Illinois General Assembly - Full Text of SB0274
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Full Text of SB0274  99th General Assembly



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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:

5    Section 5-5. The Illinois Act on the Aging is amended by
6changing Section 4.02 as follows:
7    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
8    Sec. 4.02. Community Care Program. The Department shall
9establish a program of services to prevent unnecessary
10institutionalization of persons age 60 and older in need of
11long term care or who are established as persons who suffer
12from Alzheimer's disease or a related disorder under the
13Alzheimer's Disease Assistance Act, thereby enabling them to
14remain in their own homes or in other living arrangements. Such
15preventive services, which may be coordinated with other
16programs for the aged and monitored by area agencies on aging
17in cooperation with the Department, may include, but are not
18limited to, any or all of the following:
19        (a) (blank);
20        (b) (blank);
21        (c) home care aide services;
22        (d) personal assistant services;



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



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1    Beginning January 1, 2008, the Department shall require as
2a condition of eligibility that all new financially eligible
3applicants apply for and enroll in medical assistance under
4Article V of the Illinois Public Aid Code in accordance with
5rules promulgated by the Department.
6    The Department shall, in conjunction with the Department of
7Public Aid (now Department of Healthcare and Family Services),
8seek appropriate amendments under Sections 1915 and 1924 of the
9Social Security Act. The purpose of the amendments shall be to
10extend eligibility for home and community based services under
11Sections 1915 and 1924 of the Social Security Act to persons
12who transfer to or for the benefit of a spouse those amounts of
13income and resources allowed under Section 1924 of the Social
14Security Act. Subject to the approval of such amendments, the
15Department shall extend the provisions of Section 5-4 of the
16Illinois Public Aid Code to persons who, but for the provision
17of home or community-based services, would require the level of
18care provided in an institution, as is provided for in federal
19law. Those persons no longer found to be eligible for receiving
20noninstitutional services due to changes in the eligibility
21criteria shall be given 45 days notice prior to actual
22termination. Those persons receiving notice of termination may
23contact the Department and request the determination be
24appealed at any time during the 45 day notice period. The
25target population identified for the purposes of this Section
26are persons age 60 and older with an identified service need.



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



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



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1services provided to or in behalf of a person under this
2Section by a claim against the person's estate or against the
3estate of the person's surviving spouse, but no recovery may be
4had until after the death of the surviving spouse, if any, and
5then only at such time when there is no surviving child who is
6under age 21, blind, or permanently and totally disabled. This
7paragraph, however, shall not bar recovery, at the death of the
8person, of moneys for services provided to the person or in
9behalf of the person under this Section to which the person was
10not entitled; provided that such recovery shall not be enforced
11against any real estate while it is occupied as a homestead by
12the surviving spouse or other dependent, if no claims by other
13creditors have been filed against the estate, or, if such
14claims have been filed, they remain dormant for failure of
15prosecution or failure of the claimant to compel administration
16of the estate for the purpose of payment. This paragraph shall
17not bar recovery from the estate of a spouse, under Sections
181915 and 1924 of the Social Security Act and Section 5-4 of the
19Illinois Public Aid Code, who precedes a person receiving
20services under this Section in death. All moneys for services
21paid to or in behalf of the person under this Section shall be
22claimed for recovery from the deceased spouse's estate.
23"Homestead", as used in this paragraph, means the dwelling
24house and contiguous real estate occupied by a surviving spouse
25or relative, as defined by the rules and regulations of the
26Department of Healthcare and Family Services, regardless of the



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1value of the property.
2    The Department shall increase the effectiveness of the
3existing Community Care Program by:
4        (1) ensuring that in-home services included in the care
5    plan are available on evenings and weekends;
6        (2) ensuring that care plans contain the services that
7    eligible participants need based on the number of days in a
8    month, not limited to specific blocks of time, as
9    identified by the comprehensive assessment tool selected
10    by the Department for use statewide, not to exceed the
11    total monthly service cost maximum allowed for each
12    service; the Department shall develop administrative rules
13    to implement this item (2);
14        (3) ensuring that the participants have the right to
15    choose the services contained in their care plan and to
16    direct how those services are provided, based on
17    administrative rules established by the Department;
18        (4) ensuring that the determination of need tool is
19    accurate in determining the participants' level of need; to
20    achieve this, the Department, in conjunction with the Older
21    Adult Services Advisory Committee, shall institute a study
22    of the relationship between the Determination of Need
23    scores, level of need, service cost maximums, and the
24    development and utilization of service plans no later than
25    May 1, 2008; findings and recommendations shall be
26    presented to the Governor and the General Assembly no later



