101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5272

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/4.01  from Ch. 23, par. 6104.01
20 ILCS 105/4.02  from Ch. 23, par. 6104.02
20 ILCS 105/4.06

    Amends the Illinois Act on the Aging. In provisions concerning the powers and duties of the Department on Aging under the Act, requires the Department to work with workforce development providers through the federal Workforce Innovation and Opportunity Act to establish and implement an affirmative action employment plan for the recruitment, hiring, training, and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law (rather than requiring the Department to make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training, and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law). Requires the Department to conduct demonstration projects to identify additional ways to assist aging and minority senior citizens throughout the State (rather than requiring the Department to conduct a study of the feasibility of implementing the Senior Companion Program throughout the State). In a provision requiring the Department on Aging and the Department of Human Services to file a joint report with the Governor and the General Assembly, removes the requirement that the report be filed on or before September 30 of each year. Requires the Department on Aging and other specified agencies to submit an annual report on program and services for minority senior citizens in the State to be filed with the Governor and the General Assembly within 12 months of the closing of the lapse period for the fiscal year included in the report.


LRB101 18390 KTG 67837 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5272LRB101 18390 KTG 67837 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5changing Sections 4.01, 4.02, and 4.06 as follows:
 
6    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
7    Sec. 4.01. Additional powers and duties of the Department.
8In addition to powers and duties otherwise provided by law, the
9Department shall have the following powers and duties:
10    (1) To evaluate all programs, services, and facilities for
11the aged and for minority senior citizens within the State and
12determine the extent to which present public or private
13programs, services and facilities meet the needs of the aged.
14    (2) To coordinate and evaluate all programs, services, and
15facilities for the Aging and for minority senior citizens
16presently furnished by State agencies and make appropriate
17recommendations regarding such services, programs and
18facilities to the Governor and/or the General Assembly.
19    (2-a) To request, receive, and share information
20electronically through the use of data-sharing agreements for
21the purpose of (i) establishing and verifying the initial and
22continuing eligibility of older adults to participate in
23programs administered by the Department; (ii) maximizing

 

 

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1federal financial participation in State assistance
2expenditures; and (iii) investigating allegations of fraud or
3other abuse of publicly funded benefits. Notwithstanding any
4other law to the contrary, but only for the limited purposes
5identified in the preceding sentence, this paragraph (2-a)
6expressly authorizes the exchanges of income, identification,
7and other pertinent eligibility information by and among the
8Department and the Social Security Administration, the
9Department of Employment Security, the Department of
10Healthcare and Family Services, the Department of Human
11Services, the Department of Revenue, the Secretary of State,
12the U.S. Department of Veterans Affairs, and any other
13governmental entity. The confidentiality of information
14otherwise shall be maintained as required by law. In addition,
15the Department on Aging shall verify employment information at
16the request of a community care provider for the purpose of
17ensuring program integrity under the Community Care Program.
18    (3) To function as the sole State agency to develop a
19comprehensive plan to meet the needs of the State's senior
20citizens and the State's minority senior citizens.
21    (4) To receive and disburse State and federal funds made
22available directly to the Department including those funds made
23available under the Older Americans Act and the Senior
24Community Service Employment Program for providing services
25for senior citizens and minority senior citizens or for
26purposes related thereto, and shall develop and administer any

 

 

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1State Plan for the Aging required by federal law.
2    (5) To solicit, accept, hold, and administer in behalf of
3the State any grants or legacies of money, securities, or
4property to the State of Illinois for services to senior
5citizens and minority senior citizens or purposes related
6thereto.
7    (6) To provide consultation and assistance to communities,
8area agencies on aging, and groups developing local services
9for senior citizens and minority senior citizens.
10    (7) To promote community education regarding the problems
11of senior citizens and minority senior citizens through
12institutes, publications, radio, television and the local
13press.
14    (8) To cooperate with agencies of the federal government in
15studies and conferences designed to examine the needs of senior
16citizens and minority senior citizens and to prepare programs
17and facilities to meet those needs.
18    (9) To establish and maintain information and referral
19sources throughout the State when not provided by other
20agencies.
21    (10) To provide the staff support that may reasonably be
22required by the Council.
23    (11) To make and enforce rules and regulations necessary
24and proper to the performance of its duties.
25    (12) To establish and fund programs or projects or
26experimental facilities that are specially designed as

 

 

