|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1302 Introduced 1/28/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: | | | Repeals the Senior Citizens and Persons with Disabilities Property Tax Relief Act and removes all cross-references to the Act in various statutes. Amends the Illinois Act on the Aging. Requires the Department on Aging to implement and administer the Benefits Access Program and to establish the eligibility criteria under the program for: (1) the Secretary of State with respect to reduced fees paid by qualified vehicle owners under the Illinois Vehicle Code; (2) special districts that offer free fixed route public transportation services for qualified older adults under the Local Mass Transit District Act, the Metropolitan Transit Authority Act, and the Regional Transportation Authority Act; and (3) special districts that offer transit services for qualified individuals with disabilities under the Local Mass Transit District Act, the Metropolitan Transit Authority Act, and the Regional Transportation Authority Act. Sets forth household income eligibility limits and other eligibility requirements under the program. Authorizes the Department to adopt rules concerning automatic renewals and appeal rights under the program. Makes corresponding changes concerning the program to the Metropolitan Transit Authority Act, the Local Mass Transit District Act, the Regional Transportation Authority Act, the Illinois Public Aid Code, the Older Adult Services Act, and the Illinois Vehicle Code. Further amends the Illinois Act on the Aging by removing a requirement that the Department: (i) study the feasibility of implementing an affirmative action employment plan for the recruitment, hiring, and training of persons 60 years of age or older; and (ii) develop a multilingual pamphlet to assist physicians, pharmacists, and patients in monitoring prescriptions provided by various physicians and to aid persons 65 years of age or older in complying with directions for proper use of pharmaceutical prescriptions. Adds a requirement that the Department implement the Older Americans Act. Removes provisions requiring a Community Care Program Medicaid Initiative and a Community Care Program Medicaid Enrollment Oversight Subcommittee. Makes other changes. |
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| | A BILL FOR |
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1 | | AN ACT concerning State government. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Illinois Act on the Aging is amended by |
5 | | changing Sections 3.07, 3.08, 3.11, 4.01, 4.02, and 4.15 as |
6 | | follows: |
7 | | (20 ILCS 105/3.07) (from Ch. 23, par. 6103.07) |
8 | | Sec. 3.07. "Area agency on aging" means any public or |
9 | | non-profit private agency in a planning and service area |
10 | | designated by the Department, which is eligible for funds |
11 | | available under the Older Americans Act and other funds made |
12 | | available by the State of Illinois or the federal government. |
13 | | Responsibilities of "area agencies" shall include the |
14 | | development of an area plan that provides for the development |
15 | | of a comprehensive and coordinated service delivery system for |
16 | | social and nutrition services needed by older persons and to |
17 | | define the special needs of minority senior citizens in the |
18 | | planning and service area in which the area agency enters into |
19 | | cooperative arrangements with other service planners and |
20 | | providers to: |
21 | | (1) Facilitate access to and utilization of all |
22 | | existing services; |
23 | | (2) Develop social and nutrition services effectively |
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1 | | and efficiently to meet the needs of older persons; and |
2 | | (3) Coordinate existing services to meet the special |
3 | | needs and circumstances of minority senior citizens. |
4 | | (Source: P.A. 88-254.) |
5 | | (20 ILCS 105/3.08) (from Ch. 23, par. 6103.08) |
6 | | Sec. 3.08. "Planning and Service Area" means a geographic |
7 | | area of the State that is designated by the Department for the |
8 | | purposes of planning, development, delivery, and overall |
9 | | administration of services under the area plan. Within each |
10 | | planning and service area the Department must designate an |
11 | | area agency on aging. For the purposes of this Section such |
12 | | planning and service areas shall be as follows: |
13 | | Area 1, which is comprised of the counties of Jo Daviess, |
14 | | Stephenson, Winnebago, Boone, Carroll, Ogle, DeKalb, Whiteside |
15 | | and Lee; |
16 | | Area 2, which is comprised of the counties of McHenry, |
17 | | Lake, Kane, DuPage, Kendall, Will, Grundy and Kankakee; |
18 | | Area 3, which is comprised of the counties of Rock Island, |
19 | | Mercer, Henry, Bureau, LaSalle, Putnam, Henderson, Warren, |
20 | | Knox and McDonough; |
21 | | Area 4, which is comprised of the counties of Stark, |
22 | | Marshall, Peoria, Woodford, Fulton and Tazewell; |
23 | | Area 5, which is comprised of the counties of Livingston, |
24 | | Iroquois, McLean, Ford, DeWitt, Piatt, Champaign, Vermilion, |
25 | | Macon, Moultrie, Douglas, Edgar, Shelby, Coles, Clark and |
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1 | | Cumberland; |
2 | | Area 6, which is comprised of the counties of Hancock, |
3 | | Schuyler, Adams, Brown, Pike and Calhoun; |
4 | | Area 7, which is comprised of the counties of Mason, |
5 | | Logan, Cass, Menard, Scott, Morgan, Sangamon, Christian, |
6 | | Greene, Macoupin, Montgomery and Jersey; |
7 | | Area 8, which is comprised of the counties of Madison, |
8 | | Bond, St. Clair, Clinton, Monroe, Washington and Randolph; |
9 | | Area 9, which is comprised of the counties of Fayette, |
10 | | Effingham, Marion, Clay and Jefferson; |
11 | | Area 10, which is comprised of the counties of Jasper, |
12 | | Crawford, Richland, Lawrence, Wayne, Edwards, Wabash, Hamilton |
13 | | and White; |
14 | | Area 11, which is comprised of the counties of Perry, |
15 | | Franklin, Jackson, Williamson, Saline, Gallatin, Union, |
16 | | Johnson, Pope, Hardin, Alexander, Pulaski and Massac; |
17 | | Area 12, which is comprised of the City of Chicago in Cook |
18 | | County; and |
19 | | Area 13, which is comprised of the County of Cook outside |
20 | | the City of Chicago. |
21 | | At the discretion of the Department and the county, a |
22 | | county of 500,000 population or more may form its own area |
23 | | agency. |
24 | | (Source: P.A. 82-979.) |
25 | | (20 ILCS 105/3.11) |
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1 | | Sec. 3.11. "Greatest social need" means the need caused by |
2 | | noneconomic factors that restrict an individual's ability to |
3 | | perform normal daily tasks or that threaten the individual's |
4 | | his or her capacity to live independently. These factors |
5 | | include, but are not limited to, physical or mental |
6 | | disability, language barriers, and cultural or social |
7 | | isolation caused by, among other things, racial and ethnic |
8 | | status, sexual orientation, gender identity, gender |
9 | | expression, or HIV status. |
10 | | (Source: P.A. 103-670, eff. 1-1-25 .) |
11 | | (20 ILCS 105/4.01) |
12 | | Sec. 4.01. Additional powers and duties of the Department. |
13 | | In addition to powers and duties otherwise provided by law, |
14 | | the Department shall have the following powers and duties: |
15 | | (1) To evaluate all programs, services, and facilities for |
16 | | the aged and for minority senior citizens within the State and |
17 | | determine the extent to which present public or private |
18 | | programs, services , and facilities meet the needs of the aged. |
19 | | (2) To coordinate and evaluate all programs, services, and |
20 | | facilities for the aging Aging and for minority senior |
21 | | citizens presently furnished by State agencies and make |
22 | | appropriate recommendations regarding such services, programs , |
23 | | and facilities to the Governor and/or the General Assembly. |
24 | | (2-a) To request, receive, and share information |
25 | | electronically through the use of data-sharing agreements for |
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1 | | the purpose of (i) establishing and verifying the initial and |
2 | | continuing eligibility of older adults to participate in |
3 | | programs administered by the Department; (ii) maximizing |
4 | | federal financial participation in State assistance |
5 | | expenditures; and (iii) investigating allegations of fraud or |
6 | | other abuse of publicly funded benefits. Notwithstanding any |
7 | | other law to the contrary, but only for the limited purposes |
8 | | identified in the preceding sentence, this paragraph (2-a) |
9 | | expressly authorizes the exchanges of income, identification, |
10 | | and other pertinent eligibility information by and among the |
11 | | Department and the Social Security Administration, the |
12 | | Department of Employment Security, the Department of |
13 | | Healthcare and Family Services, the Department of Human |
14 | | Services, the Department of Revenue, the Secretary of State, |
15 | | the U.S. Department of Veterans Affairs, and any other |
16 | | governmental entity. The confidentiality of information |
17 | | otherwise shall be maintained as required by law. In addition, |
18 | | the Department on Aging shall verify employment information at |
19 | | the request of a community care provider for the purpose of |
20 | | ensuring program integrity under the Community Care Program. |
21 | | (3) To function as the sole State agency to develop a |
22 | | comprehensive plan to meet the needs of the State's senior |
23 | | citizens and the State's minority senior citizens. |
24 | | (4) To receive and disburse State and federal funds made |
25 | | available directly to the Department including those funds |
26 | | made available under the Older Americans Act and the Senior |
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1 | | Community Service Employment Program for providing services |
2 | | for senior citizens and minority senior citizens or for |
3 | | purposes related thereto, and shall develop and administer any |
4 | | State Plan for the Aging required by federal law. |
5 | | (5) To solicit, accept, hold, and administer in behalf of |
6 | | the State any grants or legacies of money, securities, or |
7 | | property to the State of Illinois for services to senior |
8 | | citizens and minority senior citizens or purposes related |
9 | | thereto. |
10 | | (6) To provide consultation and assistance to communities, |
11 | | area agencies on aging, and groups developing local services |
12 | | for senior citizens and minority senior citizens. |
13 | | (7) To promote community education regarding the problems |
14 | | of senior citizens and minority senior citizens through |
15 | | institutes, publications, radio, television , and the local |
16 | | press. |
17 | | (8) To cooperate with agencies of the federal government |
18 | | in studies and conferences designed to examine the needs of |
19 | | senior citizens and minority senior citizens and to prepare |
20 | | programs and facilities to meet those needs. |
21 | | (9) To establish and maintain information and referral |
22 | | sources throughout the State when not provided by other |
23 | | agencies. |
24 | | (10) To provide the staff support that may reasonably be |
25 | | required by the Council. |
26 | | (11) To make and enforce rules and regulations necessary |
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1 | | and proper to the performance of its duties. |
2 | | (12) To establish and fund programs or projects or |
3 | | experimental facilities that are specially designed as |
4 | | alternatives to institutional care. |
5 | | (13) To develop a training program to train the counselors |
6 | | presently employed by the Department's aging network to |
7 | | provide Medicare beneficiaries with counseling and advocacy in |
8 | | Medicare, private health insurance, and related health care |
9 | | coverage plans. |
10 | | (14) (Blank). To make a grant to an institution of higher |
11 | | learning to study the feasibility of establishing and |
12 | | implementing an affirmative action employment plan for the |
13 | | recruitment, hiring, training and retraining of persons 60 or |
14 | | more years old for jobs for which their employment would not be |
15 | | precluded by law. |
16 | | (15) To present one award annually in each of the |
17 | | categories of community service, education, the performance |
18 | | and graphic arts, and the labor force to outstanding Illinois |
19 | | senior citizens and minority senior citizens in recognition of |
20 | | their individual contributions to either community service, |
21 | | education, the performance and graphic arts, or the labor |
22 | | force. Nominations shall be solicited from senior citizens' |
23 | | service providers, area agencies on aging, senior citizens' |
24 | | centers, and senior citizens' organizations. If there are no |
25 | | nominations in a category, the Department may award a second |
26 | | person in one of the remaining categories. The Department |
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1 | | shall establish a central location within the State to be |
2 | | designated as the Senior Illinoisans Hall of Fame for the |
3 | | public display of all the annual awards, or replicas thereof. |
4 | | (16) To establish multipurpose senior centers through area |
5 | | agencies on aging and to fund those new and existing |
6 | | multipurpose senior centers through area agencies on aging, |
7 | | the establishment and funding to begin in such areas of the |
8 | | State as the Department shall designate by rule and as |
9 | | specifically appropriated funds become available. |
10 | | (17) (Blank). |
11 | | (18) (Blank). To develop a pamphlet in English and Spanish |
12 | | which may be used by physicians licensed to practice medicine |
13 | | in all of its branches pursuant to the Medical Practice Act of |
14 | | 1987, pharmacists licensed pursuant to the Pharmacy Practice |
15 | | Act, and Illinois residents 65 years of age or older for the |
16 | | purpose of assisting physicians, pharmacists, and patients in |
17 | | monitoring prescriptions provided by various physicians and to |
18 | | aid persons 65 years of age or older in complying with |
19 | | directions for proper use of pharmaceutical prescriptions. The |
20 | | pamphlet may provide space for recording information including |
21 | | but not limited to the following: |
22 | | (a) name and telephone number of the patient; |
23 | | (b) name and telephone number of the prescribing |
24 | | physician; |
25 | | (c) date of prescription; |
26 | | (d) name of drug prescribed; |
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1 | | (e) directions for patient compliance; and |
2 | | (f) name and telephone number of dispensing pharmacy. |
3 | | In developing the pamphlet, the Department shall consult |
4 | | with the Illinois State Medical Society, the Center for |
5 | | Minority Health Services, the Illinois Pharmacists Association |
6 | | and senior citizens organizations. The Department shall |
7 | | distribute the pamphlets to physicians, pharmacists and |
8 | | persons 65 years of age or older or various senior citizen |
9 | | organizations throughout the State. |
10 | | (19) (Blank). To conduct a study of the feasibility of |
11 | | implementing the Senior Companion Program throughout the |
12 | | State. |
13 | | (20) (Blank). The reimbursement rates paid through the |
14 | | community care program for chore housekeeping services and |
15 | | home care aides shall be the same. |
16 | | (21) (Blank). |
17 | | (22) To distribute, through its area agencies on aging, |
