[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
90_HB1614
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging concerning
preventive services. Adds a caption.
LRB9004323PTcw
LRB9004323PTcw
1 AN ACT to amend the Illinois Act on the Aging by amending
2 Section 4.02.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Act on the Aging is amended by
6 changing Section 4.02 as follows:
7 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4.02. The Department shall establish a program of
10 services to prevent unnecessary institutionalization of
11 persons age 60 and older in need of long term care or who are
12 established as persons who suffer from Alzheimer's disease or
13 a related disorder under the Alzheimer's Disease Assistance
14 Act, enacted by the 84th General Assembly, thereby enabling
15 them to remain in their own homes or in other living
16 arrangements. Such preventive services, which may be
17 coordinated with other programs for the aged and monitored by
18 area agencies on aging in cooperation with the Department,
19 may include, but are not limited to, any or all of the
20 following:
21 (a) home health services;
22 (b) home nursing services;
23 (c) homemaker services;
24 (d) chore and housekeeping services;
25 (e) day care services;
26 (f) home-delivered meals;
27 (g) education in self-care;
28 (h) personal care services;
29 (i) adult day health services;
30 (j) habilitation services;
31 (k) respite care; or
-2- LRB9004323PTcw
1 (l) other nonmedical social services that may enable the
2 person to become self-supporting.
3 The Department shall establish eligibility standards for
4 such services taking into consideration the unique economic
5 and social needs of the target population for whom they are
6 to be provided. Such eligibility standards shall be based on
7 the recipient's ability to pay for services; provided,
8 however, that in determining the amount and nature of
9 services for which a person may qualify, consideration shall
10 not be given to the value of cash, property or other assets
11 held in the name of the person's spouse pursuant to a written
12 agreement dividing marital property into equal but separate
13 shares or pursuant to a transfer of the person's interest in
14 a home to his spouse, provided that the spouse's share of the
15 marital property is not made available to the person seeking
16 such services. The Department shall, in conjunction with the
17 Department of Public Aid, seek appropriate amendments under
18 Sections 1915 and 1924 of the Social Security Act. The
19 purpose of the amendments shall be to extend eligibility for
20 home and community based services under Sections 1915 and
21 1924 of the Social Security Act to persons who transfer to or
22 for the benefit of a spouse those amounts of income and
23 resources allowed under Section 1924 of the Social Security
24 Act. Subject to the approval of such amendments, the
25 Department shall extend the provisions of Section 5-4 of the
26 Illinois Public Aid Code to persons who, but for the
27 provision of home or community-based services, would require
28 the level of care provided in an institution, as is provided
29 for in federal law. Those persons no longer found to be
30 eligible for receiving noninstitutional services due to
31 changes in the eligibility criteria shall be given 60 days
32 notice prior to actual termination. Those persons receiving
33 notice of termination may contact the Department and request
34 the determination be appealed at any time during the 60 day
-3- LRB9004323PTcw
1 notice period. With the exception of the lengthened notice
2 and time frame for the appeal request, the appeal process
3 shall follow the normal procedure. In addition, each person
4 affected regardless of the circumstances for discontinued
5 eligibility shall be given notice and the opportunity to
6 purchase the necessary services through the Community Care
7 Program. If the individual does not elect to purchase
8 services, the Department shall advise the individual of
9 alternative services. The target population identified for
10 the purposes of this Section are persons age 60 and older
11 with an identified service need. Priority shall be given to
12 those who are at imminent risk of institutionalization. The
13 services shall be provided to eligible persons age 60 and
14 older to the extent that the cost of the services together
15 with the other personal maintenance expenses of the persons
16 are reasonably related to the standards established for care
17 in a group facility appropriate to the person's condition.
