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1 | AN ACT in relation to aging.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||||||||||||||||||||
5 | changing
Section 4.02 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | Sec. 4.02. The Department shall establish a program of | ||||||||||||||||||||||||
8 | services to
prevent unnecessary institutionalization of | ||||||||||||||||||||||||
9 | persons age 60 and older in
need of long term care or who are | ||||||||||||||||||||||||
10 | established as persons who suffer from
Alzheimer's disease or a | ||||||||||||||||||||||||
11 | related disorder under the Alzheimer's Disease
Assistance Act, | ||||||||||||||||||||||||
12 | thereby enabling them
to remain in their own homes or in other | ||||||||||||||||||||||||
13 | living arrangements. Such
preventive services, which may be | ||||||||||||||||||||||||
14 | coordinated with other programs for the
aged and monitored by | ||||||||||||||||||||||||
15 | area agencies on aging in cooperation with the
Department, may | ||||||||||||||||||||||||
16 | include, but are not limited to, any or all of the following:
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17 | (a) home health services;
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18 | (b) home nursing services;
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19 | (c) homemaker services;
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20 | (d) chore and housekeeping services;
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21 | (e) day care services;
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22 | (f) home-delivered meals;
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23 | (g) education in self-care;
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24 | (h) personal care services;
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25 | (i) adult day health services;
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26 | (j) habilitation services;
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27 | (k) respite care;
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28 | (l) other nonmedical social services that may enable | ||||||||||||||||||||||||
29 | the person
to become self-supporting; or
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30 | (m) clearinghouse for information provided by senior | ||||||||||||||||||||||||
31 | citizen home owners
who want to rent rooms to or share | ||||||||||||||||||||||||
32 | living space with other senior citizens.
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1 | The Department shall establish eligibility standards for | ||||||
2 | such
services taking into consideration the unique economic and | ||||||
3 | social needs
of the target population for whom they are to be | ||||||
4 | provided. The eligibility standards must include a provision | ||||||
5 | that, to be eligible for services under this Section, a person | ||||||
6 | may not have assets (other than specifically exempt assets) | ||||||
7 | totaling more than $15,000 in the State fiscal year beginning | ||||||
8 | July 1, 2004, $17,500 in the State fiscal year beginning July | ||||||
9 | 1, 2005, and $20,000 in the State fiscal year beginning July 1, | ||||||
10 | 2006 if: | ||||||
11 | (1) the person is unmarried; or
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12 | (2) the person is married and the Department determines | ||||||
13 | that:
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14 | (A) the person's spouse receives services under | ||||||
15 | this Section; or
| ||||||
16 | (B) the person's spouse resides in a skilled | ||||||
17 | nursing or intermediate
long-term care facility that | ||||||
18 | is subject to licensure by the Department of
Public | ||||||
19 | Health under the Nursing Home Care Act; or
| ||||||
20 | (C) the person's spouse does not reside on a | ||||||
21 | permanent basis with the
person and does not receive | ||||||
22 | support from or give support to the person; or
| ||||||
23 | (D) the person has been abandoned by his or her | ||||||
24 | spouse; or
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25 | (E) the person has been the subject of a report of | ||||||
26 | abuse (as defined in
the Elder Abuse and Neglect Act) | ||||||
27 | by his or her spouse.
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28 | Notwithstanding the preceding paragraph, the eligibility | ||||||
29 | standards must
include a provision that, to be eligible for | ||||||
30 | services under this Section, a
person who is married and whose | ||||||
31 | spouse does not receive services under this
Section may not | ||||||
32 | have assets (other than specifically exempt assets) totaling
| ||||||
33 | more than the asset disregard amount used by the Department of | ||||||
34 | Public Aid in
determining eligibility for medical assistance | ||||||
35 | under Article V of the Illinois
Public Aid Code. A person who | ||||||
36 | does not meet the eligibility standards for services under this |
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1 | Section because of excess assets may establish eligibility for | ||||||
2 | those services by paying a monthly amount to the Department as | ||||||
3 | a spend-down or deductible. The Department shall establish | ||||||
4 | appropriate procedures to permit payment of such amounts as a | ||||||
5 | spend-down or deductible.
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6 | Such eligibility
standards shall be based on the | ||||||
7 | recipient's ability to pay for services;
provided, however, | ||||||
8 | that in determining the amount and nature of services
for which | ||||||
9 | a person may qualify, consideration shall not be given to the
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10 | value of cash, property or other assets held in the name of the | ||||||
11 | person's
spouse pursuant to a written agreement dividing | ||||||
12 | marital property into equal
but separate shares or pursuant to | ||||||
13 | a transfer of the person's interest in a
home to his spouse, | ||||||
14 | provided that the spouse's share of the marital
property is not | ||||||
15 | made available to the person seeking such services.
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16 | Beginning July 1, 2002, the Department shall require as a | ||||||
17 | condition of
eligibility that all financially eligible | ||||||
18 | applicants and recipients apply
for medical assistance
under | ||||||
19 | Article V of the Illinois Public Aid Code in accordance with | ||||||
20 | rules
promulgated by the Department.
