HB0781 Engrossed

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1
    AN ACT in relation to aging. 

 
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 
 


 






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1
    living space with other senior citizens. The eligibility 
2
    standards must include a provision that, to be eligible for 
3
    services under this Section, a person may not have assets 
4
    (other than specifically exempt assets) totaling more than 
5
    $15,000 in the State fiscal year beginning July 1, 2005, 
6
    $17,500 in the State fiscal year beginning July 1, 2006, 
7
    and $20,000 in the State fiscal year beginning July 1, 2007 
8
    and thereafter if:

9
        (1) the person is unmarried; or

10
        (2) the person is married and the Department determines 
11
    that:

12
            (A) the person's spouse receives services under 
13
        this Section;

14
            (B) the person's spouse resides in a skilled 
15
        nursing or intermediate
long-term care facility that 
16
        is subject to licensure by the Department of
Public 
17
        Health under the Nursing Home Care Act;

18
            (C) the person's spouse does not reside on a 
19
        permanent basis with the
person and does not receive 
20
        support from or give support to the person;

21
            (D) the person has been abandoned by his or her 
22
        spouse; or

23
            (E) the person has been the subject of a report of 
24
        abuse (as defined in
the Elder Abuse and Neglect Act) 
25
        by his or her spouse.

26
    Notwithstanding the preceding paragraph, the eligibility 
27
standards must
include a provision that, to be eligible for 
28
services under this Section, a
person who is married and whose 
29
spouse does not receive services under this
Section may not 
30
have assets (other than specifically exempt assets) totaling

31
more than the asset disregard amount used by the Department of 
32
Public Aid in
determining eligibility for medical assistance 
33
under Article V of the Illinois
Public Aid Code. A person who 
34
does not meet the eligibility standards for services under this 
35
Section because of excess assets may establish eligibility for 
36
those services by paying a monthly amount to the Department as 
 


 






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1
a spend-down or deductible.  The Department shall establish 
2
appropriate procedures to permit payment of such amounts as a 
3
spend-down or deductible.

4
    The Department shall establish eligibility standards for 
5
such
services taking into consideration the unique economic and 
6
social needs
of the target population for whom they are to be 
7
provided.  Such eligibility
standards shall be based on the 
8
recipient's ability to pay for services;
provided, however, 
9
that in determining the amount and nature of services
for which 
10
a person may qualify, consideration shall not be given to the

11
value of cash, property or other assets held in the name of the 
12
person's
spouse pursuant to a written agreement dividing 
13
marital property into equal
but separate shares or pursuant to 
14
a transfer of the person's interest in a
home to his spouse, 
15
provided that the spouse's share of the marital
property is not 
16
made available to the person seeking such services.

17
    Beginning July 1, 2002, the Department shall require as a 
18
condition of
eligibility that all financially eligible 
19
applicants and recipients apply
for medical assistance
under 
20
Article V of the Illinois Public Aid Code in accordance with 
21
rules
promulgated by the Department.

22
    The Department shall, in conjunction with the Department of 
23
Public Aid,
seek appropriate amendments under Sections 1915 and 
24
1924 of the Social
Security Act.  The purpose of the amendments 
25
shall be to extend eligibility
for home and community based 
26
services under Sections 1915 and 1924 of the
Social Security 
27
Act to persons who transfer to or for the benefit of a
spouse 
28
those amounts of income and resources allowed under Section 
29
1924 of
the Social Security Act.  Subject to the approval of 
30
such amendments, the
Department shall extend the provisions of 
31
Section 5-4 of the Illinois
Public Aid Code to persons who, but 
32
for the provision of home or
community-based services, would 
33
require the level of care provided in an
institution, as is 
34
provided for in federal law.  Those persons no longer
found to 
35
be eligible for receiving noninstitutional services due to 
36
changes
in the eligibility criteria shall be given 60 days 
 


 






