Rep. Suzanne Bassi
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6354
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2 | AMENDMENT NO. ______. Amend House Bill 6354 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Sections 4.01 and 4.02 as follows:
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6 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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7 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
8 | In addition
to powers and duties otherwise provided by law, the | ||||||
9 | Department shall have the
following powers and duties:
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10 | (1) To evaluate all programs, services, and facilities for | ||||||
11 | the aged
and for minority senior citizens within the State and | ||||||
12 | determine the extent
to which present public or private | ||||||
13 | programs, services and facilities meet the
needs of the aged.
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14 | (2) To coordinate and evaluate all programs, services, and | ||||||
15 | facilities
for the Aging and for minority senior citizens | ||||||
16 | presently furnished by State
agencies and make appropriate | ||||||
17 | recommendations regarding such services, programs
and | ||||||
18 | facilities to the Governor and/or the General Assembly.
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19 | (3) To function as the sole State agency to develop a | ||||||
20 | comprehensive
plan to meet the needs of the State's senior | ||||||
21 | citizens and the State's
minority senior citizens.
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22 | (4) To receive and disburse State and federal funds made | ||||||
23 | available
directly to the Department including those funds made | ||||||
24 | available under the
Older Americans Act and the Senior |
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1 | Community Service Employment Program for
providing services | ||||||
2 | for senior citizens and minority senior citizens or for
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3 | purposes related thereto, and shall develop and administer any | ||||||
4 | State Plan
for the Aging required by federal law.
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5 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
6 | the State
any grants or legacies of money, securities, or | ||||||
7 | property to the State of
Illinois for services to senior | ||||||
8 | citizens and minority senior citizens or
purposes related | ||||||
9 | thereto.
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10 | (6) To provide consultation and assistance to communities, | ||||||
11 | area agencies
on aging, and groups developing local services | ||||||
12 | for senior citizens and
minority senior citizens.
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13 | (7) To promote community education regarding the problems | ||||||
14 | of senior
citizens and minority senior citizens through | ||||||
15 | institutes, publications,
radio, television and the local | ||||||
16 | press.
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17 | (8) To cooperate with agencies of the federal government in | ||||||
18 | studies
and conferences designed to examine the needs of senior | ||||||
19 | citizens and minority
senior citizens and to prepare programs | ||||||
20 | and facilities to meet those needs.
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21 | (9) To establish and maintain information and referral | ||||||
22 | sources
throughout the State when not provided by other | ||||||
23 | agencies.
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24 | (10) To provide the staff support as may reasonably be | ||||||
25 | required
by the Council and the Coordinating Committee of State | ||||||
26 | Agencies Serving Older
Persons.
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27 | (11) To make and enforce rules and regulations necessary | ||||||
28 | and proper
to the performance of its duties.
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29 | (12) To establish and fund programs or projects or | ||||||
30 | experimental facilities
that are specially designed as | ||||||
31 | alternatives to institutional care.
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32 | (13) To develop a training program to train the counselors | ||||||
33 | presently
employed by the Department's aging network to provide | ||||||
34 | Medicare
beneficiaries with counseling and advocacy in |
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1 | Medicare, private health
insurance, and related health care | ||||||
2 | coverage plans. The Department shall
report to the General | ||||||
3 | Assembly on the implementation of the training
program on or | ||||||
4 | before December 1, 1986.
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5 | (14) To make a grant to an institution of higher learning | ||||||
6 | to study the
feasibility of establishing and implementing an | ||||||
7 | affirmative action
employment plan for the recruitment, | ||||||
8 | hiring, training and retraining of
persons 60 or more years old | ||||||
9 | for jobs for which their employment would not
be precluded by | ||||||
10 | law.
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11 | (15) To present one award annually in each of the | ||||||
12 | categories of community
service, education, the performance | ||||||
13 | and graphic arts, and the labor force
to outstanding Illinois | ||||||
14 | senior citizens and minority senior citizens in
recognition of | ||||||
15 | their individual contributions to either community service,
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16 | education, the performance and graphic arts, or the labor | ||||||
17 | force. The awards
shall be presented to four senior citizens | ||||||
18 | and minority senior citizens
selected from a list of 44 | ||||||
19 | nominees compiled annually by
the Department. Nominations | ||||||
20 | shall be solicited from senior citizens'
service providers, | ||||||
21 | area agencies on aging, senior citizens'
centers, and senior | ||||||
22 | citizens' organizations. The Department shall consult
with the | ||||||
23 | Coordinating Committee of State Agencies Serving Older Persons | ||||||
24 | to
determine which of the nominees shall be the recipient in | ||||||
25 | each category of
community service. The Department shall | ||||||
26 | establish a central location within
the State to be designated | ||||||
27 | as the Senior Illinoisans Hall of Fame for the
public display | ||||||
28 | of all the annual awards, or replicas thereof.
