Full Text of SB0390 95th General Assembly
SB0390enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Sections 4.01 and 4.02 as follows:
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| (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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| Sec. 4.01. Additional powers and duties of the Department. | 8 |
| In addition
to powers and duties otherwise provided by law, the | 9 |
| Department shall have the
following powers and duties:
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| (1) To evaluate all programs, services, and facilities for | 11 |
| the aged
and for minority senior citizens within the State and | 12 |
| determine the extent
to which present public or private | 13 |
| programs, services and facilities meet the
needs of the aged.
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| (2) To coordinate and evaluate all programs, services, and | 15 |
| facilities
for the Aging and for minority senior citizens | 16 |
| presently furnished by State
agencies and make appropriate | 17 |
| recommendations regarding such services, programs
and | 18 |
| facilities to the Governor and/or the General Assembly.
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| (3) To function as the sole State agency to develop a | 20 |
| comprehensive
plan to meet the needs of the State's senior | 21 |
| citizens and the State's
minority senior citizens.
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| (4) To receive and disburse State and federal funds made | 23 |
| available
directly to the Department including those funds made |
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| available under the
Older Americans Act and the Senior | 2 |
| Community Service Employment Program for
providing services | 3 |
| for senior citizens and minority senior citizens or for
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| purposes related thereto, and shall develop and administer any | 5 |
| State Plan
for the Aging required by federal law.
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| (5) To solicit, accept, hold, and administer in behalf of | 7 |
| the State
any grants or legacies of money, securities, or | 8 |
| property to the State of
Illinois for services to senior | 9 |
| citizens and minority senior citizens or
purposes related | 10 |
| thereto.
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| (6) To provide consultation and assistance to communities, | 12 |
| area agencies
on aging, and groups developing local services | 13 |
| for senior citizens and
minority senior citizens.
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| (7) To promote community education regarding the problems | 15 |
| of senior
citizens and minority senior citizens through | 16 |
| institutes, publications,
radio, television and the local | 17 |
| press.
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| (8) To cooperate with agencies of the federal government in | 19 |
| studies
and conferences designed to examine the needs of senior | 20 |
| citizens and minority
senior citizens and to prepare programs | 21 |
| and facilities to meet those needs.
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| (9) To establish and maintain information and referral | 23 |
| sources
throughout the State when not provided by other | 24 |
| agencies.
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| (10) To provide the staff support as may reasonably be | 26 |
| required
by the Council and the Coordinating Committee of State |
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| Agencies Serving Older
Persons.
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| (11) To make and enforce rules and regulations necessary | 3 |
| and proper
to the performance of its duties.
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| (12) To establish and fund programs or projects or | 5 |
| experimental facilities
that are specially designed as | 6 |
| alternatives to institutional care.
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| (13) To develop a training program to train the counselors | 8 |
| presently
employed by the Department's aging network to provide | 9 |
| Medicare
beneficiaries with counseling and advocacy in | 10 |
| Medicare, private health
insurance, and related health care | 11 |
| coverage plans. The Department shall
report to the General | 12 |
| Assembly on the implementation of the training
program on or | 13 |
| before December 1, 1986.
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| (14) To make a grant to an institution of higher learning | 15 |
| to study the
feasibility of establishing and implementing an | 16 |
| affirmative action
employment plan for the recruitment, | 17 |
| hiring, training and retraining of
persons 60 or more years old | 18 |
| for jobs for which their employment would not
be precluded by | 19 |
| law.
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| (15) To present one award annually in each of the | 21 |
| categories of community
service, education, the performance | 22 |
| and graphic arts, and the labor force
to outstanding Illinois | 23 |
| senior citizens and minority senior citizens in
recognition of | 24 |
| their individual contributions to either community service,
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| education, the performance and graphic arts, or the labor | 26 |
| force. The awards
shall be presented to four senior citizens |
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| and minority senior citizens
selected from a list of 44 | 2 |
| nominees compiled annually by
the Department. Nominations | 3 |
| shall be solicited from senior citizens'
service providers, | 4 |
| area agencies on aging, senior citizens'
centers, and senior | 5 |
| citizens' organizations. The Department shall consult
with the | 6 |
| Coordinating Committee of State Agencies Serving Older Persons | 7 |
| to
determine which of the nominees shall be the recipient in | 8 |
| each category of
community service. The Department shall | 9 |
| establish a central location within
the State to be designated | 10 |
| as the Senior Illinoisans Hall of Fame for the
public display | 11 |
| of all the annual awards, or replicas thereof.