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21 | The Department shall, in conjunction with the Department of | ||||||
22 | Public Aid,
seek appropriate amendments under Sections 1915 and | ||||||
23 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
24 | shall be to extend eligibility
for home and community based | ||||||
25 | services under Sections 1915 and 1924 of the
Social Security | ||||||
26 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
27 | those amounts of income and resources allowed under Section | ||||||
28 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
29 | such amendments, the
Department shall extend the provisions of | ||||||
30 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
31 | for the provision of home or
community-based services, would | ||||||
32 | require the level of care provided in an
institution, as is | ||||||
33 | provided for in federal law. Those persons no longer
found to | ||||||
34 | be eligible for receiving noninstitutional services due to | ||||||
35 | changes
in the eligibility criteria shall be given 60 days | ||||||
36 | notice prior to actual
termination. Those persons receiving |
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1 | notice of termination may contact the
Department and request | ||||||
2 | the determination be appealed at any time during the
60 day | ||||||
3 | notice period. With the exception of the lengthened notice and | ||||||
4 | time
frame for the appeal request, the appeal process shall | ||||||
5 | follow the normal
procedure. In addition, each person affected | ||||||
6 | regardless of the
circumstances for discontinued eligibility | ||||||
7 | shall be given notice and the
opportunity to purchase the | ||||||
8 | necessary services through the Community Care
Program. If the | ||||||
9 | individual does not elect to purchase services, the
Department | ||||||
10 | shall advise the individual of alternative services. The target
| ||||||
11 | population identified for the purposes of this Section are | ||||||
12 | persons age 60
and older with an identified service need. | ||||||
13 | Priority shall be given to those
who are at imminent risk of | ||||||
14 | institutionalization. The services shall be
provided to | ||||||
15 | eligible persons age 60 and older to the extent that the cost
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16 | of the services together with the other personal maintenance
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17 | expenses of the persons are reasonably related to the standards
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18 | established for care in a group facility appropriate to the | ||||||
19 | person's
condition. These non-institutional services, pilot | ||||||
20 | projects or
experimental facilities may be provided as part of | ||||||
21 | or in addition to
those authorized by federal law or those | ||||||
22 | funded and administered by the
Department of Human Services. | ||||||
23 | The Departments of Human Services, Public Aid,
Public Health, | ||||||
24 | Veterans' Affairs, and Commerce and Economic Opportunity
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25 | Community Affairs and
other appropriate agencies of State, | ||||||
26 | federal and local governments shall
cooperate with the | ||||||
27 | Department on Aging in the establishment and development
of the | ||||||
28 | non-institutional services. The Department shall require an | ||||||
29 | annual
audit from all chore/housekeeping and homemaker vendors | ||||||
30 | contracting with
the Department under this Section. The annual | ||||||
31 | audit shall assure that each
audited vendor's procedures are in | ||||||
32 | compliance with Department's financial
reporting guidelines | ||||||
33 | requiring a 27% administrative cost split and a 73%
employee | ||||||
34 | wages and benefits cost split. The audit is a public record | ||||||
35 | under
the Freedom of Information Act. The Department shall | ||||||
36 | execute, relative to
the nursing home prescreening project, |
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1 | written inter-agency
agreements with the Department of Human | ||||||
2 | Services and the Department
of Public Aid, to effect the | ||||||
3 | following: (1) intake procedures and common
eligibility | ||||||
4 | criteria for those persons who are receiving non-institutional
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5 | services; and (2) the establishment and development of | ||||||
6 | non-institutional
services in areas of the State where they are | ||||||
7 | not currently available or are
undeveloped. On and after July | ||||||
8 | 1, 1996, all nursing home prescreenings for
individuals 60 | ||||||
9 | years of age or older shall be conducted by the Department.
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10 | The Department is authorized to establish a system of | ||||||
11 | recipient copayment
for services provided under this Section, | ||||||
12 | such copayment to be based upon
the recipient's ability to pay | ||||||
13 | but in no case to exceed the actual cost of
the services | ||||||
14 | provided. Additionally, any portion of a person's income which
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15 | is equal to or less than the federal poverty standard shall not | ||||||
16 | be
considered by the Department in determining the copayment. | ||||||
17 | The level of
such copayment shall be adjusted whenever | ||||||
18 | necessary to reflect any change
in the officially designated | ||||||
19 | federal poverty standard.