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1alternatives to institutional care.
2    (13) To develop a training program to train the counselors
3presently employed by the Department's aging network to provide
4Medicare beneficiaries with counseling and advocacy in
5Medicare, private health insurance, and related health care
6coverage plans. The Department shall report to the General
7Assembly on the implementation of the training program on or
8before December 1, 1986.
9    (14) To work with workforce development providers through
10the federal Workforce Innovation and Opportunity Act to
11establish and implement make a grant to an institution of
12higher learning to study the feasibility of establishing and
13implementing an affirmative action employment plan for the
14recruitment, hiring, training and retraining of persons 60 or
15more years old for jobs for which their employment would not be
16precluded by law.
17    (15) To present one award annually in each of the
18categories of community service, education, the performance
19and graphic arts, and the labor force to outstanding Illinois
20senior citizens and minority senior citizens in recognition of
21their individual contributions to either community service,
22education, the performance and graphic arts, or the labor
23force. The awards shall be presented to 4 senior citizens and
24minority senior citizens selected from a list of 44 nominees
25compiled annually by the Department. Nominations shall be
26solicited from senior citizens' service providers, area

 

 

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1agencies on aging, senior citizens' centers, and senior
2citizens' organizations. The Department shall establish a
3central location within the State to be designated as the
4Senior Illinoisans Hall of Fame for the public display of all
5the annual awards, or replicas thereof.
6    (16) To establish multipurpose senior centers through area
7agencies on aging and to fund those new and existing
8multipurpose senior centers through area agencies on aging, the
9establishment and funding to begin in such areas of the State
10as the Department shall designate by rule and as specifically
11appropriated funds become available.
12    (17) (Blank).
13    (18) To develop a pamphlet in English and Spanish which may
14be used by physicians licensed to practice medicine in all of
15its branches pursuant to the Medical Practice Act of 1987,
16pharmacists licensed pursuant to the Pharmacy Practice Act, and
17Illinois residents 65 years of age or older for the purpose of
18assisting physicians, pharmacists, and patients in monitoring
19prescriptions provided by various physicians and to aid persons
2065 years of age or older in complying with directions for
21proper use of pharmaceutical prescriptions. The pamphlet may
22provide space for recording information including but not
23limited to the following:
24        (a) name and telephone number of the patient;
25        (b) name and telephone number of the prescribing
26    physician;

 

 

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1        (c) date of prescription;
2        (d) name of drug prescribed;
3        (e) directions for patient compliance; and
4        (f) name and telephone number of dispensing pharmacy.
5    In developing the pamphlet, the Department shall consult
6with the Illinois State Medical Society, the Center for
7Minority Health Services, the Illinois Pharmacists Association
8and senior citizens organizations. The Department shall
9distribute the pamphlets to physicians, pharmacists and
10persons 65 years of age or older or various senior citizen
11organizations throughout the State.
12    (19) To conduct demonstration projects to identify
13additional ways to assist aging and minority senior citizens a
14study of the feasibility of implementing the Senior Companion
15Program throughout the State.
16    (20) The reimbursement rates paid through the community
17care program for chore housekeeping services and home care
18aides shall be the same.
19    (21) From funds appropriated to the Department from the
20Meals on Wheels Fund, a special fund in the State treasury that
21is hereby created, and in accordance with State and federal
22guidelines and the intrastate funding formula, to make grants
23to area agencies on aging, designated by the Department, for
24the sole purpose of delivering meals to homebound persons 60
25years of age and older.
26    (22) To distribute, through its area agencies on aging,

 

 

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1information alerting seniors on safety issues regarding
2emergency weather conditions, including extreme heat and cold,
3flooding, tornadoes, electrical storms, and other severe storm
4weather. The information shall include all necessary
5instructions for safety and all emergency telephone numbers of
6organizations that will provide additional information and
7assistance.
8    (23) To develop guidelines for the organization and
9implementation of Volunteer Services Credit Programs to be
10administered by Area Agencies on Aging or community based
11senior service organizations. The Department shall hold public
12hearings on the proposed guidelines for public comment,
13suggestion, and determination of public interest. The
14guidelines shall be based on the findings of other states and
15of community organizations in Illinois that are currently
16operating volunteer services credit programs or demonstration
17volunteer services credit programs. The Department shall offer
18guidelines for all aspects of the programs including, but not
19limited to, the following:
20        (a) types of services to be offered by volunteers;
21        (b) types of services to be received upon the
22    redemption of service credits;
23        (c) issues of liability for the volunteers and the
24    administering organizations;
25        (d) methods of tracking service credits earned and
26    service credits redeemed;

 

 

