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90_HB1320
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging. Provides that the
Department on Aging may provide recipients of
non-institutional services with personal care attendants when
certain conditions are met. Provides that the Department
shall pay personal care attendants an hourly wage that is the
greater of the federal minimum wage or the wage paid to
personal care attendants by the Department of Human Services.
LRB9003723MWpc
LRB9003723MWpc
1 AN ACT to amend the Illinois Act on the Aging by changing
2 Section 4.02.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 4.02 as follows:
7 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4.02. The Department shall establish a program of
10 services to prevent unnecessary institutionalization of
11 persons age 60 and older in need of long term care or who are
12 established as persons who suffer from Alzheimer's disease or
13 a related disorder under the Alzheimer's Disease Assistance
14 Act, enacted by the 84th General Assembly, thereby enabling
15 them to remain in their own homes or in other living
16 arrangements. Such preventive services, which may be
17 coordinated with other programs for the aged and monitored by
18 area agencies on aging in cooperation with the Department,
19 may include, but are not limited to, any or all of the
20 following:
21 (a) home health services;
22 (b) home nursing services;
23 (c) homemaker services;
24 (d) chore and housekeeping services;
25 (e) day care services;
26 (f) home-delivered meals;
27 (g) education in self-care;
28 (h) personal care services;
29 (i) adult day health services;
30 (j) habilitation services;
31 (k) respite care; or
-2- LRB9003723MWpc
1 (l) other nonmedical social services that may enable the
2 person to become self-supporting.
3 The Department shall establish eligibility standards for
4 such services taking into consideration the unique economic
5 and social needs of the target population for whom they are
6 to be provided. Such eligibility standards shall be based on
7 the recipient's ability to pay for services; provided,
8 however, that in determining the amount and nature of
9 services for which a person may qualify, consideration shall
10 not be given to the value of cash, property or other assets
11 held in the name of the person's spouse pursuant to a written
12 agreement dividing marital property into equal but separate
13 shares or pursuant to a transfer of the person's interest in
14 a home to his spouse, provided that the spouse's share of the
15 marital property is not made available to the person seeking
16 such services. The Department shall, in conjunction with the
17 Department of Public Aid, seek appropriate amendments under
18 Sections 1915 and 1924 of the Social Security Act. The
19 purpose of the amendments shall be to extend eligibility for
20 home and community based services under Sections 1915 and
21 1924 of the Social Security Act to persons who transfer to or
22 for the benefit of a spouse those amounts of income and
23 resources allowed under Section 1924 of the Social Security
24 Act. Subject to the approval of such amendments, the
25 Department shall extend the provisions of Section 5-4 of the
26 Illinois Public Aid Code to persons who, but for the
27 provision of home or community-based services, would require
28 the level of care provided in an institution, as is provided
29 for in federal law. Those persons no longer found to be
30 eligible for receiving noninstitutional services due to
31 changes in the eligibility criteria shall be given 60 days
32 notice prior to actual termination. Those persons receiving
33 notice of termination may contact the Department and request
34 the determination be appealed at any time during the 60 day
-3- LRB9003723MWpc
1 notice period. With the exception of the lengthened notice
2 and time frame for the appeal request, the appeal process
3 shall follow the normal procedure. In addition, each person
4 affected regardless of the circumstances for discontinued
5 eligibility shall be given notice and the opportunity to
6 purchase the necessary services through the Community Care
7 Program. If the individual does not elect to purchase
8 services, the Department shall advise the individual of
9 alternative services. The target population identified for
10 the purposes of this Section are persons age 60 and older
11 with an identified service need. Priority shall be given to
12 those who are at imminent risk of institutionalization. The
13 services shall be provided to eligible persons age 60 and
14 older to the extent that the cost of the services together
15 with the other personal maintenance expenses of the persons
16 are reasonably related to the standards established for care
17 in a group facility appropriate to the person's condition.
