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1 | AN ACT concerning disabled persons.
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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 Disabled Persons Rehabilitation Act is | |||||||||||||||||||
5 | amended by changing
Section 3 as follows:
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6 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
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7 | Sec. 3. Powers and duties. The Department shall have the | |||||||||||||||||||
8 | following
powers and
duties enumerated
herein :
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9 | (a) To co-operate with the federal government in the | |||||||||||||||||||
10 | administration
of the provisions of the federal Rehabilitation | |||||||||||||||||||
11 | Act of 1973, as amended,
of the Workforce Investment Act of | |||||||||||||||||||
12 | 1998,
and of the federal Social Security Act to the extent and | |||||||||||||||||||
13 | in the manner
provided in these Acts.
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14 | (b) To prescribe and supervise such courses of vocational | |||||||||||||||||||
15 | training
and provide such other services as may be necessary | |||||||||||||||||||
16 | for the habilitation
and rehabilitation of persons with one or | |||||||||||||||||||
17 | more disabilities, including the
administrative activities | |||||||||||||||||||
18 | under subsection (e) of this Section, and to
co-operate with | |||||||||||||||||||
19 | State and local school authorities and other recognized
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20 | agencies engaged in habilitation, rehabilitation and | |||||||||||||||||||
21 | comprehensive
rehabilitation services; and to cooperate with | |||||||||||||||||||
22 | the Department of Children
and Family Services regarding the | |||||||||||||||||||
23 | care and education of children with one
or more disabilities.
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24 | (c) (Blank).
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25 | (d) To report in writing, to the Governor, annually on or | |||||||||||||||||||
26 | before the
first day of December, and at such other times and | |||||||||||||||||||
27 | in such manner and
upon such subjects as the Governor may | |||||||||||||||||||
28 | require. The annual report shall
contain (1) a statement of the | |||||||||||||||||||
29 | existing condition of comprehensive
rehabilitation services, | |||||||||||||||||||
30 | habilitation and rehabilitation in the State;
(2) a statement | |||||||||||||||||||
31 | of suggestions and recommendations with reference to the
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32 | development of comprehensive rehabilitation services, |
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| |||||||
1 | habilitation and
rehabilitation in the State; and (3) an | ||||||
2 | itemized statement of the
amounts of money received from | ||||||
3 | federal, State and other sources, and of
the objects and | ||||||
4 | purposes to which the respective items of these several
amounts | ||||||
5 | have been devoted.
| ||||||
6 | (e) (Blank).
| ||||||
7 | (f) To establish a program of services to prevent | ||||||
8 | unnecessary
institutionalization of persons with Alzheimer's | ||||||
9 | disease and related
disorders or persons in need of long term | ||||||
10 | care who are established as blind
or disabled as defined by the | ||||||
11 | Social Security Act, thereby enabling them to
remain in their | ||||||
12 | own homes or other living arrangements. Such preventive
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13 | services may include, but are not limited to, any or all of the | ||||||
14 | following:
| ||||||
15 | (1) home health services;
| ||||||
16 | (2) home nursing services;
| ||||||
17 | (3) homemaker services;
| ||||||
18 | (4) chore and housekeeping services;
| ||||||
19 | (5) day care services;
| ||||||
20 | (6) home-delivered meals;
| ||||||
21 | (7) education in self-care;
| ||||||
22 | (8) personal care services;
| ||||||
23 | (9) adult day health services;
| ||||||
24 | (10) habilitation services;
| ||||||
25 | (11) respite care; or
| ||||||
26 | (12) other nonmedical social services that may enable | ||||||
27 | the person to
become self-supporting.
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28 | The Department shall establish eligibility
standards for | ||||||
29 | such services taking into consideration the unique
economic and | ||||||
30 | social needs of the population for whom they are to
be | ||||||
31 | provided. Such eligibility standards may be based on the | ||||||
32 | recipient's
ability to pay for services; provided, however, | ||||||
33 | that any portion of a
person's income that is equal to or less | ||||||
34 | than the "protected income" level
shall not be considered by | ||||||
35 | the Department in determining eligibility. The
"protected | ||||||
36 | income" level shall be determined by the Department, shall |
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1 | never be
less than the federal poverty standard, and shall be | ||||||
2 | adjusted each year to
reflect changes in the Consumer Price | ||||||
3 | Index For All Urban Consumers as
determined by the United | ||||||
4 | States Department of Labor. Additionally, in
determining the | ||||||
5 | amount and nature of services for which a person may qualify,
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6 | consideration shall not be given to the value of cash, property | ||||||
7 | or other assets
held in the name of the person's spouse | ||||||
8 | pursuant to a written agreement
dividing marital property into | ||||||
9 | equal but separate shares or pursuant to a
transfer of the | ||||||
10 | person's interest in a home to his spouse, provided that the
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11 | spouse's share of the marital property is not made available to | ||||||
12 | the person
seeking such services.
