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91_HB1831eng HB1831 Engrossed LRB9102174PTpk 1 AN ACT regarding preventitive services administration. 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 Sec. 4.02. Preventive services. The Department shall 8 establish a program of services to prevent unnecessary 9 institutionalization of persons age 60 and older in need of 10 long term care or who are established as persons who suffer 11 from Alzheimer's disease or a related disorder under the 12 Alzheimer's Disease Assistance Act, thereby enabling them to 13 remain in their own homes or in other living arrangements. 14 Such preventive services, which may be coordinated with other 15 programs for the aged and monitored by area agencies on aging 16 in cooperation with the Department, may include, but are not 17 limited to, any or all of the following: 18 (a) home health services; 19 (b) home nursing services; 20 (c) homemaker services; 21 (d) chore and housekeeping services; 22 (e) day care services; 23 (f) home-delivered meals; 24 (g) education in self-care; 25 (h) personal care services; 26 (i) adult day health services; 27 (j) habilitation services; 28 (k) respite care; or 29 (l) other nonmedical social services that may enable the 30 person to become self-supporting. 31 The Department shall establish eligibility standards for HB1831 Egrossed -2- LRB9102174PTpk 1 such services taking into consideration the unique economic 2 and social needs of the target population for whom they are 3 to be provided. Such eligibility standards shall be based on 4 the recipient's ability to pay for services; provided, 5 however, that in determining the amount and nature of 6 services for which a person may qualify, consideration shall 7 not be given to the value of cash, property or other assets 8 held in the name of the person's spouse pursuant to a written 9 agreement dividing marital property into equal but separate 10 shares or pursuant to a transfer of the person's interest in 11 a home to his spouse, provided that the spouse's share of the 12 marital property is not made available to the person seeking 13 such services. The Department shall, in conjunction with the 14 Department of Public Aid, seek appropriate amendments under 15 Sections 1915 and 1924 of the Social Security Act. The 16 purpose of the amendments shall be to extend eligibility for 17 home and community based services under Sections 1915 and 18 1924 of the Social Security Act to persons who transfer to or 19 for the benefit of a spouse those amounts of income and 20 resources allowed under Section 1924 of the Social Security 21 Act. Subject to the approval of such amendments, the 22 Department shall extend the provisions of Section 5-4 of the 23 Illinois Public Aid Code to persons who, but for the 24 provision of home or community-based services, would require 25 the level of care provided in an institution, as is provided 26 for in federal law. Those persons no longer found to be 27 eligible for receiving noninstitutional services due to 28 changes in the eligibility criteria shall be given 60 days 29 notice prior to actual termination. Those persons receiving 30 notice of termination may contact the Department and request 31 the determination be appealed at any time during the 60 day 32 notice period. With the exception of the lengthened notice 33 and time frame for the appeal request, the appeal process 34 shall follow the normal procedure. In addition, each person HB1831 Egrossed -3- LRB9102174PTpk 1 affected regardless of the circumstances for discontinued 2 eligibility shall be given notice and the opportunity to 3 purchase the necessary services through the Community Care 4 Program. If the individual does not elect to purchase 5 services, the Department shall advise the individual of 6 alternative services. The target population identified for 7 the purposes of this Section are persons age 60 and older 8 with an identified service need. Priority shall be given to 9 those who are at imminent risk of institutionalization. The 10 services shall be provided to eligible persons age 60 and 11 older to the extent that the cost of the services together 12 with the other personal maintenance expenses of the persons 13 are reasonably related to the standards established for care 14 in a group facility appropriate to the person's condition. 