18 | | information alerting seniors on safety issues regarding |
19 | | emergency weather conditions, including extreme heat and cold, |
20 | | flooding, tornadoes, electrical storms, and other severe storm |
21 | | weather. The information shall include all necessary |
22 | | instructions for safety and all emergency telephone numbers of |
23 | | organizations that will provide additional information and |
24 | | assistance. |
25 | | (23) To develop guidelines for the organization and |
26 | | implementation of Volunteer Services Credit Programs to be |
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1 | | administered by Area Agencies on Aging or community-based |
2 | | community based senior service organizations. The Department |
3 | | shall hold public hearings on the proposed guidelines for |
4 | | public comment, suggestion, and determination of public |
5 | | interest. The guidelines shall be based on the findings of |
6 | | other states and of community organizations in Illinois that |
7 | | are currently operating volunteer services credit programs or |
8 | | demonstration volunteer services credit programs. The |
9 | | Department shall offer guidelines for all aspects of the |
10 | | programs , including, but not limited to, the following: |
11 | | (a) types of services to be offered by volunteers; |
12 | | (b) types of services to be received upon the |
13 | | redemption of service credits; |
14 | | (c) issues of liability for the volunteers and the |
15 | | administering organizations; |
16 | | (d) methods of tracking service credits earned and |
17 | | service credits redeemed; |
18 | | (e) issues of time limits for redemption of service |
19 | | credits; |
20 | | (f) methods of recruitment of volunteers; |
21 | | (g) utilization of community volunteers, community |
22 | | service groups, and other resources for delivering |
23 | | services to be received by service credit program clients; |
24 | | (h) accountability and assurance that services will be |
25 | | available to individuals who have earned service credits; |
26 | | and |
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1 | | (i) volunteer screening and qualifications. |
2 | | (24) To function as the sole State agency to receive and |
3 | | disburse State and federal funds for providing adult |
4 | | protective services in a domestic living situation in |
5 | | accordance with the Adult Protective Services Act. |
6 | | (25) To hold conferences, trainings, and other programs |
7 | | for which the Department shall determine by rule a reasonable |
8 | | fee to cover related administrative costs. Rules to implement |
9 | | the fee authority granted by this paragraph (25) must be |
10 | | adopted in accordance with all provisions of the Illinois |
11 | | Administrative Procedure Act and all rules and procedures of |
12 | | the Joint Committee on Administrative Rules; any purported |
13 | | rule not so adopted, for whatever reason, is unauthorized. |
14 | | (26) To implement the Older Americans Act. |
15 | | (Source: P.A. 103-616, eff. 7-1-24; 103-670, eff. 1-1-25; |
16 | | revised 11-26-24.) |
17 | | (20 ILCS 105/4.02) |
18 | | Sec. 4.02. Community Care Program. The Department shall |
19 | | establish a program of services to prevent unnecessary |
20 | | institutionalization of persons age 60 and older in need of |
21 | | long term care or who are established as persons who suffer |
22 | | from Alzheimer's disease or a related disorder under the |
23 | | Alzheimer's Disease Assistance Act, thereby enabling them to |
24 | | remain in their own homes or in other living arrangements. |
25 | | Such preventive services, which may be coordinated with other |
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1 | | programs for the aged, may include, but are not limited to, any |
2 | | or all of the following: |
3 | | (a) (blank); |
4 | | (b) (blank); |
5 | | (c) home care aide services; |
6 | | (d) personal assistant services; |
7 | | (e) adult day services; |
8 | | (f) home-delivered meals; |
9 | | (g) education in self-care; |
10 | | (h) personal care services; |
11 | | (i) adult day health services; |
12 | | (j) habilitation services; |
13 | | (k) respite care; |
14 | | (k-5) community reintegration services; |
15 | | (k-6) flexible senior services; |
16 | | (k-7) medication management; |
17 | | (k-8) emergency home response; |
18 | | (l) other nonmedical social services that may enable |
19 | | the person to become self-supporting; or |
20 | | (m) (blank). |
21 | | The Department shall establish eligibility standards for |
22 | | such services. In determining the amount and nature of |
23 | | services for which a person may qualify, consideration shall |
24 | | not be given to the value of cash, property, or other assets |
25 | | held in the name of the person's spouse pursuant to a written |
26 | | agreement dividing marital property into equal but separate |
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1 | | shares or pursuant to a transfer of the person's interest in a |
2 | | home to his spouse, provided that the spouse's share of the |
3 | | marital property is not made available to the person seeking |
4 | | such services. |
5 | | The Department shall require as a condition of eligibility |
6 | | that all new financially eligible applicants apply for and |
7 | | enroll in medical assistance under Article V of the Illinois |
8 | | Public Aid Code in accordance with rules promulgated by the |
9 | | Department. |
10 | | The Department shall, in conjunction with the Department |
11 | | of Public Aid (now Department of Healthcare and Family |
12 | | Services ) , seek appropriate amendments under Sections 1915 and |
13 | | 1924 of the Social Security Act. The purpose of the amendments |
14 | | shall be to extend eligibility for home and community based |
15 | | services under Sections 1915 and 1924 of the Social Security |
16 | | Act to persons who transfer to or for the benefit of a spouse |
17 | | those amounts of income and resources allowed under Section |
18 | | 1924 of the Social Security Act. Subject to the approval of |
19 | | such amendments, the Department shall extend the provisions of |
20 | | Section 5-4 of the Illinois Public Aid Code to persons who, but |
21 | | for the provision of home or community-based services, would |
22 | | require the level of care provided in an institution, as is |
23 | | provided for in federal law. Those persons no longer found to |
24 | | be eligible for receiving noninstitutional services due to |
25 | | changes in the eligibility criteria shall be given 45 days |
26 | | notice prior to actual termination. Those persons receiving |
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1 | | notice of termination may contact the Department and request |
2 | | the determination be appealed at any time during the 45 day |
3 | | notice period. The target population identified for the |
4 | | purposes of this Section are persons age 60 and older with an |
5 | | identified service need. Priority shall be given to those who |
6 | | are at imminent risk of institutionalization. The services |
7 | | shall be provided to eligible persons age 60 and older to the |
8 | | extent that the cost of the services together with the other |
9 | | personal maintenance expenses of the persons are reasonably |
10 | | related to the standards established for care in a group |
11 | | facility appropriate to the person's condition. These |
12 | | noninstitutional non-institutional services, pilot projects, |
13 | | or experimental facilities may be provided as part of or in |
14 | | addition to those authorized by federal law or those funded |
15 | | and administered by the Department of Human Services. The |
16 | | Departments of Human Services, Healthcare and Family Services, |
17 | | Public Health, Veterans' Affairs, and Commerce and Economic |
18 | | Opportunity and other appropriate agencies of State, federal, |
19 | | and local governments shall cooperate with the Department on |
20 | | Aging in the establishment and development of the |
21 | | noninstitutional non-institutional services. The Department |
22 | | shall require an annual audit from all personal assistant and |
23 | | home care aide vendors contracting with the Department under |
24 | | this Section. The annual audit shall assure that each audited |
25 | | vendor's procedures are in compliance with Department's |
26 | | financial reporting guidelines requiring an administrative and |
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1 | | employee wage and benefits cost split as defined in |
2 | | administrative rules. The audit is a public record under the |
3 | | Freedom of Information Act. The Department shall execute, |
4 | | relative to the nursing home prescreening project, written |
5 | | inter-agency agreements with the Department of Human Services |
6 | | and the Department of Healthcare and Family Services, to |
7 | | effect the following: (1) intake procedures and common |
8 | | eligibility criteria for those persons who are receiving |
9 | | noninstitutional non-institutional services; and (2) the |
10 | | establishment and development of noninstitutional |
11 | | non-institutional services in areas of the State where they |
12 | | are not currently available or are undeveloped. All On and |
13 | | after July 1, 1996, all nursing home prescreenings for |
14 | | individuals 60 years of age or older shall be conducted by the |
15 | | Department. |
16 | | As part of the Department on Aging's routine training of |
17 | | case managers and case manager supervisors, the Department may |
18 | | include information on family futures planning for persons who |
19 | | are age 60 or older and who are caregivers of their adult |
20 | | children with developmental disabilities. The content of the |
21 | | training shall be at the Department's discretion. |
22 | | The Department is authorized to establish a system of |
23 | | recipient copayment for services provided under this Section, |
24 | | such copayment to be based upon the recipient's ability to pay |
25 | | but in no case to exceed the actual cost of the services |
26 | | provided. Additionally, any portion of a person's income which |
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1 | | is equal to or less than the federal poverty standard shall not |
2 | | be considered by the Department in determining the copayment. |
3 | | The level of such copayment shall be adjusted whenever |
4 | | necessary to reflect any change in the officially designated |
5 | | federal poverty standard. |
6 | | The Department, or the Department's authorized |
7 | | representative, may recover the amount of moneys expended for |
8 | | services provided to or in behalf of a person under this |
9 | | Section by a claim against the person's estate or against the |
10 | | estate of the person's surviving spouse, but no recovery may |
11 | | be had until after the death of the surviving spouse, if any, |
12 | | and then only at such time when there is no surviving child who |
13 | | is under age 21 or blind or who has a permanent and total |
14 | | disability. This paragraph, however, shall not bar recovery, |
15 | | at the death of the person, of moneys for services provided to |
16 | | the person or in behalf of the person under this Section to |
17 | | which the person was not entitled; provided that such recovery |
18 | | shall not be enforced against any real estate while it is |
19 | | occupied as a homestead by the surviving spouse or other |
20 | | dependent, if no claims by other creditors have been filed |
21 | | against the estate, or, if such claims have been filed, they |
22 | | remain dormant for failure of prosecution or failure of the |
23 | | claimant to compel administration of the estate for the |
24 | | purpose of payment. This paragraph shall not bar recovery from |
25 | | the estate of a spouse, under Sections 1915 and 1924 of the |
26 | | Social Security Act and Section 5-4 of the Illinois Public Aid |
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1 | | Code, who precedes a person receiving services under this |
2 | | Section in death. All moneys for services paid to or in behalf |
3 | | of the person under this Section shall be claimed for recovery |
4 | | from the deceased spouse's estate. "Homestead", as used in |
5 | | this paragraph, means the dwelling house and contiguous real |
6 | | estate occupied by a surviving spouse or relative, as defined |
7 | | by the rules and regulations of the Department of Healthcare |
8 | | and Family Services, regardless of the value of the property. |
9 | | The Department shall increase the effectiveness of the |
10 | | existing Community Care Program by: |
11 | | (1) ensuring that in-home services included in the |
12 | | care plan are available on evenings and weekends; |
13 | | (2) ensuring that care plans contain the services that |
14 | | eligible participants need based on the number of days in |
15 | | a month, not limited to specific blocks of time, as |
16 | | identified by the comprehensive assessment tool selected |
17 | | by the Department for use statewide, not to exceed the |
18 | | total monthly service cost maximum allowed for each |
19 | | service; the Department shall develop administrative rules |
20 | | to implement this item (2); |
21 | | (3) ensuring that the participants have the right to |
22 | | choose the services contained in their care plan and to |
23 | | direct how those services are provided, based on |
24 | | administrative rules established by the Department; |
25 | | (4)(blank); |
26 | | (5) ensuring that homecare aides homemakers can |
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1 | | provide personal care services that may or may not involve |
2 | | contact with clients, including, but not limited to: |
3 | | (A) bathing; |
4 | | (B) grooming; |
5 | | (C) toileting; |
6 | | (D) nail care; |
7 | | (E) transferring; |
8 | | (F) respiratory services; |
9 | | (G) exercise; or |
10 | | (H) positioning; |
11 | | (6) ensuring that providers homemaker program vendors |
12 | | are not restricted from hiring homecare aides homemakers |
13 | | who are family members of clients or recommended by |
14 | | clients; the Department may not, by rule or policy, |
15 | | require homecare aides homemakers who are family members |
16 | | of clients or recommended by clients to accept assignments |
17 | | in homes other than the client; |
18 | | (7) ensuring that the State may access maximum federal |
19 | | matching funds by seeking approval for the Centers for |
20 | | Medicare and Medicaid Services for modifications to the |
21 | | State's home and community based services waiver and |
22 | | additional waiver opportunities, including applying for |
23 | | enrollment in the Balance Incentive Payment Program by May |
24 | | 1, 2013, in order to maximize federal matching funds; this |
25 | | shall include, but not be limited to, modification that |
26 | | reflects all changes in the Community Care Program |
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1 | | services and all increases in the services cost maximum; |
2 | | (8) ensuring that the determination of need tool |
3 | | accurately reflects the service needs of individuals with |
4 | | Alzheimer's disease and related dementia disorders; |
5 | | (9) ensuring that services are authorized accurately |
6 | | and consistently for the Community Care Program (CCP); the |
7 | | Department shall implement a Service Authorization policy |
8 | | directive; the purpose shall be to ensure that eligibility |
9 | | and services are authorized accurately and consistently in |
10 | | the CCP program; the policy directive shall clarify |
11 | | service authorization guidelines to Care Coordination |
