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90_HB1782
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
20 ILCS 2405/3 from Ch. 23, par. 3434
Amends the Illinois Act on the Aging and the Disabled
Persons Rehabilitation Act. Provides that the Department on
Aging and the Department of Human Services shall make
available a registry of the service providers to recipients
or potential recipients of services.
LRB9003826PTcw
LRB9003826PTcw
1 AN ACT concerning preventive services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 4.02 as follows:
6 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 4.02. The Department shall establish a program of
9 services to prevent unnecessary institutionalization of
10 persons age 60 and older in need of long term care or who are
11 established as persons who suffer from Alzheimer's disease or
12 a related disorder under the Alzheimer's Disease Assistance
13 Act, enacted by the 84th General Assembly, thereby enabling
14 them to remain in their own homes or in other living
15 arrangements. Such preventive services, which may be
16 coordinated with other programs for the aged and monitored by
17 area agencies on aging in cooperation with the Department,
18 may include, but are not limited to, any or all of the
19 following:
20 (a) home health services;
21 (b) home nursing services;
22 (c) homemaker services;
23 (d) chore and housekeeping services;
24 (e) day care services;
25 (f) home-delivered meals;
26 (g) education in self-care;
27 (h) personal care services;
28 (i) adult day health services;
29 (j) habilitation services;
30 (k) respite care; or
31 (l) other nonmedical social services that may enable the
-2- LRB9003826PTcw
1 person to become self-supporting.
2 The Department shall establish eligibility standards for
3 such services taking into consideration the unique economic
4 and social needs of the target population for whom they are
5 to be provided. Such eligibility standards shall be based on
6 the recipient's ability to pay for services; provided,
7 however, that in determining the amount and nature of
8 services for which a person may qualify, consideration shall
9 not be given to the value of cash, property or other assets
10 held in the name of the person's spouse pursuant to a written
11 agreement dividing marital property into equal but separate
12 shares or pursuant to a transfer of the person's interest in
13 a home to his spouse, provided that the spouse's share of the
14 marital property is not made available to the person seeking
15 such services. The Department shall, in conjunction with the
16 Department of Public Aid, seek appropriate amendments under
17 Sections 1915 and 1924 of the Social Security Act. The
18 purpose of the amendments shall be to extend eligibility for
19 home and community based services under Sections 1915 and
20 1924 of the Social Security Act to persons who transfer to or
21 for the benefit of a spouse those amounts of income and
22 resources allowed under Section 1924 of the Social Security
23 Act. Subject to the approval of such amendments, the
24 Department shall extend the provisions of Section 5-4 of the
25 Illinois Public Aid Code to persons who, but for the
26 provision of home or community-based services, would require
27 the level of care provided in an institution, as is provided
28 for in federal law. Those persons no longer found to be
29 eligible for receiving noninstitutional services due to
30 changes in the eligibility criteria shall be given 60 days
31 notice prior to actual termination. Those persons receiving
32 notice of termination may contact the Department and request
33 the determination be appealed at any time during the 60 day
34 notice period. With the exception of the lengthened notice
-3- LRB9003826PTcw
1 and time frame for the appeal request, the appeal process
2 shall follow the normal procedure. In addition, each person
3 affected regardless of the circumstances for discontinued
4 eligibility shall be given notice and the opportunity to
5 purchase the necessary services through the Community Care
6 Program. If the individual does not elect to purchase
7 services, the Department shall advise the individual of
8 alternative services. The target population identified for
9 the purposes of this Section are persons age 60 and older
10 with an identified service need. Priority shall be given to
11 those who are at imminent risk of institutionalization. The
12 services shall be provided to eligible persons age 60 and
13 older to the extent that the cost of the services together
14 with the other personal maintenance expenses of the persons
15 are reasonably related to the standards established for care
16 in a group facility appropriate to the person's condition.
