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


Rep. Barbara Flynn Currie

Filed: 5/28/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 274 by replacing
3everything after the enacting clause with the following:

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



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1programs for the aged and monitored by area agencies on aging
2in cooperation with the Department, may include, but are not
3limited to, any or all of the following:
4        (a) (blank);
5        (b) (blank);
6        (c) home care aide services;
7        (d) personal assistant services;
8        (e) adult day services;
9        (f) home-delivered meals;
10        (g) education in self-care;
11        (h) personal care services;
12        (i) adult day health services;
13        (j) habilitation services;
14        (k) respite care;
15        (k-5) community reintegration services;
16        (k-6) flexible senior services;
17        (k-7) medication management;
18        (k-8) emergency home response;
19        (l) other nonmedical social services that may enable
20    the person to become self-supporting; or
21        (m) clearinghouse for information provided by senior
22    citizen home owners who want to rent rooms to or share
23    living space with other senior citizens.
24    The Department shall establish eligibility standards for
25such services. In determining the amount and nature of services
26for which a person may qualify, consideration shall not be



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1given to the value of cash, property or other assets held in
2the name of the person's spouse pursuant to a written agreement
3dividing marital property into equal but separate shares or
4pursuant to a transfer of the person's interest in a home to
5his spouse, provided that the spouse's share of the marital
6property is not made available to the person seeking such
8    Beginning January 1, 2008, the Department shall require as
9a condition of eligibility that all new financially eligible
10applicants apply for and enroll in medical assistance under
11Article V of the Illinois Public Aid Code in accordance with
12rules promulgated by the Department.
13    The Department shall, in conjunction with the Department of
14Public Aid (now Department of Healthcare and Family Services),
15seek appropriate amendments under Sections 1915 and 1924 of the
16Social Security Act. The purpose of the amendments shall be to
17extend eligibility for home and community based services under
18Sections 1915 and 1924 of the Social Security Act to persons
19who transfer to or for the benefit of a spouse those amounts of
20income and resources allowed under Section 1924 of the Social
21Security Act. Subject to the approval of such amendments, the
22Department shall extend the provisions of Section 5-4 of the
23Illinois Public Aid Code to persons who, but for the provision
24of home or community-based services, would require the level of
25care provided in an institution, as is provided for in federal
26law. Those persons no longer found to be eligible for receiving



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



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



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1is equal to or less than the federal poverty standard shall not
2be considered by the Department in determining the copayment.
3The level of such copayment shall be adjusted whenever
4necessary to reflect any change in the officially designated
5federal poverty standard.
6    The Department, or the Department's authorized
7representative, may recover the amount of moneys expended for
8services provided to or in behalf of a person under this
9Section by a claim against the person's estate or against the
10estate of the person's surviving spouse, but no recovery may be
11had until after the death of the surviving spouse, if any, and
12then only at such time when there is no surviving child who is
13under age 21, blind, or permanently and totally disabled. This
14paragraph, however, shall not bar recovery, at the death of the
15person, of moneys for services provided to the person or in
16behalf of the person under this Section to which the person was
17not entitled; provided that such recovery shall not be enforced
18against any real estate while it is occupied as a homestead by
19the surviving spouse or other dependent, if no claims by other
20creditors have been filed against the estate, or, if such
21claims have been filed, they remain dormant for failure of
22prosecution or failure of the claimant to compel administration
23of the estate for the purpose of payment. This paragraph shall
24not bar recovery from the estate of a spouse, under Sections
251915 and 1924 of the Social Security Act and Section 5-4 of the
26Illinois Public Aid Code, who precedes a person receiving



