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1 | AN ACT concerning State government.
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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. 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:
| ||||||||||||||||||||||||||
17 | (a) home health services;
| ||||||||||||||||||||||||||
18 | (b) home nursing services;
| ||||||||||||||||||||||||||
19 | (c) homemaker services;
| ||||||||||||||||||||||||||
20 | (d) chore and housekeeping services;
| ||||||||||||||||||||||||||
21 | (e) day care services;
| ||||||||||||||||||||||||||
22 | (f) home-delivered meals;
| ||||||||||||||||||||||||||
23 | (g) education in self-care;
| ||||||||||||||||||||||||||
24 | (h) personal care services;
| ||||||||||||||||||||||||||
25 | (i) adult day health services;
| ||||||||||||||||||||||||||
26 | (j) habilitation services;
| ||||||||||||||||||||||||||
27 | (k) respite care;
| ||||||||||||||||||||||||||
28 | (k-5) community reintegration services;
| ||||||||||||||||||||||||||
29 | (l) other nonmedical social services that may enable | ||||||||||||||||||||||||||
30 | the person
to become self-supporting; or
| ||||||||||||||||||||||||||
31 | (m) clearinghouse for information provided by senior | ||||||||||||||||||||||||||
32 | citizen home owners
who want to rent rooms to or share |
| |||||||
| |||||||
1 | living space with other senior citizens.
| ||||||
2 | The Department shall establish eligibility standards for | ||||||
3 | such
services taking into consideration the unique economic and | ||||||
4 | social needs
of the target population for whom they are to be | ||||||
5 | provided. Such eligibility
standards shall be based on the | ||||||
6 | recipient's ability to pay for services;
provided, however, | ||||||
7 | that in determining the amount and nature of services
for which | ||||||
8 | a person may qualify, consideration shall not be given to the
| ||||||
9 | value of cash, property or other assets held in the name of the | ||||||
10 | person's
spouse pursuant to a written agreement dividing | ||||||
11 | marital property into equal
but separate shares or pursuant to | ||||||
12 | a transfer of the person's interest in a
home to his spouse, | ||||||
13 | provided that the spouse's share of the marital
property is not | ||||||
14 | made available to the person seeking such services.
| ||||||
15 | Beginning July 1, 2002, the Department shall require as a | ||||||
16 | condition of
eligibility that all financially eligible | ||||||
17 | applicants and recipients apply
for medical assistance
under | ||||||
18 | Article V of the Illinois Public Aid Code in accordance with | ||||||
19 | rules
promulgated by the Department.
| ||||||
20 | The Department shall, in conjunction with the Department of | ||||||
21 | Public Aid,
seek appropriate amendments under Sections 1915 and | ||||||
22 | 1924 of the Social
Security Act. The purpose of the amendments | ||||||
23 | shall be to extend eligibility
for home and community based | ||||||
24 | services under Sections 1915 and 1924 of the
Social Security | ||||||
25 | Act to persons who transfer to or for the benefit of a
spouse | ||||||
26 | those amounts of income and resources allowed under Section | ||||||
27 | 1924 of
the Social Security Act. Subject to the approval of | ||||||
28 | such amendments, the
Department shall extend the provisions of | ||||||
29 | Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||||||
30 | for the provision of home or
community-based services, would | ||||||
31 | require the level of care provided in an
institution, as is | ||||||
32 | provided for in federal law. Those persons no longer
found to | ||||||
33 | be eligible for receiving noninstitutional services due to | ||||||
34 | changes
in the eligibility criteria shall be given 60 days | ||||||
35 | notice prior to actual
termination. Those persons receiving | ||||||
36 | notice of termination may contact the
Department and request |
| |||||||
| |||||||
1 | the determination be appealed at any time during the
60 day | ||||||
2 | notice period. With the exception of the lengthened notice and | ||||||
3 | time
frame for the appeal request, the appeal process shall | ||||||
4 | follow the normal
procedure. In addition, each person affected | ||||||
5 | regardless of the
circumstances for discontinued eligibility | ||||||
