Full Text of SB2743 93rd General Assembly
SB2743 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2743
Introduced 2/5/2004, by Mattie Hunter SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Consumer-Directed Care Act. Requires the Illinois
Department on Aging, in conjunction with the Illinois Department of Public Aid,
the
Illinois Department of Public Health, and the Illinois Department of Human
Services, to
establish the consumer-directed care program as a demonstration program.
Provides
eligibility requirements for those enrolled in the program. Provides that
consumers
enrolled in the program shall be given a monthly budget allowance based on the
results of
their assessed functional needs and the financial resources of the program.
Provides that
consumers may use the budget allowance to pay only for home and community-based
services that meet the consumer's long-term care needs and that are a
cost-efficient use of
funds. Sets forth the roles and responsibilities for consumers, State
agencies, and fiscal
intermediaries in administrating the program. Requires that all persons who
render care
under this Act must comply with the requirements of the Health Care Worker
Background Check Act. Requires the Department on Aging to submit an annual
report to
the General Assembly. Repeals the Act on January 1, 2008.
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A BILL FOR
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SB2743 |
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| AN ACT concerning health care.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as | 5 |
| the Illinois
Consumer-Directed
Care Act.
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| Section 5. Legislative findings. The General Assembly | 7 |
| finds that
alternatives
to institutional care, such as in-home | 8 |
| and community-based care, should be
encouraged.
The General | 9 |
| Assembly finds that giving recipients of in-home and
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| community-based
services the opportunity to select the | 11 |
| services they need and the providers
they want,
including | 12 |
| family and friends, enhances their sense of dignity and | 13 |
| autonomy. The
General
Assembly also finds that providing | 14 |
| consumers choice and control, as tested in
current
research and | 15 |
| demonstration projects, has been beneficial and should be
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| developed further
and implemented statewide.
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| Section 10. Legislative intent. It is the intent of the | 18 |
| General
Assembly to
nurture the autonomy of those citizens of | 19 |
| the State, of all ages, who have
disabilities by
providing the | 20 |
| long-term care services they need in the least restrictive and
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| appropriate
setting. It is the intent of the General Assembly | 22 |
| to give these individuals
more choices in
and greater control | 23 |
| over the purchased long-term care services that they
receive.
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| Section 15. Definitions. In this Act
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| "Budget allowance" means the amount of money made available | 26 |
| each month to
a consumer to purchase needed long-term care | 27 |
| services, based on the results of
a
functional needs | 28 |
| assessment.
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| "Consultant" means an individual who provides technical | 30 |
| assistance to
consumers in meeting their responsibilities |
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| under this Act.
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| "Consumer" means a person who has chosen to participate in | 3 |
| the program, has
met the enrollment requirements, and has | 4 |
| received an approved budget allowance.
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| "Department" means the Illinois Department on Aging.
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| "Fiscal intermediary" means an entity approved by the | 7 |
| Department that helps
the consumer manage the consumer's budget | 8 |
| allowance, retains the funds,
processes
employment | 9 |
| information, if any, and tax information, reviews records to | 10 |
| ensure
correctness, writes paychecks to providers, and | 11 |
| delivers paychecks to the
consumer for
distribution to | 12 |
| providers and caregivers.
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| "Provider" means (i) a person licensed or otherwise | 14 |
| permitted to render
services
eligible for reimbursement under | 15 |
| this Act for whom the consumer is not the
employer of
record or | 16 |
| (ii) a consumer-employed caregiver for whom the consumer is the
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| employer of
record.
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| "Representative" means an uncompensated individual | 19 |
| designated by the
consumer to assist in managing the consumer's | 20 |
| budget allowance and needed
services.
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| Section 20. Program established. Beginning July 1, 2004, | 22 |
| the Department, in
conjunction with the Illinois Department of | 23 |
| Public Aid, the Illinois Department
of Public
Health, and the | 24 |
| Illinois Department of Human Services, shall establish as a
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| demonstration
program the consumer-directed care program, | 26 |
| which shall be based on the
principles of
consumer choice and | 27 |
| control. The Department shall implement the demonstration
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| program upon federal approval. The program shall allow enrolled | 29 |
| persons to
choose the
providers of services and to direct the | 30 |
| delivery of services, to best meet
their long-term
care needs. | 31 |
| The program must operate within the funds appropriated.
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| Section 25. Eligibility and enrollment. Persons who are | 33 |
| enrolled in a
Medicaid
home and community-based waiver program | 34 |
| and are who able to direct their own
care or
to designate an |
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| eligible representative may choose to participate in the
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| consumer-directed
care program.
