Rep. Julie Hamos
Filed: 4/15/2008
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1 | AMENDMENT TO HOUSE BILL 5703
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2 | AMENDMENT NO. ______. Amend House Bill 5703 on page 1, | ||||||
3 | after line 3, inserting the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Sections 4.02 and 4.12 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | (Text of Section before amendment by P.A. 95-565 ) | ||||||
8 | Sec. 4.02. The Department shall establish a program of | ||||||
9 | services to
prevent unnecessary institutionalization of | ||||||
10 | persons age 60 and older in
need of long term care or who are | ||||||
11 | established as persons who suffer from
Alzheimer's disease or a | ||||||
12 | related disorder under the Alzheimer's Disease
Assistance Act, | ||||||
13 | thereby enabling them
to remain in their own homes or in other | ||||||
14 | living arrangements. Such
preventive services, which may be | ||||||
15 | coordinated with other programs for the
aged and monitored by | ||||||
16 | area agencies on aging in cooperation with the
Department, may |
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1 | include, but are not limited to, any or all of the following:
| ||||||
2 | (a) home health services;
| ||||||
3 | (b) home nursing services;
| ||||||
4 | (c) home care aide services;
| ||||||
5 | (d) chore and housekeeping services;
| ||||||
6 | (e) adult day services;
| ||||||
7 | (f) home-delivered meals;
| ||||||
8 | (g) education in self-care;
| ||||||
9 | (h) personal care services;
| ||||||
10 | (i) adult day health services;
| ||||||
11 | (j) habilitation services;
| ||||||
12 | (k) respite care;
| ||||||
13 | (k-5) community reintegration services;
| ||||||
14 | (l) other nonmedical social services that may enable | ||||||
15 | the person
to become self-supporting; or
| ||||||
16 | (m) clearinghouse for information provided by senior | ||||||
17 | citizen home owners
who want to rent rooms to or share | ||||||
18 | living space with other senior citizens.
| ||||||
19 | The Department shall establish eligibility standards for | ||||||
20 | such
services taking into consideration the unique economic and | ||||||
21 | social needs
of the target population for whom they are to be | ||||||
22 | provided. Such eligibility
standards shall be based on the | ||||||
23 | recipient's ability to pay for services;
provided, however, | ||||||
24 | that in determining the amount and nature of services
for which | ||||||
25 | a person may qualify, consideration shall not be given to the
| ||||||
26 | value of cash, property or other assets held in the name of the |
| |||||||
| |||||||
1 | person's
spouse pursuant to a written agreement dividing | ||||||
2 | marital property into equal
but separate shares or pursuant to | ||||||
3 | a transfer of the person's interest in a
home to his spouse, | ||||||
4 | provided that the spouse's share of the marital
property is not | ||||||
5 | made available to the person seeking such services.
| ||||||
6 | Beginning July 1, 2002, the Department shall require as a | ||||||
7 | condition of
eligibility that all financially eligible | ||||||
8 | applicants and recipients apply
for medical assistance
under | ||||||
9 | Article V of the Illinois Public Aid Code in accordance with | ||||||
10 | rules
promulgated by the Department.
| ||||||
11 | The Department shall, in conjunction with the Department of | ||||||
12 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
13 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
14 | Social
Security Act. The purpose of the amendments shall be to | ||||||
15 | extend eligibility
for home and community based services under | ||||||
16 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
17 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
18 | income and resources allowed under Section 1924 of
the Social | ||||||
19 | Security Act. Subject to the approval of such amendments, the
| ||||||
20 | Department shall extend the provisions of Section 5-4 of the | ||||||
21 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
22 | of home or
community-based services, would require the level of | ||||||
23 | care provided in an
institution, as is provided for in federal | ||||||
24 | law. Those persons no longer
found to be eligible for receiving | ||||||
25 | noninstitutional services due to changes
in the eligibility | ||||||
26 | criteria shall be given 60 days notice prior to actual
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| |||||||
1 | termination. Those persons receiving notice of termination may | ||||||
2 | contact the
Department and request the determination be | ||||||
3 | appealed at any time during the
60 day notice period. With the | ||||||
4 | exception of the lengthened notice and time
frame for the | ||||||
5 | appeal request, the appeal process shall follow the normal
| ||||||
6 | procedure. In addition, each person affected regardless of the
| ||||||
7 | circumstances for discontinued eligibility shall be given | ||||||
8 | notice and the
opportunity to purchase the necessary services | ||||||
9 | through the Community Care
Program. If the individual does not | ||||||
10 | elect to purchase services, the
Department shall advise the | ||||||
11 | individual of alternative services. The target
population | ||||||
12 | identified for the purposes of this Section are persons age 60
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13 | and older with an identified service need. Priority shall be | ||||||
14 | 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
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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, Healthcare and Family | ||||||
25 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
26 | Economic Opportunity and
other appropriate agencies of State, |
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1 | federal and local governments shall
cooperate with the | ||||||
2 | Department on Aging in the establishment and development
of the | ||||||
3 | non-institutional services. The Department shall require an | ||||||
4 | annual
audit from all chore/housekeeping and home care aide | ||||||
5 | vendors contracting with
the Department under this Section. The | ||||||
6 | annual audit shall assure that each
audited vendor's procedures | ||||||
7 | are in compliance with Department's financial
reporting | ||||||
8 | guidelines requiring an administrative and employee wage and | ||||||
9 | benefits cost split as defined in administrative rules. The | ||||||
10 | audit is a public record under
the Freedom of Information Act. | ||||||
11 | The Department shall execute, relative to
the nursing home | ||||||
12 | prescreening project, written inter-agency
agreements with the | ||||||
13 | Department of Human Services and the Department
of Healthcare | ||||||
14 | and Family Services, to effect the following: (1) intake | ||||||
15 | procedures and common
eligibility criteria for those persons | ||||||
16 | who are receiving non-institutional
services; and (2) the | ||||||
17 | establishment and development of non-institutional
services in | ||||||
18 | areas of the State where they are not currently available or | ||||||
19 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
20 | prescreenings for
individuals 60 years of age or older shall be | ||||||
21 | conducted by the Department.
