State of Illinois
92nd General Assembly
Legislation

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92_HB4961eng

 
HB4961 Engrossed                               LRB9214126AGmb

 1        AN ACT concerning personal care attendants.

 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        (Text of Section before amendment by P.A. 92-84)
 8        Sec. 3.  Powers and duties. The Department shall have the
 9    powers and duties enumerated herein:
10        (a)  To co-operate with the  federal  government  in  the
11    administration    of    the   provisions   of   the   federal
12    Rehabilitation Act of 1973,  as  amended,  of  the  Workforce
13    Investment  Act  of  1998, and of the federal Social Security
14    Act to the extent and in the manner provided in these Acts.
15        (b)  To  prescribe  and   supervise   such   courses   of
16    vocational training and provide such other services as may be
17    necessary  for the habilitation and rehabilitation of persons
18    with one or more disabilities, including  the  administrative
19    activities  under  subsection  (e)  of  this  Section, and to
20    co-operate with State and local school authorities and  other
21    recognized  agencies  engaged in habilitation, rehabilitation
22    and comprehensive rehabilitation services; and  to  cooperate
23    with the Department of Children and Family Services regarding
24    the   care  and  education  of  children  with  one  or  more
25    disabilities.
26        (c)  To make such reports and submit such  plans  to  the
27    federal  government  as are required by the provisions of the
28    federal Rehabilitation Act of 1973, as amended,  and  by  the
29    rules  and  regulations  of  the  federal  agency or agencies
30    administering the federal  Rehabilitation  Act  of  1973,  as
31    amended,  the  Workforce  Investment  Act  of  1998,  and the
 
HB4961 Engrossed            -2-                LRB9214126AGmb
 1    federal Social Security Act.
 2        (d)  To report in writing, to the Governor,  annually  on
 3    or  before the first day of December, and at such other times
 4    and in such manner and upon such subjects as the Governor may
 5    require.  The annual report shall contain (1) a statement  of
 6    the   existing   condition  of  comprehensive  rehabilitation
 7    services, habilitation and rehabilitation in the State; (2) a
 8    statement of suggestions and recommendations  with  reference
 9    to  the development of comprehensive rehabilitation services,
10    habilitation and rehabilitation in  the  State;  and  (3)  an
11    itemized  statement  of  the  amounts  of money received from
12    federal, State and other sources,  and  of  the  objects  and
13    purposes  to  which  the  respective  items  of these several
14    amounts have been devoted.
15        (e)  To exercise, pursuant to Section  13  of  this  Act,
16    executive    and    administrative   supervision   over   all
17    institutions, divisions, programs and services  now  existing
18    or  hereafter  acquired  or created under the jurisdiction of
19    the Department, including, but not limited to, the following:
20        The  Illinois  School  for  the  Visually   Impaired   at
21    Jacksonville, as provided under Section 10 of this Act,
22        The  Illinois  School  for  the  Deaf at Jacksonville, as
23    provided under Section 10 of this Act, and
24        The Illinois Center for Rehabilitation and Education,  as
25    provided under Section 11 of this Act.
26        (f)  To  establish  a  program  of  services  to  prevent
27    unnecessary  institutionalization of persons with Alzheimer's
28    disease and related disorders or persons in need of long term
29    care who are established as blind or disabled as  defined  by
30    the  Social  Security Act, thereby enabling them to remain in
31    their own homes or other living arrangements. Such preventive
32    services may include, but are not limited to, any or  all  of
33    the following:
34             (1)  home health services;
 
