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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.02 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | Sec. 4.02. The Department shall establish a program of | ||||||
8 | services to
prevent unnecessary institutionalization of | ||||||
9 | persons age 60 and older in
need of long term care or who are | ||||||
10 | established as persons who suffer from
Alzheimer's disease or a | ||||||
11 | related disorder under the Alzheimer's Disease
Assistance Act, | ||||||
12 | thereby enabling them
to remain in their own homes or in other | ||||||
13 | living arrangements. Such
preventive services, which may be | ||||||
14 | coordinated with other programs for the
aged and monitored by | ||||||
15 | area agencies on aging in cooperation with the
Department, may | ||||||
16 | include, but are not limited to, any or all of the following:
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17 | (a) home health services;
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18 | (b) home nursing services;
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19 | (c) homemaker services;
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20 | (d) chore and housekeeping services;
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21 | (e) day care services;
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22 | (f) home-delivered meals;
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23 | (g) education in self-care;
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24 | (h) personal care services;
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25 | (i) adult day health services;
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26 | (j) habilitation services;
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27 | (k) respite care;
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28 | (k-5) community reintegration services;
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29 | (l) other nonmedical social services that may enable | ||||||
30 | the person
to become self-supporting; or
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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.
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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
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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.
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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.
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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 |
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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
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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
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15 | of the services together with the other personal maintenance
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16 | expenses of the persons are reasonably related to the standards
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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
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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 is a public record under
the Freedom of | ||||||
34 | Information Act. The Department shall execute, relative to
the | ||||||
35 | nursing home prescreening project, written inter-agency
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36 | agreements with the Department of Human Services and the |
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1 | Department
of Public Aid, to effect the following: (1) intake | ||||||
2 | procedures and common
eligibility criteria for those persons | ||||||
3 | who are receiving non-institutional
services; and (2) the | ||||||
4 | establishment and development of non-institutional
services in | ||||||
5 | areas of the State where they are not currently available or | ||||||
6 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
7 | prescreenings for
individuals 60 years of age or older shall be | ||||||
8 | conducted by the Department.
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9 | As part of the Department on Aging's routine training of | ||||||
10 | case managers and case manager supervisors, the Department may | ||||||
11 | include information on family futures planning for persons who | ||||||
12 | are age 60 or older and who are caregivers of their adult | ||||||
13 | children with developmental disabilities. The content of the | ||||||
14 | training shall be at the Department's discretion.
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15 | The Department is authorized to establish a system of | ||||||
16 | recipient copayment
for services provided under this Section, | ||||||
17 | such copayment to be based upon
the recipient's ability to pay | ||||||
18 | but in no case to exceed the actual cost of
the services | ||||||
19 | provided. Additionally, any portion of a person's income which
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20 | is equal to or less than the federal poverty standard shall not | ||||||
21 | be
considered by the Department in determining the copayment. | ||||||
22 | The level of
such copayment shall be adjusted whenever | ||||||
23 | necessary to reflect any change
in the officially designated | ||||||
24 | federal poverty standard.
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25 | The Department, or the Department's authorized | ||||||
26 | representative, shall
recover the amount of moneys expended for | ||||||
27 | services provided to or in
behalf of a person under this | ||||||
28 | Section by a claim against the person's
estate or against the | ||||||
29 | estate of the person's surviving spouse, but no
recovery may be | ||||||
30 | had until after the death of the surviving spouse, if
any, and | ||||||
31 | then only at such time when there is no surviving child who
is | ||||||
32 | under age 21, blind, or permanently and totally disabled. This
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33 | paragraph, however, shall not bar recovery, at the death of the | ||||||
34 | person, of
moneys for services provided to the person or in | ||||||
35 | behalf of the person under
this Section to which the person was | ||||||
36 | not entitled;
provided that such recovery shall not be enforced |
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1 | against any real estate while
it is occupied as a homestead by | ||||||
2 | the surviving spouse or other dependent, if no
claims by other | ||||||
3 | creditors have been filed against the estate, or, if such
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4 | claims have been filed, they remain dormant for failure of | ||||||
5 | prosecution or
failure of the claimant to compel administration | ||||||
6 | of the estate for the purpose
of payment. This paragraph shall | ||||||
7 | not bar recovery from the estate of a spouse,
under Sections | ||||||
8 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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9 | Illinois Public Aid Code, who precedes a person receiving | ||||||
10 | services under this
Section in death. All moneys for services
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11 | paid to or in behalf of the person under this Section shall be | ||||||
12 | claimed for
recovery from the deceased spouse's estate. | ||||||
13 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
14 | house and
contiguous real estate occupied by a surviving spouse
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15 | or relative, as defined by the rules and regulations of the | ||||||
16 | Illinois Department
of Public Aid, regardless of the value of | ||||||
17 | the property.
