Rep. Anna Moeller
Filed: 3/19/2019
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 121




2    AMENDMENT NO. ______. Amend House Bill 121 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Rehabilitation of Persons with 
5Disabilities Act is amended  by changing Section 3 as follows:
 


6    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)



7    Sec. 3. Powers and duties. The Department shall have the 
8powers and
duties enumerated
herein:

9        (a) To co-operate with the federal government in the 
10    administration
of the provisions of the federal 
11    Rehabilitation Act of 1973, as amended,
of the Workforce

12    Innovation and Opportunity Act,
and of the federal Social 
13    Security Act to the extent and in the manner
provided in 
14    these Acts.

15        (b) To prescribe and supervise such courses of 
16    vocational training
and provide such other services as may 
 
 
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1    be necessary for the habilitation
and rehabilitation of 
2    persons with one or more disabilities, including the

3    administrative activities under subsection (e) of this 
4    Section, and to
co-operate with State and local school 
5    authorities and other recognized
agencies engaged in 
6    habilitation, rehabilitation and comprehensive

7    rehabilitation services; and to cooperate with the 
8    Department of Children
and Family Services regarding the 
9    care and education of children with one
or more 
10    disabilities.

11        (c) (Blank).

12        (d) To report in writing, to the Governor, annually on 
13    or before the
first day of December, and at such other 
14    times and in such manner and
upon such subjects as the 
15    Governor may require.  The annual report shall
contain (1) a 
16    statement of the existing condition of comprehensive

17    rehabilitation services, habilitation and rehabilitation 
18    in the State;
(2) a statement of suggestions and 
19    recommendations with reference to the
development of 
20    comprehensive rehabilitation services, habilitation and

21    rehabilitation in the State; and (3) an itemized statement 
22    of the
amounts of money received from federal, State and 
23    other sources, and of
the objects and purposes to which the 
24    respective items of these several
amounts have been 
25    devoted.

26        (e) (Blank).

 
 
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1        (f) To establish a program of services to prevent the 
2    unnecessary
institutionalization of persons in need of 
3    long term care and who meet the criteria for blindness or 
4    disability as defined by the Social Security Act, thereby 
5    enabling them to
remain in their own homes. Such preventive

6    services include any or all of the following:

7            (1) personal assistant services;

8            (2) homemaker services;

9            (3) home-delivered meals;

10            (4) adult day care services;

11            (5) respite care;

12            (6) home modification or assistive equipment;

13            (7) home health services;

14            (8) electronic home response;

15            (9) brain injury behavioral/cognitive services;

16            (10) brain injury habilitation;

17            (11) brain injury pre-vocational services; or

18            (12) brain injury supported employment.

19        The Department shall establish eligibility
standards 
20    for such services taking into consideration the unique

21    economic and social needs of the population for whom they 
22    are to
be provided.  Such eligibility standards may be based 
23    on the recipient's
ability to pay for services; provided, 
24    however, that any portion of a
person's income that is 
25    equal to or less than the "protected income" level
shall 
26    not be considered by the Department in determining 
 
 
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1    eligibility.  The
"protected income" level shall be 
2    determined by the Department, shall never be
less than the 
3    federal poverty standard, and shall be adjusted each year 
4    to
reflect changes in the Consumer Price Index For All 
5    Urban Consumers as
determined by the United States 
6    Department of Labor.  The standards must
provide that a 
7    person may not have more than $10,000 in assets to be 
8    eligible for the services, and the Department may increase 
9    or decrease the asset limitation by rule. The Department 
10    may not decrease the asset level below $10,000.

11        The services shall be provided, as established by the

12    Department by rule, to eligible persons
to prevent 
13    unnecessary or premature institutionalization, to
the 
14    extent that the cost of the services, together with the

15    other personal maintenance expenses of the persons, are 
16    reasonably
related to the standards established for care in 
17    a group facility
appropriate to their condition.  These 
18    non-institutional
services, pilot projects or experimental 
19    facilities may be provided as part of
or in addition to 
20    those authorized by federal law or those funded and

21    administered by the Illinois Department on Aging. The 
22    Department shall set rates and fees for services in a fair 
23    and equitable manner.  Services identical to those offered 
24    by the Department on Aging shall be paid at the same rate. 