HB4961 Engrossed            -3-                LRB9214126AGmb
 1             (2)  home nursing services;
 2             (3)  homemaker services;
 3             (4)  chore and housekeeping services;
 4             (5)  day care services;
 5             (6)  home-delivered meals;
 6             (7)  education in self-care;
 7             (8)  personal care services;
 8             (9)  adult day health services;
 9             (10)  habilitation services;
10             (11)  respite care; or
11             (12)  other  nonmedical  social  services  that  may
12        enable the person to become self-supporting.
13        The  Department shall establish eligibility standards for
14    such services taking into consideration the  unique  economic
15    and  social  needs  of the population for whom they are to be
16    provided.  Such eligibility standards may  be  based  on  the
17    recipient's  ability  to pay for services; provided, however,
18    that any portion of a person's income that  is  equal  to  or
19    less   than   the  "protected  income"  level  shall  not  be
20    considered by the Department in determining eligibility.  The
21    "protected  income"  level  shall  be   determined   by   the
22    Department,  shall  never  be  less  than the federal poverty
23    standard, and shall be adjusted each year to reflect  changes
24    in  the  Consumer  Price  Index  For  All  Urban Consumers as
25    determined  by  the  United  States  Department   of   Labor.
26    Additionally,   in  determining  the  amount  and  nature  of
27    services for which a person may qualify, consideration  shall
28    not  be  given to the value of cash, property or other assets
29    held in the name of the person's spouse pursuant to a written
30    agreement dividing marital property into equal  but  separate
31    shares  or pursuant to a transfer of the person's interest in
32    a home to his spouse, provided that the spouse's share of the
33    marital property is not made available to the person  seeking
34    such services.
 
HB4961 Engrossed            -4-                LRB9214126AGmb
 1        The  services  shall  be  provided to eligible persons to
 2    prevent unnecessary or premature institutionalization, to the
 3    extent that the cost of the services, together with the other
 4    personal maintenance expenses of the persons, are  reasonably
 5    related  to  the  standards  established  for care in a group
 6    facility   appropriate    to    their    condition.     These
 7    non-institutional  services,  pilot  projects or experimental
 8    facilities may be provided as part of or in addition to those
 9    authorized by federal law or those funded and administered by
10    the Illinois Department on Aging.
11        Personal care attendants shall be paid:
12             (i)  A $5 per hour minimum rate  beginning  July  1,
13        1995.
14             (ii)  A  $5.30  per hour minimum rate beginning July
15        1, 1997.
16             (iii)  A $5.40 per hour minimum rate beginning  July
17        1, 1998.
18             (iv)  A  $6  per hour minimum rate beginning July 1,
19        2000.
20             (v)  A $7 per hour minimum rate beginning January 1,
21        2002.
22             (vi)  An $8 per hour minimum rate beginning July  1,
23        2002.
24        The  Department  shall  execute,  relative to the nursing
25    home prescreening project, as authorized by Section  4.03  of
26    the   Illinois   Act   on  the  Aging,  written  inter-agency
27    agreements with the Department on Aging and the Department of
28    Public Aid, to effect the following:  (i)  intake  procedures
29    and  common  eligibility  criteria  for those persons who are
30    receiving   non-institutional   services;   and   (ii)    the
31    establishment  and  development of non-institutional services
32    in areas of the State where they are not currently  available
33    or  are  undeveloped.  On and after July 1, 1996, all nursing
34    home prescreenings for individuals 18 through 59 years of age
 
HB4961 Engrossed            -5-                LRB9214126AGmb
 1    shall be conducted by the Department.
 2        The Department is authorized to  establish  a  system  of
 3    recipient  cost-sharing  for  services  provided  under  this
 4    Section.    The   cost-sharing   shall   be  based  upon  the
 5    recipient's ability to pay for services, but in no case shall
 6    the recipient's share exceed the actual cost of the  services
 7    provided.   Protected  income  shall not be considered by the
 8    Department in its determination of the recipient's ability to
 9    pay  a  share  of  the  cost  of  services.   The  level   of
10    cost-sharing  shall  be adjusted each year to reflect changes
11    in the "protected income" level.  The Department shall deduct
12    from the recipient's share of the cost of services any  money
13    expended by the recipient for disability-related expenses.
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
 
HB4961 Engrossed            -6-                LRB9214126AGmb
 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  and  the  Department  on   Aging   shall
11    cooperate  in  the  development  and  submission of an annual
12    report on programs and services provided under this  Section.
13    Such  joint  report  shall be filed with the Governor and the
14    General Assembly on or before March 30 each year.
15        The requirement for reporting  to  the  General  Assembly
16    shall  be  satisfied  by filing copies of the report with the
17    Speaker, the Minority Leader and the Clerk of  the  House  of
18    Representatives  and  the  President, the Minority Leader and
19    the Secretary of the  Senate  and  the  Legislative  Research
20    Unit,  as  required  by  Section  3.1 of the General Assembly
21    Organization Act, and filing additional copies with the State
22    Government  Report  Distribution  Center  for   the   General
23    Assembly  as required under paragraph (t) of Section 7 of the
24    State Library Act.
25        (g)  To establish such subdivisions of the Department  as
26    shall be desirable and assign to the various subdivisions the
27    responsibilities  and  duties  placed  upon the Department by
28    law.
29        (h)  To cooperate and enter into any necessary agreements
30    with the Department of Employment Security for the  provision
31    of  job placement and job referral services to clients of the
32    Department,  including  job  service  registration  of   such
33    clients  with Illinois Employment Security offices and making
34    job listings  maintained  by  the  Department  of  Employment
 