12 | | Units and Community Care Program providers no later than |
13 | | May 1, 2013; |
14 | | (10) working in conjunction with Care Coordination |
15 | | Units, the Department of Healthcare and Family Services, |
16 | | the Department of Human Services, Community Care Program |
17 | | providers, and other stakeholders to make improvements to |
18 | | the Medicaid claiming processes and the Medicaid |
19 | | enrollment procedures or requirements as needed, |
20 | | including, but not limited to, specific policy changes or |
21 | | rules to improve the up-front enrollment of participants |
22 | | in the Medicaid program and specific policy changes or |
23 | | rules to insure more prompt submission of bills to the |
24 | | federal government to secure maximum federal matching |
25 | | dollars as promptly as possible ; the Department on Aging |
26 | | shall have at least 3 meetings with stakeholders by |
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1 | | January 1, 2014 in order to address these improvements ; |
2 | | (11) requiring home care service providers to comply |
3 | | with the rounding of hours worked provisions under the |
4 | | federal Fair Labor Standards Act (FLSA) and as set forth |
5 | | in 29 CFR 785.48(b) by May 1, 2013; |
6 | | (12) implementing any necessary policy changes or |
7 | | promulgating any rules, no later than January 1, 2014, to |
8 | | assist the Department of Healthcare and Family Services in |
9 | | moving as many participants as possible, consistent with |
10 | | federal regulations, into coordinated care plans if a care |
11 | | coordination plan that covers long term care is available |
12 | | in the recipient's area; and |
13 | | (13) (blank). |
14 | | By January 1, 2009 or as soon after the end of the Cash and |
15 | | Counseling Demonstration Project as is practicable, the |
16 | | Department may, based on its evaluation of the demonstration |
17 | | project, promulgate rules concerning personal assistant |
18 | | services, to include, but need not be limited to, |
19 | | qualifications, employment screening, rights under fair labor |
20 | | standards, training, fiduciary agent, and supervision |
21 | | requirements. All applicants shall be subject to the |
22 | | provisions of the Health Care Worker Background Check Act. |
23 | | The Department shall develop procedures to enhance |
24 | | availability of services on evenings, weekends, and on an |
25 | | emergency basis to meet the respite needs of caregivers. |
26 | | Procedures shall be developed to permit the utilization of |
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1 | | services in successive blocks of 24 hours up to the monthly |
2 | | maximum established by the Department. Workers providing these |
3 | | services shall be appropriately trained. |
4 | | No September 23, 1991 (Public Act 87-729) person may |
5 | | perform homecare aid chore/housekeeping and home care aide |
6 | | services under a program authorized by this Section unless |
7 | | that person has been issued a certificate of pre-service to do |
8 | | so by his or her employing agency. Information gathered to |
9 | | effect such certification shall include (i) the person's name, |
10 | | (ii) the date the person was hired by his or her current |
11 | | employer, and (iii) the training, including dates and levels. |
12 | | Persons engaged in the program authorized by this Section |
13 | | before the effective date of this amendatory Act of 1991 shall |
14 | | be issued a certificate of all pre-service and in-service |
15 | | training from his or her employer upon submitting the |
16 | | necessary information. The employing agency shall be required |
17 | | to retain records of all staff pre-service and in-service |
18 | | training, and shall provide such records to the Department |
19 | | upon request and upon termination of the employer's contract |
20 | | with the Department. In addition, the employing agency is |
21 | | responsible for the issuance of certifications of in-service |
22 | | training completed to their employees. |
23 | | The Department is required to develop a system to ensure |
24 | | that persons working as home care aides and personal |
25 | | assistants receive increases in their wages when the federal |
26 | | minimum wage is increased by requiring vendors to certify that |
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1 | | they are meeting the federal minimum wage statute for home |
2 | | care aides and personal assistants. An employer that cannot |
3 | | ensure that the minimum wage increase is being given to home |
4 | | care aides and personal assistants shall be denied any |
5 | | increase in reimbursement costs. |
6 | | The Community Care Program Advisory Committee is created |
7 | | in the Department on Aging. The Director shall appoint |
8 | | individuals to serve in the Committee, who shall serve at |
9 | | their own expense. Members of the Committee must abide by all |
10 | | applicable ethics laws. The Committee shall advise the |
11 | | Department on issues related to the Department's program of |
12 | | services to prevent unnecessary institutionalization. The |
13 | | Committee shall meet on a bi-monthly basis and shall serve to |
14 | | identify and advise the Department on present and potential |
15 | | issues affecting the service delivery network, the program's |
16 | | clients, and the Department and to recommend solution |
17 | | strategies. Persons appointed to the Committee shall be |
18 | | appointed on, but not limited to, their own and their agency's |
19 | | experience with the program, geographic representation, and |
20 | | willingness to serve. The Director shall appoint members to |
21 | | the Committee to represent provider, advocacy, policy |
22 | | research, and other constituencies committed to the delivery |
23 | | of high quality home and community-based services to older |
24 | | adults. Representatives shall be appointed to ensure |
25 | | representation from community care providers, including, but |
26 | | not limited to, adult day service providers, in-home service |
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1 | | providers homemaker providers , case coordination and case |
2 | | management units, emergency home response providers, statewide |
3 | | trade or labor unions that represent home care aides and |
4 | | direct care staff, area agencies on aging, adults over age 60, |
5 | | membership organizations representing older adults, and other |
6 | | organizational entities, providers of care, or individuals |
7 | | with demonstrated interest and expertise in the field of home |
8 | | and community care as determined by the Director. |
9 | | Nominations may be presented from any agency or State |
10 | | association with interest in the program. The Director, or his |
11 | | or her designee, shall serve as the permanent co-chair of the |
12 | | advisory committee. One other co-chair shall be nominated and |
13 | | approved by the members of the committee on an annual basis. |
14 | | Committee members' terms of appointment shall be for 4 years |
15 | | with one-quarter of the appointees' terms expiring each year. |
16 | | A member shall continue to serve until his or her replacement |
17 | | is named. The Department shall fill vacancies that have a |
18 | | remaining term of over one year, and this replacement shall |
19 | | occur through the annual replacement of expiring terms. The |
20 | | Director shall designate Department staff to provide technical |
21 | | assistance and staff support to the committee. Department |
22 | | representation shall not constitute membership of the |
23 | | committee. All Committee papers, issues, recommendations, |
24 | | reports, and meeting memoranda are advisory only. The |
25 | | Director, or his or her designee, shall make a written report, |
26 | | as requested by the Committee, regarding issues before the |
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1 | | Committee. |
2 | | The Department on Aging and the Department of Human |
3 | | Services shall cooperate in the development and submission of |
4 | | an annual report on programs and services provided under this |
5 | | Section. Such joint report shall be filed with the Governor |
6 | | and the General Assembly on or before March 31 of the following |
7 | | fiscal year. |
8 | | The requirement for reporting to the General Assembly |
9 | | shall be satisfied by filing copies of the report as required |
10 | | by Section 3.1 of the General Assembly Organization Act and |
11 | | filing such additional copies with the State Government Report |
12 | | Distribution Center for the General Assembly as is required |
13 | | under paragraph (t) of Section 7 of the State Library Act. |
14 | | Those persons previously found eligible for receiving |
15 | | noninstitutional non-institutional services whose services |
16 | | were discontinued under the Emergency Budget Act of Fiscal |
17 | | Year 1992, and who do not meet the eligibility standards in |
18 | | effect on or after July 1, 1992, shall remain ineligible on and |
19 | | after July 1, 1992. Those persons previously not required to |
20 | | cost-share and who were required to cost-share effective March |
21 | | 1, 1992, shall continue to meet cost-share requirements on and |
22 | | after July 1, 1992. Beginning July 1, 1992, all clients will be |
23 | | required to meet eligibility, cost-share, and other |
24 | | requirements and will have services discontinued or altered |
25 | | when they fail to meet these requirements. |
26 | | For the purposes of this Section, "flexible senior |
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1 | | services" refers to services that require one-time or periodic |
2 | | expenditures, including, but not limited to, respite care, |
3 | | home modification, assistive technology, housing assistance, |
4 | | and transportation. |
5 | | The Department shall implement an electronic service |
6 | | verification based on global positioning systems or other |
7 | | cost-effective technology for the Community Care Program no |
8 | | later than January 1, 2014. |
9 | | The Department shall require, as a condition of |
10 | | eligibility, application for the medical assistance program |
11 | | under Article V of the Illinois Public Aid Code. |
12 | | The Department may authorize Community Care Program |
13 | | services until an applicant is determined eligible for medical |
14 | | assistance under Article V of the Illinois Public Aid Code. |
15 | | The Department shall continue to provide Community Care |
16 | | Program reports as required by statute, which shall include an |
17 | | annual report on Care Coordination Unit performance and |
18 | | adherence to service guidelines and a 6-month supplemental |
19 | | report. |
20 | | In regard to community care providers, failure to comply |
21 | | with Department on Aging policies shall be cause for |
22 | | disciplinary action, including, but not limited to, |
23 | | disqualification from serving Community Care Program clients. |
24 | | Each provider, upon submission of any bill or invoice to the |
25 | | Department for payment for services rendered, shall include a |
26 | | notarized statement, under penalty of perjury pursuant to |
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1 | | Section 1-109 of the Code of Civil Procedure, that the |
2 | | provider has complied with all Department policies. |
3 | | The Director of the Department on Aging shall make |
4 | | information available to the State Board of Elections as may |
5 | | be required by an agreement the State Board of Elections has |
6 | | entered into with a multi-state voter registration list |
7 | | maintenance system. |
8 | | The Department shall pay an enhanced rate of at least |
9 | | $1.77 per unit under the Community Care Program to those |
10 | | in-home service provider agencies that offer health insurance |
11 | | coverage as a benefit to their direct service worker employees |
12 | | pursuant to rules adopted by the Department. The Department |
13 | | shall review the enhanced rate as part of its process to rebase |
14 | | in-home service provider reimbursement rates pursuant to |
15 | | federal waiver requirements. Subject to federal approval, |
16 | | beginning on January 1, 2024, rates for adult day services |
17 | | shall be increased to $16.84 per hour and rates for each way |
18 | | transportation services for adult day services shall be |
19 | | increased to $12.44 per unit transportation. |
20 | | Subject to federal approval, on and after January 1, 2024, |
21 | | rates for homecare aid homemaker services shall be increased |
22 | | to $28.07 to sustain a minimum wage of $17 per hour for direct |
23 | | service workers. Rates in subsequent State fiscal years shall |
24 | | be no lower than the rates put into effect upon federal |
25 | | approval. Providers of in-home services shall be required to |
26 | | certify to the Department that they remain in compliance with |
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1 | | the mandated wage increase for direct service workers. Fringe |
2 | | benefits, including, but not limited to, paid time off and |
3 | | payment for training, health insurance, travel, or |
4 | | transportation, shall not be reduced in relation to the rate |
5 | | increases described in this paragraph. |
6 | | Subject to and upon federal approval, on and after January |
7 | | 1, 2025, rates for homecare aid homemaker services shall be |
8 | | increased to $29.63 to sustain a minimum wage of $18 per hour |
9 | | for direct service workers. Rates in subsequent State fiscal |
10 | | years shall be no lower than the rates put into effect upon |
11 | | federal approval. Providers of in-home services shall be |
12 | | required to certify to the Department that they remain in |
13 | | compliance with the mandated wage increase for direct service |
14 | | workers. Fringe benefits, including, but not limited to, paid |
15 | | time off and payment for training, health insurance, travel, |
16 | | or transportation, shall not be reduced in relation to the |
17 | | rate increases described in this paragraph. |
18 | | The General Assembly finds it necessary to authorize an |
19 | | aggressive Medicaid enrollment initiative designed to maximize |
20 | | federal Medicaid funding for the Community Care Program which |
21 | | produces significant savings for the State of Illinois. The |
22 | | Department on Aging shall establish and implement a Community |
23 | | Care Program Medicaid Initiative. Under the Initiative, the |
24 | | Department on Aging shall, at a minimum: (i) provide an |
25 | | enhanced rate to adequately compensate care coordination units |
26 | | to enroll eligible Community Care Program clients into |
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1 | | Medicaid; (ii) use recommendations from a stakeholder |
2 | | committee on how best to implement the Initiative; and (iii) |
3 | | establish requirements for State agencies to make enrollment |
4 | | in the State's Medical Assistance program easier for seniors. |
5 | | The Community Care Program Medicaid Enrollment Oversight |
6 | | Subcommittee is created as a subcommittee of the Older Adult |
7 | | Services Advisory Committee established in Section 35 of the |
8 | | Older Adult Services Act to make recommendations on how best |
9 | | to increase the number of medical assistance recipients who |
10 | | are enrolled in the Community Care Program. The Subcommittee |
11 | | shall consist of all of the following persons who must be |
12 | | appointed within 30 days after June 4, 2018 (the effective |
13 | | date of Public Act 100-587): |
14 | | (1) The Director of Aging, or his or her designee, who |
15 | | shall serve as the chairperson of the Subcommittee. |
