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90_HB2543
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging. Requires a person
that provides certain services to prevent unnecessary
institutionalization to report or cause a report to be made
to the Department of Public Health if the person has cause to
believe an individual has been subjected to abuse or neglect.
Provides that a person who fails to comply is guilty of a
Class A misdemeanor.
LRB9008359NTsb
LRB9008359NTsb
1 AN ACT to amend the Illinois Act on the Aging by changing
2 Section 4.02.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 4.02 as follows:
7 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
8 Sec. 4.02. The Department shall establish a program of
9 services to prevent unnecessary institutionalization of
10 persons age 60 and older in need of long term care or who are
11 established as persons who suffer from Alzheimer's disease or
12 a related disorder under the Alzheimer's Disease Assistance
13 Act, thereby enabling them to remain in their own homes or in
14 other living arrangements. Such preventive services, which
15 may be coordinated with other programs for the aged and
16 monitored by area agencies on aging in cooperation with the
17 Department, may include, but are not limited to, any or all
18 of the following:
19 (a) home health services;
20 (b) home nursing services;
21 (c) homemaker services;
22 (d) chore and housekeeping services;
23 (e) day care services;
24 (f) home-delivered meals;
25 (g) education in self-care;
26 (h) personal care services;
27 (i) adult day health services;
28 (j) habilitation services;
29 (k) respite care; or
30 (l) other nonmedical social services that may enable the
31 person to become self-supporting.
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1 The Department shall establish eligibility standards for
2 such services taking into consideration the unique economic
3 and social needs of the target population for whom they are
4 to be provided. Such eligibility standards shall be based on
5 the recipient's ability to pay for services; provided,
6 however, that in determining the amount and nature of
7 services for which a person may qualify, consideration shall
8 not be given to the value of cash, property or other assets
9 held in the name of the person's spouse pursuant to a written
10 agreement dividing marital property into equal but separate
11 shares or pursuant to a transfer of the person's interest in
12 a home to his spouse, provided that the spouse's share of the
13 marital property is not made available to the person seeking
14 such services. The Department shall, in conjunction with the
15 Department of Public Aid, seek appropriate amendments under
16 Sections 1915 and 1924 of the Social Security Act. The
17 purpose of the amendments shall be to extend eligibility for
18 home and community based services under Sections 1915 and
19 1924 of the Social Security Act to persons who transfer to or
20 for the benefit of a spouse those amounts of income and
21 resources allowed under Section 1924 of the Social Security
22 Act. Subject to the approval of such amendments, the
23 Department shall extend the provisions of Section 5-4 of the
24 Illinois Public Aid Code to persons who, but for the
25 provision of home or community-based services, would require
26 the level of care provided in an institution, as is provided
27 for in federal law. Those persons no longer found to be
28 eligible for receiving noninstitutional services due to
29 changes in the eligibility criteria shall be given 60 days
30 notice prior to actual termination. Those persons receiving
31 notice of termination may contact the Department and request
32 the determination be appealed at any time during the 60 day
33 notice period. With the exception of the lengthened notice
34 and time frame for the appeal request, the appeal process
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1 shall follow the normal procedure. In addition, each person
2 affected regardless of the circumstances for discontinued
3 eligibility shall be given notice and the opportunity to
4 purchase the necessary services through the Community Care
5 Program. If the individual does not elect to purchase
6 services, the Department shall advise the individual of
7 alternative services. The target population identified for
8 the purposes of this Section are persons age 60 and older
9 with an identified service need. Priority shall be given to
10 those who are at imminent risk of institutionalization. The
11 services shall be provided to eligible persons age 60 and
12 older to the extent that the cost of the services together
13 with the other personal maintenance expenses of the persons
14 are reasonably related to the standards established for care
15 in a group facility appropriate to the person's condition.
16 These non-institutional services, pilot projects or
17 experimental facilities may be provided as part of or in
18 addition to those authorized by federal law or those funded
19 and administered by the Department of Human Services. The
20 Departments of Human Services, Public Aid, Public Health,
21 Veterans' Affairs, and Commerce and Community Affairs and
22 other appropriate agencies of State, federal and local
23 governments shall cooperate with the Department on Aging in
24 the establishment and development of the non-institutional
25 services. The Department shall require an annual audit from
26 all chore/housekeeping and homemaker vendors contracting with
27 the Department under this Section. The annual audit shall
28 assure that each audited vendor's procedures are in
29 compliance with Department's financial reporting guidelines
30 requiring a 27% administrative cost split and a 73% employee
31 wages and benefits cost split. The audit is a public record
32 under the Freedom of Information Act. The Department shall
33 execute, relative to the nursing home prescreening project,
34 written inter-agency agreements with the Department of Human
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1 Services and the Department of Public Aid, to effect the
2 following: (1) intake procedures and common eligibility
3 criteria for those persons who are receiving
4 non-institutional services; and (2) the establishment and
5 development of non-institutional services in areas of the
6 State where they are not currently available or are
7 undeveloped. On and after July 1, 1996, all nursing home
8 prescreenings for individuals 60 years of age or older shall
9 be conducted by the Department.
