Full Text of HB5935 98th General Assembly
HB5935enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 3 and 7 as follows: | 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 7 | | Sec. 3. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, | 10 | | with respect to a matter over which the
jurisdiction of the | 11 | | Board is assigned to the State Panel or the Local Panel
under | 12 | | Section 5, the panel having jurisdiction over the matter.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and other | 15 | | conditions of employment,
as detailed in Section 7 and which | 16 | | are not excluded by Section 4.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
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| 1 | | (d) "Craft employees" means skilled journeymen, crafts | 2 | | persons, and their
apprentices and helpers.
| 3 | | (e) "Essential services employees" means those public | 4 | | employees
performing functions so essential that the | 5 | | interruption or termination of
the function will constitute a | 6 | | clear and present danger to the health and
safety of the | 7 | | persons in the affected community.
| 8 | | (f) "Exclusive representative", except with respect to | 9 | | non-State fire
fighters and paramedics employed by fire | 10 | | departments and fire protection
districts, non-State peace | 11 | | officers, and peace officers in the
Department of State Police, | 12 | | means the labor organization that has
been (i) designated by | 13 | | the Board as the representative of a majority of public
| 14 | | employees in an appropriate bargaining unit in accordance with | 15 | | the procedures
contained in this Act, (ii) historically
| 16 | | recognized by the State of Illinois or
any political | 17 | | subdivision of the State before July 1, 1984
(the effective | 18 | | date of this
Act) as the exclusive representative of the | 19 | | employees in an appropriate
bargaining unit, (iii) after July | 20 | | 1, 1984 (the
effective date of this Act) recognized by an
| 21 | | employer upon evidence, acceptable to the Board, that the labor
| 22 | | organization has been designated as the exclusive | 23 | | representative by a
majority of the employees in an appropriate | 24 | | bargaining unit;
(iv) recognized as the exclusive | 25 | | representative of personal care attendants
or personal
| 26 | | assistants under Executive Order 2003-8 prior to the effective |
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| 1 | | date of this
amendatory
Act of the 93rd General Assembly, and | 2 | | the organization shall be considered to
be the
exclusive | 3 | | representative of the personal care attendants or personal | 4 | | assistants
as defined
in this Section; or (v) recognized as the | 5 | | exclusive representative of child and day care home providers, | 6 | | including licensed and license exempt providers, pursuant to an | 7 | | election held under Executive Order 2005-1 prior to the | 8 | | effective date of this amendatory Act of the 94th General | 9 | | Assembly, and the organization shall be considered to be the | 10 | | exclusive representative of the child and day care home | 11 | | providers as defined in this Section.
| 12 | | With respect to non-State fire fighters and paramedics | 13 | | employed by fire
departments and fire protection districts, | 14 | | non-State peace officers, and
peace officers in the Department | 15 | | of State Police,
"exclusive representative" means the labor | 16 | | organization that has
been (i) designated by the Board as the | 17 | | representative of a majority of peace
officers or fire fighters | 18 | | in an appropriate bargaining unit in accordance
with the | 19 | | procedures contained in this Act, (ii)
historically recognized
| 20 | | by the State of Illinois or any political subdivision of the | 21 | | State before
January 1, 1986 (the effective date of this | 22 | | amendatory Act of 1985) as the exclusive
representative by a | 23 | | majority of the peace officers or fire fighters in an
| 24 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 25 | | (the effective date of this amendatory
Act of 1985) recognized | 26 | | by an employer upon evidence, acceptable to the
Board, that the |
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| 1 | | labor organization has been designated as the exclusive
| 2 | | representative by a majority of the peace officers or fire | 3 | | fighters in an
appropriate bargaining unit.
| 4 | | Where a historical pattern of representation exists for the | 5 | | workers of a water system that was owned by a public utility, | 6 | | as defined in Section 3-105 of the Public Utilities Act, prior | 7 | | to becoming certified employees of a municipality or | 8 | | municipalities once the municipality or municipalities have | 9 | | acquired the water system as authorized in Section 11-124-5 of | 10 | | the Illinois Municipal Code, the Board shall find the labor | 11 | | organization that has historically represented the workers to | 12 | | be the exclusive representative under this Act, and shall find | 13 | | the unit represented by the exclusive representative to be the | 14 | | appropriate unit. | 15 | | (g) "Fair share agreement" means an agreement between the | 16 | | employer and
an employee organization under which all or any of | 17 | | the employees in a
collective bargaining unit are required to | 18 | | pay their proportionate share of
the costs of the collective | 19 | | bargaining process, contract administration, and
pursuing | 20 | | matters affecting wages, hours, and other conditions of | 21 | | employment,
but not to exceed the amount of dues uniformly | 22 | | required of members. The
amount certified by the exclusive | 23 | | representative shall not include any fees
for contributions | 24 | | related to the election or support of any candidate for
| 25 | | political office. Nothing in this subsection (g) shall
preclude | 26 | | an employee from making
voluntary political contributions in |
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| 1 | | conjunction with his or her fair share
payment.
| 2 | | (g-1) "Fire fighter" means, for the purposes of this Act | 3 | | only, any
person who has been or is hereafter appointed to a | 4 | | fire department or fire
protection district or employed by a | 5 | | state university and sworn or
commissioned to perform fire | 6 | | fighter duties or paramedic duties, except that the
following | 7 | | persons are not included: part-time fire fighters,
auxiliary, | 8 | | reserve or voluntary fire fighters, including paid on-call fire
| 9 | | fighters, clerks and dispatchers or other civilian employees of | 10 | | a fire
department or fire protection district who are not | 11 | | routinely expected to
perform fire fighter duties, or elected | 12 | | officials.
| 13 | | (g-2) "General Assembly of the State of Illinois" means the
| 14 | | legislative branch of the government of the State of Illinois, | 15 | | as provided
for under Article IV of the Constitution of the | 16 | | State of Illinois, and
includes but is not limited to the House | 17 | | of Representatives, the Senate,
the Speaker of the House of | 18 | | Representatives, the Minority Leader of the
House of | 19 | | Representatives, the President of the Senate, the Minority | 20 | | Leader
of the Senate, the Joint Committee on Legislative | 21 | | Support Services and any
legislative support services agency | 22 | | listed in the Legislative Commission
Reorganization Act of | 23 | | 1984.
| 24 | | (h) "Governing body" means, in the case of the State, the | 25 | | State Panel of
the Illinois Labor Relations Board, the Director | 26 | | of the Department of Central
Management Services, and the |
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| 1 | | Director of the Department of Labor; the county
board in the | 2 | | case of a county; the corporate authorities in the case of a
| 3 | | municipality; and the appropriate body authorized to provide | 4 | | for expenditures
of its funds in the case of any other unit of | 5 | | government.
| 6 | | (i) "Labor organization" means any organization in which | 7 | | public employees
participate and that exists for the purpose, | 8 | | in whole or in part, of dealing
with a public employer | 9 | | concerning wages, hours, and other terms and conditions
of | 10 | | employment, including the settlement of grievances.
| 11 | | (i-5) "Legislative liaison" means a person who is an | 12 | | employee of a State agency, the Attorney General, the Secretary | 13 | | of State, the Comptroller, or the Treasurer, as the case may | 14 | | be, and whose job duties require the person to regularly | 15 | | communicate in the course of his or her employment with any | 16 | | official or staff of the General Assembly of the State of | 17 | | Illinois for the purpose of influencing any legislative action. | 18 | | (j) "Managerial employee" means an individual who is | 19 | | engaged
predominantly in executive and management functions | 20 | | and is charged with the
responsibility of directing the | 21 | | effectuation of management policies
and practices. With | 22 | | respect only to State employees in positions under the | 23 | | jurisdiction of the Attorney General, Secretary of State, | 24 | | Comptroller, or Treasurer (i) that were certified in a | 25 | | bargaining unit on or after December 2, 2008, (ii) for which a | 26 | | petition is filed with the Illinois Public Labor Relations |
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| 1 | | Board on or after April 5, 2013 (the effective date of Public | 2 | | Act 97-1172), or (iii) for which a petition is pending before | 3 | | the Illinois Public Labor Relations Board on that date, | 4 | | "managerial employee" means an individual who is engaged in | 5 | | executive and management functions or who is charged with the | 6 | | effectuation of management policies and practices or who | 7 | | represents management interests by taking or recommending | 8 | | discretionary actions that effectively control or implement | 9 | | policy. Nothing in this definition prohibits an individual from | 10 | | also meeting the definition of "supervisor" under subsection | 11 | | (r) of this Section.
| 12 | | (k) "Peace officer" means, for the purposes of this Act | 13 | | only, any
persons who have been or are hereafter appointed to a | 14 | | police force,
department, or agency and sworn or commissioned | 15 | | to perform police duties,
except that the following persons are | 16 | | not
included: part-time police
officers, special police | 17 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 18 | | the Illinois Municipal Code, night watchmen, "merchant | 19 | | police",
court security officers as defined by Section 3-6012.1 | 20 | | of the Counties
Code,
temporary employees, traffic guards or | 21 | | wardens, civilian parking meter and
parking facilities | 22 | | personnel or other individuals specially appointed to
aid or | 23 | | direct traffic at or near schools or public functions or to aid | 24 | | in
civil defense or disaster, parking enforcement employees who | 25 | | are not
commissioned as peace officers and who are not armed | 26 | | and who are not
routinely expected to effect arrests, parking |
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| 1 | | lot attendants, clerks and
dispatchers or other civilian | 2 | | employees of a police department who are not
routinely expected | 3 | | to effect arrests, or elected officials.
| 4 | | (l) "Person" includes one or more individuals, labor | 5 | | organizations, public
employees, associations, corporations, | 6 | | legal representatives, trustees,
trustees in bankruptcy, | 7 | | receivers, or the State of Illinois or any political
| 8 | | subdivision of the State or governing body, but does not | 9 | | include the General
Assembly of the State of Illinois or any | 10 | | individual employed by the General
Assembly of the State of | 11 | | Illinois.