6 | shall be given notice and the
opportunity to purchase the | ||||||
7 | necessary services through the Community Care
Program. If the | ||||||
8 | individual does not elect to purchase services, the
Department | ||||||
9 | shall advise the individual of alternative services. The target
| ||||||
10 | population identified for the purposes of this Section are | ||||||
11 | persons age 60
and older with an identified service need. | ||||||
12 | Priority shall be given to those
who are at imminent risk of | ||||||
13 | institutionalization. The services shall be
provided to | ||||||
14 | eligible persons age 60 and older to the extent that the cost
| ||||||
15 | of the services together with the other personal maintenance
| ||||||
16 | expenses of the persons are reasonably related to the standards
| ||||||
17 | established for care in a group facility appropriate to the | ||||||
18 | person's
condition. These non-institutional services, pilot | ||||||
19 | projects or
experimental facilities may be provided as part of | ||||||
20 | or in addition to
those authorized by federal law or those | ||||||
21 | funded and administered by the
Department of Human Services. | ||||||
22 | The Departments of Human Services, Public Aid,
Public Health, | ||||||
23 | Veterans' Affairs, and Commerce and Economic Opportunity and
| ||||||
24 | other appropriate agencies of State, federal and local | ||||||
25 | governments shall
cooperate with the Department on Aging in the | ||||||
26 | establishment and development
of the non-institutional | ||||||
27 | services. The Department shall require an annual
audit from all | ||||||
28 | chore/housekeeping and homemaker vendors contracting with
the | ||||||
29 | Department under this Section. The annual audit shall assure | ||||||
30 | that each
audited vendor's procedures are in compliance with | ||||||
31 | Department's financial
reporting guidelines requiring a 27% | ||||||
32 | administrative cost split and a 73%
employee wages and benefits | ||||||
33 | cost split. The audit shall assure that each audited vendor is | ||||||
34 | funding healthcare benefits for their agents and employees as | ||||||
35 | provided for in this Section. The audit is a public record | ||||||
36 | under
the Freedom of Information Act. The Department shall |
| |||||||
| |||||||
1 | execute, relative to
the nursing home prescreening project, | ||||||
2 | written inter-agency
agreements with the Department of Human | ||||||
3 | Services and the Department
of Public Aid, to effect the | ||||||
4 | following: (1) intake procedures and common
eligibility | ||||||
5 | criteria for those persons who are receiving non-institutional
| ||||||
6 | services; and (2) the establishment and development of | ||||||
7 | non-institutional
services in areas of the State where they are | ||||||
8 | not currently available or are
undeveloped. On and after July | ||||||
9 | 1, 1996, all nursing home prescreenings for
individuals 60 | ||||||
10 | years of age or older shall be conducted by the Department.
| ||||||
11 | Chore/housekeeping and homemaker service provider vendors | ||||||
12 | contracting with the Department under this Section must meet | ||||||
13 | minimum funding requirements for an appropriate healthcare | ||||||
14 | fund. For fiscal year 2006, the minimum funding required of a | ||||||
15 | chore/housekeeping and homemaker service vendor is an amount at | ||||||
16 | least equal to $1.40 for each hour of chore/housekeeping and | ||||||
17 | homemaker service performed pursuant to the vendor's contract | ||||||
18 | with the Department under this Section. For subsequent fiscal | ||||||
19 | years, the amount of minimum funding must be adjusted for | ||||||
20 | changes in the costs of medical services. For years after 2006, | ||||||
21 | the adjusted amount of minimum funding shall be $1.40 plus the | ||||||
22 | result of $1.40 multiplied by the percentage, if any, by which | ||||||
23 | the medical component of the Consumer Price Index for the | ||||||
24 | calendar year in which the fiscal year begins exceeds such | ||||||
25 | component for calendar year 2005 for each hour of | ||||||
26 | chore/housekeeping and homemaker services performed pursuant | ||||||
27 | to the vendor's contract with the Department under this | ||||||
28 | Section. The moneys owed under this paragraph must be placed | ||||||
