093_HB1178

 
                                     LRB093 06992 BDD 07142 b

 1        AN ACT concerning preventive services.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Act on the Aging is  amended  by
 5    changing Section 4.02 as follows:

 6        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
 7        Sec.  4.02.  Preventive  services.  The  Department shall
 8    establish  a  program  of  services  to  prevent  unnecessary
 9    institutionalization of persons age 60 and older in  need  of
10    long  term  care or who are established as persons who suffer
11    from Alzheimer's disease or  a  related  disorder  under  the
12    Alzheimer's  Disease Assistance Act, thereby enabling them to
13    remain in their own homes or in  other  living  arrangements.
14    Such preventive services, which may be coordinated with other
15    programs for the aged and monitored by area agencies on aging
16    in  cooperation with the Department, may include, but are not
17    limited to, any or all of the following:
18             (a)  home health services;
19             (b)  home nursing services;
20             (c)  homemaker services;
21             (d)  chore and housekeeping services;
22             (e)  day care services;
23             (f)  home-delivered meals;
24             (g)  education in self-care;
25             (h)  personal care services;
26             (i)  adult day health services;
27             (j)  habilitation services;
28             (k)  respite care;
29             (l)  other  nonmedical  social  services  that   may
30        enable the person to become self-supporting; or
31             (m)  clearinghouse   for   information  provided  by
 
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 1        senior citizen home owners who want to rent rooms  to  or
 2        share living space with other senior citizens.
 3        The  Department shall establish eligibility standards for
 4    such services taking into consideration the  unique  economic
 5    and  social  needs of the target population for whom they are
 6    to be provided.  Such eligibility standards shall be based on
 7    the  recipient's  ability  to  pay  for  services;  provided,
 8    however,  that  in  determining  the  amount  and  nature  of
 9    services for which a person may qualify, consideration  shall
10    not  be  given to the value of cash, property or other assets
11    held in the name of the person's spouse pursuant to a written
12    agreement dividing marital property into equal  but  separate
13    shares  or pursuant to a transfer of the person's interest in
14    a home to his spouse, provided that the spouse's share of the
15    marital property is not made available to the person  seeking
16    such services.
17        Beginning July 1, 2002, the Department shall require as a
18    condition  of  eligibility that all applicants and recipients
19    apply for medical assistance under Article V of the  Illinois
20    Public  Aid  Code in accordance with rules promulgated by the
21    Department.
22        The Department shall, in conjunction with the  Department
23    of  Public  Aid,  seek  appropriate amendments under Sections
24    1915 and 1924 of the Social Security Act.  The purpose of the
25    amendments shall  be  to  extend  eligibility  for  home  and
26    community  based services under Sections 1915 and 1924 of the
27    Social Security Act to persons who transfer  to  or  for  the
28    benefit  of  a  spouse  those amounts of income and resources
29    allowed under  Section  1924  of  the  Social  Security  Act.
30    Subject  to  the  approval of such amendments, the Department
31    shall extend the provisions of Section 5-4  of  the  Illinois
32    Public Aid Code to persons who, but for the provision of home
33    or  community-based services, would require the level of care
34    provided in an institution, as is  provided  for  in  federal
 