| ||||||
22 | As part of the Department on Aging's routine training of | ||||||
23 | care coordinators and care coordinator supervisors case | ||||||
24 | managers and case manager supervisors , the Department may | ||||||
25 | include information on family futures planning for persons who | ||||||
26 | are age 60 or older and who are caregivers of their adult |
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| |||||||
1 | children with developmental disabilities. The content of the | ||||||
2 | training shall be at the Department's discretion. | ||||||
3 | No later than July 1, 2008, the Department's case | ||||||
4 | management program shall be transitioned to a fully integrated | ||||||
5 | care coordination program. The care coordination program shall | ||||||
6 | incorporate the concepts of client direction and consumer focus | ||||||
7 | and shall take into account the client's needs and preferences. | ||||||
8 | Comprehensive care coordination shall include activities such | ||||||
9 | as: (1) comprehensive assessment of the client; (2) development | ||||||
10 | and implementation of a service plan with the client to | ||||||
11 | mobilize the formal and family resources and services | ||||||
12 | identified in the assessment to meet the needs of the client, | ||||||
13 | including coordination of the resources and services with (A) | ||||||
14 | any other plans that exist for various formal services, such as | ||||||
15 | hospital discharge plans, and (B) the information and | ||||||
16 | assistance services; (3) coordination and monitoring of formal | ||||||
17 | and family service delivery, regardless of the funding source, | ||||||
18 | including coordination and monitoring to ensure that services | ||||||
19 | specified in the plan are being provided; (4) assistance with | ||||||
20 | the completion of applications for services, referrals to | ||||||
21 | non-government funded services, health promotion, and ensuring | ||||||
22 | continuity of care across care settings; (5) periodic | ||||||
23 | reassessment and revision of the status of the client with the | ||||||
24 | client or, if necessary, the client's designated | ||||||
25 | representative; and (6) in accordance with the wishes of the | ||||||
26 | client, advocacy on behalf of the client for needed services or |
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1 | resources. | ||||||
2 | A comprehensive assessment shall be performed, using a | ||||||
3 | holistic tool identified by the Department and supported by an | ||||||
4 | electronic intake assessment and care planning system linked to | ||||||
5 | a central location. The comprehensive assessment process shall | ||||||
6 | include a face to face interview in the client's home or | ||||||
7 | temporary overnight abode and shall determine the level of | ||||||
8 | physical, functional, cognitive, psycho-social, financial, and | ||||||
9 | social needs of the client. Assessment interviews shall | ||||||
10 | accommodate the scheduling needs of the client and the client's | ||||||
11 | representative or representatives, who shall participate at | ||||||
12 | the discretion of the client. The Department shall provide | ||||||
13 | guidelines for determining the conditions under which a | ||||||
14 | comprehensive assessment shall be performed and the activities | ||||||
15 | of care coordination offered to each care recipient. The care | ||||||
16 | plan shall include the needs identified by the assessment and | ||||||
17 | incorporate the goals and preferences of the client. Care plans | ||||||
18 | shall also include all services needed by the client regardless | ||||||
19 | of the funding source and delineate between services provided, | ||||||
20 | services unavailable, and services refused by the client. Case | ||||||
21 | coordination units shall be reimbursed for care coordination in | ||||||
22 | a just and equitable manner reflective of the actual cost of | ||||||
23 | providing care coordination. By July 1, 2009, the Department | ||||||
24 | shall develop a rate structure, in collaboration with case | ||||||
25 | coordination units and advocates for care recipients, that | ||||||
26 | reflects the activities of coordination provided. The |
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| |||||||
1 | Department shall reevaluate the rate structure every other year | ||||||
2 | thereafter. | ||||||
3 | The Department is authorized to establish a system of | ||||||
4 | recipient copayment
for services provided under this Section, | ||||||
5 | such copayment to be based upon
the recipient's ability to pay | ||||||
6 | but in no case to exceed the actual cost of
the services | ||||||
7 | provided. Additionally, any portion of a person's income which
| ||||||
8 | is equal to or less than the federal poverty standard shall not | ||||||
9 | be
considered by the Department in determining the copayment. | ||||||
10 | The level of
such copayment shall be adjusted whenever | ||||||
11 | necessary to reflect any change
in the officially designated | ||||||
12 | federal poverty standard.
| ||||||
13 | The Department, or the Department's authorized | ||||||
14 | representative, shall
recover the amount of moneys expended for | ||||||
15 | services provided to or in
behalf of a person under this | ||||||
16 | Section by a claim against the person's
estate or against the | ||||||
17 | estate of the person's surviving spouse, but no
recovery may be | ||||||
18 | had until after the death of the surviving spouse, if
any, and | ||||||
19 | then only at such time when there is no surviving child who
is | ||||||
20 | under age 21, blind, or permanently and totally disabled. This
| ||||||
21 | paragraph, however, shall not bar recovery, at the death of the | ||||||
22 | person, of
moneys for services provided to the person or in | ||||||
23 | behalf of the person under
this Section to which the person was | ||||||
24 | not entitled;
provided that such recovery shall not be enforced | ||||||
25 | against any real estate while
it is occupied as a homestead by | ||||||
26 | the surviving spouse or other dependent, if no
claims by other |
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| |||||||
1 | creditors have been filed against the estate, or, if such
| ||||||
2 | claims have been filed, they remain dormant for failure of | ||||||
3 | prosecution or
failure of the claimant to compel administration | ||||||
4 | of the estate for the purpose
of payment. This paragraph shall | ||||||
5 | not bar recovery from the estate of a spouse,
under Sections | ||||||
6 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
7 | Illinois Public Aid Code, who precedes a person receiving | ||||||
8 | services under this
Section in death. All moneys for services
| ||||||
9 | paid to or in behalf of the person under this Section shall be | ||||||
10 | claimed for
recovery from the deceased spouse's estate. | ||||||
11 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
12 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
13 | or relative, as defined by the rules and regulations of the | ||||||
14 | Department of Healthcare and Family Services, regardless of the | ||||||
15 | value of the property.
| ||||||
16 | The Department shall develop procedures to enhance | ||||||
17 | availability of
services on evenings, weekends, and on an | ||||||
18 | emergency basis to meet the
respite needs of caregivers. | ||||||
19 | Procedures shall be developed to permit the
utilization of | ||||||
20 | services in successive blocks of 24 hours up to the monthly
| ||||||
21 | maximum established by the Department. Workers providing these | ||||||
22 | services
shall be appropriately trained.
| ||||||
23 | Beginning on the effective date of this Amendatory Act of | ||||||
24 | 1991, no person
may perform chore/housekeeping and home care | ||||||
25 | aide services under a program
authorized by this Section unless | ||||||
26 | that person has been issued a certificate
of pre-service to do |
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| |||||||
1 | so by his or her employing agency. Information
gathered to | ||||||
2 | effect such certification shall include (i) the person's name,
| ||||||
3 | (ii) the date the person was hired by his or her current | ||||||
4 | employer, and
(iii) the training, including dates and levels. | ||||||
5 | Persons engaged in the
program authorized by this Section | ||||||
6 | before the effective date of this
amendatory Act of 1991 shall | ||||||
7 | be issued a certificate of all pre- and
in-service training | ||||||
8 | from his or her employer upon submitting the necessary
| ||||||
9 | information. The employing agency shall be required to retain | ||||||
10 | records of
all staff pre- and in-service training, and shall | ||||||
11 | provide such records to
the Department upon request and upon | ||||||
12 | termination of the employer's contract
with the Department. In | ||||||
13 | addition, the employing agency is responsible for
the issuance | ||||||
14 | of certifications of in-service training completed to their
| ||||||
15 | employees.
| ||||||
16 | The Department is required to develop a system to ensure | ||||||
17 | that persons
working as home care aides and chore housekeepers | ||||||
18 | receive increases in their
wages when the federal minimum wage | ||||||
19 | is increased by requiring vendors to
certify that they are | ||||||
20 | meeting the federal minimum wage statute for home care aides
| ||||||
21 | and chore housekeepers. An employer that cannot ensure that the | ||||||
22 | minimum
wage increase is being given to home care aides and | ||||||
23 | chore housekeepers
shall be denied any increase in | ||||||
24 | reimbursement costs.
