Full Text of HB5057 93rd General Assembly
HB5057enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning seniors.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Section 4.02 and by adding Section 4.12 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The Department shall establish a program of | 8 |
| services to
prevent unnecessary institutionalization of | 9 |
| persons age 60 and older in
need of long term care or who are | 10 |
| established as persons who suffer from
Alzheimer's disease or a | 11 |
| related disorder under the Alzheimer's Disease
Assistance Act, | 12 |
| thereby enabling them
to remain in their own homes or in other | 13 |
| living arrangements. Such
preventive services, which may be | 14 |
| coordinated with other programs for the
aged and monitored by | 15 |
| area agencies on aging in cooperation with the
Department, may | 16 |
| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) homemaker services;
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| (d) chore and housekeeping services;
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| (e) day care services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (l) other nonmedical social services that may enable | 30 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 32 |
| citizen home owners
who want to rent rooms to or share |
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| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 3 |
| such
services taking into consideration the unique economic and | 4 |
| social needs
of the target population for whom they are to be | 5 |
| provided. Such eligibility
standards shall be based on the | 6 |
| recipient's ability to pay for services;
provided, however, | 7 |
| that in determining the amount and nature of services
for which | 8 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 10 |
| person's
spouse pursuant to a written agreement dividing | 11 |
| marital property into equal
but separate shares or pursuant to | 12 |
| a transfer of the person's interest in a
home to his spouse, | 13 |
| provided that the spouse's share of the marital
property is not | 14 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 16 |
| condition of
eligibility that all financially eligible | 17 |
| applicants and recipients apply
for medical assistance
under | 18 |
| Article V of the Illinois Public Aid Code in accordance with | 19 |
| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 21 |
| Public Aid,
seek appropriate amendments under Sections 1915 and | 22 |
| 1924 of the Social
Security Act. The purpose of the amendments | 23 |
| shall be to extend eligibility
for home and community based | 24 |
| services under Sections 1915 and 1924 of the
Social Security | 25 |
| Act to persons who transfer to or for the benefit of a
spouse | 26 |
| those amounts of income and resources allowed under Section | 27 |
| 1924 of
the Social Security Act. Subject to the approval of | 28 |
| such amendments, the
Department shall extend the provisions of | 29 |
| Section 5-4 of the Illinois
Public Aid Code to persons who, but | 30 |
| for the provision of home or
community-based services, would | 31 |
| require the level of care provided in an
institution, as is | 32 |
| provided for in federal law. Those persons no longer
found to | 33 |
| be eligible for receiving noninstitutional services due to | 34 |
| changes
in the eligibility criteria shall be given 60 days | 35 |
| notice prior to actual
termination. Those persons receiving | 36 |
| notice of termination may contact the
Department and request |
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| the determination be appealed at any time during the
60 day | 2 |
| notice period. With the exception of the lengthened notice and | 3 |
| time
frame for the appeal request, the appeal process shall | 4 |
| follow the normal
procedure. In addition, each person affected | 5 |
| regardless of the
circumstances for discontinued eligibility | 6 |
| shall be given notice and the
opportunity to purchase the | 7 |
| necessary services through the Community Care
Program. If the | 8 |
| individual does not elect to purchase services, the
Department | 9 |
| shall advise the individual of alternative services. The target
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| population identified for the purposes of this Section are | 11 |
| persons age 60
and older with an identified service need. | 12 |
| Priority shall be given to those
who are at imminent risk of | 13 |
| institutionalization. The services shall be
provided to | 14 |
| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the | 18 |
| person's
condition. These non-institutional services, pilot | 19 |
| projects or
experimental facilities may be provided as part of | 20 |
| or in addition to
those authorized by federal law or those | 21 |
| funded and administered by the
Department of Human Services. | 22 |
| The Departments of Human Services, Public Aid,
Public Health, | 23 |
| Veterans' Affairs, and Commerce and Economic Opportunity
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| Community Affairs and
other appropriate agencies of State, | 25 |
| federal and local governments shall
cooperate with the | 26 |
| Department on Aging in the establishment and development
