093_HB3447 LRB093 05074 MKM 05134 b 1 AN ACT in relation to disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Disabled Persons Rehabilitation Act is 5 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 8 powers and duties enumerated herein: 9 (a) To co-operate with the federal government in the 10 administration of the provisions of the federal 11 Rehabilitation Act of 1973, as amended, of the Workforce 12 Investment Act of 1998, and of the federal Social Security 13 Act to the extent and in the manner provided in these Acts. 14 (b) To prescribe and supervise such courses of 15 vocational training and provide such other services as may be 16 necessary for the habilitation and rehabilitation of persons 17 with one or more disabilities, including the administrative 18 activities under subsection (e) of this Section, and to 19 co-operate with State and local school authorities and other 20 recognized agencies engaged in habilitation, rehabilitation 21 and comprehensive rehabilitation services; and to cooperate 22 with the Department of Children and Family Services regarding 23 the care and education of children with one or more 24 disabilities. 25 (c) (Blank). 26 (d) To report in writing, to the Governor, annually on 27 or before the first day of December, and at such other times 28 and in such manner and upon such subjects as the Governor may 29 require. The annual report shall contain (1) a statement of 30 the existing condition of comprehensive rehabilitation 31 services, habilitation and rehabilitation in the State; (2) a -2- LRB093 05074 MKM 05134 b 1 statement of suggestions and recommendations with reference 2 to the development of comprehensive rehabilitation services, 3 habilitation and rehabilitation in the State; and (3) an 4 itemized statement of the amounts of money received from 5 federal, State and other sources, and of the objects and 6 purposes to which the respective items of these several 7 amounts have been devoted. 8 (e) (Blank). 9 (f) To establish a program of services to prevent 10 unnecessary institutionalization of persons with Alzheimer's 11 disease and related disorders or persons in need of long term 12 care who are established as blind or disabled as defined by 13 the Social Security Act, thereby enabling them to remain in 14 their own homes or other living arrangements. Such preventive 15 services may include, but are not limited to, any or all of 16 the following: 17 (1) home health services; 18 (2) home nursing services; 19 (3) homemaker services; 20 (4) chore and housekeeping services; 21 (5) day care services; 22 (6) home-delivered meals; 23 (7) education in self-care; 24 (8) personal care services; 25 (9) adult day health services; 26 (10) habilitation services; 27 (11) respite care; or 28 (12) other nonmedical social services that may 29 enable the person to become self-supporting. 30 The Department shall establish eligibility standards for 31 such services taking into consideration the unique economic 32 and social needs of the population for whom they are to be 33 provided. Such eligibility standards may be based on the 34 recipient's ability to pay for services; provided, however, -3- LRB093 05074 MKM 05134 b 1 that any portion of a person's income that is equal to or 2 less than the "protected income" level shall not be 3 considered by the Department in determining eligibility. The 4 "protected income" level shall be determined by the 5 Department, shall never be less than the federal poverty 6 standard, and shall be adjusted each year to reflect changes 7 in the Consumer Price Index For All Urban Consumers as 8 determined by the United States Department of Labor. 9 Additionally, in determining the amount and nature of 10 services for which a person may qualify, consideration shall 11 not be given to the value of cash, property or other assets 12 held in the name of the person's spouse pursuant to a written 13 agreement dividing marital property into equal but separate 14 shares or pursuant to a transfer of the person's interest in 15 a home to his spouse, provided that the spouse's share of the 16 marital property is not made available to the person seeking 17 such services. 18 The services shall be provided to eligible persons to 19 prevent unnecessary or premature institutionalization, to the 20 extent that the cost of the services, together with the other 21 personal maintenance expenses of the persons, are reasonably 22 related to the standards established for care in a group 23 facility appropriate to their condition. These 24 non-institutional services, pilot projects or experimental 25 facilities may be provided as part of or in addition to those 26 authorized by federal law or those funded and administered by 27 the Illinois Department on Aging. 28 Personal care attendants shall be paid: 29 (i) A $5 per hour minimum rate beginning July 1, 30 1995. 31 (ii) A $5.30 per hour minimum rate beginning July 32 1, 1997. 33 (iii) A $5.40 per hour minimum rate beginning July 34 1, 1998. -4- LRB093 05074 MKM 05134 b 1 The Department shall pay an amount into a health care 2 fund jointly administered by representatives of the 3 individuals who perform those services. The amount must 4 equal $1.40 for each hour of preventive services provided 5 under this Section. The Department must use the moneys in 6 the fund to provide comprehensive health care coverage for 7 all individuals who perform more than 20 hours of preventive 8 services per week. If such an individual has dependents, the 9 health care coverage must also be extended to those 10 dependents. 11 The Department shall execute, relative to the nursing 12 home prescreening project, as authorized by Section 4.03 of 13 the Illinois Act on the Aging, written inter-agency 14 agreements with the Department on Aging and the Department of 15 Public Aid, to effect the following: (i) intake procedures 16 and common eligibility criteria for those persons who are 17 receiving non-institutional services; and (ii) the 18 establishment and development of non-institutional services 19 in areas of the State where they are not currently available 20 or are undeveloped. On and after July 1, 1996, all nursing 21 home prescreenings for individuals 18 through 59 years of age 22 shall be conducted by the Department. 