15 These non-institutional services, pilot projects or 16 experimental facilities may be provided as part of or in 17 addition to those authorized by federal law or those funded 18 and administered by the Department of Human Services. The 19 Departments of Human Services, Public Aid, Public Health, 20 Veterans' Affairs, and Commerce and Community Affairs and 21 other appropriate agencies of State, federal and local 22 governments shall cooperate with the Department on Aging in 23 the establishment and development of the non-institutional 24 services. The Department shall require an annual audit from 25 all chore/housekeeping and homemaker vendors contracting with 26 the Department under this Section. The annual audit shall 27 assure that each audited vendor's procedures are in 28 compliance with Department's financial reporting guidelines 29 requiring a 27% administrative cost split and a 73% employee 30 wages and benefits cost split. The audit is a public record 31 under the Freedom of Information Act. The Department shall 32 execute, relative to the nursing home prescreening project, 33 written inter-agency agreements with the Department of Human 34 Services and the Department of Public Aid, to effect the HB1831 Egrossed -4- LRB9102174PTpk 1 following: (1) intake procedures and common eligibility 2 criteria for those persons who are receiving 3 non-institutional services; and (2) the establishment and 4 development of non-institutional services in areas of the 5 State where they are not currently available or are 6 undeveloped. On and after July 1, 1996, all nursing home 7 prescreenings for individuals 60 years of age or older shall 8 be conducted by the Department. 9 The Department is authorized to establish a system of 10 recipient copayment for services provided under this Section, 11 such copayment to be based upon the recipient's ability to 12 pay but in no case to exceed the actual cost of the services 13 provided. Additionally, any portion of a person's income 14 which is equal to or less than the federal poverty standard 15 shall not be considered by the Department in determining the 16 copayment. The level of such copayment shall be adjusted 17 whenever necessary to reflect any change in the officially 18 designated federal poverty standard. 19 The Department, or the Department's authorized 20 representative, shall recover the amount of moneys expended 21 for services provided to or in behalf of a person under this 22 Section by a claim against the person's estate or against the 23 estate of the person's surviving spouse, but no recovery may 24 be had until after the death of the surviving spouse, if any, 25 and then only at such time when there is no surviving child 26 who is under age 21, blind, or permanently and totally 27 disabled. This paragraph, however, shall not bar recovery, 28 at the death of the person, of moneys for services provided 29 to the person or in behalf of the person under this Section 30 to which the person was not entitled; provided that such 31 recovery shall not be enforced against any real estate while 32 it is occupied as a homestead by the surviving spouse or 33 other dependent, if no claims by other creditors have been 34 filed against the estate, or, if such claims have been filed, HB1831 Egrossed -5- LRB9102174PTpk 1 they remain dormant for failure of prosecution or failure of 2 the claimant to compel administration of the estate for the 3 purpose of payment. This paragraph shall not bar recovery 4 from the estate of a spouse, under Sections 1915 and 1924 of 5 the Social Security Act and Section 5-4 of the Illinois 6 Public Aid Code, who precedes a person receiving services 7 under this Section in death. All moneys for services paid to 8 or in behalf of the person under this Section shall be 9 claimed for recovery from the deceased spouse's estate. 10 "Homestead", as used in this paragraph, means the dwelling 11 house and contiguous real estate occupied by a surviving 12 spouse or relative, as defined by the rules and regulations 13 of the Illinois Department of Public Aid, regardless of the 14 value of the property. 15 The Department shall develop procedures to enhance 16 availability of services on evenings, weekends, and on an 17 emergency basis to meet the respite needs of caregivers. 18 Procedures shall be developed to permit the utilization of 19 services in successive blocks of 24 hours up to the monthly 20 maximum established by the Department. Workers providing 21 these services shall be appropriately trained. 22 The Department shall work in conjunction with the 23 Alzheimer's Task Force and members of the Alzheimer's 24 Association and other senior citizens' organizations in 25 developing these procedures by December 30, 1991. 26 Beginning on the effective date of this Amendatory Act of 27 1991, no person may perform chore/housekeeping and homemaker 28 services under a program authorized by this Section unless 29 that person has been issued a certificate of pre-service to 30 do so by his or her employing agency. Information gathered 31 to effect such certification shall include (i) the person's 32 name, (ii) the date the person was hired by his or her 33 current employer, and (iii) the training, including dates and 34 levels. Persons engaged in the program authorized by this HB1831 Egrossed -6- LRB9102174PTpk 1 Section before the effective date of this amendatory Act of 2 1991 shall be issued a certificate of all pre- and in-service 3 training from his or her employer upon submitting the 4 necessary information. The employing agency shall be 5 required to retain records of all staff pre- and in-service 6 training, and shall provide such records to the Department 7 upon request and upon termination of the employer's contract 8 with the Department. In addition, the employing agency is 9 responsible for the issuance of certifications of in-service 10 training completed to their employees. 