Illinois General Assembly - Full Text of SB0135
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Full Text of SB0135  96th General Assembly



SB0135 Engrossed LRB096 02937 DRJ 12951 b

1     AN ACT concerning public aid.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Public Aid Code is amended by
5 adding Section 5-2.08 as follows:
6     (305 ILCS 5/5-2.08 new)
7     Sec. 5-2.08. Spousal caregiver demonstration.
8     (a) The Department of Human Services, in consultation with
9 the Department of Healthcare and Family Services, shall develop
10 a demonstration project within the Home Services Program under
11 which a spouse may be reimbursed for providing care to his or
12 her spouse, who is eligible for services through the Home
13 Services Program and who meets the criteria for this
14 demonstration project. The demonstration project shall operate
15 in selected counties and be limited to serving no more than 100
16 unduplicated persons in a State fiscal year.
17     The components of the demonstration project shall include
18 the following:
19         (1) Authorization for a spouse to be reimbursed for
20     care provided to his or her otherwise eligible spouse
21     through the Home Services Program.
22         (2) The development of specific criteria for the
23     provision of services under the demonstration project.



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1     Criteria applicable to a spousal caregiver shall include,
2     but need not be limited to, (i) a limitation on the total
3     hours of a spousal caregiver's outside employment plus
4     hours of providing care to his or her eligible spouse to
5     ensure that the complete plan of care is delivered to the
6     eligible spouse and (ii) limitations on a spousal
7     caregiver's participation in the demonstration project if
8     the caregiver has a known history of spousal abuse,
9     neglect, or exploitation.
10         (3) The determination of the personal care or similar
11     services for which payment may be made. Spousal caregivers
12     shall be paid at the Personal Assistant level of care and
13     pay rate. In those instances in which the eligible spouse
14     requires specialized services (for example, services
15     provided by a certified nursing assistant (CNA), licensed
16     practical nurse (LPN), or registered nurse (RN)) and the
17     spousal caregiver has the corresponding certification or
18     licensure, the spousal caregiver shall be paid the higher
19     rate for the specialized services only. The specialized
20     services the eligible spouse is authorized to receive shall
21     be defined and approved in the services plan.
22         (4) The method for determining that the amount of
23     personal care or similar services provided by the spouse is
24     "extraordinary care" that exceeds the ordinary care that
25     would be provided to a spouse without a disability.
26         (5) Limitations on the number of hours of personal



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1     services that will be reimbursed.
2         (6) Utilization of the Determination of Need
3     evaluation and other comprehensive assessment tools as
4     criteria for determining eligibility and developing
5     service plans under the demonstration project.
6         (7) Determination of how or whether the provision of
7     personal care by the spouse is in the best interest of his
8     or her spouse, who is an eligible participant in the
9     demonstration project.
10         (8) Use of procedures that ensure that payments are
11     made for services rendered.
12         (9) Assurances that all other criteria of the
13     demonstration project are met.
14         (10) Measurement of participant experiences.
15         (11) Monthly in-home monitoring of the health and
16     safety of the eligible spouse.
17         (12) Documentation of the marital relationship for
18     participation in the demonstration project.
19         (13) Assurances that the eligible spouse is capable of
20     communicating his or her needs.
21         (14) Enrollment of an alternative care provider to
22     ensure that there is no disruption of care to the eligible
23     spouse.
24         (15) Assurances that the spousal caregiver is
25     emotionally, physically, and cognitively able to provide
26     the necessary care to the eligible spouse.



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1     (b) By July 1, 2009, the Department of Human Services, in
2 consultation with the Department of Healthcare and Family
3 Services, shall begin development of the demonstration
4 project. The Department of Human Services shall provide an
5 interim report on or before March 1, 2010 to the Governor and
6 the General Assembly that includes the progress on the
7 development of the demonstration project and implementation
8 timelines of the demonstration project and the criteria for the
9 demonstration project.
10     (c) The Department of Human Services shall report findings
11 and recommendations by March 1, 2011 to the Governor and the
12 General Assembly. The report shall include an explanation of
13 the manner in which each demonstration project component listed
14 in paragraphs (1) through (10) of subsection (a) is addressed.
15 In addition, the report shall include (i) the estimated number
16 of clients statewide who could utilize services and (ii) an
17 analysis of the fiscal impact per client on the Department's
18 new and existing costs under the Home Services Program.
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.