Public Act 93-0085

HB0293 Enrolled                      LRB093 03447 MKM 03473 b

    AN ACT in relation to senior citizens.

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

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

    (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
    Sec. 4.02.  The Department shall establish a  program  of
services   to  prevent  unnecessary  institutionalization  of
persons age 60 and older in need of long term care or who are
established as persons who suffer from Alzheimer's disease or
a related disorder under the Alzheimer's  Disease  Assistance
Act, thereby enabling them to remain in their own homes or in
other  living  arrangements.  Such preventive services, which
may be coordinated with  other  programs  for  the  aged  and
monitored  by  area agencies on aging in cooperation with the
Department, may include, but are not limited to, any  or  all
of the following:
         (a)  home health services;
         (b)  home nursing services;
         (c)  homemaker services;
         (d)  chore and housekeeping services;
         (e)  day care services;
         (f)  home-delivered meals;
         (g)  education in self-care;
         (h)  personal care services;
         (i)  adult day health services;
         (j)  habilitation services;
         (k)  respite care;
         (l)  other   nonmedical  social  services  that  may
    enable the person to become self-supporting; or
         (m)  clearinghouse  for  information   provided   by
    senior  citizen  home owners who want to rent rooms to or
    share living space with other senior citizens.
    The Department shall establish eligibility standards  for
such  services  taking into consideration the unique economic
and social needs of the target population for whom  they  are
to be provided.  Such eligibility standards shall be based on
the  recipient's  ability  to  pay  for  services;  provided,
however,  that  in  determining  the  amount  and  nature  of
services  for which a person may qualify, consideration shall
not be given to the value of cash, property or  other  assets
held in the name of the person's spouse pursuant to a written
agreement  dividing  marital property into equal but separate
shares or pursuant to a transfer of the person's interest  in
a home to his spouse, provided that the spouse's share of the
marital  property is not made available to the person seeking
such services.
    Beginning July 1, 2002, the Department shall require as a
condition  of  eligibility  that  all  financially   eligible
applicants  and recipients apply for medical assistance under
Article V of the Illinois Public Aid Code in accordance  with
rules promulgated by the Department.
    The  Department shall, in conjunction with the Department
of Public Aid, seek  appropriate  amendments  under  Sections
1915 and 1924 of the Social Security Act.  The purpose of the
amendments  shall  be  to  extend  eligibility  for  home and
community based services under Sections 1915 and 1924 of  the
Social  Security  Act  to  persons who transfer to or for the
benefit of a spouse those amounts  of  income  and  resources
allowed  under  Section  1924  of  the  Social  Security Act.
Subject to the approval of such  amendments,  the  Department
shall  extend  the  provisions of Section 5-4 of the Illinois
Public Aid Code to persons who, but for the provision of home
or community-based services, would require the level of  care
provided  in  an  institution,  as is provided for in federal
law.  Those persons  no  longer  found  to  be  eligible  for
receiving  noninstitutional  services  due  to changes in the
eligibility criteria shall be given 60 days notice  prior  to
actual   termination.   Those  persons  receiving  notice  of
termination  may  contact  the  Department  and  request  the
determination be appealed at  any  time  during  the  60  day
notice  period.   With the exception of the lengthened notice
and time frame for the appeal  request,  the  appeal  process
shall  follow the normal procedure.  In addition, each person
affected regardless of  the  circumstances  for  discontinued
eligibility  shall  be  given  notice  and the opportunity to
purchase the necessary services through  the  Community  Care
Program.   If  the  individual  does  not  elect  to purchase
services, the  Department  shall  advise  the  individual  of
alternative  services.   The target population identified for
the purposes of this Section are persons  age  60  and  older
with  an identified service need.  Priority shall be given to
those who are at imminent risk of institutionalization.   The
services  shall  be  provided  to eligible persons age 60 and
older to the extent that the cost of  the  services  together
with  the  other personal maintenance expenses of the persons
are reasonably related to the standards established for  care
in  a  group  facility appropriate to the person's condition.
These   non-institutional   services,   pilot   projects   or
experimental facilities may be provided  as  part  of  or  in
addition  to  those authorized by federal law or those funded
and administered by the Department of  Human  Services.   The
Departments  of  Human  Services,  Public Aid, Public Health,
Veterans' Affairs, and Commerce  and  Community  Affairs  and
other  appropriate  agencies  of  State,  federal  and  local
governments  shall  cooperate with the Department on Aging in
the establishment and development  of  the  non-institutional
services.   The Department shall require an annual audit from
all chore/housekeeping and homemaker vendors contracting with
the Department under this Section.  The  annual  audit  shall
assure   that   each   audited  vendor's  procedures  are  in
compliance with Department's financial  reporting  guidelines
requiring  a 27% administrative cost split and a 73% employee
wages and benefits cost split.  The audit is a public  record
under  the  Freedom of Information Act.  The Department shall
execute, relative to the nursing home  prescreening  project,
written  inter-agency agreements with the Department of Human
Services and the Department of  Public  Aid,  to  effect  the
following:   (1)  intake  procedures  and  common eligibility
criteria   for    those    persons    who    are    receiving
non-institutional  services;  and  (2)  the establishment and
