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Public Act 91-0540
SB1117 Enrolled LRB9102503DHmgB
AN ACT concerning rehabilitation of persons with
disabilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 6.23 as follows:
(20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
Sec. 6.23. In the Department of Human Services. A State
Rehabilitation Advisory Council, hereinafter referred to as
the Council, is hereby established for the purpose of
advising the Secretary and the vocational rehabilitation
administrator of the provisions of the federal Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990
in matters concerning individuals with disabilities and the
provision of rehabilitation services. The Council shall
consist of 25 23 members appointed by the Governor after
soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities. The Governor shall appoint to this Council the
following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
(9) One representative of the State Workforce
Investment Board.
(10) One representative of the Illinois State Board
of Education who is knowledgeable about the Individuals
with Disabilities Education Act.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator shall serve as ex officio members. The
vocational rehabilitation administrator shall have no vote.
The Council shall select a Chairperson.
The Chairperson and at least 12 11 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Advisory Council shall serve until members of the
newly created Council are appointed.
The terms of all members appointed before the effective
date of this amendatory Act of 1993 shall expire on July 1,
1993. The members first appointed under this amendatory Act
of 1993 shall be appointed to serve for staggered terms
beginning July 1, 1993, as follows: 7 members shall be
appointed for terms of 3 years, 7 members shall be appointed
for terms of 2 years, and 6 members shall be appointed for
terms of one year. Thereafter, all appointments shall be for
terms of 3 years. Vacancies shall be filled for the
unexpired term. Appointments to fill vacancies in unexpired
terms and new terms shall be filled by the Governor or by the
Council if the Governor delegates that power to the Council
by executive order. Members shall serve until their
successors are appointed and qualified. No member, except
the representative of the client assistance program, shall
serve for more than 2 full terms.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council.
The Council shall meet at least 4 times per year at times
and places designated by the Chairman upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members shall constitute a
quorum. No member of the Council shall cast a vote on any
matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator such reports and findings as he
or she may request or as the Council deems fit. The Council
shall select jointly with the vocational rehabilitation
administrator a pool of qualified persons to serve as
impartial hearing officers. The Council shall, with the
vocational rehabilitation unit in the Department, jointly
develop, agree to, and review annually State goals and
priorities and jointly submit annual reports of progress to
the federal Commissioner of the Rehabilitation Services
Administration.
To the extent that there is a disagreement between the
Council and the unit within the Department of Human Services
responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
Section 10. The Disabled Persons Rehabilitation Act is
amended by changing Sections 3 and 12a as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
(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.
(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 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.
(c) To make such reports and submit such plans to the
federal government as are required by the provisions of the
federal Rehabilitation Act of 1973, as amended, and by the
rules and regulations of the federal agency or agencies
administering the federal Rehabilitation Act of 1973, as
amended, the Workforce Investment Act of 1998, and the
federal Social Security Act.
(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 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.
(e) To exercise, pursuant to Section 13 of this Act,
executive and administrative supervision over all
institutions, divisions, programs and services now existing
or hereafter acquired or created under the jurisdiction of
the Department, including, but not limited to, the following:
The Illinois School for the Visually Impaired at
Jacksonville, as provided under Section 10 of this Act,
The Illinois School for the Deaf at Jacksonville, as
provided under Section 10 of this Act, and
The Illinois Center for Rehabilitation and Education, as
provided under Section 11 of this Act.
(f) To establish a program of services to prevent
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who 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:
(1) home health services;
(2) home nursing services;
(3) homemaker services;
(4) chore and housekeeping services;
(5) day care services;
(6) home-delivered meals;
(7) education in self-care;
(8) personal care services;
(9) adult day health services;
(10) habilitation services;
(11) respite care; or
(12) other nonmedical social services that may
enable the person to become self-supporting.
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 adjusted each year to reflect changes
in the Consumer Price Index For All Urban Consumers as
determined by the United States Department of Labor.
Additionally, 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.
The services shall be provided 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 or in addition to those
authorized by federal law or those funded and administered by
the Illinois Department on Aging.
Personal care attendants shall be paid:
(i) A $5 per hour minimum rate beginning July 1,
1995.
(ii) A $5.30 per hour minimum rate beginning July
1, 1997.
(iii) A $5.40 per hour minimum rate beginning July
1, 1998.
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, to effect the following: (i) intake procedures
and common eligibility criteria for those persons who 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.
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 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.
