HB4346 EnrolledLRB103 36391 KTG 66492 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 3.11, 4.01, and 4.02 and by adding Section
65.03 as follows:
 
7    (20 ILCS 105/3.11)
8    Sec. 3.11. Greatest social need. "Greatest For the
9purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
10means the need caused by noneconomic factors that restrict an
11individual's ability to perform normal daily tasks or that
12threaten his or her capacity to live independently. These
13factors include, but are not limited to, physical or mental
14disability, language barriers, and cultural or social
15isolation caused by, among other things, racial and ethnic
16status, sexual orientation, gender identity, gender
17expression, or HIV status.
18(Source: P.A. 101-325, eff. 8-9-19.)
 
19    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
20    Sec. 4.01. Additional powers and duties of the Department.
21In addition to powers and duties otherwise provided by law,
22the Department shall have the following powers and duties:

 

 

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1    (1) To evaluate all programs, services, and facilities for
2the aged and for minority senior citizens within the State and
3determine the extent to which present public or private
4programs, services and facilities meet the needs of the aged.
5    (2) To coordinate and evaluate all programs, services, and
6facilities for the Aging and for minority senior citizens
7presently furnished by State agencies and make appropriate
8recommendations regarding such services, programs and
9facilities to the Governor and/or the General Assembly.
10    (2-a) To request, receive, and share information
11electronically through the use of data-sharing agreements for
12the purpose of (i) establishing and verifying the initial and
13continuing eligibility of older adults to participate in
14programs administered by the Department; (ii) maximizing
15federal financial participation in State assistance
16expenditures; and (iii) investigating allegations of fraud or
17other abuse of publicly funded benefits. Notwithstanding any
18other law to the contrary, but only for the limited purposes
19identified in the preceding sentence, this paragraph (2-a)
20expressly authorizes the exchanges of income, identification,
21and other pertinent eligibility information by and among the
22Department and the Social Security Administration, the
23Department of Employment Security, the Department of
24Healthcare and Family Services, the Department of Human
25Services, the Department of Revenue, the Secretary of State,
26the U.S. Department of Veterans Affairs, and any other

 

 

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1governmental entity. The confidentiality of information
2otherwise shall be maintained as required by law. In addition,
3the Department on Aging shall verify employment information at
4the request of a community care provider for the purpose of
5ensuring program integrity under the Community Care Program.
6    (3) To function as the sole State agency to develop a
7comprehensive plan to meet the needs of the State's senior
8citizens and the State's minority senior citizens.
9    (4) To receive and disburse State and federal funds made
10available directly to the Department including those funds
11made available under the Older Americans Act and the Senior
12Community Service Employment Program for providing services
13for senior citizens and minority senior citizens or for
14purposes related thereto, and shall develop and administer any
15State Plan for the Aging required by federal law.
16    (5) To solicit, accept, hold, and administer in behalf of
17the State any grants or legacies of money, securities, or
18property to the State of Illinois for services to senior
19citizens and minority senior citizens or purposes related
20thereto.
21    (6) To provide consultation and assistance to communities,
22area agencies on aging, and groups developing local services
23for senior citizens and minority senior citizens.
24    (7) To promote community education regarding the problems
25of senior citizens and minority senior citizens through
26institutes, publications, radio, television and the local

 

 

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1press.
2    (8) To cooperate with agencies of the federal government
3in studies and conferences designed to examine the needs of
4senior citizens and minority senior citizens and to prepare
5programs and facilities to meet those needs.
6    (9) To establish and maintain information and referral
7sources throughout the State when not provided by other
8agencies.
9    (10) To provide the staff support that may reasonably be
10required by the Council.
11    (11) To make and enforce rules and regulations necessary
12and proper to the performance of its duties.
13    (12) To establish and fund programs or projects or
14experimental facilities that are specially designed as
15alternatives to institutional care.
16    (13) To develop a training program to train the counselors
17presently employed by the Department's aging network to
18provide Medicare beneficiaries with counseling and advocacy in
19Medicare, private health insurance, and related health care
20coverage plans. The Department shall report to the General
21Assembly on the implementation of the training program on or
22before December 1, 1986.
23    (14) To make a grant to an institution of higher learning
24to study the feasibility of establishing and implementing an
25affirmative action employment plan for the recruitment,
26hiring, training and retraining of persons 60 or more years

 

 