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13 | The services shall be provided to eligible persons
to | ||||||
14 | prevent unnecessary or premature institutionalization, to
the | ||||||
15 | extent that the cost of the services, together with the
other | ||||||
16 | personal maintenance expenses of the persons, are reasonably
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17 | related to the standards established for care in a group | ||||||
18 | facility
appropriate to their condition. These | ||||||
19 | non-institutional
services, pilot projects or experimental | ||||||
20 | facilities may be provided as part of
or in addition to those | ||||||
21 | authorized by federal law or those funded and
administered by | ||||||
22 | the Illinois Department on Aging.
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23 | Personal care attendants shall be paid:
| ||||||
24 | (i) A $5 per hour minimum rate beginning July 1, 1995.
| ||||||
25 | (ii) A $5.30 per hour minimum rate beginning July 1, | ||||||
26 | 1997.
| ||||||
27 | (iii) A $5.40 per hour minimum rate beginning July 1, | ||||||
28 | 1998.
| ||||||
29 | Solely for the purposes of coverage under the Illinois | ||||||
30 | Public Labor
Relations
Act
(5 ILCS 315/), personal care | ||||||
31 | attendants and personal assistants providing
services under
| ||||||
32 | the Department's Home Services Program shall be considered to | ||||||
33 | be public
employees
and the State of Illinois shall be | ||||||
34 | considered to be their employer as of the
effective date of
| ||||||
35 | this amendatory Act of the 93rd General Assembly, but not | ||||||
36 | before. The State
shall
engage in collective bargaining with an |
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1 | exclusive representative of personal
care
attendants and | ||||||
2 | personal assistants working under the Home Services Program
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3 | concerning
their terms and conditions of employment that are | ||||||
4 | within the State's control.
Nothing in
this paragraph shall be | ||||||
5 | understood to limit the right of the persons receiving
services
| ||||||
6 | defined in this Section to hire and fire personal care | ||||||
7 | attendants and
personal assistants
or supervise them within the | ||||||
8 | limitations set by the Home Services Program. The
State
shall | ||||||
9 | not be considered to be the employer of personal care | ||||||
10 | attendants and
personal
assistants for any purposes not | ||||||
11 | specifically provided in this amendatory Act of
the 93rd
| ||||||
12 | General Assembly, including but not limited to, purposes of | ||||||
13 | vicarious liability
in tort and
purposes of statutory | ||||||
14 | retirement or health insurance benefits. Personal care
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15 | attendants
and personal assistants shall not be covered by the | ||||||
16 | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
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17 | The Department shall execute, relative to the nursing home | ||||||
18 | prescreening
project, as authorized by Section 4.03 of the | ||||||
19 | Illinois Act on the Aging,
written inter-agency agreements with | ||||||
20 | the Department on Aging and
the Department of Public Aid, to | ||||||
21 | effect the following: (i) intake procedures
and common | ||||||
22 | eligibility criteria for those persons who are receiving
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23 | non-institutional services; and (ii) the establishment and | ||||||
24 | development of
non-institutional services in areas of the State | ||||||
25 | where they are not
currently available or are undeveloped. On | ||||||
26 | and after July 1, 1996, all nursing
home prescreenings for | ||||||
27 | individuals 18 through 59 years of age shall be
conducted by | ||||||
28 | the Department.
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29 | The Department is authorized to establish a system of | ||||||
30 | recipient cost-sharing
for services provided under this | ||||||
31 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
32 | ability to pay for services, but in no case shall the
| ||||||
33 | recipient's share exceed the actual cost of the services | ||||||
34 | provided. Protected
income shall not be considered by the | ||||||
35 | Department in its determination of the
recipient's ability to | ||||||
36 | pay a share of the cost of services. The level of
cost-sharing |
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1 | shall be adjusted each year to reflect changes in the | ||||||
2 | "protected
income" level. The Department shall deduct from the | ||||||
3 | recipient's share of the
cost of services any money expended by | ||||||
4 | the recipient for disability-related
expenses.
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5 | The Department, or the Department's authorized | ||||||
6 | representative, shall recover
the amount of moneys expended for | ||||||
7 | services provided to or in behalf of a person
under this | ||||||
8 | Section by a claim against the person's estate or against the | ||||||
9 | estate
of the person's surviving spouse, but no recovery may be | ||||||
10 | had until after the
death of the surviving spouse, if any, and | ||||||
11 | then only at such time when there is
no surviving child who is | ||||||
12 | under age 21, blind, or permanently and totally
disabled. This | ||||||
13 | paragraph, however, shall not bar recovery, at the death of the
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14 | person, of moneys for services provided to the person or in | ||||||
15 | behalf of the
person under this Section to which the person was | ||||||
16 | not entitled; provided that
such recovery shall not be enforced | ||||||
17 | against any real estate while
it is occupied as a homestead by | ||||||
18 | the surviving spouse or other dependent, if no
claims by other | ||||||
19 | creditors have been filed against the estate, or, if such
| ||||||
20 | claims have been filed, they remain dormant for failure of | ||||||
21 | prosecution or
failure of the claimant to compel administration | ||||||
22 | of the estate for the purpose
of payment. This paragraph shall | ||||||
23 | not bar recovery from the estate of a spouse,
under Sections | ||||||
24 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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25 | Illinois Public Aid Code, who precedes a person receiving | ||||||
26 | services under this
Section in death. All moneys for services
| ||||||
27 | paid to or in behalf of the person under this Section shall be | ||||||
28 | claimed for
recovery from the deceased spouse's estate. | ||||||
29 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
30 | house and
contiguous real estate occupied by a surviving spouse | ||||||
31 | or relative, as defined
by the rules and regulations of the | ||||||
32 | Illinois Department of Public Aid,
regardless of the value of | ||||||
33 | the property.