16 | | (2) One representative of the Department of Healthcare |
17 | | and Family Services, appointed by the Director of |
18 | | Healthcare and Family Services. |
19 | | (3) One representative of the Department of Human |
20 | | Services, appointed by the Secretary of Human Services. |
21 | | (4) One individual representing a care coordination |
22 | | unit, appointed by the Director of Aging. |
23 | | (5) One individual from a non-governmental statewide |
24 | | organization that advocates for seniors, appointed by the |
25 | | Director of Aging. |
26 | | (6) One individual representing Area Agencies on |
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1 | | Aging, appointed by the Director of Aging. |
2 | | (7) One individual from a statewide association |
3 | | dedicated to Alzheimer's care, support, and research, |
4 | | appointed by the Director of Aging. |
5 | | (8) One individual from an organization that employs |
6 | | persons who provide services under the Community Care |
7 | | Program, appointed by the Director of Aging. |
8 | | (9) One member of a trade or labor union representing |
9 | | persons who provide services under the Community Care |
10 | | Program, appointed by the Director of Aging. |
11 | | (10) One member of the Senate, who shall serve as |
12 | | co-chairperson, appointed by the President of the Senate. |
13 | | (11) One member of the Senate, who shall serve as |
14 | | co-chairperson, appointed by the Minority Leader of the |
15 | | Senate. |
16 | | (12) One member of the House of Representatives, who |
17 | | shall serve as co-chairperson, appointed by the Speaker of |
18 | | the House of Representatives. |
19 | | (13) One member of the House of Representatives, who |
20 | | shall serve as co-chairperson, appointed by the Minority |
21 | | Leader of the House of Representatives. |
22 | | (14) One individual appointed by a labor organization |
23 | | representing frontline employees at the Department of |
24 | | Human Services. |
25 | | The Subcommittee shall provide oversight to the Community |
26 | | Care Program Medicaid Initiative and shall meet quarterly. At |
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1 | | each Subcommittee meeting the Department on Aging shall |
2 | | provide the following data sets to the Subcommittee: (A) the |
3 | | number of Illinois residents, categorized by planning and |
4 | | service area, who are receiving services under the Community |
5 | | Care Program and are enrolled in the State's Medical |
6 | | Assistance Program; (B) the number of Illinois residents, |
7 | | categorized by planning and service area, who are receiving |
8 | | services under the Community Care Program, but are not |
9 | | enrolled in the State's Medical Assistance Program; and (C) |
10 | | the number of Illinois residents, categorized by planning and |
11 | | service area, who are receiving services under the Community |
12 | | Care Program and are eligible for benefits under the State's |
13 | | Medical Assistance Program, but are not enrolled in the |
14 | | State's Medical Assistance Program. In addition to this data, |
15 | | the Department on Aging shall provide the Subcommittee with |
16 | | plans on how the Department on Aging will reduce the number of |
17 | | Illinois residents who are not enrolled in the State's Medical |
18 | | Assistance Program but who are eligible for medical assistance |
19 | | benefits. The Department on Aging shall enroll in the State's |
20 | | Medical Assistance Program those Illinois residents who |
21 | | receive services under the Community Care Program and are |
22 | | eligible for medical assistance benefits but are not enrolled |
23 | | in the State's Medicaid Assistance Program. The data provided |
24 | | to the Subcommittee shall be made available to the public via |
25 | | the Department on Aging's website. |
26 | | The Department on Aging, with the involvement of the |
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1 | | Subcommittee, shall collaborate with the Department of Human |
2 | | Services and the Department of Healthcare and Family Services |
3 | | on how best to achieve the responsibilities of the Community |
4 | | Care Program Medicaid Initiative. |
5 | | The Department on Aging, the Department of Human Services, |
6 | | and the Department of Healthcare and Family Services shall |
7 | | coordinate and implement a streamlined process for seniors to |
8 | | access benefits under the State's Medical Assistance Program. |
9 | | The Subcommittee shall collaborate with the Department of |
10 | | Human Services on the adoption of a uniform application |
11 | | submission process. The Department of Human Services and any |
12 | | other State agency involved with processing the medical |
13 | | assistance application of any person enrolled in the Community |
14 | | Care Program shall include the appropriate care coordination |
15 | | unit in all communications related to the determination or |
16 | | status of the application. |
17 | | The Community Care Program Medicaid Initiative shall |
18 | | provide targeted funding to care coordination units to help |
19 | | seniors complete their applications for medical assistance |
20 | | benefits. On and after July 1, 2019, care coordination units |
21 | | shall receive no less than $200 per completed application, |
22 | | which rate may be included in a bundled rate for initial intake |
23 | | services when Medicaid application assistance is provided in |
24 | | conjunction with the initial intake process for new program |
25 | | participants. |
26 | | The Community Care Program Medicaid Initiative shall cease |
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1 | | operation 5 years after June 4, 2018 (the effective date of |
2 | | Public Act 100-587), after which the Subcommittee shall |
3 | | dissolve. |
4 | | Effective July 1, 2023, subject to federal approval, the |
5 | | Department on Aging shall reimburse Care Coordination Units at |
6 | | the following rates for case management services: $252.40 for |
7 | | each initial assessment; $366.40 for each initial assessment |
8 | | with translation; $229.68 for each redetermination assessment; |
9 | | $313.68 for each redetermination assessment with translation; |
10 | | $200.00 for each completed application for medical assistance |
11 | | benefits; $132.26 for each face-to-face, choices-for-care |
12 | | screening; $168.26 for each face-to-face, choices-for-care |
13 | | screening with translation; $124.56 for each 6-month, |
14 | | face-to-face visit; $132.00 for each MCO participant |
15 | | eligibility determination; and $157.00 for each MCO |
16 | | participant eligibility determination with translation. |
17 | | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; |
18 | | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, |
19 | | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, |
20 | | Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff. |
21 | | 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.) |
22 | | (20 ILCS 105/4.15) |
23 | | Sec. 4.15. Benefit Access Program Eligibility |
24 | | determinations . |
25 | | (a) The Department shall implement and administer the |
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1 | | Benefit Access Program. Under this program, the Department |
2 | | shall establish the eligibility criteria for The Department is |
3 | | authorized to make eligibility determinations for benefits |
4 | | administered by other governmental bodies based on the Senior |
5 | | Citizens and Persons with Disabilities Property Tax Relief Act |
6 | | as follows : |
7 | | (i) for the Secretary of State with respect to reduced |
8 | | fees paid by qualified vehicle owners under the Illinois |
9 | | Vehicle Code; |
10 | | (ii) for special districts that offer free fixed route |
11 | | public transportation services for qualified older adults |
12 | | under the Local Mass Transit District Act, the |
13 | | Metropolitan Transit Authority Act, and the Regional |
14 | | Transportation Authority Act; and |
15 | | (iii) for special districts that offer transit |
16 | | services for qualified individuals with disabilities under |
17 | | the Local Mass Transit District Act, the Metropolitan |
18 | | Transit Authority Act, and the Regional Transportation |
19 | | Authority Act. |
20 | | (a-5) As used in this Section, unless the context requires |
21 | | otherwise: |
22 | | "Disability" means the inability to engage in any |
23 | | substantial gainful activity by reason of a medically |
24 | | determinable physical or mental impairment which can be |
25 | | expected to result in death or has lasted or can be expected to |
26 | | last for a continuous period of not less than 12 months. |
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1 | | "Income" means adjusted gross income, properly reportable |
2 | | for federal income tax purposes under the provisions of the |
3 | | Internal Revenue Code, modified by adding thereto the sum of |
4 | | the following amounts to the extent deducted or excluded from |
5 | | gross income in the computation of adjusted gross income: |
6 | | (1) an amount equal to all amounts paid or accrued as |
7 | | interest or dividends during the taxable year; |
8 | | (2) an amount equal to the amount of tax imposed by the |
9 | | Illinois Income Tax Act paid for the taxable year; |
10 | | (3) an amount equal to all amounts received during the |
11 | | taxable year as an annuity under an annuity, endowment, or |
12 | | life insurance contract or under any other contract or |
13 | | agreement; |
14 | | (4) an amount equal to the amount of benefits paid |
15 | | under the federal Social Security Act during the taxable |
16 | | year; |
17 | | (5) an amount equal to the amount of benefits paid |
18 | | under the Railroad Retirement Act during the taxable year; |
19 | | (6) an amount equal to the total amount of cash public |
20 | | assistance payments received from any governmental agency |
21 | | during the taxable year other than benefits received under |
22 | | this Act; or |
23 | | (7) an amount equal to any benefits received under the |
24 | | Workers' Compensation Act or the Workers' Occupational |
25 | | Diseases Act during the taxable year. |
26 | | For individuals who are not required to file federal |
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1 | | income tax returns, the Department shall adopt rules to |
2 | | specify the process to verify income. |
3 | | "Income" does not include any distributions or items of |
4 | | income described under subparagraph (X) of paragraph (2) of |
5 | | subsection (a) of Section 203 of the Illinois Income Tax Act. |
6 | | (a-10) To be eligible for benefits under the Benefit |
7 | | Access Program, an individual shall: |
8 | | (1) meet the income requirements; |
9 | | (2) be at least 65 years of age or older or be 16 years |
10 | | of age or older before January 1 of the current year and |
11 | | have a disability; and |
12 | | (3) be a resident of Illinois. |
13 | | (a-15) The household income eligibility limits are: |
14 | | (1) for an individual, less than $33,562; |
15 | | (2) for a 2-person household, less than $44,533; or |
16 | | (3) for a household of 3 or more people, $55,500. |
17 | | (b) The Department shall establish the manner by which |
18 | | individuals claimants shall apply for these benefits. The |
19 | | Department is authorized to promulgate rules regarding the |
20 | | following matters: the application cycle; the application |
21 | | process; the content for an electronic application; required |
22 | | personal identification information; acceptable proof of |
23 | | eligibility as to age, disability status, marital status, |
24 | | residency, and household income limits; household composition; |
25 | | calculating income; use of social security numbers; duration |
26 | | of eligibility determinations; automatic renewals; appeal |
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1 | | rights; and any other matters necessary for such |
2 | | administrative operations. |
3 | | (c) All information received by the Department from an |
4 | | application or from any investigation to determine eligibility |
5 | | for benefits shall be confidential, except for official |
6 | | purposes. |
7 | | (d) A person may not under any circumstances charge a fee |
8 | | to a claimant for assistance in completing an application form |
9 | | for these benefits. |
10 | | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.) |
11 | | Section 10. The Mobile Home Local Services Tax Act is |
12 | | amended by changing Section 7 as follows: |
13 | | (35 ILCS 515/7) (from Ch. 120, par. 1207) |
14 | | Sec. 7. The local services tax for owners of mobile homes |
15 | | who (a) are actually residing in such mobile homes, (b) hold |
16 | | title to such mobile home as provided in the Illinois Vehicle |
17 | | Code, and (c) are 65 years of age or older or are persons with |
18 | | disabilities within the meaning of subsection (a-15) of |
19 | | Section 4.15 of the Illinois Act on the Aging Section 3.14 of |
20 | | the Senior Citizens and Persons with Disabilities Property Tax |
21 | | Relief Act on the annual billing date shall be reduced to 80 |
22 | | percent of the tax provided for in Section 3 of this Act. Proof |
23 | | that a claimant has been issued an Illinois Person with a |
24 | | Disability Identification Card stating that the claimant is |
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1 | | under a Class 2 disability, as provided in Section 4A of the |
2 | | Illinois Identification Card Act, shall constitute proof that |
3 | | the person thereon named is a person with a disability within |
4 | | the meaning of this Act. An application for reduction of the |
5 | | tax shall be filed with the county clerk by the individuals who |
6 | | are entitled to the reduction. If the application is filed |
7 | | after May 1, the reduction in tax shall begin with the next |
8 | | annual bill. Application for the reduction in tax shall be |
9 | | done by submitting proof that the applicant has been issued an |
10 | | Illinois Person with a Disability Identification Card |
11 | | designating the applicant's disability as a Class 2 |
12 | | disability, or by affidavit in substantially the following |
13 | | form: |
14 | | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX |
15 | | I hereby make application for a reduction to 80% of the |
16 | | total tax imposed under "An Act to provide for a local services |
17 | | tax on mobile homes". |
18 | | (1) Senior Citizens |
19 | | (a) I actually reside in the mobile home .... |
20 | | (b) I hold title to the mobile home as provided in the |
21 | | Illinois Vehicle Code .... |
22 | | (c) I reached the age of 65 on or before either January 1 |
23 | | (or July 1) of the year in which this statement is filed. My |
24 | | date of birth is: ... |
25 | | (2) Persons with Disabilities |
26 | | (a) I actually reside in the mobile home... |
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1 | | (b) I hold title to the mobile home as provided in the |
2 | | Illinois Vehicle Code .... |
3 | | (c) I became a person with a total disability on ... and |
4 | | have remained a person with a disability until the date of this |
5 | | application. My Social Security, Veterans, Railroad or Civil |
6 | | Service Total Disability Claim Number is ... The undersigned |
7 | | declares under the penalty of perjury that the above |
8 | | statements are true and correct. |
9 | | Dated (insert date). |
10 | | ...........................
|
11 | | Signature of owner
|
12 | | ...........................
|
13 | | (Address)
|
14 | | ...........................
|
15 | | (City) (State) (Zip)
|
16 | | Approved by:
|
17 | | .............................