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notice prior to actual
termination.  Those persons receiving 
2
notice of termination may contact the
Department and request 
3
the determination be appealed at any time during the
60 day 
4
notice period.  With the exception of the lengthened notice and 
5
time
frame for the appeal request, the appeal process shall 
6
follow the normal
procedure.  In addition, each person affected 
7
regardless of the
circumstances for discontinued eligibility 
8
shall be given notice and the
opportunity to purchase the 
9
necessary services through the Community Care
Program.  If the 
10
individual does not elect to purchase services, the
Department 
11
shall advise the individual of alternative services.  The target

12
population identified for the purposes of this Section are 
13
persons age 60
and older with an identified service need.  
14
Priority shall be given to those
who are at imminent risk of 
15
institutionalization.  The services shall be
provided to 
16
eligible persons age 60 and older to the extent that the cost

17
of the services together with the other personal maintenance

18
expenses of the persons are reasonably related to the standards

19
established for care in a group facility appropriate to the 
20
person's
condition.  These non-institutional services, pilot 
21
projects or
experimental facilities may be provided as part of 
22
or in addition to
those authorized by federal law or those 
23
funded and administered by the
Department of Human Services.  
24
The Departments of Human Services, Public Aid,
Public Health, 
25
Veterans' Affairs, and Commerce and Economic Opportunity and

26
other appropriate agencies of State, federal and local 
27
governments shall
cooperate with the Department on Aging in the 
28
establishment and development
of the non-institutional 
29
services.  The Department shall require an annual
audit from all 
30
chore/housekeeping and homemaker vendors contracting with
the 
31
Department under this Section.  The annual audit shall assure 
32
that each
audited vendor's procedures are in compliance with 
33
Department's financial
reporting guidelines requiring a 27% 
34
administrative cost split and a 73%
employee wages and benefits 
35
cost split.  The audit is a public record under
the Freedom of 
36
Information Act.  The Department shall execute, relative to
the 
 


 






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nursing home prescreening project, written inter-agency

2
agreements with the Department of Human Services and the 
3
Department
of Public Aid, to effect the following:  (1) intake 
4
procedures and common
eligibility criteria for those persons 
5
who are receiving non-institutional
services; and (2) the 
6
establishment and development of non-institutional
services in 
7
areas of the State where they are not currently available or 
8
are
undeveloped.  On and after July 1, 1996, all nursing home 
9
prescreenings for
individuals 60 years of age or older shall be 
10
conducted by the Department.

11
    The Department is authorized to establish a system of 
12
recipient copayment
for services provided under this Section, 
13
such copayment to be based upon
the recipient's ability to pay 
14
but in no case to exceed the actual cost of
the services 
15
provided. Additionally, any portion of a person's income which

16
is equal to or less than the federal poverty standard shall not 
17
be
considered by the Department in determining the copayment.  
18
The level of
such copayment shall be adjusted whenever 
19
necessary to reflect any change
in the officially designated 
20
federal poverty standard.

21
    The Department, or the Department's authorized 
22
representative, shall
recover the amount of moneys expended for 
23
services provided to or in
behalf of a person under this 
24
Section by a claim against the person's
estate or against the 
25
estate of the person's surviving spouse, but no
recovery may be 
26
had until after the death of the surviving spouse, if
any, and 
27
then only at such time when there is no surviving child who
is 
28
under age 21, blind, or permanently and totally disabled.  This

29
paragraph, however, shall not bar recovery, at the death of the 
30
person, of
moneys for services provided to the person or in 
31
behalf of the person under
this Section to which the person was 
32
not entitled;
provided that such recovery shall not be enforced 
33
against any real estate while
it is occupied as a homestead by 
34
the surviving spouse or other dependent, if no
claims by other 
35
creditors have been filed against the estate, or, if such

36
claims have been filed, they remain dormant for failure of 
 


 






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prosecution or
failure of the claimant to compel administration 
2
of the estate for the purpose
of payment.  This paragraph shall 
3
not bar recovery from the estate of a spouse,
under Sections 
4
1915 and 1924 of the Social Security Act and Section 5-4 of the

5
Illinois Public Aid Code, who precedes a person receiving 
6
services under this
Section in death.  All moneys for services

7
paid to or in behalf of the person under this Section shall be 
8
claimed for
recovery from the deceased spouse's estate.  
9
"Homestead", as used
in this paragraph, means the dwelling 
10
house and
contiguous real estate occupied by a surviving spouse

11
or relative, as defined by the rules and regulations of the 
12
Illinois Department
of Public Aid, regardless of the value of 
13
the property.

