Public Act 093-0902
 		





HB5057 Enrolled
LRB093 19045 AMC 44780 b






    AN ACT concerning seniors.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Act on the Aging is amended  by 
changing Section 4.02 and  by adding Section 4.12 as follows:
 



    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)



    Sec. 4.02. The Department shall establish a program of 
services to
prevent unnecessary institutionalization of 
persons age 60 and older in
need of long term care or who are 
established as persons who suffer from
Alzheimer's disease or a 
related disorder under the Alzheimer's Disease
Assistance Act, 
thereby enabling them
to remain in their own homes or in other 
living arrangements.  Such
preventive services, which may be 
coordinated with other programs for the
aged and monitored by 
area agencies on aging in cooperation with the
Department, may 
include, but are not limited to, any or all of the following:


        (a) home health services;


        (b) home nursing services;


        (c) homemaker services;


        (d) chore and housekeeping services;


        (e) day care services;


        (f) home-delivered meals;


        (g) education in self-care;


        (h) personal care services;


        (i) adult day health services;


        (j) habilitation services;


        (k) respite care;

        (k-5) community reintegration services;


        (l) other nonmedical social services that may enable 
    the person
to become self-supporting; or


        (m) clearinghouse for information provided by senior 
    citizen home owners
who want to rent rooms to or share 
    living space with other senior citizens.

    The Department shall establish eligibility standards for 
such
services taking into consideration the unique economic and 
social needs
of the target population for whom they are to be 
provided.  Such eligibility
standards shall be based on the 
recipient's ability to pay for services;
provided, however, 
that in determining the amount and nature of services
for which 
a person may qualify, consideration shall not be given to the

value of cash, property or other assets held in the name of the 
person's
spouse pursuant to a written agreement dividing 
marital property into equal
but separate shares or pursuant to 
a transfer of the person's interest in a
home to his spouse, 
provided that the spouse's share of the marital
property is not 
made available to the person seeking such services.

    Beginning July 1, 2002, the Department shall require as a 
condition of
eligibility that all financially eligible 
applicants and recipients apply
for medical assistance
under 
Article V of the Illinois Public Aid Code in accordance with 
rules
promulgated by the Department.

    The Department shall, in conjunction with the Department of 
Public Aid,
seek appropriate amendments under Sections 1915 and 
1924 of the Social
Security Act.  The purpose of the amendments 
shall be to extend eligibility
for home and community based 
services under Sections 1915 and 1924 of the
Social Security 
Act to persons who transfer to or for the benefit of a
spouse 
those amounts of income and resources allowed under Section 
1924 of
the Social Security Act.  Subject to the approval of 
such amendments, the
Department shall extend the provisions of 
Section 5-4 of the Illinois
Public Aid Code to persons who, but 
for the provision of home or
community-based services, would 
require the level of care provided in an
institution, as is 
provided for in federal law.  Those persons no longer
found to 
be eligible for receiving noninstitutional services due to 
changes
in the eligibility criteria shall be given 60 days 
notice prior to actual
termination.  Those persons receiving 
notice of termination may contact the
Department and request 
the determination be appealed at any time during the
60 day 
notice period.  With the exception of the lengthened notice and 
time
frame for the appeal request, the appeal process shall 
follow the normal
procedure.  In addition, each person affected 
regardless of the
circumstances for discontinued eligibility 
shall be given notice and the
opportunity to purchase the 
necessary services through the Community Care
Program.  If the 
individual does not elect to purchase services, the
Department 
shall advise the individual of alternative services.  The target

population identified for the purposes of this Section are 
persons age 60
and older with an identified service need.  
Priority shall be given to those
who are at imminent risk of 
institutionalization.  The services shall be
provided to 
eligible persons age 60 and older to the extent that the cost

of the services together with the other personal maintenance

expenses of the persons are reasonably related to the standards

established for care in a group facility appropriate to the 
person's
condition.  These non-institutional services, pilot 
projects or
experimental facilities may be provided as part of 
or in addition to
those authorized by federal law or those 
funded and administered by the
Department of Human Services.  
The Departments of Human Services, Public Aid,
Public Health, 
Veterans' Affairs, and Commerce and Economic Opportunity

Community Affairs and
other appropriate agencies of State, 
federal and local governments shall
cooperate with the 
Department on Aging in the establishment and development
of the 
non-institutional services.  The Department shall require an 
annual
audit from all chore/housekeeping and homemaker vendors 
contracting with
the Department under this Section.  The annual 
audit shall assure that each
audited vendor's procedures are in 
compliance with Department's financial
reporting guidelines 
requiring a 27% administrative cost split and a 73%
employee 
wages and benefits cost split.  The audit is a public record 
under
the Freedom of Information Act.  The Department shall 
execute, relative to
the nursing home prescreening project, 
written inter-agency
agreements with the Department of Human 
Services and the Department
of Public Aid, to effect the 
following:  (1) intake procedures and common
eligibility 
criteria for those persons who are receiving non-institutional

services; and (2) the establishment and development of 
non-institutional
services in areas of the State where they are 
not currently available or are
undeveloped.  On and after July 
1, 1996, all nursing home prescreenings for
individuals 60 
years of age or older shall be conducted by the Department.

    The Department is authorized to establish a system of 
recipient copayment
for services provided under this Section, 
such copayment to be based upon
the recipient's ability to pay 
but in no case to exceed the actual cost of
the services 
provided. Additionally, any portion of a person's income which

is equal to or less than the federal poverty standard shall not 
be
considered by the Department in determining the copayment.  
The level of
such copayment shall be adjusted whenever 
necessary to reflect any change
in the officially designated 
federal poverty standard.