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25 | The Community Care Program Advisory Committee is created in | ||||||
26 | the Department on Aging. The Director shall appoint individuals |
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| |||||||
1 | to serve in the Committee, who shall serve at their own | ||||||
2 | expense. Members of the Committee must abide by all applicable | ||||||
3 | ethics laws. The Committee shall advise the Department on | ||||||
4 | issues related to the Department's program of services to | ||||||
5 | prevent unnecessary institutionalization. The Committee shall | ||||||
6 | meet on a bi-monthly basis and shall serve to identify and | ||||||
7 | advise the Department on present and potential issues affecting | ||||||
8 | the service delivery network, the program's clients, and the | ||||||
9 | Department and to recommend solution strategies. Persons | ||||||
10 | appointed to the Committee shall be appointed on, but not | ||||||
11 | limited to, their own and their agency's experience with the | ||||||
12 | program, geographic representation, and willingness to serve. | ||||||
13 | The Director shall appoint members to the Committee to | ||||||
14 | represent provider, advocacy, policy research, and other | ||||||
15 | constituencies committed to the delivery of high quality home | ||||||
16 | and community-based services to older adults. Representatives | ||||||
17 | shall be appointed to ensure representation from community care | ||||||
18 | providers including, but not limited to, adult day service | ||||||
19 | providers, homemaker providers, case coordination and case | ||||||
20 | management units, emergency home response providers, statewide | ||||||
21 | trade or labor unions that represent home care
homecare aides | ||||||
22 | and direct care staff, area agencies on aging, adults over age | ||||||
23 | 60, membership organizations representing older adults, and | ||||||
24 | other organizational entities, providers of care, or | ||||||
25 | individuals with demonstrated interest and expertise in the | ||||||
26 | field of home and community care as determined by the Director. |
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| |||||||
1 | Nominations may be presented from any agency or State | ||||||
2 | association with interest in the program. The Director, or his | ||||||
3 | or her designee, shall serve as the permanent co-chair of the | ||||||
4 | advisory committee. One other co-chair shall be nominated and | ||||||
5 | approved by the members of the committee on an annual basis. | ||||||
6 | Committee members' terms of appointment shall be for 4 years | ||||||
7 | with one-quarter of the appointees' terms expiring each year. A | ||||||
8 | member shall continue to serve until his or her replacement is | ||||||
9 | named. The Department shall fill vacancies that have a | ||||||
10 | remaining term of over one year, and this replacement shall | ||||||
11 | occur through the annual replacement of expiring terms. The | ||||||
12 | Director shall designate Department staff to provide technical | ||||||
13 | assistance and staff support to the committee. Department | ||||||
14 | representation shall not constitute membership of the | ||||||
15 | committee. All Committee papers, issues, recommendations, | ||||||
16 | reports, and meeting memoranda are advisory only. The Director, | ||||||
17 | or his or her designee, shall make a written report, as | ||||||
18 | requested by the Committee, regarding issues before the | ||||||
19 | Committee.
| ||||||
20 | The Department on Aging and the Department of Human | ||||||
21 | Services
shall cooperate in the development and submission of | ||||||
22 | an annual report on
programs and services provided under this | ||||||
23 | Section. Such joint report
shall be filed with the Governor and | ||||||
24 | the General Assembly on or before
September 30 each year.
| ||||||
25 | The requirement for reporting to the General Assembly shall | ||||||
26 | be satisfied
by filing copies of the report with the Speaker, |
| |||||||
| |||||||
1 | the Minority Leader and
the Clerk of the House of | ||||||
2 | Representatives and the President, the Minority
Leader and the | ||||||
3 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
4 | required by Section 3.1 of the General Assembly Organization | ||||||
5 | Act and
filing such additional copies with the State Government | ||||||
6 | Report Distribution
Center for the General Assembly as is | ||||||
7 | required under paragraph (t) of
Section 7 of the State Library | ||||||
8 | Act.
| ||||||
9 | Those persons previously found eligible for receiving | ||||||
10 | non-institutional
services whose services were discontinued | ||||||
11 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
12 | not meet the eligibility standards in effect
on or after July | ||||||
13 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
14 | Those persons previously not required to cost-share and who | ||||||
15 | were
required to cost-share effective March 1, 1992, shall | ||||||
16 | continue to meet
cost-share requirements on and after July 1, | ||||||
17 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
18 | meet
eligibility, cost-share, and other requirements and will | ||||||
19 | have services
discontinued or altered when they fail to meet | ||||||
20 | these requirements.
| ||||||
21 | (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | ||||||
22 | eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | ||||||
23 | 95-473, eff. 8-27-07; revised 10-30-07.)
| ||||||
24 | (Text of Section after amendment by P.A. 95-565 ) | ||||||
25 | Sec. 4.02. Community Care Program. The Department shall |
| |||||||
| |||||||
1 | establish a program of services to
prevent unnecessary | ||||||
2 | institutionalization of persons age 60 and older in
need of | ||||||
3 | long term care or who are established as persons who suffer | ||||||
4 | from
Alzheimer's disease or a related disorder under the | ||||||
5 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
6 | remain in their own homes or in other living arrangements. Such
| ||||||
7 | preventive services, which may be coordinated with other | ||||||
8 | programs for the
aged and monitored by area agencies on aging | ||||||
9 | in cooperation with the
Department, may include, but are not | ||||||
10 | limited to, any or all of the following:
| ||||||
11 | (a) (blank);
| ||||||
12 | (b) (blank);
| ||||||
13 | (c) home care aide services;
| ||||||
14 | (d) personal assistant services;
| ||||||
15 | (e) adult day services;
| ||||||
16 | (f) home-delivered meals;
| ||||||
17 | (g) education in self-care;
| ||||||
18 | (h) personal care services;
| ||||||
19 | (i) adult day health services;
| ||||||
20 | (j) habilitation services;
| ||||||
21 | (k) respite care;
| ||||||
22 | (k-5) community reintegration services;
| ||||||
23 | (k-6) flexible senior services; | ||||||
24 | (k-7) medication management; | ||||||
25 | (k-8) emergency home response;
| ||||||
26 | (l) other nonmedical social services that may enable |
| |||||||
| |||||||
1 | the person
to become self-supporting; or
| ||||||
2 | (m) clearinghouse for information provided by senior | ||||||
3 | citizen home owners
who want to rent rooms to or share | ||||||
4 | living space with other senior citizens.
| ||||||
5 | The Department shall establish eligibility standards for | ||||||
6 | such
services taking into consideration the unique economic and | ||||||
7 | social needs
of the target population for whom they are to be | ||||||
8 | provided. Such eligibility
standards shall be based on the | ||||||
9 | recipient's ability to pay for services;
provided, however, | ||||||
10 | that in determining the amount and nature of services
for which | ||||||
11 | a person may qualify, consideration shall not be given to the
| ||||||
12 | value of cash, property or other assets held in the name of the | ||||||
13 | person's
spouse pursuant to a written agreement dividing | ||||||
14 | marital property into equal
but separate shares or pursuant to | ||||||
15 | a transfer of the person's interest in a
home to his spouse, | ||||||
16 | provided that the spouse's share of the marital
property is not | ||||||
17 | made available to the person seeking such services.