29 | into an appropriate health care fund. "Appropriate health care | ||||||
30 | fund" means a fund that provides comprehensive health care | ||||||
31 | coverage to the vendor's (i) employees, (ii) qualified agents, | ||||||
32 | which for purposes of this paragraph means those agents under | ||||||
33 | contract with the vendor and providing more than 80 hours of | ||||||
34 | chore/housekeeping or homemaker services per month, and (iii) | ||||||
35 | dependents, if any, of any persons qualifying for coverage as | ||||||
36 | an employee or qualified agent under this paragraph. In the |
| |||||||
| |||||||
1 | event that the annual audit or other evidence reveals that a | ||||||
2 | vendor has failed to provide minimum funding for an appropriate | ||||||
3 | health care fund as required under this paragraph, the | ||||||
4 | Department may collect the amount owed from the vendor. The | ||||||
5 | Department must provide 60 days notice prior to an annual | ||||||
6 | adjustment of the amount owed under this paragraph. This notice | ||||||
7 | shall be mailed to all chore/housekeeping and homemaker service | ||||||
8 | provider vendors contracting with the Department under this | ||||||
9 | Section, return receipt requested, and must state the new | ||||||
10 | hourly amount required. The requirements of this paragraph are | ||||||
11 | subject to an increase in the rates paid to chore/housekeeping | ||||||
12 | and homemaker service provider vendors contracting with the | ||||||
13 | Department under this Section.
| ||||||
14 | The Department is authorized to establish a system of | ||||||
15 | recipient copayment
for services provided under this Section, | ||||||
16 | such copayment to be based upon
the recipient's ability to pay | ||||||
17 | but in no case to exceed the actual cost of
the services | ||||||
18 | provided. Additionally, any portion of a person's income which
| ||||||
19 | is equal to or less than the federal poverty standard shall not | ||||||
20 | be
considered by the Department in determining the copayment. | ||||||
21 | The level of
such copayment shall be adjusted whenever | ||||||
22 | necessary to reflect any change
in the officially designated | ||||||
23 | federal poverty standard.
| ||||||
24 | The Department, or the Department's authorized | ||||||
25 | representative, shall
recover the amount of moneys expended for | ||||||
26 | services provided to or in
behalf of a person under this | ||||||
27 | Section by a claim against the person's
estate or against the | ||||||
28 | estate of the person's surviving spouse, but no
recovery may be | ||||||
29 | had until after the death of the surviving spouse, if
any, and | ||||||
30 | then only at such time when there is no surviving child who
is | ||||||
31 | under age 21, blind, or permanently and totally disabled. This
| ||||||
32 | paragraph, however, shall not bar recovery, at the death of the | ||||||
33 | person, of
moneys for services provided to the person or in | ||||||
34 | behalf of the person under
this Section to which the person was | ||||||
35 | not entitled;
provided that such recovery shall not be enforced | ||||||
36 | against any real estate while
it is occupied as a homestead by |
| |||||||
| |||||||
1 | the surviving spouse or other dependent, if no
claims by other | ||||||
2 | creditors have been filed against the estate, or, if such
| ||||||
3 | claims have been filed, they remain dormant for failure of | ||||||
4 | prosecution or
failure of the claimant to compel administration | ||||||
5 | of the estate for the purpose
of payment. This paragraph shall | ||||||
6 | not bar recovery from the estate of a spouse,
under Sections | ||||||
7 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
8 | Illinois Public Aid Code, who precedes a person receiving | ||||||
9 | services under this
Section in death. All moneys for services
| ||||||
10 | paid to or in behalf of the person under this Section shall be | ||||||
11 | claimed for
recovery from the deceased spouse's estate. | ||||||
12 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
13 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
14 | or relative, as defined by the rules and regulations of the | ||||||
15 | Illinois Department
of Public Aid, regardless of the value of | ||||||
16 | the property.