HB4961 Engrossed            -7-                LRB9214126AGmb
 1    Security available to such clients.
 2        (i)  To  possess  all powers reasonable and necessary for
 3    the exercise and administration of  the  powers,  duties  and
 4    responsibilities  of the Department which are provided for by
 5    law.
 6        (j)  To establish a procedure whereby  new  providers  of
 7    personal care attendant services shall submit vouchers to the
 8    State  for  payment  two  times  during  their first month of
 9    employment and one time per month  thereafter.   In  no  case
10    shall  the  Department pay personal care attendants an hourly
11    wage that is less than the federal minimum wage.
12        (k)  To provide adequate notice to providers of chore and
13    housekeeping services informing them that they  are  entitled
14    to  an  interest payment on bills which are not promptly paid
15    pursuant to Section 3 of the State Prompt Payment Act.
16        (l)  To  establish,  operate  and  maintain  a  Statewide
17    Housing Clearinghouse of information on available, government
18    subsidized  housing  accessible  to  disabled   persons   and
19    available  privately  owned  housing  accessible  to disabled
20    persons.  The information shall include but not be limited to
21    the  location,  rental  requirements,  access  features   and
22    proximity to public transportation of available housing.  The
23    Clearinghouse  shall  consist  of  at  least  a  computerized
24    database  for  the storage and retrieval of information and a
25    separate or shared toll free  telephone  number  for  use  by
26    those seeking information from the Clearinghouse.  Department
27    offices  and personnel throughout the State shall also assist
28    in the operation  of  the  Statewide  Housing  Clearinghouse.
29    Cooperation  with  local,  State and federal housing managers
30    shall be sought and  extended  in  order  to  frequently  and
31    promptly update the Clearinghouse's information.
32    (Source: P.A.  90-365, eff. 8-10-97; 91-540, eff. 8-13-99.)

33        (Text of Section after amendment by P.A. 92-84)
34        Sec. 3.  Powers and duties. The Department shall have the
 
HB4961 Engrossed            -8-                LRB9214126AGmb
 1    powers and duties enumerated herein:
 2        (a)  To  co-operate  with  the  federal government in the
 3    administration   of   the   provisions   of    the    federal
 4    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
 5    Investment Act of 1998, and of the  federal  Social  Security
 6    Act to the extent and in the manner provided in these Acts.
 7        (b)  To   prescribe   and   supervise   such  courses  of
 8    vocational training and provide such other services as may be
 9    necessary for the habilitation and rehabilitation of  persons
10    with  one  or more disabilities, including the administrative
11    activities under subsection  (e)  of  this  Section,  and  to
12    co-operate  with State and local school authorities and other
13    recognized agencies engaged in  habilitation,  rehabilitation
14    and  comprehensive  rehabilitation services; and to cooperate
15    with the Department of Children and Family Services regarding
16    the  care  and  education  of  children  with  one  or   more
17    disabilities.
18        (c)  (Blank).
19        (d)  To  report  in writing, to the Governor, annually on
20    or before the first day of December, and at such other  times
21    and in such manner and upon such subjects as the Governor may
22    require.   The annual report shall contain (1) a statement of
23    the  existing  condition  of   comprehensive   rehabilitation
24    services, habilitation and rehabilitation in the State; (2) a
25    statement  of  suggestions and recommendations with reference
26    to the development of comprehensive rehabilitation  services,
27    habilitation  and  rehabilitation  in  the  State; and (3) an
28    itemized statement of the  amounts  of  money  received  from
29    federal,  State  and  other  sources,  and of the objects and
30    purposes to which  the  respective  items  of  these  several
31    amounts have been devoted.
32        (e)  (Blank).
33        (f)  To  establish  a  program  of  services  to  prevent
34    unnecessary  institutionalization of persons with Alzheimer's
 
