Full Text of HB0652 95th General Assembly
HB0652enr 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 Section 4.02 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. Community Care Program.
The Department shall | 8 |
| establish a program of services to
prevent unnecessary | 9 |
| institutionalization of persons age 60 and older in
need of | 10 |
| long term care or who are established as persons who suffer | 11 |
| from
Alzheimer's disease or a related disorder under the | 12 |
| Alzheimer's Disease
Assistance Act, thereby enabling them
to | 13 |
| remain in their own homes or in other living arrangements. Such
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| preventive services, which may be coordinated with other | 15 |
| programs for the
aged and monitored by area agencies on aging | 16 |
| in cooperation with the
Department, may include, but are not | 17 |
| limited to, any or all of the following:
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| (a) (blank);
home health services;
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| (b) (blank);
home nursing services;
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| (c) homemaker services;
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| (d) personal assistant services
chore and housekeeping | 22 |
| 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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| (k-6) flexible senior services; | 9 |
| (k-7) medication management; | 10 |
| (k-8) emergency home response;
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| (l) other nonmedical social services that may enable | 12 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 14 |
| citizen home owners
who want to rent rooms to or share | 15 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 17 |
| such
services taking into consideration the unique economic and | 18 |
| social needs
of the target population for whom they are to be | 19 |
| provided. Such eligibility
standards shall be based on the | 20 |
| recipient's ability to pay for services;
provided, however, | 21 |
| that in determining the amount and nature of services
for which | 22 |
| 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 | 24 |
| person's
spouse pursuant to a written agreement dividing | 25 |
| marital property into equal
but separate shares or pursuant to | 26 |
| a transfer of the person's interest in a
home to his spouse, |
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| provided that the spouse's share of the marital
property is not | 2 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 4 |
| condition of
eligibility that all financially eligible | 5 |
| applicants and recipients apply
for medical assistance
under | 6 |
| Article V of the Illinois Public Aid Code in accordance with | 7 |
| rules
promulgated by the Department.
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| Beginning January 1, 2008, the Department shall require as | 9 |
| a condition of eligibility that all new financially eligible | 10 |
| applicants apply for and enroll in medical assistance under | 11 |
| Article V of the Illinois Public Aid Code in accordance with | 12 |
| rules promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 14 |
| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 16 |
| Social
Security Act. The purpose of the amendments shall be to | 17 |
| extend eligibility
for home and community based services under | 18 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 19 |
| who transfer to or for the benefit of a
spouse those amounts of | 20 |
| income and resources allowed under Section 1924 of
the Social | 21 |
| 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 | 23 |
| Illinois
Public Aid Code to persons who, but for the provision | 24 |
| of home or
community-based services, would require the level of | 25 |
| care provided in an
institution, as is provided for in federal | 26 |
| law. Those persons no longer
found to be eligible for receiving |
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| noninstitutional services due to changes
in the eligibility | 2 |
| criteria shall be given 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 4 |
| contact the
Department and request the determination be | 5 |
| appealed at any time during the
60 day notice period. With the | 6 |
| exception of the lengthened notice and time
frame for the | 7 |
| 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 | 10 |
| notice and the
opportunity to purchase the necessary services | 11 |
| through the Community Care
Program. If the individual does not | 12 |
| elect to purchase services, the
Department shall advise the | 13 |
| individual of alternative services. The target
population | 14 |
| 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 | 16 |
| given to those
who are at imminent risk of | 17 |
| institutionalization. The services shall be
provided to | 18 |
| 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 | 22 |
| person's
condition. These non-institutional services, pilot | 23 |
| projects or
experimental facilities may be provided as part of | 24 |
| or in addition to
those authorized by federal law or those | 25 |
| funded and administered by the
Department of Human Services. | 26 |
| The Departments of Human Services, Healthcare and Family |
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| Services,
Public Health, Veterans' Affairs, and Commerce and | 2 |
| Economic Opportunity and
other appropriate agencies of State, | 3 |
| federal and local governments shall
cooperate with the | 4 |
| Department on Aging in the establishment and development
of the | 5 |
| non-institutional services. The Department shall require an | 6 |
| annual
audit from all chore/housekeeping and homemaker vendors | 7 |
| contracting with
the Department under this Section. The annual | 8 |
| audit shall assure that each
audited vendor's procedures are in | 9 |
| compliance with Department's financial
reporting guidelines | 10 |
| requiring an administrative and employee wage and benefits cost | 11 |
| split as defined in administrative rules. The audit is a public | 12 |
| record under
the Freedom of Information Act. The Department | 13 |
| shall execute, relative to
the nursing home prescreening | 14 |
| project, written inter-agency
agreements with the Department | 15 |
| of Human Services and the Department
of Healthcare and Family | 16 |
| Services, to effect the following: (1) intake procedures and | 17 |
| common
eligibility criteria for those persons who are receiving | 18 |
| non-institutional
services; and (2) the establishment and | 19 |
| development of non-institutional
services in areas of the State | 20 |
| where they are not currently available or are
undeveloped. On | 21 |
| and after July 1, 1996, all nursing home prescreenings for
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| individuals 60 years of age or older shall be conducted by the | 23 |
| Department.