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29 | (16) To establish multipurpose senior centers through area | ||||||
30 | agencies on
aging and to fund those new and existing | ||||||
31 | multipurpose senior centers
through area agencies on aging, the | ||||||
32 | establishment and funding to begin in
such areas of the State | ||||||
33 | as the Department shall designate by rule and as
specifically | ||||||
34 | appropriated funds become available.
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1 | (17) To develop the content and format of the | ||||||
2 | acknowledgment regarding
non-recourse reverse mortgage loans | ||||||
3 | under Section 6.1 of the Illinois
Banking Act; to provide | ||||||
4 | independent consumer information on reverse
mortgages and | ||||||
5 | alternatives; and to refer consumers to independent
counseling | ||||||
6 | services with expertise in reverse mortgages.
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7 | (18) To develop a pamphlet in English and Spanish which may | ||||||
8 | be used by
physicians licensed to practice medicine in all of | ||||||
9 | its branches pursuant
to the Medical Practice Act of 1987, | ||||||
10 | pharmacists licensed pursuant to the
Pharmacy Practice Act of | ||||||
11 | 1987, and Illinois residents 65 years of age or
older for the | ||||||
12 | purpose of assisting physicians, pharmacists, and patients in
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13 | monitoring prescriptions provided by various physicians and to | ||||||
14 | aid persons
65 years of age or older in complying with | ||||||
15 | directions for proper use of
pharmaceutical prescriptions. The | ||||||
16 | pamphlet may provide space for recording
information including | ||||||
17 | but not limited to the following:
| ||||||
18 | (a) name and telephone number of the patient;
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19 | (b) name and telephone number of the prescribing | ||||||
20 | physician;
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21 | (c) date of prescription;
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22 | (d) name of drug prescribed;
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23 | (e) directions for patient compliance; and
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24 | (f) name and telephone number of dispensing pharmacy.
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25 | In developing the pamphlet, the Department shall consult | ||||||
26 | with the
Illinois State Medical Society, the Center for | ||||||
27 | Minority Health Services,
the Illinois Pharmacists Association | ||||||
28 | and
senior citizens organizations. The Department shall | ||||||
29 | distribute the
pamphlets to physicians, pharmacists and | ||||||
30 | persons 65 years of age or older
or various senior citizen | ||||||
31 | organizations throughout the State.
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32 | (19) To conduct a study by April 1, 1994 of the feasibility | ||||||
33 | of
implementing the Senior Companion Program throughout the | ||||||
34 | State for the fiscal
year beginning July 1, 1994.
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1 | (20) With respect to contracts in effect on July 1, 1994, | ||||||
2 | the Department
shall increase the grant amounts so that the | ||||||
3 | reimbursement rates paid through
the community care program for | ||||||
4 | in-home care
chore housekeeping services and in-home care | ||||||
5 | workers
homemakers are
at the same rate, which shall be the | ||||||
6 | higher of the 2 rates currently paid.
With respect to all | ||||||
7 | contracts entered into, renewed, or extended on or after
July | ||||||
8 | 1, 1994, the reimbursement rates paid through the community | ||||||
9 | care program
for in-home care
chore housekeeping services and | ||||||
10 | in-home care workers
homemakers shall be the same.
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11 | (21) From funds appropriated to the Department from the | ||||||
12 | Meals on Wheels
Fund, a special fund in the State treasury that | ||||||
13 | is hereby created, and in
accordance with State and federal | ||||||
14 | guidelines and the intrastate funding
formula, to make grants | ||||||
15 | to area agencies on aging, designated by the
Department, for | ||||||
16 | the sole purpose of delivering meals to homebound persons 60
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17 | years of age and older.
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18 | (22) To distribute, through its area agencies on aging, | ||||||
19 | information
alerting seniors on safety issues regarding | ||||||
20 | emergency weather
conditions, including extreme heat and cold, | ||||||
21 | flooding, tornadoes, electrical
storms, and other severe storm | ||||||
22 | weather. The information shall include all
necessary | ||||||
23 | instructions for safety and all emergency telephone numbers of
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24 | organizations that will provide additional information and | ||||||
25 | assistance.