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34 | The Department and the Department on Aging shall cooperate
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35 | in the development and submission of an annual report on | ||||||
36 | programs and
services provided under this Section. Such joint |
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1 | report shall be filed
with the Governor and the General | ||||||
2 | Assembly on or before March
30
each year.
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3 | The requirement for reporting to the General Assembly shall | ||||||
4 | be satisfied
by filing copies of the report with the Speaker, | ||||||
5 | the Minority Leader and
the Clerk of the House of | ||||||
6 | Representatives and the President, the Minority
Leader and the | ||||||
7 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
8 | required by Section 3.1 of the General Assembly Organization | ||||||
9 | Act, and filing
additional copies with the State
Government | ||||||
10 | Report Distribution Center for the General Assembly as
required | ||||||
11 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
12 | (g) To establish such subdivisions of the Department
as | ||||||
13 | shall be desirable and assign to the various subdivisions the
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14 | responsibilities and duties placed upon the Department by law.
| ||||||
15 | (h) To cooperate and enter into any necessary agreements | ||||||
16 | with the
Department of Employment Security for the provision of | ||||||
17 | job placement and
job referral services to clients of the | ||||||
18 | Department, including job
service registration of such clients | ||||||
19 | with Illinois Employment Security
offices and making job | ||||||
20 | listings maintained by the Department of Employment
Security | ||||||
21 | available to such clients.
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22 | (i) To possess all powers reasonable and necessary for
the | ||||||
23 | exercise and administration of the powers, duties and
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24 | responsibilities of the Department which are provided for by | ||||||
25 | law.
| ||||||
26 | (j) To establish a procedure whereby new providers of
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27 | personal care attendant services shall submit vouchers to the | ||||||
28 | State for
payment two times during their first month of | ||||||
29 | employment and one time per
month thereafter. In no case shall | ||||||
30 | the Department pay personal care
attendants an hourly wage that | ||||||
31 | is less than the federal minimum wage.
| ||||||
32 | (k) To provide adequate notice to providers of chore and | ||||||
33 | housekeeping
services informing them that they are entitled to | ||||||
34 | an interest payment on
bills which are not promptly paid | ||||||
35 | pursuant to Section 3 of the State Prompt
Payment Act.
| ||||||
36 | (l) To establish, operate and maintain a Statewide Housing |
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1 | Clearinghouse
of information on available, government | ||||||
2 | subsidized housing accessible to
disabled persons and | ||||||
3 | available privately owned housing accessible to
disabled | ||||||
4 | persons. The information shall include but not be limited to | ||||||
5 | the
location, rental requirements, access features and | ||||||
6 | proximity to public
transportation of available housing. The | ||||||
7 | Clearinghouse shall consist
of at least a computerized database | ||||||
8 | for the storage and retrieval of
information and a separate or | ||||||
9 | shared toll free telephone number for use by
those seeking | ||||||
10 | information from the Clearinghouse. Department offices and
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11 | personnel throughout the State shall also assist in the | ||||||
12 | operation of the
Statewide Housing Clearinghouse. Cooperation | ||||||
13 | with local, State and federal
housing managers shall be sought | ||||||
14 | and extended in order to frequently and
promptly update the | ||||||
15 | Clearinghouse's information.
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16 | (m) To assure that the names and case records of persons | ||||||
17 | who received or
are
receiving services from the Department, | ||||||
18 | including persons receiving vocational
rehabilitation, home | ||||||
19 | services, or other services, and those attending one of
the | ||||||
20 | Department's schools or other supervised facility shall be | ||||||
21 | confidential and
not be open to the general public. Those case | ||||||
22 | records and reports or the
information contained in those | ||||||
23 | records and reports shall be disclosed by the
Director only to | ||||||
24 | proper law enforcement officials, individuals authorized by a
| ||||||
25 | court, the General Assembly or any committee or commission of | ||||||
26 | the General
Assembly, and other persons and for reasons as the | ||||||
27 | Director designates by rule.
Disclosure by the Director may be | ||||||
28 | only in accordance with other applicable
law.
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29 | (Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)
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