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1        (e) issues of time limits for redemption of service
2    credits;
3        (f) methods of recruitment of volunteers;
4        (g) utilization of community volunteers, community
5    service groups, and other resources for delivering
6    services to be received by service credit program clients;
7        (h) accountability and assurance that services will be
8    available to individuals who have earned service credits;
9    and
10        (i) volunteer screening and qualifications.
11The Department shall submit a written copy of the guidelines to
12the General Assembly by July 1, 1998.
13    (24) To function as the sole State agency to receive and
14disburse State and federal funds for providing adult protective
15services in a domestic living situation in accordance with the
16Adult Protective Services Act.
17    (25) To hold conferences, trainings, and other programs for
18which the Department shall determine by rule a reasonable fee
19to cover related administrative costs. Rules to implement the
20fee authority granted by this paragraph (25) must be adopted in
21accordance with all provisions of the Illinois Administrative
22Procedure Act and all rules and procedures of the Joint
23Committee on Administrative Rules; any purported rule not so
24adopted, for whatever reason, is unauthorized.
25(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
26eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
 

 

 

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1    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
2    Sec. 4.02. Community Care Program. The Department shall
3establish a program of services to prevent unnecessary
4institutionalization of persons age 60 and older in need of
5long term care or who are established as persons who suffer
6from Alzheimer's disease or a related disorder under the
7Alzheimer's Disease Assistance Act, thereby enabling them to
8remain in their own homes or in other living arrangements. Such
9preventive services, which may be coordinated with other
10programs for the aged and monitored by area agencies on aging
11in cooperation with the Department, may include, but are not
12limited to, any or all of the following:
13        (a) (blank);
14        (b) (blank);
15        (c) home care aide services;
16        (d) personal assistant services;
17        (e) adult day services;
18        (f) home-delivered meals;
19        (g) education in self-care;
20        (h) personal care services;
21        (i) adult day health services;
22        (j) habilitation services;
23        (k) respite care;
24        (k-5) community reintegration services;
25        (k-6) flexible senior services;

 

 

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1        (k-7) medication management;
2        (k-8) emergency home response;
3        (l) other nonmedical social services that may enable
4    the person to become self-supporting; or
5        (m) clearinghouse for information provided by senior
6    citizen home owners who want to rent rooms to or share
7    living space with other senior citizens.
8    The Department shall establish eligibility standards for
9such services. In determining the amount and nature of services
10for which a person may qualify, consideration shall not be
11given to the value of cash, property or other assets held in
12the name of the person's spouse pursuant to a written agreement
13dividing marital property into equal but separate shares or
14pursuant to a transfer of the person's interest in a home to
15his spouse, provided that the spouse's share of the marital
16property is not made available to the person seeking such
17services.
18    Beginning January 1, 2008, the Department shall require as
19a condition of eligibility that all new financially eligible
20applicants apply for and enroll in medical assistance under
21Article V of the Illinois Public Aid Code in accordance with
22rules promulgated by the Department.
23    The Department shall, in conjunction with the Department of
24Public Aid (now Department of Healthcare and Family Services),
25seek appropriate amendments under Sections 1915 and 1924 of the
26Social Security Act. The purpose of the amendments shall be to

 

 

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1extend eligibility for home and community based services under
2Sections 1915 and 1924 of the Social Security Act to persons
3who transfer to or for the benefit of a spouse those amounts of
4income and resources allowed under Section 1924 of the Social
5Security Act. Subject to the approval of such amendments, the
6Department shall extend the provisions of Section 5-4 of the
7Illinois Public Aid Code to persons who, but for the provision
8of home or community-based services, would require the level of
9care provided in an institution, as is provided for in federal
10law. Those persons no longer found to be eligible for receiving
11noninstitutional services due to changes in the eligibility
12criteria shall be given 45 days notice prior to actual
13termination. Those persons receiving notice of termination may
14contact the Department and request the determination be
15appealed at any time during the 45 day notice period. The
16target population identified for the purposes of this Section
17are persons age 60 and older with an identified service need.
18Priority shall be given to those who are at imminent risk of
19institutionalization. The services shall be provided to
20eligible persons age 60 and older to the extent that the cost
21of the services together with the other personal maintenance
22expenses of the persons are reasonably related to the standards
23established for care in a group facility appropriate to the
24person's condition. These non-institutional services, pilot
25projects or experimental facilities may be provided as part of
26or in addition to those authorized by federal law or those

 

 