14
    The Department shall develop procedures to enhance 
15
availability of
services on evenings, weekends, and on an 
16
emergency basis to meet the
respite needs of caregivers.  
17
Procedures shall be developed to permit the
utilization of 
18
services in successive blocks of 24 hours up to the monthly

19
maximum established by the Department.   Workers providing these 
20
services
shall be appropriately trained.

21
    Beginning on the effective date of this Amendatory Act of 
22
1991, no person
may perform chore/housekeeping and homemaker 
23
services under a program
authorized by this Section unless that 
24
person has been issued a certificate
of pre-service to do so by 
25
his or her employing agency.  Information
gathered to effect 
26
such certification shall include (i) the person's name,
(ii) 
27
the date the person was hired by his or her current employer, 
28
and
(iii) the training, including dates and levels.  Persons 
29
engaged in the
program authorized by this Section before the 
30
effective date of this
amendatory Act of 1991 shall be issued a 
31
certificate of all pre- and
in-service training from his or her 
32
employer upon submitting the necessary
information.  The 
33
employing agency shall be required to retain records of
all 
34
staff pre- and in-service training, and shall provide such 
35
records to
the Department upon request and upon termination of 
36
the employer's contract
with the Department.  In addition, the 
 


 






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1
employing agency is responsible for
the issuance of 
2
certifications of in-service training completed to their

3
employees.

4
    The Department is required to develop a system to ensure 
5
that persons
working as homemakers and chore housekeepers 
6
receive increases in their
wages when the federal minimum wage 
7
is increased by requiring vendors to
certify that they are 
8
meeting the federal minimum wage statute for homemakers
and 
9
chore housekeepers.  An employer that cannot ensure that the 
10
minimum
wage increase is being given to homemakers and chore 
11
housekeepers
shall be denied any increase in reimbursement 
12
costs.

13
    The Department on Aging and the Department of Human 
14
Services
shall cooperate in the development and submission of 
15
an annual report on
programs and services provided under this 
16
Section.  Such joint report
shall be filed with the Governor and 
17
the General Assembly on or before
September 30 each year.

18
    The requirement for reporting to the General Assembly shall 
19
be satisfied
by filing copies of the report with the Speaker, 
20
the Minority Leader and
the Clerk of the House of 
21
Representatives and the President, the Minority
Leader and the 
22
Secretary of the Senate and the Legislative Research Unit,
as 
23
required by Section 3.1 of the General Assembly Organization 
24
Act  and
filing such additional copies with the State Government 
25
Report Distribution
Center for the General Assembly as is 
26
required under paragraph (t) of
Section 7 of the State Library 
27
Act.

28
    Those persons previously found eligible for receiving 
29
non-institutional
services whose services were discontinued 
30
under the Emergency Budget Act of
Fiscal Year 1992, and who do 
31
not meet the eligibility standards in effect
on or after July 
32
1, 1992, shall remain ineligible on and after July 1,
1992.  
33
Those persons previously not required to cost-share and who 
34
were
required to cost-share effective March 1, 1992, shall 
35
continue to meet
cost-share requirements on and after July 1, 
36
1992.  Beginning July 1, 1992,
all clients will be required to 
 


 






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meet
eligibility, cost-share, and other requirements and will 
2
have services
discontinued or altered when they fail to meet 
3
these requirements.

4
(Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, 
5
eff. 8-10-04.)



 
6
    Section 10. The Disabled Persons Rehabilitation Act is 
7
amended  by changing Section 3 as follows:
 



8
    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)


9
    Sec. 3. Powers and duties. The Department shall have the 
10
powers and
duties enumerated
herein:

11
    (a) To co-operate with the federal government in the 
12
administration
of the provisions of the federal Rehabilitation 
13
Act of 1973, as amended,
of the Workforce Investment Act of 
14
1998,
and of the federal Social Security Act to the extent and 
15
in the manner
provided in these Acts.

