State of Illinois
92nd General Assembly

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 1        AN ACT in relation to aging.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois Act on the Aging is amended by
 5    changing Section 4.02 as follows:

 6        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
 7        Sec. 4.02.  The Department shall establish a  program  of
 8    services   to  prevent  unnecessary  institutionalization  of
 9    persons age 60 and older in need of long term care or who are
10    established as persons who suffer from Alzheimer's disease or
11    a related disorder under the Alzheimer's  Disease  Assistance
12    Act, thereby enabling them to remain in their own homes or in
13    other  living  arrangements.  Such preventive services, which
14    may be coordinated with  other  programs  for  the  aged  and
15    monitored  by  area agencies on aging in cooperation with the
16    Department, may include, but are not limited to, any  or  all
17    of the following:
18             (a)  home health services;
19             (b)  home nursing services;
20             (c)  homemaker services;
21             (d)  chore and housekeeping services;
22             (e)  day care services;
23             (f)  home-delivered meals;
24             (g)  education in self-care;
25             (h)  personal care services;
26             (i)  adult day health services;
27             (j)  habilitation services;
28             (k)  respite care;
29             (l)  other   nonmedical  social  services  that  may
30        enable the person to become self-supporting; or
31             (m)  clearinghouse  for  information   provided   by
                            -2-               LRB9201786DJmgA
 1        senior  citizen  home owners who want to rent rooms to or
 2        share living space with other senior citizens.
 3        The Department shall establish eligibility standards  for
 4    such  services  taking into consideration the unique economic
 5    and social needs of the target population for whom  they  are
 6    to  be  provided.  The  eligibility  standards must include a
 7    provision that,  to  be  eligible  for  services  under  this
 8    Section,   a   person   may   not  have  assets  (other  than
 9    specifically exempt assets) totaling more than $20,000 if:
10             (1) the person is unmarried; or
11             (2)  the  person  is  married  and  the   Department
12        determines that:
13                  (A) the person's spouse receives services under
14             this Section; or
15                  (B)  the  person's  spouse resides in a skilled
16             nursing or intermediate long-term care facility that
17             is subject to licensure by the Department of  Public
18             Health under the Nursing Home Care Act; or
19                  (C)  the  person's  spouse does not reside on a
20             permanent basis with the person and does not receive
21             support from or give support to the person; or
22                  (D) the person has been abandoned by his or her
23             spouse; or
24                  (E) the person has been the subject of a report
25             of abuse (as defined in the Elder Abuse and  Neglect
26             Act) by his or her spouse.
27        Notwithstanding  the preceding paragraph, the eligibility
28    standards must also include a provision that, to be  eligible
29    for  services under this Section, a person who is married and
30    whose spouse does not receive services under this Section may
31    not have  assets  (other  than  specifically  exempt  assets)
32    totaling  more  than  the  asset disregard amount used by the
33    Department of  Public  Aid  in  determining  eligibility  for
34    medical assistance under Article V of the Illinois Public Aid
                            -3-               LRB9201786DJmgA
 1    Code.
 2        Such   eligibility   standards  shall  be  based  on  the
 3    recipient's ability to pay for services;  provided,  however,
 4    that  in  determining  the  amount and nature of services for
 5    which a person may qualify, consideration shall not be  given
 6    to  the  value  of cash, property or other assets held in the
 7    name of the person's spouse pursuant to a  written  agreement
 8    dividing  marital  property into equal but separate shares or
 9    pursuant to a transfer of the person's interest in a home  to
10    his  spouse,  provided that the spouse's share of the marital
11    property is not made available to  the  person  seeking  such
12    services.  The  Department  shall,  in  conjunction  with the
13    Department of Public Aid, seek appropriate  amendments  under
14    Sections  1915  and  1924  of  the  Social Security Act.  The
15    purpose of the amendments shall be to extend eligibility  for
16    home  and  community  based  services under Sections 1915 and
17    1924 of the Social Security Act to persons who transfer to or
18    for the benefit of a  spouse  those  amounts  of  income  and
19    resources  allowed  under Section 1924 of the Social Security
20    Act.   Subject  to  the  approval  of  such  amendments,  the
21    Department shall extend the provisions of Section 5-4 of  the
22    Illinois  Public  Aid  Code  to  persons  who,  but  for  the
23    provision  of home or community-based services, would require
24    the level of care provided in an institution, as is  provided
25    for in federal law.
