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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Rehabilitation of Persons with Disabilities |
5 | | Act is amended by changing Section 3 as follows:
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6 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
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7 | | Sec. 3. Powers and duties. The Department shall have the |
8 | | powers and
duties enumerated
herein:
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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
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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.
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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
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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.
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3 | | (c) (Blank).
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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
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16 | | the objects and purposes to which the respective items of |
17 | | these several
amounts have been devoted.
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18 | | (e) (Blank).
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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:
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25 | | (1) personal assistant services;
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26 | | (2) homemaker services;
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1 | | (3) home-delivered meals;
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2 | | (4) adult day care services;
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3 | | (5) respite care;
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4 | | (6) home modification or assistive equipment;
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5 | | (7) home health services;
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6 | | (8) electronic home response;
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7 | | (9) brain injury behavioral/cognitive services;
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8 | | (10) brain injury habilitation;
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9 | | (11) brain injury pre-vocational services; or
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10 | | (12) brain injury supported employment.
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11 | | The Department shall establish eligibility
standards |
12 | | for such services taking into consideration the unique
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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
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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 , guardian, kin, or siblings to serve as his or her |
5 | | provider of personal care or similar services.
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6 | | The services shall be provided, as established by the
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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
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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
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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.
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20 | | Except as otherwise provided in this paragraph, |
21 | | personal assistants shall be paid at a rate negotiated
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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. Wages |
4 | | and other benefits for personal assistants shall not count |
5 | | against benefits that guardians receive as outlined in |
6 | | Article XIa of the Probate Act of 1975.
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7 | | Solely for the purposes of coverage under the Illinois |
8 | | Public Labor
Relations
Act, personal assistants providing
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9 | | services under
the Department's Home Services Program |
10 | | shall be considered to be public
employees
and the State |
11 | | of Illinois shall be considered to be their employer as of |
12 | | July 16, 2003 (the
effective date of Public Act 93-204), |
13 | | but not before. Solely for the purposes of coverage under |
14 | | the Illinois Public Labor Relations Act, home care and |
15 | | home health workers who function as personal assistants |
16 | | and individual maintenance home health workers and who |
17 | | also provide services under the Department's Home Services |
18 | | Program shall be considered to be public employees, no |
19 | | matter whether the State provides such services through |
20 | | direct fee-for-service arrangements, with the assistance |
21 | | of a managed care organization or other intermediary, or |
22 | | otherwise, and the State of Illinois shall be considered |
23 | | to be the employer of those persons as of January 29, 2013 |
24 | | (the effective date of Public Act 97-1158), but not before |
25 | | except as otherwise provided under this subsection (f). |
26 | | The State
shall
engage in collective bargaining with an |
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1 | | exclusive representative of home care and home health |
2 | | workers who function as personal assistants and individual |
3 | | maintenance home health workers working under the Home |
4 | | Services Program
concerning
their terms and conditions of |
5 | | employment that are within the State's control.
Nothing in
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6 | | this paragraph shall be understood to limit the right of |
7 | | the persons receiving
services
defined in this Section to |
8 | | hire and fire
home care and home health workers who |
9 | | function as personal assistants
and individual maintenance |
10 | | home health workers working under the Home Services |
11 | | Program or to supervise them within the limitations set by |
12 | | the Home Services Program. The
State
shall not be |
13 | | considered to be the employer of
home care and home health |
14 | | workers who function as personal
assistants and individual |
15 | | maintenance home health workers working under the Home |
16 | | Services Program for any purposes not specifically |
17 | | provided in Public Act 93-204 or Public Act 97-1158, |
18 | | including but not limited to, purposes of vicarious |
19 | | liability
in tort and
purposes of statutory retirement or |
20 | | health insurance benefits. Home care and home health |
21 | | workers who function as personal assistants and individual |
22 | | maintenance home health workers and who also provide |
23 | | services under the Department's Home Services Program |
24 | | shall not be covered by the State Employees Group
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25 | | Insurance Act
of 1971.
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26 | | The Department shall execute, relative to nursing home |
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1 | | prescreening, as authorized by Section 4.03 of the |
2 | | Illinois Act on the Aging,
written inter-agency agreements |
3 | | with the Department on Aging and
the Department of |
4 | | Healthcare and Family Services, to effect the intake |
5 | | procedures
and eligibility criteria for those persons who |
6 | | may need long term care. On and after July 1, 1996, all |
7 | | nursing
home prescreenings for individuals 18 through 59 |
8 | | years of age shall be
conducted by the Department, or a |
9 | | designee of the
Department.