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1funded and administered by the Department of Human Services.
2The Departments of Human Services, Healthcare and Family
3Services, Public Health, Veterans' Affairs, and Commerce and
4Economic Opportunity and other appropriate agencies of State,
5federal and local governments shall cooperate with the
6Department on Aging in the establishment and development of the
7non-institutional services. The Department shall require an
8annual audit from all personal assistant and home care aide
9vendors contracting with the Department under this Section. The
10annual audit shall assure that each audited vendor's procedures
11are in compliance with Department's financial reporting
12guidelines requiring an administrative and employee wage and
13benefits cost split as defined in administrative rules. The
14audit is a public record under the Freedom of Information Act.
15The Department shall execute, relative to the nursing home
16prescreening project, written inter-agency agreements with the
17Department of Human Services and the Department of Healthcare
18and Family Services, to effect the following: (1) intake
19procedures and common eligibility criteria for those persons
20who are receiving non-institutional services; and (2) the
21establishment and development of non-institutional services in
22areas of the State where they are not currently available or
23are undeveloped. On and after July 1, 1996, all nursing home
24prescreenings for individuals 60 years of age or older shall be
25conducted by the Department.
26    As part of the Department on Aging's routine training of

 

 

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1case managers and case manager supervisors, the Department may
2include information on family futures planning for persons who
3are age 60 or older and who are caregivers of their adult
4children with developmental disabilities. The content of the
5training shall be at the Department's discretion.
6    The Department is authorized to establish a system of
7recipient copayment for services provided under this Section,
8such copayment to be based upon the recipient's ability to pay
9but in no case to exceed the actual cost of the services
10provided. Additionally, any portion of a person's income which
11is equal to or less than the federal poverty standard shall not
12be considered by the Department in determining the copayment.
13The level of such copayment shall be adjusted whenever
14necessary to reflect any change in the officially designated
15federal poverty standard.
16    The Department, or the Department's authorized
17representative, may recover the amount of moneys expended for
18services provided to or in behalf of a person under this
19Section by a claim against the person's estate or against the
20estate of the person's surviving spouse, but no recovery may be
21had until after the death of the surviving spouse, if any, and
22then only at such time when there is no surviving child who is
23under age 21 or blind or who has a permanent and total
24disability. This paragraph, however, shall not bar recovery, at
25the death of the person, of moneys for services provided to the
26person or in behalf of the person under this Section to which

 

 

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1the person was not entitled; provided that such recovery shall
2not be enforced against any real estate while it is occupied as
3a homestead by the surviving spouse or other dependent, if no
4claims by other creditors have been filed against the estate,
5or, if such claims have been filed, they remain dormant for
6failure of prosecution or failure of the claimant to compel
7administration of the estate for the purpose of payment. This
8paragraph shall not bar recovery from the estate of a spouse,
9under Sections 1915 and 1924 of the Social Security Act and
10Section 5-4 of the Illinois Public Aid Code, who precedes a
11person receiving services under this Section in death. All
12moneys for services paid to or in behalf of the person under
13this Section shall be claimed for recovery from the deceased
14spouse's estate. "Homestead", as used in this paragraph, means
15the dwelling house and contiguous real estate occupied by a
16surviving spouse or relative, as defined by the rules and
17regulations of the Department of Healthcare and Family
18Services, regardless of the value of the property.
19    The Department shall increase the effectiveness of the
20existing Community Care Program by:
21        (1) ensuring that in-home services included in the care
22    plan are available on evenings and weekends;
23        (2) ensuring that care plans contain the services that
24    eligible participants need based on the number of days in a
25    month, not limited to specific blocks of time, as
26    identified by the comprehensive assessment tool selected

 

 

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1    by the Department for use statewide, not to exceed the
2    total monthly service cost maximum allowed for each
3    service; the Department shall develop administrative rules
4    to implement this item (2);
5        (3) ensuring that the participants have the right to
6    choose the services contained in their care plan and to
7    direct how those services are provided, based on
8    administrative rules established by the Department;
9        (4) ensuring that the determination of need tool is
10    accurate in determining the participants' level of need; to
11    achieve this, the Department, in conjunction with the Older
12    Adult Services Advisory Committee, shall institute a study
13    of the relationship between the Determination of Need
14    scores, level of need, service cost maximums, and the
15    development and utilization of service plans no later than
16    May 1, 2008; findings and recommendations shall be
17    presented to the Governor and the General Assembly no later
18    than January 1, 2009; recommendations shall include all
19    needed changes to the service cost maximums schedule and
20    additional covered services;
21        (5) ensuring that homemakers can provide personal care
22    services that may or may not involve contact with clients,
23    including but not limited to:
24            (A) bathing;
25            (B) grooming;
26            (C) toileting;

 

 