26        Those   persons  no  longer  found  to  be  eligible  for
27    receiving noninstitutional services due  to  changes  in  the
28    eligibility  criteria  shall be given 60 days notice prior to
29    actual  termination.  Those  persons  receiving   notice   of
30    termination  may  contact  the  Department  and  request  the
31    determination  be  appealed  at  any  time  during the 60 day
32    notice period. With the exception of  the  lengthened  notice
33    and  time  frame  for  the appeal request, the appeal process
34    shall follow the normal procedure. In addition,  each  person
                            -4-               LRB9201786DJmgA
 1    affected  regardless  of  the  circumstances for discontinued
 2    eligibility shall be given  notice  and  the  opportunity  to
 3    purchase  the  necessary  services through the Community Care
 4    Program.  If  the  individual  does  not  elect  to  purchase
 5    services,  the  Department  shall  advise  the  individual of
 6    alternative services.
 7        The target population identified for the purposes of this
 8    Section are persons age  60  and  older  with  an  identified
 9    service  need.   Priority  shall be given to those who are at
10    imminent risk of institutionalization.  The services shall be
11    provided to eligible persons age 60 and older to  the  extent
12    that  the  cost  of  the  services  together  with  the other
13    personal maintenance expenses of the persons  are  reasonably
14    related  to  the  standards  established  for care in a group
15    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.
26        The Department shall require an  annual  audit  from  all
27    chore/housekeeping and homemaker vendors contracting with the
28    Department under this Section.  The annual audit shall assure
29    that  each audited vendor's procedures are in compliance with
30    Department's financial reporting guidelines requiring  a  27%
31    administrative  cost  split  and  a  73%  employee  wages and
32    benefits cost split.  The audit is a public record under  the
33    Freedom of Information Act.
34        The  Department  shall  execute,  relative to the nursing
                            -5-               LRB9201786DJmgA
 1    home prescreening project,  written  inter-agency  agreements
 2    with  the  Department of Human Services and the Department of
 3    Public Aid, to effect the following:  (1)  intake  procedures
 4    and  common  eligibility  criteria  for those persons who are
 5    receiving   non-institutional   services;   and    (2)    the
 6    establishment  and  development of non-institutional services
 7    in areas of the State where they are not currently  available
 8    or  are  undeveloped.  On and after July 1, 1996, all nursing
 9    home prescreenings for individuals 60 years of age  or  older
10    shall be conducted by the Department.
11        The  Department  is  authorized  to establish a system of
12    recipient copayment for services provided under this Section,
13    such copayment to be based upon the  recipient's  ability  to
14    pay  but in no case to exceed the actual cost of the services
15    provided. Additionally, any  portion  of  a  person's  income
16    which  is  equal to or less than the federal poverty standard
17    shall not be considered by the Department in determining  the
18    copayment.  The  level  of  such  copayment shall be adjusted
19    whenever necessary to reflect any change  in  the  officially
20    designated federal poverty standard.
21        The    Department,   or   the   Department's   authorized
22    representative, shall recover the amount of  moneys  expended
23    for  services provided to or in behalf of a person under this
24    Section by a claim against the person's estate or against the
25    estate of the person's surviving spouse, but no recovery  may
26    be had until after the death of the surviving spouse, if any,
27    and  then  only at such time when there is no surviving child
28    who is under  age  21,  blind,  or  permanently  and  totally
29    disabled.   This  paragraph, however, shall not bar recovery,
30    at the death of the person, of moneys for  services  provided
31    to  the  person or in behalf of the person under this Section
32    to which the person was  not  entitled;  provided  that  such
33    recovery  shall not be enforced against any real estate while
34    it is occupied as a homestead  by  the  surviving  spouse  or
                            -6-               LRB9201786DJmgA
 1    other  dependent,  if  no claims by other creditors have been
 2    filed against the estate, or, if such claims have been filed,
 3    they remain dormant for failure of prosecution or failure  of
 4    the  claimant  to compel administration of the estate for the
 5    purpose of payment.  This paragraph shall  not  bar  recovery
 6    from  the estate of a spouse, under Sections 1915 and 1924 of
 7    the Social Security Act  and  Section  5-4  of  the  Illinois
 8    Public  Aid  Code,  who  precedes a person receiving services
 9    under this Section in death.  All moneys for services paid to
10    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
14    spouse or relative, as defined by the rules  and  regulations
15    of  the  Illinois Department of Public Aid, regardless of the
16    value of the property.
