Public Act 094-0252
 		





HB0438 Enrolled
LRB094 05354 RSP 35399 b






    AN ACT in relation to disabled persons. 

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


 
    Section 5. The Disabled Persons Rehabilitation Act is 
amended by changing
Section 3 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) (Blank).

    (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) (Blank).

    (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.  The standards must
provide that a 
person may have not more than $10,000 in assets to be eligible 
for the services, and the Department may increase the asset 
limitation by rule. 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.

    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

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

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

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

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 
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

General Assembly, including but not limited to, purposes of 
vicarious liability
in tort and
purposes of statutory 
retirement or health insurance benefits. Personal care

attendants
and personal assistants shall not be covered by the 
State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).

    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
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.

    (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

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 
only in accordance with other applicable
law.

(Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)