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1            (D) nail care;
2            (E) transferring;
3            (F) respiratory services;
4            (G) exercise; or
5            (H) positioning;
6        (6) ensuring that homemaker program vendors are not
7    restricted from hiring homemakers who are family members of
8    clients or recommended by clients; the Department may not,
9    by rule or policy, require homemakers who are family
10    members of clients or recommended by clients to accept
11    assignments in homes other than the client;
12        (7) ensuring that the State may access maximum federal
13    matching funds by seeking approval for the Centers for
14    Medicare and Medicaid Services for modifications to the
15    State's home and community based services waiver and
16    additional waiver opportunities, including applying for
17    enrollment in the Balance Incentive Payment Program by May
18    1, 2013, in order to maximize federal matching funds; this
19    shall include, but not be limited to, modification that
20    reflects all changes in the Community Care Program services
21    and all increases in the services cost maximum;
22        (8) ensuring that the determination of need tool
23    accurately reflects the service needs of individuals with
24    Alzheimer's disease and related dementia disorders;
25        (9) ensuring that services are authorized accurately
26    and consistently for the Community Care Program (CCP); the

 

 

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1    Department shall implement a Service Authorization policy
2    directive; the purpose shall be to ensure that eligibility
3    and services are authorized accurately and consistently in
4    the CCP program; the policy directive shall clarify service
5    authorization guidelines to Care Coordination Units and
6    Community Care Program providers no later than May 1, 2013;
7        (10) working in conjunction with Care Coordination
8    Units, the Department of Healthcare and Family Services,
9    the Department of Human Services, Community Care Program
10    providers, and other stakeholders to make improvements to
11    the Medicaid claiming processes and the Medicaid
12    enrollment procedures or requirements as needed,
13    including, but not limited to, specific policy changes or
14    rules to improve the up-front enrollment of participants in
15    the Medicaid program and specific policy changes or rules
16    to insure more prompt submission of bills to the federal
17    government to secure maximum federal matching dollars as
18    promptly as possible; the Department on Aging shall have at
19    least 3 meetings with stakeholders by January 1, 2014 in
20    order to address these improvements;
21        (11) requiring home care service providers to comply
22    with the rounding of hours worked provisions under the
23    federal Fair Labor Standards Act (FLSA) and as set forth in
24    29 CFR 785.48(b) by May 1, 2013;
25        (12) implementing any necessary policy changes or
26    promulgating any rules, no later than January 1, 2014, to

 

 

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1    assist the Department of Healthcare and Family Services in
2    moving as many participants as possible, consistent with
3    federal regulations, into coordinated care plans if a care
4    coordination plan that covers long term care is available
5    in the recipient's area; and
6        (13) maintaining fiscal year 2014 rates at the same
7    level established on January 1, 2013.
8    By January 1, 2009 or as soon after the end of the Cash and
9Counseling Demonstration Project as is practicable, the
10Department may, based on its evaluation of the demonstration
11project, promulgate rules concerning personal assistant
12services, to include, but need not be limited to,
13qualifications, employment screening, rights under fair labor
14standards, training, fiduciary agent, and supervision
15requirements. All applicants shall be subject to the provisions
16of the Health Care Worker Background Check Act.
17    The Department shall develop procedures to enhance
18availability of services on evenings, weekends, and on an
19emergency basis to meet the respite needs of caregivers.
20Procedures shall be developed to permit the utilization of
21services in successive blocks of 24 hours up to the monthly
22maximum established by the Department. Workers providing these
23services shall be appropriately trained.
24    Beginning on the effective date of this amendatory Act of
251991, no person may perform chore/housekeeping and home care
26aide services under a program authorized by this Section unless

 

 

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1that person has been issued a certificate of pre-service to do
2so by his or her employing agency. Information gathered to
3effect such certification shall include (i) the person's name,
4(ii) the date the person was hired by his or her current
5employer, and (iii) the training, including dates and levels.
6Persons engaged in the program authorized by this Section
7before the effective date of this amendatory Act of 1991 shall
8be issued a certificate of all pre- and in-service training
9from his or her employer upon submitting the necessary
10information. The employing agency shall be required to retain
11records of all staff pre- and in-service training, and shall
12provide such records to the Department upon request and upon
13termination of the employer's contract with the Department. In
14addition, the employing agency is responsible for the issuance
15of certifications of in-service training completed to their
16employees.
17    The Department is required to develop a system to ensure
18that persons working as home care aides and personal assistants
19receive increases in their wages when the federal minimum wage
20is increased by requiring vendors to certify that they are
21meeting the federal minimum wage statute for home care aides
22and personal assistants. An employer that cannot ensure that
23the minimum wage increase is being given to home care aides and
24personal assistants shall be denied any increase in
25reimbursement costs.
26    The Community Care Program Advisory Committee is created in

 

 