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 and the Department on Aging 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 March 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 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.
(g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by
law.
(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.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
law.
(j) 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.
(k) 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.
(l) To establish, operate and maintain a Statewide
Housing Clearinghouse of information on available, government
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 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.
(Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with significant
severe disabilities deserve a high quality of life within
their communities regardless of their disabilities, the
Department, working with the Statewide Independent Living
Council, shall develop a State plan for submission on an
annual basis to the Commissioner. The Department shall adopt
rules for implementing the State plan in accordance with the
federal Act, including rules adopted under the federal Act
governing the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act
of 1973, as amended.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Education Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a significant severe disability" means
an individual with a significant severe physical or mental
impairment, whose ability to function independently in the
family or community or whose ability to obtain, maintain, or
advance in employment is substantially limited and for whom
the delivery of independent living services will improve the
ability to function, continue functioning, or move toward
functioning independently in the family or community or to
continue in employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The unit of the Department headed by the
vocational rehabilitation administrator shall be designated
the State unit under Title VII of the federal Act and shall
have the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The vocational rehabilitation administrator and the
Chairperson of the Council are responsible for jointly
developing and signing the State plan required by Section 704
of the federal Act. The State plan shall conform to the
requirements of Section 704 of the federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) A representative from the unit of the
Department of Human Services responsible for the
administration of the vocational rehabilitation program
and a representative from another unit in the Department
of Human Services that provides services for individuals
with disabilities and a representative each from the
Department on Aging, the State Board of Education, and
the Department of Children and Family Services, all as
ex-officio, non-voting members who shall not be counted
in the 18 members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities from diverse backgrounds; (iii)
who are knowledgeable about centers for independent living
and independent living services; and (iv) a majority of whom
are persons who are individuals with disabilities and are not
employed by any State agency or center for independent
living. The terms of all members of the Independent Living
Advisory Council who were appointed for terms beginning
before July 1, 1993, shall expire on July 1, 1993.
The council shall elect a chairperson from among its
voting membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the initial
members shall be appointed for terms of one year, 6 shall be
appointed for terms of 2 years, and 6 shall be appointed for
terms of 3 years. No member of the council may serve more
than 2 consecutive full terms.
Appointments to fill vacancies in unexpired terms and new
terms shall be filled by the Governor or by the Council if
the Governor delegates that power to the Council by executive
order Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 8 of the Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the vocational rehabilitation administrator a
peer review committee to consider and make recommendations
for grants to eligible centers for independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the vocational rehabilitation administrator requires.
Beginning October 1, 1994, the vocational rehabilitation
administrator may award grants to any eligible center for
independent living that is receiving funds under Title VII of
the federal Act, unless the vocational rehabilitation
administrator makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the vocational rehabilitation
administrator may award a grant under this subsection to one
or more eligible agencies, consistent with the provisions of
the State plan setting forth the design of the State for
establishing a statewide network for centers for independent
living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the vocational rehabilitation administrator and the
chairperson of (or other individual designated by) the
Council acting on behalf of and at the direction of the
Council shall jointly appoint a peer review committee that
shall rank applications in accordance with the standards and
assurances set forth in Section 725 of the federal Act and
criteria jointly established by the vocational rehabilitation
administrator and the chairperson or designated individual.
The peer review committee shall consider the ability of the
applicant to operate a center for independent living and
shall recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with significant
severe disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The vocational rehabilitation administrator shall award
the grant on the basis of the recommendation of the peer
review committee if the actions of the committee are
consistent with federal and State law.
(f) Evaluation and review. The vocational
rehabilitation administrator shall periodically review each
center for independent living that receives funds from the
Department under Title VII of the federal Act, or moneys
appropriated from the General Revenue Fund, to determine
whether the center is in compliance with the standards and
assurances set forth in Section 725 of the federal Act. If
the vocational rehabilitation administrator determines that
any center receiving those federal or State funds is not in
compliance with the standards and assurances set forth in
Section 725, the vocational rehabilitation administrator
shall immediately notify the center that it is out of
compliance. The vocational rehabilitation administrator
shall terminate all funds to that center 90 days after the
date of notification or, in the case of a center that
requests an appeal, the date of any final decision, unless
the center submits a plan to achieve compliance within 90
days and that plan is approved by the vocational
rehabilitation administrator or (if on appeal) by the
Commissioner.
(Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-372, eff. 7-1-98; 90-453, eff. 8-16-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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