25        Except as otherwise provided in this paragraph, 
26    personal assistants shall be paid at a rate negotiated

 
 
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1    between the State and an exclusive representative of 
2    personal
assistants under a collective bargaining 
3    agreement. In no case
shall the Department pay personal 
4    assistants an hourly wage
that is less than the federal 
5    minimum wage. Within 30 days after July 6, 2017 (the 
6    effective date of Public Act 100-23), the hourly wage paid 
7    to personal assistants and individual maintenance home 
8    health workers shall be increased by $0.48 per hour. 




9        Solely for the purposes of coverage under the Illinois 
10    Public Labor
Relations
Act, personal assistants providing

11    services under
the Department's Home Services Program 
12    shall be considered to be public
employees
and the State of 
13    Illinois shall be considered to be their employer as of 
14    July 16, 2003 (the
effective date of Public Act 93-204), 
15    but not before. Solely for the purposes of coverage under 
16    the Illinois Public Labor Relations Act, home care and home 
17    health workers who function as personal assistants and 
18    individual maintenance home health workers and who also 
19    provide services under the Department's Home Services 
20    Program shall be considered to be public employees, no 
21    matter whether the State provides such services through 
22    direct fee-for-service arrangements, with the assistance 
23    of a managed care organization or other intermediary, or 
24    otherwise, and the State of Illinois shall be considered to 
25    be the employer of those persons as of January 29, 2013 
26    (the effective date of Public Act 97-1158), but not before 
 
 
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1    except as otherwise provided under this subsection (f). The 
2    State
shall
engage in collective bargaining with an 
3    exclusive representative of home care and home health 
4    workers who function as personal assistants and individual 
5    maintenance home health workers working under the Home 
6    Services Program
concerning
their terms and conditions of 
7    employment that are within the State's control.
Nothing in

8    this paragraph shall be understood to limit the right of 
9    the persons receiving
services
defined in this Section to 
10    hire and fire
home care and home health workers who 
11    function as personal assistants
and individual maintenance 
12    home health workers working under the Home Services Program 
13    or to supervise them within the limitations set by the Home 
14    Services Program. The
State
shall not be considered to be 
15    the employer of
home care and home health workers who 
16    function as personal
assistants and individual maintenance 
17    home health workers working under the Home Services Program 
18    for any purposes not specifically provided in Public Act 
19    93-204 or Public Act 97-1158, including but not limited to, 
20    purposes of vicarious liability
in tort and
purposes of 
21    statutory retirement or health insurance benefits. Home 
22    care and home health workers who function as personal 
23    assistants and individual maintenance home health workers 
24    and who also provide services under the Department's Home 
25    Services Program shall not be covered by the State 
26    Employees Group
Insurance Act
of 1971.

 
 
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1        The Department shall permit personal assistants who 
2    provide services under the Department's Home Services 
3    Program to assist eligible persons with those necessary 
4    activities of daily living that must be performed outside 
5    the home, including, but not limited to: (i) assistance 
6    with shopping for groceries, clothing, or other 
7    necessities; and (ii) transportation or escort to a 
8    doctor's office, a medical facility, a pharmacy, a 
9    financial institution, or any other appropriate location. 
10    The Department shall adopt any rules necessary to implement 
11    this paragraph. 
12        The Department shall execute, relative to nursing home 
13    prescreening, as authorized by Section 4.03 of the Illinois 
14    Act on the Aging,
written inter-agency agreements with the 
15    Department on Aging and
the Department of Healthcare and 
16    Family Services, to effect the intake procedures
and 
17    eligibility criteria for those persons who may need long 
18    term care.  On and after July 1, 1996, all nursing
home 
19    prescreenings for individuals 18 through 59 years of age 
20    shall be
conducted by the Department, or a designee of the

21    Department.

22        The Department is authorized to establish a system of 
23    recipient cost-sharing
for services provided under this 
24    Section.  The cost-sharing shall be based upon
the 
25    recipient's ability to pay for services, but in no case 
26    shall the
recipient's share exceed the actual cost of the 
 
 
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1    services provided.  Protected
income shall not be 
2    considered by the Department in its determination of the

3    recipient's ability to pay a share of the cost of services.  
4    The level of
cost-sharing shall be adjusted each year to 
5    reflect changes in the "protected
income" level.  The 
6    Department shall deduct from the recipient's share of the

7    cost of services any money expended by the recipient for 
8    disability-related
expenses.