of the | 27 |
| non-institutional services. The Department shall require an | 28 |
| annual
audit from all chore/housekeeping and homemaker vendors | 29 |
| contracting with
the Department under this Section. The annual | 30 |
| audit shall assure that each
audited vendor's procedures are in | 31 |
| compliance with Department's financial
reporting guidelines | 32 |
| requiring a 27% administrative cost split and a 73%
employee | 33 |
| wages and benefits cost split. The audit is a public record | 34 |
| under
the Freedom of Information Act. The Department shall | 35 |
| execute, relative to
the nursing home prescreening project, | 36 |
| written inter-agency
agreements with the Department of Human |
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| Services and the Department
of Public Aid, to effect the | 2 |
| following: (1) intake procedures and common
eligibility | 3 |
| criteria for those persons who are receiving non-institutional
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| services; and (2) the establishment and development of | 5 |
| non-institutional
services in areas of the State where they are | 6 |
| not currently available or are
undeveloped. On and after July | 7 |
| 1, 1996, all nursing home prescreenings for
individuals 60 | 8 |
| years of age or older shall be conducted by the Department.
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| The Department is authorized to establish a system of | 10 |
| recipient copayment
for services provided under this Section, | 11 |
| such copayment to be based upon
the recipient's ability to pay | 12 |
| but in no case to exceed the actual cost of
the services | 13 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 15 |
| be
considered by the Department in determining the copayment. | 16 |
| The level of
such copayment shall be adjusted whenever | 17 |
| necessary to reflect any change
in the officially designated | 18 |
| federal poverty standard.
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| The Department, or the Department's authorized | 20 |
| representative, shall
recover the amount of moneys expended for | 21 |
| services provided to or in
behalf of a person under this | 22 |
| Section by a claim against the person's
estate or against the | 23 |
| estate of the person's surviving spouse, but no
recovery may be | 24 |
| had until after the death of the surviving spouse, if
any, and | 25 |
| then only at such time when there is no surviving child who
is | 26 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 28 |
| person, of
moneys for services provided to the person or in | 29 |
| behalf of the person under
this Section to which the person was | 30 |
| not entitled;
provided that such recovery shall not be enforced | 31 |
| against any real estate while
it is occupied as a homestead by | 32 |
| the surviving spouse or other dependent, if no
claims by other | 33 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 35 |
| prosecution or
failure of the claimant to compel administration | 36 |
| of the estate for the purpose
of payment. This paragraph shall |
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| not bar recovery from the estate of a spouse,
under Sections | 2 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving | 4 |
| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be | 6 |
| claimed for
recovery from the deceased spouse's estate. | 7 |
| "Homestead", as used
in this paragraph, means the dwelling | 8 |
| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the | 10 |
| Illinois Department
of Public Aid, regardless of the value of | 11 |
| the property.
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| The Department shall develop procedures to enhance | 13 |
| availability of
services on evenings, weekends, and on an | 14 |
| emergency basis to meet the
respite needs of caregivers. | 15 |
| Procedures shall be developed to permit the
utilization of | 16 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 18 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 20 |
| 1991, no person
may perform chore/housekeeping and homemaker | 21 |
| services under a program
authorized by this Section unless that | 22 |
| person has been issued a certificate
of pre-service to do so by | 23 |
| his or her employing agency. Information
gathered to effect | 24 |
| such certification shall include (i) the person's name,
(ii) | 25 |
| the date the person was hired by his or her current employer, | 26 |
| and
(iii) the training, including dates and levels. Persons | 27 |
| engaged in the
program authorized by this Section before the | 28 |
| effective date of this
amendatory Act of 1991 shall be issued a | 29 |
| certificate of all pre- and
in-service training from his or her | 30 |
| employer upon submitting the necessary
information. The | 31 |
| employing agency shall be required to retain records of
all | 32 |
| staff pre- and in-service training, and shall provide such | 33 |
| records to
the Department upon request and upon termination of | 34 |
| the employer's contract
with the Department. In addition, the | 35 |
| employing agency is responsible for
the issuance of | 36 |
| certifications of in-service training completed to their
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| employees.