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10 | | The Department is authorized to establish a system of |
11 | | recipient cost-sharing
for services provided under this |
12 | | Section. The cost-sharing shall be based upon
the |
13 | | recipient's ability to pay for services, but in no case |
14 | | shall the
recipient's share exceed the actual cost of the |
15 | | services provided. Protected
income shall not be |
16 | | considered by the Department in its determination of the
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17 | | recipient's ability to pay a share of the cost of |
18 | | services. The level of
cost-sharing shall be adjusted each |
19 | | year to reflect changes in the "protected
income" level. |
20 | | The Department shall deduct from the recipient's share of |
21 | | the
cost of services any money expended by the recipient |
22 | | for disability-related
expenses.
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23 | | To the extent permitted under the federal Social |
24 | | Security Act, the Department, or the Department's |
25 | | authorized representative, may recover
the amount of |
26 | | moneys expended for services provided to or in behalf of a |
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1 | | person
under this Section by a claim against the person's |
2 | | estate or against the estate
of the person's surviving |
3 | | spouse, but no recovery may be had until after the
death of |
4 | | the surviving spouse, if any, and then only at such time |
5 | | when there is
no surviving child who is under age 21 or |
6 | | blind or who has a permanent and total disability. This |
7 | | paragraph, however, shall not bar recovery, at the death |
8 | | of the
person, of moneys for services provided to the |
9 | | person or in behalf of the
person under this Section to |
10 | | which the person was not entitled; provided that
such |
11 | | recovery shall not be enforced against any real estate |
12 | | while
it is occupied as a homestead by the surviving |
13 | | spouse or other dependent, if no
claims by other creditors |
14 | | have been filed against the estate, or, if such
claims |
15 | | have been filed, they remain dormant for failure of |
16 | | prosecution or
failure of the claimant to compel |
17 | | administration of the estate for the purpose
of payment. |
18 | | This paragraph shall not bar recovery from the estate of a |
19 | | spouse,
under Sections 1915 and 1924 of the Social |
20 | | Security Act and Section 5-4 of the
Illinois Public Aid |
21 | | Code, who precedes a person receiving services under this
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22 | | Section in death. All moneys for services
paid to or in |
23 | | behalf of the person under this Section shall be claimed |
24 | | for
recovery from the deceased spouse's estate. |
25 | | "Homestead", as used in this
paragraph, means the dwelling |
26 | | house and
contiguous real estate occupied by a surviving |
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1 | | spouse or relative, as defined
by the rules and |
2 | | regulations of the Department of Healthcare and Family |
3 | | Services,
regardless of the value of the property.
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4 | | (g) To establish such subdivisions of the Department
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5 | | as shall be desirable and assign to the various |
6 | | subdivisions the
responsibilities and duties placed upon |
7 | | the Department by law.
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8 | | (h) To cooperate and enter into any necessary |
9 | | agreements with the
Department of Employment Security for |
10 | | the provision of job placement and
job referral services |
11 | | to clients of the Department, including job
service |
12 | | registration of such clients with Illinois Employment |
13 | | Security
offices and making job listings maintained by the |
14 | | Department of Employment
Security available to such |
15 | | clients.
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16 | | (i) To possess all powers reasonable and necessary for
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17 | | the exercise and administration of the powers, duties and
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18 | | responsibilities of the Department which are provided for |
19 | | by law.
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20 | | (j) (Blank).
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21 | | (k) (Blank).
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22 | | (l) To establish, operate, and maintain a Statewide |
23 | | Housing Clearinghouse
of information on available |
24 | | government subsidized housing accessible to
persons with |
25 | | disabilities and available privately owned housing |
26 | | accessible to
persons with disabilities. The information |
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1 | | shall include, but not be limited to, the
location, rental |
2 | | requirements, access features and proximity to public
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3 | | transportation of available housing. The Clearinghouse |
4 | | shall consist
of at least a computerized database for the |
5 | | storage and retrieval of
information and a separate or |
6 | | shared toll free telephone number for use by
those seeking |
7 | | information from the Clearinghouse. Department offices and
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8 | | personnel throughout the State shall also assist in the |
9 | | operation of the
Statewide Housing Clearinghouse. |
10 | | Cooperation with local, State, and federal
housing |
11 | | managers shall be sought and extended in order to |
12 | | frequently and
promptly update the Clearinghouse's |
13 | | information.
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14 | | (m) To assure that the names and case records of |
15 | | persons who received or
are
receiving services from the |
16 | | Department, including persons receiving vocational
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17 | | rehabilitation, home services, or other services, and |
18 | | those attending one of
the Department's schools or other |
19 | | supervised facility shall be confidential and
not be open |
20 | | to the general public. Those case records and reports or |
21 | | the
information contained in those records and reports |
22 | | shall be disclosed by the
Director only to proper law |
23 | | enforcement officials, individuals authorized by a
court, |
24 | | the General Assembly or any committee or commission of the |
25 | | General
Assembly, and other persons and for reasons as the |
26 | | Director designates by rule.
Disclosure by the Director |