17 These non-institutional services, pilot projects or
18 experimental facilities may be provided as part of or in
19 addition to those authorized by federal law or those funded
20 and administered by the Department of Rehabilitation
21 Services. The Departments of Rehabilitation Services, Public
22 Aid, Mental Health and Developmental Disabilities, Public
23 Health, Veterans' Affairs, and Commerce and Community Affairs
24 and other appropriate agencies of State, federal and local
25 governments shall cooperate with the Department on Aging in
26 the establishment and development of the non-institutional
27 services. The Department shall require an annual audit from
28 all chore/housekeeping and homemaker vendors contracting with
29 the Department under this Section. The annual audit shall
30 assure that each audited vendor's procedures are in
31 compliance with Department's financial reporting guidelines
32 requiring a 27% administrative cost split and a 73% employee
33 wages and benefits cost split. The audit is a public record
34 under the Freedom of Information Act. The Department shall
-4- LRB9003826PTcw
1 execute, relative to the nursing home prescreening project,
2 written inter-agency agreements with the Department of
3 Rehabilitation Services and the Department of Public Aid, to
4 effect the following: (1) intake procedures and common
5 eligibility criteria for those persons who are receiving
6 non-institutional services; and (2) the establishment and
7 development of non-institutional services in areas of the
8 State where they are not currently available or are
9 undeveloped. On and after July 1, 1996, all nursing home
10 prescreenings for individuals 60 years of age or older shall
11 be conducted by the Department.
12 The Department is authorized to establish a system of
13 recipient copayment for services provided under this Section,
14 such copayment to be based upon the recipient's ability to
15 pay but in no case to exceed the actual cost of the services
16 provided. Additionally, any portion of a person's income
17 which is equal to or less than the federal poverty standard
18 shall not be considered by the Department in determining the
19 copayment. The level of such copayment shall be adjusted
20 whenever necessary to reflect any change in the officially
21 designated federal poverty standard.
22 The Department, or the Department's authorized
23 representative, shall recover the amount of moneys expended
24 for services provided to or in behalf of a person under this
25 Section by a claim against the person's estate or against the
26 estate of the person's surviving spouse, but no recovery may
27 be had until after the death of the surviving spouse, if any,
28 and then only at such time when there is no surviving child
29 who is under age 21, blind, or permanently and totally
30 disabled. This paragraph, however, shall not bar recovery,
31 at the death of the person, of moneys for services provided
32 to the person or in behalf of the person under this Section
33 to which the person was not entitled; provided that such
34 recovery shall not be enforced against any real estate while
-5- LRB9003826PTcw
1 it is occupied as a homestead by the surviving spouse or
2 other dependent, if no claims by other creditors have been
3 filed against the estate, or, if such claims have been filed,
4 they remain dormant for failure of prosecution or failure of
5 the claimant to compel administration of the estate for the
6 purpose of payment. This paragraph shall not bar recovery
7 from the estate of a spouse, under Sections 1915 and 1924 of
8 the Social Security Act and Section 5-4 of the Illinois
9 Public Aid Code, who precedes a person receiving services
10 under this Section in death. All moneys for services paid to
11 or in behalf of the person under this Section shall be
12 claimed for recovery from the deceased spouse's estate.
13 "Homestead", as used in this paragraph, means the dwelling
14 house and contiguous real estate occupied by a surviving
15 spouse or relative, as defined by the rules and regulations
16 of the Illinois Department of Public Aid, regardless of the
17 value of the property.
18 The Department shall develop procedures to enhance
19 availability of services on evenings, weekends, and on an
20 emergency basis to meet the respite needs of caregivers.
21 Procedures shall be developed to permit the utilization of
22 services in successive blocks of 24 hours up to the monthly
23 maximum established by the Department. Workers providing
24 these services shall be appropriately trained.
25 The Department shall work in conjunction with the
26 Alzheimer's Task Force and members of the Alzheimer's
27 Association and other senior citizens' organizations in
28 developing these procedures by December 30, 1991.
29 Beginning on the effective date of this Amendatory Act of
30 1991, no person may perform chore/housekeeping and homemaker
31 services under a program authorized by this Section unless
32 that person has been issued a certificate of pre-service to
33 do so by his or her employing agency. Information gathered
34 to effect such certification shall include (i) the person's
-6- LRB9003826PTcw
1 name, (ii) the date the person was hired by his or her
2 current employer, and (iii) the training, including dates and
3 levels. Persons engaged in the program authorized by this
4 Section before the effective date of this Amendatory Act of
5 1991 shall be issued a certificate of all pre- and in-service
6 training from his or her employer upon submitting the
7 necessary information. The employing agency shall be
8 required to retain records of all staff pre- and in-service
9 training, and shall provide such records to the Department
10 upon request and upon termination of the employer's contract
11 with the Department. In addition, the employing agency is
12 responsible for the issuance of certifications of in-service
13 training completed to their employees.
