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92_HB2398eng HB2398 Engrossed LRB9205588DJmg 1 AN ACT in relation to disabled persons. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Disabled Persons Rehabilitation Act is 5 amended by changing Section 3 as follows: 6 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 7 Sec. 3. Powers and duties. The Department shall have the 8 powers and duties enumerated herein: 9 (a) To co-operate with the federal government in the 10 administration of the provisions of the federal 11 Rehabilitation Act of 1973, as amended, of the Workforce 12 Investment Act of 1998, and of the federal Social Security 13 Act to the extent and in the manner provided in these Acts. 14 (b) To prescribe and supervise such courses of 15 vocational training and provide such other services as may be 16 necessary for the habilitation and rehabilitation of persons 17 with one or more disabilities, including the administrative 18 activities under subsection (e) of this Section, and to 19 co-operate with State and local school authorities and other 20 recognized agencies engaged in habilitation, rehabilitation 21 and comprehensive rehabilitation services; and to cooperate 22 with the Department of Children and Family Services regarding 23 the care and education of children with one or more 24 disabilities. 25 (c) To make such reports and submit such plans to the 26 federal government as are required by the provisions of the 27 federal Rehabilitation Act of 1973, as amended, and by the 28 rules and regulations of the federal agency or agencies 29 administering the federal Rehabilitation Act of 1973, as 30 amended, the Workforce Investment Act of 1998, and the 31 federal Social Security Act. HB2398 Engrossed -2- LRB9205588DJmg 1 (d) To report in writing, to the Governor, annually on 2 or before the first day of December, and at such other times 3 and in such manner and upon such subjects as the Governor may 4 require. The annual report shall contain (1) a statement of 5 the existing condition of comprehensive rehabilitation 6 services, habilitation and rehabilitation in the State; (2) a 7 statement of suggestions and recommendations with reference 8 to the development of comprehensive rehabilitation services, 9 habilitation and rehabilitation in the State; and (3) an 10 itemized statement of the amounts of money received from 11 federal, State and other sources, and of the objects and 12 purposes to which the respective items of these several 13 amounts have been devoted. 14 (e) To exercise, pursuant to Section 13 of this Act, 15 executive and administrative supervision over all 16 institutions, divisions, programs and services now existing 17 or hereafter acquired or created under the jurisdiction of 18 the Department, including, but not limited to, the following: 19 The Illinois School for the Visually Impaired at 20 Jacksonville, as provided under Section 10 of this Act, 21 The Illinois School for the Deaf at Jacksonville, as 22 provided under Section 10 of this Act, and 23 The Illinois Center for Rehabilitation and Education, as 24 provided under Section 11 of this Act. 25 (f) To establish a program of services to prevent 26 unnecessary institutionalization of persons with Alzheimer's 27 disease and related disorders or persons in need of long term 28 care who are established as blind or disabled as defined by 29 the Social Security Act, thereby enabling them to remain in 30 their own homes or other living arrangements. Such preventive 31 services may include, but are not limited to, any or all of 32 the following: 33 (1) home health services; 34 (2) home nursing services; HB2398 Engrossed -3- LRB9205588DJmg 1 (3) homemaker services; 2 (4) chore and housekeeping services; 3 (5) day care services; 4 (6) home-delivered meals; 5 (7) education in self-care; 6 (8) personal care services; 7 (9) adult day health services; 8 (10) habilitation services; 9 (11) respite care; or 10 (12) other nonmedical social services that may 11 enable the person to become self-supporting. 12 The Department shall establish eligibility standards for 13 such services taking into consideration the unique economic 14 and social needs of the population for whom they are to be 15 provided. Such eligibility standards may be based on the 16 recipient's ability to pay for services; provided, however, 17 that any portion of a person's income that is equal to or 18 less than the "protected income" level shall not be 19 considered by the Department in determining eligibility. The 20 "protected income" level shall be determined by the 21 Department, shall never be less than the federal poverty 22 standard, and shall be adjusted each year to reflect changes 23 in the Consumer Price Index For All Urban Consumers as 24 determined by the United States Department of Labor. 25 Additionally, in determining the amount and nature of 26 services for which a person may qualify, consideration shall 27 not be given to the value of cash, property or other assets 28 held in the name of the person's spouse pursuant to a written 29 agreement dividing marital property into equal but separate 30 shares or pursuant to a transfer of the person's interest in 31 a home to his spouse, provided that the spouse's share of the 32 marital property is not made available to the person seeking 33 such services. 34 The services shall be provided to eligible persons to HB2398 Engrossed -4- LRB9205588DJmg 1 prevent unnecessary or premature institutionalization, to the 2 extent that the cost of the services, together with the other 3 personal maintenance expenses of the persons, are reasonably 4 related to the standards established for care in a group 5 facility appropriate to their condition. These 6 non-institutional services, pilot projects or experimental 7 facilities may be provided as part of or in addition to those 8 authorized by federal law or those funded and administered by 9 the Illinois Department on Aging. 10 Personal care attendants shall be paid: 11 (i) A $5 per hour minimum rate beginning July 1, 12 1995. 13 (ii) A $5.30 per hour minimum rate beginning July 14 1, 1997. 15 (iii) A $5.40 per hour minimum rate beginning July 16 1, 1998. 17 The Department shall pay an amount into a health care 18 fund jointly administered by representatives of the 19 individuals who perform those services. The amount must 20 equal $1.40 for each hour of preventive services provided 21 under this Section. The Department must use the moneys in 22 the fund to provide comprehensive health care coverage for 23 all individuals who perform more than 20 hours of preventive 24 services per week. If such an individual has dependents, the 25 health care coverage must also be extended to those 26 dependents. 