16
    (b) To prescribe and supervise such courses of vocational 
17
training
and provide such other services as may be necessary 
18
for the habilitation
and rehabilitation of persons with one or 
19
more disabilities, including the
administrative activities 
20
under subsection (e) of this Section, and to
co-operate with 
21
State and local school authorities and other recognized

22
agencies engaged in habilitation, rehabilitation and 
23
comprehensive
rehabilitation services; and to cooperate with 
24
the Department of Children
and Family Services regarding the 
25
care and education of children with one
or more disabilities.

26
    (c) (Blank).

27
    (d) To report in writing, to the Governor, annually on or 
28
before the
first day of December, and at such other times and 
29
in such manner and
upon such subjects as the Governor may 
30
require.  The annual report shall
contain (1) a statement of the 
31
existing condition of comprehensive
rehabilitation services, 
32
habilitation and rehabilitation in the State;
(2) a statement 
33
of suggestions and recommendations with reference to the

34
development of comprehensive rehabilitation services, 
 


 






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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

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.

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.  The eligibility standards must include a provision 
32
that, to be eligible for services under this Section, a person 
33
may not have assets (other than specifically exempt assets) 
34
totaling more than $15,000 in the State fiscal year beginning 
35
July 1, 2005, $17,500 in the State fiscal year beginning July 
36
1, 2006, and $20,000 in the State fiscal year beginning July 1, 
 


 






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2007 and thereafter if:
2
        (1) the person is unmarried; or

3
        (2) the person is married and the Department determines 
4
    that:

5
            (A) the person's spouse receives services under 
6
        this Section;

7
            (B) the person's spouse resides in a skilled 
8
        nursing or intermediate
long-term care facility that 
9
        is subject to licensure by the Department of
Public 
10
        Health under the Nursing Home Care Act;

11
            (C) the person's spouse does not reside on a 
12
        permanent basis with the
person and does not receive 
13
        support from or give support to the person;

14
            (D) the person has been abandoned by his or her 
15
        spouse; or

16
            (E) the person has been the subject of a report of 
17
        abuse (as defined in
the Elder Abuse and Neglect Act) 
18
        by his or her spouse.

19
    Notwithstanding the preceding paragraph, the eligibility 
20
standards must
include a provision that, to be eligible for 
21
services under this Section, a
person who is married and whose 
22
spouse does not receive services under this
Section may not 
23
have assets (other than specifically exempt assets) totaling

24
more than the asset disregard amount used by the Department of 
25
Public Aid in
determining eligibility for medical assistance 
26
under Article V of the Illinois
Public Aid Code. A person who 
27
does not meet the eligibility standards for services under this 
28
Section because of excess assets may establish eligibility for 
29
those services by paying a monthly amount to the Department as 
30
a spend-down or deductible.  The Department shall establish 
31
appropriate procedures to permit payment of such amounts as a 
32
spend-down or deductible.

33
    Such eligibility standards may be based on the recipient's

34
ability to pay for services; provided, however, that any 
35
portion of a
person's income that is equal to or less than the 
36
"protected income" level
shall not be considered by the 
 


 






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1
Department in determining eligibility.  The
"protected income" 
2
level shall be determined by the Department, shall never be

3
less than the federal poverty standard, and shall be adjusted 
4
each year to
reflect changes in the Consumer Price Index For 
5
All Urban Consumers as
determined by the United States 
6
Department of Labor.  Additionally, in
determining the amount 
7
and nature of services for which a person may qualify,

8
consideration shall not be given to the value of cash, property 
9
or other assets
held in the name of the person's spouse 
10
pursuant to a written agreement
dividing marital property into 
11
equal but separate shares or pursuant to a
transfer of the 
12
person's interest in a home to his spouse, provided that the

13
spouse's share of the marital property is not made available to 
14
the person
seeking such services.

15
    The services shall be provided to eligible persons
to 
16
prevent unnecessary or premature institutionalization, to
the 
17
extent that the cost of the services, together with the
other 
18
personal maintenance expenses of the persons, are reasonably

19
related to the standards established for care in a group 
20
facility
appropriate to their condition.  These 
21
non-institutional
services, pilot projects or experimental 
22
facilities may be provided as part of
or in addition to those 
23
authorized by federal law or those funded and
administered by 
24
the Illinois Department on Aging.