18 These non-institutional services, pilot projects or
19 experimental facilities may be provided as part of or in
20 addition to those authorized by federal law or those funded
21 and administered by the Department of Rehabilitation
22 Services. The Departments of Rehabilitation Services, Public
23 Aid, Mental Health and Developmental Disabilities, Public
24 Health, Veterans' Affairs, and Commerce and Community Affairs
25 and other appropriate agencies of State, federal and local
26 governments shall cooperate with the Department on Aging in
27 the establishment and development of the non-institutional
28 services. The Department shall require an annual audit from
29 all chore/housekeeping and homemaker vendors contracting with
30 the Department under this Section. The annual audit shall
31 assure that each audited vendor's procedures are in
32 compliance with Department's financial reporting guidelines
33 requiring a 27% administrative cost split and a 73% employee
34 wages and benefits cost split. The audit is a public record
-4- LRB9004323PTcw
1 under the Freedom of Information Act. The Department shall
2 execute, relative to the nursing home prescreening project,
3 written inter-agency agreements with the Department of
4 Rehabilitation Services and the Department of Public Aid, to
5 effect the following: (1) intake procedures and common
6 eligibility criteria for those persons who are receiving
7 non-institutional services; and (2) the establishment and
8 development of non-institutional services in areas of the
9 State where they are not currently available or are
10 undeveloped. On and after July 1, 1996, all nursing home
11 prescreenings for individuals 60 years of age or older shall
12 be conducted by the Department.
13 The Department is authorized to establish a system of
14 recipient copayment for services provided under this Section,
15 such copayment to be based upon the recipient's ability to
16 pay but in no case to exceed the actual cost of the services
17 provided. Additionally, any portion of a person's income
18 which is equal to or less than the federal poverty standard
19 shall not be considered by the Department in determining the
20 copayment. The level of such copayment shall be adjusted
21 whenever necessary to reflect any change in the officially
22 designated federal poverty standard.
23 The Department, or the Department's authorized
24 representative, shall recover the amount of moneys expended
25 for services provided to or in behalf of a person under this
26 Section by a claim against the person's estate or against the
27 estate of the person's surviving spouse, but no recovery may
28 be had until after the death of the surviving spouse, if any,
29 and then only at such time when there is no surviving child
30 who is under age 21, blind, or permanently and totally
31 disabled. This paragraph, however, shall not bar recovery,
32 at the death of the person, of moneys for services provided
33 to the person or in behalf of the person under this Section
34 to which the person was not entitled; provided that such
-5- LRB9004323PTcw
1 recovery shall not be enforced against any real estate while
2 it is occupied as a homestead by the surviving spouse or
3 other dependent, if no claims by other creditors have been
4 filed against the estate, or, if such claims have been filed,
5 they remain dormant for failure of prosecution or failure of
6 the claimant to compel administration of the estate for the
7 purpose of payment. This paragraph shall not bar recovery
8 from the estate of a spouse, under Sections 1915 and 1924 of
9 the Social Security Act and Section 5-4 of the Illinois
10 Public Aid Code, who precedes a person receiving services
11 under this Section in death. All moneys for services paid to
12 or in behalf of the person under this Section shall be
13 claimed for recovery from the deceased spouse's estate.
14 "Homestead", as used in this paragraph, means the dwelling
15 house and contiguous real estate occupied by a surviving
16 spouse or relative, as defined by the rules and regulations
17 of the Illinois Department of Public Aid, regardless of the
18 value of the property.
19 The Department shall develop procedures to enhance
20 availability of services on evenings, weekends, and on an
21 emergency basis to meet the respite needs of caregivers.
22 Procedures shall be developed to permit the utilization of
23 services in successive blocks of 24 hours up to the monthly
24 maximum established by the Department. Workers providing
25 these services shall be appropriately trained.
26 The Department shall work in conjunction with the
27 Alzheimer's Task Force and members of the Alzheimer's
28 Association and other senior citizens' organizations in
29 developing these procedures by December 30, 1991.
30 Beginning on the effective date of this Amendatory Act of
31 1991, no person may perform chore/housekeeping and homemaker
32 services under a program authorized by this Section unless
33 that person has been issued a certificate of pre-service to
34 do so by his or her employing agency. Information gathered
-6- LRB9004323PTcw
1 to effect such certification shall include (i) the person's
2 name, (ii) the date the person was hired by his or her
3 current employer, and (iii) the training, including dates and
4 levels. Persons engaged in the program authorized by this
5 Section before the effective date of this Amendatory Act of
6 1991 shall be issued a certificate of all pre- and in-service
7 training from his or her employer upon submitting the
8 necessary information. The employing agency shall be
9 required to retain records of all staff pre- and in-service
10 training, and shall provide such records to the Department
11 upon request and upon termination of the employer's contract
12 with the Department. In addition, the employing agency is
13 responsible for the issuance of certifications of in-service
14 training completed to their employees.
