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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:
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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
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) adult day services;
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22 | (f) home-delivered meals;
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23 | (g) education in self-care;
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1 | (h) personal care services;
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2 | (i) adult day health services;
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3 | (j) habilitation services;
| ||||||
4 | (k) respite care;
| ||||||
5 | (k-5) community reintegration services;
| ||||||
6 | (l) other nonmedical social services that may enable | ||||||
7 | the person
to become self-supporting; or
| ||||||
8 | (m) clearinghouse for information provided by senior | ||||||
9 | citizen home owners
who want to rent rooms to or share | ||||||
10 | living space with other senior citizens.
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11 | The Department shall establish eligibility standards for | ||||||
12 | such
services taking into consideration the unique economic and | ||||||
13 | social needs
of the target population for whom they are to be | ||||||
14 | provided. Such eligibility
standards shall be based on the | ||||||
15 | recipient's ability to pay for services;
provided, however, | ||||||
16 | that in determining the amount and nature of services
for which | ||||||
17 | a person may qualify, consideration shall not be given to the
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18 | value of cash, property or other assets held in the name of the | ||||||
19 | person's
spouse pursuant to a written agreement dividing | ||||||
20 | marital property into equal
but separate shares or pursuant to | ||||||
21 | a transfer of the person's interest in a
home to his spouse, | ||||||
22 | provided that the spouse's share of the marital
property is not | ||||||
23 | made available to the person seeking such services.
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24 | Beginning July 1, 2002, the Department shall require as a | ||||||
25 | condition of
eligibility that all financially eligible | ||||||
26 | applicants and recipients apply
for medical assistance
under |
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| |||||||
1 | Article V of the Illinois Public Aid Code in accordance with | ||||||
2 | rules
promulgated by the Department.
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3 | The Department shall, in conjunction with the Department of | ||||||
4 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
5 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
6 | Social
Security Act. The purpose of the amendments shall be to | ||||||
7 | extend eligibility
for home and community based services under | ||||||
8 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
9 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
10 | income and resources allowed under Section 1924 of
the Social | ||||||
11 | Security Act. Subject to the approval of such amendments, the
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12 | Department shall extend the provisions of Section 5-4 of the | ||||||
13 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
14 | of home or
community-based services, would require the level of | ||||||
15 | care provided in an
institution, as is provided for in federal | ||||||
16 | law. Those persons no longer
found to be eligible for receiving | ||||||
17 | noninstitutional services due to changes
in the eligibility | ||||||
18 | criteria shall be given 60 days notice prior to actual
| ||||||
19 | termination. Those persons receiving notice of termination may | ||||||
20 | contact the
Department and request the determination be | ||||||
21 | appealed at any time during the
60 day notice period. With the | ||||||
22 | exception of the lengthened notice and time
frame for the | ||||||
23 | appeal request, the appeal process shall follow the normal
| ||||||
24 | procedure. In addition, each person affected regardless of the
| ||||||
25 | circumstances for discontinued eligibility shall be given | ||||||
26 | notice and the
opportunity to purchase the necessary services |
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1 | through the Community Care
Program. If the individual does not | ||||||
2 | elect to purchase services, the
Department shall advise the | ||||||
3 | individual of alternative services. The target
population | ||||||
4 | identified for the purposes of this Section are persons age 60
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5 | and older with an identified service need. Priority shall be | ||||||
6 | given to those
who are at imminent risk of | ||||||
7 | institutionalization. The services shall be
provided to | ||||||
8 | eligible persons age 60 and older to the extent that the cost
| ||||||
9 | of the services together with the other personal maintenance
| ||||||
10 | expenses of the persons are reasonably related to the standards
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11 | established for care in a group facility appropriate to the | ||||||
12 | person's
condition. These non-institutional services, pilot | ||||||
13 | projects or
experimental facilities may be provided as part of | ||||||
14 | or in addition to
those authorized by federal law or those | ||||||
15 | funded and administered by the
Department of Human Services. | ||||||
16 | The Departments of Human Services, Healthcare and Family | ||||||
17 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
18 | Economic Opportunity and
other appropriate agencies of State, | ||||||
19 | federal and local governments shall
cooperate with the | ||||||
20 | Department on Aging in the establishment and development
of the | ||||||
21 | non-institutional services. The Department shall require an | ||||||
22 | annual
audit from all chore/housekeeping and homemaker vendors | ||||||
23 | contracting with
the Department under this Section. The annual | ||||||
24 | audit shall assure that each
audited vendor's procedures are in | ||||||
25 | compliance with Department's financial
reporting guidelines | ||||||
26 | requiring an administrative and employee wage and benefits cost |
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1 | split as defined in administrative rules. The audit is a public | ||||||
2 | record under
the Freedom of Information Act. The Department | ||||||
3 | shall execute, relative to
the nursing home prescreening | ||||||
4 | project, written inter-agency
agreements with the Department | ||||||
5 | of Human Services and the Department
of Healthcare and Family | ||||||
6 | Services, to effect the following: (1) intake procedures and | ||||||
7 | common
eligibility criteria for those persons who are receiving | ||||||
8 | non-institutional
services; and (2) the establishment and | ||||||
9 | development of non-institutional
services in areas of the State | ||||||
10 | where they are not currently available or are
undeveloped. On | ||||||
11 | and after July 1, 1996, all nursing home prescreenings for
| ||||||
12 | individuals 60 years of age or older shall be conducted by the | ||||||
13 | Department.