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26 | (23) To develop guidelines for the organization and | ||||||
27 | implementation of
Volunteer Services Credit Programs to be | ||||||
28 | administered by Area Agencies on
Aging or community based | ||||||
29 | senior service organizations. The Department shall
hold public | ||||||
30 | hearings on the proposed guidelines for public comment, | ||||||
31 | suggestion,
and determination of public interest. The | ||||||
32 | guidelines shall be based on the
findings of other states and | ||||||
33 | of community organizations in Illinois that are
currently | ||||||
34 | operating volunteer services credit programs or demonstration
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1 | volunteer services credit programs. The Department shall offer | ||||||
2 | guidelines for
all aspects of the programs including, but not | ||||||
3 | limited to, the following:
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4 | (a) types of services to be offered by volunteers;
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5 | (b) types of services to be received upon the | ||||||
6 | redemption of service
credits;
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7 | (c) issues of liability for the volunteers and the | ||||||
8 | administering
organizations;
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9 | (d) methods of tracking service credits earned and | ||||||
10 | service credits
redeemed;
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11 | (e) issues of time limits for redemption of service | ||||||
12 | credits;
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13 | (f) methods of recruitment of volunteers;
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14 | (g) utilization of community volunteers, community | ||||||
15 | service groups, and
other resources for delivering | ||||||
16 | services to be received by service credit
program clients;
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17 | (h) accountability and assurance that services will be | ||||||
18 | available to
individuals who have earned service credits; | ||||||
19 | and
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20 | (i) volunteer screening and qualifications.
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21 | The Department shall submit a written copy of the guidelines to | ||||||
22 | the General
Assembly by July 1, 1998.
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23 | (Source: P.A. 92-651, eff. 7-11-02.)
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24 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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25 | Sec. 4.02. The Department shall establish a program of | ||||||
26 | services to
prevent unnecessary institutionalization of | ||||||
27 | persons age 60 and older in
need of long term care or who are | ||||||
28 | established as persons who suffer from
Alzheimer's disease or a | ||||||
29 | related disorder under the Alzheimer's Disease
Assistance Act, | ||||||
30 | thereby enabling them
to remain in their own homes or in other | ||||||
31 | living arrangements. Such
preventive services, which may be | ||||||
32 | coordinated with other programs for the
aged and monitored by | ||||||
33 | area agencies on aging in cooperation with the
Department, may |
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1 | include, but are not limited to, any or all of the following:
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2 | (a) home health services;
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3 | (b) home nursing services;
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4 | (c) in-home care
homemaker services;
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5 | (d) (blank);
chore and housekeeping services;
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6 | (e) day care services;
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7 | (f) home-delivered meals;
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8 | (g) education in self-care;
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9 | (h) personal care services;
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10 | (i) adult day health services;
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11 | (j) habilitation services;
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12 | (k) respite care;
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13 | (l) other nonmedical social services that may enable | ||||||
14 | the person
to become self-supporting; or
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15 | (m) clearinghouse for information provided by senior | ||||||
16 | citizen home owners
who want to rent rooms to or share | ||||||
17 | living space with other senior citizens.
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18 | The Department shall establish eligibility standards for | ||||||
19 | such
services taking into consideration the unique economic and | ||||||
20 | social needs
of the target population for whom they are to be | ||||||
21 | provided. Such eligibility
standards shall be based on the | ||||||
22 | recipient's ability to pay for services;
provided, however, | ||||||
23 | that in determining the amount and nature of services
for which | ||||||
24 | a person may qualify, consideration shall not be given to the
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25 | value of cash, property or other assets held in the name of the | ||||||
26 | person's
spouse pursuant to a written agreement dividing | ||||||
27 | marital property into equal
but separate shares or pursuant to | ||||||
28 | a transfer of the person's interest in a
home to his spouse, | ||||||
29 | provided that the spouse's share of the marital
property is not | ||||||
30 | made available to the person seeking such services.
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31 | Beginning July 1, 2002, the Department shall require as a | ||||||
32 | condition of
eligibility that all financially eligible | ||||||
33 | applicants and recipients apply
for medical assistance
under | ||||||
34 | Article V of the Illinois Public Aid Code in accordance with |
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1 | rules
promulgated by the Department.