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



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



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



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



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1project, promulgate rules concerning personal assistant
2services, to include, but need not be limited to,
3qualifications, employment screening, rights under fair labor
4standards, training, fiduciary agent, and supervision
5requirements. All applicants shall be subject to the provisions
6of the Health Care Worker Background Check Act.
7    The Department shall develop procedures to enhance
8availability of services on evenings, weekends, and on an
9emergency basis to meet the respite needs of caregivers.
10Procedures shall be developed to permit the utilization of
11services in successive blocks of 24 hours up to the monthly
12maximum established by the Department. Workers providing these
13services shall be appropriately trained.
14    Beginning on the effective date of this Amendatory Act of
151991, no person may perform chore/housekeeping and home care
16aide services under a program authorized by this Section unless
17that person has been issued a certificate of pre-service to do
18so by his or her employing agency. Information gathered to
19effect such certification shall include (i) the person's name,
20(ii) the date the person was hired by his or her current
21employer, and (iii) the training, including dates and levels.
22Persons engaged in the program authorized by this Section
23before the effective date of this amendatory Act of 1991 shall
24be issued a certificate of all pre- and in-service training
25from his or her employer upon submitting the necessary
26information. The employing agency shall be required to retain



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



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



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1remaining term of over one year, and this replacement shall
2occur through the annual replacement of expiring terms. The
3Director shall designate Department staff to provide technical
4assistance and staff support to the committee. Department
5representation shall not constitute membership of the
6committee. All Committee papers, issues, recommendations,
7reports, and meeting memoranda are advisory only. The Director,
8or his or her designee, shall make a written report, as
9requested by the Committee, regarding issues before the
11    The Department on Aging and the Department of Human
12Services shall cooperate in the development and submission of
13an annual report on programs and services provided under this
14Section. Such joint report shall be filed with the Governor and
15the General Assembly on or before September 30 each year.
16    The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report with the Speaker,
18the Minority Leader and the Clerk of the House of
19Representatives and the President, the Minority Leader and the
20Secretary of the Senate and the Legislative Research Unit, as
21required by Section 3.1 of the General Assembly Organization
22Act and filing such additional copies with the State Government
23Report Distribution Center for the General Assembly as is
24required under paragraph (t) of Section 7 of the State Library
26    Those persons previously found eligible for receiving



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1non-institutional services whose services were discontinued
2under the Emergency Budget Act of Fiscal Year 1992, and who do
3not meet the eligibility standards in effect on or after July
41, 1992, shall remain ineligible on and after July 1, 1992.
5Those persons previously not required to cost-share and who
6were required to cost-share effective March 1, 1992, shall
7continue to meet cost-share requirements on and after July 1,
81992. Beginning July 1, 1992, all clients will be required to
9meet eligibility, cost-share, and other requirements and will
10have services discontinued or altered when they fail to meet
11these requirements.
12    For the purposes of this Section, "flexible senior
13services" refers to services that require one-time or periodic
14expenditures including, but not limited to, respite care, home
15modification, assistive technology, housing assistance, and
17    The Department shall implement an electronic service
18verification based on global positioning systems or other
19cost-effective technology for the Community Care Program no
20later than January 1, 2014.
21    The Department shall require, as a condition of
22eligibility, enrollment in the medical assistance program
23under Article V of the Illinois Public Aid Code (i) beginning
24August 1, 2013, if the Auditor General has reported that the
25Department has failed to comply with the reporting requirements
26of Section 2-27 of the Illinois State Auditing Act; or (ii)



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1beginning June 1, 2014, if the Auditor General has reported
2that the Department has not undertaken the required actions
3listed in the report required by subsection (a) of Section 2-27
4of the Illinois State Auditing Act.
5    The Department shall delay Community Care Program services
6until an applicant is determined eligible for medical
7assistance under Article V of the Illinois Public Aid Code (i)
8beginning August 1, 2013, if the Auditor General has reported
9that the Department has failed to comply with the reporting
10requirements of Section 2-27 of the Illinois State Auditing
11Act; or (ii) beginning June 1, 2014, if the Auditor General has
12reported that the Department has not undertaken the required
13actions listed in the report required by subsection (a) of
14Section 2-27 of the Illinois State Auditing Act.
15    The Department shall implement co-payments for the
16Community Care Program at the federally allowable maximum level
17(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 the
22required actions listed in the report required by subsection
23(a) of Section 2-27 of the Illinois State Auditing Act.
24    The Department shall provide a bi-monthly report on the
25progress of the Community Care Program reforms set forth in
26this amendatory Act of the 98th General Assembly to the



