Public Act 094-0269
 		





HB3851 Enrolled
LRB094 10788 RSP 41249 b






    AN ACT concerning state government.

 
    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;

        (k-5) community reintegration services;


        (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 Economic Opportunity 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 Community Care Program Advisory Committee is created in 
the Department on Aging. The Director shall appoint individuals 
to serve in the Committee, who shall serve at their own 
expense. Members of the Committee must abide by all applicable 
ethics laws. The Committee shall advise  the Department on 
issues related to the Department's program of services to 
prevent unnecessary institutionalization. The Committee shall 
meet on a bi-monthly basis and shall serve to identify and 
advise the Department on present and potential issues affecting 
the service delivery network, the program's clients, and the 
Department and to recommend solution strategies. Persons 
appointed to the Committee shall be appointed on, but not 
limited to, their own and their agency's experience with the 
program, geographic representation, and willingness to serve. 
The Committee shall include, but not be limited to, 
representatives from the following agencies and organizations:
        (a) at least 4 adult day service representatives;
        (b) at least 4 case coordination unit representatives;
        (c) at least 4 representatives from in-home direct care 
    service agencies;
        (d) at least 2 representatives of statewide trade or 
    labor unions that represent in-home direct care service 
    staff;

        (e) at least 2 representatives of Area Agencies on 
    Aging;
        (f) at least 2 non-provider representatives from a 
    policy, advocacy, research, or other service organization;
        (g) at least 2 representatives from a statewide 
    membership organization for senior citizens; and
        (h) at least 2 citizen members 60 years of age or 
    older.
    Nominations may be presented from any agency or State 
association with interest in the program. The Director, or his 
or her designee, shall serve as the permanent co-chair of the 
advisory committee. One other co-chair shall be nominated and 
approved by the members of the committee on an annual basis. 
Committee members' terms of appointment shall be for 4 years 
with one-quarter of the appointees' terms expiring each year. 
At no time may a member serve more than one consecutive term in 
any capacity on the committee. The Department shall fill 
vacancies that have a remaining term of over one year, and this 
replacement shall occur through the annual replacement of 
expiring terms. The Director shall designate Department staff 
to provide technical assistance and staff support to the 
committee. Department representation shall not constitute 
membership of the committee. All Committee papers, issues, 
recommendations, reports, and meeting memoranda are advisory 
only. The Director, or his or her designee, shall make a 
written report, as requested by the Committee, regarding issues 
before the Committee.

    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. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, 
eff. 8-10-04.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2005.