14 The Department is required to develop a system to ensure
15 that persons working as homemakers and chore housekeepers
16 receive increases in their wages when the federal minimum
17 wage is increased by requiring vendors to certify that they
18 are meeting the federal minimum wage statute for homemakers
19 and chore housekeepers. An employer that cannot ensure that
20 the minimum wage increase is being given to homemakers and
21 chore housekeepers shall be denied any increase in
22 reimbursement costs.
23 The Department on Aging and the Department of
24 Rehabilitation Services shall cooperate in the development
25 and submission of an annual report on programs and services
26 provided under this Section. Such joint report shall be filed
27 with the Governor and the General Assembly on or before
28 September 30 each year.
29 The requirement for reporting to the General Assembly
30 shall be satisfied by filing copies of the report with the
31 Speaker, the Minority Leader and the Clerk of the House of
32 Representatives and the President, the Minority Leader and
33 the Secretary of the Senate and the Legislative Research
34 Unit, as required by Section 3.1 of the General Assembly
-7- LRB9003826PTcw
1 Organization Act and filing such additional copies with the
2 State Government Report Distribution Center for the General
3 Assembly as is required under paragraph (t) of Section 7 of
4 the State Library Act.
5 Those persons previously found eligible for receiving
6 non-institutional services whose services were discontinued
7 under the Emergency Budget Act of Fiscal Year 1992, and who
8 do not meet the eligibility standards in effect on or after
9 July 1, 1992, shall remain ineligible on and after July 1,
10 1992. Those persons previously not required to cost-share
11 and who were required to cost-share effective March 1, 1992,
12 shall continue to meet cost-share requirements on and after
13 July 1, 1992. Beginning July 1, 1992, all clients will be
14 required to meet eligibility, cost-share, and other
15 requirements and will have services discontinued or altered
16 when they fail to meet these requirements.
17 (Source: P.A. 89-21, eff. 7-1-95.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 4.02. Preventive services. The Department shall
20 establish a program of services to prevent unnecessary
21 institutionalization of persons age 60 and older in need of
22 long term care or who are established as persons who suffer
23 from Alzheimer's disease or a related disorder under the
24 Alzheimer's Disease Assistance Act, thereby enabling them to
25 remain in their own homes or in other living arrangements.
26 Such preventive services, which may be coordinated with other
27 programs for the aged and monitored by area agencies on aging
28 in cooperation with the Department, may include, but are not
29 limited to, any or all of the following:
30 (a) home health services;
31 (b) home nursing services;
32 (c) homemaker services;
33 (d) chore and housekeeping services;
34 (e) day care services;
-8- LRB9003826PTcw
1 (f) home-delivered meals;
2 (g) education in self-care;
3 (h) personal care services;
4 (i) adult day health services;
5 (j) habilitation services;
6 (k) respite care; or
7 (l) other nonmedical social services that may enable the
8 person to become self-supporting.