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1    than January 1, 2009; recommendations shall include all
2    needed changes to the service cost maximums schedule and
3    additional covered services;
4        (5) ensuring that homemakers can provide personal care
5    services that may or may not involve contact with clients,
6    including but not limited to:
7            (A) bathing;
8            (B) grooming;
9            (C) toileting;
10            (D) nail care;
11            (E) transferring;
12            (F) respiratory services;
13            (G) exercise; or
14            (H) positioning;
15        (6) ensuring that homemaker program vendors are not
16    restricted from hiring homemakers who are family members of
17    clients or recommended by clients; the Department may not,
18    by rule or policy, require homemakers who are family
19    members of clients or recommended by clients to accept
20    assignments in homes other than the client;
21        (7) ensuring that the State may access maximum federal
22    matching funds by seeking approval for the Centers for
23    Medicare and Medicaid Services for modifications to the
24    State's home and community based services waiver and
25    additional waiver opportunities, including applying for
26    enrollment in the Balance Incentive Payment Program by May



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1    1, 2013, in order to maximize federal matching funds; this
2    shall include, but not be limited to, modification that
3    reflects all changes in the Community Care Program services
4    and all increases in the services cost maximum;
5        (8) ensuring that the determination of need tool
6    accurately reflects the service needs of individuals with
7    Alzheimer's disease and related dementia disorders;
8        (9) ensuring that services are authorized accurately
9    and consistently for the Community Care Program (CCP); the
10    Department shall implement a Service Authorization policy
11    directive; the purpose shall be to ensure that eligibility
12    and services are authorized accurately and consistently in
13    the CCP program; the policy directive shall clarify service
14    authorization guidelines to Care Coordination Units and
15    Community Care Program providers no later than May 1, 2013;
16        (10) working in conjunction with Care Coordination
17    Units, the Department of Healthcare and Family Services,
18    the Department of Human Services, Community Care Program
19    providers, and other stakeholders to make improvements to
20    the Medicaid claiming processes and the Medicaid
21    enrollment procedures or requirements as needed,
22    including, but not limited to, specific policy changes or
23    rules to improve the up-front enrollment of participants in
24    the Medicaid program and specific policy changes or rules
25    to insure more prompt submission of bills to the federal
26    government to secure maximum federal matching dollars as



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1    promptly as possible; the Department on Aging shall have at
2    least 3 meetings with stakeholders by January 1, 2014 in
3    order to address these improvements;
4        (11) requiring home care service providers to comply
5    with the rounding of hours worked provisions under the
6    federal Fair Labor Standards Act (FLSA) and as set forth in
7    29 CFR 785.48(b) by May 1, 2013;
8        (12) implementing any necessary policy changes or
9    promulgating any rules, no later than January 1, 2014, to
10    assist the Department of Healthcare and Family Services in
11    moving as many participants as possible, consistent with
12    federal regulations, into coordinated care plans if a care
13    coordination plan that covers long term care is available
14    in the recipient's area; and
15        (13) maintaining fiscal year 2014 rates at the same
16    level established on January 1, 2013.
17    By January 1, 2009 or as soon after the end of the Cash and
18Counseling Demonstration Project as is practicable, the
19Department may, based on its evaluation of the demonstration
20project, promulgate rules concerning personal assistant
21services, to include, but need not be limited to,
22qualifications, employment screening, rights under fair labor
23standards, training, fiduciary agent, and supervision
24requirements. All applicants shall be subject to the provisions
25of the Health Care Worker Background Check Act.
26    The Department shall develop procedures to enhance



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1availability of services on evenings, weekends, and on an
2emergency basis to meet the respite needs of caregivers.
3Procedures shall be developed to permit the utilization of
4services in successive blocks of 24 hours up to the monthly
5maximum established by the Department. Workers providing these
6services shall be appropriately trained.
7    Beginning on the effective date of this Amendatory Act of
81991, no person may perform chore/housekeeping and home care
9aide services under a program authorized by this Section unless
10that person has been issued a certificate of pre-service to do
11so by his or her employing agency. Information gathered to
12effect such certification shall include (i) the person's name,
13(ii) the date the person was hired by his or her current
14employer, and (iii) the training, including dates and levels.
15Persons engaged in the program authorized by this Section
16before the effective date of this amendatory Act of 1991 shall
17be issued a certificate of all pre- and in-service training
18from his or her employer upon submitting the necessary
19information. The employing agency shall be required to retain
20records of all staff pre- and in-service training, and shall
21provide such records to the Department upon request and upon
22termination of the employer's contract with the Department. In
23addition, the employing agency is responsible for the issuance
24of certifications of in-service training completed to their
26    The Department is required to develop a system to ensure



