Sen. Javier L. Cervantes
Filed: 3/28/2023
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 505 




2    AMENDMENT NO. ______. Amend Senate Bill 505 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 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 
 
 
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1    be necessary for the vocational rehabilitation of persons 
2    with one or more disabilities, including the

3    administrative activities under subsection (e) of this 
4    Section; to cooperate
 with State and local school 
5    authorities and other recognized
agencies engaged in 
6    vocational
rehabilitation services; and to cooperate with 
7    the Department of Children
and Family Services, the 
8    Illinois State Board of Education, and others regarding 
9    the education of children with one
or more disabilities.

10        (c) (Blank).

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

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

25        (e) (Blank).

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

6            (1) personal assistant services;

7            (2) homemaker services;

8            (3) home-delivered meals;

9            (4) adult day care services;

10            (5) respite care;

11            (6) home modification or assistive equipment;

12            (7) home health services;

13            (8) electronic home response;

14            (9) brain injury behavioral/cognitive services;

15            (10) brain injury habilitation;

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

17            (12) brain injury supported employment.

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

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

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

13        The services shall be provided, as established by the

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

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

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

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

3    between the State and an exclusive representative of 
4    personal
assistants under a collective bargaining 
5    agreement. In no case
shall the Department pay personal 
6    assistants an hourly wage
that is less than the federal 
7    minimum wage. Within 30 days after July 6, 2017 (the 
8    effective date of Public Act 100-23), the hourly wage paid 
9    to personal assistants and individual maintenance home 
10    health workers shall be increased by $0.48 per hour. Wages 
11    and other benefits for personal assistants shall not count 
12    against benefits that guardians receive as outlined in 
13    Article XIa of the Probate Act of 1975. 




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

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

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

6    Insurance Act
of 1971.

7        The Department shall execute, relative to nursing home 
8    prescreening, as authorized by Section 4.03 of the 
9    Illinois Act on the Aging,
written inter-agency agreements 
10    with the Department on Aging and
the Department of 
11    Healthcare and Family Services, to effect the intake 
12    procedures
and eligibility criteria for those persons who 
13    may need long term care.  On and after July 1, 1996, all 
14    nursing
home prescreenings for individuals 18 through 59 
15    years of age shall be
conducted by the Department, or a 
16    designee of the
Department.

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

24    recipient's ability to pay a share of the cost of 
25    services.  The level of
cost-sharing shall be adjusted each 
26    year to reflect changes in the "protected
income" level.  
 
 
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1    The Department shall deduct from the recipient's share of 
2    the
cost of services any money expended by the recipient 
3    for disability-related
expenses.

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

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



11        (g) To establish such subdivisions of the Department

12    as shall be desirable and assign to the various 
13    subdivisions the
responsibilities and duties placed upon 
14    the Department by law.

15        (h) To cooperate and enter into any necessary 
16    agreements with the
Department of Employment Security for 
17    the provision of job placement and
job referral services 
18    to clients of the Department, including job
service 
19    registration of such clients with Illinois Employment 
20    Security
offices and making job listings maintained by the 
21    Department of Employment
Security available to such 
22    clients.

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

24    the exercise and administration of the powers, duties and

25    responsibilities of the Department which are provided for 
26    by law.

 
 
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1        (j) (Blank).

2        (k) (Blank).

3        (l) To establish, operate, and maintain a Statewide 
4    Housing Clearinghouse
of information on available 
5    government subsidized housing accessible to
persons with 
6    disabilities and available privately owned housing 
7    accessible to
persons with disabilities.  The information 
8    shall include, but not be limited to, the
location, rental 
9    requirements, access features and proximity to public

10    transportation of available housing.  The Clearinghouse 
11    shall consist
of at least a computerized database for the 
12    storage and retrieval of
information and a separate or 
13    shared toll free telephone number for use by
those seeking 
14    information from the Clearinghouse.  Department offices and

15    personnel throughout the State shall also assist in the 
16    operation of the
Statewide Housing Clearinghouse.  
17    Cooperation with local, State, and federal
housing 
18    managers shall be sought and extended in order to 
19    frequently and
promptly update the Clearinghouse's 
20    information.

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

24    rehabilitation, home services, or other services, and 
25    those attending one of
the Department's schools or other 
26    supervised facility shall be confidential and
not be open 
 
 
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1    to the general public.  Those case records and reports or 
2    the
information contained in those records and reports 
3    shall be disclosed by the
Director only to proper law 
4    enforcement officials, individuals authorized by a
court, 
5    the General Assembly or any committee or commission of the 
6    General
Assembly, and other persons and for reasons as the 
7    Director designates by rule.
 Disclosure by the Director 
8    may be only in accordance with other applicable
law.

9(Source: P.A. 102-264, eff. 8-6-21; 102-826, eff. 5-13-22.)".