Illinois General Assembly - Full Text of Public Act 094-0252
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Public Act 094-0252




Public Act 094-0252
HB0438 Enrolled LRB094 05354 RSP 35399 b

    AN ACT in relation to disabled persons.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Disabled Persons Rehabilitation Act is
amended by changing Section 3 as follows:
    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
    Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
    (a) To co-operate with the federal government in the
administration of the provisions of the federal Rehabilitation
Act of 1973, as amended, of the Workforce Investment Act of
1998, and of the federal Social Security Act to the extent and
in the manner provided in these Acts.
    (b) To prescribe and supervise such courses of vocational
training and provide such other services as may be necessary
for the habilitation and rehabilitation of persons with one or
more disabilities, including the administrative activities
under subsection (e) of this Section, and to co-operate with
State and local school authorities and other recognized
agencies engaged in habilitation, rehabilitation and
comprehensive rehabilitation services; and to cooperate with
the Department of Children and Family Services regarding the
care and education of children with one or more disabilities.
    (c) (Blank).
    (d) To report in writing, to the Governor, annually on or
before the first day of December, and at such other times and
in such manner and upon such subjects as the Governor may
require. The annual report shall contain (1) a statement of the
existing condition of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; (2) a statement
of suggestions and recommendations with reference to the
development of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; and (3) an
itemized statement of the amounts of money received from
federal, State and other sources, and of the objects and
purposes to which the respective items of these several amounts
have been devoted.
    (e) (Blank).
    (f) To establish a program of services to prevent
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as defined by the
Social Security Act, thereby enabling them to remain in their
own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or all of the
        (1) home health services;
        (2) home nursing services;
        (3) homemaker services;
        (4) chore and housekeeping services;
        (5) day care services;
        (6) home-delivered meals;
        (7) education in self-care;
        (8) personal care services;
        (9) adult day health services;
        (10) habilitation services;
        (11) respite care; or
        (12) other nonmedical social services that may enable
    the person to become self-supporting.
    The Department shall establish eligibility standards for
such services taking into consideration the unique economic and
social needs of the population for whom they are to be
provided. Such eligibility standards may be based on the
recipient's ability to pay for services; provided, however,
that any portion of a person's income that is equal to or less
than the "protected income" level shall not be considered by
the Department in determining eligibility. The "protected
income" level shall be determined by the Department, shall
never be less than the federal poverty standard, and shall be
adjusted each year to reflect changes in the Consumer Price
Index For All Urban Consumers as determined by the United
States Department of Labor. The standards must provide that a
person may have not more than $10,000 in assets to be eligible
for the services, and the Department may increase the asset
limitation by rule. Additionally, 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.
    The services shall be provided to eligible persons to
prevent unnecessary or premature institutionalization, 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 their 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 Illinois Department on Aging.
    Personal care attendants shall be paid:
        (i) A $5 per hour minimum rate beginning July 1, 1995.
        (ii) A $5.30 per hour minimum rate beginning July 1,
        (iii) A $5.40 per hour minimum rate beginning July 1,
    Solely for the purposes of coverage under the Illinois
Public Labor Relations Act (5 ILCS 315/), personal care
attendants and personal assistants providing services under
the Department's Home Services Program shall be considered to
be public employees and the State of Illinois shall be
considered to be their employer as of the effective date of
this amendatory Act of the 93rd General Assembly, but not
before. The State shall engage in collective bargaining with an
exclusive representative of personal care attendants and
personal assistants working under the Home Services Program
concerning their terms and conditions of employment that are
within the State's control. Nothing in this paragraph shall be
understood to limit the right of the persons receiving services
defined in this Section to hire and fire personal care
attendants and personal assistants or supervise them within the
limitations set by the Home Services Program. The State shall
not be considered to be the employer of personal care
attendants and personal assistants for any purposes not
specifically provided in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
    The Department shall execute, relative to the nursing home
prescreening project, as authorized by Section 4.03 of the
Illinois Act on the Aging, written inter-agency agreements with
the Department on Aging and the Department of Public Aid, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) 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 18 through 59 years of age shall be conducted by
the Department.
    The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the recipient's
ability to pay for services, but in no case shall the
recipient's share exceed the actual cost of the services
provided. Protected income shall not be considered by the
Department in its determination of the recipient's ability to
pay a share of the cost of services. The level of cost-sharing
shall be adjusted each year to reflect changes in the
"protected income" level. The Department shall deduct from the
recipient's share of the cost of services any money expended by
the recipient for disability-related expenses.
    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 and the Department on Aging 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 March 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 additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
    (g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by law.
    (h) To cooperate and enter into any necessary agreements
with the Department of Employment Security for the provision of
job placement and job referral services to clients of the
Department, including job service registration of such clients
with Illinois Employment Security offices and making job
listings maintained by the Department of Employment Security
available to such clients.
    (i) To possess all powers reasonable and necessary for the
exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
    (j) To establish a procedure whereby new providers of
personal care attendant services shall submit vouchers to the
State for payment two times during their first month of
employment and one time per month thereafter. In no case shall
the Department pay personal care attendants an hourly wage that
is less than the federal minimum wage.
    (k) To provide adequate notice to providers of chore and
housekeeping services informing them that they are entitled to
an interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
    (l) To establish, operate and maintain a Statewide Housing
Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to disabled
persons. The information shall include but not be limited to
the location, rental requirements, access features and
proximity to public transportation of available housing. The
Clearinghouse shall consist of at least a computerized database
for the storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse. Cooperation
with local, State and federal housing managers shall be sought
and extended in order to frequently and promptly update the
Clearinghouse's information.
    (m) To assure that the names and case records of persons
who received or are receiving services from the Department,
including persons receiving vocational rehabilitation, home
services, or other services, and those attending one of the
Department's schools or other supervised facility shall be
confidential and not be open to the general public. Those case
records and reports or the information contained in those
records and reports shall be disclosed by the Director only to
proper law enforcement officials, individuals authorized by a
court, the General Assembly or any committee or commission of
the General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may be
only in accordance with other applicable law.
(Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)

Effective Date: 1/1/2006