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1old for jobs for which their employment would not be precluded
2by law.
3    (15) To present one award annually in each of the
4categories of community service, education, the performance
5and graphic arts, and the labor force to outstanding Illinois
6senior citizens and minority senior citizens in recognition of
7their individual contributions to either community service,
8education, the performance and graphic arts, or the labor
9force. The awards shall be presented to 4 senior citizens and
10minority senior citizens selected from a list of 44 nominees
11compiled annually by the Department. Nominations shall be
12solicited from senior citizens' service providers, area
13agencies on aging, senior citizens' centers, and senior
14citizens' organizations. If there are no nominations in a
15category, the Department may award a second person in one of
16the remaining categories. The Department shall establish a
17central location within the State to be designated as the
18Senior Illinoisans Hall of Fame for the public display of all
19the annual awards, or replicas thereof.
20    (16) To establish multipurpose senior centers through area
21agencies on aging and to fund those new and existing
22multipurpose senior centers through area agencies on aging,
23the establishment and funding to begin in such areas of the
24State as the Department shall designate by rule and as
25specifically appropriated funds become available.
26    (17) (Blank).

 

 

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1    (18) To develop a pamphlet in English and Spanish which
2may be used by physicians licensed to practice medicine in all
3of its branches pursuant to the Medical Practice Act of 1987,
4pharmacists licensed pursuant to the Pharmacy Practice Act,
5and Illinois residents 65 years of age or older for the purpose
6of assisting physicians, pharmacists, and patients in
7monitoring prescriptions provided by various physicians and to
8aid persons 65 years of age or older in complying with
9directions for proper use of pharmaceutical prescriptions. The
10pamphlet may provide space for recording information including
11but not limited to the following:
12        (a) name and telephone number of the patient;
13        (b) name and telephone number of the prescribing
14    physician;
15        (c) date of prescription;
16        (d) name of drug prescribed;
17        (e) directions for patient compliance; and
18        (f) name and telephone number of dispensing pharmacy.
19    In developing the pamphlet, the Department shall consult
20with the Illinois State Medical Society, the Center for
21Minority Health Services, the Illinois Pharmacists Association
22and senior citizens organizations. The Department shall
23distribute the pamphlets to physicians, pharmacists and
24persons 65 years of age or older or various senior citizen
25organizations throughout the State.
26    (19) To conduct a study of the feasibility of implementing

 

 

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1the Senior Companion Program throughout the State.
2    (20) The reimbursement rates paid through the community
3care program for chore housekeeping services and home care
4aides shall be the same.
5    (21) From funds appropriated to the Department from the
6Meals on Wheels Fund, a special fund in the State treasury that
7is hereby created, and in accordance with State and federal
8guidelines and the intrastate funding formula, to make grants
9to area agencies on aging, designated by the Department, for
10the sole purpose of delivering meals to homebound persons 60
11years of age and older.
12    (22) To distribute, through its area agencies on aging,
13information alerting seniors on safety issues regarding
14emergency weather conditions, including extreme heat and cold,
15flooding, tornadoes, electrical storms, and other severe storm
16weather. The information shall include all necessary
17instructions for safety and all emergency telephone numbers of
18organizations that will provide additional information and
19assistance.
20    (23) To develop guidelines for the organization and
21implementation of Volunteer Services Credit Programs to be
22administered by Area Agencies on Aging or community based
23senior service organizations. The Department shall hold public
24hearings on the proposed guidelines for public comment,
25suggestion, and determination of public interest. The
26guidelines shall be based on the findings of other states and

 

 

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1of community organizations in Illinois that are currently
2operating volunteer services credit programs or demonstration
3volunteer services credit programs. The Department shall offer
4guidelines for all aspects of the programs including, but not
5limited to, the following:
6        (a) types of services to be offered by volunteers;
7        (b) types of services to be received upon the
8    redemption of service credits;
9        (c) issues of liability for the volunteers and the
10    administering organizations;
11        (d) methods of tracking service credits earned and
12    service credits redeemed;
13        (e) issues of time limits for redemption of service
14    credits;
15        (f) methods of recruitment of volunteers;
16        (g) utilization of community volunteers, community
17    service groups, and other resources for delivering
18    services to be received by service credit program clients;
19        (h) accountability and assurance that services will be
20    available to individuals who have earned service credits;
21    and
22        (i) volunteer screening and qualifications.
23The Department shall submit a written copy of the guidelines
24to the General Assembly by July 1, 1998.
25    (24) To function as the sole State agency to receive and
26disburse State and federal funds for providing adult

 

 