| 12 | | (m) "Professional employee" means any employee engaged in | 13 | | work predominantly
intellectual and varied in character rather | 14 | | than routine mental, manual,
mechanical or physical work; | 15 | | involving the consistent exercise of discretion
and adjustment | 16 | | in its performance; of such a character that the output | 17 | | produced
or the result accomplished cannot be standardized in | 18 | | relation to a given
period of time; and requiring advanced | 19 | | knowledge in a field of science or
learning customarily | 20 | | acquired by a prolonged course of specialized intellectual
| 21 | | instruction and study in an institution of higher learning or a | 22 | | hospital,
as distinguished from a general academic education or | 23 | | from apprenticeship
or from training in the performance of | 24 | | routine mental, manual, or physical
processes; or any employee | 25 | | who has completed the courses of specialized
intellectual | 26 | | instruction and study prescribed in this subsection (m) and is
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| 1 | | performing related
work under the supervision of a professional | 2 | | person to qualify to become
a professional employee as defined | 3 | | in this subsection (m).
| 4 | | (n) "Public employee" or "employee", for the purposes of | 5 | | this Act, means
any individual employed by a public employer, | 6 | | including (i) interns and residents
at public hospitals, (ii) | 7 | | as of the effective date of this amendatory Act of the 93rd | 8 | | General
Assembly, but not
before, personal care attendants and | 9 | | personal assistants working under the Home
Services
Program | 10 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 11 | | subject to
the
limitations set forth in this Act and in the | 12 | | Disabled Persons Rehabilitation
Act,
(iii) as of the effective | 13 | | date of this amendatory Act of the 94th General Assembly, but | 14 | | not before, child and day care home providers participating in | 15 | | the child care assistance program under Section 9A-11 of the | 16 | | Illinois Public Aid Code, subject to the limitations set forth | 17 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 18 | | Code, (iv) as of January 29, 2013 (the effective date of Public | 19 | | Act 97-1158), but not before except as otherwise provided in | 20 | | this subsection (n), home care and home health workers who | 21 | | function as personal care attendants, personal assistants , and | 22 | | individual maintenance home health workers and who also work | 23 | | under the Home Services Program under Section 3 of the Disabled | 24 | | Persons Rehabilitation Act, no matter whether the State | 25 | | provides those services through direct fee-for-service | 26 | | arrangements, with the assistance of a managed care |
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| 1 | | organization or other intermediary, or otherwise, (v) | 2 | | beginning on the effective date of this amendatory Act of the | 3 | | 98th General Assembly and notwithstanding any other provision | 4 | | of this Act, any person employed by a public employer and who | 5 | | is classified as or who holds the employment title of Chief | 6 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 7 | | Sewage Plant Operator, Water Plant Operator, Stationary | 8 | | Engineer, Plant Operating Engineer, and any other employee who | 9 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 10 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 11 | | Technical Manager III, Technical Manager IV, Technical Manager | 12 | | V, Technical Manager VI, Realty Specialist III, Realty | 13 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 14 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 15 | | IV, or Technical Advisor V employed by the Department of | 16 | | Transportation who is in a position which is certified in a | 17 | | bargaining unit on or before the effective date of this | 18 | | amendatory Act of the 98th General Assembly, and (vi) beginning | 19 | | on the effective date of this amendatory Act of the 98th | 20 | | General Assembly and notwithstanding any other provision of | 21 | | this Act, any mental health administrator in the Department of | 22 | | Corrections who is classified as or who holds the position of | 23 | | Public Service Administrator (Option 8K), any employee of the | 24 | | Office of the Inspector General in the Department of Human | 25 | | Services who is classified as or who holds the position of | 26 | | Public Service Administrator (Option 7), any Deputy of |
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| 1 | | Intelligence in the Department of Corrections who is classified | 2 | | as or who holds the position of Public Service Administrator | 3 | | (Option 7), and any employee of the Department of State Police | 4 | | who handles issues concerning the Illinois State Police Sex | 5 | | Offender Registry and who is classified as or holds the | 6 | | position of Public Service Administrator (Option 7), but | 7 | | excluding all of the following: employees of the
General | 8 | | Assembly of the State of Illinois; elected officials; executive
| 9 | | heads of a department; members of boards or commissions; the | 10 | | Executive
Inspectors General; any special Executive Inspectors | 11 | | General; employees of each
Office of an Executive Inspector | 12 | | General;
commissioners and employees of the Executive Ethics | 13 | | Commission; the Auditor
General's Inspector General; employees | 14 | | of the Office of the Auditor General's
Inspector General; the | 15 | | Legislative Inspector General; any special Legislative
| 16 | | Inspectors General; employees of the Office
of the Legislative | 17 | | Inspector General;
commissioners and employees of the | 18 | | Legislative Ethics Commission;
employees
of any
agency, board | 19 | | or commission created by this Act; employees appointed to
State | 20 | | positions of a temporary or emergency nature; all employees of | 21 | | school
districts and higher education institutions except | 22 | | firefighters and peace
officers employed
by a state university | 23 | | and except peace officers employed by a school district in its | 24 | | own police department in existence on the effective date of | 25 | | this amendatory Act of the 96th General Assembly; managerial | 26 | | employees; short-term employees; legislative liaisons; a |
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| 1 | | person who is a State employee under the jurisdiction of the | 2 | | Office of the Attorney General who is licensed to practice law | 3 | | or whose position authorizes, either directly or indirectly, | 4 | | meaningful input into government decision-making on issues | 5 | | where there is room for principled disagreement on goals or | 6 | | their implementation; a person who is a State employee under | 7 | | the jurisdiction of the Office of the Comptroller who holds the | 8 | | position of Public Service Administrator or whose position is | 9 | | otherwise exempt under the Comptroller Merit Employment Code; a | 10 | | person who is a State employee under the jurisdiction of the | 11 | | Secretary of State who holds the position classification of | 12 | | Executive I or higher, whose position authorizes, either | 13 | | directly or indirectly, meaningful input into government | 14 | | decision-making on issues where there is room for principled | 15 | | disagreement on goals or their implementation, or who is | 16 | | otherwise exempt under the Secretary of State Merit Employment | 17 | | Code; employees in the Office of the Secretary of State who are | 18 | | completely exempt from jurisdiction B of the Secretary of State | 19 | | Merit Employment Code and who are in Rutan-exempt positions on | 20 | | or after April 5, 2013 (the effective date of Public Act | 21 | | 97-1172); a person who is a State employee under the | 22 | | jurisdiction of the Treasurer who holds a position that is | 23 | | exempt from the State Treasurer Employment Code; any employee | 24 | | of a State agency who (i) holds the title or position of, or | 25 | | exercises substantially similar duties as a legislative | 26 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
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| 1 | | Executive Director, Agency Deputy Director, Agency Chief | 2 | | Fiscal Officer, Agency Human Resources Director, Public | 3 | | Information Officer, or Chief Information Officer and (ii) was | 4 | | neither included in a bargaining unit nor subject to an active | 5 | | petition for certification in a bargaining unit; any employee | 6 | | of a State agency who (i) is in a position that is | 7 | | Rutan-exempt, as designated by the employer, and completely | 8 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 9 | | neither included in a bargaining unit nor subject to an active | 10 | | petition for certification in a bargaining unit; any term | 11 | | appointed employee of a State agency pursuant to Section 8b.18 | 12 | | or 8b.19 of the Personnel Code who was neither included in a | 13 | | bargaining unit nor subject to an active petition for | 14 | | certification in a bargaining unit; any employment position | 15 | | properly designated pursuant to Section 6.1 of this Act;
| 16 | | confidential employees; independent contractors; and | 17 | | supervisors except as
provided in this Act.
| 18 | | Home care
and home health workers who function as personal | 19 | | care attendants, personal assistants , and individual | 20 | | maintenance home health workers and who also work under the | 21 | | Home Services Program under Section 3 of the Disabled Persons | 22 | | Rehabilitation Act shall not be considered
public
employees for | 23 | | any purposes not specifically provided for in Public Act 93-204 | 24 | | or Public Act 97-1158, including but not limited to, purposes | 25 | | of vicarious
liability in tort
and purposes of statutory | 26 | | retirement or health insurance benefits. Home care and home |
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| 1 | | health workers who function as personal
care
attendants, | 2 | | personal assistants , and individual maintenance home health | 3 | | workers and who also work under the Home Services Program under | 4 | | Section 3 of the Disabled Persons Rehabilitation Act shall not | 5 | | be covered by the State Employees
Group
Insurance Act of 1971 | 6 | | (5 ILCS 375/).
| 7 | | Child and day care home providers shall not be considered | 8 | | public employees for any purposes not specifically provided for | 9 | | in this amendatory Act of the 94th General Assembly, including | 10 | | but not limited to, purposes of vicarious liability in tort and | 11 | | purposes of statutory retirement or health insurance benefits. | 12 | | Child and day care home providers shall not be covered by the | 13 | | State Employees Group Insurance Act of 1971. | 14 | | Notwithstanding Section 9, subsection (c), or any other | 15 | | provisions of
this Act, all peace officers above the rank of | 16 | | captain in
municipalities with more than 1,000,000 inhabitants | 17 | | shall be excluded
from this Act.
| 18 | | (o) Except as otherwise in subsection (o-5), "public | 19 | | employer" or "employer" means the State of Illinois; any
| 20 | | political subdivision of the State, unit of local government or | 21 | | school
district; authorities including departments, divisions, | 22 | | bureaus, boards,
commissions, or other agencies of the | 23 | | foregoing entities; and any person
acting within the scope of | 24 | | his or her authority, express or implied, on
behalf of those | 25 | | entities in dealing with its employees.