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| (16) To establish multipurpose senior centers through area | 13 |
| agencies on
aging and to fund those new and existing | 14 |
| multipurpose senior centers
through area agencies on aging, the | 15 |
| establishment and funding to begin in
such areas of the State | 16 |
| as the Department shall designate by rule and as
specifically | 17 |
| appropriated funds become available.
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| (17) To develop the content and format of the | 19 |
| acknowledgment regarding
non-recourse reverse mortgage loans | 20 |
| under Section 6.1 of the Illinois
Banking Act; to provide | 21 |
| independent consumer information on reverse
mortgages and | 22 |
| alternatives; and to refer consumers to independent
counseling | 23 |
| services with expertise in reverse mortgages.
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| (18) To develop a pamphlet in English and Spanish which may | 25 |
| be used by
physicians licensed to practice medicine in all of | 26 |
| its branches pursuant
to the Medical Practice Act of 1987, |
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| pharmacists licensed pursuant to the
Pharmacy Practice Act of | 2 |
| 1987, and Illinois residents 65 years of age or
older for the | 3 |
| purpose of assisting physicians, pharmacists, and patients in
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| monitoring prescriptions provided by various physicians and to | 5 |
| aid persons
65 years of age or older in complying with | 6 |
| directions for proper use of
pharmaceutical prescriptions. The | 7 |
| pamphlet may provide space for recording
information including | 8 |
| but not limited to the following:
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| (a) name and telephone number of the patient;
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| (b) name and telephone number of the prescribing | 11 |
| physician;
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| (c) date of prescription;
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| (d) name of drug prescribed;
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| (e) directions for patient compliance; and
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| (f) name and telephone number of dispensing pharmacy.
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| In developing the pamphlet, the Department shall consult | 17 |
| with the
Illinois State Medical Society, the Center for | 18 |
| Minority Health Services,
the Illinois Pharmacists Association | 19 |
| and
senior citizens organizations. The Department shall | 20 |
| distribute the
pamphlets to physicians, pharmacists and | 21 |
| persons 65 years of age or older
or various senior citizen | 22 |
| organizations throughout the State.
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| (19) To conduct a study by April 1, 1994 of the feasibility | 24 |
| of
implementing the Senior Companion Program throughout the | 25 |
| State for the fiscal
year beginning July 1, 1994.
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| (20) With respect to contracts in effect on July 1, 1994, |
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| the Department
shall increase the grant amounts so that the | 2 |
| reimbursement rates paid through
the community care program for | 3 |
| chore housekeeping services and home care aides
homemakers are
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| at the same rate, which shall be the higher of the 2 rates | 5 |
| currently paid.
With respect to all contracts entered into, | 6 |
| renewed, or extended on or after
July 1, 1994, the | 7 |
| reimbursement rates paid through the community care program
for | 8 |
| chore housekeeping services and home care aides
homemakers
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| shall be the same.
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| (21) From funds appropriated to the Department from the | 11 |
| Meals on Wheels
Fund, a special fund in the State treasury that | 12 |
| is hereby created, and in
accordance with State and federal | 13 |
| guidelines and the intrastate funding
formula, to make grants | 14 |
| to area agencies on aging, designated by the
Department, for | 15 |
| the sole purpose of delivering meals to homebound persons 60
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| years of age and older.
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| (22) To distribute, through its area agencies on aging, | 18 |
| information
alerting seniors on safety issues regarding | 19 |
| emergency weather
conditions, including extreme heat and cold, | 20 |
| flooding, tornadoes, electrical
storms, and other severe storm | 21 |
| weather. The information shall include all
necessary | 22 |
| instructions for safety and all emergency telephone numbers of
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| organizations that will provide additional information and | 24 |
| assistance.
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| (23) To develop guidelines for the organization and | 26 |
| implementation of
Volunteer Services Credit Programs to be |
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| administered by Area Agencies on
Aging or community based | 2 |
| senior service organizations. The Department shall
hold public | 3 |
| hearings on the proposed guidelines for public comment, | 4 |
| suggestion,
and determination of public interest. The | 5 |
| guidelines shall be based on the
findings of other states and | 6 |
| of community organizations in Illinois that are
currently | 7 |
| operating volunteer services credit programs or demonstration
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| volunteer services credit programs. The Department shall offer | 9 |
| guidelines for
all aspects of the programs including, but not | 10 |
| limited to, the following:
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| (a) types of services to be offered by volunteers;
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| (b) types of services to be received upon the | 13 |
| redemption of service
credits;
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| (c) issues of liability for the volunteers and the | 15 |
| administering
organizations;
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| (d) methods of tracking service credits earned and | 17 |
| service credits
redeemed;
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| (e) issues of time limits for redemption of service | 19 |
| credits;
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| (f) methods of recruitment of volunteers;
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| (g) utilization of community volunteers, community | 22 |
| service groups, and
other resources for delivering | 23 |
| services to be received by service credit
program clients;
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| (h) accountability and assurance that services will be | 25 |
| available to
individuals who have earned service credits; | 26 |
| and
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| (i) volunteer screening and qualifications.