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| As part of the Department on Aging's routine training of | 25 |
| case managers and case manager supervisors, the Department may | 26 |
| include information on family futures planning for persons who |
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| are age 60 or older and who are caregivers of their adult | 2 |
| children with developmental disabilities. The content of the | 3 |
| training shall be at the Department's discretion. | 4 |
| The Department is authorized to establish a system of | 5 |
| recipient copayment
for services provided under this Section, | 6 |
| such copayment to be based upon
the recipient's ability to pay | 7 |
| but in no case to exceed the actual cost of
the services | 8 |
| 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 | 10 |
| be
considered by the Department in determining the copayment. | 11 |
| The level of
such copayment shall be adjusted whenever | 12 |
| necessary to reflect any change
in the officially designated | 13 |
| federal poverty standard.
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| The Department, or the Department's authorized | 15 |
| representative, shall
recover the amount of moneys expended for | 16 |
| services provided to or in
behalf of a person under this | 17 |
| Section by a claim against the person's
estate or against the | 18 |
| estate of the person's surviving spouse, but no
recovery may be | 19 |
| had until after the death of the surviving spouse, if
any, and | 20 |
| then only at such time when there is no surviving child who
is | 21 |
| 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 | 23 |
| person, of
moneys for services provided to the person or in | 24 |
| behalf of the person under
this Section to which the person was | 25 |
| not entitled;
provided that such recovery shall not be enforced | 26 |
| against any real estate while
it is occupied as a homestead by |
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| the surviving spouse or other dependent, if no
claims by other | 2 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 4 |
| prosecution or
failure of the claimant to compel administration | 5 |
| of the estate for the purpose
of payment. This paragraph shall | 6 |
| not bar recovery from the estate of a spouse,
under Sections | 7 |
| 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 | 9 |
| 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 | 11 |
| claimed for
recovery from the deceased spouse's estate. | 12 |
| "Homestead", as used
in this paragraph, means the dwelling | 13 |
| 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 | 15 |
| Department of Healthcare and Family Services, regardless of the | 16 |
| value of the property.
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| The Department shall increase the effectiveness of the | 18 |
| existing Community Care Program by: | 19 |
| (1) ensuring that in-home services included in the care | 20 |
| plan are available on evenings and weekends; | 21 |
| (2) ensuring that care plans contain the services that | 22 |
| eligible participants' need based on the number of days in | 23 |
| a month, not limited to specific blocks of time, as | 24 |
| identified by the comprehensive assessment tool selected | 25 |
| by the Department for use statewide, not to exceed the | 26 |
| total monthly service cost maximum allowed for each |
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| service. The Department shall develop administrative rules | 2 |
| to implement this item (2); | 3 |
| (3) ensuring that the participants have the right to | 4 |
| choose the services contained in their care plan and to | 5 |
| direct how those services are provided, based on | 6 |
| administrative rules established by the Department; | 7 |
| (4) ensuring that the determination of need tool is | 8 |
| accurate in determining the participants' level of need; to | 9 |
| achieve this, the Department, in conjunction with the Older | 10 |
| Adult Services Advisory Committee, shall institute a study | 11 |
| of the relationship between the Determination of Need | 12 |
| scores, level of need, Service Cost Maximums and the | 13 |
| development and utilization of service plans no later than | 14 |
| May 1, 2008; findings and recommendations shall be | 15 |
| presented to the Governor and the General Assembly no later | 16 |
| than January 1, 2009; recommendations shall include all | 17 |
| needed changes to the service cost maximums schedule and | 18 |