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1Governor, the Speaker of the House of Representatives, the
2Minority Leader of the House of Representatives, the President
3of the Senate, and the Minority Leader of the Senate.
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 of
8the House of Representatives, the President of the Senate, and
9the Minority Leader of the Senate. The Department shall collect
10and report longitudinal data on the performance of each care
11coordination unit. Nothing in this paragraph shall be construed
12to require the Department to identify specific care
13coordination 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 provider
22has 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 be
25required 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    The Department shall pay an enhanced rate under the
3Community Care Program to those in-home service provider
4agencies that offer health insurance coverage as a benefit to
5their direct service worker employees consistent with the
6mandates of Public Act 95-713. The enhanced rate shall be no
7less than $1.61 per hour.
8(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171,
9eff. 6-1-15.)
10    Section 5-10. The Department of Veterans Affairs Act is
11amended by changing Sections 2g, 2.03, and 2.04 as follows:
12    (20 ILCS 2805/2g)
13    Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois
14Veterans' Homes Fund is hereby created as a special fund in the
15State treasury. From appropriations to the Department from the
16Fund the Department shall purchase needed equipment and
17supplies to enhance the lives of the residents at and for to
18enhance the operations of veterans' homes in Illinois,
19including capital improvements, building rehabilitation, and
21(Source: P.A. 93-776, eff. 7-21-04.)
22    (20 ILCS 2805/2.03)  (from Ch. 126 1/2, par. 67.03)
23    Sec. 2.03. Admissions. Admissions to an Illinois Veterans



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1Home are subject to the rules and regulations adopted by the
2Department of Veterans' Affairs to govern the admission of
4    Each resident of a Home is liable for the payment of sums
5representing maintenance charges for care at the Home at a rate
6to be determined by the Department, based on the resident's
7ability to pay. However, the charges shall not exceed the
8average annual per capita cost of maintaining the resident in
9the Home. The Department, upon being furnished proof of
10payment, shall in its discretion make allowances for unusual
11expenses in determining the ability of the resident to pay
12maintenance charges.
13    The basis upon which the payment of maintenance charges
14shall be calculated by the Department is the average per capita
15cost for the care of all residents at each Home for the fiscal
16year immediately preceding the period for which the rate for
17each Home is being calculated.
18    The Department may require residents to pay charges
19monthly, quarterly, or otherwise as may be most suitably
20arranged for the individual members. The amounts received from
21each Home for the charges shall be transmitted to the Treasurer
22of the State of Illinois for deposit in the Illinois Veterans'
23Homes Fund each Veterans Home Fund, respectively.
24    The Department may investigate the financial condition of
25residents of a Home to determine their ability to pay
26maintenance charges and to establish standards as a basis of



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1judgment for such determination. Such standards shall be
2recomputed periodically to reflect changes in the cost of
3living and other pertinent factors.
4    Refusal to pay the maintenance charges is cause for
5discharge of a resident from a Home.
6    The Department may collect any medical or health benefits
7to which a resident may become entitled through tax supported
8or privately financed systems of insurance, as a result of his
9or her care or treatment in the facilities provided by the
10Department, or because of care or treatment in other facilities
11when such care or treatment has been paid for by the
13    Admission of a resident is not limited or conditioned in
14any manner by the financial status of the resident or his or
15her ability to pay maintenance charges.
16    The Department may accept and hold on behalf of the State,
17if for the public interest, a grant, gift, devise, or bequest
18of money or property to the Department made in trust for the
19maintenance or support of a resident of an Illinois Veterans
20Home or for any other legitimate purpose. The Department shall
21cause each gift, grant, devise, or bequest to be kept as a
22distinct fund and shall invest the same in the manner provided
23by the laws of this State relating to securities in which the
24deposit in savings banks may be invested. However, the
25Department may, at its discretion, deposit in a proper trust
26company, bank, or savings bank, during the continuance of the



