State of Illinois
92nd General Assembly
Legislation

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92_HB2650

 
                                               LRB9205546TAtm

 1        AN ACT in relation to aging.

 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.  Assisted living;  noninstitutional  services.
 8    The  Department  shall  establish  a  program  of services to
 9    prevent unnecessary institutionalization of  persons  age  60
10    and older in need of long term care or who are established as
11    persons  who  suffer  from  Alzheimer's  disease or a related
12    disorder  under  the  Alzheimer's  Disease  Assistance   Act,
13    thereby  enabling  them  to  remain  in their own homes or in
14    other living arrangements.  Such preventive  services,  which
15    may  be  coordinated  with  other  programs  for the aged and
16    monitored by area agencies on aging in cooperation  with  the
17    Department,  may  include, but are not limited to, any or all
18    of the following:
19             (a)  home health services;
20             (b)  home nursing services;
21             (c)  homemaker services;
22             (d)  chore and housekeeping services;
23             (e)  day care services;
24             (f)  home-delivered meals;
25             (g)  education in self-care;
26             (h)  personal care services;
27             (i)  adult day health services;
28             (j)  habilitation services;
29             (k)  respite care;
30             (l)  other  nonmedical  social  services  that   may
31        enable the person to become self-supporting; or
 
                            -2-                LRB9205546TAtm
 1             (m)  clearinghouse   for   information  provided  by
 2        senior citizen home owners who want to rent rooms  to  or
 3        share living space with other senior citizens.
 4        The  Department shall establish eligibility standards for
 5    such services taking into consideration the  unique  economic
 6    and  social  needs of the target population for whom they are
 7    to be provided. Such eligibility standards shall be based  on
 8    the  recipient's  ability  to  pay  for  services;  provided,
 9    however,  that  in  determining  the  amount  and  nature  of
10    services  for which a person may qualify, consideration shall
11    not be given to the value of cash, property or  other  assets
12    held in the name of the person's spouse pursuant to a written
13    agreement  dividing  marital property into equal but separate
14    shares or pursuant to a transfer of the person's interest  in
15    a home to his spouse, provided that the spouse's share of the
16    marital  property is not made available to the person seeking
17    such services. The Department shall, in conjunction with  the
18    Department  of  Public Aid, seek appropriate amendments under
19    Sections 1915 and 1924  of  the  Social  Security  Act.   The
20    purpose  of the amendments shall be to extend eligibility for
21    home and community based services  under  Sections  1915  and
22    1924 of the Social Security Act to persons who transfer to or
23    for  the  benefit  of  a  spouse  those amounts of income and
24    resources allowed under Section 1924 of the  Social  Security
25    Act.   Subject  to  the  approval  of  such  amendments,  the
26    Department  shall extend the provisions of Section 5-4 of the
27    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
28    provision of home or community-based services, would  require
29    the  level of care provided in an institution, as is provided
30    for in federal law. Those  persons  no  longer  found  to  be
31    eligible  for  receiving  noninstitutional  services  due  to
32    changes  in  the  eligibility criteria shall be given 60 days
33    notice prior to actual termination. Those  persons  receiving
34    notice  of termination may contact the Department and request
 
                            -3-                LRB9205546TAtm
 1    the determination be appealed at any time during the  60  day
 2    notice  period.  With  the exception of the lengthened notice
 3    and time frame for the appeal  request,  the  appeal  process
 4    shall  follow  the normal procedure. In addition, each person
 5    affected regardless of  the  circumstances  for  discontinued
 6    eligibility  shall  be  given  notice  and the opportunity to
 7    purchase the necessary services through  the  Community  Care
 8    Program.   If  the  individual  does  not  elect  to purchase
 9    services, the  Department  shall  advise  the  individual  of
10    alternative  services.  The  target population identified for
11    the purposes of this Section are persons  age  60  and  older
12    with  an identified service need.  Priority shall be given to
13    those who are at imminent risk of institutionalization.   The
14    services  shall  be  provided  to eligible persons age 60 and
15    older to the extent that the cost of  the  services  together
16    with  the  other personal maintenance expenses of the persons
17    are reasonably related to the standards established for  care
18    in  a  group  facility appropriate to the person's condition.
19    These   non-institutional   services,   pilot   projects   or
20    experimental facilities may be provided  as  part  of  or  in
21    addition  to  those authorized by federal law or those funded
22    and administered by the Department of  Human  Services.   The
23    Departments  of  Human  Services,  Public Aid, Public Health,
24    Veterans' Affairs, and Commerce  and  Community  Affairs  and
25    other  appropriate  agencies  of  State,  federal  and  local
26    governments  shall  cooperate with the Department on Aging in
27    the establishment and development  of  the  non-institutional
28    services.   The Department shall require an annual audit from
29    all chore/housekeeping and homemaker vendors contracting with
30    the Department under this Section.  The  annual  audit  shall
31    assure   that   each   audited  vendor's  procedures  are  in
32    compliance with Department's financial  reporting  guidelines
33    requiring  a 27% administrative cost split and a 73% employee
34    wages and benefits cost split.  The audit is a public  record
 