As of the effective | 26 | | date of the amendatory Act of the 93rd General Assembly,
but |
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| 1 | | not
before, the State of Illinois shall be considered the | 2 | | employer of the personal
care
attendants and personal | 3 | | assistants working under the Home Services Program
under
| 4 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 5 | | to the
limitations set forth
in this Act and in the Disabled | 6 | | Persons Rehabilitation Act. As of January 29, 2013 (the | 7 | | effective date of Public Act 97-1158), but not before except as | 8 | | otherwise provided in this subsection (o), the State shall be | 9 | | considered the employer of home care and home health workers | 10 | | who function as personal care attendants, personal assistants , | 11 | | and individual maintenance home health workers and who also | 12 | | work under the Home Services Program under Section 3 of the | 13 | | Disabled Persons Rehabilitation Act, no matter whether the | 14 | | State provides those services through direct fee-for-service | 15 | | arrangements, with the assistance of a managed care | 16 | | organization or other intermediary, or otherwise, but subject | 17 | | to the limitations set forth in this Act and the Disabled | 18 | | Persons Rehabilitation Act. The State shall not
be
considered | 19 | | to be the employer of home care and home health workers who | 20 | | function as personal care attendants, personal
assistants , and | 21 | | individual maintenance home health workers and who also work | 22 | | under the Home Services Program under Section 3 of the Disabled | 23 | | Persons Rehabilitation Act, for any
purposes not specifically | 24 | | provided for in Public Act 93-204 or Public Act 97-1158, | 25 | | including but not limited to, purposes of vicarious liability | 26 | | in tort
and
purposes of statutory retirement or health |
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| 1 | | insurance benefits. Home care and home health workers who | 2 | | function as personal care
attendants,
personal assistants , and | 3 | | individual maintenance home health workers and who also work | 4 | | under the Home Services Program under Section 3 of the Disabled | 5 | | Persons Rehabilitation Act shall not be covered by the State | 6 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 7 | | effective date of this amendatory Act of the 94th General | 8 | | Assembly but not before, the State of Illinois shall be | 9 | | considered the employer of the day and child care home | 10 | | providers participating in the child care assistance program | 11 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 12 | | the limitations set forth in this Act and in Section 9A-11 of | 13 | | the Illinois Public Aid Code. The State shall not be considered | 14 | | to be the employer of child and day care home providers for any | 15 | | purposes not specifically provided for in this amendatory Act | 16 | | of the 94th General Assembly, including but not limited to, | 17 | | purposes of vicarious liability in tort and purposes of | 18 | | statutory retirement or health insurance benefits. Child and | 19 | | day care home providers shall not be covered by the State | 20 | | Employees Group Insurance Act of 1971. | 21 | | "Public employer" or
"employer" as used in this Act, | 22 | | however, does not
mean and shall not include the General | 23 | | Assembly of the State of Illinois,
the Executive Ethics | 24 | | Commission, the Offices of the Executive Inspectors
General, | 25 | | the Legislative Ethics Commission, the Office of the | 26 | | Legislative
Inspector General, the Office of the Auditor |
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| 1 | | General's Inspector General, the Office of the Governor, the | 2 | | Governor's Office of Management and Budget, the Illinois | 3 | | Finance Authority, the Office of the Lieutenant Governor, the | 4 | | State Board of Elections, and educational employers or | 5 | | employers as defined in the Illinois
Educational Labor | 6 | | Relations Act, except with respect to a state university in
its | 7 | | employment of firefighters and peace officers and except with | 8 | | respect to a school district in the employment of peace | 9 | | officers in its own police department in existence on the | 10 | | effective date of this amendatory Act of the 96th General | 11 | | Assembly. County boards and county
sheriffs shall be
designated | 12 | | as joint or co-employers of county peace officers appointed
| 13 | | under the authority of a county sheriff. Nothing in this | 14 | | subsection
(o) shall be construed
to prevent the State Panel or | 15 | | the Local Panel
from determining that employers are joint or | 16 | | co-employers.
| 17 | | (o-5) With respect to
wages, fringe
benefits, hours, | 18 | | holidays, vacations, proficiency
examinations, sick leave, and | 19 | | other conditions of
employment, the public employer of public | 20 | | employees who are court reporters, as
defined in the Court | 21 | | Reporters Act, shall be determined as
follows:
| 22 | | (1) For court reporters employed by the Cook County | 23 | | Judicial
Circuit, the chief judge of the Cook County | 24 | | Circuit
Court is the public employer and employer | 25 | | representative.
| 26 | | (2) For court reporters employed by the 12th, 18th, |
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| 1 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 2 | | circuits, a group consisting of the chief judges of those | 3 | | circuits, acting
jointly by majority vote, is the public | 4 | | employer and employer representative.
| 5 | | (3) For court reporters employed by all other judicial | 6 | | circuits,
a group consisting of the chief judges of those | 7 | | circuits, acting jointly by
majority vote, is the public | 8 | | employer and employer representative.
| 9 | | (p) "Security employee" means an employee who is | 10 | | responsible for the
supervision and control of inmates at | 11 | | correctional facilities. The term
also includes other | 12 | | non-security employees in bargaining units having the
majority | 13 | | of employees being responsible for the supervision and control | 14 | | of
inmates at correctional facilities.
| 15 | | (q) "Short-term employee" means an employee who is employed | 16 | | for less
than 2 consecutive calendar quarters during a calendar | 17 | | year and who does
not have a reasonable assurance that he or | 18 | | she will be rehired by the
same employer for the same service | 19 | | in a subsequent calendar year.
| 20 | | (q-5) "State agency" means an agency directly responsible | 21 | | to the Governor, as defined in Section 3.1 of the Executive | 22 | | Reorganization Implementation Act, and the Illinois Commerce | 23 | | Commission, the Illinois Workers' Compensation Commission, the | 24 | | Civil Service Commission, the Pollution Control Board, the | 25 | | Illinois Racing Board, and the Department of State Police Merit | 26 | | Board. |
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| 1 | | (r) "Supervisor" is: | 2 | | (1) An employee whose principal work is substantially
| 3 | | different from that of his or her subordinates and who has | 4 | | authority, in the
interest of the employer, to hire, | 5 | | transfer, suspend, lay off, recall,
promote, discharge, | 6 | | direct, reward, or discipline employees, to adjust
their | 7 | | grievances, or to effectively recommend any of those | 8 | | actions, if the
exercise
of that authority is not of a | 9 | | merely routine or clerical nature, but
requires the | 10 | | consistent use of independent judgment. Except with | 11 | | respect to
police employment, the term "supervisor" | 12 | | includes only those individuals
who devote a preponderance | 13 | | of their employment time to exercising that
authority, | 14 | | State supervisors notwithstanding. Nothing in this | 15 | | definition prohibits an individual from also meeting the | 16 | | definition of "managerial employee" under subsection (j) | 17 | | of this Section. In addition, in determining
supervisory | 18 | | status in police employment, rank shall not be | 19 | | determinative.
The Board shall consider, as evidence of | 20 | | bargaining unit inclusion or
exclusion, the common law | 21 | | enforcement policies and relationships between
police | 22 | | officer ranks and certification under applicable civil | 23 | | service law,
ordinances, personnel codes, or Division 2.1 | 24 | | of Article 10 of the Illinois
Municipal Code, but these | 25 | | factors shall not
be the sole or predominant factors | 26 | | considered by the Board in determining
police supervisory |
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| 1 | | status.
| 2 | | Notwithstanding the provisions of the preceding | 3 | | paragraph, in determining
supervisory status in fire | 4 | | fighter employment, no fire fighter shall be
excluded as a | 5 | | supervisor who has established representation rights under
| 6 | | Section 9 of this Act. Further, in new fire fighter units, | 7 | | employees shall
consist of fire fighters of the rank of | 8 | | company officer and below. If a company officer otherwise | 9 | | qualifies as a supervisor under the preceding paragraph, | 10 | | however, he or she shall
not be included in the fire | 11 | | fighter
unit. If there is no rank between that of chief and | 12 | | the
highest company officer, the employer may designate a | 13 | | position on each
shift as a Shift Commander, and the | 14 | | persons occupying those positions shall
be supervisors. | 15 | | All other ranks above that of company officer shall be
| 16 | | supervisors.
| 17 | | (2) With respect only to State employees in positions | 18 | | under the jurisdiction of the Attorney General, Secretary | 19 | | of State, Comptroller, or Treasurer (i) that were certified | 20 | | in a bargaining unit on or after December 2, 2008, (ii) for | 21 | | which a petition is filed with the Illinois Public Labor | 22 | | Relations Board on or after April 5, 2013 (the effective | 23 | | date of Public Act 97-1172), or (iii) for which a petition | 24 | | is pending before the Illinois Public Labor Relations Board | 25 | | on that date, an employee who qualifies as a supervisor | 26 | | under (A) Section 152 of the National Labor Relations Act |
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| 1 | | and (B) orders of the National Labor Relations Board | 2 | | interpreting that provision or decisions of courts | 3 | | reviewing decisions of the National Labor Relations Board. | 4 | | (s)(1) "Unit" means a class of jobs or positions that are | 5 | | held by
employees whose collective interests may suitably be | 6 | | represented by a labor
organization for collective bargaining. | 7 | | Except with respect to non-State fire
fighters and paramedics | 8 | | employed by fire departments and fire protection
districts, | 9 | | non-State peace officers, and peace officers in the Department | 10 | | of
State Police, a bargaining unit determined by the Board | 11 | | shall not include both
employees and supervisors, or | 12 | | supervisors only, except as provided in paragraph
(2) of this | 13 | | subsection (s) and except for bargaining units in existence on | 14 | | July
1, 1984 (the effective date of this Act). With respect to | 15 | | non-State fire
fighters and paramedics employed by fire | 16 | | departments and fire protection
districts, non-State peace | 17 | | officers, and peace officers in the Department of
State Police, | 18 | | a bargaining unit determined by the Board shall not include | 19 | | both
supervisors and nonsupervisors, or supervisors only, | 20 | | except as provided in
paragraph (2) of this subsection (s) and | 21 | | except for bargaining units in
existence on January 1, 1986 | 22 | | (the effective date of this amendatory Act of
1985). A | 23 | | bargaining unit determined by the Board to contain peace | 24 | | officers
shall contain no employees other than peace officers | 25 | | unless otherwise agreed to
by the employer and the labor | 26 | | organization or labor organizations involved.