| ||||||
17 | The Department shall develop procedures to enhance | ||||||
18 | availability of
services on evenings, weekends, and on an | ||||||
19 | emergency basis to meet the
respite needs of caregivers. | ||||||
20 | Procedures shall be developed to permit the
utilization of | ||||||
21 | services in successive blocks of 24 hours up to the monthly
| ||||||
22 | maximum established by the Department. Workers providing these | ||||||
23 | services
shall be appropriately trained.
| ||||||
24 | Beginning on the effective date of this Amendatory Act of | ||||||
25 | 1991, no person
may perform chore/housekeeping and homemaker | ||||||
26 | services under a program
authorized by this Section unless that | ||||||
27 | person has been issued a certificate
of pre-service to do so by | ||||||
28 | his or her employing agency. Information
gathered to effect | ||||||
29 | such certification shall include (i) the person's name,
(ii) | ||||||
30 | the date the person was hired by his or her current employer, | ||||||
31 | and
(iii) the training, including dates and levels. Persons | ||||||
32 | engaged in the
program authorized by this Section before the | ||||||
33 | effective date of this
amendatory Act of 1991 shall be issued a | ||||||
34 | certificate of all pre- and
in-service training from his or her | ||||||
35 | employer upon submitting the necessary
information. The | ||||||
36 | employing agency shall be required to retain records of
all |
| |||||||
| |||||||
1 | staff pre- and in-service training, and shall provide such | ||||||
2 | records to
the Department upon request and upon termination of | ||||||
3 | the employer's contract
with the Department. In addition, the | ||||||
4 | employing agency is responsible for
the issuance of | ||||||
5 | certifications of in-service training completed to their
| ||||||
6 | employees.
| ||||||
7 | The Department is required to develop a system to ensure | ||||||
8 | that persons
working as homemakers and chore housekeepers | ||||||
9 | receive increases in their
wages when the federal minimum wage | ||||||
10 | is increased by requiring vendors to
certify that they are | ||||||
11 | meeting the federal minimum wage statute for homemakers
and | ||||||
12 | chore housekeepers. An employer that cannot ensure that the | ||||||
13 | minimum
wage increase is being given to homemakers and chore | ||||||
14 | housekeepers
shall be denied any increase in reimbursement | ||||||
15 | costs.
| ||||||
16 | The Department on Aging and the Department of Human | ||||||
17 | Services
shall cooperate in the development and submission of | ||||||
18 | an annual report on
programs and services provided under this | ||||||
19 | Section. Such joint report
shall be filed with the Governor and | ||||||
20 | the General Assembly on or before
September 30 each year.
| ||||||
21 | The requirement for reporting to the General Assembly shall | ||||||
22 | be satisfied
by filing copies of the report with the Speaker, | ||||||
23 | the Minority Leader and
the Clerk of the House of | ||||||
24 | Representatives and the President, the Minority
Leader and the | ||||||
25 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
26 | required by Section 3.1 of the General Assembly Organization | ||||||
27 | Act and
filing such additional copies with the State Government | ||||||
28 | Report Distribution
Center for the General Assembly as is | ||||||
29 | required under paragraph (t) of
Section 7 of the State Library | ||||||
30 | Act.
| ||||||
31 | Those persons previously found eligible for receiving | ||||||
32 | non-institutional
services whose services were discontinued | ||||||
33 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
34 | not meet the eligibility standards in effect
on or after July | ||||||
35 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
36 | Those persons previously not required to cost-share and who |
| |||||||
| |||||||
1 | were
required to cost-share effective March 1, 1992, shall | ||||||
2 | continue to meet
cost-share requirements on and after July 1, | ||||||
3 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
4 | meet
eligibility, cost-share, and other requirements and will | ||||||
5 | have services
discontinued or altered when they fail to meet | ||||||
6 | these requirements.
| ||||||
7 | (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, | ||||||
8 | eff. 8-10-04.)