| ||||||
18 | Beginning July 1, 2002, the Department shall require as a | ||||||
19 | condition of
eligibility that all financially eligible | ||||||
20 | applicants apply
for medical assistance
under Article V of the | ||||||
21 | Illinois Public Aid Code in accordance with rules
promulgated | ||||||
22 | by the Department.
| ||||||
23 | Beginning January 1, 2008, the Department shall require as | ||||||
24 | a condition of eligibility that all new financially eligible | ||||||
25 | applicants apply for and enroll in medical assistance under | ||||||
26 | Article V of the Illinois Public Aid Code in accordance with |
| |||||||
| |||||||
1 | rules promulgated by the Department.
| ||||||
2 | The Department shall, in conjunction with the Department of | ||||||
3 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
4 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
5 | Social
Security Act. The purpose of the amendments shall be to | ||||||
6 | extend eligibility
for home and community based services under | ||||||
7 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
8 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
9 | income and resources allowed under Section 1924 of
the Social | ||||||
10 | Security Act. Subject to the approval of such amendments, the
| ||||||
11 | Department shall extend the provisions of Section 5-4 of the | ||||||
12 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
13 | of home or
community-based services, would require the level of | ||||||
14 | care provided in an
institution, as is provided for in federal | ||||||
15 | law. Those persons no longer
found to be eligible for receiving | ||||||
16 | noninstitutional services due to changes
in the eligibility | ||||||
17 | criteria shall be given 60 days notice prior to actual
| ||||||
18 | termination. Those persons receiving notice of termination may | ||||||
19 | contact the
Department and request the determination be | ||||||
20 | appealed at any time during the
60 day notice period. With the | ||||||
21 | exception of the lengthened notice and time
frame for the | ||||||
22 | appeal request, the appeal process shall follow the normal
| ||||||
23 | procedure. In addition, each person affected regardless of the
| ||||||
24 | circumstances for discontinued eligibility shall be given | ||||||
25 | notice and the
opportunity to purchase the necessary services | ||||||
26 | through the Community Care
Program. If the individual does not |
| |||||||
| |||||||
1 | elect to purchase services, the
Department shall advise the | ||||||
2 | individual of alternative services. The target
population | ||||||
3 | identified for the purposes of this Section are persons age 60
| ||||||
4 | and older with an identified service need. Priority shall be | ||||||
5 | given to those
who are at imminent risk of | ||||||
6 | institutionalization. The services shall be
provided to | ||||||
7 | eligible persons age 60 and older to the extent that the cost
| ||||||
8 | of the services together with the other personal maintenance
| ||||||
9 | expenses of the persons are reasonably related to the standards
| ||||||
10 | established for care in a group facility appropriate to the | ||||||
11 | person's
condition. These non-institutional services, pilot | ||||||
12 | projects or
experimental facilities may be provided as part of | ||||||
13 | or in addition to
those authorized by federal law or those | ||||||
14 | funded and administered by the
Department of Human Services. | ||||||
15 | The Departments of Human Services, Healthcare and Family | ||||||
16 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
17 | Economic Opportunity and
other appropriate agencies of State, | ||||||
18 | federal and local governments shall
cooperate with the | ||||||
19 | Department on Aging in the establishment and development
of the | ||||||
20 | non-institutional services. The Department shall require an | ||||||
21 | annual
audit from all personal assistant
chore/housekeeping | ||||||
22 | and home care aide vendors contracting with
the Department | ||||||
23 | under this Section. The annual audit shall assure that each
| ||||||
24 | audited vendor's procedures are in compliance with | ||||||
25 | Department's financial
reporting guidelines requiring an | ||||||
26 | administrative and employee wage and benefits cost split as |
| |||||||
| |||||||
1 | defined in administrative rules. The audit is a public record | ||||||
2 | under
the Freedom of Information Act. The Department shall | ||||||
3 | execute, relative to
the nursing home prescreening project, | ||||||
4 | written inter-agency
agreements with the Department of Human | ||||||
5 | Services and the Department
of Healthcare and Family Services, | ||||||
6 | to effect the following: (1) intake procedures and common
| ||||||
7 | 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.
| ||||||
14 | As part of the Department on Aging's routine training of | ||||||
15 | care coordinators and care coordinator supervisors case | ||||||
16 | managers and case manager supervisors , the Department may | ||||||
17 | include information on family futures planning for persons who | ||||||
18 | are age 60 or older and who are caregivers of their adult | ||||||
19 | children with developmental disabilities. The content of the | ||||||
20 | training shall be at the Department's discretion. | ||||||
21 | No later than July 1, 2008, the Department's case | ||||||
22 | management program shall be transitioned to a fully integrated | ||||||
23 | care coordination program. The care coordination program shall | ||||||
24 | incorporate the concepts of client direction and consumer focus | ||||||
25 | and shall take into account the client's needs and preferences. | ||||||
26 | Comprehensive care coordination shall include activities such |
| |||||||
| |||||||
1 | as: (1) comprehensive assessment of the client; (2) development | ||||||
2 | and implementation of a service plan with the client to | ||||||
3 | mobilize the formal and family resources and services | ||||||
4 | identified in the assessment to meet the needs of the client, | ||||||
5 | including coordination of the resources and services with (A) | ||||||
6 | any other plans that exist for various formal services, such as | ||||||
7 | hospital discharge plans, and (B) the information and | ||||||
8 | assistance services; (3) coordination and monitoring of formal | ||||||
9 | and family service delivery, regardless of the funding source, | ||||||
10 | including coordination and monitoring to ensure that services | ||||||
11 | specified in the plan are being provided; (4) assistance with | ||||||
12 | the completion of applications for services, referrals to | ||||||
13 | non-government funded services, health promotion, and ensuring | ||||||
14 | continuity of care across care settings; (5) periodic | ||||||
15 | reassessment and revision of the status of the client with the | ||||||
16 | client or, if necessary, the client's designated | ||||||
17 | representative; and (6) in accordance with the wishes of the | ||||||
18 | client, advocacy on behalf of the client for needed services or | ||||||
19 | resources. | ||||||
20 | A comprehensive assessment shall be performed, using a | ||||||
21 | holistic tool identified by the Department and supported by an | ||||||
22 | electronic intake assessment and care planning system linked to | ||||||
23 | a central location. The comprehensive assessment process shall | ||||||
24 | include a face to face interview in the client's home or | ||||||
25 | temporary overnight abode and shall determine the level of | ||||||
26 | physical, functional, cognitive, psycho-social, financial, and |
| |||||||
| |||||||
1 | social needs of the client. Assessment interviews shall | ||||||
2 | accommodate the scheduling needs of the client and the client's | ||||||
3 | representative or representatives, who shall participate at | ||||||
4 | the discretion of the client. The Department shall provide | ||||||
5 | guidelines for determining the conditions under which a | ||||||
6 | comprehensive assessment shall be performed and the activities | ||||||
7 | of care coordination offered to each care recipient. The care | ||||||
8 | plan shall include the needs identified by the assessment and | ||||||
9 | incorporate the goals and preferences of the client. Care plans | ||||||
10 | shall also include all services needed by the client regardless | ||||||
11 | of the funding source and delineate between services provided, | ||||||
12 | services unavailable, and services refused by the client. Case | ||||||
13 | coordination units shall be reimbursed for care coordination in | ||||||
14 | a just and equitable manner reflective of the actual cost of | ||||||
15 | providing care coordination. By July 1, 2009, the Department | ||||||
16 | shall develop a rate structure, in collaboration with case | ||||||
17 | coordination units and advocates for care recipients, that | ||||||
18 | reflects the activities of coordination provided. The | ||||||
19 | Department shall reevaluate the rate structure every other year | ||||||
20 | thereafter. | ||||||
21 | The Department is authorized to establish a system of | ||||||
22 | recipient copayment
for services provided under this Section, | ||||||
23 | such copayment to be based upon
the recipient's ability to pay | ||||||
24 | but in no case to exceed the actual cost of
the services | ||||||
25 | provided. Additionally, any portion of a person's income which
| ||||||
26 | is equal to or less than the federal poverty standard shall not |
| |||||||
| |||||||
1 | be
considered by the Department in determining the copayment. | ||||||
2 | The level of
such copayment shall be adjusted whenever | ||||||
3 | necessary to reflect any change
in the officially designated | ||||||
4 | federal poverty standard.