|
18 | | (Assessor) |
19 | | This application shall be accompanied by a copy of the |
20 | | applicant's most recent application filed with the Illinois |
21 | | Department on Aging under Section 4.15 of the Illinois Act on |
22 | | the Aging the Senior Citizens and Persons with Disabilities |
23 | | Property Tax Relief Act . |
24 | | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.) |
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1 | | Section 15. The Metropolitan Transit Authority Act is |
2 | | amended by changing Sections 51 and 52 as follows: |
3 | | (70 ILCS 3605/51) |
4 | | Sec. 51. Free and reduced fare services; eligibility. |
5 | | (a) Notwithstanding any law to the contrary, no later than |
6 | | 60 days following January 18, 2008 (the effective date of |
7 | | Public Act 95-708) and until subsection (b) is implemented, |
8 | | any fixed route public transportation services provided by, or |
9 | | under grant or purchase of service contracts of, the Board |
10 | | shall be provided without charge to all senior citizens of the |
11 | | Metropolitan Region (as such term is defined in Section 1.03 |
12 | | of the Regional Transportation Authority Act) aged 65 and |
13 | | older, under such conditions as shall be prescribed by the |
14 | | Board. |
15 | | (b) Notwithstanding any law to the contrary, no later than |
16 | | 180 days following February 14, 2011 (the effective date of |
17 | | Public Act 96-1527), any fixed route public transportation |
18 | | services provided by, or under grant or purchase of service |
19 | | contracts of, the Board shall be provided without charge to |
20 | | senior citizens aged 65 and older who meet the income |
21 | | eligibility limitation set forth in subsection (a-15) of |
22 | | Section 4.15 of the Illinois Act on the Aging subsection (a-5) |
23 | | of Section 4 of the Senior Citizens and Persons with |
24 | | Disabilities Property Tax Relief Act , under such conditions as |
25 | | shall be prescribed by the Board. The Department on Aging |
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1 | | shall furnish all information reasonably necessary to |
2 | | determine eligibility, including updated lists of individuals |
3 | | who are eligible for services without charge under this |
4 | | Section. After an initial eligibility determination is made, |
5 | | an individual's eligibility for free services shall |
6 | | automatically renew every 5 years after receipt by the |
7 | | Authority of a copy of the individual's government-issued |
8 | | identification card validating Illinois residency. Nothing in |
9 | | this Section shall relieve the Board from providing reduced |
10 | | fares as may be required by federal law. |
11 | | (c) The Board shall partner with the City of Chicago to |
12 | | provide transportation at reduced fares for participants in |
13 | | programs that offer employment and internship opportunities to |
14 | | youth and young adults ages 14 through 24. |
15 | | (Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24; |
16 | | 103-605, eff. 7-1-24.) |
17 | | (70 ILCS 3605/52) |
18 | | Sec. 52. Transit services for individuals with |
19 | | disabilities. Notwithstanding any law to the contrary, no |
20 | | later than 60 days following the effective date of this |
21 | | amendatory Act of the 95th General Assembly, all fixed route |
22 | | public transportation services provided by, or under grant or |
23 | | purchase of service contract of, the Board shall be provided |
24 | | without charge to all persons with disabilities who meet the |
25 | | income eligibility limitation set forth in subsection (a-15) |
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1 | | of Section 4.15 of the Illinois Act on the Aging subsection |
2 | | (a-5) of Section 4 of the Senior Citizens and Persons with |
3 | | Disabilities Property Tax Relief Act , under such procedures as |
4 | | shall be prescribed by the Board. The Department on Aging |
5 | | shall furnish all information reasonably necessary to |
6 | | determine eligibility, including updated lists of individuals |
7 | | who are eligible for services without charge under this |
8 | | Section. After an initial eligibility determination is made, |
9 | | an individual's eligibility for free services shall |
10 | | automatically renew every 5 years after receipt by the |
11 | | Authority of a copy of the individual's government-issued |
12 | | identification card validating Illinois residency. Individuals |
13 | | who have not submitted an Illinois Persons with a Disability |
14 | | Identification Card to the Authority shall also submit a |
15 | | document verifying the individual's disability. |
16 | | (Source: P.A. 103-241, eff. 1-1-24 .) |
17 | | Section 20. The Local Mass Transit District Act is amended |
18 | | by changing Sections 8.6 and 8.7 as follows: |
19 | | (70 ILCS 3610/8.6) |
20 | | Sec. 8.6. Free services; eligibility. |
21 | | (a) Notwithstanding any law to the contrary, no later than |
22 | | 60 days following the effective date of this amendatory Act of |
23 | | the 95th General Assembly and until subsection (b) is |
24 | | implemented, any fixed route public transportation services |
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1 | | provided by, or under grant or purchase of service contracts |
2 | | of, every District shall be provided without charge to all |
3 | | senior citizens of the District aged 65 and older, under such |
4 | | conditions as shall be prescribed by the District. |
5 | | (b) Notwithstanding any law to the contrary, no later than |
6 | | 180 days following the effective date of this amendatory Act |
7 | | of the 96th General Assembly, any fixed route public |
8 | | transportation services provided by, or under grant or |
9 | | purchase of service contracts of, every District shall be |
10 | | provided without charge to senior citizens aged 65 and older |
11 | | who meet the income eligibility limitation set forth in |
12 | | subsection (a-15) of Section 4.15 of the Illinois Act on the |
13 | | Aging subsection (a-5) of Section 4 of the Senior Citizens and |
14 | | Persons with Disabilities Property Tax Relief Act , under such |
15 | | conditions as shall be prescribed by the District. The |
16 | | Department on Aging shall furnish all information reasonably |
17 | | necessary to determine eligibility, including updated lists of |
18 | | individuals who are eligible for services without charge under |
19 | | this Section. Nothing in this Section shall relieve the |
20 | | District from providing reduced fares as may be required by |
21 | | federal law. |
22 | | (Source: P.A. 99-143, eff. 7-27-15.) |
23 | | (70 ILCS 3610/8.7) |
24 | | Sec. 8.7. Transit services for individuals with |
25 | | disabilities. Notwithstanding any law to the contrary, no |
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1 | | later than 60 days following the effective date of this |
2 | | amendatory Act of the 95th General Assembly, all fixed route |
3 | | public transportation services provided by, or under grant or |
4 | | purchase of service contract of, any District shall be |
5 | | provided without charge to all persons with disabilities who |
6 | | meet the income eligibility limitation set forth in subsection |
7 | | (a-15) of Section 4.15 of the Illinois Act on the Aging |
8 | | subsection (a-5) of Section 4 of the Senior Citizens and |
9 | | Persons with Disabilities Property Tax Relief Act , under such |
10 | | procedures as shall be prescribed by the District. The |
11 | | Department on Aging shall furnish all information reasonably |
12 | | necessary to determine eligibility, including updated lists of |
13 | | individuals who are eligible for services without charge under |
14 | | this Section. |
15 | | (Source: P.A. 99-143, eff. 7-27-15.) |
16 | | Section 25. The Regional Transportation Authority Act is |
17 | | amended by changing Sections 3A.15, 3A.16, 3B.14, and 3B.15 as |
18 | | follows: |
19 | | (70 ILCS 3615/3A.15) |
20 | | Sec. 3A.15. Free services; eligibility. |
21 | | (a) Notwithstanding any law to the contrary, no later than |
22 | | 60 days following the effective date of this amendatory Act of |
23 | | the 95th General Assembly and until subsection (b) is |
24 | | implemented, any fixed route public transportation services |
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1 | | provided by, or under grant or purchase of service contracts |
2 | | of, the Suburban Bus Board shall be provided without charge to |
3 | | all senior citizens of the Metropolitan Region aged 65 and |
4 | | older, under such conditions as shall be prescribed by the |
5 | | Suburban Bus Board. |
6 | | (b) Notwithstanding any law to the contrary, no later than |
7 | | 180 days following the effective date of this amendatory Act |
8 | | of the 96th General Assembly, any fixed route public |
9 | | transportation services provided by, or under grant or |
10 | | purchase of service contracts of, the Suburban Bus Board shall |
11 | | be provided without charge to senior citizens aged 65 and |
12 | | older who meet the income eligibility limitation set forth in |
13 | | subsection (a-15) of Section 4.15 of the Illinois Act on the |
14 | | Aging subsection (a-5) of Section 4 of the Senior Citizens and |
15 | | Persons with Disabilities Property Tax Relief Act , under such |
16 | | conditions as shall be prescribed by the Suburban Bus Board. |
17 | | The Department on Aging shall furnish all information |
18 | | reasonably necessary to determine eligibility, including |
19 | | updated lists of individuals who are eligible for services |
20 | | without charge under this Section. After an initial |
21 | | eligibility determination is made, an individual's eligibility |
22 | | for free services shall automatically renew every 5 years |
23 | | after receipt by the Authority of a copy of the individual's |
24 | | government-issued identification card validating Illinois |
25 | | residency. Nothing in this Section shall relieve the Suburban |
26 | | Bus Board from providing reduced fares as may be required by |
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1 | | federal law. |
2 | | (Source: P.A. 103-241, eff. 1-1-24 .) |
3 | | (70 ILCS 3615/3A.16) |
4 | | Sec. 3A.16. Transit services for individuals with |
5 | | disabilities. Notwithstanding any law to the contrary, no |
6 | | later than 60 days following the effective date of this |
7 | | amendatory Act of the 95th General Assembly, all fixed route |
8 | | public transportation services provided by, or under grant or |
9 | | purchase of service contract of, the Suburban Bus Board shall |
10 | | be provided without charge to all persons with disabilities |
11 | | who meet the income eligibility limitation set forth in |
12 | | subsection (a-15) of Section 4.15 of the Illinois Act on the |
13 | | Aging subsection (a-5) of Section 4 of the Senior Citizens and |
14 | | Persons with Disabilities Property Tax Relief Act , under such |
15 | | procedures as shall be prescribed by the Board. The Department |
16 | | on Aging shall furnish all information reasonably necessary to |
17 | | determine eligibility, including updated lists of individuals |
18 | | who are eligible for services without charge under this |
19 | | Section. After an initial eligibility determination is made, |
20 | | an individual's eligibility for free services shall |
21 | | automatically renew every 5 years after receipt by the |
22 | | Authority of a copy of the individual's government-issued |
23 | | identification card validating Illinois residency. Individuals |
24 | | who have not submitted an Illinois Persons with a Disability |
25 | | Identification Card to the Authority shall also submit a |
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1 | | document verifying the individual's disability. |
2 | | (Source: P.A. 103-241, eff. 1-1-24 .) |
3 | | (70 ILCS 3615/3B.14) |
4 | | Sec. 3B.14. Free services; eligibility. |
5 | | (a) Notwithstanding any law to the contrary, no later than |
6 | | 60 days following the effective date of this amendatory Act of |
7 | | the 95th General Assembly and until subsection (b) is |
8 | | implemented, any fixed route public transportation services |
9 | | provided by, or under grant or purchase of service contracts |
10 | | of, the Commuter Rail Board shall be provided without charge |
11 | | to all senior citizens of the Metropolitan Region aged 65 and |
12 | | older, under such conditions as shall be prescribed by the |
13 | | Commuter Rail Board. |
14 | | (b) Notwithstanding any law to the contrary, no later than |
15 | | 180 days following the effective date of this amendatory Act |
16 | | of the 96th General Assembly, any fixed route public |
17 | | transportation services provided by, or under grant or |
18 | | purchase of service contracts of, the Commuter Rail Board |
19 | | shall be provided without charge to senior citizens aged 65 |
20 | | and older who meet the income eligibility limitation set forth |
21 | | in subsection (a-15) of Section 4.15 of the Illinois Act on the |
22 | | Aging subsection (a-5) of Section 4 of the Senior Citizens and |
23 | | Persons with Disabilities Property Tax Relief Act , under such |
24 | | conditions as shall be prescribed by the Commuter Rail Board. |
25 | | The Department on Aging shall furnish all information |
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1 | | reasonably necessary to determine eligibility, including |
2 | | updated lists of individuals who are eligible for services |
3 | | without charge under this Section. After an initial |
4 | | eligibility determination is made, an individual's eligibility |
5 | | for free services shall automatically renew every 5 years |
6 | | after receipt by the Authority of a copy of the individual's |
7 | | government-issued identification card validating Illinois |
8 | | residency. Nothing in this Section shall relieve the Commuter |
9 | | Rail Board from providing reduced fares as may be required by |
10 | | federal law. |
11 | | (Source: P.A. 103-241, eff. 1-1-24 .) |
12 | | (70 ILCS 3615/3B.15) |
13 | | Sec. 3B.15. Transit services for individuals with |
14 | | disabilities. Notwithstanding any law to the contrary, no |
15 | | later than 60 days following the effective date of this |
16 | | amendatory Act of the 95th General Assembly, all fixed route |
17 | | public transportation services provided by, or under grant or |
18 | | purchase of service contract of, the Commuter Rail Board shall |
19 | | be provided without charge to all persons with disabilities |
20 | | who meet the income eligibility limitation set forth in |
21 | | subsection (a-15) of Section 4.15 of the Illinois Act on the |
22 | | Aging subsection (a-5) of Section 4 of the Senior Citizens and |
23 | | Persons with Disabilities Property Tax Relief Act , under such |
24 | | procedures as shall be prescribed by the Board. The Department |
25 | | on Aging shall furnish all information reasonably necessary to |
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1 | | determine eligibility, including updated lists of individuals |
2 | | who are eligible for services without charge under this |
3 | | Section. After an initial eligibility determination is made, |
4 | | an individual's eligibility for free services shall |
5 | | automatically renew every 5 years after receipt by the |
6 | | Authority of a copy of the individual's government-issued |
7 | | identification card validating Illinois residency. Individuals |
8 | | who have not submitted an Illinois Persons with a Disability |
9 | | Identification Card to the Authority shall also submit a |
10 | | document verifying the individual's disability. |
11 | | (Source: P.A. 103-241, eff. 1-1-24 .) |
12 | | Section 30. The Senior Citizen Courses Act is amended by |
13 | | changing Section 1 as follows: |
14 | | (110 ILCS 990/1) (from Ch. 144, par. 1801) |
15 | | Sec. 1. Definitions. For the purposes of this Act: |
16 | | (a) "Public institutions of higher education" means the |
17 | | University of Illinois, Southern Illinois University, Chicago |
18 | | State University, Eastern Illinois University, Governors State |
19 | | University, Illinois State University, Northeastern Illinois |
20 | | University, Northern Illinois University, Western Illinois |
21 | | University, and the public community colleges subject to the |
22 | | "Public Community College Act". |
23 | | (b) "Credit Course" means any program of study for which |
24 | | public institutions of higher education award credit hours. |
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1 | | (c) "Senior citizen" means any person 65 years or older |
2 | | whose annual household income is less than the threshold |
3 | | amount provided in subsection (a-15) of Section 4.15 of the |
4 | | Illinois Act on the Aging Section 4 of the "Senior Citizens and |
5 | | Persons with Disabilities Property Tax Relief Act", approved |
6 | | July 17, 1972, as amended . |
7 | | (Source: P.A. 99-143, eff. 7-27-15.) |
8 | | Section 35. The Illinois Public Aid Code is amended by |
9 | | changing Sections 4-1.6, 4-2, 6-1.2, and 6-2 as follows: |
10 | | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6) |
11 | | Sec. 4-1.6. Need. Income available to the family as |
12 | | defined by the Illinois Department by rule, or to the child in |
13 | | the case of a child removed from his or her home, when added to |