18 These non-institutional services, pilot projects or
19 experimental facilities may be provided as part of or in
20 addition to those authorized by federal law or those funded
21 and administered by the Department of Rehabilitation
22 Services. The Departments of Rehabilitation Services, Public
23 Aid, Mental Health and Developmental Disabilities, Public
24 Health, Veterans' Affairs, and Commerce and Community Affairs
25 and other appropriate agencies of State, federal and local
26 governments shall cooperate with the Department on Aging in
27 the establishment and development of the non-institutional
28 services. The Department shall require an annual audit from
29 all chore/housekeeping and homemaker vendors contracting with
30 the Department under this Section. The annual audit shall
31 assure that each audited vendor's procedures are in
32 compliance with Department's financial reporting guidelines
33 requiring a 27% administrative cost split and a 73% employee
34 wages and benefits cost split. The audit is a public record
-4- LRB9003723MWpc
1 under the Freedom of Information Act. The Department shall
2 execute, relative to the nursing home prescreening project,
3 written inter-agency agreements with the Department of
4 Rehabilitation Services and the Department of Public Aid, to
5 effect the following: (1) intake procedures and common
6 eligibility criteria for those persons who are receiving
7 non-institutional services; and (2) the establishment and
8 development of non-institutional services in areas of the
9 State where they are not currently available or are
10 undeveloped. On and after July 1, 1996, all nursing home
11 prescreenings for individuals 60 years of age or older shall
12 be conducted by the Department.
13 The Department is authorized to establish a system of
14 recipient copayment for services provided under this Section,
15 such copayment to be based upon the recipient's ability to
16 pay but in no case to exceed the actual cost of the services
17 provided. Additionally, any portion of a person's income
18 which is equal to or less than the federal poverty standard
19 shall not be considered by the Department in determining the
20 copayment. The level of such copayment shall be adjusted
21 whenever necessary to reflect any change in the officially
22 designated federal poverty standard.
23 The Department, or the Department's authorized
24 representative, shall recover the amount of moneys expended
25 for services provided to or in behalf of a person under this
26 Section by a claim against the person's estate or against the
27 estate of the person's surviving spouse, but no recovery may
28 be had until after the death of the surviving spouse, if any,
29 and then only at such time when there is no surviving child
30 who is under age 21, blind, or permanently and totally
31 disabled. This paragraph, however, shall not bar recovery,
32 at the death of the person, of moneys for services provided
33 to the person or in behalf of the person under this Section
34 to which the person was not entitled; provided that such
-5- LRB9003723MWpc
1 recovery shall not be enforced against any real estate while
2 it is occupied as a homestead by the surviving spouse or
3 other dependent, if no claims by other creditors have been
4 filed against the estate, or, if such claims have been filed,
5 they remain dormant for failure of prosecution or failure of
6 the claimant to compel administration of the estate for the
7 purpose of payment. This paragraph shall not bar recovery
8 from the estate of a spouse, under Sections 1915 and 1924 of
9 the Social Security Act and Section 5-4 of the Illinois
10 Public Aid Code, who precedes a person receiving services
11 under this Section in death. All moneys for services paid to
12 or in behalf of the person under this Section shall be
13 claimed for recovery from the deceased spouse's estate.
14 "Homestead", as used in this paragraph, means the dwelling
15 house and contiguous real estate occupied by a surviving
16 spouse or relative, as defined by the rules and regulations
17 of the Illinois Department of Public Aid, regardless of the
18 value of the property.
19 The Department shall develop procedures to enhance
20 availability of services on evenings, weekends, and on an
21 emergency basis to meet the respite needs of caregivers.
22 Procedures shall be developed to permit the utilization of
23 services in successive blocks of 24 hours up to the monthly
24 maximum established by the Department. Workers providing
25 these services shall be appropriately trained.
26 The Department shall work in conjunction with the
27 Alzheimer's Task Force and members of the Alzheimer's
28 Association and other senior citizens' organizations in
29 developing these procedures by December 30, 1991.
30 Beginning on the effective date of this Amendatory Act of
31 1991, no person may perform chore/housekeeping and homemaker
32 services under a program authorized by this Section unless
33 that person has been issued a certificate of pre-service to
34 do so by his or her employing agency. Information gathered
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1 to effect such certification shall include (i) the person's
2 name, (ii) the date the person was hired by his or her
3 current employer, and (iii) the training, including dates and
4 levels. Persons engaged in the program authorized by this
5 Section before the effective date of this Amendatory Act of
6 1991 shall be issued a certificate of all pre- and in-service
7 training from his or her employer upon submitting the
8 necessary information. The employing agency shall be
9 required to retain records of all staff pre- and in-service
10 training, and shall provide such records to the Department
11 upon request and upon termination of the employer's contract
12 with the Department. In addition, the employing agency is
13 responsible for the issuance of certifications of in-service
14 training completed to their employees.