Notwithstanding |
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| 1 | | any other provision of this Act, a bargaining unit, including a
| 2 | | historical bargaining unit, containing sworn peace officers of | 3 | | the Department
of Natural Resources (formerly designated the | 4 | | Department of Conservation) shall
contain no employees other | 5 | | than such sworn peace officers upon the effective
date of this | 6 | | amendatory Act of 1990 or upon the expiration date of any
| 7 | | collective bargaining agreement in effect upon the effective | 8 | | date of this
amendatory Act of 1990 covering both such sworn | 9 | | peace officers and other
employees.
| 10 | | (2) Notwithstanding the exclusion of supervisors from | 11 | | bargaining units
as provided in paragraph (1) of this | 12 | | subsection (s), a public
employer may agree to permit its | 13 | | supervisory employees to form bargaining units
and may bargain | 14 | | with those units. This Act shall apply if the public employer
| 15 | | chooses to bargain under this subsection.
| 16 | | (3) Public employees who are court reporters, as defined
in | 17 | | the Court Reporters Act,
shall be divided into 3 units for | 18 | | collective bargaining purposes. One unit
shall be court | 19 | | reporters employed by the Cook County Judicial Circuit; one
| 20 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 21 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 22 | | and one unit shall be court reporters employed by all other
| 23 | | judicial circuits.
| 24 | | (t) "Active petition for certification in a bargaining | 25 | | unit" means a petition for certification filed with the Board | 26 | | under one of the following case numbers: S-RC-11-110; |
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| 1 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 2 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 3 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 4 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 5 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 6 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 7 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 8 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 9 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 10 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 11 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 12 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 13 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 14 | | S-RC-07-100. | 15 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 16 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
| 17 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 18 | | Sec. 7. Duty to bargain. A public employer and the | 19 | | exclusive representative
have the authority and the duty to | 20 | | bargain collectively set forth in this
Section.
| 21 | | For the purposes of this Act, "to bargain collectively" | 22 | | means the performance
of the mutual obligation of the public | 23 | | employer or his designated
representative and the | 24 | | representative of the public employees to meet at
reasonable | 25 | | times, including meetings in advance of the budget-making |
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| 1 | | process,
and to negotiate in good faith with respect to wages, | 2 | | hours, and other
conditions
of employment, not excluded by | 3 | | Section 4 of this Act, or the negotiation
of an agreement, or | 4 | | any question arising
thereunder and the execution of a written | 5 | | contract incorporating any agreement
reached if requested by | 6 | | either party, but such obligation does not compel
either party | 7 | | to agree to a proposal or require the making of a concession.
| 8 | | The duty "to bargain collectively" shall also include an | 9 | | obligation to
negotiate over any matter with respect to wages, | 10 | | hours and other conditions
of employment, not specifically | 11 | | provided for in any other law or not specifically
in violation | 12 | | of the provisions
of any law. If any other law pertains, in | 13 | | part, to a matter affecting
the wages, hours and other | 14 | | conditions of employment, such other law shall
not be construed | 15 | | as limiting the duty "to bargain collectively" and to enter
| 16 | | into collective bargaining agreements containing clauses which | 17 | | either supplement,
implement, or relate to the effect of such | 18 | | provisions in other laws.
| 19 | | The duty "to bargain collectively" shall also include | 20 | | negotiations
as to the terms of a collective bargaining | 21 | | agreement.
The parties may, by mutual agreement, provide for | 22 | | arbitration of impasses
resulting from their inability to agree | 23 | | upon wages, hours and terms and
conditions of employment to be | 24 | | included in a collective bargaining agreement.
Such | 25 | | arbitration provisions shall be subject to the Illinois | 26 | | "Uniform Arbitration
Act" unless agreed by the parties.
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| 1 | | The duty "to bargain collectively" shall also mean that no | 2 | | party to a collective
bargaining contract shall terminate or | 3 | | modify such contract, unless the
party desiring such | 4 | | termination or modification:
| 5 | | (1) serves a written notice upon the other party to the | 6 | | contract of the
proposed termination or modification 60 | 7 | | days prior to the expiration date
thereof, or in the event | 8 | | such contract contains no expiration date, 60 days
prior to | 9 | | the time it is proposed to make such termination or | 10 | | modification;
| 11 | | (2) offers to meet and confer with the other party for | 12 | | the purpose of
negotiating a new contract or a contract | 13 | | containing the proposed modifications;
| 14 | | (3) notifies the Board within 30 days after such notice | 15 | | of the existence
of a dispute, provided no agreement has | 16 | | been reached by that time; and
| 17 | | (4) continues in full force and effect, without | 18 | | resorting to strike or
lockout, all the terms and | 19 | | conditions of the existing contract for a period
of 60 days | 20 | | after such notice is given to the other party or until the | 21 | | expiration
date of such contract, whichever occurs later.
| 22 | | The duties imposed upon employers, employees and labor | 23 | | organizations by
paragraphs (2), (3) and (4) shall become | 24 | | inapplicable upon an intervening
certification of the Board, | 25 | | under which the labor organization, which is
a party to the | 26 | | contract, has been superseded as or ceased to be the exclusive
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| 1 | | representative
of the employees pursuant to the provisions of | 2 | | subsection (a) of Section
9, and the duties so imposed shall | 3 | | not be construed as requiring either
party to discuss or agree | 4 | | to any modification of the terms and conditions
contained in a | 5 | | contract for a fixed period, if such modification is to become
| 6 | | effective before such terms and conditions can be reopened | 7 | | under the provisions
of the contract.
| 8 | | Collective bargaining for home care and home health workers | 9 | | who function as personal care attendants, personal assistants , | 10 | | and individual maintenance home health workers
under
the Home | 11 | | Services Program shall be limited to the terms and conditions | 12 | | of
employment
under the State's control, as defined in Public | 13 | | Act 93-204 or this amendatory Act of the 97th General Assembly, | 14 | | as applicable.
| 15 | | Collective bargaining for child and day care home providers | 16 | | under the child care assistance program shall be limited to the | 17 | | terms and conditions of employment under the State's control, | 18 | | as defined in this amendatory Act of the 94th General Assembly.
| 19 | | Notwithstanding any other provision of this Section, | 20 | | whenever collective bargaining is for the purpose of | 21 | | establishing an initial agreement following original | 22 | | certification of units with fewer than 35 employees, with | 23 | | respect to public employees other than peace officers, fire | 24 | | fighters, and security employees, the following apply: | 25 | | (1) Not later than 10 days after receiving a written | 26 | | request for collective bargaining from a labor |
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| 1 | | organization that has been newly certified as a | 2 | | representative as defined in Section 6(c), or within such | 3 | | further period as the parties agree upon, the parties shall | 4 | | meet and commence to bargain collectively and shall make | 5 | | every reasonable effort to conclude and sign a collective | 6 | | bargaining agreement. | 7 | | (2) If anytime after the expiration of the 90-day | 8 | | period beginning on the date on which bargaining is | 9 | | commenced the parties have failed to reach an agreement, | 10 | | either party may notify the Illinois Public Labor Relations | 11 | | Board of the existence of a dispute and request mediation | 12 | | in accordance with the provisions of Section 14 of this | 13 | | Act. | 14 | | (3) If after the expiration of the 30-day period | 15 | | beginning on the date on which mediation commenced, or such | 16 | | additional period as the parties may agree upon, the | 17 | | mediator is not able to bring the parties to agreement by | 18 | | conciliation, either the exclusive representative of the | 19 | | employees or the employer may request of the other, in | 20 | | writing, arbitration and shall submit a copy of the request | 21 | | to the board. Upon submission of the request for | 22 | | arbitration, the parties shall be required to participate | 23 | | in the impasse arbitration procedures set forth in Section | 24 | | 14 of this Act, except the right to strike shall not be | 25 | | considered waived pursuant to Section 17 of this Act, until | 26 | | the actual convening of the arbitration hearing. |
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| 1 | | (Source: P.A. 96-598, eff. 1-1-10; 97-1158, eff. 1-29-13.)
| 2 | | Section 10. The Disabled Persons Rehabilitation Act is | 3 | | amended by changing Section 3 and by adding Section 5b as | 4 | | follows:
| 5 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 6 | | (Text of Section from P.A. 97-732)
| 7 | | Sec. 3. Powers and duties. The Department shall have the | 8 | | powers and
duties enumerated
herein:
| 9 | | (a) To co-operate with the federal government in the | 10 | | administration
of the provisions of the federal Rehabilitation | 11 | | Act of 1973, as amended,
of the Workforce Investment Act of | 12 | | 1998,
and of the federal Social Security Act to the extent and | 13 | | in the manner
provided in these Acts.
| 14 | | (b) To prescribe and supervise such courses of vocational | 15 | | training
and provide such other services as may be necessary | 16 | | for the habilitation
and rehabilitation of persons with one or | 17 | | more disabilities, including the
administrative activities | 18 | | under subsection (e) of this Section, and to
co-operate with | 19 | | State and local school authorities and other recognized
| 20 | | agencies engaged in habilitation, rehabilitation and | 21 | | comprehensive
rehabilitation services; and to cooperate with | 22 | | the Department of Children
and Family Services regarding the | 23 | | care and education of children with one
or more disabilities.
| 24 | | (c) (Blank).