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1protective services in a domestic living situation in
2accordance with the Adult Protective Services Act.
3    (25) To hold conferences, trainings, and other programs
4for which the Department shall determine by rule a reasonable
5fee to cover related administrative costs. Rules to implement
6the fee authority granted by this paragraph (25) must be
7adopted in accordance with all provisions of the Illinois
8Administrative Procedure Act and all rules and procedures of
9the Joint Committee on Administrative Rules; any purported
10rule not so adopted, for whatever reason, is unauthorized.
11(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
12eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
 
13    (20 ILCS 105/4.02)
14    Sec. 4.02. Community Care Program. The Department shall
15establish a program of services to prevent unnecessary
16institutionalization of persons age 60 and older in need of
17long term care or who are established as persons who suffer
18from Alzheimer's disease or a related disorder under the
19Alzheimer's Disease Assistance Act, thereby enabling them to
20remain in their own homes or in other living arrangements.
21Such preventive services, which may be coordinated with other
22programs for the aged and monitored by area agencies on aging
23in cooperation with the Department, may include, but are not
24limited to, any or all of the following:
25        (a) (blank);

 

 

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1        (b) (blank);
2        (c) home care aide services;
3        (d) personal assistant services;
4        (e) adult day services;
5        (f) home-delivered meals;
6        (g) education in self-care;
7        (h) personal care services;
8        (i) adult day health services;
9        (j) habilitation services;
10        (k) respite care;
11        (k-5) community reintegration services;
12        (k-6) flexible senior services;
13        (k-7) medication management;
14        (k-8) emergency home response;
15        (l) other nonmedical social services that may enable
16    the person to become self-supporting; or
17        (m) (blank). clearinghouse for information provided by
18    senior citizen home owners who want to rent rooms to or
19    share living space with other senior citizens.
20    The Department shall establish eligibility standards for
21such services. In determining the amount and nature of
22services for which a person may qualify, consideration shall
23not be given to the value of cash, property, or other assets
24held in the name of the person's spouse pursuant to a written
25agreement dividing marital property into equal but separate
26shares or pursuant to a transfer of the person's interest in a

 

 

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1home to his spouse, provided that the spouse's share of the
2marital property is not made available to the person seeking
3such services.
4    The Beginning January 1, 2008, the Department shall
5require as a condition of eligibility that all new financially
6eligible applicants apply for and enroll in medical assistance
7under Article V of the Illinois Public Aid Code in accordance
8with rules promulgated by the Department.
9    The Department shall, in conjunction with the Department
10of Public Aid (now Department of Healthcare and Family
11Services), seek appropriate amendments under Sections 1915 and
121924 of the Social Security Act. The purpose of the amendments
13shall be to extend eligibility for home and community based
14services under Sections 1915 and 1924 of the Social Security
15Act to persons who transfer to or for the benefit of a spouse
16those amounts of income and resources allowed under Section
171924 of the Social Security Act. Subject to the approval of
18such amendments, the Department shall extend the provisions of
19Section 5-4 of the Illinois Public Aid Code to persons who, but
20for the provision of home or community-based services, would
21require the level of care provided in an institution, as is
22provided for in federal law. Those persons no longer found to
23be eligible for receiving noninstitutional services due to
24changes in the eligibility criteria shall be given 45 days
25notice prior to actual termination. Those persons receiving
26notice of termination may contact the Department and request

 

 

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1the determination be appealed at any time during the 45 day
2notice period. The target population identified for the
3purposes of this Section are persons age 60 and older with an
4identified service need. Priority shall be given to those who
5are at imminent risk of institutionalization. The services
6shall be provided to eligible persons age 60 and older to the
7extent that the cost of the services together with the other
8personal maintenance expenses of the persons are reasonably
9related to the standards established for care in a group
10facility appropriate to the person's condition. These
11non-institutional services, pilot projects, or experimental
12facilities may be provided as part of or in addition to those
13authorized by federal law or those funded and administered by
14the Department of Human Services. The Departments of Human
15Services, Healthcare and Family Services, Public Health,
16Veterans' Affairs, and Commerce and Economic Opportunity and
17other appropriate agencies of State, federal, and local
18governments shall cooperate with the Department on Aging in
19the establishment and development of the non-institutional
20services. The Department shall require an annual audit from
21all personal assistant and home care aide vendors contracting
22with the Department under this Section. The annual audit shall
23assure that each audited vendor's procedures are in compliance
24with Department's financial reporting guidelines requiring an
25administrative and employee wage and benefits cost split as
26defined in administrative rules. The audit is a public record

 

 