                            -3-      LRB093 06992 BDD 07142 b
 1    law.   Those  persons  no  longer  found  to  be eligible for
 2    receiving noninstitutional services due  to  changes  in  the
 3    eligibility  criteria  shall be given 60 days notice prior to
 4    actual  termination.   Those  persons  receiving  notice   of
 5    termination  may  contact  the  Department  and  request  the
 6    determination  be  appealed  at  any  time  during the 60 day
 7    notice period.  With the exception of the  lengthened  notice
 8    and  time  frame  for  the appeal request, the appeal process
 9    shall follow the normal procedure.  In addition, each  person
10    affected  regardless  of  the  circumstances for discontinued
11    eligibility shall be given  notice  and  the  opportunity  to
12    purchase  the  necessary  services through the Community Care
13    Program.  If  the  individual  does  not  elect  to  purchase
14    services,  the  Department  shall  advise  the  individual of
15    alternative services.  The target population  identified  for
16    the  purposes  of  this  Section are persons age 60 and older
17    with an identified service need.  Priority shall be given  to
18    those  who are at imminent risk of institutionalization.  The
19    services shall be provided to eligible  persons  age  60  and
20    older  to  the  extent that the cost of the services together
21    with the other personal maintenance expenses of  the  persons
22    are  reasonably related to the standards established for care
23    in a group facility appropriate to  the  person's  condition.
24    These   non-institutional   services,   pilot   projects   or
25    experimental  facilities  may  be  provided  as part of or in
26    addition to those authorized by federal law or  those  funded
27    and  administered  by  the Department of Human Services.  The
28    Departments of Human Services,  Public  Aid,  Public  Health,
29    Veterans'  Affairs,  and  Commerce  and Community Affairs and
30    other  appropriate  agencies  of  State,  federal  and  local
31    governments shall cooperate with the Department on  Aging  in
32    the  establishment  and  development of the non-institutional
33    services.  The Department shall require an annual audit  from
34    all chore/housekeeping and homemaker vendors contracting with
 
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 1    the  Department  under  this Section.  The annual audit shall
 2    assure  that  each  audited  vendor's   procedures   are   in
 3    compliance  with  Department's financial reporting guidelines
 4    requiring a 27% administrative cost split and a 73%  employee
 5    wages  and benefits cost split.  The audit is a public record
 6    under the Freedom of Information Act.  The  Department  shall
 7    execute,  relative  to the nursing home prescreening project,
 8    written inter-agency agreements with the Department of  Human
 9    Services  and  the  Department  of  Public Aid, to effect the
10    following:  (1)  intake  procedures  and  common  eligibility
11    criteria    for    those    persons    who    are   receiving
12    non-institutional services; and  (2)  the  establishment  and
13    development  of  non-institutional  services  in areas of the
14    State  where  they  are  not  currently  available   or   are
15    undeveloped.   On  and  after  July 1, 1996, all nursing home
16    prescreenings for individuals 60 years of age or older  shall
17    be conducted by the Department.
18        The  Department  is  authorized  to establish a system of
19    recipient copayment for services provided under this Section,
20    such copayment to be based upon the  recipient's  ability  to
21    pay  but in no case to exceed the actual cost of the services
22    provided. Additionally, any  portion  of  a  person's  income
23    which  is  equal to or less than the federal poverty standard
24    shall not be considered by the Department in determining  the
25    copayment.   The  level  of  such copayment shall be adjusted
26    whenever necessary to reflect any change  in  the  officially
27    designated federal poverty standard.
28        The    Department,   or   the   Department's   authorized
29    representative, shall recover the amount of  moneys  expended
30    for  services provided to or in behalf of a person under this
31    Section by a claim against the person's estate or against the
32    estate of the person's surviving spouse, but no recovery  may
33    be had until after the death of the surviving spouse, if any,
34    and  then  only at such time when there is no surviving child
 
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 1    who is under  age  21,  blind,  or  permanently  and  totally
 2    disabled.   This  paragraph, however, shall not bar recovery,
 3    at the death of the person, of moneys for  services  provided
 4    to  the  person or in behalf of the person under this Section
 5    to which the person was  not  entitled;  provided  that  such
 6    recovery  shall not be enforced against any real estate while
 7    it is occupied as a homestead  by  the  surviving  spouse  or
 8    other  dependent,  if  no claims by other creditors have been
 9    filed against the estate, or, if such claims have been filed,
10    they remain dormant for failure of prosecution or failure  of
11    the  claimant  to compel administration of the estate for the
12    purpose of payment.  This paragraph shall  not  bar  recovery
13    from  the estate of a spouse, under Sections 1915 and 1924 of
14    the Social Security Act  and  Section  5-4  of  the  Illinois
15    Public  Aid  Code,  who  precedes a person receiving services
16    under this Section in death.  All moneys for services paid to
17    or in behalf of  the  person  under  this  Section  shall  be
18    claimed  for  recovery  from  the  deceased  spouse's estate.
19    "Homestead", as used in this paragraph,  means  the  dwelling
20    house  and  contiguous  real  estate  occupied by a surviving
21    spouse or relative, as defined by the rules  and  regulations
22    of  the  Illinois Department of Public Aid, regardless of the
23    value of the property.
24        The  Department  shall  develop  procedures  to   enhance
25    availability  of  services  on  evenings, weekends, and on an
26    emergency basis to meet  the  respite  needs  of  caregivers.
27    Procedures  shall  be  developed to permit the utilization of
28    services in successive blocks of 24 hours up to  the  monthly
29    maximum  established  by  the Department.   Workers providing
30    these services shall be appropriately trained.
31        Beginning on the effective date of this Amendatory Act of
32    1991, no person may perform chore/housekeeping and  homemaker
33    services  under  a  program authorized by this Section unless
34    that person has been issued a certificate of  pre-service  to
 
