SB3132 EngrossedLRB102 22793 KTG 31942 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 cooperate with the federal government in the 
10    administration
of the provisions of the federal 
11    Rehabilitation Act of 1973, as amended by 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 vocational rehabilitation of persons 
18    with one or more disabilities, including the

19    administrative activities under subsection (e) of this 
20    Section; to cooperate
 with State and local school 
21    authorities and other recognized
agencies engaged in 
22    vocational
rehabilitation services; and to cooperate with 
23    the Department of Children
and Family Services, the 
 
 
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1    Illinois State Board of Education, and others regarding 
2    the education of children with one
or more disabilities.

3        (c) (Blank).

4        (d) To report in writing, to the Governor, annually on 
5    or before the
first day of December, and at such other 
6    times and in such manner and
upon such subjects as the 
7    Governor may require.  The annual report shall
contain (1) 
8    information on the programs and activities dedicated to 
9    vocational rehabilitation, independent living, and other 
10    community services and supports administered by the 
11    Director; (2) information on the development of vocational 
12    rehabilitation services, independent living services, and 
13    supporting services administered by the Director in the 
14    State; and (3) information detailing the
amounts of money 
15    received from federal, State, and other sources, and of

16    the objects and purposes to which the respective items of 
17    these several
amounts have been devoted.

18        (e) (Blank).

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

25            (1) personal assistant services;

26            (2) homemaker services;

 
 
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1            (3) home-delivered meals;

2            (4) adult day care services;

3            (5) respite care;

4            (6) home modification or assistive equipment;

5            (7) home health services;

6            (8) electronic home response;

7            (9) brain injury behavioral/cognitive services;

8            (10) brain injury habilitation;

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

10            (12) brain injury supported employment.

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

13    economic and social needs of the population for whom they 
14    are to
be provided.  Such eligibility standards may be 
15    based on the recipient's
ability to pay for services; 
16    provided, however, that any portion of a
person's income 
17    that is equal to or less than the "protected income" level

18    shall not be considered by the Department in determining 
19    eligibility.  The
"protected income" level shall be 
20    determined by the Department, shall never be
less than the 
21    federal poverty standard, and shall be adjusted each year 
22    to
reflect changes in the Consumer Price Index For All 
23    Urban Consumers as
determined by the United States 
24    Department of Labor.  The standards must
provide that a 
25    person may not have more than $10,000 in assets to be 
26    eligible for the services, and the Department may increase 
 
 
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1    or decrease the asset limitation by rule. The Department 
2    may not decrease the asset level below $10,000. Subject to 
3    federal approval, the Department shall allow a recipient's 
4    spouse to serve as his or her provider of personal care or 
5    similar services.

6        The services shall be provided, as established by the

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

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

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

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

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




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

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

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

22    Insurance Act
of 1971.

23        The Department shall execute, relative to nursing home 
24    prescreening, as authorized by Section 4.03 of the 
25    Illinois Act on the Aging,
written inter-agency agreements 
26    with the Department on Aging and
the Department of 
 
 
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1    Healthcare and Family Services, to effect the intake 
2    procedures
and eligibility criteria for those persons who 
3    may need long term care.  On and after July 1, 1996, all 
4    nursing
home prescreenings for individuals 18 through 59 
5    years of age shall be
conducted by the Department, or a 
6    designee of the
Department.

7        The Department is authorized to establish a system of 
8    recipient cost-sharing
for services provided under this 
9    Section.  The cost-sharing shall be based upon
the 
10    recipient's ability to pay for services, but in no case 
11    shall the
recipient's share exceed the actual cost of the 
12    services provided.  Protected
income shall not be 
13    considered by the Department in its determination of the

14    recipient's ability to pay a share of the cost of 
15    services.  The level of
cost-sharing shall be adjusted each 
16    year to reflect changes in the "protected
income" level.  
17    The Department shall deduct from the recipient's share of 
18    the
cost of services any money expended by the recipient 
19    for disability-related
expenses.

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

19    Section in death.  All moneys for services
paid to or in 
20    behalf of the person under this Section shall be claimed 
21    for
recovery from the deceased spouse's estate.  
22    "Homestead", as used in this
paragraph, means the dwelling 
23    house and
contiguous real estate occupied by a surviving 
24    spouse or relative, as defined
by the rules and 
25    regulations of the Department of Healthcare and Family 
26    Services,
regardless of the value of the property.



 
 
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1        (g) To establish such subdivisions of the Department

2    as shall be desirable and assign to the various 
3    subdivisions the
responsibilities and duties placed upon 
4    the Department 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 
8    to 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 
24    may be only in accordance with other applicable
law.

25(Source: P.A. 102-264, eff. 8-6-21.)


 
 
26    Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.