| ||||||
9 | Section 10. The Disabled Persons Rehabilitation Act is | ||||||
10 | amended by changing Section 3 as follows:
| ||||||
11 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| ||||||
12 | Sec. 3. Powers and duties. The Department shall have the | ||||||
13 | powers and
duties enumerated
herein:
| ||||||
14 | (a) To co-operate with the federal government in the | ||||||
15 | administration
of the provisions of the federal Rehabilitation | ||||||
16 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||
17 | 1998,
and of the federal Social Security Act to the extent and | ||||||
18 | in the manner
provided in these Acts.
| ||||||
19 | (b) To prescribe and supervise such courses of vocational | ||||||
20 | training
and provide such other services as may be necessary | ||||||
21 | for the habilitation
and rehabilitation of persons with one or | ||||||
22 | more disabilities, including the
administrative activities | ||||||
23 | under subsection (e) of this Section, and to
co-operate with | ||||||
24 | State and local school authorities and other recognized
| ||||||
25 | agencies engaged in habilitation, rehabilitation and | ||||||
26 | comprehensive
rehabilitation services; and to cooperate with | ||||||
27 | the Department of Children
and Family Services regarding the | ||||||
28 | care and education of children with one
or more disabilities.
| ||||||
29 | (c) (Blank).
| ||||||
30 | (d) To report in writing, to the Governor, annually on or | ||||||
31 | before the
first day of December, and at such other times and | ||||||
32 | in such manner and
upon such subjects as the Governor may | ||||||
33 | require. The annual report shall
contain (1) a statement of the | ||||||
34 | existing condition of comprehensive
rehabilitation services, |
| |||||||
| |||||||
1 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
2 | of suggestions and recommendations with reference to the
| ||||||
3 | development of comprehensive rehabilitation services, | ||||||
4 | habilitation and
rehabilitation in the State; and (3) an | ||||||
5 | itemized statement of the
amounts of money received from | ||||||
6 | federal, State and other sources, and of
the objects and | ||||||
7 | purposes to which the respective items of these several
amounts | ||||||
8 | have been devoted.
| ||||||
9 | (e) (Blank).
| ||||||
10 | (f) To establish a program of services to prevent | ||||||
11 | unnecessary
institutionalization of persons with Alzheimer's | ||||||
12 | disease and related
disorders or persons in need of long term | ||||||
13 | care who are established as blind
or disabled as defined by the | ||||||
14 | Social Security Act, thereby enabling them to
remain in their | ||||||
15 | own homes or other living arrangements. Such preventive
| ||||||
16 | services may include, but are not limited to, any or all of the | ||||||
17 | following:
| ||||||
18 | (1) home health services;
| ||||||
19 | (2) home nursing services;
| ||||||
20 | (3) homemaker services;
| ||||||
21 | (4) chore and housekeeping services;
| ||||||
22 | (5) day care services;
| ||||||
23 | (6) home-delivered meals;
| ||||||
24 | (7) education in self-care;
| ||||||
25 | (8) personal care services;
| ||||||
26 | (9) adult day health services;
| ||||||
27 | (10) habilitation services;
| ||||||
28 | (11) respite care; or
| ||||||
29 | (12) other nonmedical social services that may enable | ||||||
30 | the person to
become self-supporting.
| ||||||
31 | The Department shall establish eligibility
standards for | ||||||
32 | such services taking into consideration the unique
economic and | ||||||
33 | social needs of the population for whom they are to
be | ||||||
34 | provided. Such eligibility standards may be based on the | ||||||
35 | recipient's
ability to pay for services; provided, however, | ||||||
36 | that any portion of a
person's income that is equal to or less |
| |||||||
| |||||||
1 | than the "protected income" level
shall not be considered by | ||||||
2 | the Department in determining eligibility. The
"protected | ||||||
3 | income" level shall be determined by the Department, shall | ||||||
4 | never be
less than the federal poverty standard, and shall be | ||||||
5 | adjusted each year to
reflect changes in the Consumer Price | ||||||
6 | Index For All Urban Consumers as
determined by the United | ||||||
7 | States Department of Labor. Additionally, in
determining the | ||||||
8 | amount and nature of services for which a person may qualify,
| ||||||
9 | consideration shall not be given to the value of cash, property | ||||||
10 | or other assets
held in the name of the person's spouse | ||||||
11 | pursuant to a written agreement
dividing marital property into | ||||||
12 | equal but separate shares or pursuant to a
transfer of the | ||||||
13 | person's interest in a home to his spouse, provided that the
| ||||||
14 | spouse's share of the marital property is not made available to | ||||||
15 | the person
seeking such services.