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2 | The Department shall, in conjunction with the Department of | ||||||
3 | Public Aid,
seek appropriate amendments under Sections 1915 and | ||||||
4 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
5 | shall be to extend eligibility
for home and community based | ||||||
6 | services under Sections 1915 and 1924 of the
Social Security | ||||||
7 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
8 | those amounts of income and resources allowed under Section | ||||||
9 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
10 | such amendments, the
Department shall extend the provisions of | ||||||
11 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
12 | for the provision of home or
community-based services, would | ||||||
13 | require the level of care provided in an
institution, as is | ||||||
14 | provided for in federal law. Those persons no longer
found to | ||||||
15 | be eligible for receiving noninstitutional services due to | ||||||
16 | changes
in the eligibility criteria shall be given 60 days | ||||||
17 | notice prior to actual
termination. Those persons receiving | ||||||
18 | notice of termination may contact the
Department and request | ||||||
19 | the determination be appealed at any time during the
60 day | ||||||
20 | notice period. With the exception of the lengthened notice and | ||||||
21 | time
frame for the appeal request, the appeal process shall | ||||||
22 | follow the normal
procedure. In addition, each person affected | ||||||
23 | regardless of the
circumstances for discontinued eligibility | ||||||
24 | shall be given notice and the
opportunity to purchase the | ||||||
25 | necessary services through the Community Care
Program. If the | ||||||
26 | individual does not elect to purchase services, the
Department | ||||||
27 | shall advise the individual of alternative services. The target
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28 | population identified for the purposes of this Section are | ||||||
29 | persons age 60
and older with an identified service need. | ||||||
30 | Priority shall be given to those
who are at imminent risk of | ||||||
31 | institutionalization. The services shall be
provided to | ||||||
32 | eligible persons age 60 and older to the extent that the cost
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33 | of the services together with the other personal maintenance
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34 | expenses of the persons are reasonably related to the standards
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1 | established for care in a group facility appropriate to the | ||||||
2 | person's
condition. These non-institutional services, pilot | ||||||
3 | projects or
experimental facilities may be provided as part of | ||||||
4 | or in addition to
those authorized by federal law or those | ||||||
5 | funded and administered by the
Department of Human Services. | ||||||
6 | The Departments of Human Services, Public Aid,
Public Health, | ||||||
7 | Veterans' Affairs, and Commerce and Economic Opportunity
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8 | Community Affairs and
other appropriate agencies of State, | ||||||
9 | federal and local governments shall
cooperate with the | ||||||
10 | Department on Aging in the establishment and development
of the | ||||||
11 | non-institutional services. The Department shall require an | ||||||
12 | annual
audit from all in-home care service
chore/housekeeping | ||||||
13 | and homemaker vendors contracting with
the Department under | ||||||
14 | this Section. The annual audit shall assure that each
audited | ||||||
15 | vendor's procedures are in compliance with Department's | ||||||
16 | financial
reporting guidelines requiring a 27% administrative | ||||||
17 | cost split and a 73%
employee wages and benefits cost split. | ||||||
18 | The audit is a public record under
the Freedom of Information | ||||||
19 | Act. The Department shall execute, relative to
the nursing home | ||||||
20 | prescreening project, written inter-agency
agreements with the | ||||||
21 | Department of Human Services and the Department
of Public Aid, | ||||||
22 | to effect the following: (1) intake procedures and common
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23 | eligibility criteria for those persons who are receiving | ||||||
24 | non-institutional
services; and (2) the establishment and | ||||||
25 | development of non-institutional
services in areas of the State | ||||||
26 | where they are not currently available or are
undeveloped. On | ||||||
27 | and after July 1, 1996, all nursing home prescreenings for
| ||||||
28 | individuals 60 years of age or older shall be conducted by the | ||||||
29 | Department.
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30 | The Department is authorized to establish a system of | ||||||
31 | recipient copayment
for services provided under this Section, | ||||||
32 | such copayment to be based upon
the recipient's ability to pay | ||||||
33 | but in no case to exceed the actual cost of
the services | ||||||
34 | provided. Additionally, any portion of a person's income which
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1 | is equal to or less than the federal poverty standard shall not | ||||||
2 | be
considered by the Department in determining the copayment. | ||||||
3 | The level of
such copayment shall be adjusted whenever | ||||||
4 | necessary to reflect any change
in the officially designated | ||||||
5 | federal poverty standard.
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6 | The Department, or the Department's authorized | ||||||
7 | representative, shall
recover the amount of moneys expended for | ||||||
8 | services provided to or in
behalf of a person under this | ||||||
9 | Section by a claim against the person's
estate or against the | ||||||
10 | estate of the person's surviving spouse, but no
recovery may be | ||||||
11 | had until after the death of the surviving spouse, if
any, and | ||||||
12 | then only at such time when there is no surviving child who
is | ||||||
13 | under age 21, blind, or permanently and totally disabled. This
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14 | paragraph, however, shall not bar recovery, at the death of the | ||||||
15 | person, of
moneys for services provided to the person or in | ||||||
16 | behalf of the person under
this Section to which the person was | ||||||
17 | not entitled;
provided that such recovery shall not be enforced | ||||||
18 | against any real estate while
it is occupied as a homestead by | ||||||
19 | the surviving spouse or other dependent, if no
claims by other | ||||||
20 | creditors have been filed against the estate, or, if such
| ||||||
21 | claims have been filed, they remain dormant for failure of | ||||||
22 | prosecution or
failure of the claimant to compel administration | ||||||
23 | of the estate for the purpose
of payment. This paragraph shall | ||||||
24 | not bar recovery from the estate of a spouse,
under Sections | ||||||
25 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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26 | Illinois Public Aid Code, who precedes a person receiving | ||||||
27 | services under this
Section in death. All moneys for services
| ||||||
28 | paid to or in behalf of the person under this Section shall be | ||||||
29 | claimed for
recovery from the deceased spouse's estate. | ||||||
30 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
31 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
32 | or relative, as defined by the rules and regulations of the | ||||||
33 | Illinois Department
of Public Aid, regardless of the value of | ||||||
34 | the property.