27 The Department shall execute, relative to the nursing 28 home prescreening project, as authorized by Section 4.03 of 29 the Illinois Act on the Aging, written inter-agency 30 agreements with the Department on Aging and the Department of 31 Public Aid, to effect the following: (i) intake procedures 32 and common eligibility criteria for those persons who are 33 receiving non-institutional services; and (ii) the 34 establishment and development of non-institutional services HB2398 Engrossed -5- LRB9205588DJmg 1 in areas of the State where they are not currently available 2 or are undeveloped. On and after July 1, 1996, all nursing 3 home prescreenings for individuals 18 through 59 years of age 4 shall be conducted by the Department. 5 The Department is authorized to establish a system of 6 recipient cost-sharing for services provided under this 7 Section. The cost-sharing shall be based upon the 8 recipient's ability to pay for services, but in no case shall 9 the recipient's share exceed the actual cost of the services 10 provided. Protected income shall not be considered by the 11 Department in its determination of the recipient's ability to 12 pay a share of the cost of services. The level of 13 cost-sharing shall be adjusted each year to reflect changes 14 in the "protected income" level. The Department shall deduct 15 from the recipient's share of the cost of services any money 16 expended by the recipient for disability-related expenses. 17 The Department, or the Department's authorized 18 representative, shall recover the amount of moneys expended 19 for services provided to or in behalf of a person under this 20 Section by a claim against the person's estate or against the 21 estate of the person's surviving spouse, but no recovery may 22 be had until after the death of the surviving spouse, if any, 23 and then only at such time when there is no surviving child 24 who is under age 21, blind, or permanently and totally 25 disabled. This paragraph, however, shall not bar recovery, 26 at the death of the person, of moneys for services provided 27 to the person or in behalf of the person under this Section 28 to which the person was not entitled; provided that such 29 recovery shall not be enforced against any real estate while 30 it is occupied as a homestead by the surviving spouse or 31 other dependent, if no claims by other creditors have been 32 filed against the estate, or, if such claims have been filed, 33 they remain dormant for failure of prosecution or failure of 34 the claimant to compel administration of the estate for the HB2398 Engrossed -6- LRB9205588DJmg 1 purpose of payment. This paragraph shall not bar recovery 2 from the estate of a spouse, under Sections 1915 and 1924 of 3 the Social Security Act and Section 5-4 of the Illinois 4 Public Aid Code, who precedes a person receiving services 5 under this Section in death. All moneys for services paid to 6 or in behalf of the person under this Section shall be 7 claimed for recovery from the deceased spouse's estate. 8 "Homestead", as used in this paragraph, means the dwelling 9 house and contiguous real estate occupied by a surviving 10 spouse or relative, as defined by the rules and regulations 11 of the Illinois Department of Public Aid, regardless of the 12 value of the property. 13 The Department and the Department on Aging shall 14 cooperate in the development and submission of an annual 15 report on programs and services provided under this Section. 16 Such joint report shall be filed with the Governor and the 17 General Assembly on or before March 30 each year. 18 The requirement for reporting to the General Assembly 19 shall be satisfied by filing copies of the report with the 20 Speaker, the Minority Leader and the Clerk of the House of 21 Representatives and the President, the Minority Leader and 22 the Secretary of the Senate and the Legislative Research 23 Unit, as required by Section 3.1 of the General Assembly 24 Organization Act, and filing additional copies with the State 25 Government Report Distribution Center for the General 26 Assembly as required under paragraph (t) of Section 7 of the 27 State Library Act. 28 (g) To establish such subdivisions of the Department as 29 shall be desirable and assign to the various subdivisions the 30 responsibilities and duties placed upon the Department by 31 law. 32 (h) To cooperate and enter into any necessary agreements 33 with the Department of Employment Security for the provision 34 of job placement and job referral services to clients of the HB2398 Engrossed -7- LRB9205588DJmg 1 Department, including job service registration of such 2 clients with Illinois Employment Security offices and making 3 job listings maintained by the Department of Employment 4 Security available to such clients. 5 (i) To possess all powers reasonable and necessary for 6 the exercise and administration of the powers, duties and 7 responsibilities of the Department which are provided for by 8 law. 9 (j) To establish a procedure whereby new providers of 10 personal care attendant services shall submit vouchers to the 11 State for payment two times during their first month of 12 employment and one time per month thereafter. In no case 13 shall the Department pay personal care attendants an hourly 14 wage that is less than the federal minimum wage. 15 (k) To provide adequate notice to providers of chore and 16 housekeeping services informing them that they are entitled 17 to an interest payment on bills which are not promptly paid 18 pursuant to Section 3 of the State Prompt Payment Act. 19 (l) To establish, operate and maintain a Statewide 20 Housing Clearinghouse of information on available, government 21 subsidized housing accessible to disabled persons and 22 available privately owned housing accessible to disabled 23 persons. The information shall include but not be limited to 24 the location, rental requirements, access features and 25 proximity to public transportation of available housing. The 26 Clearinghouse shall consist of at least a computerized 27 database for the storage and retrieval of information and a 28 separate or shared toll free telephone number for use by 29 those seeking information from the Clearinghouse. Department 30 offices and personnel throughout the State shall also assist 31 in the operation of the Statewide Housing Clearinghouse. 32 Cooperation with local, State and federal housing managers 33 shall be sought and extended in order to frequently and 34 promptly update the Clearinghouse's information. HB2398 Engrossed -8- LRB9205588DJmg 1 (Source: P.A. 90-365, eff. 8-10-97; 91-540, eff. 8-13-99.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.