State of Illinois
90th General Assembly
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90_HB3423

      20 ILCS 2405/3            from Ch. 23, par. 3434
          Amends the Disabled Persons Rehabilitation Act to provide
      that beginning July 1, 1998, personal care  attendants  shall
      receive  a  minimum  hourly  wage that is at least 73% of the
      average per hour amount paid to vendors by the Department  on
      Aging   for  housekeeping  and  homemaking  services  in  the
      Community Care Program.  Effective July 1, 1998.
                                                     LRB9010279PTsb
                                               LRB9010279PTsb
 1        AN ACT to amend the Disabled Persons  Rehabilitation  Act
 2    by changing Section 3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Disabled Persons  Rehabilitation  Act  is
 6    amended by changing Section 3 as follows:
 7        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
 8        Sec. 3.  Powers and duties. The Department shall have the
 9    powers and duties enumerated herein:
10        (a)  To  co-operate  with  the  federal government in the
11    administration   of   the   provisions   of    the    federal
12    Rehabilitation  Act  of  1973, as amended, and of the federal
13    Social Security Act to the extent and in the manner  provided
14    in these Acts.
15        (b)  To   prescribe   and   supervise   such  courses  of
16    vocational training and provide such other services as may be
17    necessary for the habilitation and rehabilitation of  persons
18    with  one  or more disabilities, including the administrative
19    activities under subsection  (e)  of  this  Section,  and  to
20    co-operate  with State and local school authorities and other
21    recognized agencies engaged in  habilitation,  rehabilitation
22    and  comprehensive  rehabilitation services; and to cooperate
23    with the Department of Children and Family Services regarding
24    the  care  and  education  of  children  with  one  or   more
25    disabilities.
26        (c)  To  make  such  reports and submit such plans to the
27    federal government as are required by the provisions  of  the
28    federal  Rehabilitation  Act  of 1973, as amended, and by the
29    rules and regulations  of  the  federal  agency  or  agencies
30    administering  the  federal  Rehabilitation  Act  of 1973, as
31    amended, and the federal Social Security Act.
                            -2-                LRB9010279PTsb
 1        (d)  To report in writing, to the Governor,  annually  on
 2    or  before the first day of December, and at such other times
 3    and in such manner and upon such subjects as the Governor may
 4    require.  The annual report shall contain (1) a statement  of
 5    the   existing   condition  of  comprehensive  rehabilitation
 6    services, habilitation and rehabilitation in the State; (2) a
 7    statement of suggestions and recommendations  with  reference
 8    to  the 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
13    amounts have been devoted.
14        (e)  To exercise, pursuant to Section  13  of  this  Act,
15    executive    and    administrative   supervision   over   all
16    institutions, divisions, programs and services  now  existing
17    or  hereafter  acquired  or created under the jurisdiction of
18    the Department, including, but not limited to, the following:
19        The  Illinois  School  for  the  Visually   Impaired   at
20    Jacksonville, as provided under Section 10 of this Act,
21        The  Illinois  School  for  the  Deaf at Jacksonville, as
22    provided under Section 10 of this Act, and
23        The Illinois Center for Rehabilitation and Education,  as
24    provided under Section 11 of this Act.
25        (f)  To  establish  a  program  of  services  to  prevent
26    unnecessary  institutionalization of persons with Alzheimer's
27    disease and related disorders or persons in need of long term
28    care who are established as blind or disabled as  defined  by
29    the  Social  Security Act, thereby enabling them to remain in
30    their own homes or other living arrangements. Such preventive
31    services may include, but are not limited to, any or  all  of
32    the following:
33             (1)  home health services;
34             (2)  home nursing services;
                            -3-                LRB9010279PTsb
 1             (3)  homemaker services;
 2             (4)  chore and housekeeping services;
 3             (5)  day care services;
 4             (6)  home-delivered meals;
 5             (7)  education in self-care;
 6             (8)  personal care services;
 7             (9)  adult day health services;
 8             (10)  habilitation services;
 9             (11)  respite care; or
10             (12)  other  nonmedical  social  services  that  may
11        enable the person to become self-supporting.