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| 1 | | (d) To report in writing, to the Governor, annually on or | 2 | | before the
first day of December, and at such other times and | 3 | | in such manner and
upon such subjects as the Governor may | 4 | | require. The annual report shall
contain (1) a statement of the | 5 | | existing condition of comprehensive
rehabilitation services, | 6 | | habilitation and rehabilitation in the State;
(2) a statement | 7 | | of suggestions and recommendations with reference to the
| 8 | | development of comprehensive rehabilitation services, | 9 | | habilitation and
rehabilitation in the State; and (3) an | 10 | | itemized statement of the
amounts of money received from | 11 | | federal, State and other sources, and of
the objects and | 12 | | purposes to which the respective items of these several
amounts | 13 | | have been devoted.
| 14 | | (e) (Blank).
| 15 | | (f) To establish a program of services to prevent | 16 | | unnecessary
institutionalization of persons with Alzheimer's | 17 | | disease and related
disorders or persons in need of long term | 18 | | care who are established as blind
or disabled as defined by the | 19 | | Social Security Act, thereby enabling them to
remain in their | 20 | | own homes or other living arrangements. Such preventive
| 21 | | services may include, but are not limited to, any or all of the | 22 | | following:
| 23 | | (1) home health services;
| 24 | | (2) home nursing services;
| 25 | | (3) homemaker services;
| 26 | | (4) chore and housekeeping services;
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| 1 | | (5) day care services;
| 2 | | (6) home-delivered meals;
| 3 | | (7) education in self-care;
| 4 | | (8) personal care services;
| 5 | | (9) adult day health services;
| 6 | | (10) habilitation services;
| 7 | | (11) respite care; or
| 8 | | (12) other nonmedical social services that may enable | 9 | | the person to
become self-supporting.
| 10 | | The Department shall establish eligibility
standards for | 11 | | such services taking into consideration the unique
economic and | 12 | | social needs of the population for whom they are to
be | 13 | | provided. Such eligibility standards may be based on the | 14 | | recipient's
ability to pay for services; provided, however, | 15 | | that any portion of a
person's income that is equal to or less | 16 | | than the "protected income" level
shall not be considered by | 17 | | the Department in determining eligibility. The
"protected | 18 | | income" level shall be determined by the Department, shall | 19 | | never be
less than the federal poverty standard, and shall be | 20 | | adjusted each year to
reflect changes in the Consumer Price | 21 | | Index For All Urban Consumers as
determined by the United | 22 | | States Department of Labor. The standards must
provide that a | 23 | | person may have not more than $10,000 in assets to be eligible | 24 | | for the services, and the Department may increase the asset | 25 | | limitation by rule. Additionally, in
determining the amount and | 26 | | nature of services for which a person may qualify,
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| 1 | | consideration shall not be given to the value of cash, property | 2 | | or other assets
held in the name of the person's spouse | 3 | | pursuant to a written agreement
dividing marital property into | 4 | | equal but separate shares or pursuant to a
transfer of the | 5 | | person's interest in a home to his spouse, provided that the
| 6 | | spouse's share of the marital property is not made available to | 7 | | the person
seeking such services.
| 8 | | The services shall be provided to eligible persons
to | 9 | | prevent unnecessary or premature institutionalization, to
the | 10 | | extent that the cost of the services, together with the
other | 11 | | personal maintenance expenses of the persons, are reasonably
| 12 | | related to the standards established for care in a group | 13 | | facility
appropriate to their condition. These | 14 | | non-institutional
services, pilot projects or experimental | 15 | | facilities may be provided as part of
or in addition to those | 16 | | authorized by federal law or those funded and
administered by | 17 | | the Illinois Department on Aging. The Department shall set | 18 | | rates and fees for services in a fair and equitable manner. | 19 | | Services identical to those offered by the Department on Aging | 20 | | shall be paid at the same rate.
| 21 | | Personal care attendants shall be paid:
| 22 | | (i) A $5 per hour minimum rate beginning July 1, 1995.
| 23 | | (ii) A $5.30 per hour minimum rate beginning July 1, | 24 | | 1997.
| 25 | | (iii) A $5.40 per hour minimum rate beginning July 1, | 26 | | 1998.
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| 1 | | Solely for the purposes of coverage under the Illinois | 2 | | Public Labor
Relations
Act
(5 ILCS 315/), personal care | 3 | | attendants and personal assistants providing
services under
| 4 | | the Department's Home Services Program shall be considered to | 5 | | be public
employees
and the State of Illinois shall be | 6 | | considered to be their employer as of the
effective date of
| 7 | | this amendatory Act of the 93rd General Assembly, but not | 8 | | before. The State
shall
engage in collective bargaining with an | 9 | | exclusive representative of personal
care
attendants and | 10 | | personal assistants working under the Home Services Program
| 11 | | concerning
their terms and conditions of employment that are | 12 | | within the State's control.
Nothing in
this paragraph shall be | 13 | | understood to limit the right of the persons receiving
services
| 14 | | defined in this Section to hire and fire personal care | 15 | | attendants and
personal assistants
or supervise them within the | 16 | | limitations set by the Home Services Program. The
State
shall | 17 | | not be considered to be the employer of personal care | 18 | | attendants and
personal
assistants for any purposes not | 19 | | specifically provided in this amendatory Act of
the 93rd
| 20 | | General Assembly, including but not limited to, purposes of | 21 | | vicarious liability
in tort and
purposes of statutory | 22 | | retirement or health insurance benefits. Personal care
| 23 | | attendants
and personal assistants shall not be covered by the | 24 | | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| 25 | | The Department shall execute, relative to the nursing home | 26 | | prescreening
project, as authorized by Section 4.03 of the |
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| 1 | | Illinois Act on the Aging,
written inter-agency agreements with | 2 | | the Department on Aging and
the Department of Public Aid (now | 3 | | Department of Healthcare and Family Services), to effect the | 4 | | following: (i) intake procedures
and common eligibility | 5 | | criteria for those persons who are receiving
non-institutional | 6 | | services; and (ii) the establishment and development of
| 7 | | non-institutional services in areas of the State where they are | 8 | | not
currently available or are undeveloped. On and after July | 9 | | 1, 1996, all nursing
home prescreenings for individuals 18 | 10 | | through 59 years of age shall be
conducted by the Department.
| 11 | | The Department is authorized to establish a system of | 12 | | recipient cost-sharing
for services provided under this | 13 | | Section. The cost-sharing shall be based upon
the recipient's | 14 | | ability to pay for services, but in no case shall the
| 15 | | recipient's share exceed the actual cost of the services | 16 | | provided. Protected
income shall not be considered by the | 17 | | Department in its determination of the
recipient's ability to | 18 | | pay a share of the cost of services. The level of
cost-sharing | 19 | | shall be adjusted each year to reflect changes in the | 20 | | "protected
income" level. The Department shall deduct from the | 21 | | recipient's share of the
cost of services any money expended by | 22 | | the recipient for disability-related
expenses.
| 23 | | The Department, or the Department's authorized | 24 | | representative, shall recover
the amount of moneys expended for | 25 | | services provided to or in behalf of a person
under this | 26 | | Section by a claim against the person's estate or against the |
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| 1 | | estate
of the person's surviving spouse, but no recovery may be | 2 | | had until after the
death of the surviving spouse, if any, and | 3 | | then only at such time when there is
no surviving child who is | 4 | | under age 21, blind, or permanently and totally
disabled. This | 5 | | paragraph, however, shall not bar recovery, at the death of the
| 6 | | person, of moneys for services provided to the person or in | 7 | | behalf of the
person under this Section to which the person was | 8 | | not entitled; provided that
such recovery shall not be enforced | 9 | | against any real estate while
it is occupied as a homestead by | 10 | | the surviving spouse or other dependent, if no
claims by other | 11 | | creditors have been filed against the estate, or, if such
| 12 | | claims have been filed, they remain dormant for failure of | 13 | | prosecution or
failure of the claimant to compel administration | 14 | | of the estate for the purpose
of payment. This paragraph shall | 15 | | not bar recovery from the estate of a spouse,
under Sections | 16 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 17 | | Illinois Public Aid Code, who precedes a person receiving | 18 | | services under this
Section in death. All moneys for services
| 19 | | paid to or in behalf of the person under this Section shall be | 20 | | claimed for
recovery from the deceased spouse's estate. | 21 | | "Homestead", as used in this
paragraph, means the dwelling | 22 | | house and
contiguous real estate occupied by a surviving spouse | 23 | | or relative, as defined
by the rules and regulations of the | 24 | | Department of Healthcare and Family Services,
regardless of the | 25 | | value of the property.
| 26 | | The Department and the Department on Aging shall cooperate
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| 1 | | in the development and submission of an annual report on | 2 | | programs and
services provided under this Section. Such joint | 3 | | report shall be filed
with the Governor and the General | 4 | | Assembly on or before March
30
each year.
| 5 | | The requirement for reporting to the General Assembly shall | 6 | | be satisfied
by filing copies of the report with the Speaker, | 7 | | the Minority Leader and
the Clerk of the House of | 8 | | Representatives and the President, the Minority
Leader and the | 9 | | Secretary of the Senate and the Legislative Research Unit,
as | 10 | | required by Section 3.1 of the General Assembly Organization | 11 | | Act, and filing
additional copies with the State
Government | 12 | | Report Distribution Center for the General Assembly as
required | 13 | | under paragraph (t) of Section 7 of the State Library Act.
| 14 | | (g) To establish such subdivisions of the Department
as | 15 | | shall be desirable and assign to the various subdivisions the
| 16 | | responsibilities and duties placed upon the Department by law.
| 17 | | (h) To cooperate and enter into any necessary agreements | 18 | | with the
Department of Employment Security for the provision of | 19 | | job placement and
job referral services to clients of the | 20 | | Department, including job
service registration of such clients | 21 | | with Illinois Employment Security
offices and making job | 22 | | listings maintained by the Department of Employment
Security | 23 | | available to such clients.
| 24 | | (i) To possess all powers reasonable and necessary for
the | 25 | | exercise and administration of the powers, duties and
| 26 | | responsibilities of the Department which are provided for by |
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| 1 | | law.
| 2 | | (j) To establish a procedure whereby new providers of
| 3 | | personal care attendant services shall submit vouchers to the | 4 | | State for
payment two times during their first month of | 5 | | employment and one time per
month thereafter. In no case shall | 6 | | the Department pay personal care
attendants an hourly wage that | 7 | | is less than the federal minimum wage.
| 8 | | (k) To provide adequate notice to providers of chore and | 9 | | housekeeping
services informing them that they are entitled to | 10 | | an interest payment on
bills which are not promptly paid | 11 | | pursuant to Section 3 of the State Prompt
Payment Act.
| 12 | | (l) To establish, operate and maintain a Statewide Housing | 13 | | Clearinghouse
of information on available, government | 14 | | subsidized housing accessible to
disabled persons and | 15 | | available privately owned housing accessible to
disabled | 16 | | persons. The information shall include but not be limited to | 17 | | the
location, rental requirements, access features and | 18 | | proximity to public
transportation of available housing. The | 19 | | Clearinghouse shall consist
of at least a computerized database | 20 | | for the storage and retrieval of
information and a separate or | 21 | | shared toll free telephone number for use by
those seeking | 22 | | information from the Clearinghouse. Department offices and
| 23 | | personnel throughout the State shall also assist in the | 24 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 25 | | with local, State and federal
housing managers shall be sought | 26 | | and extended in order to frequently and
promptly update the |
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|
| 1 | | Clearinghouse's information.
| 2 | | (m) To assure that the names and case records of persons | 3 | | who received or
are
receiving services from the Department, | 4 | | including persons receiving vocational
rehabilitation, home | 5 | | services, or other services, and those attending one of
the | 6 | | Department's schools or other supervised facility shall be | 7 | | confidential and
not be open to the general public. Those case | 8 | | records and reports or the
information contained in those | 9 | | records and reports shall be disclosed by the
Director only to | 10 | | proper law enforcement officials, individuals authorized by a
| 11 | | court, the General Assembly or any committee or commission of | 12 | | the General
Assembly, and other persons and for reasons as the | 13 | | Director designates by rule.