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1that persons working as home care aides and personal assistants
2receive increases in their wages when the federal minimum wage
3is increased by requiring vendors to certify that they are
4meeting the federal minimum wage statute for home care aides
5and personal assistants. An employer that cannot ensure that
6the minimum wage increase is being given to home care aides and
7personal assistants shall be denied any increase in
8reimbursement costs.
9    The Community Care Program Advisory Committee is created in
10the Department on Aging. The Director shall appoint individuals
11to serve in the Committee, who shall serve at their own
12expense. Members of the Committee must abide by all applicable
13ethics laws. The Committee shall advise the Department on
14issues related to the Department's program of services to
15prevent unnecessary institutionalization. The Committee shall
16meet on a bi-monthly basis and shall serve to identify and
17advise the Department on present and potential issues affecting
18the service delivery network, the program's clients, and the
19Department and to recommend solution strategies. Persons
20appointed to the Committee shall be appointed on, but not
21limited to, their own and their agency's experience with the
22program, geographic representation, and willingness to serve.
23The Director shall appoint members to the Committee to
24represent provider, advocacy, policy research, and other
25constituencies committed to the delivery of high quality home
26and community-based services to older adults. Representatives



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1shall be appointed to ensure representation from community care
2providers including, but not limited to, adult day service
3providers, homemaker providers, case coordination and case
4management units, emergency home response providers, statewide
5trade or labor unions that represent home care aides and direct
6care staff, area agencies on aging, adults over age 60,
7membership organizations representing older adults, and other
8organizational entities, providers of care, or individuals
9with demonstrated interest and expertise in the field of home
10and community care as determined by the Director.
11    Nominations may be presented from any agency or State
12association with interest in the program. The Director, or his
13or her designee, shall serve as the permanent co-chair of the
14advisory committee. One other co-chair shall be nominated and
15approved by the members of the committee on an annual basis.
16Committee members' terms of appointment shall be for 4 years
17with one-quarter of the appointees' terms expiring each year. A
18member shall continue to serve until his or her replacement is
19named. The Department shall fill vacancies that have a
20remaining term of over one year, and this replacement shall
21occur through the annual replacement of expiring terms. The
22Director shall designate Department staff to provide technical
23assistance and staff support to the committee. Department
24representation shall not constitute membership of the
25committee. All Committee papers, issues, recommendations,
26reports, and meeting memoranda are advisory only. The Director,



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1or his or her designee, shall make a written report, as
2requested by the Committee, regarding issues before the
4    The Department on Aging and the Department of Human
5Services shall cooperate in the development and submission of
6an annual report on programs and services provided under this
7Section. Such joint report shall be filed with the Governor and
8the General Assembly on or before September 30 each year.
9    The requirement for reporting to the General Assembly shall
10be satisfied by filing copies of the report with the Speaker,
11the Minority Leader and the Clerk of the House of
12Representatives and the President, the Minority Leader and the
13Secretary of the Senate and the Legislative Research Unit, as
14required by Section 3.1 of the General Assembly Organization
15Act and filing such additional copies with the State Government
16Report Distribution Center for the General Assembly as is
17required under paragraph (t) of Section 7 of the State Library
19    Those persons previously found eligible for receiving
20non-institutional services whose services were discontinued
21under the Emergency Budget Act of Fiscal Year 1992, and who do
22not meet the eligibility standards in effect on or after July
231, 1992, shall remain ineligible on and after July 1, 1992.
24Those persons previously not required to cost-share and who
25were required to cost-share effective March 1, 1992, shall
26continue to meet cost-share requirements on and after July 1,



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11992. Beginning July 1, 1992, all clients will be required to
2meet eligibility, cost-share, and other requirements and will
3have services discontinued or altered when they fail to meet
4these requirements.
5    For the purposes of this Section, "flexible senior
6services" refers to services that require one-time or periodic
7expenditures including, but not limited to, respite care, home
8modification, assistive technology, housing assistance, and
10    The Department shall implement an electronic service
11verification based on global positioning systems or other
12cost-effective technology for the Community Care Program no
13later than January 1, 2014.
14    The Department shall require, as a condition of
15eligibility, enrollment in the medical assistance program
16under Article V of the Illinois Public Aid Code (i) beginning
17August 1, 2013, if the Auditor General has reported that the
18Department has failed to comply with the reporting requirements
19of Section 2-27 of the Illinois State Auditing Act; or (ii)
20beginning June 1, 2014, if the Auditor General has reported
21that the Department has not undertaken the required actions
22listed in the report required by subsection (a) of Section 2-27
23of the Illinois State Auditing Act.
24    The Department shall delay Community Care Program services
25until an applicant is determined eligible for medical
26assistance under Article V of the Illinois Public Aid Code (i)



