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Public Act 097-1019
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| SB1351 Enrolled | LRB097 02736 KTG 43160 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Disabled Persons Rehabilitation Act is |
amended by changing Section 3 as follows:
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(20 ILCS 2405/3) (from Ch. 23, par. 3434)
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Sec. 3. Powers and duties. The Department shall have the |
powers and
duties enumerated
herein:
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(a) To co-operate with the federal government in the |
administration
of the provisions of the federal Rehabilitation |
Act of 1973, as amended,
of the Workforce Investment Act of |
1998,
and of the federal Social Security Act to the extent and |
in the manner
provided in these Acts.
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(b) To prescribe and supervise such courses of vocational |
training
and provide such other services as may be necessary |
for the habilitation
and rehabilitation of persons with one or |
more disabilities, including the
administrative activities |
under subsection (e) of this Section, and to
co-operate with |
State and local school authorities and other recognized
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agencies engaged in habilitation, rehabilitation and |
comprehensive
rehabilitation services; and to cooperate with |
the Department of Children
and Family Services regarding the |
care and education of children with one
or more disabilities.
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(c) (Blank).
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(d) To report in writing, to the Governor, annually on or |
before the
first day of December, and at such other times and |
in such manner and
upon such subjects as the Governor may |
require. The annual report shall
contain (1) a statement of the |
existing condition of comprehensive
rehabilitation services, |
habilitation and rehabilitation in the State;
(2) a statement |
of suggestions and recommendations with reference to the
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development of comprehensive rehabilitation services, |
habilitation and
rehabilitation in the State; and (3) an |
itemized statement of the
amounts of money received from |
federal, State and other sources, and of
the objects and |
purposes to which the respective items of these several
amounts |
have been devoted.
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(e) (Blank).
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(f) To establish a program of services to prevent the |
unnecessary
institutionalization of persons with Alzheimer's |
disease and related
disorders or persons in need of long term |
care and who meet the criteria for blindness or disability are |
established as blind
or disabled as defined by the Social |
Security Act, thereby enabling them to
remain in their own |
homes or other living arrangements. Such preventive
services |
may include, but are not limited to, any or all of the |
following:
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(1) personal assistant services home health services;
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(2) homemaker services home nursing services;
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(3) home-delivered meals homemaker services;
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(4) adult day care services chore and housekeeping |
services;
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(5) respite care day care services;
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(6) home modification or assistive equipment |
home-delivered meals;
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(7) home health services education in self-care;
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(8) electronic home response personal care services;
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(9) brain injury behavioral/cognitive services adult |
day health services;
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(10) brain injury habilitation habilitation services;
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(11) brain injury pre-vocational services respite |
care; or
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(12) brain injury supported employment other |
nonmedical social services that may enable the person to
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become self-supporting.
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The Department shall establish eligibility
standards for |
such services taking into consideration the unique
economic and |
social needs of the population for whom they are to
be |
provided. Such eligibility standards may be based on the |
recipient's
ability to pay for services; provided, however, |
that any portion of a
person's income that is equal to or less |
than the "protected income" level
shall not be considered by |
the Department in determining eligibility. The
"protected |
income" level shall be determined by the Department, shall |
never be
less than the federal poverty standard, and shall be |
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adjusted each year to
reflect changes in the Consumer Price |
Index For All Urban Consumers as
determined by the United |
States Department of Labor. The standards must
provide that a |
person may not have not more than $10,000 in assets to be |
eligible for the services, and the Department may increase or |
decrease the asset limitation by rule. The Department may not |
decrease the asset level below $10,000. Additionally, in
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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.
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The services shall be provided, as established by the
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Department by rule, to eligible persons
to prevent unnecessary |
or premature institutionalization, 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 their condition. These non-institutional
services, pilot |
projects or experimental facilities may be provided as part of
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or in addition to those authorized by federal law or those |
funded and
administered by the Illinois Department on Aging.
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Personal assistants shall be paid at a rate negotiated
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between the State and an exclusive representative of personal
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assistants under a collective bargaining agreement. In no case
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shall the Department pay personal assistants an hourly wage
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that is less than the federal minimum wage. care attendants |
shall be paid:
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(i) A $5 per hour minimum rate beginning July 1, 1995.
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(ii) A $5.30 per hour minimum rate beginning July 1, |
1997.
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(iii) A $5.40 per hour minimum rate beginning July 1, |
1998.
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Solely for the purposes of coverage under the Illinois |
Public Labor
Relations
Act
(5 ILCS 315/), personal care |
attendants and personal assistants providing
services under
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the Department's Home Services Program shall be considered to |
be public
employees
and the State of Illinois shall be |
considered to be their employer as of the
effective date of
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this amendatory Act of the 93rd General Assembly, but not |
before. The State
shall
engage in collective bargaining with an |
exclusive representative of personal
care
attendants and |
personal assistants working under the Home Services Program
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concerning
their terms and conditions of employment that are |
within the State's control.