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14 | As part of the Department on Aging's routine training of | ||||||
15 | case managers and case manager supervisors, the Department may | ||||||
16 | include information on family futures planning for persons who | ||||||
17 | are age 60 or older and who are caregivers of their adult | ||||||
18 | children with developmental disabilities. The content of the | ||||||
19 | training shall be at the Department's discretion. | ||||||
20 | The Department is authorized to establish a system of | ||||||
21 | recipient copayment
for services provided under this Section, | ||||||
22 | such copayment to be based upon
the recipient's ability to pay | ||||||
23 | but in no case to exceed the actual cost of
the services | ||||||
24 | provided. Additionally, any portion of a person's income which
| ||||||
25 | is equal to or less than the federal poverty standard shall not | ||||||
26 | be
considered by the Department in determining the copayment. |
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1 | The level of
such copayment shall be adjusted whenever | ||||||
2 | necessary to reflect any change
in the officially designated | ||||||
3 | federal poverty standard.
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4 | The Department, or the Department's authorized | ||||||
5 | representative, shall
recover the amount of moneys expended for | ||||||
6 | services provided to or in
behalf of a person under this | ||||||
7 | Section by a claim against the person's
estate or against the | ||||||
8 | estate of the person's surviving spouse, but no
recovery may be | ||||||
9 | had until after the death of the surviving spouse, if
any, and | ||||||
10 | then only at such time when there is no surviving child who
is | ||||||
11 | under age 21, blind, or permanently and totally disabled. This
| ||||||
12 | paragraph, however, shall not bar recovery, at the death of the | ||||||
13 | person, of
moneys for services provided to the person or in | ||||||
14 | behalf of the person under
this Section to which the person was | ||||||
15 | not entitled;
provided that such recovery shall not be enforced | ||||||
16 | against any real estate while
it is occupied as a homestead by | ||||||
17 | the surviving spouse or other dependent, if no
claims by other | ||||||
18 | creditors have been filed against the estate, or, if such
| ||||||
19 | claims have been filed, they remain dormant for failure of | ||||||
20 | prosecution or
failure of the claimant to compel administration | ||||||
21 | of the estate for the purpose
of payment. This paragraph shall | ||||||
22 | not bar recovery from the estate of a spouse,
under Sections | ||||||
23 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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24 | Illinois Public Aid Code, who precedes a person receiving | ||||||
25 | services under this
Section in death. All moneys for services
| ||||||
26 | paid to or in behalf of the person under this Section shall be |
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1 | claimed for
recovery from the deceased spouse's estate. | ||||||
2 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
3 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
4 | or relative, as defined by the rules and regulations of the | ||||||
5 | Department of Healthcare and Family Services, regardless of the | ||||||
6 | value of the property.
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7 | The Department shall develop procedures to enhance | ||||||
8 | availability of
services on evenings, weekends, and on an | ||||||
9 | emergency basis to meet the
respite needs of caregivers. | ||||||
10 | Procedures shall be developed to permit the
utilization of | ||||||
11 | services in successive blocks of 24 hours up to the monthly
| ||||||
12 | maximum established by the Department. Workers providing these | ||||||
13 | services
shall be appropriately trained.
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14 | Beginning on the effective date of this Amendatory Act of | ||||||
15 | 1991, no person
may perform chore/housekeeping and homemaker | ||||||
16 | services under a program
authorized by this Section unless that | ||||||
17 | person has been issued a certificate
of pre-service to do so by | ||||||
18 | his or her employing agency. Information
gathered to effect | ||||||
19 | such certification shall include (i) the person's name,
(ii) | ||||||
20 | the date the person was hired by his or her current employer, | ||||||
21 | and
(iii) the training, including dates and levels. Persons | ||||||
22 | engaged in the
program authorized by this Section before the | ||||||
23 | effective date of this
amendatory Act of 1991 shall be issued a | ||||||
24 | certificate of all pre- and
in-service training from his or her | ||||||
25 | employer upon submitting the necessary
information. The | ||||||
26 | employing agency shall be required to retain records of
all |
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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
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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.
