101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3043
 
Introduced , by Rep. Michael D. Unes
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to adopt rules that would permit a personal assistant who provides services to a person enrolled in the Department's Home Services Program to drive, operate, or be in physical control of any motor vehicle owned by the person receiving home services. Restricts a personal assistant's use of the motor vehicle to those uses that are appropriate to effectuate the personal assistant's duties and responsibilities under the Home Services Program. Provides that no personal assistant shall be authorized to drive, operate, or be in physical control of any motor vehicle owned by a person receiving home services unless (i) the personal assistant holds a valid driver's license and (ii) the motor vehicle is covered by a liability insurance policy.
  


LRB101 07938 KTG 52993 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3043LRB101 07938 KTG 52993 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Rehabilitation of Persons with Disabilities 
5Act 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 
17    be necessary for the habilitation
and rehabilitation of 
18    persons with one or more disabilities, including the

19    administrative activities under subsection (e) of this 
20    Section, and to
co-operate with State and local school 
21    authorities and other recognized
agencies engaged in 
22    habilitation, rehabilitation and comprehensive

23    rehabilitation services; and to cooperate with the 
 
 
HB3043- 2 -LRB101 07938 KTG 52993 b

1    Department of Children
and Family Services regarding the 
2    care and education of children with one
or more 
3    disabilities.

4        (c) (Blank).

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

10    rehabilitation services, habilitation and rehabilitation 
11    in the State;
(2) a statement of suggestions and 
12    recommendations with reference to the
development of 
13    comprehensive rehabilitation services, habilitation and

14    rehabilitation in the State; and (3) an itemized statement 
15    of the
amounts of money received from federal, State and 
16    other sources, and of
the objects and purposes to which the 
17    respective items of these several
amounts have been 
18    devoted.

19        (e) (Blank).

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

25    services include any or all of the following:

26            (1) personal assistant services;

 
 
HB3043- 3 -LRB101 07938 KTG 52993 b

1            (2) homemaker services;

2            (3) home-delivered meals;

3            (4) adult day care services;

4            (5) respite care;

5            (6) home modification or assistive equipment;

6            (7) home health services;

7            (8) electronic home response;

8            (9) brain injury behavioral/cognitive services;

9            (10) brain injury habilitation;

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

11            (12) brain injury supported employment.

12        The Department shall establish eligibility
standards 
13    for such services taking into consideration the unique

14    economic and social needs of the population for whom they 
15    are to
be provided.  Such eligibility standards may be based 
16    on the recipient's
ability to pay for services; provided, 
17    however, that any portion of a
person's income that is 
18    equal to or less than the "protected income" level
shall 
19    not be considered by the Department in determining 
20    eligibility.  The
"protected income" level shall be 
21    determined by the Department, shall never be
less than the 
22    federal poverty standard, and shall be adjusted each year 
23    to
reflect changes in the Consumer Price Index For All 
24    Urban Consumers as
determined by the United States 
25    Department of Labor.  The standards must
provide that a 
26    person may not have more than $10,000 in assets to be 
 
 
HB3043- 4 -LRB101 07938 KTG 52993 b

1    eligible for the services, and the Department may increase 
2    or decrease the asset limitation by rule. The Department 
3    may not decrease the asset level below $10,000.

4        The services shall be provided, as established by the

5    Department by rule, to eligible persons
to prevent 
6    unnecessary or premature institutionalization, to
the 
7    extent that the cost of the services, together with the

8    other personal maintenance expenses of the persons, are 
9    reasonably
related to the standards established for care in 
10    a group facility
appropriate to their condition.  These 
11    non-institutional
services, pilot projects or experimental 
12    facilities may be provided as part of
or in addition to 
13    those authorized by federal law or those funded and

14    administered by the Illinois Department on Aging. The 
15    Department shall set rates and fees for services in a fair 
16    and equitable manner.  Services identical to those offered 
17    by the Department on Aging shall be paid at the same rate. 

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

20    between the State and an exclusive representative of 
21    personal
assistants under a collective bargaining 
22    agreement. In no case
shall the Department pay personal 
23    assistants an hourly wage
that is less than the federal 
24    minimum wage. Within 30 days after July 6, 2017 (the 
25    effective date of Public Act 100-23), the hourly wage paid 
26    to personal assistants and individual maintenance home 
 
 
HB3043- 5 -LRB101 07938 KTG 52993 b

1    health workers shall be increased by $0.48 per hour. 