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1under the Freedom of Information Act. The Department shall
2execute, relative to the nursing home prescreening project,
3written inter-agency agreements with the Department of Human
4Services and the Department of Healthcare and Family Services,
5to effect the following: (1) intake procedures and common
6eligibility criteria for those persons who are receiving
7non-institutional services; and (2) the establishment and
8development of non-institutional services in areas of the
9State where they are not currently available or are
10undeveloped. On and after July 1, 1996, all nursing home
11prescreenings for individuals 60 years of age or older shall
12be conducted by the Department.
13    As part of the Department on Aging's routine training of
14case managers and case manager supervisors, the Department may
15include information on family futures planning for persons who
16are age 60 or older and who are caregivers of their adult
17children with developmental disabilities. The content of the
18training shall be at the Department's discretion.
19    The Department is authorized to establish a system of
20recipient copayment for services provided under this Section,
21such copayment to be based upon the recipient's ability to pay
22but in no case to exceed the actual cost of the services
23provided. Additionally, any portion of a person's income which
24is equal to or less than the federal poverty standard shall not
25be considered by the Department in determining the copayment.
26The level of such copayment shall be adjusted whenever

 

 

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1necessary to reflect any change in the officially designated
2federal poverty standard.
3    The Department, or the Department's authorized
4representative, may recover the amount of moneys expended for
5services provided to or in behalf of a person under this
6Section by a claim against the person's estate or against the
7estate of the person's surviving spouse, but no recovery may
8be had until after the death of the surviving spouse, if any,
9and then only at such time when there is no surviving child who
10is under age 21 or blind or who has a permanent and total
11disability. This paragraph, however, shall not bar recovery,
12at the death of the person, of moneys for services provided to
13the person or in behalf of the person under this Section to
14which the person was not entitled; provided that such recovery
15shall not be enforced against any real estate while it is
16occupied as a homestead by the surviving spouse or other
17dependent, if no claims by other creditors have been filed
18against the estate, or, if such claims have been filed, they
19remain dormant for failure of prosecution or failure of the
20claimant to compel administration of the estate for the
21purpose of payment. This paragraph shall not bar recovery from
22the estate of a spouse, under Sections 1915 and 1924 of the
23Social Security Act and Section 5-4 of the Illinois Public Aid
24Code, who precedes a person receiving services under this
25Section in death. All moneys for services paid to or in behalf
26of the person under this Section shall be claimed for recovery

 

 

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1from the deceased spouse's estate. "Homestead", as used in
2this paragraph, means the dwelling house and contiguous real
3estate occupied by a surviving spouse or relative, as defined
4by the rules and regulations of the Department of Healthcare
5and Family Services, regardless of the value of the property.
6    The Department shall increase the effectiveness of the
7existing Community Care Program by:
8        (1) ensuring that in-home services included in the
9    care plan are available on evenings and weekends;
10        (2) ensuring that care plans contain the services that
11    eligible participants need based on the number of days in
12    a month, not limited to specific blocks of time, as
13    identified by the comprehensive assessment tool selected
14    by the Department for use statewide, not to exceed the
15    total monthly service cost maximum allowed for each
16    service; the Department shall develop administrative rules
17    to implement this item (2);
18        (3) ensuring that the participants have the right to
19    choose the services contained in their care plan and to
20    direct how those services are provided, based on
21    administrative rules established by the Department;
22        (4) (blank); ensuring that the determination of need
23    tool is accurate in determining the participants' level of
24    need; to achieve this, the Department, in conjunction with
25    the Older Adult Services Advisory Committee, shall
26    institute a study of the relationship between the

 

 

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1    Determination of Need scores, level of need, service cost
2    maximums, and the development and utilization of service
3    plans no later than May 1, 2008; findings and
4    recommendations shall be presented to the Governor and the
5    General Assembly no later than January 1, 2009;
6    recommendations shall include all needed changes to the
7    service cost maximums schedule and additional covered
8    services;
9        (5) ensuring that homemakers can provide personal care
10    services that may or may not involve contact with clients,
11    including, but not limited to:
12            (A) bathing;
13            (B) grooming;
14            (C) toileting;
15            (D) nail care;
16            (E) transferring;
17            (F) respiratory services;
18            (G) exercise; or
19            (H) positioning;
20        (6) ensuring that homemaker program vendors are not
21    restricted from hiring homemakers who are family members
22    of clients or recommended by clients; the Department may
23    not, by rule or policy, require homemakers who are family
24    members of clients or recommended by clients to accept
25    assignments in homes other than the client;
26        (7) ensuring that the State may access maximum federal

 

 