14 | | contributions in money, substance or services from other |
15 | | sources, including income available from parents absent from |
16 | | the home or from a stepparent, contributions made for the |
17 | | benefit of the parent or other persons necessary to provide |
18 | | care and supervision to the child, and contributions from |
19 | | legally responsible relatives, must be equal to or less than |
20 | | the grant amount established by Department regulation for such |
21 | | a person. For purposes of eligibility for aid under this |
22 | | Article, the Department shall (a) disregard all earned income |
23 | | between the grant amount and 50% of the Federal Poverty Level |
24 | | and (b) disregard the value of all assets held by the family. |
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1 | | In considering income to be taken into account, |
2 | | consideration shall be given to any expenses reasonably |
3 | | attributable to the earning of such income. Three-fourths of |
4 | | the earned income of a household eligible for aid under this |
5 | | Article shall be disregarded when determining the level of |
6 | | assistance for which a household is eligible. All child |
7 | | support, whether it be current support, past support owed, or |
8 | | future support, that is collected on or after January 1, 2023 |
9 | | on behalf of a family shall be passed through to the family and |
10 | | disregarded in determining the amount of the assistance grant |
11 | | provided to the family under this Article. Any amount of child |
12 | | support that would be disregarded in determining the amount of |
13 | | the assistance grant shall be disregarded in determining |
14 | | eligibility for cash assistance provided under this Article. |
15 | | The Illinois Department may also permit all or any portion of |
16 | | earned or other income to be set aside for the future |
17 | | identifiable needs of a child. The Illinois Department may |
18 | | provide by rule and regulation for the exemptions thus |
19 | | permitted or required. The eligibility of any applicant for or |
20 | | recipient of public aid under this Article is not affected by |
21 | | the payment of any benefits provided grant under the Benefits |
22 | | Access Program administered under Section 4.15 of the Illinois |
23 | | Act on the Aging "Senior Citizens and Persons with |
24 | | Disabilities Property Tax Relief Act" or any distributions or |
25 | | items of income described under subparagraph (X) of paragraph |
26 | | (2) of subsection (a) of Section 203 of the Illinois Income Tax |
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1 | | Act. |
2 | | The Illinois Department may, by rule, set forth criteria |
3 | | under which an assistance unit is ineligible for cash |
4 | | assistance under this Article for a specified number of months |
5 | | due to the receipt of a lump sum payment. |
6 | | (Source: P.A. 102-1115, eff. 7-1-24.) |
7 | | (305 ILCS 5/4-2) (from Ch. 23, par. 4-2) |
8 | | Sec. 4-2. Amount of aid. |
9 | | (a) The amount and nature of financial aid shall be |
10 | | determined in accordance with the grant amounts, rules and |
11 | | regulations of the Illinois Department. Due regard shall be |
12 | | given to the self-sufficiency requirements of the family and |
13 | | to the income, money contributions and other support and |
14 | | resources available, from whatever source. However, the amount |
15 | | and nature of any financial aid is not affected by the payment |
16 | | of any benefits provided grant under the Benefits Access |
17 | | Program administered under Section 4.15 of the Illinois Act on |
18 | | the Aging "Senior Citizens and Persons with Disabilities |
19 | | Property Tax Relief Act" or any distributions or items of |
20 | | income described under subparagraph (X) of paragraph (2) of |
21 | | subsection (a) of Section 203 of the Illinois Income Tax Act. |
22 | | The aid shall be sufficient, when added to all other income, |
23 | | money contributions and support to provide the family with a |
24 | | grant in the amount established by Department regulation. |
25 | | (a-5) For the purposes of this subsection, TANF grant |
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1 | | amounts shall consist of the following portions: |
2 | | (1) 75% shall be designated for the child or children |
3 | | of the assistance unit; and |
4 | | (2) 25% shall be designated for the adult member or |
5 | | members of the assistance unit. |
6 | | (b) The Illinois Department may conduct special projects, |
7 | | which may be known as Grant Diversion Projects, under which |
8 | | recipients of financial aid under this Article are placed in |
9 | | jobs and their grants are diverted to the employer who in turn |
10 | | makes payments to the recipients in the form of salary or other |
11 | | employment benefits. The Illinois Department shall by rule |
12 | | specify the terms and conditions of such Grant Diversion |
13 | | Projects. Such projects shall take into consideration and be |
14 | | coordinated with the programs administered under the Illinois |
15 | | Emergency Employment Development Act. |
16 | | (c) The amount and nature of the financial aid for a child |
17 | | requiring care outside his own home shall be determined in |
18 | | accordance with the rules and regulations of the Illinois |
19 | | Department, with due regard to the needs and requirements of |
20 | | the child in the foster home or institution in which he has |
21 | | been placed. |
22 | | (d) If the Department establishes grants for family units |
23 | | consisting exclusively of a pregnant woman with no dependent |
24 | | child or including her husband if living with her, the grant |
25 | | amount for such a unit shall be equal to the grant amount for |
26 | | an assistance unit consisting of one adult, or 2 persons if the |
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1 | | husband is included. Other than as herein described, an unborn |
2 | | child shall not be counted in determining the size of an |
3 | | assistance unit or for calculating grants. |
4 | | Payments for basic maintenance requirements of a child or |
5 | | children and the relative with whom the child or children are |
6 | | living shall be prescribed, by rule, by the Illinois |
7 | | Department. |
8 | | Grants under this Article shall not be supplemented by |
9 | | General Assistance provided under Article VI. |
10 | | (e) Grants shall be paid to the parent or other person with |
11 | | whom the child or children are living, except for such amount |
12 | | as is paid in behalf of the child or his parent or other |
13 | | relative to other persons or agencies pursuant to this Code or |
14 | | the rules and regulations of the Illinois Department. |
15 | | (f) Subject to subsection (f-5), an assistance unit, |
16 | | receiving financial aid under this Article or temporarily |
17 | | ineligible to receive aid under this Article under a penalty |
18 | | imposed by the Illinois Department for failure to comply with |
19 | | the eligibility requirements or that voluntarily requests |
20 | | termination of financial assistance under this Article and |
21 | | becomes subsequently eligible for assistance within 9 months, |
22 | | shall not receive any increase in the amount of aid solely on |
23 | | account of the birth of a child; except that an increase is not |
24 | | prohibited when the birth is (i) of a child of a pregnant woman |
25 | | who became eligible for aid under this Article during the |
26 | | pregnancy, or (ii) of a child born within 10 months after the |
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1 | | date of implementation of this subsection, or (iii) of a child |
2 | | conceived after a family became ineligible for assistance due |
3 | | to income or marriage and at least 3 months of ineligibility |
4 | | expired before any reapplication for assistance. This |
5 | | subsection does not, however, prevent a unit from receiving a |
6 | | general increase in the amount of aid that is provided to all |
7 | | recipients of aid under this Article. |
8 | | The Illinois Department is authorized to transfer funds, |
9 | | and shall use any budgetary savings attributable to not |
10 | | increasing the grants due to the births of additional |
11 | | children, to supplement existing funding for employment and |
12 | | training services for recipients of aid under this Article IV. |
13 | | The Illinois Department shall target, to the extent the |
14 | | supplemental funding allows, employment and training services |
15 | | to the families who do not receive a grant increase after the |
16 | | birth of a child. In addition, the Illinois Department shall |
17 | | provide, to the extent the supplemental funding allows, such |
18 | | families with up to 24 months of transitional child care |
19 | | pursuant to Illinois Department rules. All remaining |
20 | | supplemental funds shall be used for employment and training |
21 | | services or transitional child care support. |
22 | | In making the transfers authorized by this subsection, the |
23 | | Illinois Department shall first determine, pursuant to |
24 | | regulations adopted by the Illinois Department for this |
25 | | purpose, the amount of savings attributable to not increasing |
26 | | the grants due to the births of additional children. Transfers |
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1 | | may be made from General Revenue Fund appropriations for |
2 | | distributive purposes authorized by Article IV of this Code |
3 | | only to General Revenue Fund appropriations for employability |
4 | | development services including operating and administrative |
5 | | costs and related distributive purposes under Article IXA of |
6 | | this Code. The Director, with the approval of the Governor, |
7 | | shall certify the amount and affected line item appropriations |
8 | | to the State Comptroller. |
9 | | Nothing in this subsection shall be construed to prohibit |
10 | | the Illinois Department from using funds under this Article IV |
11 | | to provide assistance in the form of vouchers that may be used |
12 | | to pay for goods and services deemed by the Illinois |
13 | | Department, by rule, as suitable for the care of the child such |
14 | | as diapers, clothing, school supplies, and cribs. |
15 | | (f-5) Subsection (f) shall not apply to affect the monthly |
16 | | assistance amount of any family as a result of the birth of a |
17 | | child on or after January 1, 2004. As resources permit after |
18 | | January 1, 2004, the Department may cease applying subsection |
19 | | (f) to limit assistance to families receiving assistance under |
20 | | this Article on January 1, 2004, with respect to children born |
21 | | prior to that date. In any event, subsection (f) shall be |
22 | | completely inoperative on and after July 1, 2007. |
23 | | (g) (Blank). |
24 | | (h) Notwithstanding any other provision of this Code, the |
25 | | Illinois Department is authorized to reduce payment levels |
26 | | used to determine cash grants under this Article after |
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1 | | December 31 of any fiscal year if the Illinois Department |
2 | | determines that the caseload upon which the appropriations for |
3 | | the current fiscal year are based have increased by more than |
4 | | 5% and the appropriation is not sufficient to ensure that cash |
5 | | benefits under this Article do not exceed the amounts |
6 | | appropriated for those cash benefits. Reductions in payment |
7 | | levels may be accomplished by emergency rule under Section |
8 | | 5-45 of the Illinois Administrative Procedure Act, except that |
9 | | the limitation on the number of emergency rules that may be |
10 | | adopted in a 24-month period shall not apply and the |
11 | | provisions of Sections 5-115 and 5-125 of the Illinois |
12 | | Administrative Procedure Act shall not apply. Increases in |
13 | | payment levels shall be accomplished only in accordance with |
14 | | Section 5-40 of the Illinois Administrative Procedure Act. |
15 | | Before any rule to increase payment levels promulgated under |
16 | | this Section shall become effective, a joint resolution |
17 | | approving the rule must be adopted by a roll call vote by a |
18 | | majority of the members elected to each chamber of the General |
19 | | Assembly. |
20 | | (Source: P.A. 101-103, eff. 7-19-19.) |
21 | | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2) |
22 | | Sec. 6-1.2. Need. Income available to the person, when |
23 | | added to contributions in money, substance, or services from |
24 | | other sources, including contributions from legally |
25 | | responsible relatives, must be insufficient to equal the grant |
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1 | | amount established by Department regulation (or by local |
2 | | governmental unit in units which do not receive State funds) |
3 | | for such a person. |
4 | | In determining income to be taken into account: |
5 | | (1) The first $75 of earned income in income |
6 | | assistance units comprised exclusively of one adult person |
7 | | shall be disregarded, and for not more than 3 months in any |
8 | | 12 consecutive months that portion of earned income beyond |
9 | | the first $75 that is the difference between the standard |
10 | | of assistance and the grant amount, shall be disregarded. |
11 | | (2) For income assistance units not comprised |
12 | | exclusively of one adult person, when authorized by rules |
13 | | and regulations of the Illinois Department, a portion of |
14 | | earned income, not to exceed the first $25 a month plus 50% |
15 | | of the next $75, may be disregarded for the purpose of |
16 | | stimulating and aiding rehabilitative effort and |
17 | | self-support activity. |
18 | | "Earned income" means money earned in self-employment or |
19 | | wages, salary, or commission for personal services performed |
20 | | as an employee. The eligibility of any applicant for or |
21 | | recipient of public aid under this Article is not affected by |
22 | | the payment of any benefits provided grant under the Benefits |
23 | | Access Program administered under Section 4.15 of the Illinois |
24 | | Act on the Aging "Senior Citizens and Persons with |
25 | | Disabilities Property Tax Relief Act" , any refund or payment |
26 | | of the federal Earned Income Tax Credit, any rebate authorized |
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1 | | under Section 2201(a) of the Coronavirus Aid, Relief, and |
2 | | Economic Security Act (Public Law 116-136) or under any other |
3 | | federal economic stimulus program created in response to the |
4 | | COVID-19 emergency, or any distributions or items of income |
5 | | described under subparagraph (X) of paragraph (2) of |
6 | | subsection (a) of Section 203 of the Illinois Income Tax Act. |
7 | | (Source: P.A. 101-632, eff. 6-5-20.) |
8 | | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2) |
9 | | Sec. 6-2. Amount of aid. The amount and nature of General |
10 | | Assistance for basic maintenance requirements shall be |
11 | | determined in accordance with local budget standards for local |
12 | | governmental units which do not receive State funds. For local |
13 | | governmental units which do receive State funds, the amount |
14 | | and nature of General Assistance for basic maintenance |
15 | | requirements shall be determined in accordance with the |
16 | | standards, rules and regulations of the Illinois Department. |
17 | | However, the amount and nature of any financial aid is not |
18 | | affected by the payment of any benefits provided grant under |
19 | | the Benefits Access Program administered under Section 4.15 of |
20 | | the Illinois Act on the Aging Senior Citizens and Persons with |
21 | | Disabilities Property Tax Relief Act , any rebate authorized |
22 | | under Section 2201(a) of the Coronavirus Aid, Relief, and |
23 | | Economic Security Act (Public Law 116-136) or under any other |
24 | | federal economic stimulus program created in response to the |
25 | | COVID-19 emergency, or any distributions or items of income |
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1 | | described under subparagraph (X) of paragraph (2) of |
2 | | subsection (a) of Section 203 of the Illinois Income Tax Act. |
3 | | Due regard shall be given to the requirements and the |
4 | | conditions existing in each case, and to the income, money |
5 | | contributions and other support and resources available, from |
6 | | whatever source. In local governmental units which do not |
7 | | receive State funds, the grant shall be sufficient when added |
8 | | to all other income, money contributions and support in excess |
9 | | of any excluded income or resources, to provide the person |
10 | | with a grant in the amount established for such a person by the |
11 | | local governmental unit based upon standards meeting basic |
12 | | maintenance requirements. In local governmental units which do |
13 | | receive State funds, the grant shall be sufficient when added |
14 | | to all other income, money contributions and support in excess |
15 | | of any excluded income or resources, to provide the person |
16 | | with a grant in the amount established for such a person by |
17 | | Department regulation based upon standards providing a |
18 | | livelihood compatible with health and well-being, as directed |