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18 | The Department shall develop procedures to enhance | ||||||
19 | availability of
services on evenings, weekends, and on an | ||||||
20 | emergency basis to meet the
respite needs of caregivers. | ||||||
21 | Procedures shall be developed to permit the
utilization of | ||||||
22 | services in successive blocks of 24 hours up to the monthly
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23 | maximum established by the Department. Workers providing these | ||||||
24 | services
shall be appropriately trained.
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25 | Beginning on the effective date of this Amendatory Act of | ||||||
26 | 1991, no person
may perform chore/housekeeping and homemaker | ||||||
27 | services under a program
authorized by this Section unless that | ||||||
28 | person has been issued a certificate
of pre-service to do so by | ||||||
29 | his or her employing agency. Information
gathered to effect | ||||||
30 | such certification shall include (i) the person's name,
(ii) | ||||||
31 | the date the person was hired by his or her current employer, | ||||||
32 | and
(iii) the training, including dates and levels. Persons | ||||||
33 | engaged in the
program authorized by this Section before the | ||||||
34 | effective date of this
amendatory Act of 1991 shall be issued a | ||||||
35 | certificate of all pre- and
in-service training from his or her | ||||||
36 | employer upon submitting the necessary
information. The |
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1 | employing agency shall be required to retain records of
all | ||||||
2 | staff pre- and in-service training, and shall provide such | ||||||
3 | records to
the Department upon request and upon termination of | ||||||
4 | the employer's contract
with the Department. In addition, the | ||||||
5 | employing agency is responsible for
the issuance of | ||||||
6 | certifications of in-service training completed to their
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7 | employees.
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8 | The Department is required to develop a system to ensure | ||||||
9 | that persons
working as homemakers and chore housekeepers | ||||||
10 | receive increases in their
wages when the federal minimum wage | ||||||
11 | is increased by requiring vendors to
certify that they are | ||||||
12 | meeting the federal minimum wage statute for homemakers
and | ||||||
13 | chore housekeepers. An employer that cannot ensure that the | ||||||
14 | minimum
wage increase is being given to homemakers and chore | ||||||
15 | housekeepers
shall be denied any increase in reimbursement | ||||||
16 | costs.
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17 | The Department on Aging and the Department of Human | ||||||
18 | Services
shall cooperate in the development and submission of | ||||||
19 | an annual report on
programs and services provided under this | ||||||
20 | Section. Such joint report
shall be filed with the Governor and | ||||||
21 | the General Assembly on or before
September 30 each year.
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22 | The requirement for reporting to the General Assembly shall | ||||||
23 | be satisfied
by filing copies of the report with the Speaker, | ||||||
24 | the Minority Leader and
the Clerk of the House of | ||||||
25 | Representatives and the President, the Minority
Leader and the | ||||||
26 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
27 | required by Section 3.1 of the General Assembly Organization | ||||||
28 | Act and
filing such additional copies with the State Government | ||||||
29 | Report Distribution
Center for the General Assembly as is | ||||||
30 | required under paragraph (t) of
Section 7 of the State Library | ||||||
31 | Act.
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32 | Those persons previously found eligible for receiving | ||||||
33 | non-institutional
services whose services were discontinued | ||||||
34 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
35 | not meet the eligibility standards in effect
on or after July | ||||||
36 | 1, 1992, shall remain ineligible on and after July 1,
1992. |
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1 | Those persons previously not required to cost-share and who | ||||||
2 | were
required to cost-share effective March 1, 1992, shall | ||||||
3 | continue to meet
cost-share requirements on and after July 1, | ||||||
4 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
5 | meet
eligibility, cost-share, and other requirements and will | ||||||
6 | have services
discontinued or altered when they fail to meet | ||||||
7 | these requirements.
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8 | (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, | ||||||
9 | eff. 8-10-04.)
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10 | Section 10. The Family Caregiver Act is amended by adding | ||||||
11 | Section 27 as follows: | ||||||
12 | (320 ILCS 65/27 new) | ||||||
13 | Sec. 27. Elder caregivers of adult children with | ||||||
14 | developmental disabilities. Subject to appropriation or to | ||||||
15 | inclusion of this population in the federal Older Americans | ||||||
16 | Act, the Department may provide support to caregivers who are | ||||||
17 | age 60 or older and who are caring for their adult children | ||||||
18 | with developmental disabilities, in collaboration with the | ||||||
19 | Department of Human Services.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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