12        The  Department shall establish eligibility standards for
13    such services taking into consideration the  unique  economic
14    and  social  needs  of the population for whom they are to be
15    provided.  Such eligibility standards may  be  based  on  the
16    recipient's  ability  to pay for services; provided, however,
17    that any portion of a person's income that  is  equal  to  or
18    less   than   the  "protected  income"  level  shall  not  be
19    considered by the Department in determining eligibility.  The
20    "protected  income"  level  shall  be   determined   by   the
21    Department,  shall  never  be  less  than the federal poverty
22    standard, and shall be adjusted each year to reflect  changes
23    in  the  Consumer  Price  Index  For  All  Urban Consumers as
24    determined  by  the  United  States  Department   of   Labor.
25    Additionally,   in  determining  the  amount  and  nature  of
26    services for which a person may qualify, consideration  shall
27    not  be  given to the value of cash, property or other assets
28    held in the name of the person's spouse pursuant to a written
29    agreement dividing marital property into equal  but  separate
30    shares  or pursuant to a transfer of the person's interest in
31    a home to his spouse, provided that the spouse's share of the
32    marital property is not made available to the person  seeking
33    such services.
34        The  services  shall  be  provided to eligible persons to
                            -4-                LRB9010279PTsb
 1    prevent unnecessary or premature institutionalization, to the
 2    extent that the cost of the services, together with the other
 3    personal maintenance expenses of the persons, are  reasonably
 4    related  to  the  standards  established  for care in a group
 5    facility   appropriate    to    their    condition.     These
 6    non-institutional  services,  pilot  projects or experimental
 7    facilities may be provided as part of or in addition to those
 8    authorized by federal law or those funded and administered by
 9    the Illinois Department on Aging.
10        Personal care attendants shall be paid:
11             (i)  A $5 per hour minimum rate  beginning  July  1,
12        1995.
13             (ii)  A  $5.30  per hour minimum rate beginning July
14        1, 1997.
15             (iii)  Beginning July 1, 1998, a minimum hourly wage
16        that is at least 73% of the average per hour amount  paid
17        to  vendors  by  the Department on Aging for housekeeping
18        and homemaking services in the Community Care  Program  A
19        $5.40 per hour minimum rate beginning July 1, 1998.
20        The  Department  shall  execute,  relative to the nursing
21    home prescreening project, as authorized by Section  4.03  of
22    the   Illinois   Act   on  the  Aging,  written  inter-agency
23    agreements with the Department on Aging and the Department of
24    Public Aid, to effect the following:  (i)  intake  procedures
25    and  common  eligibility  criteria  for those persons who are
26    receiving   non-institutional   services;   and   (ii)    the
27    establishment  and  development of non-institutional services
28    in areas of the State where they are not currently  available
29    or  are  undeveloped.  On and after July 1, 1996, all nursing
30    home prescreenings for individuals 18 through 59 years of age
31    shall be conducted by the Department.
32        The Department is authorized to  establish  a  system  of
33    recipient  cost-sharing  for  services  provided  under  this
34    Section.    The   cost-sharing   shall   be  based  upon  the
                            -5-                LRB9010279PTsb
 1    recipient's ability to pay for services, but in no case shall
 2    the recipient's share exceed the actual cost of the  services
 3    provided.   Protected  income  shall not be considered by the
 4    Department in its determination of the recipient's ability to
 5    pay  a  share  of  the  cost  of  services.   The  level   of
 6    cost-sharing  shall  be adjusted each year to reflect changes
 7    in the "protected income" level.  The Department shall deduct
 8    from the recipient's share of the cost of services any  money
 9    expended by the recipient for disability-related expenses.