25
    Personal care attendants shall be paid:


26
        (i) A $5 per hour minimum rate beginning July 1, 1995.


27
        (ii) A $5.30 per hour minimum rate beginning July 1, 
28
    1997.


29
        (iii) A $5.40 per hour minimum rate beginning July 1, 
30
    1998.

31
    Solely for the purposes of coverage under the Illinois 
32
Public Labor
Relations
Act
(5 ILCS 315/), personal care 
33
attendants and personal assistants providing
services under

34
the Department's Home Services Program shall be considered to 
35
be public
employees
and the State of Illinois shall be 
36
considered to be their employer as of the
effective date of

 


 






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this amendatory Act of the 93rd General Assembly, but not 
2
before. The State
shall
engage in collective bargaining with an 
3
exclusive representative of personal
care
attendants and 
4
personal assistants working under the Home Services Program

5
concerning
their terms and conditions of employment that are 
6
within the State's control.
Nothing in
this paragraph shall be 
7
understood to limit the right of the persons receiving
services

8
defined in this Section to hire and fire personal care 
9
attendants and
personal assistants
or supervise them within the 
10
limitations set by the Home Services Program. The
State
shall 
11
not be considered to be the employer of personal care 
12
attendants and
personal
assistants for any purposes not 
13
specifically provided in this amendatory Act of
the 93rd

14
General Assembly, including but not limited to, purposes of 
15
vicarious liability
in tort and
purposes of statutory 
16
retirement or health insurance benefits. Personal care

17
attendants
and personal assistants shall not be covered by the 
18
State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).

19
    The Department shall execute, relative to the nursing home 
20
prescreening
project, as authorized by Section 4.03 of the 
21
Illinois Act on the Aging,
written inter-agency agreements with 
22
the Department on Aging and
the Department of Public Aid, to 
23
effect the following:  (i) intake procedures
and common 
24
eligibility criteria for those persons who are receiving

25
non-institutional services; and (ii) the establishment and 
26
development of
non-institutional services in areas of the State 
27
where they are not
currently available or are undeveloped.  On 
28
and after July 1, 1996, all nursing
home prescreenings for 
29
individuals 18 through 59 years of age shall be
conducted by 
30
the Department.

31
    The Department is authorized to establish a system of 
32
recipient cost-sharing
for services provided under this 
33
Section.  The cost-sharing shall be based upon
the recipient's 
34
ability to pay for services, but in no case shall the

35
recipient's share exceed the actual cost of the services 
36
provided.  Protected
income shall not be considered by the 
 


 






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1
Department in its determination of the
recipient's ability to 
2
pay a share of the cost of services.  The level of
cost-sharing 
3
shall be adjusted each year to reflect changes in the 
4
"protected
income" level.  The Department shall deduct from the 
5
recipient's share of the
cost of services any money expended by 
6
the recipient for disability-related
expenses.

7
    The Department, or the Department's authorized 
8
representative, shall recover
the amount of moneys expended for 
9
services provided to or in behalf of a person
under this 
10
Section by a claim against the person's estate or against the 
11
estate
of the person's surviving spouse, but no recovery may be 
12
had until after the
death of the surviving spouse, if any, and 
13
then only at such time when there is
no surviving child who is 
14
under age 21, blind, or permanently and totally
disabled.  This 
15
paragraph, however, shall not bar recovery, at the death of the

16
person, of moneys for services provided to the person or in 
17
behalf of the
person under this Section to which the person was 
18
not entitled; provided that
such recovery shall not be enforced 
19
against any real estate while
it is occupied as a homestead by 
20
the surviving spouse or other dependent, if no
claims by other 
21
creditors have been filed against the estate, or, if such

22
claims have been filed, they remain dormant for failure of 
23
prosecution or
failure of the claimant to compel administration 
24
of the estate for the purpose
of payment.  This paragraph shall 
25
not bar recovery from the estate of a spouse,
under Sections 
26
1915 and 1924 of the Social Security Act and Section 5-4 of the

27
Illinois Public Aid Code, who precedes a person receiving 
28
services under this
Section in death.  All moneys for services

29
paid to or in behalf of the person under this Section shall be 
30
claimed for
recovery from the deceased spouse's estate.  
31
"Homestead", as used in this
paragraph, means the dwelling 
32
house and
contiguous real estate occupied by a surviving spouse 
33
or relative, as defined
by the rules and regulations of the 
34
Illinois Department of Public Aid,
regardless of the value of 
35
the property.

