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-                LRB9208307DJpc
 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. Such eligibility standards shall be based  on
 7    the  recipient's  ability  to  pay  for  services;  provided,
 8    however,  that  in  determining  the  amount  and  nature  of
 9    services  for which a person may qualify, consideration shall
10    not be given to the value of cash, property or  other  assets
11    held in the name of the person's spouse pursuant to a written
12    agreement  dividing  marital property into equal but separate
13    shares or pursuant to a transfer of the person's interest  in
14    a home to his spouse, provided that the spouse's share of the
15    marital  property is not made available to the person seeking
16    such services.
17        The Department shall, in conjunction with the  Department
18    of  Public  Aid,  seek  appropriate amendments under Sections
19    1915 and 1924 of the Social Security Act.  The purpose of the
20    amendments shall  be  to  extend  eligibility  for  home  and
21    community  based services under Sections 1915 and 1924 of the
22    Social Security Act to persons who transfer  to  or  for  the
23    benefit  of  a  spouse  those amounts of income and resources
24    allowed under  Section  1924  of  the  Social  Security  Act.
25    Subject  to  the  approval of such amendments, the Department
26    shall extend the provisions of Section 5-4  of  the  Illinois
27    Public Aid Code to persons who, but for the provision of home
28    or  community-based services, would require the level of care
29    provided in an institution, as is  provided  for  in  federal
30    law.
31        Those   persons  no  longer  found  to  be  eligible  for
32    receiving noninstitutional services due  to  changes  in  the
33    eligibility  criteria  shall be given 60 days notice prior to
34    actual  termination.  Those  persons  receiving   notice   of
                            -3-                LRB9208307DJpc
 1    termination  may  contact  the  Department  and  request  the
 2    determination  be  appealed  at  any  time  during the 60 day
 3    notice period. With the exception of  the  lengthened  notice
 4    and  time  frame  for  the appeal request, the appeal process
 5    shall follow the normal procedure. In addition,  each  person
 6    affected  regardless  of  the  circumstances for discontinued
 7    eligibility shall be given  notice  and  the  opportunity  to
 8    purchase  the  necessary  services through the Community Care
 9    Program.  If  the  individual  does  not  elect  to  purchase
10    services,  the  Department  shall  advise  the  individual of
11    alternative services.
12        The target population identified for the purposes of this
13    Section are persons age  60  and  older  with  an  identified
14    service  need.   Priority  shall be given to those who are at
15    imminent risk of institutionalization.
16        The services shall be provided to eligible persons age 60
17    and older to  the  extent  that  the  cost  of  the  services
18    together  with the other personal maintenance expenses of the
19    persons are reasonably related to the  standards  established
20    for  care  in  a  group  facility appropriate to the person's
21    condition.  These non-institutional services, pilot  projects
22    or  experimental  facilities may be provided as part of or in
23    addition to those authorized by federal law or  those  funded
24    and  administered  by  the Department of Human Services.  The
25    Departments of Human Services,  Public  Aid,  Public  Health,
26    Veterans'  Affairs,  and  Commerce  and Community Affairs and
27    other  appropriate  agencies  of  State,  federal  and  local
28    governments shall cooperate with the Department on  Aging  in
29    the  establishment  and  development of the non-institutional
30    services.
31        The Department shall require an  annual  audit  from  all
32    chore/housekeeping and homemaker vendors contracting with the
33    Department under this Section.  The annual audit shall assure
34    that  each audited vendor's procedures are in compliance with
                            -4-                LRB9208307DJpc
 1    Department's financial reporting guidelines requiring  a  27%
 2    administrative  cost  split  and  a  73%  employee  wages and
 3    benefits cost split.  The audit is a public record under  the
 4    Freedom of Information Act.
 5        The  requirements  of  this  paragraph  are subject to an
 6    increase  in  the  rates  paid  to   chore/housekeeping   and
 7    homemaker  vendors contracting with the Department under this
 8    Section.  Out of the 27% of the hourly rate reserved for each
 9    such vendor's administrative costs, the vendor  must  pay  an
10    amount  into  an  appropriate  multi-vendor  health care fund
11    jointly administered by vendors and individuals  who  perform
12    the  chore/housekeeping  and  homemaker services.  The amount
13    must equal $1.40 for  each  hour  of  chore/housekeeping  and
14    homemaker   services   performed  pursuant  to  the  vendor's
15    contract with the Department under this Section.  The vendors
16    must use the moneys in  the  fund  to  provide  comprehensive
17    health  care  coverage  for  all  individuals employed by the
18    vendor or under contract with the  vendor  who  perform  more
19    than 20 hours of chore/housekeeping or homemaker services per
20    week.   If such an individual has dependents, the health care
21    coverage must also be extended to  those  dependents.   If  a
22    vendor fails to pay an amount into the fund as required under
23    this  paragraph,  the  vendor  must  pay  that  amount to the
24    Department.  The annual audit  required  under  this  Section
25    shall  ensure  that  vendors  comply with the requirements of
26    this paragraph.
27        The Department shall execute,  relative  to  the  nursing
28    home  prescreening  project,  written inter-agency agreements
29    with the Department of Human Services and the  Department  of
30    Public  Aid,  to effect the following:  (1) intake procedures
31    and common eligibility criteria for  those  persons  who  are
32    receiving    non-institutional    services;   and   (2)   the
33    establishment and development of  non-institutional  services
34    in  areas of the State where they are not currently available
                            -5-                LRB9208307DJpc
 1    or are undeveloped. On and after July 1,  1996,  all  nursing
 2    home  prescreenings  for individuals 60 years of age or older
 3    shall be conducted by the Department.