                            -4-                LRB9205546TAtm
 1    under  the  Freedom of Information Act.  The Department shall
 2    execute, relative to the nursing home  prescreening  project,
 3    written  inter-agency agreements with the Department of Human
 4    Services and the Department of  Public  Aid,  to  effect  the
 5    following:   (1)  intake  procedures  and  common eligibility
 6    criteria   for    those    persons    who    are    receiving
 7    non-institutional  services;  and  (2)  the establishment and
 8    development of non-institutional services  in  areas  of  the
 9    State   where   they  are  not  currently  available  or  are
10    undeveloped. On and after July  1,  1996,  all  nursing  home
11    prescreenings  for individuals 60 years of age or older shall
12    be conducted by the Department.
13        The Department is authorized to  establish  a  system  of
14    recipient copayment for services provided under this Section,
15    such  copayment  to  be based upon the recipient's ability to
16    pay but in no case to exceed the actual cost of the  services
17    provided.  Additionally,  any  portion  of  a person's income
18    which is equal to or less than the federal  poverty  standard
19    shall  not be considered by the Department in determining the
20    copayment. The level of  such  copayment  shall  be  adjusted
21    whenever  necessary  to  reflect any change in the officially
22    designated federal poverty standard.
23        The   Department,   or   the   Department's    authorized
24    representative,  shall  recover the amount of moneys expended
25    for services provided to or in behalf of a person under  this
26    Section by a claim against the person's estate or against the
27    estate  of the person's surviving spouse, but no recovery may
28    be had until after the death of the surviving spouse, if any,
29    and then only at such time when there is no  surviving  child
30    who  is  under  age  21,  blind,  or  permanently and totally
31    disabled.  This paragraph, however, shall not  bar  recovery,
32    at  the  death of the person, of moneys for services provided
33    to the person or in behalf of the person under  this  Section
34    to  which  the  person  was  not entitled; provided that such
 
                            -5-                LRB9205546TAtm
 1    recovery shall not be enforced against any real estate  while
 2    it  is  occupied  as  a  homestead by the surviving spouse or
 3    other dependent, if no claims by other  creditors  have  been
 4    filed against the estate, or, if such claims have been filed,
 5    they  remain dormant for failure of prosecution or failure of
 6    the claimant to compel administration of the estate  for  the
 7    purpose  of  payment.   This paragraph shall not bar recovery
 8    from the estate of a spouse, under Sections 1915 and 1924  of
 9    the  Social  Security  Act  and  Section  5-4 of the Illinois
10    Public Aid Code, who precedes  a  person  receiving  services
11    under this Section in death.  All moneys for services paid to
12    or  in  behalf  of  the  person  under  this Section shall be
13    claimed for  recovery  from  the  deceased  spouse's  estate.
14    "Homestead",  as  used  in this paragraph, means the dwelling
15    house and contiguous real  estate  occupied  by  a  surviving
16    spouse  or  relative, as defined by the rules and regulations
17    of the Illinois Department of Public Aid, regardless  of  the
18    value of the property.
19        The   Department  shall  develop  procedures  to  enhance
20    availability of services on evenings,  weekends,  and  on  an
21    emergency  basis  to  meet  the  respite needs of caregivers.
22    Procedures shall be developed to permit  the  utilization  of
23    services  in  successive blocks of 24 hours up to the monthly
24    maximum established by the  Department.    Workers  providing
25    these services shall be appropriately trained.
26        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
 
                            -6-                LRB9205546TAtm
 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.
20        The  Department  on  Aging  and  the  Department of Human
21    Services shall cooperate in the development and submission of
22    an annual report on programs and services provided under this
23    Section.  Such joint report shall be filed with the  Governor
24    and the General Assembly on or before September 30 each year.
25        The  requirement  for  reporting  to the General Assembly
26    shall be satisfied by filing copies of the  report  with  the
27    Speaker,  the  Minority  Leader and the Clerk of the House of
28    Representatives and the President, the  Minority  Leader  and
29    the  Secretary  of  the  Senate  and the Legislative Research
30    Unit, as required by Section  3.1  of  the  General  Assembly
31    Organization  Act  and filing such additional copies with the
32    State Government Report Distribution Center for  the  General
33    Assembly  as  is required under paragraph (t) of Section 7 of
34    the State Library Act.
 
                            -7-                LRB9205546TAtm
 1        Those persons previously  found  eligible  for  receiving
 2    non-institutional  services  whose services were discontinued
 3    under the Emergency Budget Act of Fiscal Year 1992,  and  who
 4    do  not  meet the eligibility standards in effect on or after
 5    July 1, 1992, shall remain ineligible on and  after  July  1,
 6    1992.   Those  persons  previously not required to cost-share
 7    and who were required to cost-share effective March 1,  1992,
 8    shall  continue  to meet cost-share requirements on and after
 9    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
10    required   to   meet   eligibility,   cost-share,  and  other
11    requirements and will have services discontinued  or  altered
12    when they fail to meet these requirements.
13    (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.)

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