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 1    do  so  by his or her employing agency.  Information gathered
 2    to effect such certification shall include (i)  the  person's
 3    name,  (ii)  the  date  the  person  was  hired by his or her
 4    current employer, and (iii) the training, including dates and
 5    levels.  Persons engaged in the program  authorized  by  this
 6    Section  before  the effective date of this amendatory Act of
 7    1991 shall be issued a certificate  of  all  pre-service  and
 8    in-service  training from his or her employer upon submitting
 9    the necessary information.  The  employing  agency  shall  be
10    required  to  retain  records  of  all  staff pre-service and
11    in-service training, and shall provide such  records  to  the
12    Department   upon   request   and  upon  termination  of  the
13    employer's contract with the Department.   In  addition,  the
14    employing   agency   is   responsible  for  the  issuance  of
15    certifications of  in-service  training  completed  to  their
16    employees.
17        The  Department is required to develop a system to ensure
18    that persons working as  homemakers  and  chore  housekeepers
19    receive  increases  in  their  wages when the federal minimum
20    wage is increased by requiring vendors to certify  that  they
21    are  meeting  the federal minimum wage statute for homemakers
22    and chore housekeepers.  An employer that cannot ensure  that
23    the  minimum  wage  increase is being given to homemakers and
24    chore  housekeepers  shall  be   denied   any   increase   in
25    reimbursement  costs.  Beginning  July  1,  2003, the vendors
26    shall receive a rate increase of $1.37 per hour.
27        The Department on  Aging  and  the  Department  of  Human
28    Services shall cooperate in the development and submission of
29    an annual report on programs and services provided under this
30    Section.   Such joint report shall be filed with the Governor
31    and the General Assembly on or before September 30 each year.
32        The requirement for reporting  to  the  General  Assembly
33    shall  be  satisfied  by filing copies of the report with the
34    Speaker, the Minority Leader and the Clerk of  the  House  of
 
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 1    Representatives  and  the  President, the Minority Leader and
 2    the Secretary of the  Senate  and  the  Legislative  Research
 3    Unit,  as  required  by  Section  3.1 of the General Assembly
 4    Organization Act  and filing such additional copies with  the
 5    State  Government  Report Distribution Center for the General
 6    Assembly as is required under paragraph (t) of Section  7  of
 7    the State Library Act.
 8        Those  persons  previously  found  eligible for receiving
 9    non-institutional services whose services  were  discontinued
10    under  the  Emergency Budget Act of Fiscal Year 1992, and who
11    do not meet the eligibility standards in effect on  or  after
12    July  1,  1992,  shall remain ineligible on and after July 1,
13    1992.  Those persons previously not  required  to  cost-share
14    and  who were required to cost-share effective March 1, 1992,
15    shall continue to meet cost-share requirements on  and  after
16    July  1,  1992.   Beginning July 1, 1992, all clients will be
17    required  to  meet   eligibility,   cost-share,   and   other
18    requirements  and  will have services discontinued or altered
19    when they fail to meet these requirements.
20    (Source: P.A.  91-303,  eff.  1-1-00;  91-798,  eff.  7-9-00;
21    92-597, eff. 6-28-02.)

22        Section  99.   Effective date. This Act takes effect July
23    1, 2003.