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1    matching funds by seeking approval for the Centers for
2    Medicare and Medicaid Services for modifications to the
3    State's home and community based services waiver and
4    additional waiver opportunities, including applying for
5    enrollment in the Balance Incentive Payment Program by May
6    1, 2013, in order to maximize federal matching funds; this
7    shall include, but not be limited to, modification that
8    reflects all changes in the Community Care Program
9    services and all increases in the services cost maximum;
10        (8) ensuring that the determination of need tool
11    accurately reflects the service needs of individuals with
12    Alzheimer's disease and related dementia disorders;
13        (9) ensuring that services are authorized accurately
14    and consistently for the Community Care Program (CCP); the
15    Department shall implement a Service Authorization policy
16    directive; the purpose shall be to ensure that eligibility
17    and services are authorized accurately and consistently in
18    the CCP program; the policy directive shall clarify
19    service authorization guidelines to Care Coordination
20    Units and Community Care Program providers no later than
21    May 1, 2013;
22        (10) working in conjunction with Care Coordination
23    Units, the Department of Healthcare and Family Services,
24    the Department of Human Services, Community Care Program
25    providers, and other stakeholders to make improvements to
26    the Medicaid claiming processes and the Medicaid

 

 

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1    enrollment procedures or requirements as needed,
2    including, but not limited to, specific policy changes or
3    rules to improve the up-front enrollment of participants
4    in the Medicaid program and specific policy changes or
5    rules to insure more prompt submission of bills to the
6    federal government to secure maximum federal matching
7    dollars as promptly as possible; the Department on Aging
8    shall have at least 3 meetings with stakeholders by
9    January 1, 2014 in order to address these improvements;
10        (11) requiring home care service providers to comply
11    with the rounding of hours worked provisions under the
12    federal Fair Labor Standards Act (FLSA) and as set forth
13    in 29 CFR 785.48(b) by May 1, 2013;
14        (12) implementing any necessary policy changes or
15    promulgating any rules, no later than January 1, 2014, to
16    assist the Department of Healthcare and Family Services in
17    moving as many participants as possible, consistent with
18    federal regulations, into coordinated care plans if a care
19    coordination plan that covers long term care is available
20    in the recipient's area; and
21        (13) (blank). maintaining fiscal year 2014 rates at
22    the same level established on January 1, 2013.
23    By January 1, 2009 or as soon after the end of the Cash and
24Counseling Demonstration Project as is practicable, the
25Department may, based on its evaluation of the demonstration
26project, promulgate rules concerning personal assistant

 

 

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1services, to include, but need not be limited to,
2qualifications, employment screening, rights under fair labor
3standards, training, fiduciary agent, and supervision
4requirements. All applicants shall be subject to the
5provisions of the Health Care Worker Background Check Act.
6    The Department shall develop procedures to enhance
7availability of services on evenings, weekends, and on an
8emergency basis to meet the respite needs of caregivers.
9Procedures shall be developed to permit the utilization of
10services in successive blocks of 24 hours up to the monthly
11maximum established by the Department. Workers providing these
12services shall be appropriately trained.
13    No Beginning on the effective date of this amendatory Act
14of 1991, no person may perform chore/housekeeping and home
15care aide services under a program authorized by this Section
16unless that person has been issued a certificate of
17pre-service to do so by his or her employing agency.
18Information gathered to effect such certification shall
19include (i) the person's name, (ii) the date the person was
20hired by his or her current employer, and (iii) the training,
21including dates and levels. Persons engaged in the program
22authorized by this Section before the effective date of this
23amendatory Act of 1991 shall be issued a certificate of all
24pre-service pre- and in-service training from his or her
25employer upon submitting the necessary information. The
26employing agency shall be required to retain records of all

 

 

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1staff pre-service pre- and in-service training, and shall
2provide such records to the Department upon request and upon
3termination of the employer's contract with the Department. In
4addition, the employing agency is responsible for the issuance
5of certifications of in-service training completed to their
6employees.
7    The Department is required to develop a system to ensure
8that persons working as home care aides and personal
9assistants receive increases in their wages when the federal
10minimum wage is increased by requiring vendors to certify that
11they are meeting the federal minimum wage statute for home
12care aides and personal assistants. An employer that cannot
13ensure that the minimum wage increase is being given to home
14care aides and personal assistants shall be denied any
15increase in reimbursement costs.
16    The Community Care Program Advisory Committee is created
17in the Department on Aging. The Director shall appoint
18individuals to serve in the Committee, who shall serve at
19their own expense. Members of the Committee must abide by all
20applicable ethics laws. The Committee shall advise the
21Department on issues related to the Department's program of
22services to prevent unnecessary institutionalization. The
23Committee shall meet on a bi-monthly basis and shall serve to
24identify and advise the Department on present and potential
25issues affecting the service delivery network, the program's
26clients, and the Department and to recommend solution