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20 | The Department, or the Department's authorized | ||||||
21 | representative, shall
recover the amount of moneys expended for | ||||||
22 | services provided to or in
behalf of a person under this | ||||||
23 | Section by a claim against the person's
estate or against the | ||||||
24 | estate of the person's surviving spouse, but no
recovery may be | ||||||
25 | had until after the death of the surviving spouse, if
any, and | ||||||
26 | then only at such time when there is no surviving child who
is | ||||||
27 | under age 21, blind, or permanently and totally disabled. This
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28 | paragraph, however, shall not bar recovery, at the death of the | ||||||
29 | person, of
moneys for services provided to the person or in | ||||||
30 | behalf of the person under
this Section to which the person was | ||||||
31 | not entitled;
provided that such recovery shall not be enforced | ||||||
32 | against any real estate while
it is occupied as a homestead by | ||||||
33 | the surviving spouse or other dependent, if no
claims by other | ||||||
34 | creditors have been filed against the estate, or, if such
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35 | claims have been filed, they remain dormant for failure of | ||||||
36 | prosecution or
failure of the claimant to compel administration |
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1 | of the estate for the purpose
of payment. This paragraph shall | ||||||
2 | not bar recovery from the estate of a spouse,
under Sections | ||||||
3 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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4 | Illinois Public Aid Code, who precedes a person receiving | ||||||
5 | services under this
Section in death. All moneys for services
| ||||||
6 | paid to or in behalf of the person under this Section shall be | ||||||
7 | claimed for
recovery from the deceased spouse's estate. | ||||||
8 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
9 | house and
contiguous real estate occupied by a surviving spouse
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10 | or relative, as defined by the rules and regulations of the | ||||||
11 | Illinois Department
of Public Aid, regardless of the value of | ||||||
12 | the property.
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13 | The Department shall develop procedures to enhance | ||||||
14 | availability of
services on evenings, weekends, and on an | ||||||
15 | emergency basis to meet the
respite needs of caregivers. | ||||||
16 | Procedures shall be developed to permit the
utilization of | ||||||
17 | services in successive blocks of 24 hours up to the monthly
| ||||||
18 | maximum established by the Department. Workers providing these | ||||||
19 | services
shall be appropriately trained.
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20 | Beginning on the effective date of this Amendatory Act of | ||||||
21 | 1991, no person
may perform chore/housekeeping and homemaker | ||||||
22 | services under a program
authorized by this Section unless that | ||||||
23 | person has been issued a certificate
of pre-service to do so by | ||||||
24 | his or her employing agency. Information
gathered to effect | ||||||
25 | such certification shall include (i) the person's name,
(ii) | ||||||
26 | the date the person was hired by his or her current employer, | ||||||
27 | and
(iii) the training, including dates and levels. Persons | ||||||
28 | engaged in the
program authorized by this Section before the | ||||||
29 | effective date of this
amendatory Act of 1991 shall be issued a | ||||||
30 | certificate of all pre- and
in-service training from his or her | ||||||
31 | employer upon submitting the necessary
information. The | ||||||
32 | employing agency shall be required to retain records of
all | ||||||
33 | staff pre- and in-service training, and shall provide such | ||||||
34 | records to
the Department upon request and upon termination of | ||||||
35 | the employer's contract
with the Department. In addition, the | ||||||
36 | employing agency is responsible for
the issuance of |
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1 | certifications of in-service training completed to their
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2 | employees.
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3 | The Department is required to develop a system to ensure | ||||||
4 | that persons
working as homemakers and chore housekeepers | ||||||
5 | receive increases in their
wages when the federal minimum wage | ||||||
6 | is increased by requiring vendors to
certify that they are | ||||||
7 | meeting the federal minimum wage statute for homemakers
and | ||||||
8 | chore housekeepers. An employer that cannot ensure that the | ||||||
9 | minimum
wage increase is being given to homemakers and chore | ||||||
10 | housekeepers
shall be denied any increase in reimbursement | ||||||
11 | costs.
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12 | The Department on Aging and the Department of Human | ||||||
13 | Services
shall cooperate in the development and submission of | ||||||
14 | an annual report on
programs and services provided under this | ||||||
15 | Section. Such joint report
shall be filed with the Governor and | ||||||
16 | the General Assembly on or before
September 30 each year.
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17 | The requirement for reporting to the General Assembly shall | ||||||
18 | be satisfied
by filing copies of the report with the Speaker, | ||||||
19 | the Minority Leader and
the Clerk of the House of | ||||||
20 | Representatives and the President, the Minority
Leader and the | ||||||
21 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
22 | required by Section 3.1 of the General Assembly Organization | ||||||
23 | Act and
filing such additional copies with the State Government | ||||||
24 | Report Distribution
Center for the General Assembly as is | ||||||
25 | required under paragraph (t) of
Section 7 of the State Library | ||||||
26 | Act.
| ||||||
27 | Those persons previously found eligible for receiving | ||||||
28 | non-institutional
services whose services were discontinued | ||||||
29 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
30 | not meet the eligibility standards in effect
on or after July | ||||||
31 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
32 | Those persons previously not required to cost-share and who | ||||||
33 | were
required to cost-share effective March 1, 1992, shall | ||||||
34 | continue to meet
cost-share requirements on and after July 1, | ||||||
35 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
36 | meet
eligibility, cost-share, and other requirements and will |
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1 | have services
discontinued or altered when they fail to meet | ||||||
2 | these requirements.
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3 | (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised | ||||||
4 | 12-6-03.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law. |