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91_HB1308eng HB1308 Engrossed LRB9102096JMmb 1 AN ACT to amend the Illinois Act on the Aging by changing 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 Sec. 4.02. The Department shall establish a program of 9 services to prevent unnecessary institutionalization of 10 persons age 60 and older in need of long term care or who are 11 established as persons who suffer from Alzheimer's disease or 12 a related disorder under the Alzheimer's Disease Assistance 13 Act, thereby enabling them to remain in their own homes or in 14 other living arrangements. Such preventive services, which 15 may be coordinated with other programs for the aged and 16 monitored by area agencies on aging in cooperation with the 17 Department, may include, but are not limited to, any or all 18 of the following: 19 (a) home health services; 20 (b) home nursing services; 21 (c) homemaker services; 22 (d) chore and housekeeping services; 23 (e) day care services; 24 (f) home-delivered meals; 25 (g) education in self-care; 26 (h) personal care services; 27 (i) adult day health services; 28 (j) habilitation services; 29 (k) respite care;or30 (l) other nonmedical social services that may enable the 31 person to become self-supporting; or.HB1308 Engrossed -2- LRB9102096JMmb 1 (m) clearinghouse for information provided by senior 2 citizen home owners who want to rent rooms to or share living 3 space with other senior citizens. 4 The Department shall establish eligibility standards for 5 such services taking into consideration the unique economic 6 and social needs of the target population for whom they are 7 to be provided. Such eligibility standards shall be based on 8 the recipient's ability to pay for services; provided, 9 however, that in determining the amount and nature of 10 services for which a person may qualify, consideration shall 11 not be given to the value of cash, property or other assets 12 held in the name of the person's spouse pursuant to a written 13 agreement dividing marital property into equal but separate 14 shares or pursuant to a transfer of the person's interest in 15 a home to his spouse, provided that the spouse's share of the 16 marital property is not made available to the person seeking 17 such services. The Department shall, in conjunction with the 18 Department of Public Aid, seek appropriate amendments under 19 Sections 1915 and 1924 of the Social Security Act. The 20 purpose of the amendments shall be to extend eligibility for 21 home and community based services under Sections 1915 and 22 1924 of the Social Security Act to persons who transfer to or 23 for the benefit of a spouse those amounts of income and 24 resources allowed under Section 1924 of the Social Security 25 Act. Subject to the approval of such amendments, the 26 Department shall extend the provisions of Section 5-4 of the 27 Illinois Public Aid Code to persons who, but for the 28 provision of home or community-based services, would require 29 the level of care provided in an institution, as is provided 30 for in federal law. Those persons no longer found to be 31 eligible for receiving noninstitutional services due to 32 changes in the eligibility criteria shall be given 60 days 33 notice prior to actual termination. Those persons receiving 34 notice of termination may contact the Department and request HB1308 Engrossed -3- LRB9102096JMmb 1 the determination be appealed at any time during the 60 day 2 notice period. With the exception of the lengthened notice 3 and time frame for the appeal request, the appeal process 4 shall follow the normal procedure. In addition, each person 5 affected regardless of the circumstances for discontinued 6 eligibility shall be given notice and the opportunity to 7 purchase the necessary services through the Community Care 8 Program. If the individual does not elect to purchase 9 services, the Department shall advise the individual of 10 alternative services. The target population identified for 11 the purposes of this Section are persons age 60 and older 12 with an identified service need. Priority shall be given to 13 those who are at imminent risk of institutionalization. The 14 services shall be provided to eligible persons age 60 and 15 older to the extent that the cost of the services together 16 with the other personal maintenance expenses of the persons 17 are reasonably related to the standards established for care 18 in a group facility appropriate to the person's condition. 19 These non-institutional services, pilot projects or 20 experimental facilities may be provided as part of or in 21 addition to those authorized by federal law or those funded 22 and administered by the Department of Human Services. The 23 Departments of Human Services, Public Aid, Public Health, 24 Veterans' Affairs, and Commerce and Community Affairs and 25 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 HB1308 Engrossed -4- LRB9102096JMmb 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 Human 4 Services and the Department of Public Aid, to effect the 5 following: (1) intake procedures and common eligibility 6 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 HB1308 Engrossed -5- LRB9102096JMmb 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 HB1308 Engrossed -6- LRB9102096JMmb 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 Human 25 Services shall cooperate in the development and submission of 26 an annual report on programs and services provided under this 27 Section. Such joint report shall be filed with the Governor 28 and the General Assembly on or before September 30 each year. 29 The requirement for reporting to the General Assembly 30 shall be satisfied by filing copies of the report with the 31 Speaker, the Minority Leader and the Clerk of the House of 32 Representatives and the President, the Minority Leader and 33 the Secretary of the Senate and the Legislative Research 34 Unit, as required by Section 3.1 of the General Assembly HB1308 Engrossed -7- LRB9102096JMmb 1 Organization Act and filing such additional copies with the 2 State Government Report Distribution Center for the General 3 Assembly as is required under paragraph (t) of Section 7 of 4 the State Library Act. 5 Those persons previously found eligible for receiving 6 non-institutional services whose services were discontinued 7 under the Emergency Budget Act of Fiscal Year 1992, and who 8 do not meet the eligibility standards in effect on or after 9 July 1, 1992, shall remain ineligible on and after July 1, 10 1992. Those persons previously not required to cost-share 11 and who were required to cost-share effective March 1, 1992, 12 shall continue to meet cost-share requirements on and after 13 July 1, 1992. Beginning July 1, 1992, all clients will be 14 required to meet eligibility, cost-share, and other 15 requirements and will have services discontinued or altered 16 when they fail to meet these requirements. 17 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)