15 The Department is required to develop a system to ensure
16 that persons working as homemakers and chore housekeepers
17 receive increases in their wages when the federal minimum
18 wage is increased by requiring vendors to certify that they
19 are meeting the federal minimum wage statute for homemakers
20 and chore housekeepers. An employer that cannot ensure that
21 the minimum wage increase is being given to homemakers and
22 chore housekeepers shall be denied any increase in
23 reimbursement costs.
24 The Department on Aging and the Department of
25 Rehabilitation Services shall cooperate in the development
26 and submission of an annual report on programs and services
27 provided under this Section. Such joint report shall be filed
28 with the Governor and the General Assembly on or before
29 September 30 each year.
30 The requirement for reporting to the General Assembly
31 shall be satisfied by filing copies of the report with the
32 Speaker, the Minority Leader and the Clerk of the House of
33 Representatives and the President, the Minority Leader and
34 the Secretary of the Senate and the Legislative Research
-7- LRB9004323PTcw
1 Unit, as required by Section 3.1 of the General Assembly
2 Organization Act and filing such additional copies with the
3 State Government Report Distribution Center for the General
4 Assembly as is required under paragraph (t) of Section 7 of
5 the State Library Act.
6 Those persons previously found eligible for receiving
7 non-institutional services whose services were discontinued
8 under the Emergency Budget Act of Fiscal Year 1992, and who
9 do not meet the eligibility standards in effect on or after
10 July 1, 1992, shall remain ineligible on and after July 1,
11 1992. Those persons previously not required to cost-share
12 and who were required to cost-share effective March 1, 1992,
13 shall continue to meet cost-share requirements on and after
14 July 1, 1992. Beginning July 1, 1992, all clients will be
15 required to meet eligibility, cost-share, and other
16 requirements and will have services discontinued or altered
17 when they fail to meet these requirements.
18 (Source: P.A. 89-21, eff. 7-1-95.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 4.02. Preventive services. The Department shall
21 establish a program of services to prevent unnecessary
22 institutionalization of persons age 60 and older in need of
23 long term care or who are established as persons who suffer
24 from Alzheimer's disease or a related disorder under the
25 Alzheimer's Disease Assistance Act, thereby enabling them to
26 remain in their own homes or in other living arrangements.
27 Such preventive services, which may be coordinated with other
28 programs for the aged and monitored by area agencies on aging
29 in cooperation with the Department, may include, but are not
30 limited to, any or all of the following:
31 (a) home health services;
32 (b) home nursing services;
33 (c) homemaker services;
34 (d) chore and housekeeping services;
-8- LRB9004323PTcw
1 (e) day care services;
2 (f) home-delivered meals;
3 (g) education in self-care;
4 (h) personal care services;
5 (i) adult day health services;
6 (j) habilitation services;
7 (k) respite care; or
8 (l) other nonmedical social services that may enable the
9 person to become self-supporting.