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1beginning August 1, 2013, if the Auditor General has reported
2that the Department has failed to comply with the reporting
3requirements of Section 2-27 of the Illinois State Auditing
4Act; or (ii) beginning June 1, 2014, if the Auditor General has
5reported that the Department has not undertaken the required
6actions listed in the report required by subsection (a) of
7Section 2-27 of the Illinois State Auditing Act.
8    The Department shall implement co-payments for the
9Community Care Program at the federally allowable maximum level
10(i) beginning August 1, 2013, if the Auditor General has
11reported that the Department has failed to comply with the
12reporting requirements of Section 2-27 of the Illinois State
13Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
14General has reported that the Department has not undertaken the
15required actions listed in the report required by subsection
16(a) of Section 2-27 of the Illinois State Auditing Act.
17    The Department shall provide a bi-monthly report on the
18progress of the Community Care Program reforms set forth in
19this amendatory Act of the 98th General Assembly to the
20Governor, the Speaker of the House of Representatives, the
21Minority Leader of the House of Representatives, the President
22of the Senate, and the Minority Leader of the Senate.
23    The Department shall conduct a quarterly review of Care
24Coordination Unit performance and adherence to service
25guidelines. The quarterly review shall be reported to the
26Speaker of the House of Representatives, the Minority Leader of



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1the House of Representatives, the President of the Senate, and
2the Minority Leader of the Senate. The Department shall collect
3and report longitudinal data on the performance of each care
4coordination unit. Nothing in this paragraph shall be construed
5to require the Department to identify specific care
6coordination units.
7    In regard to community care providers, failure to comply
8with Department on Aging policies shall be cause for
9disciplinary action, including, but not limited to,
10disqualification from serving Community Care Program clients.
11Each provider, upon submission of any bill or invoice to the
12Department for payment for services rendered, shall include a
13notarized statement, under penalty of perjury pursuant to
14Section 1-109 of the Code of Civil Procedure, that the provider
15has complied with all Department policies.
16    The Director of the Department on Aging shall make
17information available to the State Board of Elections as may be
18required by an agreement the State Board of Elections has
19entered into with a multi-state voter registration list
20maintenance system.
21    The Department shall pay an enhanced rate under the
22Community Care Program to those in-home service provider
23agencies that offer health insurance coverage as a benefit to
24their direct service worker employees consistent with the
25mandates of Public Act 95-713. The enhanced rate shall be no
26less than $1.61 per hour.



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1(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171,
2eff. 6-1-15.)
3    Section 5-10. The Department of Veterans Affairs Act is
4amended by changing Sections 2g, 2.03, and 2.04 as follows:
5    (20 ILCS 2805/2g)
6    Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois
7Veterans' Homes Fund is hereby created as a special fund in the
8State treasury. From appropriations to the Department from the
9Fund the Department shall purchase needed equipment and
10supplies to enhance the lives of the residents at and for to
11enhance the operations of veterans' homes in Illinois,
12including capital improvements, building rehabilitation, and
14(Source: P.A. 93-776, eff. 7-21-04.)
15    (20 ILCS 2805/2.03)  (from Ch. 126 1/2, par. 67.03)
16    Sec. 2.03. Admissions. Admissions to an Illinois Veterans
17Home are subject to the rules and regulations adopted by the
18Department of Veterans' Affairs to govern the admission of
20    Each resident of a Home is liable for the payment of sums
21representing maintenance charges for care at the Home at a rate
22to be determined by the Department, based on the resident's
23ability to pay. However, the charges shall not exceed the



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1average annual per capita cost of maintaining the resident in
2the Home. The Department, upon being furnished proof of
3payment, shall in its discretion make allowances for unusual
4expenses in determining the ability of the resident to pay
5maintenance charges.
6    The basis upon which the payment of maintenance charges
7shall be calculated by the Department is the average per capita
8cost for the care of all residents at each Home for the fiscal
9year immediately preceding the period for which the rate for
10each Home is being calculated.
11    The Department may require residents to pay charges
12monthly, quarterly, or otherwise as may be most suitably
13arranged for the individual members. The amounts received from
14each Home for the charges shall be transmitted to the Treasurer
15of the State of Illinois for deposit in the Illinois Veterans'
16Homes Fund each Veterans Home Fund, respectively.
17    The Department may investigate the financial condition of
18residents of a Home to determine their ability to pay
19maintenance charges and to establish standards as a basis of
20judgment for such determination. Such standards shall be
21recomputed periodically to reflect changes in the cost of
22living and other pertinent factors.
23    Refusal to pay the maintenance charges is cause for
24discharge of a resident from a Home.
25    The Department may collect any medical or health benefits
26to which a resident may become entitled through tax supported



