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91_HB1797
LRB9102172PTpk
1 AN ACT to amend the Disabled Persons Rehabilitation Act
2 by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Disabled Persons Rehabilitation Act is
6 amended by changing Section 3 as follows:
7 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
8 Sec. 3. Powers and duties. The Department shall have the
9 powers and duties enumerated herein:
10 (a) To co-operate with the federal government in the
11 administration of the provisions of the federal
12 Rehabilitation Act of 1973, as amended, and of the federal
13 Social Security Act to the extent and in the manner provided
14 in these Acts.
15 (b) To prescribe and supervise such courses of
16 vocational training and provide such other services as may be
17 necessary for the habilitation and rehabilitation of persons
18 with one or more disabilities, including the administrative
19 activities under subsection (e) of this Section, and to
20 co-operate with State and local school authorities and other
21 recognized agencies engaged in habilitation, rehabilitation
22 and comprehensive rehabilitation services; and to cooperate
23 with the Department of Children and Family Services regarding
24 the care and education of children with one or more
25 disabilities.
26 (c) To make such reports and submit such plans to the
27 federal government as are required by the provisions of the
28 federal Rehabilitation Act of 1973, as amended, and by the
29 rules and regulations of the federal agency or agencies
30 administering the federal Rehabilitation Act of 1973, as
31 amended, and the federal Social Security Act.
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1 (d) To report in writing, to the Governor, annually on
2 or before the first day of December, and at such other times
3 and in such manner and upon such subjects as the Governor may
4 require. The annual report shall contain (1) a statement of
5 the existing condition of comprehensive rehabilitation
6 services, habilitation and rehabilitation in the State; (2) a
7 statement of suggestions and recommendations with reference
8 to the development of comprehensive rehabilitation services,
9 habilitation and rehabilitation in the State; and (3) an
10 itemized statement of the amounts of money received from
11 federal, State and other sources, and of the objects and
12 purposes to which the respective items of these several
13 amounts have been devoted.
14 (e) To exercise, pursuant to Section 13 of this Act,
15 executive and administrative supervision over all
16 institutions, divisions, programs and services now existing
17 or hereafter acquired or created under the jurisdiction of
18 the Department, including, but not limited to, the following:
19 The Illinois School for the Visually Impaired at
20 Jacksonville, as provided under Section 10 of this Act,
21 The Illinois School for the Deaf at Jacksonville, as
22 provided under Section 10 of this Act, and
23 The Illinois Center for Rehabilitation and Education, as
24 provided under Section 11 of this Act.
25 (f) To establish a program of services to prevent
26 unnecessary institutionalization of persons with Alzheimer's
27 disease and related disorders or persons in need of long term
28 care who are established as blind or disabled as defined by
29 the Social Security Act, thereby enabling them to remain in
30 their own homes or other living arrangements. Such preventive
31 services may include, but are not limited to, any or all of
32 the following:
33 (1) home health services;
34 (2) home nursing services;
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1 (3) homemaker services;
2 (4) chore and housekeeping services;
3 (5) day care services;
4 (6) home-delivered meals;
5 (7) education in self-care;
6 (8) personal care services;
7 (9) adult day health services;
8 (10) habilitation services;
9 (11) respite care; or
10 (12) other nonmedical social services that may
11 enable the person to become self-supporting.
12 The Department shall establish eligibility standards for
13 such services taking into consideration the unique economic
14 and social needs of the population for whom they are to be
15 provided. Such eligibility standards may be based on the
16 recipient's ability to pay for services; provided, however,
17 that any portion of a person's income that is equal to or
18 less than the "protected income" level shall not be
19 considered by the Department in determining eligibility. The
20 "protected income" level shall be determined by the
21 Department, shall never be less than the federal poverty
22 standard, and shall be adjusted each year to reflect changes
23 in the Consumer Price Index For All Urban Consumers as
24 determined by the United States Department of Labor.
25 Additionally, in determining the amount and nature of
26 services for which a person may qualify, consideration shall
27 not be given to the value of cash, property or other assets
28 held in the name of the person's spouse pursuant to a written
29 agreement dividing marital property into equal but separate
30 shares or pursuant to a transfer of the person's interest in
31 a home to his spouse, provided that the spouse's share of the
32 marital property is not made available to the person seeking
33 such services.
34 The services shall be provided to eligible persons to
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1 prevent unnecessary or premature institutionalization, to the
2 extent that the cost of the services, together with the other
3 personal maintenance expenses of the persons, are reasonably
4 related to the standards established for care in a group
5 facility appropriate to their condition. These
6 non-institutional services, pilot projects or experimental
7 facilities may be provided as part of or in addition to those
8 authorized by federal law or those funded and administered by
9 the Illinois Department on Aging.
10 Personal care attendants shall be paid:
11 (i) A $5 per hour minimum rate beginning July 1,
12 1995.
13 (ii) A $5.30 per hour minimum rate beginning July
14 1, 1997.
15 (iii) A $5.40 per hour minimum rate beginning July
16 1, 1998.
17 The legislature has found that it would serve the public
18 interest for the personal assistants providing services under
19 the Department's Home Services Program to be represented and
20 be able to voice their demands and grievances through their
21 representative to the Department. Where an organization is
22 chosen by a majority of personal assistants as the exclusive
23 representative of all personal assistants providing services
24 under the Department's Home Services Program, the Department
25 shall meet and confer with that exclusive representative in a
26 good faith effort to resolve grievances concerning the Home
27 Services Program and shall reduce any resulting agreements to
28 writing. The written agreements may contain a provision
29 requiring that all personal assistants pay their
30 proportionate share of the costs of that representation.