9        To the extent permitted under the federal Social 
10    Security Act, the Department, or the Department's 
11    authorized representative, may recover
the amount of 
12    moneys expended for services provided to or in behalf of a 
13    person
under this Section by a claim against the person's 
14    estate or against the estate
of the person's surviving 
15    spouse, but no recovery may be had until after the
death of 
16    the surviving spouse, if any, and then only at such time 
17    when there is
no surviving child who is under age 21 or 
18    blind or who has a permanent and total disability.  This 
19    paragraph, however, shall not bar recovery, at the death of 
20    the
person, of moneys for services provided to the person 
21    or in behalf of the
person under this Section to which the 
22    person was not entitled; provided that
such recovery shall 
23    not be enforced against any real estate while
it is 
24    occupied as a homestead by the surviving spouse or other 
25    dependent, if no
claims by other creditors have been filed 
26    against the estate, or, if such
claims have been filed, 
 
 
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1    they remain dormant for failure of prosecution or
failure 
2    of the claimant to compel administration of the estate for 
3    the purpose
of payment.  This paragraph shall not bar 
4    recovery from the estate of a spouse,
under Sections 1915 
5    and 1924 of the Social Security Act and Section 5-4 of the

6    Illinois Public Aid Code, who precedes a person receiving 
7    services under this
Section in death.  All moneys for 
8    services
paid to or in behalf of the person under this 
9    Section shall be claimed for
recovery from the deceased 
10    spouse's estate.  "Homestead", as used in this
paragraph, 
11    means the dwelling house and
contiguous real estate 
12    occupied by a surviving spouse or relative, as defined
by 
13    the rules and regulations of the Department of Healthcare 
14    and Family Services,
regardless of the value of the 
15    property.

16        The Department shall submit an annual report on 
17    programs and
services provided under this Section. The 
18    report shall be filed
with the Governor and the General 
19    Assembly on or before March
30
each year.

20        The requirement for reporting to the General Assembly 
21    shall be satisfied
by filing copies of the report
as 
22    required by Section 3.1 of the General Assembly 
23    Organization Act, and filing
additional copies with the 
24    State
Government Report Distribution Center for the 
25    General Assembly as
required under paragraph (t) of Section 
26    7 of the State Library Act.

 
 
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1        (g) To establish such subdivisions of the Department
as 
2    shall be desirable and assign to the various subdivisions 
3    the
responsibilities and duties placed upon the Department 
4    by law.

5        (h) To cooperate and enter into any necessary 
6    agreements with the
Department of Employment Security for 
7    the provision of job placement and
job referral services to 
8    clients of the Department, including job
service 
9    registration of such clients with Illinois Employment 
10    Security
offices and making job listings maintained by the 
11    Department of Employment
Security available to such 
12    clients.

13        (i) To possess all powers reasonable and necessary for

14    the exercise and administration of the powers, duties and

15    responsibilities of the Department which are provided for 
16    by law.

17        (j) (Blank).

18        (k) (Blank).

19        (l) To establish, operate, and maintain a Statewide 
20    Housing Clearinghouse
of information on available 
21    government subsidized housing accessible to
persons with 
22    disabilities and available privately owned housing 
23    accessible to
persons with disabilities.  The information 
24    shall include, but not be limited to, the
location, rental 
25    requirements, access features and proximity to public

26    transportation of available housing.  The Clearinghouse 
 
 
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1    shall consist
of at least a computerized database for the 
2    storage and retrieval of
information and a separate or 
3    shared toll free telephone number for use by
those seeking 
4    information from the Clearinghouse.  Department offices and

5    personnel throughout the State shall also assist in the 
6    operation of the
Statewide Housing Clearinghouse.  
7    Cooperation with local, State, and federal
housing 
8    managers shall be sought and extended in order to 
9    frequently and
promptly update the Clearinghouse's 
10    information.

11        (m) To assure that the names and case records of 
12    persons who received or
are
receiving services from the 
13    Department, including persons receiving vocational

14    rehabilitation, home services, or other services, and 
15    those attending one of
the Department's schools or other 
16    supervised facility shall be confidential and
not be open 
17    to the general public.  Those case records and reports or 
18    the
information contained in those records and reports 
19    shall be disclosed by the
Director only to proper law 
20    enforcement officials, individuals authorized by a
court, 
21    the General Assembly or any committee or commission of the 
22    General
Assembly, and other persons and for reasons as the 
23    Director designates by rule.
 Disclosure by the Director may 
24    be only in accordance with other applicable
law.

25(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; 
26100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. 
 
 
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18-14-18; 100-1148, eff. 12-10-18.)".