Public Act 90-0365 of the 90th General Assembly
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
disabilities.
(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,
1995.
(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
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
law.
(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.