HB4961 Engrossed            -9-                LRB9214126AGmb
 1    disease and related disorders or persons in need of long term
 2    care who are established as blind or disabled as  defined  by
 3    the  Social  Security Act, thereby enabling them to remain in
 4    their own homes or other living arrangements. Such preventive
 5    services may include, but are not limited to, any or  all  of
 6    the following:
 7             (1)  home health services;
 8             (2)  home nursing services;
 9             (3)  homemaker services;
10             (4)  chore and housekeeping services;
11             (5)  day care services;
12             (6)  home-delivered meals;
13             (7)  education in self-care;
14             (8)  personal care services;
15             (9)  adult day health services;
16             (10)  habilitation services;
17             (11)  respite care; or
18             (12)  other  nonmedical  social  services  that  may
19        enable the person to become self-supporting.
20        The  Department shall establish eligibility standards for
21    such services taking into consideration the  unique  economic
22    and  social  needs  of the population for whom they are to be
23    provided.  Such eligibility standards may  be  based  on  the
24    recipient's  ability  to pay for services; provided, however,
25    that any portion of a person's income that  is  equal  to  or
26    less   than   the  "protected  income"  level  shall  not  be
27    considered by the Department in determining eligibility.  The
28    "protected  income"  level  shall  be   determined   by   the
29    Department,  shall  never  be  less  than the federal poverty
30    standard, and shall be adjusted each year to reflect  changes
31    in  the  Consumer  Price  Index  For  All  Urban Consumers as
32    determined  by  the  United  States  Department   of   Labor.
33    Additionally,   in  determining  the  amount  and  nature  of
34    services for which a person may qualify, consideration  shall
 
HB4961 Engrossed            -10-               LRB9214126AGmb
 1    not  be  given to the value of cash, property or other assets
 2    held in the name of the person's spouse pursuant to a written
 3    agreement dividing marital property into equal  but  separate
 4    shares  or pursuant to a transfer of the person's interest in
 5    a home to his spouse, provided that the spouse's share of the
 6    marital property is not made available to the person  seeking
 7    such services.
 8        The  services  shall  be  provided to eligible persons to
 9    prevent unnecessary or premature institutionalization, to the
10    extent that the cost of the services, together with the other
11    personal maintenance expenses of the persons, are  reasonably
12    related  to  the  standards  established  for care in a group
13    facility   appropriate    to    their    condition.     These
14    non-institutional  services,  pilot  projects or experimental
15    facilities may be provided as part of or in addition to those
16    authorized by federal law or those funded and administered by
17    the Illinois Department on Aging.
18        Personal care attendants shall be paid:
19             (i)  A $5 per hour minimum rate  beginning  July  1,
20        1995.
21             (ii)  A  $5.30  per hour minimum rate beginning July
22        1, 1997.
23             (iii)  A $5.40 per hour minimum rate beginning  July
24        1, 1998.
25             (iv)  A  $6  per hour minimum rate beginning July 1,
26        2000.
27             (v)  A $7 per hour minimum rate beginning January 1,
28        2002.
29             (vi)  An $8 per hour minimum rate beginning July  1,
30        2002.
31        The  Department  shall  execute,  relative to the nursing
32    home prescreening project, as authorized by Section  4.03  of
33    the   Illinois   Act   on  the  Aging,  written  inter-agency
34    agreements with the Department on Aging and the Department of
 
HB4961 Engrossed            -11-               LRB9214126AGmb
 1    Public Aid, to effect the following:  (i)  intake  procedures
 2    and  common  eligibility  criteria  for those persons who are
 3    receiving   non-institutional   services;   and   (ii)    the
 4    establishment  and  development of non-institutional services
 5    in areas of the State where they are not currently  available
 6    or  are  undeveloped.  On and after July 1, 1996, all nursing
 7    home prescreenings for individuals 18 through 59 years of age
 8    shall be conducted by the Department.
 9        The Department is authorized to  establish  a  system  of
10    recipient  cost-sharing  for  services  provided  under  this
11    Section.    The   cost-sharing   shall   be  based  upon  the
12    recipient's ability to pay for services, but in no case shall
13    the recipient's share exceed the actual cost of the  services
14    provided.   Protected  income  shall not be considered by the
15    Department in its determination of the recipient's ability to
16    pay  a  share  of  the  cost  of  services.   The  level   of
17    cost-sharing  shall  be adjusted each year to reflect changes
18    in the "protected income" level.  The Department shall deduct
19    from the recipient's share of the cost of services any  money
20    expended by the recipient for disability-related expenses.
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
 