| ||||||
5 | The Department, or the Department's authorized | ||||||
6 | representative, shall
recover the amount of moneys expended for | ||||||
7 | services provided to or in
behalf of a person under this | ||||||
8 | Section by a claim against the person's
estate or against the | ||||||
9 | estate of the person's surviving spouse, but no
recovery may be | ||||||
10 | had until after the death of the surviving spouse, if
any, and | ||||||
11 | then only at such time when there is no surviving child who
is | ||||||
12 | under age 21, blind, or permanently and totally disabled. This
| ||||||
13 | paragraph, however, shall not bar recovery, at the death of the | ||||||
14 | person, of
moneys for services provided to the person or in | ||||||
15 | behalf of the person under
this Section to which the person was | ||||||
16 | not entitled;
provided that such recovery shall not be enforced | ||||||
17 | against any real estate while
it is occupied as a homestead by | ||||||
18 | the surviving spouse or other dependent, if no
claims by other | ||||||
19 | creditors have been filed against the estate, or, if such
| ||||||
20 | claims have been filed, they remain dormant for failure of | ||||||
21 | prosecution or
failure of the claimant to compel administration | ||||||
22 | of the estate for the purpose
of payment. This paragraph shall | ||||||
23 | not bar recovery from the estate of a spouse,
under Sections | ||||||
24 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
25 | Illinois Public Aid Code, who precedes a person receiving | ||||||
26 | services under this
Section in death. All moneys for services
|
| |||||||
| |||||||
1 | paid to or in behalf of the person under this Section shall be | ||||||
2 | claimed for
recovery from the deceased spouse's estate. | ||||||
3 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
4 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
5 | or relative, as defined by the rules and regulations of the | ||||||
6 | Department of Healthcare and Family Services, regardless of the | ||||||
7 | value of the property.
| ||||||
8 | The Department shall increase the effectiveness of the | ||||||
9 | existing Community Care Program by: | ||||||
10 | (1) ensuring that in-home services included in the care | ||||||
11 | plan are available on evenings and weekends; | ||||||
12 | (2) ensuring that care plans contain the services that | ||||||
13 | eligible participants
participants' need based on the | ||||||
14 | number of days in a month, not limited to specific blocks | ||||||
15 | of time, as identified by the comprehensive assessment tool | ||||||
16 | selected by the Department for use statewide, not to exceed | ||||||
17 | the total monthly service cost maximum allowed for each | ||||||
18 | service ; the . The Department shall develop administrative | ||||||
19 | rules to implement this item (2); | ||||||
20 | (3) ensuring that the participants have the right to | ||||||
21 | choose the services contained in their care plan and to | ||||||
22 | direct how those services are provided, based on | ||||||
23 | administrative rules established by the Department; | ||||||
24 | (4) ensuring that the determination of need tool is | ||||||
25 | accurate in determining the participants' level of need; to | ||||||
26 | achieve this, the Department, in conjunction with the Older |
| |||||||
| |||||||
1 | Adult Services Advisory Committee, shall institute a study | ||||||
2 | of the relationship between the Determination of Need | ||||||
3 | scores, level of need, service cost maximums , and the | ||||||
4 | development and utilization of service plans no later than | ||||||
5 | May 1, 2008; findings and recommendations shall be | ||||||
6 | presented to the Governor and the General Assembly no later | ||||||
7 | than January 1, 2009; recommendations shall include all | ||||||
8 | needed changes to the service cost maximums schedule and | ||||||
9 | additional covered services; | ||||||
10 | (5) ensuring that homemakers can provide personal care | ||||||
11 | services that may or may not involve contact with clients, | ||||||
12 | including but not limited to: | ||||||
13 | (A) bathing; | ||||||
14 | (B) grooming; | ||||||
15 | (C) toileting; | ||||||
16 | (D) nail care; | ||||||
17 | (E) transferring; | ||||||
18 | (F) respiratory services; | ||||||
19 | (G) exercise; or | ||||||
20 | (H) positioning; | ||||||
21 | (6) ensuring that homemaker program vendors are not | ||||||
22 | restricted from hiring homemakers who are family members of | ||||||
23 | clients or recommended by clients; the Department may not, | ||||||
24 | by rule or policy, require homemakers who are family | ||||||
25 | members of clients or recommended by clients to accept | ||||||
26 | assignments in homes other than the client; and |
| |||||||
| |||||||
1 | (7) ensuring that the State may access maximum federal | ||||||
2 | matching funds by seeking approval for the Centers for | ||||||
3 | Medicare and Medicaid Services for modifications to the | ||||||
4 | State's home and community based services waiver and | ||||||
5 | additional waiver opportunities in order to maximize | ||||||
6 | federal matching funds; this shall include, but not be | ||||||
7 | limited to, modification that reflects all changes in the | ||||||
8 | Community Care Program services and all increases in the | ||||||
9 | services cost maximum. | ||||||
10 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
11 | Counseling Demonstration Project as is practicable, the | ||||||
12 | Department may, based on its evaluation of the demonstration | ||||||
13 | project, promulgate rules concerning personal assistant | ||||||
14 | services , to include, but need not be limited to, | ||||||
15 | qualifications, employment screening, rights under fair labor | ||||||
16 | standards, training, fiduciary agent, and supervision | ||||||
17 | requirements. All applicants shall be subject to the provisions | ||||||
18 | of the Health Care Worker Background Check Act.