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1the Department on Aging. The Director shall appoint individuals
2to serve in the Committee, who shall serve at their own
3expense. Members of the Committee must abide by all applicable
4ethics laws. The Committee shall advise the Department on
5issues related to the Department's program of services to
6prevent unnecessary institutionalization. The Committee shall
7meet on a bi-monthly basis and shall serve to identify and
8advise the Department on present and potential issues affecting
9the service delivery network, the program's clients, and the
10Department and to recommend solution strategies. Persons
11appointed to the Committee shall be appointed on, but not
12limited to, their own and their agency's experience with the
13program, geographic representation, and willingness to serve.
14The Director shall appoint members to the Committee to
15represent provider, advocacy, policy research, and other
16constituencies committed to the delivery of high quality home
17and community-based services to older adults. Representatives
18shall be appointed to ensure representation from community care
19providers including, but not limited to, adult day service
20providers, homemaker providers, case coordination and case
21management units, emergency home response providers, statewide
22trade or labor unions that represent home care aides and direct
23care staff, area agencies on aging, adults over age 60,
24membership organizations representing older adults, and other
25organizational entities, providers of care, or individuals
26with demonstrated interest and expertise in the field of home

 

 

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1and community care as determined by the Director.
2    Nominations may be presented from any agency or State
3association with interest in the program. The Director, or his
4or her designee, shall serve as the permanent co-chair of the
5advisory committee. One other co-chair shall be nominated and
6approved by the members of the committee on an annual basis.
7Committee members' terms of appointment shall be for 4 years
8with one-quarter of the appointees' terms expiring each year. A
9member shall continue to serve until his or her replacement is
10named. The Department shall fill vacancies that have a
11remaining term of over one year, and this replacement shall
12occur through the annual replacement of expiring terms. The
13Director shall designate Department staff to provide technical
14assistance and staff support to the committee. Department
15representation shall not constitute membership of the
16committee. All Committee papers, issues, recommendations,
17reports, and meeting memoranda are advisory only. The Director,
18or his or her designee, shall make a written report, as
19requested by the Committee, regarding issues before the
20Committee.
21    The Department on Aging and the Department of Human
22Services shall cooperate in the development and submission of
23an annual report on programs and services provided under this
24Section. Such joint report shall be filed with the Governor and
25the General Assembly on or before September 30 each year.
26    The requirement for reporting to the General Assembly shall

 

 

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1be satisfied by filing copies of the report as required by
2Section 3.1 of the General Assembly Organization Act and filing
3such additional copies with the State Government Report
4Distribution Center for the General Assembly as is required
5under paragraph (t) of Section 7 of the State Library Act.
6    Those persons previously found eligible for receiving
7non-institutional services whose services were discontinued
8under the Emergency Budget Act of Fiscal Year 1992, and who do
9not meet the eligibility standards in effect on or after July
101, 1992, shall remain ineligible on and after July 1, 1992.
11Those persons previously not required to cost-share and who
12were required to cost-share effective March 1, 1992, shall
13continue to meet cost-share requirements on and after July 1,
141992. Beginning July 1, 1992, all clients will be required to
15meet eligibility, cost-share, and other requirements and will
16have services discontinued or altered when they fail to meet
17these requirements.
18    For the purposes of this Section, "flexible senior
19services" refers to services that require one-time or periodic
20expenditures including, but not limited to, respite care, home
21modification, assistive technology, housing assistance, and
22transportation.
23    The Department shall implement an electronic service
24verification based on global positioning systems or other
25cost-effective technology for the Community Care Program no
26later than January 1, 2014.

 

 

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1    The Department shall require, as a condition of
2eligibility, enrollment in the medical assistance program
3under Article V of the Illinois Public Aid Code (i) beginning
4August 1, 2013, if the Auditor General has reported that the
5Department has failed to comply with the reporting requirements
6of Section 2-27 of the Illinois State Auditing Act; or (ii)
7beginning June 1, 2014, if the Auditor General has reported
8that the Department has not undertaken the required actions
9listed in the report required by subsection (a) of Section 2-27
10of the Illinois State Auditing Act.
11    The Department shall delay Community Care Program services
12until an applicant is determined eligible for medical
13assistance under Article V of the Illinois Public Aid Code (i)
14beginning August 1, 2013, if the Auditor General has reported
15that the Department has failed to comply with the reporting
16requirements of Section 2-27 of the Illinois State Auditing
17Act; or (ii) beginning June 1, 2014, if the Auditor General has
18reported that the Department has not undertaken the required
19actions listed in the report required by subsection (a) of
20Section 2-27 of the Illinois State Auditing Act.
21    The Department shall implement co-payments for the
22Community Care Program at the federally allowable maximum level
23(i) beginning August 1, 2013, if the Auditor General has
24reported that the Department has failed to comply with the
25reporting requirements of Section 2-27 of the Illinois State
26Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