HB4961 Engrossed            -12-               LRB9214126AGmb
 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  and  the  Department  on   Aging   shall
18    cooperate  in  the  development  and  submission of an annual
19    report on programs and services provided under this  Section.
20    Such  joint  report  shall be filed with the Governor and the
21    General Assembly on or before March 30 each year.
22        The requirement for reporting  to  the  General  Assembly
23    shall  be  satisfied  by filing copies of the report with the
24    Speaker, the Minority Leader and the Clerk of  the  House  of
25    Representatives  and  the  President, the Minority Leader and
26    the Secretary of the  Senate  and  the  Legislative  Research
27    Unit,  as  required  by  Section  3.1 of the General Assembly
28    Organization Act, and filing additional copies with the State
29    Government  Report  Distribution  Center  for   the   General
30    Assembly  as required under paragraph (t) of Section 7 of the
31    State Library Act.
32        (g)  To establish such subdivisions of the Department  as
33    shall be desirable and assign to the various subdivisions the
34    responsibilities  and  duties  placed  upon the Department by
 
HB4961 Engrossed            -13-               LRB9214126AGmb
 1    law.
 2        (h)  To cooperate and enter into any necessary agreements
 3    with the Department of Employment Security for the  provision
 4    of  job placement and job referral services to clients of the
 5    Department,  including  job  service  registration  of   such
 6    clients  with Illinois Employment Security offices and making
 7    job listings  maintained  by  the  Department  of  Employment
 8    Security available to such clients.
 9        (i)  To  possess  all powers reasonable and necessary for
10    the exercise and administration of  the  powers,  duties  and
11    responsibilities  of the Department which are provided for by
12    law.
13        (j)  To establish a procedure whereby  new  providers  of
14    personal care attendant services shall submit vouchers to the
15    State  for  payment  two  times  during  their first month of
16    employment and one time per month  thereafter.   In  no  case
17    shall  the  Department pay personal care attendants an hourly
18    wage that is less than the federal minimum wage.
19        (k)  To provide adequate notice to providers of chore and
20    housekeeping services informing them that they  are  entitled
21    to  an  interest payment on bills which are not promptly paid
22    pursuant to Section 3 of the State Prompt Payment Act.
23        (l)  To  establish,  operate  and  maintain  a  Statewide
24    Housing Clearinghouse of information on available, government
25    subsidized  housing  accessible  to  disabled   persons   and
26    available  privately  owned  housing  accessible  to disabled
27    persons.  The information shall include but not be limited to
28    the  location,  rental  requirements,  access  features   and
29    proximity to public transportation of available housing.  The
30    Clearinghouse  shall  consist  of  at  least  a  computerized
31    database  for  the storage and retrieval of information and a
32    separate or shared toll free  telephone  number  for  use  by
33    those seeking information from the Clearinghouse.  Department
34    offices  and personnel throughout the State shall also assist
 
HB4961 Engrossed            -14-               LRB9214126AGmb
 1    in the operation  of  the  Statewide  Housing  Clearinghouse.
 2    Cooperation  with  local,  State and federal housing managers
 3    shall be sought and  extended  in  order  to  frequently  and
 4    promptly update the Clearinghouse's information.
 5        (m)  To assure that the names and case records of persons
 6    who  received  or are receiving services from the Department,
 7    including persons receiving vocational  rehabilitation,  home
 8    services,  or  other services, and those attending one of the
 9    Department's schools or other supervised  facility  shall  be
10    confidential  and  not  be open to the general public.  Those
11    case records and reports  or  the  information  contained  in
12    those  records and reports shall be disclosed by the Director
13    only  to  proper  law  enforcement   officials,   individuals
14    authorized  by a court, the General Assembly or any committee
15    or commission of the General Assembly, and other persons  and
16    for  reasons  as the Director designates by rule.  Disclosure
17    by  the  Director  may  be  only  in  accordance  with  other
18    applicable law.
19    (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.)

20        Section 99.  Effective date.  This Act takes effect  July
21    1, 2002.

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