9 The Department shall establish eligibility standards for
10 such services taking into consideration the unique economic
11 and social needs of the target population for whom they are
12 to be provided. Such eligibility standards shall be based on
13 the recipient's ability to pay for services; provided,
14 however, that in determining the amount and nature of
15 services for which a person may qualify, consideration shall
16 not be given to the value of cash, property or other assets
17 held in the name of the person's spouse pursuant to a written
18 agreement dividing marital property into equal but separate
19 shares or pursuant to a transfer of the person's interest in
20 a home to his spouse, provided that the spouse's share of the
21 marital property is not made available to the person seeking
22 such services. The Department shall, in conjunction with the
23 Department of Public Aid, seek appropriate amendments under
24 Sections 1915 and 1924 of the Social Security Act. The
25 purpose of the amendments shall be to extend eligibility for
26 home and community based services under Sections 1915 and
27 1924 of the Social Security Act to persons who transfer to or
28 for the benefit of a spouse those amounts of income and
29 resources allowed under Section 1924 of the Social Security
30 Act. Subject to the approval of such amendments, the
31 Department shall extend the provisions of Section 5-4 of the
32 Illinois Public Aid Code to persons who, but for the
33 provision of home or community-based services, would require
34 the level of care provided in an institution, as is provided
-9- LRB9003826PTcw
1 for in federal law. Those persons no longer found to be
2 eligible for receiving noninstitutional services due to
3 changes in the eligibility criteria shall be given 60 days
4 notice prior to actual termination. Those persons receiving
5 notice of termination may contact the Department and request
6 the determination be appealed at any time during the 60 day
7 notice period. With the exception of the lengthened notice
8 and time frame for the appeal request, the appeal process
9 shall follow the normal procedure. In addition, each person
10 affected regardless of the circumstances for discontinued
11 eligibility shall be given notice and the opportunity to
12 purchase the necessary services through the Community Care
13 Program. If the individual does not elect to purchase
14 services, the Department shall advise the individual of
15 alternative services. The target population identified for
16 the purposes of this Section are persons age 60 and older
17 with an identified service need. Priority shall be given to
18 those who are at imminent risk of institutionalization. The
19 services shall be provided to eligible persons age 60 and
20 older to the extent that the cost of the services together
21 with the other personal maintenance expenses of the persons
22 are reasonably related to the standards established for care
23 in a group facility appropriate to the person's condition.
24 The Department shall make available to the recipients or
25 potential recipients of these preventive services a registry
26 of the service providers. These non-institutional services,
27 pilot projects or experimental facilities may be provided as
28 part of or in addition to those authorized by federal law or
29 those funded and administered by the Department of Human
30 Services. The Departments of Human Services, Public Aid,
31 Public Health, Veterans' Affairs, and Commerce and Community
32 Affairs and other appropriate agencies of State, federal and
33 local governments shall cooperate with the Department on
34 Aging in the establishment and development of the
-10- LRB9003826PTcw
1 non-institutional services. The Department shall require an
2 annual audit from all chore/housekeeping and homemaker
3 vendors contracting with the Department under this Section.
4 The annual audit shall assure that each audited vendor's
5 procedures are in compliance with Department's financial
6 reporting guidelines requiring a 27% administrative cost
7 split and a 73% employee wages and benefits cost split. The
8 audit is a public record under the Freedom of Information
9 Act. The Department shall execute, relative to the nursing
10 home prescreening project, written inter-agency agreements
11 with the Department of Human Services and the Department of
12 Public Aid, to effect the following: (1) intake procedures
13 and common eligibility criteria for those persons who are
14 receiving non-institutional services; and (2) the
15 establishment and development of non-institutional services
16 in areas of the State where they are not currently available
17 or are undeveloped. On and after July 1, 1996, all nursing
18 home prescreenings for individuals 60 years of age or older
19 shall be conducted by the Department.
20 The Department is authorized to establish a system of
21 recipient copayment for services provided under this Section,
22 such copayment to be based upon the recipient's ability to
23 pay but in no case to exceed the actual cost of the services
24 provided. Additionally, any portion of a person's income
25 which is equal to or less than the federal poverty standard
26 shall not be considered by the Department in determining the
27 copayment. The level of such copayment shall be adjusted
28 whenever necessary to reflect any change in the officially
29 designated federal poverty standard.