15 The Department is required to develop a system to ensure
16 that persons working as homemakers and chore housekeepers
17 receive increases in their wages when the federal minimum
18 wage is increased by requiring vendors to certify that they
19 are meeting the federal minimum wage statute for homemakers
20 and chore housekeepers. An employer that cannot ensure that
21 the minimum wage increase is being given to homemakers and
22 chore housekeepers shall be denied any increase in
23 reimbursement costs.
24 The Department on Aging and the Department of
25 Rehabilitation Services shall cooperate in the development
26 and submission of an annual report on programs and services
27 provided under this Section. Such joint report shall be filed
28 with the Governor and the General Assembly on or before
29 September 30 each year.
30 The requirement for reporting to the General Assembly
31 shall be satisfied by filing copies of the report with the
32 Speaker, the Minority Leader and the Clerk of the House of
33 Representatives and the President, the Minority Leader and
34 the Secretary of the Senate and the Legislative Research
-7- LRB9003723MWpc
1 Unit, as required by Section 3.1 of the General Assembly
2 Organization Act and filing such additional copies with the
3 State Government Report Distribution Center for the General
4 Assembly as is required under paragraph (t) of Section 7 of
5 the State Library Act.
6 Those persons previously found eligible for receiving
7 non-institutional services whose services were discontinued
8 under the Emergency Budget Act of Fiscal Year 1992, and who
9 do not meet the eligibility standards in effect on or after
10 July 1, 1992, shall remain ineligible on and after July 1,
11 1992. Those persons previously not required to cost-share
12 and who were required to cost-share effective March 1, 1992,
13 shall continue to meet cost-share requirements on and after
14 July 1, 1992. Beginning July 1, 1992, all clients will be
15 required to meet eligibility, cost-share, and other
16 requirements and will have services discontinued or altered
17 when they fail to meet these requirements.
18 (Source: P.A. 89-21, eff. 7-1-95.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 4.02. Unnecessary institutionalization; services;
21 annual report. The Department shall establish a program of
22 services to prevent unnecessary institutionalization of
23 persons age 60 and older in need of long term care or who are
24 established as persons who suffer from Alzheimer's disease or
25 a related disorder under the Alzheimer's Disease Assistance
26 Act, thereby enabling them to remain in their own homes or in
27 other living arrangements. Such preventive services, which
28 may be coordinated with other programs for the aged and
29 monitored by area agencies on aging in cooperation with the
30 Department, may include, but are not limited to, any or all
31 of the following:
32 (a) home health services;
33 (b) home nursing services;
34 (c) homemaker services;
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1 (d) chore and housekeeping services;
2 (e) day care services;
3 (f) home-delivered meals;
4 (g) education in self-care;
5 (h) personal care services;
6 (i) adult day health services;
7 (j) habilitation services;
8 (k) respite care; or
9 (l) other nonmedical social services that may enable the
10 person to become self-supporting.
