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90_SB0443
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging. Designates
home-delivered meals to eligible individuals through a
nutrition provider and funded by area agencies on aging to be
a necessary preventive service. Effective immediately.
LRB9002235MWpc
LRB9002235MWpc
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. These 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 one 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
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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 these such services taking into consideration the unique
5 economic and social needs of the target population for whom
6 they are to be provided. For purposes of this Section,
7 home-delivered meals provided to eligible individuals through
8 a nutrition provider funded by an area agency on aging shall
9 be considered a necessary preventive service. The Such
10 eligibility standards shall be based on the recipient's
11 ability to pay for services; provided, however, that in
12 determining the amount and nature of services for which a
13 person may qualify, consideration shall not be given to the
14 value of cash, property, or other assets held in the name of
15 the person's spouse pursuant to a written agreement dividing
16 marital property into equal but separate shares or pursuant
17 to a transfer of the person's interest in a home to his
18 spouse, provided that the spouse's share of the marital
19 property is not made available to the person seeking such
20 services. The Department shall, in conjunction with the
21 Department of Public Aid, seek appropriate amendments under
22 Sections 1915 and 1924 of the Social Security Act. The
23 purpose of the amendments shall be to extend eligibility for
24 home and community based services under Sections 1915 and
25 1924 of the Social Security Act to persons who transfer to or
26 for the benefit of a spouse those amounts of income and
27 resources allowed under Section 1924 of the Social Security
28 Act. Subject to the approval of such amendments, the
29 Department shall extend the provisions of Section 5-4 of the
30 Illinois Public Aid Code to persons who, but for the
31 provision of home or community-based services, would require
32 the level of care provided in an institution, as is provided
33 for in federal law. Those persons no longer found to be
34 eligible for receiving noninstitutional services due to
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1 changes in the eligibility criteria shall be given 60 days
2 notice prior to actual termination. Those persons receiving
3 notice of termination may contact the Department and request
4 the determination be appealed at any time during the 60 day
5 notice period. With the exception of the lengthened notice
6 and time frame for the appeal request, the appeal process
7 shall follow the normal procedure. In addition, each person
8 affected regardless of the circumstances for discontinued
9 eligibility shall be given notice and the opportunity to
10 purchase the necessary services through the Community Care
11 Program. If the individual does not elect to purchase
12 services, the Department shall advise the individual of
13 alternative services. The target population identified for
14 the purposes of this Section are persons age 60 and older
15 with an identified service need. Priority shall be given to
16 those who are at imminent risk of institutionalization. The
17 services shall be provided to eligible persons age 60 and
18 older to the extent that the cost of the services together
19 with the other personal maintenance expenses of the persons
20 are reasonably related to the standards established for care
21 in a group facility appropriate to the person's condition.
22 These non-institutional services, pilot projects or
23 experimental facilities may be provided as part of or in
24 addition to those authorized by federal law or those funded
25 and administered by the Department of Rehabilitation
26 Services. The Departments of Rehabilitation Services, Public
27 Aid, Mental Health and Developmental Disabilities, Public
28 Health, Veterans' Affairs, and Commerce and Community Affairs
29 and other appropriate agencies of State, federal and local
30 governments shall cooperate with the Department on Aging in
31 the establishment and development of the non-institutional
32 services. The Department shall require an annual audit from
33 all chore/housekeeping and homemaker vendors contracting with
34 the Department under this Section. The annual audit shall
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1 assure that each audited vendor's procedures are in
2 compliance with Department's financial reporting guidelines
3 requiring a 27% administrative cost split and a 73% employee
4 wages and benefits cost split. The audit is a public record
5 under the Freedom of Information Act. The Department shall
6 execute, relative to the nursing home prescreening project,
7 written inter-agency agreements with the Department of
8 Rehabilitation Services and the Department of Public Aid, to
9 effect the following: (1) intake procedures and common
10 eligibility criteria for those persons who are receiving
11 non-institutional services; and (2) the establishment and
12 development of non-institutional services in areas of the
13 State where they are not currently available or are
14 undeveloped. On and after July 1, 1996, all nursing home
15 prescreenings for individuals 60 years of age or older shall
16 be conducted by the Department.