| additional covered services; | 19 |
| (5) ensuring that homemakers can provide personal care | 20 |
| services that may or may not involve contact with clients, | 21 |
| including but not limited to: | 22 |
| (A) bathing; | 23 |
| (B) grooming; | 24 |
| (C) toileting; | 25 |
| (D) nail care; | 26 |
| (E) transferring; |
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| (F) respiratory services; | 2 |
| (G) exercise; or | 3 |
| (H) positioning; | 4 |
| (6) ensuring that homemaker program vendors are not | 5 |
| restricted from hiring homemakers who are family members of | 6 |
| clients or recommended by clients; the Department may not, | 7 |
| by rule or policy, require homemakers who are family | 8 |
| members of clients or recommended by clients to accept | 9 |
| assignments in homes other than the client; and | 10 |
| (7) ensuring that the State may access maximum federal | 11 |
| matching funds by seeking approval for the Centers for | 12 |
| Medicare and Medicaid Services for modifications to the | 13 |
| State's home and community based services waiver and | 14 |
| additional waiver opportunities in order to maximize | 15 |
| federal matching funds; this shall include, but not be | 16 |
| limited to, modification that reflects all changes in the | 17 |
| Community Care Program services and all increases in the | 18 |
| Services Cost Maximum. | 19 |
| By January 1, 2009 or as soon after the end of the Cash and | 20 |
| Counseling Demonstration Project as is practicable, the | 21 |
| Department may, based on its evaluation of the demonstration | 22 |
| project, promulgate rules concerning personal assistant | 23 |
| services to include, but need not be limited to, | 24 |
| qualifications, employment screening, rights under fair labor | 25 |
| standards, training, fiduciary agent, and supervision | 26 |
| requirements. All applicants shall be subject to the provisions |
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| of the Health Care Worker Background Check Act.
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| The Department shall develop procedures to enhance | 3 |
| availability of
services on evenings, weekends, and on an | 4 |
| emergency basis to meet the
respite needs of caregivers. | 5 |
| Procedures shall be developed to permit the
utilization of | 6 |
| services in successive blocks of 24 hours up to the monthly
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| maximum established by the Department. Workers providing these | 8 |
| services
shall be appropriately trained.
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| Beginning on the effective date of this Amendatory Act of | 10 |
| 1991, no person
may perform chore/housekeeping and homemaker | 11 |
| services under a program
authorized by this Section unless that | 12 |
| person has been issued a certificate
of pre-service to do so by | 13 |
| his or her employing agency. Information
gathered to effect | 14 |
| such certification shall include (i) the person's name,
(ii) | 15 |
| the date the person was hired by his or her current employer, | 16 |
| and
(iii) the training, including dates and levels. Persons | 17 |
| engaged in the
program authorized by this Section before the | 18 |
| effective date of this
amendatory Act of 1991 shall be issued a | 19 |
| certificate of all pre- and
in-service training from his or her | 20 |
| employer upon submitting the necessary
information. The | 21 |
| employing agency shall be required to retain records of
all | 22 |
| staff pre- and in-service training, and shall provide such | 23 |
| records to
the Department upon request and upon termination of | 24 |
| the employer's contract
with the Department. In addition, the | 25 |
| employing agency is responsible for
the issuance of | 26 |
| certifications of in-service training completed to their
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| employees.
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| The Department is required to develop a system to ensure | 3 |
| that persons
working as homemakers and chore housekeepers | 4 |
| receive increases in their
wages when the federal minimum wage | 5 |
| is increased by requiring vendors to
certify that they are | 6 |
| meeting the federal minimum wage statute for homemakers
and | 7 |
| chore housekeepers. An employer that cannot ensure that the | 8 |
| minimum
wage increase is being given to homemakers and chore | 9 |
| housekeepers
shall be denied any increase in reimbursement | 10 |
| costs.