| ||||||
16 | The services shall be provided to eligible persons
to | ||||||
17 | prevent unnecessary or premature institutionalization, to
the | ||||||
18 | extent that the cost of the services, together with the
other | ||||||
19 | personal maintenance expenses of the persons, are reasonably
| ||||||
20 | related to the standards established for care in a group | ||||||
21 | facility
appropriate to their condition. These | ||||||
22 | non-institutional
services, pilot projects or experimental | ||||||
23 | facilities may be provided as part of
or in addition to those | ||||||
24 | authorized by federal law or those funded and
administered by | ||||||
25 | the Illinois Department on Aging.
| ||||||
26 | Personal care attendants shall be paid:
| ||||||
27 | (i) A $5 per hour minimum rate beginning July 1, 1995.
| ||||||
28 | (ii) A $5.30 per hour minimum rate beginning July 1, | ||||||
29 | 1997.
| ||||||
30 | (iii) A $5.40 per hour minimum rate beginning July 1, | ||||||
31 | 1998.
| ||||||
32 | Solely for the purposes of coverage under the Illinois | ||||||
33 | Public Labor
Relations
Act
(5 ILCS 315/), personal care | ||||||
34 | attendants and personal assistants providing
services under
| ||||||
35 | the Department's Home Services Program shall be considered to | ||||||
36 | be public
employees
and the State of Illinois shall be |
| |||||||
| |||||||
1 | considered to be their employer as of the
effective date of
| ||||||
2 | this amendatory Act of the 93rd General Assembly, but not | ||||||
3 | before. The State
shall
engage in collective bargaining with an | ||||||
4 | exclusive representative of personal
care
attendants and | ||||||
5 | personal assistants working under the Home Services Program
| ||||||
6 | concerning
their terms and conditions of employment that are | ||||||
7 | within the State's control.
Nothing in
this paragraph shall be | ||||||
8 | understood to limit the right of the persons receiving
services
| ||||||
9 | defined in this Section to hire and fire personal care | ||||||
10 | attendants and
personal assistants
or supervise them within the | ||||||
11 | limitations set by the Home Services Program. The
State
shall | ||||||
12 | not be considered to be the employer of personal care | ||||||
13 | attendants and
personal
assistants for any purposes not | ||||||
14 | specifically provided in this amendatory Act of
the 93rd
| ||||||
15 | General Assembly, including but not limited to, purposes of | ||||||
16 | vicarious liability
in tort and
purposes of statutory | ||||||
17 | retirement or health insurance benefits. Personal care
| ||||||
18 | attendants
and personal assistants shall not be covered by the | ||||||
19 | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| ||||||
20 | The Department shall pay an amount into a health care fund | ||||||
21 | jointly administered by the Department and the exclusive | ||||||
22 | representative under the Illinois Public Labor Relations Act | ||||||
23 | or, if no such representative exists, the representatives of | ||||||
24 | the individuals that perform those services. For fiscal year | ||||||
25 | 2006, the amount must equal $1.40 for each hour of preventive | ||||||
26 | services provided under this Section. For subsequent fiscal | ||||||
27 | years, the amount of minimum funding must be adjusted for | ||||||
28 | changes in the costs of medical services. For years after 2006, | ||||||
29 | the adjusted amount of minimum funding shall be $1.40 plus the | ||||||
30 | result of $1.40 multiplied by the percentage, if any, by which | ||||||
31 | the medical component of the Consumer Price Index for the | ||||||
32 | calendar year in which the fiscal year begins exceeds such | ||||||
33 | component for calendar year 2005 for each hour of preventive | ||||||
34 | services provided under this Section. The Department must use | ||||||
35 | the moneys in the fund to provide comprehensive health care | ||||||
36 | coverage for all individuals that perform more than 80 hours of |
| |||||||
| |||||||
1 | preventative services per month. If such an individual has | ||||||
2 | dependents, the comprehensive health care coverage provided by | ||||||
3 | the Department under this Section must also extend to those | ||||||
4 | dependents.