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| The Department is required to develop a system to ensure | 3 |
| that persons
working as homemakers and chore housekeepers | 4 |
| receive increases in their
wages when the federal minimum wage | 5 |
| is increased by requiring vendors to
certify that they are | 6 |
| meeting the federal minimum wage statute for homemakers
and | 7 |
| chore housekeepers. An employer that cannot ensure that the | 8 |
| minimum
wage increase is being given to homemakers and chore | 9 |
| housekeepers
shall be denied any increase in reimbursement | 10 |
| costs.
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| The Department on Aging and the Department of Human | 12 |
| Services
shall cooperate in the development and submission of | 13 |
| an annual report on
programs and services provided under this | 14 |
| Section. Such joint report
shall be filed with the Governor and | 15 |
| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall | 17 |
| be satisfied
by filing copies of the report with the Speaker, | 18 |
| the Minority Leader and
the Clerk of the House of | 19 |
| Representatives and the President, the Minority
Leader and the | 20 |
| Secretary of the Senate and the Legislative Research Unit,
as | 21 |
| required by Section 3.1 of the General Assembly Organization | 22 |
| Act and
filing such additional copies with the State Government | 23 |
| Report Distribution
Center for the General Assembly as is | 24 |
| required under paragraph (t) of
Section 7 of the State Library | 25 |
| Act.
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| Those persons previously found eligible for receiving | 27 |
| non-institutional
services whose services were discontinued | 28 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 29 |
| not meet the eligibility standards in effect
on or after July | 30 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 31 |
| Those persons previously not required to cost-share and who | 32 |
| were
required to cost-share effective March 1, 1992, shall | 33 |
| continue to meet
cost-share requirements on and after July 1, | 34 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 35 |
| meet
eligibility, cost-share, and other requirements and will | 36 |
| have services
discontinued or altered when they fail to meet |
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| these requirements.
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| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised | 3 |
| 12-6-03.)
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| (20 ILCS 105/4.12 new) | 5 |
| Sec. 4.12. Assistance to nursing home residents. | 6 |
| (a) The Department on Aging shall assist eligible nursing | 7 |
| home residents and their families to select long-term care | 8 |
| options that meet their needs and reflect their preferences. At | 9 |
| any time during the process, the resident or his or her | 10 |
| representative may decline further assistance. | 11 |
| (b) To provide assistance, the Department shall develop a | 12 |
| program of transition services with follow-up in selected areas | 13 |
| of the State, to be expanded statewide as funding becomes | 14 |
| available. The program shall be developed in consultation with | 15 |
| nursing homes, case managers, Area Agencies on Aging, and | 16 |
| others interested in the well-being of frail elderly Illinois | 17 |
| residents. The Department shall establish administrative rules | 18 |
| pursuant to the Illinois Administrative Procedure Act with | 19 |
| respect to resident eligibility, assessment of the resident's | 20 |
| health, cognitive, social, and financial needs, development of | 21 |
| comprehensive service transition plans, and the level of | 22 |
| services that must be available prior to transition of a | 23 |
| resident into the community. | 24 |
| Section 10. The Illinois Public Aid Code is amended by | 25 |
| adding Section 5-5d as follows: | 26 |
| (305 ILCS 5/5-5d new) | 27 |
| Sec. 5-5d. Transition services. The Department of Public | 28 |
| Aid shall apply for any necessary waivers pursuant to Section | 29 |
| 1915(c) of the Social Security Act to facilitate transition | 30 |
| services. Nothing in this Section shall be construed as | 31 |
| limiting current similar programs by the Department of Human | 32 |
| Services or the Department on Aging.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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