10 The Department is authorized to establish a system of
11 recipient copayment for services provided under this Section,
12 such copayment to be based upon the recipient's ability to
13 pay but in no case to exceed the actual cost of the services
14 provided. Additionally, any portion of a person's income
15 which is equal to or less than the federal poverty standard
16 shall not be considered by the Department in determining the
17 copayment. The level of such copayment shall be adjusted
18 whenever necessary to reflect any change in the officially
19 designated federal poverty standard.
20 The Department, or the Department's authorized
21 representative, shall recover the amount of moneys expended
22 for services provided to or in behalf of a person under this
23 Section by a claim against the person's estate or against the
24 estate of the person's surviving spouse, but no recovery may
25 be had until after the death of the surviving spouse, if any,
26 and then only at such time when there is no surviving child
27 who is under age 21, blind, or permanently and totally
28 disabled. This paragraph, however, shall not bar recovery,
29 at the death of the person, of moneys for services provided
30 to the person or in behalf of the person under this Section
31 to which the person was not entitled; provided that such
32 recovery shall not be enforced against any real estate while
33 it is occupied as a homestead by the surviving spouse or
34 other dependent, if no claims by other creditors have been
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1 filed against the estate, or, if such claims have been filed,
2 they remain dormant for failure of prosecution or failure of
3 the claimant to compel administration of the estate for the
4 purpose of payment. This paragraph shall not bar recovery
5 from the estate of a spouse, under Sections 1915 and 1924 of
6 the Social Security Act and Section 5-4 of the Illinois
7 Public Aid Code, who precedes a person receiving services
8 under this Section in death. All moneys for services paid to
9 or in behalf of the person under this Section shall be
10 claimed for recovery from the deceased spouse's estate.
11 "Homestead", as used in this paragraph, means the dwelling
12 house and contiguous real estate occupied by a surviving
13 spouse or relative, as defined by the rules and regulations
14 of the Illinois Department of Public Aid, regardless of the
15 value of the property.
16 The Department shall develop procedures to enhance
17 availability of services on evenings, weekends, and on an
18 emergency basis to meet the respite needs of caregivers.
19 Procedures shall be developed to permit the utilization of
20 services in successive blocks of 24 hours up to the monthly
21 maximum established by the Department. Workers providing
22 these services shall be appropriately trained.
23 The Department shall work in conjunction with the
24 Alzheimer's Task Force and members of the Alzheimer's
25 Association and other senior citizens' organizations in
26 developing these procedures by December 30, 1991.
27 Beginning on the effective date of this Amendatory Act of
28 1991, no person may perform chore/housekeeping and homemaker
29 services under a program authorized by this Section unless
30 that person has been issued a certificate of pre-service to
31 do so by his or her employing agency. Information gathered
32 to effect such certification shall include (i) the person's
33 name, (ii) the date the person was hired by his or her
34 current employer, and (iii) the training, including dates and
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1 levels. Persons engaged in the program authorized by this
2 Section before the effective date of this amendatory Act of
3 1991 shall be issued a certificate of all pre- and in-service
4 training from his or her employer upon submitting the
5 necessary information. The employing agency shall be
6 required to retain records of all staff pre- and in-service
7 training, and shall provide such records to the Department
8 upon request and upon termination of the employer's contract
9 with the Department. In addition, the employing agency is
10 responsible for the issuance of certifications of in-service
11 training completed to their employees.
12 The Department is required to develop a system to ensure
13 that persons working as homemakers and chore housekeepers
14 receive increases in their wages when the federal minimum
15 wage is increased by requiring vendors to certify that they
16 are meeting the federal minimum wage statute for homemakers
17 and chore housekeepers. An employer that cannot ensure that
18 the minimum wage increase is being given to homemakers and
19 chore housekeepers shall be denied any increase in
20 reimbursement costs.
21 The Department on Aging and the Department of Human
22 Services shall cooperate in the development and submission of
23 an annual report on programs and services provided under this
24 Section. Such joint report shall be filed with the Governor
25 and the General Assembly on or before September 30 each year.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Research
31 Unit, as required by Section 3.1 of the General Assembly
32 Organization Act and filing such additional copies with the
33 State Government Report Distribution Center for the General
34 Assembly as is required under paragraph (t) of Section 7 of
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1 the State Library Act.
2 Those persons previously found eligible for receiving
3 non-institutional services whose services were discontinued
4 under the Emergency Budget Act of Fiscal Year 1992, and who
5 do not meet the eligibility standards in effect on or after
6 July 1, 1992, shall remain ineligible on and after July 1,
7 1992. Those persons previously not required to cost-share
8 and who were required to cost-share effective March 1, 1992,
9 shall continue to meet cost-share requirements on and after
10 July 1, 1992. Beginning July 1, 1992, all clients will be
11 required to meet eligibility, cost-share, and other
12 requirements and will have services discontinued or altered
13 when they fail to meet these requirements.
14 Any person that provides any of these services, having
15 reasonable cause to believe an individual with whom he or she
16 has direct contact while providing any of these services has
17 been subjected to abuse or neglect, shall immediately report
18 or cause a report to be made to the Department of Public
19 Health. This paragraph also applies to an individual whose
20 death occurs from suspected abuse or neglect before being
21 found or brought to a hospital. A person required to make
22 reports or cause reports to be made under this paragraph who
23 fails to comply with the requirements of this paragraph is
24 guilty of a Class A misdemeanor.
25 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)