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1trust, any fund left in trust for the life of a person and
2shall adopt rules and regulations governing the deposit,
3transfer, or withdrawal of the fund. The Department shall, on
4the expiration of any trust as provided in any instrument
5creating the trust, dispose of the fund in the manner provided
6in the instrument. The Department shall include in its required
7reports a statement showing what funds are so held by it and
8the condition of the funds; provided that monies found on
9residents at the time of their admission or accruing to them
10during their residence at a Home and monies deposited with the
11administrators by relatives, guardians, or friends of
12residents for the special comfort and pleasure of the resident
13shall remain in the custody of the administrators who shall act
14as trustees for disbursement to, on behalf of, or for the
15benefit of the resident. All types of retirement and pension
16benefits from private and public sources may be paid directly
17to the administrator of a Home for deposit to the resident
18trust fund account.
19(Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
20    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
21    Sec. 2.04. There shall be established in the State Treasury
22special funds known as (i) the LaSalle Veterans Home Fund, (ii)
23the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
24Fund, and (iv) the Quincy Veterans Home Fund. All moneys
25received by an Illinois Veterans Home from Medicare and from



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1maintenance charges to veterans, spouses, and surviving
2spouses residing at that Home shall be paid into the Illinois
3Veterans' Homes Fund that Home's Fund. All moneys received from
4the U.S. Department of Veterans Affairs for patient care shall
5be transmitted to the Treasurer of the State for deposit in the
6Illinois Veterans' Homes Fund Veterans Home Fund for the Home
7in which the veteran resides. Appropriations shall be made from
8the Illinois Veterans' Homes Fund a Fund only for the needs of
9the Illinois Veterans' Homes Home, including capital
10improvements, building rehabilitation, and repairs.
11    The administrator of each Veterans Home shall establish a
12locally-held member's benefits fund. Revenues accruing to an
13Illinois Veterans Home, including any donations, grants for the
14operation of the Home, profits from commissary stores, and
15funds received from any individual or other source, shall be
16deposited into that Home's benefits fund. Expenditures from the
17benefits funds shall be solely for the special comfort,
18pleasure, and amusement of residents. Contributors of
19unsolicited private donations may specify the purpose for which
20the private donations are to be used.
21    Upon request of the Department, the State's Attorney of the
22county in which a resident or living former resident of an
23Illinois Veterans Home who is liable under this Act for payment
24of sums representing maintenance charges resides shall file an
25action in a court of competent jurisdiction against any such
26person who fails or refuses to pay such sums. The court may



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1order the payment of sums due to maintenance charges for such
2period or periods of time as the circumstances require.
3    Upon the death of a person who is or has been a resident of
4an Illinois Veterans Home who is liable for maintenance charges
5and who is possessed of property, the Department may present a
6claim for such sum or for the balance due in case less than the
7rate prescribed under this Act has been paid. The claim shall
8be allowed and paid as other lawful claims against the estate.
9    The administrator of each Veterans Home shall establish a
10locally-held trust fund to maintain moneys held for residents.
11Whenever the Department finds it necessary to preserve order,
12preserve health, or enforce discipline, the resident shall
13deposit in a trust account at the Home such monies from any
14source of income as may be determined necessary, and
15disbursement of these funds to the resident shall be made only
16by direction of the administrator.
17    If a resident of an Illinois Veterans Home has a dependent
18child, spouse, or parent the administrator may require that all
19monies received be deposited in a trust account with dependency
20contributions being made at the direction of the administrator.
21The balance retained in the trust account shall be disbursed to
22the resident at the time of discharge from the Home or to his
23or her heirs or legal representative at the time of the
24resident's death, subject to Department regulations or order of
25the court.
26    The Director of Central Management Services, with the