17 The Department is authorized to establish a system of
18 recipient copayment for services provided under this Section,
19 such copayment to be based upon the recipient's ability to
20 pay but in no case to exceed the actual cost of the services
21 provided. Additionally, any portion of a person's income
22 which is equal to or less than the federal poverty standard
23 shall not be considered by the Department in determining the
24 copayment. The level of such copayment shall be adjusted
25 whenever necessary to reflect any change in the officially
26 designated federal poverty standard.
27 The Department, or the Department's authorized
28 representative, shall recover the amount of moneys expended
29 for services provided to or in behalf of a person under this
30 Section by a claim against the person's estate or against the
31 estate of the person's surviving spouse, but no recovery may
32 be had until after the death of the surviving spouse, if any,
33 and then only at such time when there is no surviving child
34 who is under age 21, blind, or permanently and totally
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1 disabled. This paragraph, however, shall not bar recovery,
2 at the death of the person, of moneys for services provided
3 to the person or in behalf of the person under this Section
4 to which the person was not entitled; provided that such
5 recovery shall not be enforced against any real estate while
6 it is occupied as a homestead by the surviving spouse or
7 other dependent, if no claims by other creditors have been
8 filed against the estate, or, if such claims have been filed,
9 they remain dormant for failure of prosecution or failure of
10 the claimant to compel administration of the estate for the
11 purpose of payment. This paragraph shall not bar recovery
12 from the estate of a spouse, under Sections 1915 and 1924 of
13 the Social Security Act and Section 5-4 of the Illinois
14 Public Aid Code, who precedes a person receiving services
15 under this Section in death. All moneys for services paid to
16 or in behalf of the person under this Section shall be
17 claimed for recovery from the deceased spouse's estate.
18 "Homestead", as used in this paragraph, means the dwelling
19 house and contiguous real estate occupied by a surviving
20 spouse or relative, as defined by the rules and regulations
21 of the Illinois Department of Public Aid, regardless of the
22 value of the property.
23 The Department shall develop procedures to enhance
24 availability of services on evenings, weekends, and on an
25 emergency basis to meet the respite needs of caregivers.
26 Procedures shall be developed to permit the utilization of
27 services in successive blocks of 24 hours up to the monthly
28 maximum established by the Department. Workers providing
29 these services shall be appropriately trained.
30 The Department shall work in conjunction with the
31 Alzheimer's Task Force and members of the Alzheimer's
32 Association and other senior citizens' organizations in
33 developing these procedures by December 30, 1991.
34 Beginning on the effective date of this Amendatory Act of
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1 1991, no person may perform chore/housekeeping and homemaker
2 services under a program authorized by this Section unless
3 that person has been issued a certificate of pre-service to
4 do so by his or her employing agency. Information gathered
5 to effect such certification shall include (i) the person's
6 name, (ii) the date the person was hired by his or her
7 current employer, and (iii) the training, including dates and
8 levels. Persons engaged in the program authorized by this
9 Section before the effective date of this Amendatory Act of
10 1991 shall be issued a certificate of all pre- and in-service
11 training from his or her employer upon submitting the
12 necessary information. The employing agency shall be
13 required to retain records of all staff pre- and in-service
14 training, and shall provide such records to the Department
15 upon request and upon termination of the employer's contract
16 with the Department. In addition, the employing agency is
17 responsible for the issuance of certifications of in-service
18 training completed to their employees.
19 The Department is required to develop a system to ensure
20 that persons working as homemakers and chore housekeepers
21 receive increases in their wages when the federal minimum
22 wage is increased by requiring vendors to certify that they
23 are meeting the federal minimum wage statute for homemakers
24 and chore housekeepers. An employer that cannot ensure that
25 the minimum wage increase is being given to homemakers and
26 chore housekeepers shall be denied any increase in
27 reimbursement costs.
