093_HB1178eng HB1178 Engrossed 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 HB1178 Engrossed -2- LRB093 06992 BDD 07142 b 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 HB1178 Engrossed -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 HB1178 Engrossed -4- LRB093 06992 BDD 07142 b 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 HB1178 Engrossed -5- LRB093 06992 BDD 07142 b 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 HB1178 Engrossed -6- LRB093 06992 BDD 07142 b 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 HB1178 Engrossed -7- LRB093 06992 BDD 07142 b 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.