| ||||||
5 | The Department shall execute, relative to the nursing home | ||||||
6 | prescreening
project, as authorized by Section 4.03 of the | ||||||
7 | Illinois Act on the Aging,
written inter-agency agreements with | ||||||
8 | the Department on Aging and
the Department of Public Aid, to | ||||||
9 | effect the following: (i) intake procedures
and common | ||||||
10 | eligibility criteria for those persons who are receiving
| ||||||
11 | non-institutional services; and (ii) the establishment and | ||||||
12 | development of
non-institutional services in areas of the State | ||||||
13 | where they are not
currently available or are undeveloped. On | ||||||
14 | and after July 1, 1996, all nursing
home prescreenings for | ||||||
15 | individuals 18 through 59 years of age shall be
conducted by | ||||||
16 | the Department.
| ||||||
17 | The Department is authorized to establish a system of | ||||||
18 | recipient cost-sharing
for services provided under this | ||||||
19 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
20 | ability to pay for services, but in no case shall the
| ||||||
21 | recipient's share exceed the actual cost of the services | ||||||
22 | provided. Protected
income shall not be considered by the | ||||||
23 | Department in its determination of the
recipient's ability to | ||||||
24 | pay a share of the cost of services. The level of
cost-sharing | ||||||
25 | shall be adjusted each year to reflect changes in the | ||||||
26 | "protected
income" level. The Department shall deduct from the | ||||||
27 | recipient's share of the
cost of services any money expended by | ||||||
28 | the recipient for disability-related
expenses.
| ||||||
29 | The Department, or the Department's authorized | ||||||
30 | representative, shall recover
the amount of moneys expended for | ||||||
31 | services provided to or in behalf of a person
under this | ||||||
32 | Section by a claim against the person's estate or against the | ||||||
33 | estate
of the person's surviving spouse, but no recovery may be | ||||||
34 | had until after the
death of the surviving spouse, if any, and | ||||||
35 | then only at such time when there is
no surviving child who is | ||||||
36 | under age 21, blind, or permanently and totally
disabled. This |
| |||||||
| |||||||
1 | paragraph, however, shall not bar recovery, at the death of the
| ||||||
2 | person, of moneys for services provided to the person or in | ||||||
3 | behalf of the
person under this Section to which the person was | ||||||
4 | not entitled; provided that
such recovery shall not be enforced | ||||||
5 | against any real estate while
it is occupied as a homestead by | ||||||
6 | the surviving spouse or other dependent, if no
claims by other | ||||||
7 | creditors have been filed against the estate, or, if such
| ||||||
8 | claims have been filed, they remain dormant for failure of | ||||||
9 | prosecution or
failure of the claimant to compel administration | ||||||
10 | of the estate for the purpose
of payment. This paragraph shall | ||||||
11 | not bar recovery from the estate of a spouse,
under Sections | ||||||
12 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
13 | Illinois Public Aid Code, who precedes a person receiving | ||||||
14 | services under this
Section in death. All moneys for services
| ||||||
15 | paid to or in behalf of the person under this Section shall be | ||||||
16 | claimed for
recovery from the deceased spouse's estate. | ||||||
17 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
18 | house and
contiguous real estate occupied by a surviving spouse | ||||||
19 | or relative, as defined
by the rules and regulations of the | ||||||
20 | Illinois Department of Public Aid,
regardless of the value of | ||||||
21 | the property.
| ||||||
22 | The Department and the Department on Aging shall cooperate
| ||||||
23 | in the development and submission of an annual report on | ||||||
24 | programs and
services provided under this Section. Such joint | ||||||
25 | report shall be filed
with the Governor and the General | ||||||
26 | Assembly on or before March
30
each year.
