Illinois General Assembly - Full Text of HB4346
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Full Text of HB4346  103rd General Assembly

HB4346 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4346

 

Introduced 1/16/2024, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/3.11
20 ILCS 105/4.01  from Ch. 23, par. 6104.01
20 ILCS 105/4.02
20 ILCS 105/5.03 new

    Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.


LRB103 36391 KTG 66492 b

 

 

A BILL FOR

 

HB4346LRB103 36391 KTG 66492 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5changing Sections 3.11, 4.01, and 4.02 and by adding Section
65.03 as follows:
 
7    (20 ILCS 105/3.11)
8    Sec. 3.11. Greatest social need. "Greatest For the
9purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
10means the need caused by noneconomic factors that restrict an
11individual's ability to perform normal daily tasks or that
12threaten his or her capacity to live independently. These
13factors include, but are not limited to, physical or mental
14disability, language barriers, and cultural or social
15isolation caused by, among other things, racial and ethnic
16status, sexual orientation, gender identity, gender
17expression, or HIV status.
18(Source: P.A. 101-325, eff. 8-9-19.)
 
19    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
20    Sec. 4.01. Additional powers and duties of the Department.
21In addition to powers and duties otherwise provided by law,
22the Department shall have the following powers and duties:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1under the Emergency Budget Act of Fiscal Year 1992, and who do
2not meet the eligibility standards in effect on or after July
31, 1992, shall remain ineligible on and after July 1, 1992.
4Those persons previously not required to cost-share and who
5were required to cost-share effective March 1, 1992, shall
6continue to meet cost-share requirements on and after July 1,
71992. Beginning July 1, 1992, all clients will be required to
8meet eligibility, cost-share, and other requirements and will
9have services discontinued or altered when they fail to meet
10these requirements.
11    For the purposes of this Section, "flexible senior
12services" refers to services that require one-time or periodic
13expenditures, including, but not limited to, respite care,
14home modification, assistive technology, housing assistance,
15and transportation.
16    The Department shall implement an electronic service
17verification based on global positioning systems or other
18cost-effective technology for the Community Care Program no
19later than January 1, 2014.
20    The Department shall require, as a condition of
21eligibility, application for enrollment in the medical
22assistance program under Article V of the Illinois Public Aid
23Code (i) beginning August 1, 2013, if the Auditor General has
24reported that the Department has failed to comply with the
25reporting requirements of Section 2-27 of the Illinois State
26Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

 

 

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

 

 

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

 

 

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1maintenance system.
2    Within 30 days after July 6, 2017 (the effective date of
3Public Act 100-23), rates shall be increased to $18.29 per
4hour, for the purpose of increasing, by at least $.72 per hour,
5the wages paid by those vendors to their employees who provide
6homemaker services. The Department shall pay an enhanced rate
7under the Community Care Program to those in-home service
8provider agencies that offer health insurance coverage as a
9benefit to their direct service worker employees consistent
10with the mandates of Public Act 95-713. For State fiscal years
112018 and 2019, the enhanced rate shall be $1.77 per hour. The
12rate shall be adjusted using actuarial analysis based on the
13cost of care, but shall not be set below $1.77 per hour. The
14Department shall adopt rules, including emergency rules under
15subsections (y) and (bb) of Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this paragraph.
18    The Department shall pay an enhanced rate under the
19Community Care Program to those in-home service provider
20agencies that offer health insurance coverage as a benefit to
21their direct service worker employees pursuant to rules
22adopted by the Department. Subject to federal approval,
23beginning on January 1, 2024, rates for adult day services
24shall be increased to $16.84 per hour and rates for each way
25transportation services for adult day services shall be
26increased to $12.44 per unit transportation.

 

 

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

 

 

HB4346- 28 -LRB103 36391 KTG 66492 b

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

 

 

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1        (8) One individual from an organization that employs
2    persons who provide services under the Community Care
3    Program, appointed by the Director of Aging.
4        (9) One member of a trade or labor union representing
5    persons who provide services under the Community Care
6    Program, appointed by the Director of Aging.
7        (10) One member of the Senate, who shall serve as
8    co-chairperson, appointed by the President of the Senate.
9        (11) One member of the Senate, who shall serve as
10    co-chairperson, appointed by the Minority Leader of the
11    Senate.
12        (12) One member of the House of Representatives, who
13    shall serve as co-chairperson, appointed by the Speaker of
14    the House of Representatives.
15        (13) One member of the House of Representatives, who
16    shall serve as co-chairperson, appointed by the Minority
17    Leader of the House of Representatives.
18        (14) One individual appointed by a labor organization
19    representing frontline employees at the Department of
20    Human Services.
21    The Subcommittee shall provide oversight to the Community
22Care Program Medicaid Initiative and shall meet quarterly. At
23each Subcommittee meeting the Department on Aging shall
24provide the following data sets to the Subcommittee: (A) the
25number of Illinois residents, categorized by planning and
26service area, who are receiving services under the Community

 

 

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

 

 

HB4346- 31 -LRB103 36391 KTG 66492 b

1    The Department on Aging, the Department of Human Services,
2and the Department of Healthcare and Family Services shall
3coordinate and implement a streamlined process for seniors to
4access benefits under the State's Medical Assistance Program.
5    The Subcommittee shall collaborate with the Department of
6Human Services on the adoption of a uniform application
7submission process. The Department of Human Services and any
8other State agency involved with processing the medical
9assistance application of any person enrolled in the Community
10Care Program shall include the appropriate care coordination
11unit in all communications related to the determination or
12status of the application.
13    The Community Care Program Medicaid Initiative shall
14provide targeted funding to care coordination units to help
15seniors complete their applications for medical assistance
16benefits. On and after July 1, 2019, care coordination units
17shall receive no less than $200 per completed application,
18which rate may be included in a bundled rate for initial intake
19services when Medicaid application assistance is provided in
20conjunction with the initial intake process for new program
21participants.
22    The Community Care Program Medicaid Initiative shall cease
23operation 5 years after June 4, 2018 (the effective date of
24Public Act 100-587) this amendatory Act of the 100th General
25Assembly, after which the Subcommittee shall dissolve.
26    Effective July 1, 2023, subject to federal approval, the

 

 

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1Department on Aging shall reimburse Care Coordination Units at
2the following rates for case management services: $252.40 for
3each initial assessment; $366.40 for each initial assessment
4with translation; $229.68 for each redetermination assessment;
5$313.68 for each redetermination assessment with translation;
6$200.00 for each completed application for medical assistance
7benefits; $132.26 for each face-to-face, choices-for-care
8screening; $168.26 for each face-to-face, choices-for-care
9screening with translation; $124.56 for each 6-month,
10face-to-face visit; $132.00 for each MCO participant
11eligibility determination; and $157.00 for each MCO
12participant eligibility determination with translation.
13(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
14103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
15Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
16Section 90-5, eff. 1-1-24; revised 12-12-23.)

 
17    (20 ILCS 105/5.03 new)
18    Sec. 5.03. Judicial review. All final administrative
19decisions of the Department are subject to judicial review in
20accordance with the provisions of the Administrative Review
21Law, and all rules adopted under the Administrative Review
22Law. The term "administrative decision" is defined as in
23Section 3-101 of the Code of Civil Procedure.
24    Proceedings for judicial review shall be commenced in the
25circuit court of the county in which the party applying for

 

 

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1review resides; however, if the party is not a resident of this
2State, the venue shall be Sangamon County.