10        The    Department,   or   the   Department's   authorized
11    representative, shall recover the amount of  moneys  expended
12    for  services provided to or in behalf of a person under this
13    Section by a claim against the person's estate or against the
14    estate of the person's surviving spouse, but no recovery  may
15    be had until after the death of the surviving spouse, if any,
16    and  then  only at such time when there is no surviving child
17    who is under  age  21,  blind,  or  permanently  and  totally
18    disabled.   This  paragraph, however, shall not bar recovery,
19    at the death of the person, of moneys for  services  provided
20    to  the  person or in behalf of the person under this Section
21    to which the person was  not  entitled;  provided  that  such
22    recovery  shall not be enforced against any real estate while
23    it is occupied as a homestead  by  the  surviving  spouse  or
24    other  dependent,  if  no claims by other creditors have been
25    filed against the estate, or, if such claims have been filed,
26    they remain dormant for failure of prosecution or failure  of
27    the  claimant  to compel administration of the estate for the
28    purpose of payment.  This paragraph shall  not  bar  recovery
29    from  the estate of a spouse, under Sections 1915 and 1924 of
30    the Social Security Act  and  Section  5-4  of  the  Illinois
31    Public  Aid  Code,  who  precedes a person receiving services
32    under this Section in death.  All moneys for services paid to
33    or in behalf of  the  person  under  this  Section  shall  be
34    claimed  for  recovery  from  the  deceased  spouse's estate.
                            -6-                LRB9010279PTsb
 1    "Homestead", as used in this paragraph,  means  the  dwelling
 2    house  and  contiguous  real  estate  occupied by a surviving
 3    spouse or relative, as defined by the rules  and  regulations
 4    of  the  Illinois Department of Public Aid, regardless of the
 5    value of the property.
 6        The  Department  and  the  Department  on   Aging   shall
 7    cooperate  in  the  development  and  submission of an annual
 8    report on programs and services provided under this  Section.
 9    Such  joint  report  shall be filed with the Governor and the
10    General Assembly on or before September 30 each year.
11        The requirement for reporting  to  the  General  Assembly
12    shall  be  satisfied  by filing copies of the report with the
13    Speaker, the Minority Leader and the Clerk of  the  House  of
14    Representatives  and  the  President, the Minority Leader and
15    the Secretary of the  Senate  and  the  Legislative  Research
16    Unit,  as  required  by  Section  3.1 of the General Assembly
17    Organization Act, and filing additional copies with the State
18    Government  Report  Distribution  Center  for   the   General
19    Assembly  as required under paragraph (t) of Section 7 of the
20    State Library Act.
21        (g)  To establish such subdivisions of the Department  as
22    shall be desirable and assign to the various subdivisions the
23    responsibilities  and  duties  placed  upon the Department by
24    law.
25        (h)  To cooperate and enter into any necessary agreements
26    with the Department of Employment Security for the  provision
27    of  job placement and job referral services to clients of the
28    Department,  including  job  service  registration  of   such
29    clients  with Illinois Employment Security offices and making
30    job listings  maintained  by  the  Department  of  Employment
31    Security available to such clients.
32        (i)  To  possess  all powers reasonable and necessary for
33    the exercise and administration of  the  powers,  duties  and
34    responsibilities  of the Department which are provided for by
                            -7-                LRB9010279PTsb
 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
 6    shall  the  Department pay personal care attendants an hourly
 7    wage that 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
10    to  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
13    Housing 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
20    database  for  the storage and retrieval of information and a
21    separate or shared toll free  telephone  number  for  use  by
22    those seeking information from the Clearinghouse.  Department
23    offices  and personnel throughout the State shall also assist
24    in the operation  of  the  Statewide  Housing  Clearinghouse.
25    Cooperation  with  local,  State and federal housing managers
26    shall be sought and  extended  in  order  to  frequently  and
27    promptly update the Clearinghouse's information.
28    (Source:  P.A.  89-21,  eff.  7-1-95;  89-352,  eff. 8-17-95;
29    89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
30        Section 99.  Effective date.  This Act takes effect  July
31    1, 1998.

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