28 The Department on Aging and the Department of
29 Rehabilitation Services shall cooperate in the development
30 and submission of an annual report on programs and services
31 provided under this Section. Such joint report shall be filed
32 with the Governor and the General Assembly on or before
33 September 30 each year.
34 The requirement for reporting to the General Assembly
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1 shall be satisfied by filing copies of the report with the
2 Speaker, the Minority Leader and the Clerk of the House of
3 Representatives and the President, the Minority Leader and
4 the Secretary of the Senate and the Legislative Research
5 Unit, as required by Section 3.1 of the General Assembly
6 Organization Act and filing such additional copies with the
7 State Government Report Distribution Center for the General
8 Assembly as is required under paragraph (t) of Section 7 of
9 the State Library Act.
10 Those persons previously found eligible for receiving
11 non-institutional services whose services were discontinued
12 under the Emergency Budget Act of Fiscal Year 1992, and who
13 do not meet the eligibility standards in effect on or after
14 July 1, 1992, shall remain ineligible on and after July 1,
15 1992. Those persons previously not required to cost-share
16 and who were required to cost-share effective March 1, 1992,
17 shall continue to meet cost-share requirements on and after
18 July 1, 1992. Beginning July 1, 1992, all clients will be
19 required to meet eligibility, cost-share, and other
20 requirements and will have services discontinued or altered
21 when they fail to meet these requirements.
22 (Source: P.A. 89-21, eff. 7-1-95.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 4.02. The Department shall establish a program of
25 services to prevent unnecessary institutionalization of
26 persons age 60 and older in need of long term care or who are
27 established as persons who suffer from Alzheimer's disease or
28 a related disorder under the Alzheimer's Disease Assistance
29 Act, thereby enabling them to remain in their own homes or in
30 other living arrangements. These Such preventive services,
31 which may be coordinated with other programs for the aged and
32 monitored by area agencies on aging in cooperation with the
33 Department, may include, but are not limited to, any one or
34 all of the following:
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1 (a) home health services.;
2 (b) home nursing services.;
3 (c) homemaker services.;
4 (d) chore and housekeeping services.;
5 (e) day care services.;
6 (f) home-delivered meals.;
7 (g) education in self-care.;
8 (h) personal care services.;
9 (i) adult day health services.;
10 (j) habilitation services.;
11 (k) respite care.; or
12 (l) other nonmedical social services that may enable the
13 person to become self-supporting.
14 The Department shall establish eligibility standards for
15 these such services taking into consideration the unique
16 economic and social needs of the target population for whom
17 they are to be provided. For purposes of this Section,
18 home-delivered meals provided to eligible individuals through
19 a nutrition provider funded by an area agency on aging shall
20 be considered a necessary preventive service. The Such
21 eligibility standards shall be based on the recipient's
22 ability to pay for services; provided, however, that in
23 determining the amount and nature of services for which a
24 person may qualify, consideration shall not be given to the
25 value of cash, property, or other assets held in the name of
26 the person's spouse pursuant to a written agreement dividing
27 marital property into equal but separate shares or pursuant
28 to a transfer of the person's interest in a home to his
29 spouse, provided that the spouse's share of the marital
30 property is not made available to the person seeking such
31 services. The Department shall, in conjunction with the
32 Department of Public Aid, seek appropriate amendments under
33 Sections 1915 and 1924 of the Social Security Act. The
34 purpose of the amendments shall be to extend eligibility for
-9- LRB9002235MWpc
1 home and community based services under Sections 1915 and
2 1924 of the Social Security Act to persons who transfer to or
3 for the benefit of a spouse those amounts of income and
4 resources allowed under Section 1924 of the Social Security
5 Act. Subject to the approval of such amendments, the
6 Department shall extend the provisions of Section 5-4 of the
7 Illinois Public Aid Code to persons who, but for the
8 provision of home or community-based services, would require
9 the level of care provided in an institution, as is provided
10 for in federal law. Those persons no longer found to be
11 eligible for receiving noninstitutional services due to
12 changes in the eligibility criteria shall be given 60 days
13 notice prior to actual termination. Those persons receiving