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1consent of the Director of Veterans' Affairs, is authorized and
2empowered to lease or let any real property held by the
3Department of Veterans' Affairs for an Illinois Veterans Home
4to entities or persons upon terms and conditions which are
5considered to be in the best interest of that Home. The real
6property must not be needed for any direct or immediate purpose
7of the Home. In any leasing or letting, primary consideration
8shall be given to the use of real property for agricultural
9purposes, and all moneys received shall be transmitted to the
10Treasurer of the State for deposit in the Illinois Veterans'
11Homes Fund appropriate Veterans Home Fund.
12    Notwithstanding any other provision of law, in addition to
13any other transfers that may be provided by law, on July 1,
142015, or as soon thereafter as practical, the State Comptroller
15shall direct and the State Treasurer shall transfer the
16remaining balances from the LaSalle Veterans Home Fund, the
17Anna Veterans Home Fund, the Manteno Veterans Home Fund, and
18the Quincy Veterans Home Fund into the Illinois Veterans' Homes
19Fund. Upon completion of the transfers, the LaSalle Veterans
20Home Fund, the Anna Veterans Home Fund, the Manteno Veterans
21Home Fund, and the Quincy Veterans Home Fund are dissolved, and
22any future deposits due to those Funds and any outstanding
23obligations or liabilities of those Funds pass to the Illinois
24Veterans' Homes Fund.
25(Source: P.A. 97-297, eff. 1-1-12.)



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1    Section 5-15. The State Finance Act is amended by changing
2Section 8g-1 as follows:
3    (30 ILCS 105/8g-1)
4    Sec. 8g-1. Fund transfers.
5    (a) In addition to any other transfers that may be provided
6for by law, on and after July 1, 2012 and until May 1, 2013, at
7the direction of and upon notification from the Governor, the
8State Comptroller shall direct and the State Treasurer shall
9transfer amounts not exceeding a total of $80,000,000 from the
10General Revenue Fund to the Tobacco Settlement Recovery Fund.
11Any amounts so transferred shall be retransferred by the State
12Comptroller and the State Treasurer from the Tobacco Settlement
13Recovery Fund to the General Revenue Fund at the direction of
14and upon notification from the Governor, but in any event on or
15before June 30, 2013.
16    (b) In addition to any other transfers that may be provided
17for by law, on and after July 1, 2013 and until May 1, 2014, at
18the direction of and upon notification from the Governor, the
19State Comptroller shall direct and the State Treasurer shall
20transfer amounts not exceeding a total of $80,000,000 from the
21General Revenue Fund to the Tobacco Settlement Recovery Fund.
22Any amounts so transferred shall be retransferred by the State
23Comptroller and the State Treasurer from the Tobacco Settlement
24Recovery Fund to the General Revenue Fund at the direction of
25and upon notification from the Governor, but in any event on or



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1before June 30, 2014.
2    (c) In addition to any other transfers that may be provided
3for by law, on July 1, 2013, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,400,000 from the General
6Revenue Fund to the ICJIA Violence Prevention Fund.
7    (d) In addition to any other transfers that may be provided
8for by law, on July 1, 2013, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,500,000 from the General
11Revenue Fund to the Illinois Veterans Assistance Fund.
12    (e) In addition to any other transfers that may be provided
13for by law, on July 1, 2013, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $500,000 from the General
16Revenue Fund to the Senior Citizens Real Estate Deferred Tax
17Revolving Fund.
18    (f) In addition to any other transfers that may be provided
19for by law, on July 1, 2013, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $4,000,000 from the General
22Revenue Fund to the Digital Divide Elimination Fund.
23    (g) In addition to any other transfers that may be provided
24for by law, on July 1, 2013, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General



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1Revenue Fund to the Communications Revolving Fund.
2    (h) In addition to any other transfers that may be provided
3for by law, on July 1, 2013, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $9,800,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
8    (i) In addition to any other transfers that may be provided
9for by law, on and after July 1, 2014 and until May 1, 2015, at
10the direction of and upon notification from the Governor, the
11State Comptroller shall direct and the State Treasurer shall
12transfer amounts not exceeding a total of $80,000,000 from the
13General Revenue Fund to the Tobacco Settlement Recovery Fund.
14Any amounts so transferred shall be retransferred by the State
15Comptroller and the State Treasurer from the Tobacco Settlement
16Recovery Fund to the General Revenue Fund at the direction of
17and upon notification from the Governor, but in any event on or
18before June 30, 2015.
19    (j) In addition to any other transfers that may be provided
20for by law, on July 1, 2014, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $10,000,000 from the
23General Revenue Fund to the Presidential Library and Museum
24Operating Fund.
25    (k) In addition to any other transfers that may be provided
26for by law, on and after July 1, 2015 and until May 1, 2016, 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, 2016.
10(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
1198-674, eff. 6-30-14.)
12    (30 ILCS 105/5.27 rep.)
13    (30 ILCS 105/5.170 rep.)
14    (30 ILCS 105/5.243 rep.)
15    (30 ILCS 105/5.244 rep.)
16    Section 5-20. The State Finance Act is amended by repealing
17Sections 5.27, 5.170, 5.243, and 5.244.
18    Section 5-25. The Illinois Public Aid Code is amended by
19changing Section 9A-11 as follows:
20    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
21    Sec. 9A-11. Child Care.
22    (a) The General Assembly recognizes that families with
23children need child care in order to work. Child care is