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| The Department shall submit a written copy of the guidelines to | 3 |
| the General
Assembly by July 1, 1998.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The Department shall establish a program of | 7 |
| services to
prevent unnecessary institutionalization of | 8 |
| persons age 60 and older in
need of long term care or who are | 9 |
| established as persons who suffer from
Alzheimer's disease or a | 10 |
| related disorder under the Alzheimer's Disease
Assistance Act, | 11 |
| thereby enabling them
to remain in their own homes or in other | 12 |
| living arrangements. Such
preventive services, which may be | 13 |
| coordinated with other programs for the
aged and monitored by | 14 |
| area agencies on aging in cooperation with the
Department, may | 15 |
| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) home care aide
homemaker services;
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| (d) chore and housekeeping services;
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| (e) adult day services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (l) other nonmedical social services that may enable | 4 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 6 |
| citizen home owners
who want to rent rooms to or share | 7 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 9 |
| such
services taking into consideration the unique economic and | 10 |
| social needs
of the target population for whom they are to be | 11 |
| provided. Such eligibility
standards shall be based on the | 12 |
| recipient's ability to pay for services;
provided, however, | 13 |
| that in determining the amount and nature of services
for which | 14 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 16 |
| person's
spouse pursuant to a written agreement dividing | 17 |
| marital property into equal
but separate shares or pursuant to | 18 |
| a transfer of the person's interest in a
home to his spouse, | 19 |
| provided that the spouse's share of the marital
property is not | 20 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 22 |
| condition of
eligibility that all financially eligible | 23 |
| applicants and recipients apply
for medical assistance
under | 24 |
| Article V of the Illinois Public Aid Code in accordance with | 25 |
| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of |
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| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 3 |
| Social
Security Act. The purpose of the amendments shall be to | 4 |
| extend eligibility
for home and community based services under | 5 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 6 |
| who transfer to or for the benefit of a
spouse those amounts of | 7 |
| income and resources allowed under Section 1924 of
the Social | 8 |
| Security Act. Subject to the approval of such amendments, the
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| Department shall extend the provisions of Section 5-4 of the | 10 |
| Illinois
Public Aid Code to persons who, but for the provision | 11 |
| of home or
community-based services, would require the level of | 12 |
| care provided in an
institution, as is provided for in federal | 13 |
| law. Those persons no longer
found to be eligible for receiving | 14 |
| noninstitutional services due to changes
in the eligibility | 15 |
| criteria shall be given 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 17 |
| contact the
Department and request the determination be | 18 |
| appealed at any time during the
60 day notice period. With the | 19 |
| exception of the lengthened notice and time
frame for the | 20 |
| appeal request, the appeal process shall follow the normal
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| procedure. In addition, each person affected regardless of the
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| circumstances for discontinued eligibility shall be given | 23 |
| notice and the
opportunity to purchase the necessary services | 24 |
| through the Community Care
Program. If the individual does not | 25 |
| elect to purchase services, the
Department shall advise the | 26 |
| individual of alternative services. The target
population |
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| identified for the purposes of this Section are persons age 60
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| and older with an identified service need. Priority shall be | 3 |
| given to those
who are at imminent risk of | 4 |
| institutionalization. The services shall be
provided to | 5 |
| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the | 9 |
| person's
condition. These non-institutional services, pilot | 10 |
| projects or
experimental facilities may be provided as part of | 11 |
| or in addition to
those authorized by federal law or those | 12 |
| funded and administered by the
Department of Human Services. | 13 |
| The Departments of Human Services, Healthcare and Family | 14 |
| Services,
Public Health, Veterans' Affairs, and Commerce and | 15 |
| Economic Opportunity and
other appropriate agencies of State, | 16 |
| federal and local governments shall
cooperate with the | 17 |
| Department on Aging in the establishment and development
of the | 18 |
| non-institutional services. The Department shall require an | 19 |
| annual
audit from all chore/housekeeping and home care aide
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| homemaker vendors contracting with
the Department under this | 21 |
| Section. The annual audit shall assure that each
audited | 22 |
| vendor's procedures are in compliance with Department's | 23 |
| financial
reporting guidelines requiring an administrative and | 24 |
| employee wage and benefits cost split as defined in | 25 |
| administrative rules. The audit is a public record under
the | 26 |
| Freedom of Information Act. The Department shall execute, |
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| relative to
the nursing home prescreening project, written | 2 |
| inter-agency
agreements with the Department of Human Services | 3 |
| and the Department
of Healthcare and Family Services, to effect | 4 |
| the following: (1) intake procedures and common
eligibility | 5 |
| criteria for those persons who are receiving non-institutional
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| services; and (2) the establishment and development of | 7 |
| non-institutional
services in areas of the State where they are | 8 |
| not currently available or are
undeveloped. On and after July | 9 |
| 1, 1996, all nursing home prescreenings for
individuals 60 | 10 |
| years of age or older shall be conducted by the Department.
