093_HB1394eng HB1394 Engrossed LRB093 07649 BDD 07828 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 HB1394 Engrossed -2- LRB093 07649 BDD 07828 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 HB1394 Engrossed -3- LRB093 07649 BDD 07828 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 HB1394 Engrossed -4- LRB093 07649 BDD 07828 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 HB1394 Engrossed -5- LRB093 07649 BDD 07828 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 HB1394 Engrossed -6- LRB093 07649 BDD 07828 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- and in-service 8 training from his or her employer upon submitting the 9 necessary information. The employing agency shall be 10 required to retain records of all staff pre- and in-service 11 training, and shall provide such records to the Department 12 upon request and upon termination of the employer's contract 13 with the Department. In addition, the employing agency is 14 responsible for the issuance of certifications of in-service 15 training completed to their employees. 16 The Department is required to develop a system to ensure 17 that persons working as homemakers and chore housekeepers 18 receive increases in their wages when the federal minimum 19 wage is increased by requiring vendors to certify that they 20 are meeting the federal minimum wage statute for homemakers 21 and chore housekeepers. An employer that cannot ensure that 22 the minimum wage increase is being given to homemakers and 23 chore housekeepers shall be denied any increase in 24 reimbursement costs. Beginning July 1, 2003, the vendors 25 shall receive a rate increase equal to the percent increase 26 in the federal or State minimum wage each time the federal or 27 State minimum wage is increased. 28 The Department on Aging and the Department of Human 29 Services shall cooperate in the development and submission of 30 an annual report on programs and services provided under this 31 Section. Such joint report shall be filed with the Governor 32 and the General Assembly on or before September 30 each year. 33 The requirement for reporting to the General Assembly 34 shall be satisfied by filing copies of the report with the HB1394 Engrossed -7- LRB093 07649 BDD 07828 b 1 Speaker, the Minority Leader and the Clerk of the House of 2 Representatives and the President, the Minority Leader and 3 the Secretary of the Senate and the Legislative Research 4 Unit, as required by Section 3.1 of the General Assembly 5 Organization Act and filing such additional copies with the 6 State Government Report Distribution Center for the General 7 Assembly as is required under paragraph (t) of Section 7 of 8 the State Library Act. 9 Those persons previously found eligible for receiving 10 non-institutional services whose services were discontinued 11 under the Emergency Budget Act of Fiscal Year 1992, and who 12 do not meet the eligibility standards in effect on or after 13 July 1, 1992, shall remain ineligible on and after July 1, 14 1992. Those persons previously not required to cost-share 15 and who were required to cost-share effective March 1, 1992, 16 shall continue to meet cost-share requirements on and after 17 July 1, 1992. Beginning July 1, 1992, all clients will be 18 required to meet eligibility, cost-share, and other 19 requirements and will have services discontinued or altered 20 when they fail to meet these requirements. 21 (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00; 22 92-597, eff. 6-28-02.) 23 Section 10. The Disabled Persons Rehabilitation Act is 24 amended by changing Section 3 as follows: 25 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 26 Sec. 3. Powers and duties. The Department shall have the 27 powers and duties enumerated herein: 28 (a) To co-operate with the federal government in the 29 administration of the provisions of the federal 30 Rehabilitation Act of 1973, as amended, of the Workforce 31 Investment Act of 1998, and of the federal Social Security 32 Act to the extent and in the manner provided in these Acts. HB1394 Engrossed -8- LRB093 07649 BDD 07828 b 1 (b) To prescribe and supervise such courses of 2 vocational training and provide such other services as may be 3 necessary for the habilitation and rehabilitation of persons 4 with one or more disabilities, including the administrative 5 activities under subsection (e) of this Section, and to 6 co-operate with State and local school authorities and other 7 recognized agencies engaged in habilitation, rehabilitation 8 and comprehensive rehabilitation services; and to cooperate 9 with the Department of Children and Family Services regarding 10 the care and education of children with one or more 11 disabilities. 12 (c) (Blank). 13 (d) To report in writing, to the Governor, annually on 14 or before the first day of December, and at such other times 15 and in such manner and upon such subjects as the Governor may 16 require. The annual report shall contain (1) a statement of 17 the existing condition of comprehensive rehabilitation 18 services, habilitation and rehabilitation in the State; (2) a 19 statement of suggestions and recommendations with reference 20 to the development of comprehensive rehabilitation services, 21 habilitation and rehabilitation in the State; and (3) an 22 itemized statement of the amounts of money received from 23 federal, State and other sources, and of the objects and 24 purposes to which the respective items of these several 25 amounts have been devoted. 