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1expensive and families with low incomes, including those who
2are transitioning from welfare to work, often struggle to pay
3the costs of day care. The General Assembly understands the
4importance of helping low income working families become and
5remain self-sufficient. The General Assembly also believes
6that it is the responsibility of families to share in the costs
7of child care. It is also the preference of the General
8Assembly that all working poor families should be treated
9equally, regardless of their welfare status.
10    (b) To the extent resources permit, the Illinois Department
11shall provide child care services to parents or other relatives
12as defined by rule who are working or participating in
13employment or Department approved education or training
14programs. At a minimum, the Illinois Department shall cover the
15following categories of families:
16        (1) recipients of TANF under Article IV participating
17    in work and training activities as specified in the
18    personal plan for employment and self-sufficiency;
19        (2) families transitioning from TANF to work;
20        (3) families at risk of becoming recipients of TANF;
21        (4) families with special needs as defined by rule; and
22        (5) working families with very low incomes as defined
23    by rule.
24    The Department shall provide child care services to all
25children who (i) are eligible for assistance, and (ii) are
26under age 13, or who are under age 19 and under court



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1supervision, or who have physical or mental incapacities as
2documented by a statement from a local health provider or other
3health professional.
4    The Department shall specify by rule the conditions of
5eligibility, the application process, and the types, amounts,
6and duration of services. Eligibility for child care benefits
7and the amount of child care provided may vary based on family
8size, income, and other factors as specified by rule.
9    In determining income eligibility for child care benefits,
10the Department annually, at the beginning of each fiscal year,
11shall establish, by rule, one income threshold for each family
12size, in relation to percentage of State median income for a
13family of that size, that makes families with incomes below the
14specified threshold eligible for assistance and families with
15incomes above the specified threshold ineligible for
16assistance. Through and including fiscal year 2007, the
17specified threshold must be no less than 50% of the
18then-current State median income for each family size.
19Beginning in fiscal year 2008, the specified threshold must be
20no less than 185% of the then-current federal poverty level for
21each family size.
22    In determining eligibility for assistance, the Department
23shall not give preference to any category of recipients or give
24preference to individuals based on their receipt of benefits
25under this Code.
26    The Department shall allocate $7,500,000 annually for a



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1test program for families who are income-eligible for child
2care assistance, who are not recipients of TANF under Article
3IV, and who need child care assistance to participate in
4education and training activities. The Department shall
5specify by rule the conditions of eligibility for this test
7    Nothing in this Section shall be construed as conferring
8entitlement status to eligible families.
9    The Illinois Department is authorized to lower income
10eligibility ceilings, raise parent co-payments, create waiting
11lists, or take such other actions during a fiscal year as are
12necessary to ensure that child care benefits paid under this
13Article do not exceed the amounts appropriated for those child
14care benefits. These changes may be accomplished by emergency
15rule under Section 5-45 of the Illinois Administrative
16Procedure Act, except that the limitation on the number of
17emergency rules that may be adopted in a 24-month period shall
18not apply.
19    The Illinois Department may contract with other State
20agencies or child care organizations for the administration of
21child care services.
22    (c) Payment shall be made for child care that otherwise
23meets the requirements of this Section and applicable standards
24of State and local law and regulation, including any
25requirements the Illinois Department promulgates by rule in
26addition to the licensure requirements promulgated by the