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| The Community Care Program Advisory Committee is created in | 12 |
| the Department on Aging. The Director shall appoint individuals | 13 |
| to serve in the Committee, who shall serve at their own | 14 |
| expense. Members of the Committee must abide by all applicable | 15 |
| ethics laws. The Committee shall advise the Department on | 16 |
| issues related to the Department's program of services to | 17 |
| prevent unnecessary institutionalization. The Committee shall | 18 |
| meet on a bi-monthly basis and shall serve to identify and | 19 |
| advise the Department on present and potential issues affecting | 20 |
| the service delivery network, the program's clients, and the | 21 |
| Department and to recommend solution strategies. Persons | 22 |
| appointed to the Committee shall be appointed on, but not | 23 |
| limited to, their own and their agency's experience with the | 24 |
| program, geographic representation, and willingness to serve. | 25 |
| The Committee shall include, but not be limited to, | 26 |
| representatives from the following agencies and organizations: |
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| (a) at least 4 adult day service representatives; | 2 |
| (b) at least 4 case coordination unit representatives; | 3 |
| (c) at least 4 representatives from in-home direct care | 4 |
| service agencies; | 5 |
| (d) at least 2 representatives of statewide trade or | 6 |
| labor unions that represent in-home direct care service | 7 |
| staff;
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| (e) at least 2 representatives of Area Agencies on | 9 |
| Aging; | 10 |
| (f) at least 2 non-provider representatives from a | 11 |
| policy, advocacy, research, or other service organization; | 12 |
| (g) at least 2 representatives from a statewide | 13 |
| membership organization for senior citizens; and | 14 |
| (h) at least 2 citizen members 60 years of age or | 15 |
| older. | 16 |
| Nominations may be presented from any agency or State | 17 |
| association with interest in the program. The Director, or his | 18 |
| or her designee, shall serve as the permanent co-chair of the | 19 |
| advisory committee. One other co-chair shall be nominated and | 20 |
| approved by the members of the committee on an annual basis. | 21 |
| Committee members' terms of appointment shall be for 4 years | 22 |
| with one-quarter of the appointees' terms expiring each year. | 23 |
| At no time may a member serve more than one consecutive term in | 24 |
| any capacity on the committee. The Department shall fill | 25 |
| vacancies that have a remaining term of over one year, and this | 26 |
| replacement shall occur through the annual replacement of |
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| expiring terms. The Director shall designate Department staff | 2 |
| to provide technical assistance and staff support to the | 3 |
| committee. Department representation shall not constitute | 4 |
| membership of the committee. All Committee papers, issues, | 5 |
| recommendations, reports, and meeting memoranda are advisory | 6 |
| only. The Director, or his or her designee, shall make a | 7 |
| written report, as requested by the Committee, regarding issues | 8 |
| before the Committee.
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| The Department on Aging and the Department of Human | 10 |
| Services
shall cooperate in the development and submission of | 11 |
| an annual report on
programs and services provided under this | 12 |
| Section. Such joint report
shall be filed with the Governor and | 13 |
| the General Assembly on or before
September 30 each year.
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| The requirement for reporting to the General Assembly shall | 15 |
| be satisfied
by filing copies of the report with the Speaker, | 16 |
| the Minority Leader and
the Clerk of the House of | 17 |
| Representatives and the President, the Minority
Leader and the | 18 |
| Secretary of the Senate and the Legislative Research Unit,
as | 19 |
| required by Section 3.1 of the General Assembly Organization | 20 |
| Act and
filing such additional copies with the State Government | 21 |
| Report Distribution
Center for the General Assembly as is | 22 |
| required under paragraph (t) of
Section 7 of the State Library | 23 |
| Act.
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| Those persons previously found eligible for receiving | 25 |
| non-institutional
services whose services were discontinued | 26 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do |
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| not meet the eligibility standards in effect
on or after July | 2 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 3 |
| Those persons previously not required to cost-share and who | 4 |
| were
required to cost-share effective March 1, 1992, shall | 5 |
| continue to meet
cost-share requirements on and after July 1, | 6 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 7 |
| meet
eligibility, cost-share, and other requirements and will | 8 |
| have services
discontinued or altered when they fail to meet | 9 |
| these requirements.
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| For the purposes of this Section, "flexible senior | 11 |
| services" refers to services that require one-time or periodic | 12 |
| expenditures including, but not limited to, respite care, home | 13 |
| modification, assistive technology, housing assistance, and | 14 |
| transportation.
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| (Source: P.A. 93-85, eff. 1-1-04; 93-902, eff. 8-10-04; 94-48, | 16 |
| eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, eff. 7-26-05; | 17 |
| 94-954, eff. 6-27-06.)
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