30 The Department, or the Department's authorized
31 representative, shall recover the amount of moneys expended
32 for services provided to or in behalf of a person under this
33 Section by a claim against the person's estate or against the
34 estate of the person's surviving spouse, but no recovery may
-11- LRB9003826PTcw
1 be had until after the death of the surviving spouse, if any,
2 and then only at such time when there is no surviving child
3 who is under age 21, blind, or permanently and totally
4 disabled. This paragraph, however, shall not bar recovery,
5 at the death of the person, of moneys for services provided
6 to the person or in behalf of the person under this Section
7 to which the person was not entitled; provided that such
8 recovery shall not be enforced against any real estate while
9 it is occupied as a homestead by the surviving spouse or
10 other dependent, if no claims by other creditors have been
11 filed against the estate, or, if such claims have been filed,
12 they remain dormant for failure of prosecution or failure of
13 the claimant to compel administration of the estate for the
14 purpose of payment. This paragraph shall not bar recovery
15 from the estate of a spouse, under Sections 1915 and 1924 of
16 the Social Security Act and Section 5-4 of the Illinois
17 Public Aid Code, who precedes a person receiving services
18 under this Section in death. All moneys for services paid to
19 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
23 spouse or relative, as defined by the rules and regulations
24 of the Illinois Department of Public Aid, regardless of the
25 value of the property.
26 The Department shall develop procedures to enhance
27 availability of services on evenings, weekends, and on an
28 emergency basis to meet the respite needs of caregivers.
29 Procedures shall be developed to permit the utilization of
30 services in successive blocks of 24 hours up to the monthly
31 maximum established by the Department. Workers providing
32 these services shall be appropriately trained.
33 The Department shall work in conjunction with the
34 Alzheimer's Task Force and members of the Alzheimer's
-12- LRB9003826PTcw
1 Association and other senior citizens' organizations in
2 developing these procedures by December 30, 1991.
3 Beginning on the effective date of this Amendatory Act of
4 1991, no person may perform chore/housekeeping and homemaker
5 services under a program authorized by this Section unless
6 that person has been issued a certificate of pre-service to
7 do so by his or her employing agency. Information gathered
8 to effect such certification shall include (i) the person's
9 name, (ii) the date the person was hired by his or her
10 current employer, and (iii) the training, including dates and
11 levels. Persons engaged in the program authorized by this
12 Section before the effective date of this amendatory Act of
13 1991 shall be issued a certificate of all pre- and in-service
14 training from his or her employer upon submitting the
15 necessary information. The employing agency shall be
16 required to retain records of all staff pre- and in-service
17 training, and shall provide such records to the Department
18 upon request and upon termination of the employer's contract
19 with the Department. In addition, the employing agency is
20 responsible for the issuance of certifications of in-service
21 training completed to their employees.
22 The Department is required to develop a system to ensure
23 that persons working as homemakers and chore housekeepers
24 receive increases in their wages when the federal minimum
25 wage is increased by requiring vendors to certify that they
26 are meeting the federal minimum wage statute for homemakers
27 and chore housekeepers. An employer that cannot ensure that
28 the minimum wage increase is being given to homemakers and
29 chore housekeepers shall be denied any increase in
30 reimbursement costs.
31 The Department on Aging and the Department of Human
32 Services shall cooperate in the development and submission of
33 an annual report on programs and services provided under this
34 Section. Such joint report shall be filed with the Governor
-13- LRB9003826PTcw
1 and the General Assembly on or before September 30 each year.
2 The requirement for reporting to the General Assembly
3 shall be satisfied by filing copies of the report with the
4 Speaker, the Minority Leader and the Clerk of the House of
5 Representatives and the President, the Minority Leader and
6 the Secretary of the Senate and the Legislative Research
7 Unit, as required by Section 3.1 of the General Assembly
8 Organization Act and filing such additional copies with the
9 State Government Report Distribution Center for the General
10 Assembly as is required under paragraph (t) of Section 7 of
11 the State Library Act.
12 Those persons previously found eligible for receiving
13 non-institutional services whose services were discontinued
14 under the Emergency Budget Act of Fiscal Year 1992, and who
15 do not meet the eligibility standards in effect on or after
16 July 1, 1992, shall remain ineligible on and after July 1,
17 1992. Those persons previously not required to cost-share
18 and who were required to cost-share effective March 1, 1992,
19 shall continue to meet cost-share requirements on and after
20 July 1, 1992. Beginning July 1, 1992, all clients will be
21 required to meet eligibility, cost-share, and other
22 requirements and will have services discontinued or altered
23 when they fail to meet these requirements.