26 (e) (Blank). 27 (f) To establish a program of services to prevent 28 unnecessary institutionalization of persons with Alzheimer's 29 disease and related disorders or persons in need of long term 30 care who are established as blind or disabled as defined by 31 the Social Security Act, thereby enabling them to remain in 32 their own homes or other living arrangements. Such preventive 33 services may include, but are not limited to, any or all of 34 the following: HB1394 Engrossed -9- LRB093 07649 BDD 07828 b 1 (1) home health services; 2 (2) home nursing services; 3 (3) homemaker services; 4 (4) chore and housekeeping services; 5 (5) day care services; 6 (6) home-delivered meals; 7 (7) education in self-care; 8 (8) personal care services; 9 (9) adult day health services; 10 (10) habilitation services; 11 (11) respite care; or 12 (12) other nonmedical social services that may 13 enable the person to become self-supporting. 14 The Department shall establish eligibility standards for 15 such services taking into consideration the unique economic 16 and social needs of the population for whom they are to be 17 provided. Such eligibility standards may be based on the 18 recipient's ability to pay for services; provided, however, 19 that any portion of a person's income that is equal to or 20 less than the "protected income" level shall not be 21 considered by the Department in determining eligibility. The 22 "protected income" level shall be determined by the 23 Department, shall never be less than the federal poverty 24 standard, and shall be adjusted each year to reflect changes 25 in the Consumer Price Index For All Urban Consumers as 26 determined by the United States Department of Labor. 27 Additionally, in determining the amount and nature of 28 services for which a person may qualify, consideration shall 29 not be given to the value of cash, property or other assets 30 held in the name of the person's spouse pursuant to a written 31 agreement dividing marital property into equal but separate 32 shares or pursuant to a transfer of the person's interest in 33 a home to his spouse, provided that the spouse's share of the 34 marital property is not made available to the person seeking HB1394 Engrossed -10- LRB093 07649 BDD 07828 b 1 such services. 2 The services shall be provided to eligible persons to 3 prevent unnecessary or premature institutionalization, to the 4 extent that the cost of the services, together with the other 5 personal maintenance expenses of the persons, are reasonably 6 related to the standards established for care in a group 7 facility appropriate to their condition. These 8 non-institutional services, pilot projects or experimental 9 facilities may be provided as part of or in addition to those 10 authorized by federal law or those funded and administered by 11 the Illinois Department on Aging. 12 Personal care attendants shall be paid: 13 (i) A $5 per hour minimum rate beginning July 1, 14 1995. 15 (ii) A $5.30 per hour minimum rate beginning July 16 1, 1997. 17 (iii) A $5.40 per hour minimum rate beginning July 18 1, 1998. 19 Beginning July 1, 2003, personal care attendants shall 20 receive a percentage increase in wages equal to the percent 21 increase in the federal or State minimum wage each time the 22 federal or State minimum wage is increased. 23 The Department shall execute, relative to the nursing 24 home prescreening project, as authorized by Section 4.03 of 25 the Illinois Act on the Aging, written inter-agency 26 agreements with the Department on Aging and the Department of 27 Public Aid, to effect the following: (i) intake procedures 28 and common eligibility criteria for those persons who are 29 receiving non-institutional services; and (ii) the 30 establishment and development of non-institutional services 31 in areas of the State where they are not currently available 32 or are undeveloped. On and after July 1, 1996, all nursing 33 home prescreenings for individuals 18 through 59 years of age 34 shall be conducted by the Department. HB1394 Engrossed -11- LRB093 07649 BDD 07828 b 1 The Department is authorized to establish a system of 2 recipient cost-sharing for services provided under this 3 Section. The cost-sharing shall be based upon the 4 recipient's ability to pay for services, but in no case shall 5 the recipient's share exceed the actual cost of the services 6 provided. Protected income shall not be considered by the 7 Department in its determination of the recipient's ability to 8 pay a share of the cost of services. The level of 9 cost-sharing shall be adjusted each year to reflect changes 10 in the "protected income" level. The Department shall deduct 11 from the recipient's share of the cost of services any money 12 expended by the recipient for disability-related expenses. 