11 The Department shall establish eligibility standards for
12 such services taking into consideration the unique economic
13 and social needs of the target population for whom they are
14 to be provided. Such eligibility standards shall be based on
15 the recipient's ability to pay for services; provided,
16 however, that in determining the amount and nature of
17 services for which a person may qualify, consideration shall
18 not be given to the value of cash, property or other assets
19 held in the name of the person's spouse pursuant to a written
20 agreement dividing marital property into equal but separate
21 shares or pursuant to a transfer of the person's interest in
22 a home to his spouse, provided that the spouse's share of the
23 marital property is not made available to the person seeking
24 such services. The Department shall, in conjunction with the
25 Department of Public Aid, seek appropriate amendments under
26 Sections 1915 and 1924 of the Social Security Act. The
27 purpose of the amendments shall be to extend eligibility for
28 home and community based services under Sections 1915 and
29 1924 of the Social Security Act to persons who transfer to or
30 for the benefit of a spouse those amounts of income and
31 resources allowed under Section 1924 of the Social Security
32 Act. Subject to the approval of such amendments, the
33 Department shall extend the provisions of Section 5-4 of the
34 Illinois Public Aid Code to persons who, but for the
-9- LRB9003723MWpc
1 provision of home or community-based services, would require
2 the level of care provided in an institution, as is provided
3 for in federal law. Those persons no longer found to be
4 eligible for receiving noninstitutional services due to
5 changes in the eligibility criteria shall be given 60 days
6 notice prior to actual termination. Those persons receiving
7 notice of termination may contact the Department and request
8 the determination be appealed at any time during the 60 day
9 notice period. With the exception of the lengthened notice
10 and time frame for the appeal request, the appeal process
11 shall follow the normal procedure. In addition, each person
12 affected regardless of the circumstances for discontinued
13 eligibility shall be given notice and the opportunity to
14 purchase the necessary services through the Community Care
15 Program. If the individual does not elect to purchase
16 services, the Department shall advise the individual of
17 alternative services. The target population identified for
18 the purposes of this Section are persons age 60 and older
19 with an identified service need. Priority shall be given to
20 those who are at imminent risk of institutionalization. The
21 services shall be provided to eligible persons age 60 and
22 older to the extent that the cost of the services together
23 with the other personal maintenance expenses of the persons
24 are reasonably related to the standards established for care
25 in a group facility appropriate to the person's condition.
26 These non-institutional services, pilot projects or
27 experimental facilities may be provided as part of or in
28 addition to those authorized by federal law or those funded
29 and administered by the Department of Human Services. The
30 Departments of Human Services, Public Aid, Public Health,
31 Veterans' Affairs, and Commerce and Community Affairs and
32 other appropriate agencies of State, federal and local
33 governments shall cooperate with the Department on Aging in
34 the establishment and development of the non-institutional
-10- LRB9003723MWpc
1 services. Beginning on the effective date of this amendatory
2 Act of 1997, when preferred by the recipient of the services,
3 non-institutional services may include a personal care
4 attendant chosen by the recipient. A personal care attendant
5 is permitted only when, and so long as, the coordinator
6 assigned to the case determines that the services provided by
7 the attendant are appropriate; the attendant chosen is
8 appropriate; the recipient of the services is able to make a
9 rational choice of an attendant; and the recipient is able to
10 direct and supervise the attendant. The Department shall
11 establish a system of vouchers for the payment of new
12 providers of personal care attendant services by the State.
13 The vouchers shall be submitted twice during the first month
14 of employment and once during each month of employment
15 thereafter. The Department shall pay personal care
16 attendants an hourly wage that is the greater of the federal
17 minimum wage or the wage paid to personal care attendants by
18 the Department of Human Services. The Department shall
19 require an annual audit from all chore/housekeeping and
20 homemaker vendors contracting with the Department under this
21 Section. The annual audit shall assure that each audited
22 vendor's procedures are in compliance with Department's
23 financial reporting guidelines requiring a 27% administrative
24 cost split and a 73% employee wages and benefits cost split.
25 The audit is a public record under the Freedom of Information
26 Act. The Department shall execute, relative to the nursing
27 home prescreening project, written inter-agency agreements
28 with the Department of Human Services and the Department of
29 Public Aid, to effect the following: (1) intake procedures
30 and common eligibility criteria for those persons who are
31 receiving non-institutional services; and (2) the
32 establishment and development of non-institutional services
33 in areas of the State where they are not currently available
34 or are undeveloped. On and after July 1, 1996, all nursing
-11- LRB9003723MWpc
1 home prescreenings for individuals 60 years of age or older
2 shall be conducted by the Department.
3 The Department is authorized to establish a system of
4 recipient copayment for services provided under this Section,
5 such copayment to be based upon the recipient's ability to
6 pay but in no case to exceed the actual cost of the services
7 provided. Additionally, any portion of a person's income
8 which is equal to or less than the federal poverty standard
9 shall not be considered by the Department in determining the
10 copayment. The level of such copayment shall be adjusted
11 whenever necessary to reflect any change in the officially
12 designated federal poverty standard.