| ||||||
19 | The Department shall develop procedures to enhance | ||||||
20 | availability of
services on evenings, weekends, and on an | ||||||
21 | emergency basis to meet the
respite needs of caregivers. | ||||||
22 | Procedures shall be developed to permit the
utilization of | ||||||
23 | services in successive blocks of 24 hours up to the monthly
| ||||||
24 | maximum established by the Department. Workers providing these | ||||||
25 | services
shall be appropriately trained.
| ||||||
26 | Beginning on the effective date of this Amendatory Act of |
| |||||||
| |||||||
1 | 1991, no person
may perform chore/housekeeping and home care | ||||||
2 | aide services under a program
authorized by this Section unless | ||||||
3 | that person has been issued a certificate
of pre-service to do | ||||||
4 | so by his or her employing agency. Information
gathered to | ||||||
5 | effect such certification shall include (i) the person's name,
| ||||||
6 | (ii) the date the person was hired by his or her current | ||||||
7 | employer, and
(iii) the training, including dates and levels. | ||||||
8 | Persons engaged in the
program authorized by this Section | ||||||
9 | before the effective date of this
amendatory Act of 1991 shall | ||||||
10 | be issued a certificate of all pre- and
in-service training | ||||||
11 | from his or her employer upon submitting the necessary
| ||||||
12 | information. The employing agency shall be required to retain | ||||||
13 | records of
all staff pre- and in-service training, and shall | ||||||
14 | provide such records to
the Department upon request and upon | ||||||
15 | termination of the employer's contract
with the Department. In | ||||||
16 | addition, the employing agency is responsible for
the issuance | ||||||
17 | of certifications of in-service training completed to their
| ||||||
18 | employees.
| ||||||
19 | The Department is required to develop a system to ensure | ||||||
20 | that persons
working as home care aides and personal assistants
| ||||||
21 | chore housekeepers receive increases in their
wages when the | ||||||
22 | federal minimum wage is increased by requiring vendors to
| ||||||
23 | certify that they are meeting the federal minimum wage statute | ||||||
24 | for home care aides
and personal assistants
chore housekeepers . | ||||||
25 | An employer that cannot ensure that the minimum
wage increase | ||||||
26 | is being given to home care aides and personal assistants
chore |
| |||||||
| |||||||
1 | housekeepers
shall be denied any increase in reimbursement | ||||||
2 | costs.
| ||||||
3 | The Community Care Program Advisory Committee is created in | ||||||
4 | the Department on Aging. The Director shall appoint individuals | ||||||
5 | to serve in the Committee, who shall serve at their own | ||||||
6 | expense. Members of the Committee must abide by all applicable | ||||||
7 | ethics laws. The Committee shall advise the Department on | ||||||
8 | issues related to the Department's program of services to | ||||||
9 | prevent unnecessary institutionalization. The Committee shall | ||||||
10 | meet on a bi-monthly basis and shall serve to identify and | ||||||
11 | advise the Department on present and potential issues affecting | ||||||
12 | the service delivery network, the program's clients, and the | ||||||
13 | Department and to recommend solution strategies. Persons | ||||||
14 | appointed to the Committee shall be appointed on, but not | ||||||
15 | limited to, their own and their agency's experience with the | ||||||
16 | program, geographic representation, and willingness to serve. | ||||||
17 | The Director shall appoint members to the Committee to | ||||||
18 | represent provider, advocacy, policy research, and other | ||||||
19 | constituencies committed to the delivery of high quality home | ||||||
20 | and community-based services to older adults. Representatives | ||||||
21 | shall be appointed to ensure representation from community care | ||||||
22 | providers including, but not limited to, adult day service | ||||||
23 | providers, homemaker providers, case coordination and case | ||||||
24 | management units, emergency home response providers, statewide | ||||||
25 | trade or labor unions that represent home care
homecare aides | ||||||
26 | and direct care staff, area agencies on aging, adults over age |
| |||||||
| |||||||
1 | 60, membership organizations representing older adults, and | ||||||
2 | other organizational entities, providers of care, or | ||||||
3 | individuals with demonstrated interest and expertise in the | ||||||
4 | field of home and community care as determined by the Director. | ||||||
5 | Nominations may be presented from any agency or State | ||||||
6 | association with interest in the program. The Director, or his | ||||||
7 | or her designee, shall serve as the permanent co-chair of the | ||||||
8 | advisory committee. One other co-chair shall be nominated and | ||||||
9 | approved by the members of the committee on an annual basis. | ||||||
10 | Committee members' terms of appointment shall be for 4 years | ||||||
11 | with one-quarter of the appointees' terms expiring each year. A | ||||||
12 | member shall continue to serve until his or her replacement is | ||||||
13 | named. The Department shall fill vacancies that have a | ||||||
14 | remaining term of over one year, and this replacement shall | ||||||
15 | occur through the annual replacement of expiring terms. The | ||||||
16 | Director shall designate Department staff to provide technical | ||||||
17 | assistance and staff support to the committee. Department | ||||||
18 | representation shall not constitute membership of the | ||||||
19 | committee. All Committee papers, issues, recommendations, | ||||||
20 | reports, and meeting memoranda are advisory only. The Director, | ||||||
21 | or his or her designee, shall make a written report, as | ||||||
22 | requested by the Committee, regarding issues before the | ||||||
23 | Committee.
| ||||||
24 | The Department on Aging and the Department of Human | ||||||
25 | Services
shall cooperate in the development and submission of | ||||||
26 | an annual report on
programs and services provided under this |
| |||||||
| |||||||
1 | Section. Such joint report
shall be filed with the Governor and | ||||||
2 | the General Assembly on or before
September 30 each year.
| ||||||
3 | The requirement for reporting to the General Assembly shall | ||||||
4 | be satisfied
by filing copies of the report with the Speaker, | ||||||
5 | the Minority Leader and
the Clerk of the House of | ||||||
6 | Representatives and the President, the Minority
Leader and the | ||||||
7 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
8 | required by Section 3.1 of the General Assembly Organization | ||||||
9 | Act and
filing such additional copies with the State Government | ||||||
10 | Report Distribution
Center for the General Assembly as is | ||||||
11 | required under paragraph (t) of
Section 7 of the State Library | ||||||
12 | Act.
| ||||||
13 | Those persons previously found eligible for receiving | ||||||
14 | non-institutional
services whose services were discontinued | ||||||
15 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
16 | not meet the eligibility standards in effect
on or after July | ||||||
17 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
18 | Those persons previously not required to cost-share and who | ||||||
19 | were
required to cost-share effective March 1, 1992, shall | ||||||
20 | continue to meet
cost-share requirements on and after July 1, | ||||||
21 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
22 | meet
eligibility, cost-share, and other requirements and will | ||||||
23 | have services
discontinued or altered when they fail to meet | ||||||
24 | these requirements. | ||||||
25 | For the purposes of this Section, "flexible senior | ||||||
26 | services" refers to services that require one-time or periodic |
| |||||||
| |||||||
1 | expenditures including, but not limited to, respite care, home | ||||||
2 | modification, assistive technology, housing assistance, and | ||||||
3 | transportation.