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1Department of Children and Family Services and Fire Prevention
2and Safety requirements promulgated by the Office of the State
3Fire Marshal and is provided in any of the following:
4        (1) a child care center which is licensed or exempt
5    from licensure pursuant to Section 2.09 of the Child Care
6    Act of 1969;
7        (2) a licensed child care home or home exempt from
8    licensing;
9        (3) a licensed group child care home;
10        (4) other types of child care, including child care
11    provided by relatives or persons living in the same home as
12    the child, as determined by the Illinois Department by
13    rule.
14    (c-5) Solely for the purposes of coverage under the
15Illinois Public Labor Relations Act, child and day care home
16providers, including licensed and license exempt,
17participating in the Department's child care assistance
18program shall be considered to be public employees and the
19State of Illinois shall be considered to be their employer as
20of the effective date of this amendatory Act of the 94th
21General Assembly, but not before. The State shall engage in
22collective bargaining with an exclusive representative of
23child and day care home providers participating in the child
24care assistance program concerning their terms and conditions
25of employment that are within the State's control. Nothing in
26this subsection shall be understood to limit the right of



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1families receiving services defined in this Section to select
2child and day care home providers or supervise them within the
3limits of this Section. The State shall not be considered to be
4the employer of child and day care home providers for any
5purposes not specifically provided in this amendatory Act of
6the 94th General Assembly, including but not limited to,
7purposes of vicarious liability in tort and purposes of
8statutory retirement or health insurance benefits. Child and
9day care home providers shall not be covered by the State
10Employees Group Insurance Act of 1971.
11    In according child and day care home providers and their
12selected representative rights under the Illinois Public Labor
13Relations Act, the State intends that the State action
14exemption to application of federal and State antitrust laws be
15fully available to the extent that their activities are
16authorized by this amendatory Act of the 94th General Assembly.
17    (d) The Illinois Department shall establish, by rule, a
18co-payment scale that provides for cost sharing by families
19that receive child care services, including parents whose only
20income is from assistance under this Code. The co-payment shall
21be based on family income and family size and may be based on
22other factors as appropriate. Co-payments may be waived for
23families whose incomes are at or below the federal poverty
25    (d-5) The Illinois Department, in consultation with its
26Child Care and Development Advisory Council, shall develop a



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1plan to revise the child care assistance program's co-payment
2scale. The plan shall be completed no later than February 1,
32008, and shall include:
4        (1) findings as to the percentage of income that the
5    average American family spends on child care and the
6    relative amounts that low-income families and the average
7    American family spend on other necessities of life;
8        (2) recommendations for revising the child care
9    co-payment scale to assure that families receiving child
10    care services from the Department are paying no more than
11    they can reasonably afford;
12        (3) recommendations for revising the child care
13    co-payment scale to provide at-risk children with complete
14    access to Preschool for All and Head Start; and
15        (4) recommendations for changes in child care program
16    policies that affect the affordability of child care.
17    (e) (Blank).
18    (f) The Illinois Department shall, by rule, set rates to be
19paid for the various types of child care. Child care may be
20provided through one of the following methods:
21        (1) arranging the child care through eligible
22    providers by use of purchase of service contracts or
23    vouchers;
24        (2) arranging with other agencies and community
25    volunteer groups for non-reimbursed child care;
26        (3) (blank); or



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1        (4) adopting such other arrangements as the Department
2    determines appropriate.
3    (f-5) (Blank).
4    (g) Families eligible for assistance under this Section
5shall be given the following options:
6        (1) receiving a child care certificate issued by the
7    Department or a subcontractor of the Department that may be
8    used by the parents as payment for child care and
9    development services only; or
10        (2) if space is available, enrolling the child with a
11    child care provider that has a purchase of service contract
12    with the Department or a subcontractor of the Department
13    for the provision of child care and development services.
14    The Department may identify particular priority
15    populations for whom they may request special
16    consideration by a provider with purchase of service
17    contracts, provided that the providers shall be permitted
18    to maintain a balance of clients in terms of household
19    incomes and families and children with special needs, as
20    defined by rule.
21(Source: P.A. 97-422, eff. 8-16-11.)

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