13 The Department, or the Department's authorized
14 representative, shall recover the amount of moneys expended
15 for 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
18 be had until after the death of the surviving spouse, if any,
19 and then only at such time when there is no surviving child
20 who is under age 21, blind, or permanently and totally
21 disabled. This paragraph, however, shall not bar recovery,
22 at the death of the person, of moneys for services provided
23 to the person or in behalf of the person under this Section
24 to which the person was not entitled; provided that such
25 recovery shall not be enforced against any real estate while
26 it is occupied as a homestead by the surviving spouse or
27 other dependent, if no claims by other creditors have been
28 filed against the estate, or, if such claims have been filed,
29 they remain dormant for failure of prosecution or failure of
30 the claimant to compel administration of the estate for the
31 purpose of payment. This paragraph shall not bar recovery
32 from the estate of a spouse, under Sections 1915 and 1924 of
33 the Social Security Act and Section 5-4 of the Illinois
34 Public Aid Code, who precedes a person receiving services
-12- LRB9003723MWpc
1 under this Section in death. All moneys for services paid to
2 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
6 spouse or relative, as defined by the rules and regulations
7 of the Illinois Department of Public Aid, regardless of the
8 value of the property.
9 The Department shall develop procedures to enhance
10 availability of services on evenings, weekends, and on an
11 emergency basis to meet the respite needs of caregivers.
12 Procedures shall be developed to permit the utilization of
13 services in successive blocks of 24 hours up to the monthly
14 maximum established by the Department. Workers providing
15 these services shall be appropriately trained.
16 The Department shall work in conjunction with the
17 Alzheimer's Task Force and members of the Alzheimer's
18 Association and other senior citizens' organizations in
19 developing these procedures by December 30, 1991.
20 Beginning on the effective date of this Amendatory Act of
21 1991, no person may perform chore/housekeeping and homemaker
22 services under a program authorized by this Section unless
23 that person has been issued a certificate of pre-service to
24 do so by his or her employing agency. Information gathered
25 to effect such certification shall include (i) the person's
26 name, (ii) the date the person was hired by his or her
27 current employer, and (iii) the training, including dates and
28 levels. Persons engaged in the program authorized by this
29 Section before the effective date of this amendatory Act of
30 1991 shall be issued a certificate of all pre- and in-service
31 training from his or her employer upon submitting the
32 necessary information. The employing agency shall be
33 required to retain records of all staff pre- and in-service
34 training, and shall provide such records to the Department
-13- LRB9003723MWpc
1 upon request and upon termination of the employer's contract
2 with the Department. In addition, the employing agency is
3 responsible for the issuance of certifications of in-service
4 training completed to their employees.
5 The Department is required to develop a system to ensure
6 that persons working as homemakers and chore housekeepers
7 receive increases in their wages when the federal minimum
8 wage is increased by requiring vendors to certify that they
9 are meeting the federal minimum wage statute for homemakers
10 and chore housekeepers. An employer that cannot ensure that
11 the minimum wage increase is being given to homemakers and
12 chore housekeepers shall be denied any increase in
13 reimbursement costs.
14 The Department on Aging and the Department of Human
15 Services shall cooperate in the development and submission of
16 an annual report on programs and services provided under this
17 Section. Such joint report shall be filed with the Governor
18 and the General Assembly on or before September 30 each year.
19 The requirement for reporting to the General Assembly
20 shall be satisfied by filing copies of the report with the
21 Speaker, the Minority Leader and the Clerk of the House of
22 Representatives and the President, the Minority Leader and
23 the Secretary of the Senate and the Legislative Research
24 Unit, as required by Section 3.1 of the General Assembly
25 Organization Act and filing such additional copies with the
26 State Government Report Distribution Center for the General
27 Assembly as is required under paragraph (t) of Section 7 of
28 the State Library Act.
29 Those persons previously found eligible for receiving
30 non-institutional services whose services were discontinued
31 under the Emergency Budget Act of Fiscal Year 1992, and who
32 do not meet the eligibility standards in effect on or after
33 July 1, 1992, shall remain ineligible on and after July 1,
34 1992. Those persons previously not required to cost-share
-14- LRB9003723MWpc
1 and who were required to cost-share effective March 1, 1992,
2 shall continue to meet cost-share requirements on and after
3 July 1, 1992. Beginning July 1, 1992, all clients will be
4 required to meet eligibility, cost-share, and other
5 requirements and will have services discontinued or altered
6 when they fail to meet these requirements.
7 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.