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1or privately financed systems of insurance, as a result of his
2or her care or treatment in the facilities provided by the
3Department, or because of care or treatment in other facilities
4when such care or treatment has been paid for by the
6    Admission of a resident is not limited or conditioned in
7any manner by the financial status of the resident or his or
8her ability to pay maintenance charges.
9    The Department may accept and hold on behalf of the State,
10if for the public interest, a grant, gift, devise, or bequest
11of money or property to the Department made in trust for the
12maintenance or support of a resident of an Illinois Veterans
13Home or for any other legitimate purpose. The Department shall
14cause each gift, grant, devise, or bequest to be kept as a
15distinct fund and shall invest the same in the manner provided
16by the laws of this State relating to securities in which the
17deposit in savings banks may be invested. However, the
18Department may, at its discretion, deposit in a proper trust
19company, bank, or savings bank, during the continuance of the
20trust, any fund left in trust for the life of a person and
21shall adopt rules and regulations governing the deposit,
22transfer, or withdrawal of the fund. The Department shall, on
23the expiration of any trust as provided in any instrument
24creating the trust, dispose of the fund in the manner provided
25in the instrument. The Department shall include in its required
26reports a statement showing what funds are so held by it and



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1the condition of the funds; provided that monies found on
2residents at the time of their admission or accruing to them
3during their residence at a Home and monies deposited with the
4administrators by relatives, guardians, or friends of
5residents for the special comfort and pleasure of the resident
6shall remain in the custody of the administrators who shall act
7as trustees for disbursement to, on behalf of, or for the
8benefit of the resident. All types of retirement and pension
9benefits from private and public sources may be paid directly
10to the administrator of a Home for deposit to the resident
11trust fund account.
12(Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
13    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
14    Sec. 2.04. There shall be established in the State Treasury
15special funds known as (i) the LaSalle Veterans Home Fund, (ii)
16the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
17Fund, and (iv) the Quincy Veterans Home Fund. All moneys
18received by an Illinois Veterans Home from Medicare and from
19maintenance charges to veterans, spouses, and surviving
20spouses residing at that Home shall be paid into the Illinois
21Veterans' Homes Fund that Home's Fund. All moneys received from
22the U.S. Department of Veterans Affairs for patient care shall
23be transmitted to the Treasurer of the State for deposit in the
24Illinois Veterans' Homes Fund Veterans Home Fund for the Home
25in which the veteran resides. Appropriations shall be made from



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1the Illinois Veterans' Homes Fund a Fund only for the needs of
2the Illinois Veterans' Homes Home, including capital
3improvements, building rehabilitation, and repairs.
4    The administrator of each Veterans Home shall establish a
5locally-held member's benefits fund. Revenues accruing to an
6Illinois Veterans Home, including any donations, grants for the
7operation of the Home, profits from commissary stores, and
8funds received from any individual or other source, shall be
9deposited into that Home's benefits fund. Expenditures from the
10benefits funds shall be solely for the special comfort,
11pleasure, and amusement of residents. Contributors of
12unsolicited private donations may specify the purpose for which
13the private donations are to be used.
14    Upon request of the Department, the State's Attorney of the
15county in which a resident or living former resident of an
16Illinois Veterans Home who is liable under this Act for payment
17of sums representing maintenance charges resides shall file an
18action in a court of competent jurisdiction against any such
19person who fails or refuses to pay such sums. The court may
20order the payment of sums due to maintenance charges for such
21period or periods of time as the circumstances require.
22    Upon the death of a person who is or has been a resident of
23an Illinois Veterans Home who is liable for maintenance charges
24and who is possessed of property, the Department may present a
25claim for such sum or for the balance due in case less than the
26rate prescribed under this Act has been paid. The claim shall