 

 

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1strategies. Persons appointed to the Committee shall be
2appointed on, but not limited to, their own and their agency's
3experience with the program, geographic representation, and
4willingness to serve. The Director shall appoint members to
5the Committee to represent provider, advocacy, policy
6research, and other constituencies committed to the delivery
7of high quality home and community-based services to older
8adults. Representatives shall be appointed to ensure
9representation from community care providers, including, but
10not limited to, adult day service providers, homemaker
11providers, case coordination and case management units,
12emergency home response providers, statewide trade or labor
13unions that represent home care aides and direct care staff,
14area agencies on aging, adults over age 60, membership
15organizations representing older adults, and other
16organizational entities, providers of care, or individuals
17with demonstrated interest and expertise in the field of home
18and community care as determined by the Director.
19    Nominations may be presented from any agency or State
20association with interest in the program. The Director, or his
21or her designee, shall serve as the permanent co-chair of the
22advisory committee. One other co-chair shall be nominated and
23approved by the members of the committee on an annual basis.
24Committee members' terms of appointment shall be for 4 years
25with one-quarter of the appointees' terms expiring each year.
26A member shall continue to serve until his or her replacement

 

 

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1is named. The Department shall fill vacancies that have a
2remaining term of over one year, and this replacement shall
3occur through the annual replacement of expiring terms. The
4Director shall designate Department staff to provide technical
5assistance and staff support to the committee. Department
6representation shall not constitute membership of the
7committee. All Committee papers, issues, recommendations,
8reports, and meeting memoranda are advisory only. The
9Director, or his or her designee, shall make a written report,
10as requested by the Committee, regarding issues before the
11Committee.
12    The Department on Aging and the Department of Human
13Services shall cooperate in the development and submission of
14an annual report on programs and services provided under this
15Section. Such joint report shall be filed with the Governor
16and the General Assembly on or before March 31 of the following
17fiscal year.
18    The requirement for reporting to the General Assembly
19shall be satisfied by filing copies of the report as required
20by Section 3.1 of the General Assembly Organization Act and
21filing such additional copies with the State Government Report
22Distribution Center for the General Assembly as is required
23under paragraph (t) of Section 7 of the State Library Act.
24    Those persons previously found eligible for receiving
25non-institutional services whose services were discontinued
26under the Emergency Budget Act of Fiscal Year 1992, and who do

 

 

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1not meet the eligibility standards in effect on or after July
21, 1992, shall remain ineligible on and after July 1, 1992.
3Those persons previously not required to cost-share and who
4were required to cost-share effective March 1, 1992, shall
5continue to meet cost-share requirements on and after July 1,
61992. Beginning July 1, 1992, all clients will be required to
7meet eligibility, cost-share, and other requirements and will
8have services discontinued or altered when they fail to meet
9these requirements.
10    For the purposes of this Section, "flexible senior
11services" refers to services that require one-time or periodic
12expenditures, including, but not limited to, respite care,
13home modification, assistive technology, housing assistance,
14and transportation.
15    The Department shall implement an electronic service
16verification based on global positioning systems or other
17cost-effective technology for the Community Care Program no
18later than January 1, 2014.
19    The Department shall require, as a condition of
20eligibility, application for enrollment in the medical
21assistance program under Article V of the Illinois Public Aid
22Code (i) beginning August 1, 2013, if the Auditor General has
23reported that the Department has failed to comply with the
24reporting requirements of Section 2-27 of the Illinois State
25Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
26General has reported that the Department has not undertaken

 

 

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

 

 

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1include an annual report on Care Coordination Unit performance
2and adherence to service guidelines and a 6-month supplemental
3report.
4    The Department shall conduct a quarterly review of Care
5Coordination Unit performance and adherence to service
6guidelines. The quarterly review shall be reported to the
7Speaker of the House of Representatives, the Minority Leader
8of the House of Representatives, the President of the Senate,
9and the Minority Leader of the Senate. The Department shall
10collect and report longitudinal data on the performance of
11each care coordination unit. Nothing in this paragraph shall
12be construed to require the Department to identify specific
13care coordination units.
14    In regard to community care providers, failure to comply
15with Department on Aging policies shall be cause for
16disciplinary action, including, but not limited to,
17disqualification from serving Community Care Program clients.
18Each provider, upon submission of any bill or invoice to the
19Department for payment for services rendered, shall include a
20notarized statement, under penalty of perjury pursuant to
21Section 1-109 of the Code of Civil Procedure, that the
22provider has complied with all Department policies.
23    The Director of the Department on Aging shall make
24information available to the State Board of Elections as may
25be required by an agreement the State Board of Elections has
26entered into with a multi-state voter registration list