19 | | by Section 12-4.11 of this Code. |
20 | | The Illinois Department may conduct special projects, |
21 | | which may be known as Grant Diversion Projects, under which |
22 | | recipients of financial aid under this Article are placed in |
23 | | jobs and their grants are diverted to the employer who in turn |
24 | | makes payments to the recipients in the form of salary or other |
25 | | employment benefits. The Illinois Department shall by rule |
26 | | specify the terms and conditions of such Grant Diversion |
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1 | | Projects. Such projects shall take into consideration and be |
2 | | coordinated with the programs administered under the Illinois |
3 | | Emergency Employment Development Act. |
4 | | The allowances provided under Article IX for recipients |
5 | | participating in the training and rehabilitation programs |
6 | | shall be in addition to such maximum payment. |
7 | | Payments may also be made to provide persons receiving |
8 | | basic maintenance support with necessary treatment, care and |
9 | | supplies required because of illness or disability or with |
10 | | acute medical treatment, care, and supplies. Payments for |
11 | | necessary or acute medical care under this paragraph may be |
12 | | made to or in behalf of the person. Obligations incurred for |
13 | | such services but not paid for at the time of a recipient's |
14 | | death may be paid, subject to the rules and regulations of the |
15 | | Illinois Department, after the death of the recipient. |
16 | | (Source: P.A. 101-632, eff. 6-5-20.) |
17 | | Section 40. The Senior Citizens Real Estate Tax Deferral |
18 | | Act is amended by changing Section 8 as follows: |
19 | | (320 ILCS 30/8) (from Ch. 67 1/2, par. 458) |
20 | | Sec. 8. Nothing in this Act (a) affects any provision of |
21 | | any mortgage or other instrument relating to land requiring a |
22 | | person to pay real estate taxes or (b) affects the eligibility |
23 | | of any person to receive any grant pursuant to the "Senior |
24 | | Citizens and Persons with Disabilities Property Tax Relief |
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1 | | Act" . |
2 | | (Source: P.A. 99-143, eff. 7-27-15.) |
3 | | Section 45. The Older Adult Services Act is amended by |
4 | | changing Section 35 as follows: |
5 | | (320 ILCS 42/35) |
6 | | Sec. 35. Older Adult Services Advisory Committee. |
7 | | (a) The Older Adult Services Advisory Committee is created |
8 | | to advise the directors of Aging, Healthcare and Family |
9 | | Services, and Public Health on all matters related to this Act |
10 | | and the delivery of services to older adults in general. |
11 | | (b) The Advisory Committee shall be comprised of the |
12 | | following: |
13 | | (1) The Director of Aging or his or her designee, who |
14 | | shall serve as chair and shall be an ex officio and |
15 | | nonvoting member. |
16 | | (2) The Director of Healthcare and Family Services and |
17 | | the Director of Public Health or their designees, who |
18 | | shall serve as vice-chairs and shall be ex officio and |
19 | | nonvoting members. |
20 | | (3) One representative each of the Governor's Office, |
21 | | the Department of Healthcare and Family Services, the |
22 | | Department of Public Health, the Department of Veterans' |
23 | | Affairs, the Department of Human Services, the Department |
24 | | of Insurance, the Department on Aging, the Department on |
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1 | | Aging's State Long Term Care Ombudsman, the Illinois |
2 | | Housing Finance Authority, and the Illinois Housing |
3 | | Development Authority, each of whom shall be selected by |
4 | | his or her respective director and shall be an ex officio |
5 | | and nonvoting member. |
6 | | (4) Thirty members appointed by the Director of Aging |
7 | | in collaboration with the directors of Public Health and |
8 | | Healthcare and Family Services, and selected from the |
9 | | recommendations of statewide associations and |
10 | | organizations, as follows: |
11 | | (A) One member representing the Area Agencies on |
12 | | Aging; |
13 | | (B) Four members representing nursing homes or |
14 | | licensed assisted living establishments; |
15 | | (C) One member representing home health agencies; |
16 | | (D) One member representing case management |
17 | | services; |
18 | | (E) One member representing statewide senior |
19 | | center associations; |
20 | | (F) One member representing Community Care Program |
21 | | homemaker services; |
22 | | (G) One member representing Community Care Program |
23 | | adult day services; |
24 | | (H) One member representing nutrition project |
25 | | directors; |
26 | | (I) One member representing hospice programs; |
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1 | | (J) One member representing individuals with |
2 | | Alzheimer's disease and related dementias; |
3 | | (K) Two members representing statewide trade or |
4 | | labor unions; |
5 | | (L) One advanced practice registered nurse with |
6 | | experience in gerontological nursing; |
7 | | (M) One physician specializing in gerontology; |
8 | | (N) One member representing regional long-term |
9 | | care ombudsmen; |
10 | | (O) One member representing municipal, township, |
11 | | or county officials; |
12 | | (P) (Blank); |
13 | | (Q) (Blank); |
14 | | (R) One member representing the parish nurse |
15 | | movement; |
16 | | (S) One member representing pharmacists; |
17 | | (T) Two members representing statewide |
18 | | organizations engaging in advocacy or legal |
19 | | representation on behalf of the senior population; |
20 | | (U) Two family caregivers; |
21 | | (V) Two citizen members over the age of 60; |
22 | | (W) One citizen with knowledge in the area of |
23 | | gerontology research or health care law; |
24 | | (X) One representative of health care facilities |
25 | | licensed under the Hospital Licensing Act; and |
26 | | (Y) One representative of primary care service |
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1 | | providers. |
2 | | The Director of Aging, in collaboration with the Directors |
3 | | of Public Health and Healthcare and Family Services, may |
4 | | appoint additional citizen members to the Older Adult Services |
5 | | Advisory Committee. Each such additional member must be either |
6 | | an individual age 60 or older or an uncompensated caregiver |
7 | | for a family member or friend who is age 60 or older. |
8 | | (c) Voting members of the Advisory Committee shall serve |
9 | | for a term of 3 years or until a replacement is named. All |
10 | | members shall be appointed no later than January 1, 2005. Of |
11 | | the initial appointees, as determined by lot, 10 members shall |
12 | | serve a term of one year; 10 shall serve for a term of 2 years; |
13 | | and 12 shall serve for a term of 3 years. Any member appointed |
14 | | to fill a vacancy occurring prior to the expiration of the term |
15 | | for which his or her predecessor was appointed shall be |
16 | | appointed for the remainder of that term. The Advisory |
17 | | Committee shall meet at least quarterly and may meet more |
18 | | frequently at the call of the Chair. A simple majority of those |
19 | | appointed shall constitute a quorum. The affirmative vote of a |
20 | | majority of those present and voting shall be necessary for |
21 | | Advisory Committee action. Members of the Advisory Committee |
22 | | shall receive no compensation for their services. |
23 | | (d) The Advisory Committee shall have an Executive |
24 | | Committee comprised of the Chair, the Vice Chairs, and up to 15 |
25 | | members of the Advisory Committee appointed by the Chair who |
26 | | have demonstrated expertise in developing, implementing, or |
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1 | | coordinating the system restructuring initiatives defined in |
2 | | Section 25. The Executive Committee shall have responsibility |
3 | | to oversee and structure the operations of the Advisory |
4 | | Committee and to create and appoint necessary subcommittees |
5 | | and subcommittee members. The Advisory Committee's Community |
6 | | Care Program Medicaid Enrollment Oversight Subcommittee shall |
7 | | have the membership and powers and duties set forth in Section |
8 | | 4.02 of the Illinois Act on the Aging. |
9 | | (e) The Advisory Committee shall study and make |
10 | | recommendations related to the implementation of this Act, |
11 | | including, but not limited to, system restructuring |
12 | | initiatives as defined in Section 25 or otherwise related to |
13 | | this Act. |
14 | | (Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18; |
15 | | 100-621, eff. 7-20-18; 101-81, eff. 7-12-19.) |
16 | | Section 50. The Senior Pharmaceutical Assistance Act is |
17 | | amended by changing Section 5 as follows: |
18 | | (320 ILCS 50/5) |
19 | | Sec. 5. Findings. The General Assembly finds: |
20 | | (1) Senior citizens identify pharmaceutical assistance as |
21 | | the single most critical factor to their health, well-being, |
22 | | and continued independence. |
23 | | (2) The State of Illinois currently operates one 2 |
24 | | pharmaceutical assistance programs that benefit seniors: (i) |
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1 | | the program of pharmaceutical assistance under the Senior |
2 | | Citizens and Persons with Disabilities Property Tax Relief Act |
3 | | and (ii) the Aid to the Aged, Blind, or Disabled program under |
4 | | the Illinois Public Aid Code. The State has been given |
5 | | authority to establish a third program, SeniorRx Care, through |
6 | | a federal Medicaid waiver. |
7 | | (3) Each year, numerous pieces of legislation are filed |
8 | | seeking to establish additional pharmaceutical assistance |
9 | | benefits for seniors or to make changes to the existing |
10 | | programs. |
11 | | (4) Establishment of a pharmaceutical assistance review |
12 | | committee will ensure proper coordination of benefits, |
13 | | diminish the likelihood of duplicative benefits, and ensure |
14 | | that the best interests of seniors are served. |
15 | | (5) In addition to the State pharmaceutical assistance |
16 | | programs, several private entities, such as drug manufacturers |
17 | | and pharmacies, also offer prescription drug discount or |
18 | | coverage programs. |
19 | | (6) Many seniors are unaware of the myriad of public and |
20 | | private programs available to them. |
21 | | (7) Establishing a pharmaceutical clearinghouse with a |
22 | | toll-free hot-line and local outreach workers will educate |
23 | | seniors about the vast array of options available to them and |
24 | | enable seniors to make an educated and informed choice that is |
25 | | best for them. |
26 | | (8) Estimates indicate that almost one-third of senior |
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1 | | citizens lack prescription drug coverage. The federal |
2 | | government, states, and the pharmaceutical industry each have |
3 | | a role in helping these uninsured seniors gain access to |
4 | | life-saving medications. |
5 | | (9) The State of Illinois has recognized its obligation to |
6 | | assist Illinois' neediest seniors in purchasing prescription |
7 | | medications, and it is now time for pharmaceutical |
8 | | manufacturers to recognize their obligation to make their |
9 | | medications affordable to seniors. |
10 | | (Source: P.A. 99-143, eff. 7-27-15.) |
11 | | Section 55. The Illinois Vehicle Code is amended by |
12 | | changing Sections 3-609, 3-626, 3-667, 3-806.3, and 11-1301.2 |
13 | | as follows: |
14 | | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) |
15 | | Sec. 3-609. Plates for veterans with disabilities. |
16 | | (a) Any veteran who holds proof of a service-connected |
17 | | disability from the United States Department of Veterans |
18 | | Affairs, and who has obtained certification from a licensed |
19 | | physician, physician assistant, or advanced practice |
20 | | registered nurse that the service-connected disability |
21 | | qualifies the veteran for issuance of registration plates or |
22 | | digital registration plates or decals to a person with |
23 | | disabilities in accordance with Section 3-616, may, without |
24 | | the payment of any registration fee, make application to the |
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1 | | Secretary of State for license plates for veterans with |
2 | | disabilities displaying the international symbol of access, |
3 | | for the registration of one motor vehicle of the first |
4 | | division, one motorcycle, or one motor vehicle of the second |
5 | | division weighing not more than 8,000 pounds. |
6 | | (b) Any veteran who holds proof of a service-connected |
7 | | disability from the United States Department of Veterans |
8 | | Affairs, and whose degree of disability has been declared to |
9 | | be 50% or more, but whose disability does not qualify the |
10 | | veteran for a plate or decal for persons with disabilities |
11 | | under Section 3-616, may, without the payment of any |
12 | | registration fee, make application to the Secretary for a |
13 | | special registration plate or digital registration plate |
14 | | without the international symbol of access for the |
15 | | registration of one motor vehicle of the first division, one |
16 | | motorcycle, or one motor vehicle of the second division |
17 | | weighing not more than 8,000 pounds. |
18 | | (c) Renewal of such registration must be accompanied with |
19 | | documentation for eligibility of registration without fee |
20 | | unless the applicant has a permanent qualifying disability, |
21 | | and such registration plates or digital registration plates |
22 | | may not be issued to any person not eligible therefor. The |
23 | | Illinois Department of Veterans' Affairs may assist in |
24 | | providing the documentation of disability. |
25 | | (d) The design and color of the plates shall be within the |
26 | | discretion of the Secretary, except that the plates issued |
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1 | | under subsection (b) of this Section shall not contain the |
2 | | international symbol of access. The Secretary may, in his or |
3 | | her discretion, allow the plates to be issued as vanity or |
4 | | personalized plates in accordance with Section 3-405.1 of this |
5 | | Code. Registration shall be for a multi-year period and may be |
6 | | issued staggered registration. |
7 | | (e) Any person eligible to receive license plates under |
8 | | this Section who has been approved for benefits under the |
9 | | Benefits Access Program administered under Section 4.15 of the |
10 | | Illinois Act on the Aging Senior Citizens and Persons with |
11 | | Disabilities Property Tax Relief Act, or who has claimed and |
12 | | received a grant under that Act, shall pay a fee of $24 instead |
13 | | of the fee otherwise provided in this Code for passenger cars |
14 | | displaying standard multi-year registration plates or digital |
15 | | registration plates issued under Section 3-414.1, for motor |
16 | | vehicles registered at 8,000 pounds or less under Section |
17 | | 3-815(a), or for recreational vehicles registered at 8,000 |
18 | | pounds or less under Section 3-815(b), for a second set of |
19 | | plates under this Section. |
20 | | (f) With respect to the supporting documentation required |
21 | | to obtain a plate under this Section, the Secretary shall |
22 | | allow an applicant to redact information on the documentation |
23 | | that pertains to the nature of the applicant's health issue, |
24 | | unless that information is necessary to confirm that the |
25 | | applicant's disability is service-connected or to establish |
26 | | the degree of the applicant's service-connected disability. |
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1 | | (Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; |
2 | | 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.) |
3 | | (625 ILCS 5/3-626) |
4 | | Sec. 3-626. Korean War Veteran license plates. |
5 | | (a) In addition to any other special license plate, the |
6 | | Secretary, upon receipt of all applicable fees and |
7 | | applications made in the form prescribed by the Secretary of |
8 | | State, may issue special registration plates designated as |
9 | | Korean War Veteran license plates to residents of Illinois who |
10 | | participated in the United States Armed Forces during the |
11 | | Korean War. The special plate issued under this Section shall |
12 | | be affixed only to passenger vehicles of the first division, |
13 | | motorcycles, motor vehicles of the second division weighing |
14 | | not more than 8,000 pounds, and recreational vehicles as |
15 | | defined by Section 1-169 of this Code. Plates issued under |
16 | | this Section shall expire according to the staggered |
17 | | multi-year procedure established by Section 3-414.1 of this |
18 | | Code. |
19 | | (b) The design, color, and format of the plates shall be |
20 | | wholly within the discretion of the Secretary of State. The |
21 | | Secretary may, in his or her discretion, allow the plates to be |
22 | | issued as vanity plates or personalized in accordance with |
23 | | Section 3-405.1 of this Code. The plates are not required to |
24 | | designate "Land Of Lincoln", as prescribed in subsection (b) |