17        The  Department  shall  develop  procedures  to   enhance
18    availability  of  services  on  evenings, weekends, and on an
19    emergency basis to meet  the  respite  needs  of  caregivers.
20    Procedures  shall  be  developed to permit the utilization of
21    services in successive blocks of 24 hours up to  the  monthly
22    maximum  established  by  the Department.   Workers providing
23    these services shall be appropriately trained.
24        Beginning on the effective date of this Amendatory Act of
25    1991, no person may perform chore/housekeeping and  homemaker
26    services  under  a  program authorized by this Section unless
27    that person has been issued a certificate of  pre-service  to
28    do  so  by his or her employing agency.  Information gathered
29    to effect such certification shall include (i)  the  person's
30    name,  (ii)  the  date  the  person  was  hired by his or her
31    current employer, and (iii) the training, including dates and
32    levels.  Persons engaged in the program  authorized  by  this
33    Section  before  the effective date of this amendatory Act of
34    1991 shall be issued a certificate of all pre- and in-service
                            -7-               LRB9201786DJmgA
 1    training  from  his  or  her  employer  upon  submitting  the
 2    necessary  information.   The  employing  agency   shall   be
 3    required  to  retain records of all staff pre- and in-service
 4    training, and shall provide such records  to  the  Department
 5    upon  request and upon termination of the employer's contract
 6    with the Department.  In addition, the  employing  agency  is
 7    responsible  for the issuance of certifications of in-service
 8    training completed to their employees.
 9        The Department is required to develop a system to  ensure
10    that  persons  working  as  homemakers and chore housekeepers
11    receive increases in their wages  when  the  federal  minimum
12    wage  is  increased by requiring vendors to certify that they
13    are meeting the federal minimum wage statute  for  homemakers
14    and  chore housekeepers.  An employer that cannot ensure that
15    the minimum wage increase is being given  to  homemakers  and
16    chore   housekeepers   shall   be   denied  any  increase  in
17    reimbursement costs.
18        The Department on  Aging  and  the  Department  of  Human
19    Services shall cooperate in the development and submission of
20    an annual report on programs and services provided under this
21    Section.   Such joint report shall be filed with the Governor
22    and the General Assembly on or before September 30 each year.
23        The requirement for reporting  to  the  General  Assembly
24    shall  be  satisfied  by filing copies of the report with the
25    Speaker, the Minority Leader and the Clerk of  the  House  of
26    Representatives  and  the  President, the Minority Leader and
27    the Secretary of the  Senate  and  the  Legislative  Research
28    Unit,  as  required  by  Section  3.1 of the General Assembly
29    Organization Act  and filing such additional copies with  the
30    State  Government  Report Distribution Center for the General
31    Assembly as is required under paragraph (t) of Section  7  of
32    the State Library Act.
33        Those  persons  previously  found  eligible for receiving
34    non-institutional services whose services  were  discontinued
                            -8-               LRB9201786DJmgA
 1    under  the  Emergency Budget Act of Fiscal Year 1992, and who
 2    do not meet the eligibility standards in effect on  or  after
 3    July  1,  1992,  shall remain ineligible on and after July 1,
 4    1992.  Those persons previously not  required  to  cost-share
 5    and  who were required to cost-share effective March 1, 1992,
 6    shall continue to meet cost-share requirements on  and  after
 7    July  1,  1992.   Beginning July 1, 1992, all clients will be
 8    required  to  meet   eligibility,   cost-share,   and   other
 9    requirements  and  will have services discontinued or altered
10    when they fail to meet these requirements.
11    (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.)

12        Section 99.  Effective date.  This Act  takes  effect  on
13    January 1, 2002.

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