| ||||||
4 | (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | ||||||
5 | eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | ||||||
6 | 95-473, eff. 8-27-07; 95-565, eff. 6-1-08; revised 10-30-07.)
| ||||||
7 | (20 ILCS 105/4.12) | ||||||
8 | Sec. 4.12. Assistance to nursing home residents. | ||||||
9 | (a) The Department on Aging shall assist eligible nursing | ||||||
10 | home residents and their families to select long-term care | ||||||
11 | options that meet their needs and reflect their preferences. At | ||||||
12 | any time during the process, the resident or his or her | ||||||
13 | representative may decline further assistance. | ||||||
14 | (b) To provide assistance, the Department shall develop a | ||||||
15 | program of transition services with follow-up in selected areas | ||||||
16 | of the State, to be expanded statewide as funding becomes | ||||||
17 | available. The program shall be developed in consultation with | ||||||
18 | nursing homes, care coordinators case managers , Area Agencies | ||||||
19 | on Aging, and others interested in the well-being of frail | ||||||
20 | elderly Illinois residents. The Department shall establish | ||||||
21 | administrative rules pursuant to the Illinois Administrative | ||||||
22 | Procedure Act with respect to resident eligibility, assessment | ||||||
23 | of the resident's health, cognitive, social, and financial | ||||||
24 | needs, development of comprehensive service transition plans, | ||||||
25 | and the level of services that must be available prior to |
| |||||||
| |||||||
1 | transition of a resident into the community.
| ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
3 | Section 10. The Older Adult Services Act is amended by | ||||||
4 | changing Section 25 as follows: | ||||||
5 | (320 ILCS 42/25)
| ||||||
6 | Sec. 25. Older adult services restructuring. No later than | ||||||
7 | January 1, 2005, the Department shall commence the process of | ||||||
8 | restructuring the older adult services delivery system. | ||||||
9 | Priority shall be given to both the expansion of services and | ||||||
10 | the development of new services in priority service areas. | ||||||
11 | Subject to the availability of funding, the restructuring shall | ||||||
12 | include, but not be limited to, the following:
| ||||||
13 | (1) Planning. The Department shall develop a plan to | ||||||
14 | restructure the State's service delivery system for older | ||||||
15 | adults. The plan shall include a schedule for the | ||||||
16 | implementation of the initiatives outlined in this Act and all | ||||||
17 | other initiatives identified by the participating agencies to | ||||||
18 | fulfill the purposes of this Act. Financing for older adult | ||||||
19 | services shall be based on the principle that "money follows | ||||||
20 | the individual". The plan shall also identify potential | ||||||
21 | impediments to delivery system restructuring and include any | ||||||
22 | known regulatory or statutory barriers. | ||||||
23 | (2) Comprehensive care coordination case management . The | ||||||
24 | Department shall implement a statewide system of holistic |
| |||||||
| |||||||
1 | comprehensive case management. The system shall include the | ||||||
2 | identification and implementation of a universal, | ||||||
3 | comprehensive assessment tool to be used statewide to determine | ||||||
4 | the level of physical, functional, cognitive, psycho-social, | ||||||
5 | social socialization , and financial needs of older adults. This | ||||||
6 | tool shall be supported by an electronic intake, assessment, | ||||||
7 | and care planning system linked to a central location. | ||||||
8 | "Comprehensive care coordination case management " shall | ||||||
9 | include activities such includes services and coordination | ||||||
10 | such as (i) comprehensive assessment of the older adult | ||||||
11 | (including the physical, functional, cognitive, psycho-social, | ||||||
12 | and social needs of the individual) ; (ii) development and | ||||||
13 | implementation of a service plan with the older adult to | ||||||
14 | mobilize the formal and family resources and services | ||||||
15 | identified in the assessment to meet the needs of the older | ||||||
16 | adult, including coordination of the resources and services | ||||||
17 | with any other plans that exist for various formal services, | ||||||
18 | such as hospital discharge plans, and with the information and | ||||||
19 | assistance services; (iii) coordination and monitoring of | ||||||
20 | formal and family service delivery, regardless of the funding | ||||||
21 | source, including coordination and monitoring to ensure that | ||||||
22 | services specified in the plan are being provided; (iv) | ||||||
23 | assistance with completion of applications for services, | ||||||
24 | referrals to non-government funded services, health promotion, | ||||||
25 | and ensuring continuity of care across care settings; (v) | ||||||
26 | periodic reassessment and revision of the status of the older |
| |||||||
| |||||||
1 | adult with the older adult or, if necessary, the older adult's | ||||||
2 | designated representative; and (vi) (v) in accordance with the | ||||||
3 | wishes of the older adult, advocacy on behalf of the older | ||||||
4 | adult for needed services or resources. | ||||||
5 | (3) Coordinated point of entry. The Department shall | ||||||
6 | implement and publicize a statewide coordinated point of entry | ||||||
7 | using a uniform name, identity, logo, and toll-free number. | ||||||
8 | (4) Public web site. The Department shall develop a public | ||||||
9 | web site that provides links to available services, resources, | ||||||
10 | and reference materials concerning caregiving, diseases, and | ||||||
11 | best practices for use by professionals, older adults, and | ||||||
12 | family caregivers. | ||||||
13 | (5) Expansion of older adult services. The Department shall | ||||||
14 | expand older adult services that promote independence and | ||||||
15 | permit older adults to remain in their own homes and | ||||||
16 | communities. | ||||||
17 | (6) Consumer-directed home and community-based services. | ||||||
18 | The Department shall expand the range of service options | ||||||
19 | available to permit older adults to exercise maximum choice and | ||||||
20 | control over their care. | ||||||
21 | (7) Comprehensive delivery system. The Department shall | ||||||
22 | expand opportunities for older adults to receive services in | ||||||
23 | systems that integrate acute and chronic care. | ||||||
24 | (8) Enhanced transition and follow-up services. The | ||||||
25 | Department shall implement a program of transition from one | ||||||
26 | residential setting to another and follow-up services, |
| |||||||
| |||||||
1 | regardless of residential setting, pursuant to rules with | ||||||
2 | respect to (i) resident eligibility, (ii) assessment of the | ||||||
3 | resident's health, cognitive, social, and financial needs, | ||||||
4 | (iii) development of transition plans, and (iv) the level of | ||||||
5 | services that must be available before transitioning a resident | ||||||
6 | from one setting to another. | ||||||
7 | (9) Family caregiver support. The Department shall develop | ||||||
8 | strategies for public and private financing of services that | ||||||
9 | supplement and support family caregivers.
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10 | (10) Quality standards and quality improvement. The | ||||||
11 | Department shall establish a core set of uniform quality | ||||||
12 | standards for all providers that focus on outcomes and take | ||||||
13 | into consideration consumer choice and satisfaction, and the | ||||||
14 | Department shall require each provider to implement a | ||||||
15 | continuous quality improvement process to address consumer | ||||||
16 | issues. The continuous quality improvement process must | ||||||
17 | benchmark performance, be person-centered and data-driven, and | ||||||
18 | focus on consumer satisfaction.