development of non-institutional services  in  areas  of  the
State   where   they  are  not  currently  available  or  are
undeveloped.  On and after July 1,  1996,  all  nursing  home
prescreenings  for individuals 60 years of age or older shall
be conducted by the Department.
    The Department is authorized to  establish  a  system  of
recipient copayment for services provided under this Section,
such  copayment  to  be based upon the recipient's ability to
pay but in no case to exceed the actual cost of the  services
provided.  Additionally,  any  portion  of  a person's income
which is equal to or less than the federal  poverty  standard
shall  not be considered by the Department in determining the
copayment.  The level of such  copayment  shall  be  adjusted
whenever  necessary  to  reflect any change in the officially
designated federal poverty standard.
    The   Department,   or   the   Department's    authorized
representative,  shall  recover the amount of moneys expended
for services provided to or in behalf of a person under  this
Section by a claim against the person's estate or against the
estate  of the person's surviving spouse, but no recovery may
be had until after the death of the surviving spouse, if any,
and then only at such time when there is no  surviving  child
who  is  under  age  21,  blind,  or  permanently and totally
disabled.  This paragraph, however, shall not  bar  recovery,
at  the  death of the person, of moneys for services provided
to the person or in behalf of the person under  this  Section
to  which  the  person  was  not entitled; provided that such
recovery shall not be enforced against any real estate  while
it  is  occupied  as  a  homestead by the surviving spouse or
other dependent, if no claims by other  creditors  have  been
filed against the estate, or, if such claims have been filed,
they  remain dormant for failure of prosecution or failure of
the claimant to compel administration of the estate  for  the
purpose  of  payment.   This paragraph shall not bar recovery
from the estate of a spouse, under Sections 1915 and 1924  of
the  Social  Security  Act  and  Section  5-4 of the Illinois
Public Aid Code, who precedes  a  person  receiving  services
under this Section in death.  All moneys for services paid to
or  in  behalf  of  the  person  under  this Section shall be
claimed for  recovery  from  the  deceased  spouse's  estate.
"Homestead",  as  used  in this paragraph, means the dwelling
house and contiguous real  estate  occupied  by  a  surviving
spouse  or  relative, as defined by the rules and regulations
of the Illinois Department of Public Aid, regardless  of  the
value of the property.
    The   Department  shall  develop  procedures  to  enhance
availability of services on evenings,  weekends,  and  on  an
emergency  basis  to  meet  the  respite needs of caregivers.
Procedures shall be developed to permit  the  utilization  of
services  in  successive blocks of 24 hours up to the monthly
maximum established by the  Department.    Workers  providing
these services shall be appropriately trained.
    Beginning on the effective date of this Amendatory Act of
1991,  no person may perform chore/housekeeping and homemaker
services under a program authorized by  this  Section  unless
that  person  has been issued a certificate of pre-service to
do so by his or her employing agency.   Information  gathered
to  effect  such certification shall include (i) the person's
name, (ii) the date the  person  was  hired  by  his  or  her
current employer, and (iii) the training, including dates and
levels.   Persons  engaged  in the program authorized by this
Section before the effective date of this amendatory  Act  of
1991 shall be issued a certificate of all pre- and in-service
training  from  his  or  her  employer  upon  submitting  the
necessary   information.    The  employing  agency  shall  be
required to retain records of all staff pre-  and  in-service
training,  and  shall  provide such records to the Department
upon request and upon termination of the employer's  contract
with  the  Department.   In addition, the employing agency is
responsible for the issuance of certifications of  in-service
training completed to their employees.
    The  Department is required to develop a system to ensure
that persons working as  homemakers  and  chore  housekeepers
receive  increases  in  their  wages when the federal minimum
wage is increased by requiring vendors to certify  that  they
are  meeting  the federal minimum wage statute for homemakers
and chore housekeepers.  An employer that cannot ensure  that
the  minimum  wage  increase is being given to homemakers and
chore  housekeepers  shall  be   denied   any   increase   in
reimbursement costs.
    The  Department  on  Aging  and  the  Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section.  Such joint report shall be filed with the  Governor
and the General Assembly on or before September 30 each year.
    The  requirement  for  reporting  to the General Assembly
shall be satisfied by filing copies of the  report  with  the
Speaker,  the  Minority  Leader and the Clerk of the House of
Representatives and the President, the  Minority  Leader  and
the  Secretary  of  the  Senate  and the Legislative Research
Unit, as required by Section  3.1  of  the  General  Assembly
Organization  Act  and filing such additional copies with the
State Government Report Distribution Center for  the  General
Assembly  as  is required under paragraph (t) of Section 7 of
the State Library Act.
    Those persons previously  found  eligible  for  receiving
non-institutional  services  whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992,  and  who
do  not  meet the eligibility standards in effect on or after
July 1, 1992, shall remain ineligible on and  after  July  1,
1992.   Those  persons  previously not required to cost-share
and who were required to cost-share effective March 1,  1992,
shall  continue  to meet cost-share requirements on and after
July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
required   to   meet   eligibility,   cost-share,  and  other
requirements and will have services discontinued  or  altered
when they fail to meet these requirements.
(Source:  P.A.  91-303,  eff.  1-1-00;  91-798,  eff. 7-9-00;
92-597, eff. 6-28-02.)