25 | | of Section 3-412 of this Code. The Secretary shall prescribe |
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1 | | the eligibility requirements and, in his or her discretion, |
2 | | shall approve and prescribe stickers or decals as provided |
3 | | under Section 3-412. |
4 | | (c) (Blank). |
5 | | (d) (Blank). |
6 | | (e) An individual who has been issued Korean War Veteran |
7 | | license plates for a vehicle and who has been approved for |
8 | | benefits under the Benefits Access Program administered under |
9 | | Section 4.15 of the Illinois Act on the Aging Senior Citizens |
10 | | and Persons with Disabilities Property Tax Relief Act shall |
11 | | pay the original issuance and the regular annual fee for the |
12 | | registration of the vehicle as provided in Section 3-806.3 of |
13 | | this Code. |
14 | | (Source: P.A. 103-8, eff. 6-7-23; 103-616, eff. 7-1-24.) |
15 | | (625 ILCS 5/3-667) |
16 | | Sec. 3-667. Korean Service license plates. |
17 | | (a) In addition to any other special license plate, the |
18 | | Secretary, upon receipt of all applicable fees and |
19 | | applications made in the form prescribed by the Secretary of |
20 | | State, may issue special registration plates designated as |
21 | | Korean Service license plates to residents of Illinois who, on |
22 | | or after July 27, 1954, participated in the United States |
23 | | Armed Forces in Korea. The special plate issued under this |
24 | | Section shall be affixed only to passenger vehicles of the |
25 | | first division, motorcycles, motor vehicles of the second |
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1 | | division weighing not more than 8,000 pounds, and recreational |
2 | | vehicles as defined by Section 1-169 of this Code. Plates |
3 | | issued under this Section shall expire according to the |
4 | | staggered multi-year procedure established by Section 3-414.1 |
5 | | of this Code. |
6 | | (b) The design, color, and format of the plates shall be |
7 | | wholly within the discretion of the Secretary of State. The |
8 | | Secretary may, in his or her discretion, allow the plates to be |
9 | | issued as vanity or personalized plates in accordance with |
10 | | Section 3-405.1 of this Code. The plates are not required to |
11 | | designate "Land of Lincoln", as prescribed in subsection (b) |
12 | | of Section 3-412 of this Code. The Secretary shall prescribe |
13 | | the eligibility requirements and, in his or her discretion, |
14 | | shall approve and prescribe stickers or decals as provided |
15 | | under Section 3-412. |
16 | | (c) (Blank). |
17 | | (d) An individual who has been issued Korean Service |
18 | | license plates for a vehicle and who has been approved for |
19 | | benefits under the Benefits Access Program administered under |
20 | | Section 4.15 of the Illinois Act on the Aging Senior Citizens |
21 | | and Persons with Disabilities Property Tax Relief Act shall |
22 | | pay the original issuance and the regular annual fee for the |
23 | | registration of the vehicle as provided in Section 3-806.3 of |
24 | | this Code in addition to the fees specified in subsection (c) |
25 | | of this Section. |
26 | | (Source: P.A. 103-8, eff. 6-7-23.) |
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1 | | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3) |
2 | | Sec. 3-806.3. Senior citizens. Commencing with the 2025 |
3 | | 2009 registration year, the registration fee paid by any |
4 | | vehicle owner who has been approved for benefits under the |
5 | | Benefits Access Program administered under Section 4.15 of the |
6 | | Illinois Act on the Aging the Senior Citizens and Persons with |
7 | | Disabilities Property Tax Relief Act or who is the spouse of |
8 | | such a person shall be $10 instead of the fee otherwise |
9 | | provided in this Code for passenger cars displaying standard |
10 | | multi-year registration plates or digital registration plates |
11 | | issued under Section 3-414.1, motor vehicles displaying |
12 | | special registration plates or digital registration plates |
13 | | issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623, |
14 | | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
15 | | 3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at |
16 | | 8,000 pounds or less under Section 3-815(a), and recreational |
17 | | vehicles registered at 8,000 pounds or less under Section |
18 | | 3-815(b). Widows and widowers of claimants shall also be |
19 | | entitled to this reduced registration fee for the registration |
20 | | year in which the claimant was eligible. |
21 | | Commencing with the 2009 registration year, the |
22 | | registration fee paid by any vehicle owner who has claimed and |
23 | | received a grant under the Senior Citizens and Persons with |
24 | | Disabilities Property Tax Relief Act or who is the spouse of |
25 | | such a person shall be $10 instead of the fee otherwise |
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1 | | provided in this Code for passenger cars displaying standard |
2 | | multi-year registration plates or digital registration plates |
3 | | issued under Section 3-414.1, motor vehicles displaying |
4 | | special registration plates or digital registration plates |
5 | | issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623, |
6 | | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
7 | | 3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at |
8 | | 8,000 pounds or less under Section 3-815(a), and recreational |
9 | | vehicles registered at 8,000 pounds or less under Section |
10 | | 3-815(b). Widows and widowers of claimants shall also be |
11 | | entitled to this reduced registration fee for the registration |
12 | | year in which the claimant was eligible. |
13 | | Commencing with the 2017 registration year, the reduced |
14 | | fee under this Section shall apply to any special registration |
15 | | plate or digital registration plate authorized in Article VI |
16 | | of Chapter 3 of this Code for which the applicant would |
17 | | otherwise be eligible. |
18 | | Surcharges for vehicle registrations under Section 3-806 |
19 | | of this Code shall not be collected from any vehicle owner who |
20 | | has been approved for benefits under the Benefits Access |
21 | | Program administered under Section 4.15 of the Illinois Act on |
22 | | the Aging the Senior Citizens and Disabled Persons Property |
23 | | Tax Relief Act or a person who is the spouse of such a person. |
24 | | No more than one reduced registration fee under this |
25 | | Section shall be allowed during any 12-month period based on |
26 | | the primary eligibility of any individual, whether such |
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1 | | reduced registration fee is allowed to the individual or to |
2 | | the spouse, widow or widower of such individual. This Section |
3 | | does not apply to the fee paid in addition to the registration |
4 | | fee for motor vehicles displaying vanity, personalized, or |
5 | | special license plates. |
6 | | (Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; |
7 | | 102-558, eff. 8-20-21; 102-807, eff. 1-1-23 .) |
8 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) |
9 | | Sec. 11-1301.2. Special decals for parking; persons with |
10 | | disabilities. |
11 | | (a) The Secretary of State shall provide for, by |
12 | | administrative rules, the design, size, color, and placement |
13 | | of a person with disabilities motorist decal or device and |
14 | | shall provide for, by administrative rules, the content and |
15 | | form of an application for a person with disabilities motorist |
16 | | decal or device, which shall be used by local authorities in |
17 | | the issuance thereof to a person with temporary disabilities, |
18 | | provided that the decal or device is valid for no more than 90 |
19 | | days, subject to renewal for like periods based upon continued |
20 | | disability, and further provided that the decal or device |
21 | | clearly sets forth the date that the decal or device expires. |
22 | | The application shall include the requirement of an Illinois |
23 | | Identification Card number or a State of Illinois driver's |
24 | | license number or, if the applicant does not have an |
25 | | identification card or driver's license number, then the |
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1 | | applicant may use a valid identification number issued by a |
2 | | branch of the U.S. military or a federally issued Medicare or |
3 | | Medicaid identification number. This decal or device may be |
4 | | used by the authorized holder to designate and identify a |
5 | | vehicle not owned or displaying a registration plate or |
6 | | digital registration plate as provided in Sections 3-609 and |
7 | | 3-616 of this Act to designate when the vehicle is being used |
8 | | to transport said person or persons with disabilities, and |
9 | | thus is entitled to enjoy all the privileges that would be |
10 | | afforded a person with disabilities licensed vehicle. Person |
11 | | with disabilities decals or devices issued and displayed |
12 | | pursuant to this Section shall be recognized and honored by |
13 | | all local authorities regardless of which local authority |
14 | | issued such decal or device. |
15 | | The decal or device shall be issued only upon a showing by |
16 | | adequate documentation that the person for whose benefit the |
17 | | decal or device is to be used has a disability as defined in |
18 | | Section 1-159.1 of this Code and the disability is temporary. |
19 | | (a-5) The Secretary may provide a disabilities motorist |
20 | | decal or device to an expectant mother during her third |
21 | | trimester. An application under this subsection is subject to |
22 | | application requirements under subsection (a). The decal or |
23 | | device shall be valid for no more than 90 days, and shall |
24 | | clearly set forth the date that the decal or device expires. |
25 | | The decal or device shall be issued only upon a showing by |
26 | | adequate documentation that the expectant mother has entered |
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1 | | her third trimester. |
2 | | (b) The local governing authorities shall be responsible |
3 | | for the provision of such decal or device, its issuance and |
4 | | designated placement within the vehicle. The cost of such |
5 | | decal or device shall be at the discretion of such local |
6 | | governing authority. |
7 | | (c) The Secretary of State may, pursuant to Section |
8 | | 3-616(c), issue a person with disabilities parking decal or |
9 | | device to a person with disabilities as defined by Section |
10 | | 1-159.1. Any person with disabilities parking decal or device |
11 | | issued by the Secretary of State shall be registered to that |
12 | | person with disabilities in the form to be prescribed by the |
13 | | Secretary of State. The person with disabilities parking decal |
14 | | or device shall not display that person's address. One |
15 | | additional decal or device may be issued to an applicant upon |
16 | | his or her written request and with the approval of the |
17 | | Secretary of State. The written request must include a |
18 | | justification of the need for the additional decal or device. |
19 | | (c-5) Beginning January 1, 2014, the Secretary shall |
20 | | provide by administrative rule for the issuance of a separate |
21 | | and distinct parking decal or device for persons with |
22 | | disabilities as defined by Section 1-159.1 of this Code and |
23 | | who meet the qualifications under this subsection. The |
24 | | authorized holder of a decal or device issued under this |
25 | | subsection (c-5) shall be exempt from the payment of fees |
26 | | generated by parking in a metered space, a parking area |
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1 | | subject to paragraph (10) of subsection (a) of Section 11-209 |
2 | | of this Code, or a publicly owned parking area. |
3 | | The Secretary shall issue a meter-exempt decal or device |
4 | | to a person with disabilities who: (i) has been issued |
5 | | registration plates or digital registration plates under |
6 | | subsection (a) of Section 3-609 or Section 3-616 of this Code |
7 | | or a special decal or device under this Section, (ii) holds a |
8 | | valid Illinois driver's license, and (iii) is unable to do one |
9 | | or more of the following: |
10 | | (1) manage, manipulate, or insert coins, or obtain |
11 | | tickets or tokens in parking meters or ticket machines in |
12 | | parking lots, due to the lack of fine motor control of both |
13 | | hands; |
14 | | (2) reach above his or her head to a height of 42 |
15 | | inches from the ground, due to a lack of finger, hand, or |
16 | | upper extremity strength or mobility; |
17 | | (3) approach a parking meter due to his or her use of a |
18 | | wheelchair or other device for mobility; or |
19 | | (4) walk more than 20 feet due to an orthopedic, |
20 | | neurological, cardiovascular, or lung condition in which |
21 | | the degree of debilitation is so severe that it almost |
22 | | completely impedes the ability to walk. |
23 | | The application for a meter-exempt parking decal or device |
24 | | shall contain a statement certified by a licensed physician, |
25 | | physician assistant, or advanced practice registered nurse |
26 | | attesting to the permanent nature of the applicant's condition |
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1 | | and verifying that the applicant meets the physical |
2 | | qualifications specified in this subsection (c-5). |
3 | | Notwithstanding the requirements of this subsection (c-5), |
4 | | the Secretary shall issue a meter-exempt decal or device to a |
5 | | person who has been issued registration plates or digital |
6 | | registration plates under Section 3-616 of this Code or a |
7 | | special decal or device under this Section, if the applicant |
8 | | is the parent or guardian of a person with disabilities who is |
9 | | under 18 years of age and incapable of driving. |
10 | | (d) Replacement decals or devices may be issued for lost, |
11 | | stolen, or destroyed decals upon application and payment of a |
12 | | $10 fee. The replacement fee may be waived for individuals who |
13 | | that have received benefits under the Benefits Access Program |
14 | | administered under Section 4.15 of the Illinois Act on the |
15 | | Aging claimed and received a grant under the Senior Citizens |
16 | | and Persons with Disabilities Property Tax Relief Act . |
17 | | (e) A person classified as a veteran under subsection (e) |
18 | | of Section 6-106 of this Code that has been issued a decal or |
19 | | device under this Section shall not be required to submit |
20 | | evidence of disability in order to renew that decal or device |
21 | | if, at the time of initial application, he or she submitted |
22 | | evidence from his or her physician or the Department of |
23 | | Veterans' Affairs that the disability is of a permanent |
24 | | nature. However, the Secretary shall take reasonable steps to |
25 | | ensure the veteran still resides in this State at the time of |
26 | | the renewal. These steps may include requiring the veteran to |
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1 | | provide additional documentation or to appear at a Secretary |
2 | | of State facility. To identify veterans who are eligible for |
3 | | this exemption, the Secretary shall compare the list of the |
4 | | persons who have been issued a decal or device to the list of |
5 | | persons who have been issued a vehicle registration plate or |
6 | | digital registration plate for veterans with disabilities |
7 | | under Section 3-609 of this Code, or who are identified as a |
8 | | veteran on their driver's license under Section 6-110 of this |
9 | | Code or on their identification card under Section 4 of the |
10 | | Illinois Identification Card Act. |
11 | | (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22 .) |
12 | | (320 ILCS 25/Act rep.) |
13 | | Section 60. The Senior Citizens and Persons with |
14 | | Disabilities Property Tax Relief Act is repealed. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 105/3.07 | from Ch. 23, par. 6103.07 | | 4 | | 20 ILCS 105/3.08 | from Ch. 23, par. 6103.08 | | 5 | | 20 ILCS 105/3.11 | | | 6 | | 20 ILCS 105/4.01 | | | 7 | | 20 ILCS 105/4.02 | | | 8 | | 20 ILCS 105/4.15 | | | 9 | | 35 ILCS 515/7 | from Ch. 120, par. 1207 | | 10 | | 70 ILCS 3605/51 | | | 11 | | 70 ILCS 3605/52 | | | 12 | | 70 ILCS 3610/8.6 | | | 13 | | 70 ILCS 3610/8.7 | | | 14 | | 70 ILCS 3615/3A.15 | | | 15 | | 70 ILCS 3615/3A.16 | | | 16 | | 70 ILCS 3615/3B.14 | | | 17 | | 70 ILCS 3615/3B.15 | | | 18 | | 110 ILCS 990/1 | from Ch. 144, par. 1801 | | 19 | | 305 ILCS 5/4-1.6 | from Ch. 23, par. 4-1.6 | | 20 | | 305 ILCS 5/4-2 | from Ch. 23, par. 4-2 | | 21 | | 305 ILCS 5/6-1.2 | from Ch. 23, par. 6-1.2 | | 22 | | 305 ILCS 5/6-2 | from Ch. 23, par. 6-2 | | 23 | | 320 ILCS 30/8 | from Ch. 67 1/2, par. 458 | | 24 | | 320 ILCS 42/35 | | | 25 | | 320 ILCS 50/5 | | |
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| 1 | | 625 ILCS 5/3-609 | from Ch. 95 1/2, par. 3-609 | | 2 | | 625 ILCS 5/3-626 | | | 3 | | 625 ILCS 5/3-667 | | | 4 | | 625 ILCS 5/3-806.3 | from Ch. 95 1/2, par. 3-806.3 | | 5 | | 625 ILCS 5/11-1301.2 | from Ch. 95 1/2, par. 11-1301.2 | | 6 | | 320 ILCS 25/Act rep. | |
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