10 The Department shall establish eligibility standards for
11 such services taking into consideration the unique economic
12 and social needs of the target population for whom they are
13 to be provided. Such eligibility standards shall be based on
14 the recipient's ability to pay for services; provided,
15 however, that in determining the amount and nature of
16 services for which a person may qualify, consideration shall
17 not be given to the value of cash, property or other assets
18 held in the name of the person's spouse pursuant to a written
19 agreement dividing marital property into equal but separate
20 shares or pursuant to a transfer of the person's interest in
21 a home to his spouse, provided that the spouse's share of the
22 marital property is not made available to the person seeking
23 such services. The Department shall, in conjunction with the
24 Department of Public Aid, seek appropriate amendments under
25 Sections 1915 and 1924 of the Social Security Act. The
26 purpose of the amendments shall be to extend eligibility for
27 home and community based services under Sections 1915 and
28 1924 of the Social Security Act to persons who transfer to or
29 for the benefit of a spouse those amounts of income and
30 resources allowed under Section 1924 of the Social Security
31 Act. Subject to the approval of such amendments, the
32 Department shall extend the provisions of Section 5-4 of the
33 Illinois Public Aid Code to persons who, but for the
34 provision of home or community-based services, would require
-9- LRB9004323PTcw
1 the level of care provided in an institution, as is provided
2 for in federal law. Those persons no longer found to be
3 eligible for receiving noninstitutional services due to
4 changes in the eligibility criteria shall be given 60 days
5 notice prior to actual termination. Those persons receiving
6 notice of termination may contact the Department and request
7 the determination be appealed at any time during the 60 day
8 notice period. With the exception of the lengthened notice
9 and time frame for the appeal request, the appeal process
10 shall follow the normal procedure. In addition, each person
11 affected regardless of the circumstances for discontinued
12 eligibility shall be given notice and the opportunity to
13 purchase the necessary services through the Community Care
14 Program. If the individual does not elect to purchase
15 services, the Department shall advise the individual of
16 alternative services. The target population identified for
17 the purposes of this Section are persons age 60 and older
18 with an identified service need. Priority shall be given to
19 those who are at imminent risk of institutionalization. The
20 services shall be provided to eligible persons age 60 and
21 older to the extent that the cost of the services together
22 with the other personal maintenance expenses of the persons
23 are reasonably related to the standards established for care
24 in a group facility appropriate to the person's condition.
25 These non-institutional services, pilot projects or
26 experimental facilities may be provided as part of or in
27 addition to those authorized by federal law or those funded
28 and administered by the Department of Human Services. The
29 Departments of Human Services, Public Aid, Public Health,
30 Veterans' Affairs, and Commerce and Community Affairs and
31 other appropriate agencies of State, federal and local
32 governments shall cooperate with the Department on Aging in
33 the establishment and development of the non-institutional
34 services. The Department shall require an annual audit from
-10- LRB9004323PTcw
1 all chore/housekeeping and homemaker vendors contracting with
2 the Department under this Section. The annual audit shall
3 assure that each audited vendor's procedures are in
4 compliance with Department's financial reporting guidelines
5 requiring a 27% administrative cost split and a 73% employee
6 wages and benefits cost split. The audit is a public record
7 under the Freedom of Information Act. The Department shall
8 execute, relative to the nursing home prescreening project,
9 written inter-agency agreements with the Department of Human
10 Services and the Department of Public Aid, to effect the
11 following: (1) intake procedures and common eligibility
12 criteria for those persons who are receiving
13 non-institutional services; and (2) the establishment and
14 development of non-institutional services in areas of the
15 State where they are not currently available or are
16 undeveloped. On and after July 1, 1996, all nursing home
17 prescreenings for individuals 60 years of age or older shall
18 be conducted by the Department.
19 The Department is authorized to establish a system of
20 recipient copayment for services provided under this Section,
21 such copayment to be based upon the recipient's ability to
22 pay but in no case to exceed the actual cost of the services
23 provided. Additionally, any portion of a person's income
24 which is equal to or less than the federal poverty standard
25 shall not be considered by the Department in determining the
26 copayment. The level of such copayment shall be adjusted
27 whenever necessary to reflect any change in the officially
28 designated federal poverty standard.
29 The Department, or the Department's authorized
30 representative, shall recover the amount of moneys expended
31 for services provided to or in behalf of a person under this
32 Section by a claim against the person's estate or against the
33 estate of the person's surviving spouse, but no recovery may
34 be had until after the death of the surviving spouse, if any,
-11- LRB9004323PTcw
1 and then only at such time when there is no surviving child
2 who is under age 21, blind, or permanently and totally
3 disabled. This paragraph, however, shall not bar recovery,
4 at the death of the person, of moneys for services provided
5 to the person or in behalf of the person under this Section
6 to which the person was not entitled; provided that such
7 recovery shall not be enforced against any real estate while
8 it is occupied as a homestead by the surviving spouse or
9 other dependent, if no claims by other creditors have been
10 filed against the estate, or, if such claims have been filed,
11 they remain dormant for failure of prosecution or failure of
12 the claimant to compel administration of the estate for the
13 purpose of payment. This paragraph shall not bar recovery
14 from the estate of a spouse, under Sections 1915 and 1924 of
15 the Social Security Act and Section 5-4 of the Illinois
16 Public Aid Code, who precedes a person receiving services
17 under this Section in death. All moneys for services paid to
18 or in behalf of the person under this Section shall be
19 claimed for recovery from the deceased spouse's estate.