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1be allowed and paid as other lawful claims against the estate.
2    The administrator of each Veterans Home shall establish a
3locally-held trust fund to maintain moneys held for residents.
4Whenever the Department finds it necessary to preserve order,
5preserve health, or enforce discipline, the resident shall
6deposit in a trust account at the Home such monies from any
7source of income as may be determined necessary, and
8disbursement of these funds to the resident shall be made only
9by direction of the administrator.
10    If a resident of an Illinois Veterans Home has a dependent
11child, spouse, or parent the administrator may require that all
12monies received be deposited in a trust account with dependency
13contributions being made at the direction of the administrator.
14The balance retained in the trust account shall be disbursed to
15the resident at the time of discharge from the Home or to his
16or her heirs or legal representative at the time of the
17resident's death, subject to Department regulations or order of
18the court.
19    The Director of Central Management Services, with the
20consent of the Director of Veterans' Affairs, is authorized and
21empowered to lease or let any real property held by the
22Department of Veterans' Affairs for an Illinois Veterans Home
23to entities or persons upon terms and conditions which are
24considered to be in the best interest of that Home. The real
25property must not be needed for any direct or immediate purpose
26of the Home. In any leasing or letting, primary consideration



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1shall be given to the use of real property for agricultural
2purposes, and all moneys received shall be transmitted to the
3Treasurer of the State for deposit in the Illinois Veterans'
4Homes Fund appropriate Veterans Home Fund.
5    Notwithstanding any other provision of law, in addition to
6any other transfers that may be provided by law, on July 1,
72015, or as soon thereafter as practical, the State Comptroller
8shall direct and the State Treasurer shall transfer the
9remaining balances from the LaSalle Veterans Home Fund, the
10Anna Veterans Home Fund, the Manteno Veterans Home Fund, and
11the Quincy Veterans Home Fund into the Illinois Veterans' Homes
12Fund. Upon completion of the transfers, the LaSalle Veterans
13Home Fund, the Anna Veterans Home Fund, the Manteno Veterans
14Home Fund, and the Quincy Veterans Home Fund are dissolved, and
15any future deposits due to those Funds and any outstanding
16obligations or liabilities of those Funds pass to the Illinois
17Veterans' Homes Fund.
18(Source: P.A. 97-297, eff. 1-1-12.)
19    Section 5-15. The State Finance Act is amended by changing
20Section 8g-1 as follows:
21    (30 ILCS 105/8g-1)
22    Sec. 8g-1. Fund transfers.
23    (a) In addition to any other transfers that may be provided
24for by law, on and after July 1, 2012 and until May 1, 2013, at



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1the direction of and upon notification from the Governor, the
2State Comptroller shall direct and the State Treasurer shall
3transfer amounts not exceeding a total of $80,000,000 from the
4General Revenue Fund to the Tobacco Settlement Recovery Fund.
5Any amounts so transferred shall be retransferred by the State
6Comptroller and the State Treasurer from the Tobacco Settlement
7Recovery Fund to the General Revenue Fund at the direction of
8and upon notification from the Governor, but in any event on or
9before June 30, 2013.
10    (b) In addition to any other transfers that may be provided
11for by law, on and after July 1, 2013 and until May 1, 2014, at
12the direction of and upon notification from the Governor, the
13State Comptroller shall direct and the State Treasurer shall
14transfer amounts not exceeding a total of $80,000,000 from the
15General Revenue Fund to the Tobacco Settlement Recovery Fund.
16Any amounts so transferred shall be retransferred by the State
17Comptroller and the State Treasurer from the Tobacco Settlement
18Recovery Fund to the General Revenue Fund at the direction of
19and upon notification from the Governor, but in any event on or
20before June 30, 2014.
21    (c) In addition to any other transfers that may be provided
22for by law, on July 1, 2013, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $1,400,000 from the General
25Revenue Fund to the ICJIA Violence Prevention Fund.
26    (d) In addition to any other transfers that may be provided



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1for by law, on July 1, 2013, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $1,500,000 from the General
4Revenue Fund to the Illinois Veterans Assistance Fund.
5    (e) In addition to any other transfers that may be provided
6for by law, on July 1, 2013, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $500,000 from the General
9Revenue Fund to the Senior Citizens Real Estate Deferred Tax
10Revolving Fund.
11    (f) In addition to any other transfers that may be provided
12for by law, on July 1, 2013, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $4,000,000 from the General
15Revenue Fund to the Digital Divide Elimination Fund.
16    (g) In addition to any other transfers that may be provided
17for by law, on July 1, 2013, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $5,000,000 from the General
20Revenue Fund to the Communications Revolving Fund.
21    (h) In addition to any other transfers that may be provided
22for by law, on July 1, 2013, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $9,800,000 from the General
25Revenue Fund to the Presidential Library and Museum Operating