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

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

 
 
HB3043- 6 -LRB101 07938 KTG 52993 b

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

20        The Department shall adopt rules to permit a personal 
21    assistant who provides services to a person enrolled in the 
22    Department's Home Services Program to drive, operate, or be 
23    in physical control of any motor vehicle owned by the 
24    person receiving home services. A personal assistant's use 
25    of any motor vehicle owned by the person receiving home 
26    services shall be limited to one of those uses, as 
 
 
HB3043- 7 -LRB101 07938 KTG 52993 b

1    determined by the Department, that are appropriate to 
2    effectuate the personal assistant's duties and 
3    responsibilities under the Home Services Program. No 
4    personal assistant shall be authorized to drive, operate, 
5    or be in physical control of any motor vehicle owned by a 
6    person receiving home services unless (i) the personal 
7    assistant holds a valid driver's license in accordance with 
8    Section 6-101 of the Illinois Vehicle Code and (ii) the 
9    motor vehicle is covered by a liability insurance policy in 
10    accordance with Section 7-601 of the Illinois Vehicle Code.
11        The Department shall execute, relative to nursing home 
12    prescreening, as authorized by Section 4.03 of the Illinois 
13    Act on the Aging,
written inter-agency agreements with the 
14    Department on Aging and
the Department of Healthcare and 
15    Family Services, to effect the intake procedures
and 
16    eligibility criteria for those persons who may need long 
17    term care.  On and after July 1, 1996, all nursing
home 
18    prescreenings for individuals 18 through 59 years of age 
19    shall be
conducted by the Department, or a designee of the

20    Department.

21        The Department is authorized to establish a system of 
22    recipient cost-sharing
for services provided under this 
23    Section.  The cost-sharing shall be based upon
the 
24    recipient's ability to pay for services, but in no case 
25    shall the
recipient's share exceed the actual cost of the 
26    services provided.  Protected
income shall not be 
 
 
HB3043- 8 -LRB101 07938 KTG 52993 b

1    considered by the Department in its determination of the

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

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

8        To the extent permitted under the federal Social 
9    Security Act, the Department, or the Department's 
10    authorized representative, may recover
the amount of 
11    moneys expended for services provided to or in behalf of a 
12    person
under this Section by a claim against the person's 
13    estate or against the estate
of the person's surviving 
14    spouse, but no recovery may be had until after the
death of 
15    the surviving spouse, if any, and then only at such time 
16    when there is
no surviving child who is under age 21 or 
17    blind or who has a permanent and total disability.  This 
18    paragraph, however, shall not bar recovery, at the death of 
19    the
person, of moneys for services provided to the person 
20    or in behalf of the
person under this Section to which the 
21    person was not entitled; provided that
such recovery shall 
22    not be enforced against any real estate while
it is 
23    occupied as a homestead by the surviving spouse or other 
24    dependent, if no
claims by other creditors have been filed 
25    against the estate, or, if such
claims have been filed, 
26    they remain dormant for failure of prosecution or
failure 
 
 
HB3043- 9 -LRB101 07938 KTG 52993 b

1    of the claimant to compel administration of the estate for 
2    the purpose
of payment.  This paragraph shall not bar 
3    recovery from the estate of a spouse,
under Sections 1915 
4    and 1924 of the Social Security Act and Section 5-4 of the

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

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

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

26        (g) To establish such subdivisions of the Department
as 
 
 
HB3043- 10 -LRB101 07938 KTG 52993 b

1    shall be desirable and assign to the various subdivisions 
2    the
responsibilities and duties placed upon the Department 
3    by law.

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

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

13    the exercise and administration of the powers, duties and

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

16        (j) (Blank).

17        (k) (Blank).

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

25    transportation of available housing.  The Clearinghouse 
26    shall consist
of at least a computerized database for the 
 
 
HB3043- 11 -LRB101 07938 KTG 52993 b

1    storage and retrieval of
information and a separate or 
2    shared toll free telephone number for use by
those seeking 
3    information from the Clearinghouse.  Department offices and

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

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

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

24(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; 
25100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. 
268-14-18; 100-1148, eff. 12-10-18.)