20 "Homestead", as used in this paragraph, means the dwelling
21 house and contiguous real estate occupied by a surviving
22 spouse or relative, as defined by the rules and regulations
23 of the Illinois Department of Public Aid, regardless of the
24 value of the property.
25 The Department shall develop procedures to enhance
26 availability of services on evenings, weekends, and on an
27 emergency basis to meet the respite needs of caregivers.
28 Procedures shall be developed to permit the utilization of
29 services in successive blocks of 24 hours up to the monthly
30 maximum established by the Department. Workers providing
31 these services shall be appropriately trained.
32 The Department shall work in conjunction with the
33 Alzheimer's Task Force and members of the Alzheimer's
34 Association and other senior citizens' organizations in
-12- LRB9004323PTcw
1 developing these procedures by December 30, 1991.
2 Beginning on the effective date of this Amendatory Act of
3 1991, no person may perform chore/housekeeping and homemaker
4 services under a program authorized by this Section unless
5 that person has been issued a certificate of pre-service to
6 do so by his or her employing agency. Information gathered
7 to effect such certification shall include (i) the person's
8 name, (ii) the date the person was hired by his or her
9 current employer, and (iii) the training, including dates and
10 levels. Persons engaged in the program authorized by this
11 Section before the effective date of this amendatory Act of
12 1991 shall be issued a certificate of all pre- and in-service
13 training from his or her employer upon submitting the
14 necessary information. The employing agency shall be
15 required to retain records of all staff pre- and in-service
16 training, and shall provide such records to the Department
17 upon request and upon termination of the employer's contract
18 with the Department. In addition, the employing agency is
19 responsible for the issuance of certifications of in-service
20 training completed to their employees.
21 The Department is required to develop a system to ensure
22 that persons working as homemakers and chore housekeepers
23 receive increases in their wages when the federal minimum
24 wage is increased by requiring vendors to certify that they
25 are meeting the federal minimum wage statute for homemakers
26 and chore housekeepers. An employer that cannot ensure that
27 the minimum wage increase is being given to homemakers and
28 chore housekeepers shall be denied any increase in
29 reimbursement costs.
30 The Department on Aging and the Department of Human
31 Services shall cooperate in the development and submission of
32 an annual report on programs and services provided under this
33 Section. Such joint report shall be filed with the Governor
34 and the General Assembly on or before September 30 each year.
-13- LRB9004323PTcw
1 The requirement for reporting to the General Assembly
2 shall be satisfied by filing copies of the report with the
3 Speaker, the Minority Leader and the Clerk of the House of
4 Representatives and the President, the Minority Leader and
5 the Secretary of the Senate and the Legislative Research
6 Unit, as required by Section 3.1 of the General Assembly
7 Organization Act and filing such additional copies with the
8 State Government Report Distribution Center for the General
9 Assembly as is required under paragraph (t) of Section 7 of
10 the State Library Act.
11 Those persons previously found eligible for receiving
12 non-institutional services whose services were discontinued
13 under the Emergency Budget Act of Fiscal Year 1992, and who
14 do not meet the eligibility standards in effect on or after
15 July 1, 1992, shall remain ineligible on and after July 1,
16 1992. Those persons previously not required to cost-share
17 and who were required to cost-share effective March 1, 1992,
18 shall continue to meet cost-share requirements on and after
19 July 1, 1992. Beginning July 1, 1992, all clients will be
20 required to meet eligibility, cost-share, and other
21 requirements and will have services discontinued or altered
22 when they fail to meet these requirements.
23 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.