 

 

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1General has reported that the Department has not undertaken the
2required actions listed in the report required by subsection
3(a) of Section 2-27 of the Illinois State Auditing Act.
4    The Department shall provide a bi-monthly report on the
5progress of the Community Care Program reforms set forth in
6this amendatory Act of the 98th General Assembly to the
7Governor, the Speaker of the House of Representatives, the
8Minority Leader of the House of Representatives, the President
9of the Senate, and the Minority Leader of the Senate.
10    The Department shall conduct a quarterly review of Care
11Coordination Unit performance and adherence to service
12guidelines. The quarterly review shall be reported to the
13Speaker of the House of Representatives, the Minority Leader of
14the House of Representatives, the President of the Senate, and
15the Minority Leader of the Senate. The Department shall collect
16and report longitudinal data on the performance of each care
17coordination unit. Nothing in this paragraph shall be construed
18to require the Department to identify specific care
19coordination units.
20    In regard to community care providers, failure to comply
21with Department on Aging policies shall be cause for
22disciplinary action, including, but not limited to,
23disqualification from serving Community Care Program clients.
24Each provider, upon submission of any bill or invoice to the
25Department for payment for services rendered, shall include a
26notarized statement, under penalty of perjury pursuant to

 

 

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1Section 1-109 of the Code of Civil Procedure, that the provider
2has complied with all Department policies.
3    The Director of the Department on Aging shall make
4information available to the State Board of Elections as may be
5required by an agreement the State Board of Elections has
6entered into with a multi-state voter registration list
7maintenance system.
8    Within 30 days after July 6, 2017 (the effective date of
9Public Act 100-23), rates shall be increased to $18.29 per
10hour, for the purpose of increasing, by at least $.72 per hour,
11the wages paid by those vendors to their employees who provide
12homemaker services. The Department shall pay an enhanced rate
13under the Community Care Program to those in-home service
14provider agencies that offer health insurance coverage as a
15benefit to their direct service worker employees consistent
16with the mandates of Public Act 95-713. For State fiscal years
172018 and 2019, the enhanced rate shall be $1.77 per hour. The
18rate shall be adjusted using actuarial analysis based on the
19cost of care, but shall not be set below $1.77 per hour. The
20Department shall adopt rules, including emergency rules under
21subsections (y) and (bb) of Section 5-45 of the Illinois
22Administrative Procedure Act, to implement the provisions of
23this paragraph.
24    The General Assembly finds it necessary to authorize an
25aggressive Medicaid enrollment initiative designed to maximize
26federal Medicaid funding for the Community Care Program which

 

 

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1produces significant savings for the State of Illinois. The
2Department on Aging shall establish and implement a Community
3Care Program Medicaid Initiative. Under the Initiative, the
4Department on Aging shall, at a minimum: (i) provide an
5enhanced rate to adequately compensate care coordination units
6to enroll eligible Community Care Program clients into
7Medicaid; (ii) use recommendations from a stakeholder
8committee on how best to implement the Initiative; and (iii)
9establish requirements for State agencies to make enrollment in
10the State's Medical Assistance program easier for seniors.
11    The Community Care Program Medicaid Enrollment Oversight
12Subcommittee is created as a subcommittee of the Older Adult
13Services Advisory Committee established in Section 35 of the
14Older Adult Services Act to make recommendations on how best to
15increase the number of medical assistance recipients who are
16enrolled in the Community Care Program. The Subcommittee shall
17consist of all of the following persons who must be appointed
18within 30 days after the effective date of this amendatory Act
19of the 100th General Assembly:
20        (1) The Director of Aging, or his or her designee, who
21    shall serve as the chairperson of the Subcommittee.
22        (2) One representative of the Department of Healthcare
23    and Family Services, appointed by the Director of
24    Healthcare and Family Services.
25        (3) One representative of the Department of Human
26    Services, appointed by the Secretary of Human Services.

