State of Illinois
92nd General Assembly
Legislation

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92_SB0690

 
                                               LRB9205587DJmg

 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.
 
                            -2-                LRB9205587DJmg
 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;
 
                            -3-                LRB9205587DJmg
 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
 
                            -4-                LRB9205587DJmg
 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
 
                            -5-                LRB9205587DJmg
 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
 
                            -6-                LRB9205587DJmg
 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
 
                            -7-                LRB9205587DJmg
 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.
 
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 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.

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