| ||||||
27 | The requirement for reporting to the General Assembly shall | ||||||
28 | be satisfied
by filing copies of the report with the Speaker, | ||||||
29 | the Minority Leader and
the Clerk of the House of | ||||||
30 | Representatives and the President, the Minority
Leader and the | ||||||
31 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
32 | required by Section 3.1 of the General Assembly Organization | ||||||
33 | Act, and filing
additional copies with the State
Government | ||||||
34 | Report Distribution Center for the General Assembly as
required | ||||||
35 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
36 | (g) To establish such subdivisions of the Department
as |
| |||||||
| |||||||
1 | shall be desirable and assign to the various subdivisions the
| ||||||
2 | responsibilities and duties placed upon the Department by law.
| ||||||
3 | (h) To cooperate and enter into any necessary agreements | ||||||
4 | with the
Department of Employment Security for the provision of | ||||||
5 | job placement and
job referral services to clients of the | ||||||
6 | Department, including job
service registration of such clients | ||||||
7 | with Illinois Employment Security
offices and making job | ||||||
8 | listings maintained by the Department of Employment
Security | ||||||
9 | available to such clients.
| ||||||
10 | (i) To possess all powers reasonable and necessary for
the | ||||||
11 | exercise and administration of the powers, duties and
| ||||||
12 | responsibilities of the Department which are provided for by | ||||||
13 | law.
| ||||||
14 | (j) To establish a procedure whereby new providers of
| ||||||
15 | personal care attendant services shall submit vouchers to the | ||||||
16 | State for
payment two times during their first month of | ||||||
17 | employment and one time per
month thereafter. In no case shall | ||||||
18 | the Department pay personal care
attendants an hourly wage that | ||||||
19 | is less than the federal minimum wage.
| ||||||
20 | (k) To provide adequate notice to providers of chore and | ||||||
21 | housekeeping
services informing them that they are entitled to | ||||||
22 | an interest payment on
bills which are not promptly paid | ||||||
23 | pursuant to Section 3 of the State Prompt
Payment Act.
| ||||||
24 | (l) To establish, operate and maintain a Statewide Housing | ||||||
25 | Clearinghouse
of information on available, government | ||||||
26 | subsidized housing accessible to
disabled persons and | ||||||
27 | available privately owned housing accessible to
disabled | ||||||
28 | persons. The information shall include but not be limited to | ||||||
29 | the
location, rental requirements, access features and | ||||||
30 | proximity to public
transportation of available housing. The | ||||||
31 | Clearinghouse shall consist
of at least a computerized database | ||||||
32 | for the storage and retrieval of
information and a separate or | ||||||
33 | shared toll free telephone number for use by
those seeking | ||||||
34 | information from the Clearinghouse. Department offices and
| ||||||
35 | personnel throughout the State shall also assist in the | ||||||
36 | operation of the
Statewide Housing Clearinghouse. Cooperation |
| |||||||
| |||||||
1 | with local, State and federal
housing managers shall be sought | ||||||
2 | and extended in order to frequently and
promptly update the | ||||||
3 | Clearinghouse's information.
| ||||||
4 | (m) To assure that the names and case records of persons | ||||||
5 | who received or
are
receiving services from the Department, | ||||||
6 | including persons receiving vocational
rehabilitation, home | ||||||
7 | services, or other services, and those attending one of
the | ||||||
8 | Department's schools or other supervised facility shall be | ||||||
9 | confidential and
not be open to the general public. Those case | ||||||
10 | records and reports or the
information contained in those | ||||||
11 | records and reports shall be disclosed by the
Director only to | ||||||
12 | proper law enforcement officials, individuals authorized by a
| ||||||
13 | court, the General Assembly or any committee or commission of | ||||||
14 | the General
Assembly, and other persons and for reasons as the | ||||||
15 | Director designates by rule.
Disclosure by the Director may be | ||||||
16 | only in accordance with other applicable
law.
| ||||||
17 | (Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|