    The Department, or the Department's authorized 
representative, shall
recover the amount of moneys expended for 
services provided to or in
behalf of a person under this 
Section by a claim against the person's
estate or against the 
estate of the person's surviving spouse, but no
recovery may be 
had until after the death of the surviving spouse, if
any, and 
then only at such time when there is no surviving child who
is 
under age 21, blind, or permanently and totally disabled.  This

paragraph, however, shall not bar recovery, at the death of the 
person, of
moneys for services provided to the person or in 
behalf of the person under
this Section to which the person was 
not entitled;
provided that such recovery shall not be enforced 
against any real estate while
it is occupied as a homestead by 
the surviving spouse or other dependent, if no
claims by other 
creditors have been filed against the estate, or, if such

claims have been filed, they remain dormant for failure of 
prosecution or
failure of the claimant to compel administration 
of the estate for the purpose
of payment.  This paragraph shall 
not bar recovery from the estate of a spouse,
under Sections 
1915 and 1924 of the Social Security Act and Section 5-4 of the

Illinois Public Aid Code, who precedes a person receiving 
services under this
Section in death.  All moneys for services

paid to or in behalf of the person under this Section shall be 
claimed for
recovery from the deceased spouse's estate.  
"Homestead", as used
in this paragraph, means the dwelling 
house and
contiguous real estate occupied by a surviving spouse

or relative, as defined by the rules and regulations of the 
Illinois Department
of Public Aid, regardless of the value of 
the property.

    The Department shall develop procedures to enhance 
availability of
services on evenings, weekends, and on an 
emergency basis to meet the
respite needs of caregivers.  
Procedures shall be developed to permit the
utilization of 
services in successive blocks of 24 hours up to the monthly

maximum established by the Department.   Workers providing these 
services
shall be appropriately trained.

    Beginning on the effective date of this Amendatory Act of 
1991, no person
may perform chore/housekeeping and homemaker 
services under a program
authorized by this Section unless that 
person has been issued a certificate
of pre-service to do so by 
his or her employing agency.  Information
gathered to effect 
such certification shall include (i) the person's name,
(ii) 
the date the person was hired by his or her current employer, 
and
(iii) the training, including dates and levels.  Persons 
engaged in the
program authorized by this Section before the 
effective date of this
amendatory Act of 1991 shall be issued a 
certificate of all pre- and
in-service training from his or her 
employer upon submitting the necessary
information.  The 
employing agency shall be required to retain records of
all 
staff pre- and in-service training, and shall provide such 
records to
the Department upon request and upon termination of 
the employer's contract
with the Department.  In addition, the 
employing agency is responsible for
the issuance of 
certifications of in-service training completed to their

employees.

    The Department is required to develop a system to ensure 
that persons
working as homemakers and chore housekeepers 
receive increases in their
wages when the federal minimum wage 
is increased by requiring vendors to
certify that they are 
meeting the federal minimum wage statute for homemakers
and 
chore housekeepers.  An employer that cannot ensure that the 
minimum
wage increase is being given to homemakers and chore 
housekeepers
shall be denied any increase in reimbursement 
costs.

    The Department on Aging and the Department of Human 
Services
shall cooperate in the development and submission of 
an annual report on
programs and services provided under this 
Section.  Such joint report
shall be filed with the Governor and 
the General Assembly on or before
September 30 each year.

    The requirement for reporting to the General Assembly shall 
be satisfied
by filing copies of the report with the Speaker, 
the Minority Leader and
the Clerk of the House of 
Representatives and the President, the Minority
Leader and the 
Secretary of the Senate and the Legislative Research Unit,
as 
required by Section 3.1 of the General Assembly Organization 
Act  and
filing such additional copies with the State Government 
Report Distribution
Center for the General Assembly as is 
required under paragraph (t) of
Section 7 of the State Library 
Act.

    Those persons previously found eligible for receiving 
non-institutional
services whose services were discontinued 
under the Emergency Budget Act of
Fiscal Year 1992, and who do 
not meet the eligibility standards in effect
on or after July 
1, 1992, shall remain ineligible on and after July 1,
1992.  
Those persons previously not required to cost-share and who 
were
required to cost-share effective March 1, 1992, shall 
continue to meet
cost-share requirements on and after July 1, 
1992.  Beginning July 1, 1992,
all clients will be required to 
meet
eligibility, cost-share, and other requirements and will 
have services
discontinued or altered when they fail to meet 
these requirements.

(Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised 
12-6-03.)

 
    (20 ILCS 105/4.12  new)
    Sec. 4.12. Assistance to nursing home residents.
    (a) The Department on Aging shall assist eligible nursing 
home residents and their families to select long-term care 
options that meet their needs and reflect their preferences. At 
any time during the process, the resident or his or her 
representative may decline further assistance.
    (b) To provide assistance, the Department shall develop a 
program of transition services with follow-up in selected areas 
of the State, to be expanded statewide as funding becomes 
available. The program shall be developed in consultation with 
nursing homes, case managers, Area Agencies on Aging, and 
others interested in the well-being of frail elderly Illinois 
residents. The Department shall establish administrative rules 
pursuant to the Illinois Administrative Procedure Act with 
respect to resident eligibility, assessment of the resident's 
health, cognitive, social, and financial needs, development of 
comprehensive service transition plans, and the level of 
services that must be available prior to transition of a 
resident into the community.
 
    Section 10. The Illinois Public Aid Code is amended by 
adding Section 5-5d as follows:
 
    (305 ILCS 5/5-5d  new)
    Sec. 5-5d.  Transition services. The Department of Public 
Aid shall apply for any necessary waivers pursuant to Section 
1915(c) of the Social Security Act to facilitate transition 
services. Nothing in this Section shall be construed as 
limiting current similar programs by the Department of Human 
Services or the Department on Aging.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  8/10/2004