24 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
25 Section 10. The Disabled Persons Rehabilitation Act is
26 amended by changing Section 3 as follows:
27 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
28 Sec. 3. Powers and duties. The Department shall have
29 the powers and duties enumerated herein:
30 (a) To co-operate with the federal government in the
31 administration of the provisions of the federal
32 Rehabilitation Act of 1973, as amended, and of the federal
-14- LRB9003826PTcw
1 Social Security Act to the extent and in the manner provided
2 in these Acts.
3 (b) To prescribe and supervise such courses of
4 vocational training and provide such other services as may be
5 necessary for the habilitation and rehabilitation of persons
6 with one or more disabilities, including the administrative
7 activities under subsection (e) of this Section, and to
8 co-operate with State and local school authorities and other
9 recognized agencies engaged in habilitation, rehabilitation
10 and comprehensive rehabilitation services; and to cooperate
11 with the Department of Children and Family Services regarding
12 the care and education of children with one or more
13 disabilities.
14 (c) To make such reports and submit such plans to the
15 federal government as are required by the provisions of the
16 federal Rehabilitation Act of 1973, as amended, and by the
17 rules and regulations of the federal agency or agencies
18 administering the federal Rehabilitation Act of 1973, as
19 amended, and the federal Social Security Act.
20 (d) To report in writing, to the Governor, annually on
21 or before the first day of December, and at such other times
22 and in such manner and upon such subjects as the Governor may
23 require. The annual report shall contain (1) a statement of
24 the existing condition of comprehensive rehabilitation
25 services, habilitation and rehabilitation in the State; (2) a
26 statement of suggestions and recommendations with reference
27 to the development of comprehensive rehabilitation services,
28 habilitation and rehabilitation in the State; and (3) an
29 itemized statement of the amounts of money received from
30 federal, State and other sources, and of the objects and
31 purposes to which the respective items of these several
32 amounts have been devoted.
33 (e) To exercise, pursuant to Section 13 of this Act,
34 executive and administrative supervision over all
-15- LRB9003826PTcw
1 institutions, divisions, programs and services now existing
2 or hereafter acquired or created under the jurisdiction of
3 the Department, including, but not limited to, the following:
4 The Illinois School for the Visually Impaired at
5 Jacksonville, as provided under Section 10 of this Act,
6 The Illinois School for the Deaf at Jacksonville, as
7 provided under Section 10 of this Act, and
8 The Illinois Center for Rehabilitation and Education, as
9 provided under Section 11 of this Act.
10 (f) To establish a program of services to prevent
11 unnecessary institutionalization of persons with Alzheimer's
12 disease and related disorders or persons in need of long term
13 care who are established as blind or disabled as defined by
14 the Social Security Act, thereby enabling them to remain in
15 their own homes or other living arrangements. Such preventive
16 services may include, but are not limited to, any or all of
17 the following:
18 (1) home health services;
19 (2) home nursing services;
20 (3) homemaker services;
21 (4) chore and housekeeping services;
22 (5) day care services;
23 (6) home-delivered meals;
24 (7) education in self-care;
25 (8) personal care services;
26 (9) adult day health services;
27 (10) habilitation services;
28 (11) respite care; or
29 (12) other nonmedical social services that may
30 enable the person to become self-supporting.
31 The Department shall establish eligibility standards for
32 such services taking into consideration the unique economic
33 and social needs of the population for whom they are to be
34 provided. Such eligibility standards may be based on the
-16- LRB9003826PTcw
1 recipient's ability to pay for services; provided, however,
2 that any portion of a person's income that is equal to or
3 less than the "protected income" level shall not be
4 considered by the Department in determining eligibility. The
5 "protected income" level shall be determined by the
6 Department, shall never be less than the federal poverty
7 standard, and shall be adjusted each year to reflect changes
8 in the Consumer Price Index For All Urban Consumers as
9 determined by the United States Department of Labor.
10 Additionally, in determining the amount and nature of
11 services for which a person may qualify, consideration shall
12 not be given to the value of cash, property or other assets
13 held in the name of the person's spouse pursuant to a written
14 agreement dividing marital property into equal but separate
15 shares or pursuant to a transfer of the person's interest in
16 a home to his spouse, provided that the spouse's share of the
17 marital property is not made available to the person seeking
18 such services.