11 The Department is required to develop a system to ensure 12 that persons working as homemakers and chore housekeepers 13 receive increases in their wages when the federal minimum 14 wage is increased by requiring vendors to certify that they 15 are meeting the federal minimum wage statute for homemakers 16 and chore housekeepers. An employer that cannot ensure that 17 the minimum wage increase is being given to homemakers and 18 chore housekeepers shall be denied any increase in 19 reimbursement costs. Beginning July 1, 1999, the vendors 20 shall receive a rate increase of at least 3% but no more than 21 5% on July 1 of each year based on the percentage change in 22 the consumer price index-u during the preceding 12-month 23 calendar year. "Consumer price index-u" means the index 24 published by the Bureau of Labor Statistics of the United 25 States Department of Labor that measures the average change 26 in prices of goods and services purchased by all urban 27 consumers, United States city average, all items, 1982-84 = 28 100. If this index is no longer published, the Department 29 shall use a comparable substitute index as determined by 30 rule. 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 HB1831 Egrossed -7- LRB9102174PTpk 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 the 29 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 HB1831 Egrossed -8- LRB9102174PTpk 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 HB1831 Egrossed -9- LRB9102174PTpk 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 HB1831 Egrossed -10- LRB9102174PTpk 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. These 25 non-institutional services, pilot projects or experimental 26 facilities may be provided as part of or in addition to those 27 authorized by federal law or those funded and administered by 28 the Illinois Department on Aging. 29 Personal care attendants shall be paid: 30 (i) A $5 per hour minimum rate beginning July 1, 31 1995. 32 (ii) A $5.30 per hour minimum rate beginning July 33 1, 1997. 34 (iii) A $5.40 per hour minimum rate beginning July HB1831 Egrossed -11- LRB9102174PTpk 1 1, 1998. 2 Beginning July 1, 1999, personal care attendants shall 3 receive an automatic cost of living allowance of at least 3% 4 but no more than 5% on July 1 of each year based on the 5 percentage change in the consumer price index-u during the 6 preceding 12-month calendar year. "Consumer price index-u" 7 means the index published by the Bureau of Labor Statistics 8 of the United States Department of Labor that measures the 9 average change in prices of goods and services purchased by 10 all urban consumers, United States city average, all items, 11 1982-84 = 100. If this index is no longer published, the 12 Department shall use a comparable substitute index as 13 determined by rule. 14 The Department shall execute, relative to the nursing 15 home prescreening project, as authorized by Section 4.03 of 16 the Illinois Act on the Aging, written inter-agency 17 agreements with the Department on Aging and the Department of 18 Public Aid, to effect the following: (i) intake procedures 19 and common eligibility criteria for those persons who are 20 receiving non-institutional services; and (ii) the 21 establishment and development of non-institutional services 22 in areas of the State where they are not currently available 23 or are undeveloped. On and after July 1, 1996, all nursing 24 home prescreenings for individuals 18 through 59 years of age 25 shall be conducted by the Department. 26 The Department is authorized to establish a system of 27 recipient cost-sharing for services provided under this 28 Section. The cost-sharing shall be based upon the 29 recipient's ability to pay for services, but in no case shall 30 the recipient's share exceed the actual cost of the services 31 provided. Protected income shall not be considered by the 32 Department in its determination of the recipient's ability to 33 pay a share of the cost of services. The level of 34 cost-sharing shall be adjusted each year to reflect changes HB1831 Egrossed -12- LRB9102174PTpk 1 in the "protected income" level. The Department shall deduct 2 from the recipient's share of the cost of services any money 3 expended by the recipient for disability-related expenses. 