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1    (i) In addition to any other transfers that may be provided
2for by law, on and after July 1, 2014 and until May 1, 2015, at
3the direction of and upon notification from the Governor, the
4State Comptroller shall direct and the State Treasurer shall
5transfer amounts not exceeding a total of $80,000,000 from the
6General Revenue Fund to the Tobacco Settlement Recovery Fund.
7Any amounts so transferred shall be retransferred by the State
8Comptroller and the State Treasurer from the Tobacco Settlement
9Recovery Fund to the General Revenue Fund at the direction of
10and upon notification from the Governor, but in any event on or
11before June 30, 2015.
12    (j) In addition to any other transfers that may be provided
13for by law, on July 1, 2014, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $10,000,000 from the
16General Revenue Fund to the Presidential Library and Museum
17Operating Fund.
18    (k) In addition to any other transfers that may be provided
19for by law, on and after July 1, 2015 and until May 1, 2016, at
20the direction of and upon notification from the Governor, the
21State Comptroller shall direct and the State Treasurer shall
22transfer amounts not exceeding a total of $80,000,000 from the
23General Revenue Fund to the Tobacco Settlement Recovery Fund.
24Any amounts so transferred shall be retransferred by the State
25Comptroller and the State Treasurer from the Tobacco Settlement
26Recovery Fund to the General Revenue Fund at the direction of



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1and upon notification from the Governor, but in any event on or
2before June 30, 2016.
3(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
498-674, eff. 6-30-14.)
5    (30 ILCS 105/5.27 rep.)
6    (30 ILCS 105/5.170 rep.)
7    (30 ILCS 105/5.243 rep.)
8    (30 ILCS 105/5.244 rep.)
9    Section 5-20. The State Finance Act is amended by repealing
10Sections 5.27, 5.170, 5.243, and 5.244.
11    Section 5-25. The Illinois Public Aid Code is amended by
12changing Section 9A-11 as follows:
13    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
14    Sec. 9A-11. Child Care.
15    (a) The General Assembly recognizes that families with
16children need child care in order to work. Child care is
17expensive and families with low incomes, including those who
18are transitioning from welfare to work, often struggle to pay
19the costs of day care. The General Assembly understands the
20importance of helping low income working families become and
21remain self-sufficient. The General Assembly also believes
22that it is the responsibility of families to share in the costs
23of child care. It is also the preference of the General



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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois Department
4shall provide child care services to parents or other relatives
5as defined by rule who are working or participating in
6employment or Department approved education or training
7programs. At a minimum, the Illinois Department shall cover the
8following categories of families:
9        (1) recipients of TANF under Article IV participating
10    in work and training activities as specified in the
11    personal plan for employment and self-sufficiency;
12        (2) families transitioning from TANF to work;
13        (3) families at risk of becoming recipients of TANF;
14        (4) families with special needs as defined by rule; and
15        (5) working families with very low incomes as defined
16    by rule.
17    The Department shall provide child care services to all
18children who (i) are eligible for assistance, and (ii) are
19under age 13, or who are under age 19 and under court
20supervision, or who have physical or mental incapacities as
21documented by a statement from a local health provider or other
22health professional.
23    The Department shall specify by rule the conditions of
24eligibility, the application process, and the types, amounts,
25and duration of services. Eligibility for child care benefits
26and the amount of child care provided may vary based on family



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1size, income, and other factors as specified by rule.
2    In determining income eligibility for child care benefits,
3the Department annually, at the beginning of each fiscal year,
4shall establish, by rule, one income threshold for each family
5size, in relation to percentage of State median income for a
6family of that size, that makes families with incomes below the
7specified threshold eligible for assistance and families with
8incomes above the specified threshold ineligible for
9assistance. Through and including fiscal year 2007, the
10specified threshold must be no less than 50% of the
11then-current State median income for each family size.
12Beginning in fiscal year 2008, the specified threshold must be
13no less than 185% of the then-current federal poverty level for
14each family size.
15    In determining eligibility for assistance, the Department
16shall not give preference to any category of recipients or give
17preference to individuals based on their receipt of benefits
18under this Code.
19    The Department shall allocate $7,500,000 annually for a
20test program for families who are income-eligible for child
21care assistance, who are not recipients of TANF under Article
22IV, and who need child care assistance to participate in
23education and training activities. The Department shall
24specify by rule the conditions of eligibility for this test
26    Nothing in this Section shall be construed as conferring