Disclosure by the Director may be | 14 | | only in accordance with other applicable
law.
| 15 | | (Source: P.A. 97-732, eff. 6-30-12.)
| 16 | | (Text of Section from P.A. 97-1019)
| 17 | | Sec. 3. Powers and duties. The Department shall have the | 18 | | powers and
duties enumerated
herein:
| 19 | | (a) To co-operate with the federal government in the | 20 | | administration
of the provisions of the federal Rehabilitation | 21 | | Act of 1973, as amended,
of the Workforce Investment Act of | 22 | | 1998,
and of the federal Social Security Act to the extent and | 23 | | in the manner
provided in these Acts.
| 24 | | (b) To prescribe and supervise such courses of vocational | 25 | | training
and provide such other services as may be necessary |
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|
| 1 | | for the habilitation
and rehabilitation of persons with one or | 2 | | more disabilities, including the
administrative activities | 3 | | under subsection (e) of this Section, and to
co-operate with | 4 | | State and local school authorities and other recognized
| 5 | | agencies engaged in habilitation, rehabilitation and | 6 | | comprehensive
rehabilitation services; and to cooperate with | 7 | | the Department of Children
and Family Services regarding the | 8 | | care and education of children with one
or more disabilities.
| 9 | | (c) (Blank).
| 10 | | (d) To report in writing, to the Governor, annually on or | 11 | | before the
first day of December, and at such other times and | 12 | | in such manner and
upon such subjects as the Governor may | 13 | | require. The annual report shall
contain (1) a statement of the | 14 | | existing condition of comprehensive
rehabilitation services, | 15 | | habilitation and rehabilitation in the State;
(2) a statement | 16 | | of suggestions and recommendations with reference to the
| 17 | | development of comprehensive rehabilitation services, | 18 | | habilitation and
rehabilitation in the State; and (3) an | 19 | | itemized statement of the
amounts of money received from | 20 | | federal, State and other sources, and of
the objects and | 21 | | purposes to which the respective items of these several
amounts | 22 | | have been devoted.
| 23 | | (e) (Blank).
| 24 | | (f) To establish a program of services to prevent the | 25 | | unnecessary
institutionalization of persons in need of long | 26 | | term care and who meet the criteria for blindness or disability |
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|
| 1 | | as defined by the Social Security Act, thereby enabling them to
| 2 | | remain in their own homes. Such preventive
services include any | 3 | | or all of the following:
| 4 | | (1) personal assistant services;
| 5 | | (2) homemaker services;
| 6 | | (3) home-delivered meals;
| 7 | | (4) adult day care services;
| 8 | | (5) respite care;
| 9 | | (6) home modification or assistive equipment;
| 10 | | (7) home health services;
| 11 | | (8) electronic home response;
| 12 | | (9) brain injury behavioral/cognitive services;
| 13 | | (10) brain injury habilitation;
| 14 | | (11) brain injury pre-vocational services; or
| 15 | | (12) brain injury supported employment.
| 16 | | The Department shall establish eligibility
standards for | 17 | | such services taking into consideration the unique
economic and | 18 | | social needs of the population for whom they are to
be | 19 | | provided. Such eligibility standards may be based on the | 20 | | recipient's
ability to pay for services; provided, however, | 21 | | that any portion of a
person's income that is equal to or less | 22 | | than the "protected income" level
shall not be considered by | 23 | | the Department in determining eligibility. The
"protected | 24 | | income" level shall be determined by the Department, shall | 25 | | never be
less than the federal poverty standard, and shall be | 26 | | adjusted each year to
reflect changes in the Consumer Price |
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| 1 | | Index For All Urban Consumers as
determined by the United | 2 | | States Department of Labor. The standards must
provide that a | 3 | | person may not have more than $10,000 in assets to be eligible | 4 | | for the services, and the Department may increase or decrease | 5 | | the asset limitation by rule. The Department may not decrease | 6 | | the asset level below $10,000.
| 7 | | The services shall be provided, as established by the
| 8 | | Department by rule, to eligible persons
to prevent unnecessary | 9 | | or premature institutionalization, to
the extent that the cost | 10 | | of the services, together with the
other personal maintenance | 11 | | expenses of the persons, are reasonably
related to the | 12 | | standards established for care in a group facility
appropriate | 13 | | to their condition. These non-institutional
services, pilot | 14 | | projects or experimental facilities may be provided as part of
| 15 | | or in addition to those authorized by federal law or those | 16 | | funded and
administered by the Illinois Department on Aging. | 17 | | The Department shall set rates and fees for services in a fair | 18 | | and equitable manner. Services identical to those offered by | 19 | | the Department on Aging shall be paid at the same rate.
| 20 | | Personal assistants shall be paid at a rate negotiated
| 21 | | between the State and an exclusive representative of personal
| 22 | | assistants under a collective bargaining agreement. In no case
| 23 | | shall the Department pay personal assistants an hourly wage
| 24 | | that is less than the federal minimum wage.
| 25 | | Solely for the purposes of coverage under the Illinois | 26 | | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants |
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|
| 1 | | providing
services under
the Department's Home Services | 2 | | Program shall be considered to be public
employees
and the | 3 | | State of Illinois shall be considered to be their employer as | 4 | | of the
effective date of
this amendatory Act of the 93rd | 5 | | General Assembly, but not before. Solely for the purposes of | 6 | | coverage under the Illinois Public Labor Relations Act, home | 7 | | care and home health workers who function as personal | 8 | | assistants and individual maintenance home health workers and | 9 | | who also provide services under the Department's Home Services | 10 | | Program shall be considered to be public employees, no matter | 11 | | whether the State provides such services through direct | 12 | | fee-for-service arrangements, with the assistance of a managed | 13 | | care organization or other intermediary, or otherwise, and the | 14 | | State of Illinois shall be considered to be the employer of | 15 | | those persons as of January 29, 2013 (the effective date of | 16 | | Public Act 97-1158), but not before except as otherwise | 17 | | provided under this subsection (f). The State
shall
engage in | 18 | | collective bargaining with an exclusive representative of home | 19 | | care and home health workers who function as personal | 20 | | assistants and individual maintenance home health workers | 21 | | working under the Home Services Program
concerning
their terms | 22 | | and conditions of employment that are within the State's | 23 | | control.
Nothing in
this paragraph shall be understood to limit | 24 | | the right of the persons receiving
services
defined in this | 25 | | Section to hire and fire
home care and home health workers who | 26 | | function as personal assistants
and individual maintenance |
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| 1 | | home health workers working under the Home Services Program or | 2 | | to supervise them within the limitations set by the Home | 3 | | Services Program. The
State
shall not be considered to be the | 4 | | employer of
home care and home health workers who function as | 5 | | personal
assistants and individual maintenance home health | 6 | | workers working under the Home Services Program for any | 7 | | purposes not specifically provided in Public Act 93-204 or | 8 | | Public Act 97-1158 this amendatory Act of
the 93rd
General | 9 | | Assembly , including but not limited to, purposes of vicarious | 10 | | liability
in tort and
purposes of statutory retirement or | 11 | | health insurance benefits. Home care and home health workers | 12 | | who function as personal Personal assistants and individual | 13 | | maintenance home health workers and who also provide services | 14 | | under the Department's Home Services Program shall not be | 15 | | covered by the State Employees Group
Insurance Act
of 1971 (5 | 16 | | ILCS 375/).
| 17 | | The Department shall execute, relative to nursing home | 18 | | prescreening, as authorized by Section 4.03 of the Illinois Act | 19 | | on the Aging,
written inter-agency agreements with the | 20 | | Department on Aging and
the Department of Healthcare and Family | 21 | | Services, to effect the intake procedures
and eligibility | 22 | | criteria for those persons who may need long term care. On and | 23 | | after July 1, 1996, all nursing
home prescreenings for | 24 | | individuals 18 through 59 years of age shall be
conducted by | 25 | | the Department, or a designee of the
Department.
| 26 | | The Department is authorized to establish a system of |
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|
| 1 | | recipient cost-sharing
for services provided under this | 2 | | Section. The cost-sharing shall be based upon
the recipient's | 3 | | ability to pay for services, but in no case shall the
| 4 | | recipient's share exceed the actual cost of the services | 5 | | provided. Protected
income shall not be considered by the | 6 | | Department in its determination of the
recipient's ability to | 7 | | pay a share of the cost of services. The level of
cost-sharing | 8 | | shall be adjusted each year to reflect changes in the | 9 | | "protected
income" level. The Department shall deduct from the | 10 | | recipient's share of the
cost of services any money expended by | 11 | | the recipient for disability-related
expenses.
| 12 | | To the extent permitted under the federal Social Security | 13 | | Act, the Department, or the Department's authorized | 14 | | representative, may recover
the amount of moneys expended for | 15 | | services provided to or in behalf of a person
under this | 16 | | Section by a claim against the person's estate or against the | 17 | | estate
of the person's surviving spouse, but no recovery may be | 18 | | had until after the
death of the surviving spouse, if any, and | 19 | | then only at such time when there is
no surviving child who is | 20 | | under age 21, blind, or permanently and totally
disabled. This | 21 | | paragraph, however, shall not bar recovery, at the death of the
| 22 | | person, of moneys for services provided to the person or in | 23 | | behalf of the
person under this Section to which the person was | 24 | | not entitled; provided that
such recovery shall not be enforced | 25 | | against any real estate while
it is occupied as a homestead by | 26 | | the surviving spouse or other dependent, if no
claims by other |
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|
| 1 | | creditors have been filed against the estate, or, if such
| 2 | | claims have been filed, they remain dormant for failure of | 3 | | prosecution or
failure of the claimant to compel administration | 4 | | of the estate for the purpose
of payment. This paragraph shall | 5 | | not bar recovery from the estate of a spouse,
under Sections | 6 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 7 | | Illinois Public Aid Code, who precedes a person receiving | 8 | | services under this
Section in death. All moneys for services
| 9 | | paid to or in behalf of the person under this Section shall be | 10 | | claimed for
recovery from the deceased spouse's estate. | 11 | | "Homestead", as used in this
paragraph, means the dwelling | 12 | | house and
contiguous real estate occupied by a surviving spouse | 13 | | or relative, as defined
by the rules and regulations of the | 14 | | Department of Healthcare and Family Services,
regardless of the | 15 | | value of the property.