13 The Department, or the Department's authorized 14 representative, shall recover the amount of moneys expended 15 for services provided to or in behalf of a person under this 16 Section by a claim against the person's estate or against the 17 estate of the person's surviving spouse, but no recovery may 18 be had until after the death of the surviving spouse, if any, 19 and then only at such time when there is no surviving child 20 who is under age 21, blind, or permanently and totally 21 disabled. This paragraph, however, shall not bar recovery, 22 at the death of the person, of moneys for services provided 23 to the person or in behalf of the person under this Section 24 to which the person was not entitled; provided that such 25 recovery shall not be enforced against any real estate while 26 it is occupied as a homestead by the surviving spouse or 27 other dependent, if no claims by other creditors have been 28 filed against the estate, or, if such claims have been filed, 29 they remain dormant for failure of prosecution or failure of 30 the claimant to compel administration of the estate for the 31 purpose of payment. This paragraph shall not bar recovery 32 from the estate of a spouse, under Sections 1915 and 1924 of 33 the Social Security Act and Section 5-4 of the Illinois 34 Public Aid Code, who precedes a person receiving services HB1394 Engrossed -12- LRB093 07649 BDD 07828 b 1 under this Section in death. All moneys for services paid to 2 or in behalf of the person under this Section shall be 3 claimed for recovery from the deceased spouse's estate. 4 "Homestead", as used in this paragraph, means the dwelling 5 house and contiguous real estate occupied by a surviving 6 spouse or relative, as defined by the rules and regulations 7 of the Illinois Department of Public Aid, regardless of the 8 value of the property. 9 The Department and the Department on Aging shall 10 cooperate in the development and submission of an annual 11 report on programs and services provided under this Section. 12 Such joint report shall be filed with the Governor and the 13 General Assembly on or before March 30 each year. 14 The requirement for reporting to the General Assembly 15 shall be satisfied by filing copies of the report with the 16 Speaker, the Minority Leader and the Clerk of the House of 17 Representatives and the President, the Minority Leader and 18 the Secretary of the Senate and the Legislative Research 19 Unit, as required by Section 3.1 of the General Assembly 20 Organization Act, and filing additional copies with the State 21 Government Report Distribution Center for the General 22 Assembly as required under paragraph (t) of Section 7 of the 23 State Library Act. 24 (g) To establish such subdivisions of the Department as 25 shall be desirable and assign to the various subdivisions the 26 responsibilities and duties placed upon the Department by 27 law. 28 (h) To cooperate and enter into any necessary agreements 29 with the Department of Employment Security for the provision 30 of job placement and job referral services to clients of the 31 Department, including job service registration of such 32 clients with Illinois Employment Security offices and making 33 job listings maintained by the Department of Employment 34 Security available to such clients. HB1394 Engrossed -13- LRB093 07649 BDD 07828 b 1 (i) To possess all powers reasonable and necessary for 2 the exercise and administration of the powers, duties and 3 responsibilities of the Department which are provided for by 4 law. 5 (j) To establish a procedure whereby new providers of 6 personal care attendant services shall submit vouchers to the 7 State for payment two times during their first month of 8 employment and one time per month thereafter. In no case 9 shall the Department pay personal care attendants an hourly 10 wage that is less than the federal minimum wage. 11 (k) To provide adequate notice to providers of chore and 12 housekeeping services informing them that they are entitled 13 to an interest payment on bills which are not promptly paid 14 pursuant to Section 3 of the State Prompt Payment Act. 15 (l) To establish, operate and maintain a Statewide 16 Housing Clearinghouse of information on available, government 17 subsidized housing accessible to disabled persons and 18 available privately owned housing accessible to disabled 19 persons. The information shall include but not be limited to 20 the location, rental requirements, access features and 21 proximity to public transportation of available housing. The 22 Clearinghouse shall consist of at least a computerized 23 database for the storage and retrieval of information and a 24 separate or shared toll free telephone number for use by 25 those seeking information from the Clearinghouse. Department 26 offices and personnel throughout the State shall also assist 27 in the operation of the Statewide Housing Clearinghouse. 28 Cooperation with local, State and federal housing managers 29 shall be sought and extended in order to frequently and 30 promptly update the Clearinghouse's information. 31 (m) To assure that the names and case records of persons 32 who received or are receiving services from the Department, 33 including persons receiving vocational rehabilitation, home 34 services, or other services, and those attending one of the HB1394 Engrossed -14- LRB093 07649 BDD 07828 b 1 Department's schools or other supervised facility shall be 2 confidential and not be open to the general public. Those 3 case records and reports or the information contained in 4 those records and reports shall be disclosed by the Director 5 only to proper law enforcement officials, individuals 6 authorized by a court, the General Assembly or any committee 7 or commission of the General Assembly, and other persons and 8 for reasons as the Director designates by rule. Disclosure 9 by the Director may be only in accordance with other 10 applicable law. 11 (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.) 12 Section 99. Effective date. This Act takes effect July 13 1, 2003.