 

 

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1maintenance system.
2    Within 30 days after July 6, 2017 (the effective date of
3Public Act 100-23), rates shall be increased to $18.29 per
4hour, for the purpose of increasing, by at least $.72 per hour,
5the wages paid by those vendors to their employees who provide
6homemaker services. The Department shall pay an enhanced rate
7under the Community Care Program to those in-home service
8provider agencies that offer health insurance coverage as a
9benefit to their direct service worker employees consistent
10with the mandates of Public Act 95-713. For State fiscal years
112018 and 2019, the enhanced rate shall be $1.77 per hour. The
12rate shall be adjusted using actuarial analysis based on the
13cost of care, but shall not be set below $1.77 per hour. The
14Department shall adopt rules, including emergency rules under
15subsections (y) and (bb) of Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this paragraph.
18    The Department shall pay an enhanced rate of at least
19$1.77 per unit under the Community Care Program to those
20in-home service provider agencies that offer health insurance
21coverage as a benefit to their direct service worker employees
22pursuant to rules adopted by the Department. The Department
23shall review the enhanced rate as part of its process to rebase
24in-home service provider reimbursement rates pursuant to
25federal waiver requirements. Subject to federal approval,
26beginning on January 1, 2024, rates for adult day services

 

 

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1shall be increased to $16.84 per hour and rates for each way
2transportation services for adult day services shall be
3increased to $12.44 per unit transportation.
4    Subject to federal approval, on and after January 1, 2024,
5rates for homemaker services shall be increased to $28.07 to
6sustain a minimum wage of $17 per hour for direct service
7workers. Rates in subsequent State fiscal years shall be no
8lower than the rates put into effect upon federal approval.
9Providers of in-home services shall be required to certify to
10the Department that they remain in compliance with the
11mandated wage increase for direct service workers. Fringe
12benefits, including, but not limited to, paid time off and
13payment for training, health insurance, travel, or
14transportation, shall not be reduced in relation to the rate
15increases described in this paragraph.
16    The General Assembly finds it necessary to authorize an
17aggressive Medicaid enrollment initiative designed to maximize
18federal Medicaid funding for the Community Care Program which
19produces significant savings for the State of Illinois. The
20Department on Aging shall establish and implement a Community
21Care Program Medicaid Initiative. Under the Initiative, the
22Department on Aging shall, at a minimum: (i) provide an
23enhanced rate to adequately compensate care coordination units
24to enroll eligible Community Care Program clients into
25Medicaid; (ii) use recommendations from a stakeholder
26committee on how best to implement the Initiative; and (iii)

 

 

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1establish requirements for State agencies to make enrollment
2in the State's Medical Assistance program easier for seniors.
3    The Community Care Program Medicaid Enrollment Oversight
4Subcommittee is created as a subcommittee of the Older Adult
5Services Advisory Committee established in Section 35 of the
6Older Adult Services Act to make recommendations on how best
7to increase the number of medical assistance recipients who
8are enrolled in the Community Care Program. The Subcommittee
9shall consist of all of the following persons who must be
10appointed within 30 days after June 4, 2018 (the effective
11date of Public Act 100-587) this amendatory Act of the 100th
12General Assembly:
13        (1) The Director of Aging, or his or her designee, who
14    shall serve as the chairperson of the Subcommittee.
15        (2) One representative of the Department of Healthcare
16    and Family Services, appointed by the Director of
17    Healthcare and Family Services.
18        (3) One representative of the Department of Human
19    Services, appointed by the Secretary of Human Services.
20        (4) One individual representing a care coordination
21    unit, appointed by the Director of Aging.
22        (5) One individual from a non-governmental statewide
23    organization that advocates for seniors, appointed by the
24    Director of Aging.
25        (6) One individual representing Area Agencies on
26    Aging, appointed by the Director of Aging.