| 16 | | The Department shall submit an annual report on programs | 17 | | and
services provided under this Section. The report shall be | 18 | | filed
with the Governor and the General Assembly on or before | 19 | | March
30
each year.
| 20 | | The requirement for reporting to the General Assembly shall | 21 | | be satisfied
by filing copies of the report with the Speaker, | 22 | | the Minority Leader and
the Clerk of the House of | 23 | | Representatives and the President, the Minority
Leader and the | 24 | | Secretary of the Senate and the Legislative Research Unit,
as | 25 | | required by Section 3.1 of the General Assembly Organization | 26 | | Act, and filing
additional copies with the State
Government |
| | | HB5935 Enrolled | - 45 - | LRB098 17728 KTG 54974 b |
|
| 1 | | Report Distribution Center for the General Assembly as
required | 2 | | under paragraph (t) of Section 7 of the State Library Act.
| 3 | | (g) To establish such subdivisions of the Department
as | 4 | | shall be desirable and assign to the various subdivisions the
| 5 | | responsibilities and duties placed upon the Department by law.
| 6 | | (h) To cooperate and enter into any necessary agreements | 7 | | with the
Department of Employment Security for the provision of | 8 | | job placement and
job referral services to clients of the | 9 | | Department, including job
service registration of such clients | 10 | | with Illinois Employment Security
offices and making job | 11 | | listings maintained by the Department of Employment
Security | 12 | | available to such clients.
| 13 | | (i) To possess all powers reasonable and necessary for
the | 14 | | exercise and administration of the powers, duties and
| 15 | | responsibilities of the Department which are provided for by | 16 | | law.
| 17 | | (j) (Blank).
| 18 | | (k) (Blank).
| 19 | | (l) To establish, operate and maintain a Statewide Housing | 20 | | Clearinghouse
of information on available, government | 21 | | subsidized housing accessible to
disabled persons and | 22 | | available privately owned housing accessible to
disabled | 23 | | persons. The information shall include but not be limited to | 24 | | the
location, rental requirements, access features and | 25 | | proximity to public
transportation of available housing. The | 26 | | Clearinghouse shall consist
of at least a computerized database |
| | | HB5935 Enrolled | - 46 - | LRB098 17728 KTG 54974 b |
|
| 1 | | for the storage and retrieval of
information and a separate or | 2 | | shared toll free telephone number for use by
those seeking | 3 | | information from the Clearinghouse. Department offices and
| 4 | | personnel throughout the State shall also assist in the | 5 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 6 | | with local, State and federal
housing managers shall be sought | 7 | | and extended in order to frequently and
promptly update the | 8 | | Clearinghouse's information.
| 9 | | (m) To assure that the names and case records of persons | 10 | | who received or
are
receiving services from the Department, | 11 | | including persons receiving vocational
rehabilitation, home | 12 | | services, or other services, and those attending one of
the | 13 | | Department's schools or other supervised facility shall be | 14 | | confidential and
not be open to the general public. Those case | 15 | | records and reports or the
information contained in those | 16 | | records and reports shall be disclosed by the
Director only to | 17 | | proper law enforcement officials, individuals authorized by a
| 18 | | court, the General Assembly or any committee or commission of | 19 | | the General
Assembly, and other persons and for reasons as the | 20 | | Director designates by rule.
Disclosure by the Director may be | 21 | | only in accordance with other applicable
law.
| 22 | | (Source: P.A. 97-1019, eff. 8-17-12.)
| 23 | | (Text of Section from P.A. 97-1158)
| 24 | | Sec. 3. Powers and duties. The Department shall have the | 25 | | powers and
duties enumerated
herein:
|
| | | HB5935 Enrolled | - 47 - | LRB098 17728 KTG 54974 b |
|
| 1 | | (a) To co-operate with the federal government in the | 2 | | administration
of the provisions of the federal Rehabilitation | 3 | | Act of 1973, as amended,
of the Workforce Investment Act of | 4 | | 1998,
and of the federal Social Security Act to the extent and | 5 | | in the manner
provided in these Acts.
| 6 | | (b) To prescribe and supervise such courses of vocational | 7 | | training
and provide such other services as may be necessary | 8 | | for the habilitation
and rehabilitation of persons with one or | 9 | | more disabilities, including the
administrative activities | 10 | | under subsection (e) of this Section, and to
co-operate with | 11 | | State and local school authorities and other recognized
| 12 | | agencies engaged in habilitation, rehabilitation and | 13 | | comprehensive
rehabilitation services; and to cooperate with | 14 | | the Department of Children
and Family Services regarding the | 15 | | care and education of children with one
or more disabilities.
| 16 | | (c) (Blank).
| 17 | | (d) To report in writing, to the Governor, annually on or | 18 | | before the
first day of December, and at such other times and | 19 | | in such manner and
upon such subjects as the Governor may | 20 | | require. The annual report shall
contain (1) a statement of the | 21 | | existing condition of comprehensive
rehabilitation services, | 22 | | habilitation and rehabilitation in the State;
(2) a statement | 23 | | of suggestions and recommendations with reference to the
| 24 | | development of comprehensive rehabilitation services, | 25 | | habilitation and
rehabilitation in the State; and (3) an | 26 | | itemized statement of the
amounts of money received from |
| | | HB5935 Enrolled | - 48 - | LRB098 17728 KTG 54974 b |
|
| 1 | | federal, State and other sources, and of
the objects and | 2 | | purposes to which the respective items of these several
amounts | 3 | | have been devoted.
| 4 | | (e) (Blank).
| 5 | | (f) To establish a program of services to prevent | 6 | | unnecessary
institutionalization of persons with Alzheimer's | 7 | | disease and related
disorders or persons in need of long term | 8 | | care who are established as blind
or disabled as defined by the | 9 | | Social Security Act, thereby enabling them to
remain in their | 10 | | own homes or other living arrangements. Such preventive
| 11 | | services may include, but are not limited to, any or all of the | 12 | | following:
| 13 | | (1) home health services;
| 14 | | (2) home nursing services;
| 15 | | (3) homemaker services;
| 16 | | (4) chore and housekeeping services;
| 17 | | (5) day care services;
| 18 | | (6) home-delivered meals;
| 19 | | (7) education in self-care;
| 20 | | (8) personal care services;
| 21 | | (9) adult day health services;
| 22 | | (10) habilitation services;
| 23 | | (11) respite care; or
| 24 | | (12) other nonmedical social services that may enable | 25 | | the person to
become self-supporting.
| 26 | | The Department shall establish eligibility
standards for |
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|
| 1 | | such services taking into consideration the unique
economic and | 2 | | social needs of the population for whom they are to
be | 3 | | provided. Such eligibility standards may be based on the | 4 | | recipient's
ability to pay for services; provided, however, | 5 | | that any portion of a
person's income that is equal to or less | 6 | | than the "protected income" level
shall not be considered by | 7 | | the Department in determining eligibility. The
"protected | 8 | | income" level shall be determined by the Department, shall | 9 | | never be
less than the federal poverty standard, and shall be | 10 | | adjusted each year to
reflect changes in the Consumer Price | 11 | | Index For All Urban Consumers as
determined by the United | 12 | | States Department of Labor. The standards must
provide that a | 13 | | person may have not more than $10,000 in assets to be eligible | 14 | | for the services, and the Department may increase the asset | 15 | | limitation by rule. Additionally, in
determining the amount and | 16 | | nature of services for which a person may qualify,
| 17 | | consideration shall not be given to the value of cash, property | 18 | | or other assets
held in the name of the person's spouse | 19 | | pursuant to a written agreement
dividing marital property into | 20 | | equal but separate shares or pursuant to a
transfer of the | 21 | | person's interest in a home to his spouse, provided that the
| 22 | | spouse's share of the marital property is not made available to | 23 | | the person
seeking such services.
| 24 | | The services shall be provided to eligible persons
to | 25 | | prevent unnecessary or premature institutionalization, to
the | 26 | | extent that the cost of the services, together with the
other |
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|
| 1 | | personal maintenance expenses of the persons, are reasonably
| 2 | | related to the standards established for care in a group | 3 | | facility
appropriate to their condition. These | 4 | | non-institutional
services, pilot projects or experimental | 5 | | facilities may be provided as part of
or in addition to those | 6 | | authorized by federal law or those funded and
administered by | 7 | | the Illinois Department on Aging.
| 8 | | Personal care attendants shall be paid:
| 9 | | (i) A $5 per hour minimum rate beginning July 1, 1995.
| 10 | | (ii) A $5.30 per hour minimum rate beginning July 1, | 11 | | 1997.
| 12 | | (iii) A $5.40 per hour minimum rate beginning July 1, | 13 | | 1998.
| 14 | | Solely for the purposes of coverage under the Illinois | 15 | | Public Labor
Relations
Act
(5 ILCS 315/), personal care | 16 | | attendants and personal assistants providing
services under
| 17 | | the Department's Home Services Program shall be considered to | 18 | | be public
employees,
and the State of Illinois shall be | 19 | | considered to be their employer as of the
effective date of
| 20 | | this amendatory Act of the 93rd General Assembly, but not | 21 | | before. Solely for the purposes of coverage under the Illinois | 22 | | Public Labor
Relations
Act, home care and home health workers | 23 | | who function as personal care attendants, personal assistants, | 24 | | and individual maintenance home health workers and who also | 25 | | provide services under the Department's Home Services Program | 26 | | shall be considered to be public
employees, no matter whether |
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|
| 1 | | the State provides such services through direct | 2 | | fee-for-service arrangements, with the assistance of a managed | 3 | | care organization or other intermediary, or otherwise,
and the | 4 | | State of Illinois shall be considered to be the employer of | 5 | | those persons as of the
effective date of
this amendatory Act | 6 | | of the 97th General Assembly, but not before except as | 7 | | otherwise provided under this subsection (f). The State
shall
| 8 | | engage in collective bargaining with an exclusive | 9 | | representative of home care and home health workers who | 10 | | function as personal
care
attendants, personal assistants, and | 11 | | individual maintenance home health workers working under the | 12 | | Home Services Program
concerning
their terms and conditions of | 13 | | employment that are within the State's control.