14 notice of termination may contact the Department and request
15 the determination be appealed at any time during the 60 day
16 notice period. With the exception of the lengthened notice
17 and time frame for the appeal request, the appeal process
18 shall follow the normal procedure. In addition, each person
19 affected regardless of the circumstances for discontinued
20 eligibility shall be given notice and the opportunity to
21 purchase the necessary services through the Community Care
22 Program. If the individual does not elect to purchase
23 services, the Department shall advise the individual of
24 alternative services. The target population identified for
25 the purposes of this Section are persons age 60 and older
26 with an identified service need. Priority shall be given to
27 those who are at imminent risk of institutionalization. The
28 services shall be provided to eligible persons age 60 and
29 older to the extent that the cost of the services together
30 with the other personal maintenance expenses of the persons
31 are reasonably related to the standards established for care
32 in a group facility appropriate to the person's condition.
33 These non-institutional services, pilot projects or
34 experimental facilities may be provided as part of or in
-10- LRB9002235MWpc
1 addition to those authorized by federal law or those funded
2 and administered by the Department of Human Services. The
3 Departments of Human Services, Public Aid, Public Health,
4 Veterans' Affairs, and Commerce and Community Affairs and
5 other appropriate agencies of State, federal and local
6 governments shall cooperate with the Department on Aging in
7 the establishment and development of the non-institutional
8 services. The Department shall require an annual audit from
9 all chore/housekeeping and homemaker vendors contracting with
10 the Department under this Section. The annual audit shall
11 assure that each audited vendor's procedures are in
12 compliance with Department's financial reporting guidelines
13 requiring a 27% administrative cost split and a 73% employee
14 wages and benefits cost split. The audit is a public record
15 under the Freedom of Information Act. The Department shall
16 execute, relative to the nursing home prescreening project,
17 written inter-agency agreements with the Department of Human
18 Services and the Department of Public Aid, to effect the
19 following: (1) intake procedures and common eligibility
20 criteria for those persons who are receiving
21 non-institutional services; and (2) the establishment and
22 development of non-institutional services in areas of the
23 State where they are not currently available or are
24 undeveloped. On and after July 1, 1996, all nursing home
25 prescreenings for individuals 60 years of age or older shall
26 be conducted by the Department.
27 The Department is authorized to establish a system of
28 recipient copayment for services provided under this Section,
29 such copayment to be based upon the recipient's ability to
30 pay but in no case to exceed the actual cost of the services
31 provided. Additionally, any portion of a person's income
32 which is equal to or less than the federal poverty standard
33 shall not be considered by the Department in determining the
34 copayment. The level of such copayment shall be adjusted
-11- LRB9002235MWpc
1 whenever necessary to reflect any change in the officially
2 designated federal poverty standard.
3 The Department, or the Department's authorized
4 representative, shall recover the amount of moneys expended
5 for services provided to or in behalf of a person under this
6 Section by a claim against the person's estate or against the
7 estate of the person's surviving spouse, but no recovery may
8 be had until after the death of the surviving spouse, if any,
9 and then only at such time when there is no surviving child
10 who is under age 21, blind, or permanently and totally
11 disabled. This paragraph, however, shall not bar recovery,
12 at the death of the person, of moneys for services provided
13 to the person or in behalf of the person under this Section
14 to which the person was not entitled; provided that such
15 recovery shall not be enforced against any real estate while
16 it is occupied as a homestead by the surviving spouse or
17 other dependent, if no claims by other creditors have been
18 filed against the estate, or, if such claims have been filed,
19 they remain dormant for failure of prosecution or failure of
20 the claimant to compel administration of the estate for the
21 purpose of payment. This paragraph shall not bar recovery
22 from the estate of a spouse, under Sections 1915 and 1924 of
23 the Social Security Act and Section 5-4 of the Illinois
24 Public Aid Code, who precedes a person receiving services
25 under this Section in death. All moneys for services paid to
26 or in behalf of the person under this Section shall be
27 claimed for recovery from the deceased spouse's estate.