Nothing in
this paragraph shall be |
understood to limit the right of the persons receiving
services
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defined in this Section to hire and fire personal care |
attendants and
personal assistants
or supervise them within the |
limitations set by the Home Services Program. The
State
shall |
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not be considered to be the employer of personal care |
attendants and
personal
assistants for any purposes not |
specifically provided in this amendatory Act of
the 93rd
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General Assembly, including but not limited to, purposes of |
vicarious liability
in tort and
purposes of statutory |
retirement or health insurance benefits. Personal care
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attendants
and personal assistants shall not be covered by the |
State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
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The Department shall execute, relative to the nursing home |
prescreening
project, as authorized by Section 4.03 of the |
Illinois Act on the Aging,
written inter-agency agreements with |
the Department on Aging and
the Department of Public Aid (now |
Department of Healthcare and Family Services), to effect the |
following: (i) intake procedures
and common eligibility |
criteria for those persons who may need long term care are |
receiving
non-institutional services; and (ii) 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 18 through 59 years of age shall |
be
conducted by the Department, or a designee of the
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Department.
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The Department is authorized to establish a system of |
recipient cost-sharing
for services provided under this |
Section. The cost-sharing shall be based upon
the recipient's |
ability to pay for services, but in no case shall the
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recipient's share exceed the actual cost of the services |
provided. Protected
income shall not be considered by the |
Department in its determination of the
recipient's ability to |
pay a share of the cost of services. The level of
cost-sharing |
shall be adjusted each year to reflect changes in the |
"protected
income" level. The Department shall deduct from the |
recipient's share of the
cost of services any money expended by |
the recipient for disability-related
expenses.
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To the extent permitted under the federal Social Security |
Act, the The Department, or the Department's authorized |
representative, may 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
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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
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claims have been filed, they remain dormant for failure of |
prosecution or
failure of the claimant to compel administration |
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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
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Illinois Public Aid Code, who precedes a person receiving |
services under this
Section in death. All moneys for services
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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 |
Department of Healthcare and Family Services,
regardless of the |
value of the property.
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The Department shall submit and the Department on Aging |
shall cooperate
in the development and submission of an annual |
report on programs and
services provided under this Section. |
The Such joint report shall be filed
with the Governor and the |
General Assembly on or before March
30
each year.
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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
additional copies with the State
Government |
Report Distribution Center for the General Assembly as
required |
under paragraph (t) of Section 7 of the State Library Act.
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(g) To establish such subdivisions of the Department
as |
shall be desirable and assign to the various subdivisions the
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responsibilities and duties placed upon the Department by law.
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(h) To cooperate and enter into any necessary agreements |
with the
Department of Employment Security for the provision of |
job placement and
job referral services to clients of the |
Department, including job
service registration of such clients |
with Illinois Employment Security
offices and making job |
listings maintained by the Department of Employment
Security |
available to such clients.
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(i) To possess all powers reasonable and necessary for
the |
exercise and administration of the powers, duties and
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responsibilities of the Department which are provided for by |
law.
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(j) (Blank). To establish a procedure whereby new providers |
of
personal care attendant services shall submit vouchers to |
the State for
payment two times during their first month of |
employment and one time per
month thereafter. In no case shall |
the Department pay personal care
attendants an hourly wage that |
is less than the federal minimum wage.
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(k) (Blank). To provide adequate notice to providers of |
chore and housekeeping
services informing them that they are |
entitled to an interest payment on
bills which are not promptly |
paid pursuant to Section 3 of the State Prompt
Payment Act.
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(l) To establish, operate and maintain a Statewide Housing |
Clearinghouse
of information on available, government |
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subsidized housing accessible to
disabled persons and |
available privately owned housing accessible to
disabled |
persons. The information shall include but not be limited to |
the
location, rental requirements, access features and |
proximity to public
transportation of available housing. The |
Clearinghouse shall consist
of at least a computerized database |
for the storage and retrieval of
information and a separate or |
shared toll free telephone number for use by
those seeking |
information from the Clearinghouse. Department offices and
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personnel throughout the State shall also assist in the |
operation of the
Statewide Housing Clearinghouse. Cooperation |
with local, State and federal
housing managers shall be sought |
and extended in order to frequently and
promptly update the |
Clearinghouse's information.
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(m) To assure that the names and case records of persons |
who received or
are
receiving services from the Department, |
including persons receiving vocational
rehabilitation, home |
services, or other services, and those attending one of
the |
Department's schools or other supervised facility shall be |
confidential and
not be open to the general public. Those case |
records and reports or the
information contained in those |
records and reports shall be disclosed by the
Director only to |
proper law enforcement officials, individuals authorized by a
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court, the General Assembly or any committee or commission of |
the General
Assembly, and other persons and for reasons as the |
Director designates by rule.
Disclosure by the Director may be |