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1entitlement status to eligible families.
2    The Illinois Department is authorized to lower income
3eligibility ceilings, raise parent co-payments, create waiting
4lists, or take such other actions during a fiscal year as are
5necessary to ensure that child care benefits paid under this
6Article do not exceed the amounts appropriated for those child
7care benefits. These changes may be accomplished by emergency
8rule under Section 5-45 of the Illinois Administrative
9Procedure Act, except that the limitation on the number of
10emergency rules that may be adopted in a 24-month period shall
11not apply.
12    The Illinois Department may contract with other State
13agencies or child care organizations for the administration of
14child care services.
15    (c) Payment shall be made for child care that otherwise
16meets the requirements of this Section and applicable standards
17of State and local law and regulation, including any
18requirements the Illinois Department promulgates by rule in
19addition to the licensure requirements promulgated by the
20Department of Children and Family Services and Fire Prevention
21and Safety requirements promulgated by the Office of the State
22Fire Marshal and is provided in any of the following:
23        (1) a child care center which is licensed or exempt
24    from licensure pursuant to Section 2.09 of the Child Care
25    Act of 1969;
26        (2) a licensed child care home or home exempt from



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1    licensing;
2        (3) a licensed group child care home;
3        (4) other types of child care, including child care
4    provided by relatives or persons living in the same home as
5    the child, as determined by the Illinois Department by
6    rule.
7    (c-5) Solely for the purposes of coverage under the
8Illinois Public Labor Relations Act, child and day care home
9providers, including licensed and license exempt,
10participating in the Department's child care assistance
11program shall be considered to be public employees and the
12State of Illinois shall be considered to be their employer as
13of the effective date of this amendatory Act of the 94th
14General Assembly, but not before. The State shall engage in
15collective bargaining with an exclusive representative of
16child and day care home providers participating in the child
17care assistance program concerning their terms and conditions
18of employment that are within the State's control. Nothing in
19this subsection shall be understood to limit the right of
20families receiving services defined in this Section to select
21child and day care home providers or supervise them within the
22limits of this Section. The State shall not be considered to be
23the employer of child and day care home providers for any
24purposes not specifically provided in this amendatory Act of
25the 94th General Assembly, including but not limited to,
26purposes of vicarious liability in tort and purposes of



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1statutory retirement or health insurance benefits. Child and
2day care home providers shall not be covered by the State
3Employees Group Insurance Act of 1971.
4    In according child and day care home providers and their
5selected representative rights under the Illinois Public Labor
6Relations Act, the State intends that the State action
7exemption to application of federal and State antitrust laws be
8fully available to the extent that their activities are
9authorized by this amendatory Act of the 94th General Assembly.
10    (d) The Illinois Department shall establish, by rule, a
11co-payment scale that provides for cost sharing by families
12that receive child care services, including parents whose only
13income is from assistance under this Code. The co-payment shall
14be based on family income and family size and may be based on
15other factors as appropriate. Co-payments may be waived for
16families whose incomes are at or below the federal poverty
18    (d-5) The Illinois Department, in consultation with its
19Child Care and Development Advisory Council, shall develop a
20plan to revise the child care assistance program's co-payment
21scale. The plan shall be completed no later than February 1,
222008, and shall include:
23        (1) findings as to the percentage of income that the
24    average American family spends on child care and the
25    relative amounts that low-income families and the average
26    American family spend on other necessities of life;



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1        (2) recommendations for revising the child care
2    co-payment scale to assure that families receiving child
3    care services from the Department are paying no more than
4    they can reasonably afford;
5        (3) recommendations for revising the child care
6    co-payment scale to provide at-risk children with complete
7    access to Preschool for All and Head Start; and
8        (4) recommendations for changes in child care program
9    policies that affect the affordability of child care.
10    (e) (Blank).
11    (f) The Illinois Department shall, by rule, set rates to be
12paid for the various types of child care. Child care may be
13provided through one of the following methods:
14        (1) arranging the child care through eligible
15    providers by use of purchase of service contracts or
16    vouchers;
17        (2) arranging with other agencies and community
18    volunteer groups for non-reimbursed child care;
19        (3) (blank); or
20        (4) adopting such other arrangements as the Department
21    determines appropriate.
22    (f-5) (Blank).
23    (g) Families eligible for assistance under this Section
24shall be given the following options:
25        (1) receiving a child care certificate issued by the
26    Department or a subcontractor of the Department that may be



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1    used by the parents as payment for child care and
2    development services only; or
3        (2) if space is available, enrolling the child with a
4    child care provider that has a purchase of service contract
5    with the Department or a subcontractor of the Department
6    for the provision of child care and development services.
7    The Department may identify particular priority
8    populations for whom they may request special
9    consideration by a provider with purchase of service
10    contracts, provided that the providers shall be permitted
11    to maintain a balance of clients in terms of household
12    incomes and families and children with special needs, as
13    defined by rule.
14(Source: P.A. 97-422, eff. 8-16-11.)

16    Section 9-99. Effective date. This Act takes effect July 1,