 

 

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1        (7) One individual from a statewide association
2    dedicated to Alzheimer's care, support, and research,
3    appointed by the Director of Aging.
4        (8) One individual from an organization that employs
5    persons who provide services under the Community Care
6    Program, appointed by the Director of Aging.
7        (9) One member of a trade or labor union representing
8    persons who provide services under the Community Care
9    Program, appointed by the Director of Aging.
10        (10) One member of the Senate, who shall serve as
11    co-chairperson, appointed by the President of the Senate.
12        (11) One member of the Senate, who shall serve as
13    co-chairperson, appointed by the Minority Leader of the
14    Senate.
15        (12) One member of the House of Representatives, who
16    shall serve as co-chairperson, appointed by the Speaker of
17    the House of Representatives.
18        (13) One member of the House of Representatives, who
19    shall serve as co-chairperson, appointed by the Minority
20    Leader of the House of Representatives.
21        (14) One individual appointed by a labor organization
22    representing frontline employees at the Department of
23    Human Services.
24    The Subcommittee shall provide oversight to the Community
25Care Program Medicaid Initiative and shall meet quarterly. At
26each Subcommittee meeting the Department on Aging shall

 

 

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1provide the following data sets to the Subcommittee: (A) the
2number of Illinois residents, categorized by planning and
3service area, who are receiving services under the Community
4Care Program and are enrolled in the State's Medical
5Assistance Program; (B) the number of Illinois residents,
6categorized by planning and service area, who are receiving
7services under the Community Care Program, but are not
8enrolled in the State's Medical Assistance Program; and (C)
9the number of Illinois residents, categorized by planning and
10service area, who are receiving services under the Community
11Care Program and are eligible for benefits under the State's
12Medical Assistance Program, but are not enrolled in the
13State's Medical Assistance Program. In addition to this data,
14the Department on Aging shall provide the Subcommittee with
15plans on how the Department on Aging will reduce the number of
16Illinois residents who are not enrolled in the State's Medical
17Assistance Program but who are eligible for medical assistance
18benefits. The Department on Aging shall enroll in the State's
19Medical Assistance Program those Illinois residents who
20receive services under the Community Care Program and are
21eligible for medical assistance benefits but are not enrolled
22in the State's Medicaid Assistance Program. The data provided
23to the Subcommittee shall be made available to the public via
24the Department on Aging's website.
25    The Department on Aging, with the involvement of the
26Subcommittee, shall collaborate with the Department of Human

 

 

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1Services and the Department of Healthcare and Family Services
2on how best to achieve the responsibilities of the Community
3Care Program Medicaid Initiative.
4    The Department on Aging, the Department of Human Services,
5and the Department of Healthcare and Family Services shall
6coordinate and implement a streamlined process for seniors to
7access benefits under the State's Medical Assistance Program.
8    The Subcommittee shall collaborate with the Department of
9Human Services on the adoption of a uniform application
10submission process. The Department of Human Services and any
11other State agency involved with processing the medical
12assistance application of any person enrolled in the Community
13Care Program shall include the appropriate care coordination
14unit in all communications related to the determination or
15status of the application.
16    The Community Care Program Medicaid Initiative shall
17provide targeted funding to care coordination units to help
18seniors complete their applications for medical assistance
19benefits. On and after July 1, 2019, care coordination units
20shall receive no less than $200 per completed application,
21which rate may be included in a bundled rate for initial intake
22services when Medicaid application assistance is provided in
23conjunction with the initial intake process for new program
24participants.
25    The Community Care Program Medicaid Initiative shall cease
26operation 5 years after June 4, 2018 (the effective date of

 

 

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1Public Act 100-587) this amendatory Act of the 100th General
2Assembly, after which the Subcommittee shall dissolve.
3    Effective July 1, 2023, subject to federal approval, the
4Department on Aging shall reimburse Care Coordination Units at
5the following rates for case management services: $252.40 for
6each initial assessment; $366.40 for each initial assessment
7with translation; $229.68 for each redetermination assessment;
8$313.68 for each redetermination assessment with translation;
9$200.00 for each completed application for medical assistance
10benefits; $132.26 for each face-to-face, choices-for-care
11screening; $168.26 for each face-to-face, choices-for-care
12screening with translation; $124.56 for each 6-month,
13face-to-face visit; $132.00 for each MCO participant
14eligibility determination; and $157.00 for each MCO
15participant eligibility determination with translation.
16(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
17103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
18Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
19Section 90-5, eff. 1-1-24; revised 12-12-23.)

 
20    (20 ILCS 105/5.03 new)
21    Sec. 5.03. Judicial review. All final administrative
22decisions of the Department are subject to judicial review in
23accordance with the provisions of the Administrative Review
24Law, and all rules adopted under the Administrative Review
25Law. The term "administrative decision" is defined as in

 

 

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1Section 3-101 of the Code of Civil Procedure.
2    Proceedings for judicial review shall be commenced in the
3circuit court of the county in which the party applying for
4review resides; however, if the party is not a resident of this
5State, the venue shall be Sangamon County.