 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
 7    pay but in no case to exceed the actual cost of the  services
 8    provided.  Additionally,  any  portion  of  a person's income
 9    which is equal to or less than the federal  poverty  standard
10    shall  not be considered by the Department in determining the
11    copayment. The level of  such  copayment  shall  be  adjusted
12    whenever  necessary  to  reflect any change in the officially
13    designated federal poverty standard.
14        The   Department,   or   the   Department's    authorized
15    representative,  shall  recover the amount of moneys expended
16    for 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
19    be had until after the death of the surviving spouse, if any,
20    and then only at such time when there is no  surviving  child
21    who  is  under  age  21,  blind,  or  permanently and totally
22    disabled.  This paragraph, however, shall not  bar  recovery,
23    at  the  death of the person, of moneys for services provided
24    to the person or in behalf of the person under  this  Section
25    to  which  the  person  was  not entitled; provided that such
26    recovery shall not be enforced against any real estate  while
27    it  is  occupied  as  a  homestead by the surviving spouse or
28    other dependent, if no claims by other  creditors  have  been
29    filed against the estate, or, if such claims have been filed,
30    they  remain dormant for failure of prosecution or failure of
31    the claimant to compel administration of the estate  for  the
32    purpose  of  payment.   This paragraph shall not bar recovery
33    from the estate of a spouse, under Sections 1915 and 1924  of
34    the  Social  Security  Act  and  Section  5-4 of the Illinois
                            -6-                LRB9208307DJpc
 1    Public Aid Code, who precedes  a  person  receiving  services
 2    under this Section in death.  All moneys for services paid to
 3    or  in  behalf  of  the  person  under  this Section shall be
 4    claimed for  recovery  from  the  deceased  spouse's  estate.
 5    "Homestead",  as  used  in this paragraph, means the dwelling
 6    house and contiguous real  estate  occupied  by  a  surviving
 7    spouse  or  relative, as defined by the rules and regulations
 8    of the Illinois Department of Public Aid, regardless  of  the
 9    value of the property.
10        The   Department  shall  develop  procedures  to  enhance
11    availability of services on evenings,  weekends,  and  on  an
12    emergency  basis  to  meet  the  respite needs of caregivers.
13    Procedures shall be developed to permit  the  utilization  of
14    services  in  successive blocks of 24 hours up to the monthly
15    maximum established by the  Department.    Workers  providing
16    these services shall be appropriately trained.
17        Beginning on the effective date of this Amendatory Act of
18    1991,  no person may perform chore/housekeeping and homemaker
19    services under a program authorized by  this  Section  unless
20    that  person  has been issued a certificate of pre-service to
21    do so by his or her employing agency.   Information  gathered
22    to  effect  such certification shall include (i) the person's
23    name, (ii) the date the  person  was  hired  by  his  or  her
24    current employer, and (iii) the training, including dates and
25    levels.   Persons  engaged  in the program authorized by this
26    Section before the effective date of this amendatory  Act  of
27    1991 shall be issued a certificate of all pre- and in-service
28    training  from  his  or  her  employer  upon  submitting  the
29    necessary   information.    The  employing  agency  shall  be
30    required to retain records of all staff pre-  and  in-service
31    training,  and  shall  provide such records to the Department
32    upon request and upon termination of the employer's  contract
33    with  the  Department.   In addition, the employing agency is
34    responsible for the issuance of certifications of  in-service
                            -7-                LRB9208307DJpc
 1    training completed to their employees.
 2        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
 5    wage is increased by requiring vendors to certify  that  they
 6    are  meeting  the federal minimum wage statute for homemakers
 7    and chore housekeepers.  An employer that cannot ensure  that
 8    the  minimum  wage  increase is being given to homemakers and
 9    chore  housekeepers  shall  be   denied   any   increase   in
10    reimbursement costs.
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
15    and the General Assembly on or before September 30 each year.
16        The  requirement  for  reporting  to the General Assembly
17    shall be satisfied by filing copies of the  report  with  the
18    Speaker,  the  Minority  Leader and the Clerk of the House of
19    Representatives and the President, the  Minority  Leader  and
20    the  Secretary  of  the  Senate  and the Legislative Research
21    Unit, as required by Section  3.1  of  the  General  Assembly
22    Organization  Act  and filing such additional copies with the
23    State Government Report Distribution Center for  the  General
24    Assembly  as  is required under paragraph (t) of Section 7 of
25    the State Library Act.
26        Those persons previously  found  eligible  for  receiving
27    non-institutional  services  whose services were discontinued
28    under the Emergency Budget Act of Fiscal Year 1992,  and  who
29    do  not  meet the eligibility standards in effect on or after
30    July 1, 1992, shall remain ineligible on and  after  July  1,
31    1992.   Those  persons  previously not required to cost-share
32    and who were required to cost-share effective March 1,  1992,
33    shall  continue  to meet cost-share requirements on and after
34    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
                            -8-                LRB9208307DJpc
 1    required   to   meet   eligibility,   cost-share,  and  other
 2    requirements and will have services discontinued  or  altered
 3    when they fail to meet these requirements.
 4    (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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