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| As part of the Department on Aging's routine training of | 12 |
| case managers and case manager supervisors, the Department may | 13 |
| include information on family futures planning for persons who | 14 |
| are age 60 or older and who are caregivers of their adult | 15 |
| children with developmental disabilities. The content of the | 16 |
| training shall be at the Department's discretion. | 17 |
| The Department is authorized to establish a system of | 18 |
| recipient copayment
for services provided under this Section, | 19 |
| such copayment to be based upon
the recipient's ability to pay | 20 |
| but in no case to exceed the actual cost of
the services | 21 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 23 |
| be
considered by the Department in determining the copayment. | 24 |
| The level of
such copayment shall be adjusted whenever | 25 |
| necessary to reflect any change
in the officially designated | 26 |
| federal poverty standard.
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| The Department, or the Department's authorized | 2 |
| representative, shall
recover the amount of moneys expended for | 3 |
| services provided to or in
behalf of a person under this | 4 |
| Section by a claim against the person's
estate or against the | 5 |
| estate of the person's surviving spouse, but no
recovery may be | 6 |
| had until after the death of the surviving spouse, if
any, and | 7 |
| then only at such time when there is no surviving child who
is | 8 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 10 |
| person, of
moneys for services provided to the person or in | 11 |
| behalf of the person under
this Section to which the person was | 12 |
| not entitled;
provided that such recovery shall not be enforced | 13 |
| against any real estate while
it is occupied as a homestead by | 14 |
| the surviving spouse or other dependent, if no
claims by other | 15 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 17 |
| prosecution or
failure of the claimant to compel administration | 18 |
| of the estate for the purpose
of payment. This paragraph shall | 19 |
| not bar recovery from the estate of a spouse,
under Sections | 20 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving | 22 |
| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be | 24 |
| claimed for
recovery from the deceased spouse's estate. | 25 |
| "Homestead", as used
in this paragraph, means the dwelling | 26 |
| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the | 2 |
| Department of Healthcare and Family Services, regardless of the | 3 |
| value of the property.
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| The Department shall develop procedures to enhance | 5 |
| availability of
services on evenings, weekends, and on an | 6 |
| emergency basis to meet the
respite needs of caregivers. | 7 |
| Procedures shall be developed to permit the
utilization of | 8 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 10 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 12 |
| 1991, no person
may perform chore/housekeeping and home care | 13 |
| aide
homemaker services under a program
authorized by this | 14 |
| Section unless that person has been issued a certificate
of | 15 |
| pre-service to do so by his or her employing agency. | 16 |
| Information
gathered to effect such certification shall | 17 |
| include (i) the person's name,
(ii) the date the person was | 18 |
| hired by his or her current employer, and
(iii) the training, | 19 |
| including dates and levels. Persons engaged in the
program | 20 |
| authorized by this Section before the effective date of this
| 21 |
| amendatory Act of 1991 shall be issued a certificate of all | 22 |
| pre- and
in-service training from his or her employer upon | 23 |
| submitting the necessary
information. The employing agency | 24 |
| shall be required to retain records of
all staff pre- and | 25 |
| in-service training, and shall provide such records to
the | 26 |
| Department upon request and upon termination of the employer's |
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| contract
with the Department. In addition, the employing agency | 2 |
| is responsible for
the issuance of certifications of in-service | 3 |
| training completed to their
employees.
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| The Department is required to develop a system to ensure | 5 |
| that persons
working as home care aides
homemakers and chore | 6 |
| housekeepers receive increases in their
wages when the federal | 7 |
| minimum wage is increased by requiring vendors to
certify that | 8 |
| they are meeting the federal minimum wage statute for home care | 9 |
| aides
homemakers
and chore housekeepers. An employer that | 10 |
| cannot ensure that the minimum
wage increase is being given to | 11 |
| home care aides
homemakers and chore housekeepers
shall be | 12 |
| denied any increase in reimbursement costs.