Nothing in
this | 14 | | paragraph shall be understood to limit the right of the persons | 15 | | receiving
services
defined in this Section to hire and fire | 16 | | home care and home health workers who function as personal care | 17 | | attendants,
personal assistants, and individual maintenance | 18 | | home health workers working under the Home Services Program
or | 19 | | to supervise them within the limitations set by the Home | 20 | | Services Program. The
State
shall not be considered to be the | 21 | | employer of home care and home health workers who function as | 22 | | personal care attendants,
personal
assistants, and individual | 23 | | maintenance home health workers working under the Home Services | 24 | | Program for any purposes not specifically provided in Public | 25 | | Act 93-204 or this amendatory Act of the 97th General Assembly, | 26 | | including but not limited to, purposes of vicarious liability
|
| | | HB5935 Enrolled | - 52 - | LRB098 17728 KTG 54974 b |
|
| 1 | | in tort and
purposes of statutory retirement or health | 2 | | insurance benefits. Home care and home health workers who | 3 | | function as personal care
attendants,
personal assistants, and | 4 | | individual maintenance home health workers and who also provide | 5 | | services under the Department's Home Services Program shall not | 6 | | be covered by the State Employees Group
Insurance Act
of 1971 | 7 | | (5 ILCS 375/).
| 8 | | The Department shall execute, relative to the nursing home | 9 | | prescreening
project, as authorized by Section 4.03 of the | 10 | | Illinois Act on the Aging,
written inter-agency agreements with | 11 | | the Department on Aging and
the Department of Public Aid (now | 12 | | Department of Healthcare and Family Services), to effect the | 13 | | following: (i) intake procedures
and common eligibility | 14 | | criteria for those persons who are receiving
non-institutional | 15 | | services; and (ii) the establishment and development of
| 16 | | non-institutional services in areas of the State where they are | 17 | | not
currently available or are undeveloped. On and after July | 18 | | 1, 1996, all nursing
home prescreenings for individuals 18 | 19 | | through 59 years of age shall be
conducted by the Department.
| 20 | | The Department is authorized to establish a system of | 21 | | recipient cost-sharing
for services provided under this | 22 | | Section. The cost-sharing shall be based upon
the recipient's | 23 | | ability to pay for services, but in no case shall the
| 24 | | recipient's share exceed the actual cost of the services | 25 | | provided. Protected
income shall not be considered by the | 26 | | Department in its determination of the
recipient's ability to |
| | | HB5935 Enrolled | - 53 - | LRB098 17728 KTG 54974 b |
|
| 1 | | pay a share of the cost of services. The level of
cost-sharing | 2 | | shall be adjusted each year to reflect changes in the | 3 | | "protected
income" level. The Department shall deduct from the | 4 | | recipient's share of the
cost of services any money expended by | 5 | | the recipient for disability-related
expenses.
| 6 | | The Department, or the Department's authorized | 7 | | representative, shall recover
the amount of moneys expended for | 8 | | services provided to or in behalf of a person
under this | 9 | | Section by a claim against the person's estate or against the | 10 | | estate
of the person's surviving spouse, but no recovery may be | 11 | | had until after the
death of the surviving spouse, if any, and | 12 | | then only at such time when there is
no surviving child who is | 13 | | under age 21, blind, or permanently and totally
disabled. This | 14 | | paragraph, however, shall not bar recovery, at the death of the
| 15 | | person, of moneys for services provided to the person or in | 16 | | behalf of the
person under this Section to which the person was | 17 | | not entitled; provided that
such recovery shall not be enforced | 18 | | against any real estate while
it is occupied as a homestead by | 19 | | the surviving spouse or other dependent, if no
claims by other | 20 | | creditors have been filed against the estate, or, if such
| 21 | | claims have been filed, they remain dormant for failure of | 22 | | prosecution or
failure of the claimant to compel administration | 23 | | of the estate for the purpose
of payment. This paragraph shall | 24 | | not bar recovery from the estate of a spouse,
under Sections | 25 | | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 26 | | Illinois Public Aid Code, who precedes a person receiving |
| | | HB5935 Enrolled | - 54 - | LRB098 17728 KTG 54974 b |
|
| 1 | | services under this
Section in death. All moneys for services
| 2 | | paid to or in behalf of the person under this Section shall be | 3 | | claimed for
recovery from the deceased spouse's estate. | 4 | | "Homestead", as used in this
paragraph, means the dwelling | 5 | | house and
contiguous real estate occupied by a surviving spouse | 6 | | or relative, as defined
by the rules and regulations of the | 7 | | Department of Healthcare and Family Services,
regardless of the | 8 | | value of the property.
| 9 | | The Department and the Department on Aging shall cooperate
| 10 | | in the development and submission of an annual report on | 11 | | programs and
services provided under this Section. Such joint | 12 | | report shall be filed
with the Governor and the General | 13 | | Assembly on or before March
30
each year.
| 14 | | The requirement for reporting to the General Assembly shall | 15 | | be satisfied
by filing copies of the report with the Speaker, | 16 | | the Minority Leader and
the Clerk of the House of | 17 | | Representatives and the President, the Minority
Leader and the | 18 | | Secretary of the Senate and the Legislative Research Unit,
as | 19 | | required by Section 3.1 of the General Assembly Organization | 20 | | Act, and filing
additional copies with the State
Government | 21 | | Report Distribution Center for the General Assembly as
required | 22 | | under paragraph (t) of Section 7 of the State Library Act.
| 23 | | (g) To establish such subdivisions of the Department
as | 24 | | shall be desirable and assign to the various subdivisions the
| 25 | | responsibilities and duties placed upon the Department by law.
| 26 | | (h) To cooperate and enter into any necessary agreements |
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| 1 | | with the
Department of Employment Security for the provision of | 2 | | job placement and
job referral services to clients of the | 3 | | Department, including job
service registration of such clients | 4 | | with Illinois Employment Security
offices and making job | 5 | | listings maintained by the Department of Employment
Security | 6 | | available to such clients.
| 7 | | (i) To possess all powers reasonable and necessary for
the | 8 | | exercise and administration of the powers, duties and
| 9 | | responsibilities of the Department which are provided for by | 10 | | law.
| 11 | | (j) To establish a procedure whereby new providers of
| 12 | | personal care attendant services shall submit vouchers to the | 13 | | State for
payment two times during their first month of | 14 | | employment and one time per
month thereafter. In no case shall | 15 | | the Department pay personal care
attendants an hourly wage that | 16 | | is less than the federal minimum wage.
| 17 | | (k) To provide adequate notice to providers of chore and | 18 | | housekeeping
services informing them that they are entitled to | 19 | | an interest payment on
bills which are not promptly paid | 20 | | pursuant to Section 3 of the State Prompt
Payment Act.
| 21 | | (l) To establish, operate and maintain a Statewide Housing | 22 | | Clearinghouse
of information on available, government | 23 | | subsidized housing accessible to
disabled persons and | 24 | | available privately owned housing accessible to
disabled | 25 | | persons. The information shall include but not be limited to | 26 | | the
location, rental requirements, access features and |
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| 1 | | proximity to public
transportation of available housing. The | 2 | | Clearinghouse shall consist
of at least a computerized database | 3 | | for the storage and retrieval of
information and a separate or | 4 | | shared toll free telephone number for use by
those seeking | 5 | | information from the Clearinghouse. Department offices and
| 6 | | personnel throughout the State shall also assist in the | 7 | | operation of the
Statewide Housing Clearinghouse. Cooperation | 8 | | with local, State and federal
housing managers shall be sought | 9 | | and extended in order to frequently and
promptly update the | 10 | | Clearinghouse's information.
| 11 | | (m) To assure that the names and case records of persons | 12 | | who received or
are
receiving services from the Department, | 13 | | including persons receiving vocational
rehabilitation, home | 14 | | services, or other services, and those attending one of
the | 15 | | Department's schools or other supervised facility shall be | 16 | | confidential and
not be open to the general public. Those case | 17 | | records and reports or the
information contained in those | 18 | | records and reports shall be disclosed by the
Director only to | 19 | | proper law enforcement officials, individuals authorized by a
| 20 | | court, the General Assembly or any committee or commission of | 21 | | the General
Assembly, and other persons and for reasons as the | 22 | | Director designates by rule.
Disclosure by the Director may be | 23 | | only in accordance with other applicable
law.
| 24 | | (Source: P.A. 97-1158, eff. 1-29-13.)
| 25 | | (20 ILCS 2405/5b new) |
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| 1 | | Sec. 5b. Home Services Medicaid Trust Fund. | 2 | | (a) The Home Services Medicaid Trust Fund is hereby created | 3 | | as a special fund in the State treasury. | 4 | | (b) Amounts paid to the State during each State fiscal year | 5 | | by the federal government under Title XIX or Title XXI of the | 6 | | Social Security Act for services delivered in relation to the | 7 | | Department's Home Services Program established pursuant to | 8 | | Section 3 of the Disabled Persons Rehabilitation Act, and any | 9 | | interest earned thereon, shall be deposited into the Fund. | 10 | | (c) Moneys in the Fund may be used by the Department for | 11 | | the purchase of services, and operational and administrative | 12 | | expenses, in relation to the Home Services Program.
| 13 | | (20 ILCS 1705/18.7 rep.) | 14 | | Section 15. The Mental Health and Developmental | 15 | | Disabilities Administrative Act is amended by repealing | 16 | | Section 18.7. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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