36
    The Department and the Department on Aging shall cooperate

 


 






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1
in the development and submission of an annual report on 
2
programs and
services provided under this Section. Such joint 
3
report shall be filed
with the Governor and the General 
4
Assembly on or before March
30
each year.

5
    The requirement for reporting to the General Assembly shall 
6
be satisfied
by filing copies of the report with the Speaker, 
7
the Minority Leader and
the Clerk of the House of 
8
Representatives and the President, the Minority
Leader and the 
9
Secretary of the Senate and the Legislative Research Unit,
as 
10
required by Section 3.1 of the General Assembly Organization 
11
Act, and filing
additional copies with the State
Government 
12
Report Distribution Center for the General Assembly as
required 
13
under paragraph (t) of Section 7 of the State Library Act.

14
    (g) To establish such subdivisions of the Department
as 
15
shall be desirable and assign to the various subdivisions the

16
responsibilities and duties placed upon the Department by law.

17
    (h) To cooperate and enter into any necessary agreements 
18
with the
Department of Employment Security for the provision of 
19
job placement and
job referral services to clients of the 
20
Department, including job
service registration of such clients 
21
with Illinois Employment Security
offices and making job 
22
listings maintained by the Department of Employment
Security 
23
available to such clients.

24
    (i) To possess all powers reasonable and necessary for
the 
25
exercise and administration of the powers, duties and

26
responsibilities of the Department which are provided for by 
27
law.

28
    (j) To establish a procedure whereby new providers of

29
personal care attendant services shall submit vouchers to the 
30
State for
payment two times during their first month of 
31
employment and one time per
month thereafter.  In no case shall 
32
the Department pay personal care
attendants an hourly wage that 
33
is less than the federal minimum wage.

34
    (k) To provide adequate notice to providers of chore and 
35
housekeeping
services informing them that they are entitled to 
36
an interest payment on
bills which are not promptly paid 
 


 






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1
pursuant to Section 3 of the State Prompt
Payment Act.

2
    (l) To establish, operate and maintain a Statewide Housing 
3
Clearinghouse
of information on available, government 
4
subsidized housing accessible to
disabled persons and 
5
available privately owned housing accessible to
disabled 
6
persons.  The information shall include but not be limited to 
7
the
location, rental requirements, access features and 
8
proximity to public
transportation of available housing.  The 
9
Clearinghouse shall consist
of at least a computerized database 
10
for the storage and retrieval of
information and a separate or 
11
shared toll free telephone number for use by
those seeking 
12
information from the Clearinghouse.  Department offices and

13
personnel throughout the State shall also assist in the 
14
operation of the
Statewide Housing Clearinghouse.  Cooperation 
15
with local, State and federal
housing managers shall be sought 
16
and extended in order to frequently and
promptly update the 
17
Clearinghouse's information.

18
    (m) To assure that the names and case records of persons 
19
who received or
are
receiving services from the Department, 
20
including persons receiving vocational
rehabilitation, home 
21
services, or other services, and those attending one of
the 
22
Department's schools or other supervised facility shall be 
23
confidential and
not be open to the general public.  Those case 
24
records and reports or the
information contained in those 
25
records and reports shall be disclosed by the
Director only to 
26
proper law enforcement officials, individuals authorized by a

27
court, the General Assembly or any committee or commission of 
28
the General
Assembly, and other persons and for reasons as the 
29
Director designates by rule.
 Disclosure by the Director may be 
30
only in accordance with other applicable
law.

31
(Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)



 
32
    Section 99. Effective date. This Act takes effect upon 
33
becoming law.