Public Act 90-0365 of the 90th General Assembly

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Public Act 90-0365

SB697 Enrolled                                 LRB9001784PTcw

    AN ACT to amend the Disabled Persons  Rehabilitation  Act
by changing Section 3.

    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, 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
    (c)  To  make  such  reports and submit such plans to the
federal government as are required by the provisions  of  the
federal  Rehabilitation  Act  of 1973, as amended, and by the
rules and regulations  of  the  federal  agency  or  agencies
administering  the  federal  Rehabilitation  Act  of 1973, as
amended, and the federal Social Security Act.
    (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)  To exercise, pursuant to Section  13  of  this  Act,
executive    and    administrative   supervision   over   all
institutions, divisions, programs and services  now  existing
or  hereafter  acquired  or created under the jurisdiction of
the Department, including, but not limited to, the following:
    The  Illinois  School  for  the  Visually   Impaired   at
Jacksonville, as provided under Section 10 of this Act,
    The  Illinois  School  for  the  Deaf at Jacksonville, as
provided under Section 10 of this Act, and
    The Illinois Center for Rehabilitation and Education,  as
provided under Section 11 of this Act.
    (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 following:
         (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.
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,
         (ii)  A  $5.30  per hour minimum rate beginning July
    1, 1997.
         (iii)  A $5.40 per hour minimum rate beginning  July
    1, 1998.
    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 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 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
    (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.
(Source:  P.A.  88-172;  88-500; 88-670, eff. 12-2-94; 89-21,
eff. 7-1-95; 89-352, eff. 8-17-95; 89-626, eff. 8-9-96.)

    Section 99.  Effective date.  This Act  takes  effect  on
July 1, 1997.

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