23 The Department is authorized to establish a system of 24 recipient cost-sharing for services provided under this 25 Section. The cost-sharing shall be based upon the 26 recipient's ability to pay for services, but in no case shall 27 the recipient's share exceed the actual cost of the services 28 provided. Protected income shall not be considered by the 29 Department in its determination of the recipient's ability to 30 pay a share of the cost of services. The level of 31 cost-sharing shall be adjusted each year to reflect changes 32 in the "protected income" level. The Department shall deduct 33 from the recipient's share of the cost of services any money 34 expended by the recipient for disability-related expenses. -5- LRB093 05074 MKM 05134 b 1 The Department, or the Department's authorized 2 representative, shall recover the amount of moneys expended 3 for services provided to or in behalf of a person under this 4 Section by a claim against the person's estate or against the 5 estate of the person's surviving spouse, but no recovery may 6 be had until after the death of the surviving spouse, if any, 7 and then only at such time when there is no surviving child 8 who is under age 21, blind, or permanently and totally 9 disabled. This paragraph, however, shall not bar recovery, 10 at the death of the person, of moneys for services provided 11 to the person or in behalf of the person under this Section 12 to which the person was not entitled; provided that such 13 recovery shall not be enforced against any real estate while 14 it is occupied as a homestead by the surviving spouse or 15 other dependent, if no claims by other creditors have been 16 filed against the estate, or, if such claims have been filed, 17 they remain dormant for failure of prosecution or failure of 18 the claimant to compel administration of the estate for the 19 purpose of payment. This paragraph shall not bar recovery 20 from the estate of a spouse, under Sections 1915 and 1924 of 21 the Social Security Act and Section 5-4 of the Illinois 22 Public Aid Code, who precedes a person receiving services 23 under this Section in death. All moneys for services paid to 24 or in behalf of the person under this Section shall be 25 claimed for recovery from the deceased spouse's estate. 26 "Homestead", as used in this paragraph, means the dwelling 27 house and contiguous real estate occupied by a surviving 28 spouse or relative, as defined by the rules and regulations 29 of the Illinois Department of Public Aid, regardless of the 30 value of the property. 31 The Department and the Department on Aging shall 32 cooperate in the development and submission of an annual 33 report on programs and services provided under this Section. 34 Such joint report shall be filed with the Governor and the -6- LRB093 05074 MKM 05134 b 1 General Assembly on or before March 30 each year. 2 The requirement for reporting to the General Assembly 3 shall be satisfied by filing copies of the report with the 4 Speaker, the Minority Leader and the Clerk of the House of 5 Representatives and the President, the Minority Leader and 6 the Secretary of the Senate and the Legislative Research 7 Unit, as required by Section 3.1 of the General Assembly 8 Organization Act, and filing additional copies with the State 9 Government Report Distribution Center for the General 10 Assembly as required under paragraph (t) of Section 7 of the 11 State Library Act. 12 (g) To establish such subdivisions of the Department as 13 shall be desirable and assign to the various subdivisions the 14 responsibilities and duties placed upon the Department by 15 law. 16 (h) To cooperate and enter into any necessary agreements 17 with the Department of Employment Security for the provision 18 of job placement and job referral services to clients of the 19 Department, including job service registration of such 20 clients with Illinois Employment Security offices and making 21 job listings maintained by the Department of Employment 22 Security available to such 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 by 26 law. 27 (j) To establish a procedure whereby new providers of 28 personal care attendant services shall submit vouchers to the 29 State for payment two times during their first month of 30 employment and one time per month thereafter. In no case 31 shall the Department pay personal care attendants an hourly 32 wage that is less than the federal minimum wage. 33 (k) To provide adequate notice to providers of chore and 34 housekeeping services informing them that they are entitled -7- LRB093 05074 MKM 05134 b 1 to an interest payment on bills which are not promptly paid 2 pursuant to Section 3 of the State Prompt Payment Act. 3 (l) To establish, operate and maintain a Statewide 4 Housing Clearinghouse of information on available, government 5 subsidized housing accessible to disabled persons and 6 available privately owned housing accessible to disabled 7 persons. The information shall include but not be limited to 8 the location, rental requirements, access features and 9 proximity to public transportation of available housing. The 10 Clearinghouse shall consist of at least a computerized 11 database for the storage and retrieval of information and a 12 separate or shared toll free telephone number for use by 13 those seeking information from the Clearinghouse. Department 14 offices and personnel throughout the State shall also assist 15 in the operation of the Statewide Housing Clearinghouse. 16 Cooperation with local, State and federal housing managers 17 shall be sought and extended in order to frequently and 18 promptly update the Clearinghouse's information. 19 (m) To assure that the names and case records of persons 20 who received or are receiving services from the Department, 21 including persons receiving vocational rehabilitation, home 22 services, or other services, and those attending one of the 23 Department's schools or other supervised facility shall be 24 confidential and not be open to the general public. Those 25 case records and reports or the information contained in 26 those records and reports shall be disclosed by the Director 27 only to proper law enforcement officials, individuals 28 authorized by a court, the General Assembly or any committee 29 or commission of the General Assembly, and other persons and 30 for reasons as the Director designates by rule. Disclosure 31 by the Director may be only in accordance with other 32 applicable law. 33 (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.) -8- LRB093 05074 MKM 05134 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.