31 After a majority of the personal assistants have selected an
32 organization as the exclusive representative of personal
33 assistants, the Department shall continue to meet and confer
34 with that organization as the exclusive representative unless
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1 it has a good faith doubt about whether a majority of
2 personal assistants wish to be represented by the
3 organization. Nothing in this paragraph shall be understood
4 to limit the right of the persons receiving services defined
5 in this subsection to hire, fire, and supervise personal
6 assistants. The State of Illinois shall not be considered
7 the employer of personal assistants for any purposes,
8 including but not limited to vicarious liability in tort, for
9 purposes of statutory retirement benefits, or for purposes of
10 any other statutorily mandated employment benefits.
11 The Department shall execute, relative to the nursing
12 home prescreening project, as authorized by Section 4.03 of
13 the Illinois Act on the Aging, written inter-agency
14 agreements with the Department on Aging and the Department of
15 Public Aid, to effect the following: (i) intake procedures
16 and common eligibility criteria for those persons who are
17 receiving non-institutional services; and (ii) the
18 establishment and development of non-institutional services
19 in areas of the State where they are not currently available
20 or are undeveloped. On and after July 1, 1996, all nursing
21 home prescreenings for individuals 18 through 59 years of age
22 shall be conducted by the Department.
23 The Department is authorized to establish a system of
24 recipient cost-sharing for services provided under this
25 Section. The cost-sharing shall be based upon the
26 recipient's ability to pay for services, but in no case shall
27 the recipient's share exceed the actual cost of the services
28 provided. Protected income shall not be considered by the
29 Department in its determination of the recipient's ability to
30 pay a share of the cost of services. The level of
31 cost-sharing shall be adjusted each year to reflect changes
32 in the "protected income" level. The Department shall deduct
33 from the recipient's share of the cost of services any money
34 expended by the recipient for disability-related expenses.
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1 The Department, or the Department's authorized
2 representative, shall recover the amount of moneys expended
3 for services provided to or in behalf of a person under this
4 Section by a claim against the person's estate or against the
5 estate of the person's surviving spouse, but no recovery may
6 be had until after the death of the surviving spouse, if any,
7 and then only at such time when there is no surviving child
8 who is under age 21, blind, or permanently and totally
9 disabled. This paragraph, however, shall not bar recovery,
10 at the death of the person, of moneys for services provided
11 to the person or in behalf of the person under this Section
12 to which the person was not entitled; provided that such
13 recovery shall not be enforced against any real estate while
14 it is occupied as a homestead by the surviving spouse or
15 other dependent, if no claims by other creditors have been
16 filed against the estate, or, if such claims have been filed,
17 they remain dormant for failure of prosecution or failure of
18 the claimant to compel administration of the estate for the
19 purpose of payment. This paragraph shall not bar recovery
20 from the estate of a spouse, under Sections 1915 and 1924 of
21 the Social Security Act and Section 5-4 of the Illinois
22 Public Aid Code, who precedes a person receiving services
23 under this Section in death. All moneys for services paid to
24 or in behalf of the person under this Section shall be
25 claimed for recovery from the deceased spouse's estate.
26 "Homestead", as used in this paragraph, means the dwelling
27 house and contiguous real estate occupied by a surviving
28 spouse or relative, as defined by the rules and regulations
29 of the Illinois Department of Public Aid, regardless of the
30 value of the property.
31 The Department and the Department on Aging shall
32 cooperate in the development and submission of an annual
33 report on programs and services provided under this Section.
34 Such joint report shall be filed with the Governor and the
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1 General Assembly on or before September 30 each year.
2 The requirement for reporting to the General Assembly
3 shall be satisfied by filing copies of the report with the
4 Speaker, the Minority Leader and the Clerk of the House of
5 Representatives and the President, the Minority Leader and
6 the Secretary of the Senate and the Legislative Research
7 Unit, as required by Section 3.1 of the General Assembly
8 Organization Act, and filing additional copies with the State
9 Government Report Distribution Center for the General
10 Assembly as required under paragraph (t) of Section 7 of the
11 State Library Act.
12 (g) To establish such subdivisions of the Department as
13 shall be desirable and assign to the various subdivisions the
14 responsibilities and duties placed upon the Department by
15 law.
16 (h) To cooperate and enter into any necessary agreements
17 with the Department of Employment Security for the provision
18 of job placement and job referral services to clients of the
19 Department, including job service registration of such
20 clients with Illinois Employment Security offices and making
21 job listings maintained by the Department of Employment
22 Security available to such clients.
23 (i) To possess all powers reasonable and necessary for
24 the exercise and administration of the powers, duties and
25 responsibilities of the Department which are provided for by
26 law.
27 (j) To establish a procedure whereby new providers of
28 personal care attendant services shall submit vouchers to the
29 State for payment two times during their first month of
30 employment and one time per month thereafter. In no case
31 shall the Department pay personal care attendants an hourly
32 wage that is less than the federal minimum wage.
33 (k) To provide adequate notice to providers of chore and
34 housekeeping services informing them that they are entitled
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1 to an interest payment on bills which are not promptly paid
2 pursuant to Section 3 of the State Prompt Payment Act.
3 (l) To establish, operate and maintain a Statewide
4 Housing Clearinghouse of information on available, government
5 subsidized housing accessible to disabled persons and
6 available privately owned housing accessible to disabled
7 persons. The information shall include but not be limited to
8 the location, rental requirements, access features and
9 proximity to public transportation of available housing. The
10 Clearinghouse shall consist of at least a computerized
11 database for the storage and retrieval of information and a
12 separate or shared toll free telephone number for use by
13 those seeking information from the Clearinghouse. Department
14 offices and personnel throughout the State shall also assist
15 in the operation of the Statewide Housing Clearinghouse.
16 Cooperation with local, State and federal housing managers
17 shall be sought and extended in order to frequently and
18 promptly update the Clearinghouse's information.
19 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95;
20 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.