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16 | The Community Care Program Advisory Committee is created in | ||||||
17 | the Department on Aging. The Director shall appoint individuals | ||||||
18 | to serve in the Committee, who shall serve at their own | ||||||
19 | expense. Members of the Committee must abide by all applicable | ||||||
20 | ethics laws. The Committee shall advise the Department on | ||||||
21 | issues related to the Department's program of services to | ||||||
22 | prevent unnecessary institutionalization. The Committee shall | ||||||
23 | meet on a bi-monthly basis and shall serve to identify and | ||||||
24 | advise the Department on present and potential issues affecting | ||||||
25 | the service delivery network, the program's clients, and the | ||||||
26 | Department and to recommend solution strategies. Persons |
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1 | appointed to the Committee shall be appointed on, but not | ||||||
2 | limited to, their own and their agency's experience with the | ||||||
3 | program, geographic representation, and willingness to serve. | ||||||
4 | The Committee shall include, but not be limited to, | ||||||
5 | representatives from the following agencies and organizations: | ||||||
6 | (a) at least 4 adult day service representatives; | ||||||
7 | (b) at least 4 case coordination unit representatives; | ||||||
8 | (c) at least 4 representatives from in-home direct care | ||||||
9 | service agencies; | ||||||
10 | (d) at least 2 representatives of statewide trade or | ||||||
11 | labor unions that represent in-home direct care service | ||||||
12 | staff;
| ||||||
13 | (e) at least 2 representatives of Area Agencies on | ||||||
14 | Aging; | ||||||
15 | (f) at least 2 non-provider representatives from a | ||||||
16 | policy, advocacy, research, or other service organization; | ||||||
17 | (g) at least 2 representatives from a statewide | ||||||
18 | membership organization for senior citizens; and | ||||||
19 | (h) at least 2 citizen members 60 years of age or | ||||||
20 | older. | ||||||
21 | Nominations may be presented from any agency or State | ||||||
22 | association with interest in the program. The Director, or his | ||||||
23 | or her designee, shall serve as the permanent co-chair of the | ||||||
24 | advisory committee. One other co-chair shall be nominated and | ||||||
25 | approved by the members of the committee on an annual basis. | ||||||
26 | Committee members' terms of appointment shall be for 4 years |
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1 | with one-quarter of the appointees' terms expiring each year. | ||||||
2 | At no time may a member serve more than one consecutive term in | ||||||
3 | any capacity on the committee. The Department shall fill | ||||||
4 | vacancies that have a remaining term of over one year, and this | ||||||
5 | replacement shall occur through the annual replacement of | ||||||
6 | expiring terms. The Director shall designate Department staff | ||||||
7 | to provide technical assistance and staff support to the | ||||||
8 | committee. Department representation shall not constitute | ||||||
9 | membership of the committee. All Committee papers, issues, | ||||||
10 | recommendations, reports, and meeting memoranda are advisory | ||||||
11 | only. The Director, or his or her designee, shall make a | ||||||
12 | written report, as requested by the Committee, regarding issues | ||||||
13 | before the Committee.
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14 | The Department on Aging and the Department of Human | ||||||
15 | Services
shall cooperate in the development and submission of | ||||||
16 | an annual report on
programs and services provided under this | ||||||
17 | Section. Such joint report
shall be filed with the Governor and | ||||||
18 | the General Assembly on or before
September 30 each year.
| ||||||
19 | The requirement for reporting to the General Assembly shall | ||||||
20 | be satisfied
by filing copies of the report with the Speaker, | ||||||
21 | the Minority Leader and
the Clerk of the House of | ||||||
22 | Representatives and the President, the Minority
Leader and the | ||||||
23 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
24 | required by Section 3.1 of the General Assembly Organization | ||||||
25 | Act and
filing such additional copies with the State Government | ||||||
26 | Report Distribution
Center for the General Assembly as is |
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1 | required under paragraph (t) of
Section 7 of the State Library | ||||||
2 | Act.
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3 | Those persons previously found eligible for receiving | ||||||
4 | non-institutional
services whose services were discontinued | ||||||
5 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
6 | not meet the eligibility standards in effect
on or after July | ||||||
7 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
8 | Those persons previously not required to cost-share and who | ||||||
9 | were
required to cost-share effective March 1, 1992, shall | ||||||
10 | continue to meet
cost-share requirements on and after July 1, | ||||||
11 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
12 | meet
eligibility, cost-share, and other requirements and will | ||||||
13 | have services
discontinued or altered when they fail to meet | ||||||
14 | these requirements.
| ||||||
15 | (Source: P.A. 93-85, eff. 1-1-04; 93-902, eff. 8-10-04; 94-48, | ||||||
16 | eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, eff. 7-26-05; | ||||||
17 | 94-954, eff. 6-27-06.)
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