28 "Homestead", as used in this paragraph, means the dwelling
29 house and contiguous real estate occupied by a surviving
30 spouse or relative, as defined by the rules and regulations
31 of the Illinois Department of Public Aid, regardless of the
32 value of the property.
33 The Department shall develop procedures to enhance
34 availability of services on evenings, weekends, and on an
-12- LRB9002235MWpc
1 emergency basis to meet the respite needs of caregivers.
2 Procedures shall be developed to permit the utilization of
3 services in successive blocks of 24 hours up to the monthly
4 maximum established by the Department. Workers providing
5 these services shall be appropriately trained.
6 The Department shall work in conjunction with the
7 Alzheimer's Task Force and members of the Alzheimer's
8 Association and other senior citizens' organizations in
9 developing these procedures by December 30, 1991.
10 Beginning on the effective date of this Amendatory Act of
11 1991, no person may perform chore/housekeeping and homemaker
12 services under a program authorized by this Section unless
13 that person has been issued a certificate of pre-service to
14 do so by his or her employing agency. Information gathered
15 to effect such certification shall include (i) the person's
16 name, (ii) the date the person was hired by his or her
17 current employer, and (iii) the training, including dates and
18 levels. Persons engaged in the program authorized by this
19 Section before the effective date of this amendatory Act of
20 1991 shall be issued a certificate of all pre- and in-service
21 training from his or her employer upon submitting the
22 necessary information. The employing agency shall be
23 required to retain records of all staff pre- and in-service
24 training, and shall provide such records to the Department
25 upon request and upon termination of the employer's contract
26 with the Department. In addition, the employing agency is
27 responsible for the issuance of certifications of in-service
28 training completed to their employees.
29 The Department is required to develop a system to ensure
30 that persons working as homemakers and chore housekeepers
31 receive increases in their wages when the federal minimum
32 wage is increased by requiring vendors to certify that they
33 are meeting the federal minimum wage statute for homemakers
34 and chore housekeepers. An employer that cannot ensure that
-13- LRB9002235MWpc
1 the minimum wage increase is being given to homemakers and
2 chore housekeepers shall be denied any increase in
3 reimbursement costs.
4 The Department on Aging and the Department of Human
5 Services shall cooperate in the development and submission of
6 an annual report on programs and services provided under this
7 Section. Such joint report shall be filed with the Governor
8 and the General Assembly on or before September 30 each year.
9 The requirement for reporting to the General Assembly
10 shall be satisfied by filing copies of the report with the
11 Speaker, the Minority Leader and the Clerk of the House of
12 Representatives and the President, the Minority Leader and
13 the Secretary of the Senate and the Legislative Research
14 Unit, as required by Section 3.1 of the General Assembly
15 Organization Act and filing such additional copies with the
16 State Government Report Distribution Center for the General
17 Assembly as is required under paragraph (t) of Section 7 of
18 the State Library Act.
19 Those persons previously found eligible for receiving
20 non-institutional services whose services were discontinued
21 under the Emergency Budget Act of Fiscal Year 1992, and who
22 do not meet the eligibility standards in effect on or after
23 July 1, 1992, shall remain ineligible on and after July 1,
24 1992. Those persons previously not required to cost-share
25 and who were required to cost-share effective March 1, 1992,
26 shall continue to meet cost-share requirements on and after
27 July 1, 1992. Beginning July 1, 1992, all clients will be
28 required to meet eligibility, cost-share, and other
29 requirements and will have services discontinued or altered
30 when they fail to meet these requirements.
31 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.