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91_HB1797eng HB1797 Engrossed 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. HB1797 Engrossed -2- LRB9102172PTpk 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; HB1797 Engrossed -3- LRB9102172PTpk 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 HB1797 Engrossed -4- LRB9102172PTpk 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 HB1797 Engrossed -5- LRB9102172PTpk 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. HB1797 Engrossed -6- LRB9102172PTpk 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 HB1797 Engrossed -7- LRB9102172PTpk 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 HB1797 Engrossed -8- LRB9102172PTpk 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.