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19 | (11) Workforce. The Department shall develop strategies to | ||||||
20 | attract and retain a qualified and stable worker pool, provide | ||||||
21 | living wages and benefits, and create a work environment that | ||||||
22 | is conducive to long-term employment and career development. | ||||||
23 | Resources such as grants, education, and promotion of career | ||||||
24 | opportunities may be used. | ||||||
25 | (12) Coordination of services. The Department shall | ||||||
26 | identify methods to better coordinate service networks to |
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1 | maximize resources and minimize duplication of services and | ||||||
2 | ease of application. | ||||||
3 | (13) Barriers to services. The Department shall identify | ||||||
4 | barriers to the provision, availability, and accessibility of | ||||||
5 | services and shall implement a plan to address those barriers. | ||||||
6 | The plan shall: (i) identify barriers, including but not | ||||||
7 | limited to, statutory and regulatory complexity, reimbursement | ||||||
8 | issues, payment issues, and labor force issues; (ii) recommend | ||||||
9 | changes to State or federal laws or administrative rules or | ||||||
10 | regulations; (iii) recommend application for federal waivers | ||||||
11 | to improve efficiency and reduce cost and paperwork; (iv) | ||||||
12 | develop innovative service delivery models; and (v) recommend | ||||||
13 | application for federal or private service grants. | ||||||
14 | (14) Reimbursement and funding. The Department shall | ||||||
15 | investigate and evaluate costs and payments by defining costs | ||||||
16 | to implement a uniform, audited provider cost reporting system | ||||||
17 | to be considered by all Departments in establishing payments. | ||||||
18 | To the extent possible, multiple cost reporting mandates shall | ||||||
19 | not be imposed. | ||||||
20 | (15) Medicaid nursing home cost containment and Medicare | ||||||
21 | utilization. The Department of Healthcare and Family Services | ||||||
22 | (formerly Department of Public Aid), in collaboration with the | ||||||
23 | Department on Aging and the Department of Public Health and in | ||||||
24 | consultation with the Advisory Committee, shall propose a plan | ||||||
25 | to contain Medicaid nursing home costs and maximize Medicare | ||||||
26 | utilization. The plan must not impair the ability of an older |
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1 | adult to choose among available services. The plan shall | ||||||
2 | include, but not be limited to, (i) techniques to maximize the | ||||||
3 | use of the most cost-effective services without sacrificing | ||||||
4 | quality and (ii) methods to identify and serve older adults in | ||||||
5 | need of minimal services to remain independent, but who are | ||||||
6 | likely to develop a need for more extensive services in the | ||||||
7 | absence of those minimal services. | ||||||
8 | (16) Bed reduction. The Department of Public Health shall | ||||||
9 | implement a nursing home conversion program to reduce the | ||||||
10 | number of Medicaid-certified nursing home beds in areas with | ||||||
11 | excess beds. The Department of Healthcare and Family Services | ||||||
12 | shall investigate changes to the Medicaid nursing facility | ||||||
13 | reimbursement system in order to reduce beds. Such changes may | ||||||
14 | include, but are not limited to, incentive payments that will | ||||||
15 | enable facilities to adjust to the restructuring and expansion | ||||||
16 | of services required by the Older Adult Services Act, including | ||||||
17 | adjustments for the voluntary closure or layaway of nursing | ||||||
18 | home beds certified under Title XIX of the federal Social | ||||||
19 | Security Act. Any savings shall be reallocated to fund | ||||||
20 | home-based or community-based older adult services pursuant to | ||||||
21 | Section 20. | ||||||
22 | (17) Financing. The Department shall investigate and | ||||||
23 | evaluate financing options for older adult services and shall | ||||||
24 | make recommendations in the report required by Section 15 | ||||||
25 | concerning the feasibility of these financing arrangements. | ||||||
26 | These arrangements shall include, but are not limited to: |
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1 | (A) private long-term care insurance coverage for | ||||||
2 | older adult services; | ||||||
3 | (B) enhancement of federal long-term care financing | ||||||
4 | initiatives; | ||||||
5 | (C) employer benefit programs such as medical savings | ||||||
6 | accounts for long-term care; | ||||||
7 | (D) individual and family cost-sharing options; | ||||||
8 | (E) strategies to reduce reliance on government | ||||||
9 | programs; | ||||||
10 | (F) fraudulent asset divestiture and financial | ||||||
11 | planning prevention; and | ||||||
12 | (G) methods to supplement and support family and | ||||||
13 | community caregiving. | ||||||
14 | (18) Older Adult Services Demonstration Grants. The | ||||||
15 | Department shall implement a program of demonstration grants | ||||||
16 | that will assist in the restructuring of the older adult | ||||||
17 | services delivery system, and shall provide funding for | ||||||
18 | innovative service delivery models and system change and | ||||||
19 | integration initiatives pursuant to subsection (g) of Section | ||||||
20 | 20. | ||||||
21 | (19) Bed need methodology update. For the purposes of | ||||||
22 | determining areas with excess beds, the Departments shall | ||||||
23 | provide information and assistance to the Health Facilities | ||||||
24 | Planning Board to update the Bed Need Methodology for Long-Term | ||||||
25 | Care to update the assumptions used to establish the | ||||||
26 | methodology to make them consistent with modern older adult |
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1 | services.
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2 | (20) Affordable housing. The Departments shall utilize the | ||||||
3 | recommendations of Illinois' Annual Comprehensive Housing | ||||||
4 | Plan, as developed by the Affordable Housing Task Force through | ||||||
5 | the Governor's Executive Order 2003-18, in their efforts to | ||||||
6 | address the affordable housing needs of older adults.
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7 | The Older Adult Services Advisory Committee shall | ||||||
8 | investigate innovative and promising practices operating as | ||||||
9 | demonstration or pilot projects in Illinois and in other | ||||||
10 | states. The Department on Aging shall provide the Older Adult | ||||||
11 | Services Advisory Committee with a list of all demonstration or | ||||||
12 | pilot projects funded by the Department on Aging, including | ||||||
13 | those specified by rule, law, policy memorandum, or funding | ||||||
14 | arrangement. The Committee shall work with the Department on | ||||||
15 | Aging to evaluate the viability of expanding these programs | ||||||
16 | into other areas of the State.
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17 | (Source: P.A. 93-1031, eff. 8-27-04; 94-236, eff. 7-14-05; | ||||||
18 | 94-766, eff. 1-1-07.)"; and | ||||||
19 | on page 1, line 5, by changing "Section 5." to "Section 15."; | ||||||
20 | and | ||||||
21 | on page 1, after line 6, by inserting the following: | ||||||
22 | "Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text |
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1 | that is not yet or no longer in effect (for example, a Section | ||||||
2 | represented by multiple versions), the use of that text does | ||||||
3 | not accelerate or delay the taking effect of (i) the changes | ||||||
4 | made by this Act or (ii) provisions derived from any other | ||||||
5 | Public Act. | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|