 

 

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1        (4) One individual representing a care coordination
2    unit, appointed by the Director of Aging.
3        (5) One individual from a non-governmental statewide
4    organization that advocates for seniors, appointed by the
5    Director of Aging.
6        (6) One individual representing Area Agencies on
7    Aging, appointed by the Director of Aging.
8        (7) One individual from a statewide association
9    dedicated to Alzheimer's care, support, and research,
10    appointed by the Director of Aging.
11        (8) One individual from an organization that employs
12    persons who provide services under the Community Care
13    Program, appointed by the Director of Aging.
14        (9) One member of a trade or labor union representing
15    persons who provide services under the Community Care
16    Program, appointed by the Director of Aging.
17        (10) One member of the Senate, who shall serve as
18    co-chairperson, appointed by the President of the Senate.
19        (11) One member of the Senate, who shall serve as
20    co-chairperson, appointed by the Minority Leader of the
21    Senate.
22        (12) One member of the House of Representatives, who
23    shall serve as co-chairperson, appointed by the Speaker of
24    the House of Representatives.
25        (13) One member of the House of Representatives, who
26    shall serve as co-chairperson, appointed by the Minority

 

 

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1    Leader of the House of Representatives.
2        (14) One individual appointed by a labor organization
3    representing frontline employees at the Department of
4    Human Services.
5    The Subcommittee shall provide oversight to the Community
6Care Program Medicaid Initiative and shall meet quarterly. At
7each Subcommittee meeting the Department on Aging shall provide
8the following data sets to the Subcommittee: (A) the number of
9Illinois residents, categorized by planning and service area,
10who are receiving services under the Community Care Program and
11are enrolled in the State's Medical Assistance Program; (B) the
12number of Illinois residents, categorized by planning and
13service area, who are receiving services under the Community
14Care Program, but are not enrolled in the State's Medical
15Assistance Program; and (C) the number of Illinois residents,
16categorized by planning and service area, who are receiving
17services under the Community Care Program and are eligible for
18benefits under the State's Medical Assistance Program, but are
19not enrolled in the State's Medical Assistance Program. In
20addition to this data, the Department on Aging shall provide
21the Subcommittee with plans on how the Department on Aging will
22reduce the number of Illinois residents who are not enrolled in
23the State's Medical Assistance Program but who are eligible for
24medical assistance benefits. The Department on Aging shall
25enroll in the State's Medical Assistance Program those Illinois
26residents who receive services under the Community Care Program

 

 

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1and are eligible for medical assistance benefits but are not
2enrolled in the State's Medicaid Assistance Program. The data
3provided to the Subcommittee shall be made available to the
4public via the Department on Aging's website.
5    The Department on Aging, with the involvement of the
6Subcommittee, shall collaborate with the Department of Human
7Services and the Department of Healthcare and Family Services
8on how best to achieve the responsibilities of the Community
9Care Program Medicaid Initiative.
10    The Department on Aging, the Department of Human Services,
11and the Department of Healthcare and Family Services shall
12coordinate and implement a streamlined process for seniors to
13access benefits under the State's Medical Assistance Program.
14    The Subcommittee shall collaborate with the Department of
15Human Services on the adoption of a uniform application
16submission process. The Department of Human Services and any
17other State agency involved with processing the medical
18assistance application of any person enrolled in the Community
19Care Program shall include the appropriate care coordination
20unit in all communications related to the determination or
21status of the application.
22    The Community Care Program Medicaid Initiative shall
23provide targeted funding to care coordination units to help
24seniors complete their applications for medical assistance
25benefits. On and after July 1, 2019, care coordination units
26shall receive no less than $200 per completed application,

 

 

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1which rate may be included in a bundled rate for initial intake
2services when Medicaid application assistance is provided in
3conjunction with the initial intake process for new program
4participants.
5    The Community Care Program Medicaid Initiative shall cease
6operation 5 years after the effective date of this amendatory
7Act of the 100th General Assembly, after which the Subcommittee
8shall dissolve.
9(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
10100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
 
11    (20 ILCS 105/4.06)
12    Sec. 4.06. Minority Senior Citizen Program. The Department
13shall develop a program to identify the special needs and
14problems of minority senior citizens and evaluate the adequacy
15and accessibility of existing programs and information for
16minority senior citizens. The Department shall coordinate
17services for minority senior citizens through the Department of
18Public Health, the Department of Healthcare and Family
19Services, and the Department of Human Services.
20    The Department shall develop procedures to enhance and
21identify availability of services and shall promulgate
22administrative rules to establish the responsibilities of the
23Department.
24    The Department on Aging, the Department of Public Health,
25the Department of Healthcare and Family Services, and the

 

 

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1Department of Human Services shall cooperate in the development
2and submission of an annual report on programs and services
3provided for minority senior citizens in Illinois under this
4Section. The joint report shall be filed with the Governor and
5the General Assembly within 12 months of the closing of the
6lapse period for the fiscal year included in the report on or
7before September 30 of each year.
8(Source: P.A. 95-331, eff. 8-21-07.)