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| The Community Care Program Advisory Committee is created in | 14 |
| the Department on Aging. The Director shall appoint individuals | 15 |
| to serve in the Committee, who shall serve at their own | 16 |
| expense. Members of the Committee must abide by all applicable | 17 |
| ethics laws. The Committee shall advise the Department on | 18 |
| issues related to the Department's program of services to | 19 |
| prevent unnecessary institutionalization. The Committee shall | 20 |
| meet on a bi-monthly basis and shall serve to identify and | 21 |
| advise the Department on present and potential issues affecting | 22 |
| the service delivery network, the program's clients, and the | 23 |
| Department and to recommend solution strategies. Persons | 24 |
| appointed to the Committee shall be appointed on, but not | 25 |
| limited to, their own and their agency's experience with the | 26 |
| program, geographic representation, and willingness to serve. |
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| The Committee shall include, but not be limited to, | 2 |
| representatives from the following agencies and organizations: | 3 |
| (a) at least 4 adult day service representatives; | 4 |
| (b) at least 4 case coordination unit representatives; | 5 |
| (c) at least 4 representatives from in-home direct care | 6 |
| service agencies; | 7 |
| (d) at least 2 representatives of statewide trade or | 8 |
| labor unions that represent in-home direct care service | 9 |
| staff;
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| (e) at least 2 representatives of Area Agencies on | 11 |
| Aging; | 12 |
| (f) at least 2 non-provider representatives from a | 13 |
| policy, advocacy, research, or other service organization; | 14 |
| (g) at least 2 representatives from a statewide | 15 |
| membership organization for senior citizens; and | 16 |
| (h) at least 2 citizen members 60 years of age or | 17 |
| older. | 18 |
| Nominations may be presented from any agency or State | 19 |
| association with interest in the program. The Director, or his | 20 |
| or her designee, shall serve as the permanent co-chair of the | 21 |
| advisory committee. One other co-chair shall be nominated and | 22 |
| approved by the members of the committee on an annual basis. | 23 |
| Committee members' terms of appointment shall be for 4 years | 24 |
| with one-quarter of the appointees' terms expiring each year. | 25 |
| At no time may a member serve more than one consecutive term in | 26 |
| any capacity on the committee. The Department shall fill |
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| vacancies that have a remaining term of over one year, and this | 2 |
| replacement shall occur through the annual replacement of | 3 |
| expiring terms. The Director shall designate Department staff | 4 |
| to provide technical assistance and staff support to the | 5 |
| committee. Department representation shall not constitute | 6 |
| membership of the committee. All Committee papers, issues, | 7 |
| recommendations, reports, and meeting memoranda are advisory | 8 |
| only. The Director, or his or her designee, shall make a | 9 |
| written report, as requested by the Committee, regarding issues | 10 |
| before the Committee.
| 11 |
| The Department on Aging and the Department of Human | 12 |
| Services
shall cooperate in the development and submission of | 13 |
| an annual report on
programs and services provided under this | 14 |
| Section. Such joint report
shall be filed with the Governor and | 15 |
| the General Assembly on or before
September 30 each year.
| 16 |
| The requirement for reporting to the General Assembly shall | 17 |
| be satisfied
by filing copies of the report with the Speaker, | 18 |
| the Minority Leader and
the Clerk of the House of | 19 |
| Representatives and the President, the Minority
Leader and the | 20 |
| Secretary of the Senate and the Legislative Research Unit,
as | 21 |
| required by Section 3.1 of the General Assembly Organization | 22 |
| Act and
filing such additional copies with the State Government | 23 |
| Report Distribution
Center for the General Assembly as is | 24 |
| required under paragraph (t) of
Section 7 of the State Library | 25 |
| Act.
| 26 |
| Those persons previously found eligible for receiving |
|
|
|
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LRB095 10548 CMK 30766 b |
|
| 1 |
| non-institutional
services whose services were discontinued | 2 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 3 |
| not meet the eligibility standards in effect
on or after July | 4 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 5 |
| Those persons previously not required to cost-share and who | 6 |
| were
required to cost-share effective March 1, 1992, shall | 7 |
| continue to meet
cost-share requirements on and after July 1, | 8 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 9 |
| meet
eligibility, cost-share, and other requirements and will | 10 |
| have services
discontinued or altered when they fail to meet | 11 |
| these requirements.
| 12 |
| (Source: P.A. 93-85, eff. 1-1-04; 93-902, eff. 8-10-04; 94-48, | 13 |
| eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, eff. 7-26-05; | 14 |
| 94-954, eff. 6-27-06.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|