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1 | The Department shall develop procedures to enhance | ||||||
2 | availability of
services on evenings, weekends, and on an | ||||||
3 | emergency basis to meet the
respite needs of caregivers. | ||||||
4 | Procedures shall be developed to permit the
utilization of | ||||||
5 | services in successive blocks of 24 hours up to the monthly
| ||||||
6 | maximum established by the Department. Workers providing these | ||||||
7 | services
shall be appropriately trained.
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8 | Beginning on the effective date of this Amendatory Act of | ||||||
9 | 1991, no person
may perform in-home care
chore/housekeeping and | ||||||
10 | homemaker services under a program
authorized by this Section | ||||||
11 | unless that person has been issued a certificate
of pre-service | ||||||
12 | to do so by his or her employing agency. Information
gathered | ||||||
13 | to effect such certification shall include (i) the person's | ||||||
14 | name,
(ii) the date the person was hired by his or her current | ||||||
15 | employer, and
(iii) the training, including dates and levels. | ||||||
16 | Persons engaged in the
program authorized by this Section | ||||||
17 | before the effective date of this
amendatory Act of 1991 shall | ||||||
18 | be issued a certificate of all pre- and
in-service training | ||||||
19 | from his or her employer upon submitting the necessary
| ||||||
20 | information. The employing agency shall be required to retain | ||||||
21 | records of
all staff pre- and in-service training, and shall | ||||||
22 | provide such records to
the Department upon request and upon | ||||||
23 | termination of the employer's contract
with the Department. In | ||||||
24 | addition, the employing agency is responsible for
the issuance | ||||||
25 | of certifications of in-service training completed to their
| ||||||
26 | employees.
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27 | The Department is required to develop a system to ensure | ||||||
28 | that persons
working as in-home care workers
homemakers and | ||||||
29 | chore housekeepers receive increases in their
wages when the | ||||||
30 | federal minimum wage is increased by requiring vendors to
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31 | certify that they are meeting the federal minimum wage statute | ||||||
32 | for in-home care workers
homemakers
and chore housekeepers . An | ||||||
33 | employer that cannot ensure that the minimum
wage increase is | ||||||
34 | being given to in-home care workers
homemakers and chore |
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1 | housekeepers
shall be denied any increase in reimbursement | ||||||
2 | costs.
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3 | The Department on Aging and the Department of Human | ||||||
4 | Services
shall cooperate in the development and submission of | ||||||
5 | an annual report on
programs and services provided under this | ||||||
6 | Section. Such joint report
shall be filed with the Governor and | ||||||
7 | the General Assembly on or before
September 30 each year.
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8 | The requirement for reporting to the General Assembly shall | ||||||
9 | be satisfied
by filing copies of the report with the Speaker, | ||||||
10 | the Minority Leader and
the Clerk of the House of | ||||||
11 | Representatives and the President, the Minority
Leader and the | ||||||
12 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
13 | required by Section 3.1 of the General Assembly Organization | ||||||
14 | Act and
filing such additional copies with the State Government | ||||||
15 | Report Distribution
Center for the General Assembly as is | ||||||
16 | required under paragraph (t) of
Section 7 of the State Library | ||||||
17 | Act.
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18 | Those persons previously found eligible for receiving | ||||||
19 | non-institutional
services whose services were discontinued | ||||||
20 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
21 | not meet the eligibility standards in effect
on or after July | ||||||
22 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
23 | Those persons previously not required to cost-share and who | ||||||
24 | were
required to cost-share effective March 1, 1992, shall | ||||||
25 | continue to meet
cost-share requirements on and after July 1, | ||||||
26 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
27 | meet
eligibility, cost-share, and other requirements and will | ||||||
28 | have services
discontinued or altered when they fail to meet | ||||||
29 | these requirements.
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30 | (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised | ||||||
31 | 12-6-03.)".
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