Illinois General Assembly - Full Text of Public Act 096-0351
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Public Act 096-0351




Public Act 096-0351
HB0039 Enrolled LRB096 03012 DRJ 13026 b

    AN ACT concerning public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Aid Code is amended by
adding Section 5-2.08 as follows:
    (305 ILCS 5/5-2.08 new)
    Sec. 5-2.08. Spousal caregiver demonstration.
    (a) The Department of Human Services, in consultation with
the Department of Healthcare and Family Services, shall develop
a demonstration project within the Home Services Program under
which a spouse may be reimbursed for providing care to his or
her spouse, who is eligible for services through the Home
Services Program and who meets the criteria for this
demonstration project. The demonstration project shall operate
in selected counties and be limited to serving no more than 100
unduplicated persons in a State fiscal year.
    The components of the demonstration project shall include
the following:
        (1) Authorization for a spouse to be reimbursed for
    care provided to his or her otherwise eligible spouse
    through the Home Services Program.
        (2) The development of specific criteria for the
    provision of services under the demonstration project.
    Criteria applicable to a spousal caregiver shall include,
    but need not be limited to, (i) a limitation on the total
    hours of a spousal caregiver's outside employment plus
    hours of providing care to his or her eligible spouse to
    ensure that the complete plan of care is delivered to the
    eligible spouse and (ii) limitations on a spousal
    caregiver's participation in the demonstration project if
    the caregiver has a known history of spousal abuse,
    neglect, or exploitation.
        (3) The determination of the personal care or similar
    services for which payment may be made. Spousal caregivers
    shall be paid at the Personal Assistant level of care and
    pay rate. In those instances in which the eligible spouse
    requires specialized services (for example, services
    provided by a certified nursing assistant (CNA), licensed
    practical nurse (LPN), or registered nurse (RN)) and the
    spousal caregiver has the corresponding certification or
    licensure, the spousal caregiver shall be paid the higher
    rate for the specialized services only. The specialized
    services the eligible spouse is authorized to receive shall
    be defined and approved in the services plan.
        (4) The method for determining that the amount of
    personal care or similar services provided by the spouse is
    "extraordinary care" that exceeds the ordinary care that
    would be provided to a spouse without a disability.
        (5) Limitations on the number of hours of personal
    services that will be reimbursed.
        (6) Utilization of the Determination of Need
    evaluation and other comprehensive assessment tools as
    criteria for determining eligibility and developing
    service plans under the demonstration project.
        (7) Determination of how or whether the provision of
    personal care by the spouse is in the best interest of his
    or her spouse, who is an eligible participant in the
    demonstration project.
        (8) Use of procedures that ensure that payments are
    made for services rendered.
        (9) Assurances that all other criteria of the
    demonstration project are met.
        (10) Measurement of participant experiences.
        (11) Monthly in-home monitoring of the health and
    safety of the eligible spouse.
        (12) Documentation of the marital relationship for
    participation in the demonstration project.
        (13) Assurances that the eligible spouse is capable of
    communicating his or her needs.
        (14) Enrollment of an alternative care provider to
    ensure that there is no disruption of care to the eligible
        (15) Assurances that the spousal caregiver is
    emotionally, physically, and cognitively able to provide
    the necessary care to the eligible spouse.
    (b) By July 1, 2009, the Department of Human Services, in
consultation with the Department of Healthcare and Family
Services, shall begin development of the demonstration
project. The Department of Human Services shall provide an
interim report on or before March 1, 2010 to the Governor and
the General Assembly that includes the progress on the
development of the demonstration project and implementation
timelines of the demonstration project and the criteria for the
demonstration project.
    (c) The Department of Human Services shall report findings
and recommendations by March 1, 2011 to the Governor and the
General Assembly. The report shall include an explanation of
the manner in which each demonstration project component listed
in paragraphs (1) through (10) of subsection (a) is addressed.
In addition, the report shall include (i) the estimated number
of clients statewide who could utilize services and (ii) an
analysis of the fiscal impact per client on the Department's
new and existing costs under the Home Services Program.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2009