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305 ILCS 5/5-2.08

    (305 ILCS 5/5-2.08)
    Sec. 5-2.08. Spousal caregiver demonstration.
    (a) The Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop a demonstration project within the Home Services Program under which a spouse may be reimbursed for providing care to his or her spouse, who is eligible for services through the Home Services Program and who meets the criteria for this demonstration project. The demonstration project shall operate in selected counties and be limited to serving no more than 100 unduplicated persons in a State fiscal year.
    The components of the demonstration project shall include the following:
        (1) Authorization for a spouse to be reimbursed for
care provided to his or her otherwise eligible spouse through the Home Services Program.
        (2) The development of specific criteria for the
provision of services under the demonstration project. Criteria applicable to a spousal caregiver shall include, but need not be limited to, (i) a limitation on the total hours of a spousal caregiver's outside employment plus hours of providing care to his or her eligible spouse to ensure that the complete plan of care is delivered to the eligible spouse and (ii) limitations on a spousal caregiver's participation in the demonstration project if the caregiver has a known history of spousal abuse, neglect, or exploitation.
        (3) The determination of the personal care or similar
services for which payment may be made. Spousal caregivers shall be paid at the Personal Assistant level of care and pay rate. In those instances in which the eligible spouse requires specialized services (for example, services provided by a certified nursing assistant (CNA), licensed practical nurse (LPN), or registered nurse (RN)) and the spousal caregiver has the corresponding certification or licensure, the spousal caregiver shall be paid the higher rate for the specialized services only. The specialized services the eligible spouse is authorized to receive shall be defined and approved in the services plan.
        (4) The method for determining that the amount of
personal care or similar services provided by the spouse is "extraordinary care" that exceeds the ordinary care that would be provided to a spouse without a disability.
        (5) Limitations on the number of hours of personal
services that will be reimbursed.
        (6) Utilization of the Determination of Need
evaluation and other comprehensive assessment tools as criteria for determining eligibility and developing service plans under the demonstration project.
        (7) Determination of how or whether the provision of
personal care by the spouse is in the best interest of his or her spouse, who is an eligible participant in the demonstration project.
        (8) Use of procedures that ensure that payments are
made for services rendered.
        (9) Assurances that all other criteria of the
demonstration project are met.
        (10) Measurement of participant experiences.
        (11) Monthly in-home monitoring of the health and
safety of the eligible spouse.
        (12) Documentation of the marital relationship for
participation in the demonstration project.
        (13) Assurances that the eligible spouse is capable
of communicating his or her needs.
        (14) Enrollment of an alternative care provider to
ensure that there is no disruption of care to the eligible spouse.
        (15) Assurances that the spousal caregiver is
emotionally, physically, and cognitively able to provide the necessary care to the eligible spouse.
    (b) By July 1, 2009, the Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall begin development of the demonstration project. The Department of Human Services shall provide an interim report on or before March 1, 2010 to the Governor and the General Assembly that includes the progress on the development of the demonstration project and implementation timelines of the demonstration project and the criteria for the demonstration project.
    (c) The Department of Human Services shall report findings and recommendations by March 1, 2011 to the Governor and the General Assembly. The report shall include an explanation of the manner in which each demonstration project component listed in paragraphs (1) through (10) of subsection (a) is addressed. In addition, the report shall include (i) the estimated number of clients statewide who could utilize services and (ii) an analysis of the fiscal impact per client on the Department's new and existing costs under the Home Services Program.
(Source: P.A. 96-351, eff. 8-13-09.)