19 The services shall be provided to eligible persons to
20 prevent unnecessary or premature institutionalization, to the
21 extent that the cost of the services, together with the other
22 personal maintenance expenses of the persons, are reasonably
23 related to the standards established for care in a group
24 facility appropriate to their condition. The Department
25 shall make available to the recipients or potential
26 recipients of these preventive services a registry of the
27 service providers. These non-institutional services, pilot
28 projects or experimental facilities may be provided as part
29 of or in addition to those authorized by federal law or those
30 funded and administered by the Illinois Department on Aging.
31 Personal care attendants shall be paid a $5 per hour
32 minimum rate beginning July 1, 1995.
33 The Department shall execute, relative to the nursing
34 home prescreening project, as authorized by Section 4.03 of
-17- LRB9003826PTcw
1 the Illinois Act on the Aging, written inter-agency
2 agreements with the Department on Aging and the Department of
3 Public Aid, to effect the following: (i) intake procedures
4 and common eligibility criteria for those persons who are
5 receiving non-institutional services; and (ii) the
6 establishment and development of non-institutional services
7 in areas of the State where they are not currently available
8 or are undeveloped. On and after July 1, 1996, all nursing
9 home prescreenings for individuals 18 through 59 years of age
10 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
14 recipient's ability to pay for services, but in no case shall
15 the 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
19 cost-sharing shall be adjusted each year to reflect changes
20 in the "protected income" level. The Department shall deduct
21 from the recipient's share of the cost of services any money
22 expended by the recipient for disability-related expenses.
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
-18- LRB9003826PTcw
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 and the Department on Aging shall
20 cooperate in the development and submission of an annual
21 report on programs and services provided under this Section.
22 Such joint report shall be filed with the Governor and the
23 General Assembly on or before September 30 each year.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader and the Clerk of the House of
27 Representatives and the President, the Minority Leader and
28 the Secretary of the Senate and the Legislative Research
29 Unit, as required by Section 3.1 of the General Assembly
30 Organization Act, and filing additional copies with the State
31 Government Report Distribution Center for the General
32 Assembly as required under paragraph (t) of Section 7 of the
33 State Library Act.
34 (g) To establish such subdivisions of the Department as
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1 shall be desirable and assign to the various subdivisions the
2 responsibilities and duties placed upon the Department by
3 law.
4 (h) To cooperate and enter into any necessary agreements
5 with the Department of Employment Security for the provision
6 of job placement and job referral services to clients of the
7 Department, including job service registration of such
8 clients with Illinois Employment Security offices and making
9 job listings maintained by the Department of Employment
10 Security available to such clients.
11 (i) To possess all powers reasonable and necessary for
12 the exercise and administration of the powers, duties and
13 responsibilities of the Department which are provided for by
14 law.
15 (j) To establish a procedure whereby new providers of
16 personal care attendant services shall submit vouchers to the
17 State for payment two times during their first month of
18 employment and one time per month thereafter. In no case
19 shall the Department pay personal care attendants an hourly
20 wage that is less than the federal minimum wage.
21 (k) To provide adequate notice to providers of chore and
22 housekeeping services informing them that they are entitled
23 to an interest payment on bills which are not promptly paid
24 pursuant to Section 3 of the State Prompt Payment Act.
25 (l) To establish, operate and maintain a Statewide
26 Housing Clearinghouse of information on available, government
27 subsidized housing accessible to disabled persons and
28 available privately owned housing accessible to disabled
29 persons. The information shall include but not be limited to
30 the location, rental requirements, access features and
31 proximity to public transportation of available housing. The
32 Clearinghouse shall consist of at least a computerized
33 database for the storage and retrieval of information and a
34 separate or shared toll free telephone number for use by
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1 those seeking information from the Clearinghouse. Department
2 offices and personnel throughout the State shall also assist
3 in the operation of the Statewide Housing Clearinghouse.
4 Cooperation with local, State and federal housing managers
5 shall be sought and extended in order to frequently and
6 promptly update the Clearinghouse's information.
7 (Source: P.A. 88-172; 88-500; 88-670, eff. 12-2-94; 89-21,
8 eff. 7-1-95; 89-352, eff. 8-17-95; 89-626, eff. 8-9-96.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.