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| Section 30. Budget allowances. Consumers enrolled in the | 4 |
| program shall be
given a monthly budget allowance based on the | 5 |
| results of their assessed
functional needs
and the financial | 6 |
| resources of the program. Consumers shall receive the budget
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| allowance
directly from a Department-approved fiscal | 8 |
| intermediary. Each participating
State agency
shall develop | 9 |
| purchasing guidelines to assist consumers in using the budget
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| allowance to
purchase needed and cost-effective services. The | 11 |
| Department shall approve all
purchasing guidelines.
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| Section 35. Services. Consumers may use the budget | 13 |
| allowance to pay only
for
home and community-based services | 14 |
| that meet the consumer's long-term care needs
and
that are a | 15 |
| cost-efficient use of funds. These services may include, but | 16 |
| are not
limited to,
the following:
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| (1) Personal care.
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| (2) Homemaking and chores, including housework, meals, | 19 |
| shopping, and
transportation.
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| (3) Home modifications and assistive devices that may | 21 |
| increase the
consumer's
independence or make it possible to | 22 |
| avoid institutional placement.
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| (4) Assistance in taking self-administered medication.
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| (5) Day care and respite care services, including those | 25 |
| provided by
nursing home
facilities or by adult day care | 26 |
| facilities.
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| (6) Personal care and support services provided in an | 28 |
| assisted living
facility.
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| Section 40. Consumer roles and responsibilities.
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| (a) Consumers shall be allowed to choose the providers of | 31 |
| services, as well
as
when and how the services are provided. | 32 |
| Providers may include a consumer's
neighbor,
friend, spouse, or | 33 |
| relative.
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| (b) In cases where a consumer is the employer of record, | 2 |
| the consumer's
roles
and responsibilities include, but are not | 3 |
| limited to, the following:
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| (1) Developing a job description.
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| (2) Selecting caregivers and submitting information | 6 |
| for the
background screening as required by law.
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| (3) Communicating needs, preferences, and expectations | 8 |
| about
services being
purchased.
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| (4) Providing the fiscal intermediary with all | 10 |
| information necessary
for provider payments and tax | 11 |
| requirements.
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| (5) Ending the employment of an unsatisfactory | 13 |
| caregiver.
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| (c) In cases where a consumer is not the employer of | 15 |
| record, the consumer's
roles and responsibilities include, but | 16 |
| are not limited to, the following:
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| (1) Communicating needs, preferences, and expectations | 18 |
| about
services being
purchased.
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| (2) Ending the services of an unsatisfactory provider.
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| (3) Providing the fiscal agent with all information | 21 |
| necessary for
provider payments and tax requirements.
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| Section 45. Agency and Department roles and | 23 |
| responsibilities. The
Department's and the other participating | 24 |
| State agencies' roles and
responsibilities
include, but are not | 25 |
| limited to, the following:
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| (1) Assessing each consumer's functional needs, | 27 |
| helping with the service
plan,
and providing ongoing | 28 |
| assistance with the service plan.
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| (2) Offering the services of consultants to provide | 30 |
| training,
technical
assistance, and support to the | 31 |
| consumer.
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| (3) Completing the background screening for providers.
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| (4) Approving fiscal intermediaries.
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| (5) Establishing the minimum qualifications for all | 35 |
| caregivers and
providers
and being the final arbiter of the |
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| fitness of any individual to be a caregiver
or provider.
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| Section 50. Fiscal intermediary roles and | 3 |
| responsibilities. The fiscal
intermediary's roles and | 4 |
| responsibilities include, but are not limited to, the
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| following:
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| (1) Providing recordkeeping services.
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| (2) Retaining the consumer-directed care funds, | 8 |
| processing employment
and
tax information, if any, | 9 |
| reviewing records to ensure correctness, writing
paychecks | 10 |
| to
providers, and delivering paychecks to the consumer for | 11 |
| distribution.
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| Section 55. Background screening requirements. All persons | 13 |
| who render
care
under this Act must comply with the | 14 |
| requirements of the Health Care Worker
Background Check Act.
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| Section 60. Rules; federal waivers. The Department and the | 16 |
| other
participating
State agencies may adopt and enforce rules | 17 |
| concerning the consumer-directed
care
program. The Department | 18 |
| shall take all necessary action to ensure State
compliance with
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| federal regulations.
The Department shall apply for any | 20 |
| necessary federal waivers or waiver
amendments needed to | 21 |
| implement the program.
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| Section 65. Reviews and reports. The Department and all | 23 |
| other
participating
State agencies shall each, on an ongoing | 24 |
| basis, review and assess the
implementation of
the | 25 |
| consumer-directed care program. By January 15 of each year, | 26 |
| beginning in
2004, the
Department shall submit a written report | 27 |
| to the General Assembly that includes
the
Department's and all | 28 |
| other State agencies' review of the program and
recommendations
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| for improvements to the program.
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| Section 70. Repeal. The Illinois Consumer-Directed Care | 31 |
| Act is repealed on
January 1, 2008.
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