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92_HB4965eng HB4965 Engrossed LRB9214235REmb 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 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; 29 (l) other nonmedical social services that may 30 enable the person to become self-supporting; or 31 (m) clearinghouse for information provided by HB4965 Engrossed -2- LRB9214235REmb 1 senior citizen home owners who want to rent rooms to or 2 share living space with other senior citizens. 3 The Department shall establish eligibility standards for 4 such services taking into consideration the unique economic 5 and social needs of the target population for whom they are 6 to be provided. Such eligibility standards shall be based on 7 the recipient's ability to pay for services; provided, 8 however, that in determining the amount and nature of 9 services for which a person may qualify, consideration shall 10 not be given to the value of cash, property or other assets 11 held in the name of the person's spouse pursuant to a written 12 agreement dividing marital property into equal but separate 13 shares or pursuant to a transfer of the person's interest in 14 a home to his spouse, provided that the spouse's share of the 15 marital property is not made available to the person seeking 16 such services. The Department shall, in conjunction with the 17 Department of Public Aid, seek appropriate amendments under 18 Sections 1915 and 1924 of the Social Security Act. The 19 purpose of the amendments shall be to extend eligibility for 20 home and community based services under Sections 1915 and 21 1924 of the Social Security Act to persons who transfer to or 22 for the benefit of a spouse those amounts of income and 23 resources allowed under Section 1924 of the Social Security 24 Act. Subject to the approval of such amendments, the 25 Department shall extend the provisions of Section 5-4 of the 26 Illinois Public Aid Code to persons who, but for the 27 provision of home or community-based services, would require 28 the level of care provided in an institution, as is provided 29 for in federal law. Those persons no longer found to be 30 eligible for receiving noninstitutional services due to 31 changes in the eligibility criteria shall be given 60 days 32 notice prior to actual termination. Those persons receiving 33 notice of termination may contact the Department and request 34 the determination be appealed at any time during the 60 day HB4965 Engrossed -3- LRB9214235REmb 1 notice period. With the exception of the lengthened notice 2 and time frame for the appeal request, the appeal process 3 shall follow the normal procedure. In addition, each person 4 affected regardless of the circumstances for discontinued 5 eligibility shall be given notice and the opportunity to 6 purchase the necessary services through the Community Care 7 Program. If the individual does not elect to purchase 8 services, the Department shall advise the individual of 9 alternative services. The target population identified for 10 the purposes of this Section are persons age 60 and older 11 with an identified service need. Priority shall be given to 12 those who are at imminent risk of institutionalization. The 13 services shall be provided to eligible persons age 60 and 14 older to the extent that the cost of the services together 15 with the other personal maintenance expenses of the persons 16 are reasonably related to the standards established for care 17 in a group facility appropriate to the person's condition. 18 These non-institutional services, pilot projects or 19 experimental facilities may be provided as part of or in 20 addition to those authorized by federal law or those funded 21 and administered by the Department of Human Services. The 22 Departments of Human Services, Public Aid, Public Health, 23 Veterans' Affairs, and Commerce and Community Affairs and 24 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 HB4965 Engrossed -4- LRB9214235REmb 1 execute, relative to the nursing home prescreening project, 2 written inter-agency agreements with the Department of Human 3 Services and the Department of Public Aid, to effect the 4 following: (1) intake procedures and common eligibility 5 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 HB4965 Engrossed -5- LRB9214235REmb 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 Beginning on the effective date of this Amendatory Act of 26 1991, no person may perform chore/housekeeping and homemaker 27 services under a program authorized by this Section unless 28 that person has been issued a certificate of pre-service to 29 do so by his or her employing agency. Information gathered 30 to effect such certification shall include (i) the person's 31 name, (ii) the date the person was hired by his or her 32 current employer, and (iii) the training, including dates and 33 levels. Persons engaged in the program authorized by this 34 Section before the effective date of this amendatory Act of HB4965 Engrossed -6- LRB9214235REmb 1 1991 shall be issued a certificate of all pre-service and 2 in-service training from his or her employer upon submitting 3 the necessary information. The employing agency shall be 4 required to retain records of all staff pre-service and 5 in-service training, and shall provide such records to the 6 Department upon request and upon termination of the 7 employer's contract with the Department. In addition, the 8 employing agency is responsible for the issuance of 9 certifications of in-service training completed to their 10 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, 2002, the vendors 20 shall receive a rate increase of $1.37 per hour. 21 The Department on Aging and the Department of Human 22 Services shall cooperate in the development and submission of 23 an annual report on programs and services provided under this 24 Section. Such joint report shall be filed with the Governor 25 and the General Assembly on or before September 30 each year. 26 The requirement for reporting to the General Assembly 27 shall be satisfied by filing copies of the report with the 28 Speaker, the Minority Leader and the Clerk of the House of 29 Representatives and the President, the Minority Leader and 30 the Secretary of the Senate and the Legislative Research 31 Unit, as required by Section 3.1 of the General Assembly 32 Organization Act and filing such additional copies with the 33 State Government Report Distribution Center for the General 34 Assembly as is required under paragraph (t) of Section 7 of HB4965 Engrossed -7- LRB9214235REmb 1 the State Library Act. 2 Those persons previously found eligible for receiving 3 non-institutional services whose services were discontinued 4 under the Emergency Budget Act of Fiscal Year 1992, and who 5 do not meet the eligibility standards in effect on or after 6 July 1, 1992, shall remain ineligible on and after July 1, 7 1992. Those persons previously not required to cost-share 8 and who were required to cost-share effective March 1, 1992, 9 shall continue to meet cost-share requirements on and after 10 July 1, 1992. Beginning July 1, 1992, all clients will be 11 required to meet eligibility, cost-share, and other 12 requirements and will have services discontinued or altered 13 when they fail to meet these requirements. 14 (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.) 15 Section 99. Effective date. This Act takes effect July 16 1, 2002.