4 The Department, or the Department's authorized 5 representative, shall recover the amount of moneys expended 6 for services provided to or in behalf of a person under this 7 Section by a claim against the person's estate or against the 8 estate of the person's surviving spouse, but no recovery may 9 be had until after the death of the surviving spouse, if any, 10 and then only at such time when there is no surviving child 11 who is under age 21, blind, or permanently and totally 12 disabled. This paragraph, however, shall not bar recovery, 13 at the death of the person, of moneys for services provided 14 to the person or in behalf of the person under this Section 15 to which the person was not entitled; provided that such 16 recovery shall not be enforced against any real estate while 17 it is occupied as a homestead by the surviving spouse or 18 other dependent, if no claims by other creditors have been 19 filed against the estate, or, if such claims have been filed, 20 they remain dormant for failure of prosecution or failure of 21 the claimant to compel administration of the estate for the 22 purpose of payment. This paragraph shall not bar recovery 23 from the estate of a spouse, under Sections 1915 and 1924 of 24 the Social Security Act and Section 5-4 of the Illinois 25 Public Aid Code, who precedes a person receiving services 26 under this Section in death. All moneys for services paid to 27 or in behalf of the person under this Section shall be 28 claimed for recovery from the deceased spouse's estate. 29 "Homestead", as used in this paragraph, means the dwelling 30 house and contiguous real estate occupied by a surviving 31 spouse or relative, as defined by the rules and regulations 32 of the Illinois Department of Public Aid, regardless of the 33 value of the property. 34 The Department and the Department on Aging shall HB1831 Egrossed -13- LRB9102174PTpk 1 cooperate in the development and submission of an annual 2 report on programs and services provided under this Section. 3 Such joint report shall be filed with the Governor and the 4 General Assembly on or before September 30 each year. 5 The requirement for reporting to the General Assembly 6 shall be satisfied by filing copies of the report with the 7 Speaker, the Minority Leader and the Clerk of the House of 8 Representatives and the President, the Minority Leader and 9 the Secretary of the Senate and the Legislative Research 10 Unit, as required by Section 3.1 of the General Assembly 11 Organization Act, and filing additional copies with the State 12 Government Report Distribution Center for the General 13 Assembly as required under paragraph (t) of Section 7 of the 14 State Library Act. 15 (g) To establish such subdivisions of the Department as 16 shall be desirable and assign to the various subdivisions the 17 responsibilities and duties placed upon the Department by 18 law. 19 (h) To cooperate and enter into any necessary agreements 20 with the Department of Employment Security for the provision 21 of job placement and job referral services to clients of the 22 Department, including job service registration of such 23 clients with Illinois Employment Security offices and making 24 job listings maintained by the Department of Employment 25 Security available to such clients. 26 (i) To possess all powers reasonable and necessary for 27 the exercise and administration of the powers, duties and 28 responsibilities of the Department which are provided for by 29 law. 30 (j) To establish a procedure whereby new providers of 31 personal care attendant services shall submit vouchers to the 32 State for payment two times during their first month of 33 employment and one time per month thereafter. In no case 34 shall the Department pay personal care attendants an hourly HB1831 Egrossed -14- LRB9102174PTpk 1 wage that is less than the federal minimum wage. 2 (k) To provide adequate notice to providers of chore and 3 housekeeping services informing them that they are entitled 4 to an interest payment on bills which are not promptly paid 5 pursuant to Section 3 of the State Prompt Payment Act. 6 (l) To establish, operate and maintain a Statewide 7 Housing Clearinghouse of information on available, government 8 subsidized housing accessible to disabled persons and 9 available privately owned housing accessible to disabled 10 persons. The information shall include but not be limited to 11 the location, rental requirements, access features and 12 proximity to public transportation of available housing. The 13 Clearinghouse shall consist of at least a computerized 14 database for the storage and retrieval of information and a 15 separate or shared toll free telephone number for use by 16 those seeking information from the Clearinghouse. Department 17 offices and personnel throughout the State shall also assist 18 in the operation of the Statewide Housing Clearinghouse. 19 Cooperation with local, State and federal housing managers 20 shall be sought and extended in order to frequently and 21 promptly update the Clearinghouse's information. 22 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95; 23 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.) 24 Section 99. Effective date. This Act takes effect July 25 1, 1999.