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91_HB1833eng HB1833 Engrossed LRB9102175PTpk 1 AN ACT concerning preventive services. 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 Section 4.02 as follows: 6 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02) 7 Sec. 4.02. Preventive services. The Department shall 8 establish a program of services to prevent unnecessary 9 institutionalization of persons age 60 and older in need of 10 long term care or who are established as persons who suffer 11 from Alzheimer's disease or a related disorder under the 12 Alzheimer's Disease Assistance Act, thereby enabling them to 13 remain in their own homes or in other living arrangements. 14 Such preventive services, which may be coordinated with other 15 programs for the aged and monitored by area agencies on aging 16 in cooperation with the Department, may include, but are not 17 limited to, any or all of the following: 18 (a) home health services; 19 (b) home nursing services; 20 (c) homemaker services; 21 (d) chore and housekeeping services; 22 (e) day care services; 23 (f) home-delivered meals; 24 (g) education in self-care; 25 (h) personal care services; 26 (i) adult day health services; 27 (j) habilitation services; 28 (k) respite care; or 29 (l) other nonmedical social services that may enable the 30 person to become self-supporting. 31 The Department shall establish eligibility standards for HB1833 Engrossed -2- LRB9102175PTpk 1 such services taking into consideration the unique economic 2 and social needs of the target population for whom they are 3 to be provided. Such eligibility standards shall be based on 4 the recipient's ability to pay for services; provided, 5 however, that in determining the amount and nature of 6 services for which a person may qualify, consideration shall 7 not be given to the value of cash, property or other assets 8 held in the name of the person's spouse pursuant to a written 9 agreement dividing marital property into equal but separate 10 shares or pursuant to a transfer of the person's interest in 11 a home to his spouse, provided that the spouse's share of the 12 marital property is not made available to the person seeking 13 such services. The Department shall, in conjunction with the 14 Department of Public Aid, seek appropriate amendments under 15 Sections 1915 and 1924 of the Social Security Act. The 16 purpose of the amendments shall be to extend eligibility for 17 home and community based services under Sections 1915 and 18 1924 of the Social Security Act to persons who transfer to or 19 for the benefit of a spouse those amounts of income and 20 resources allowed under Section 1924 of the Social Security 21 Act. Subject to the approval of such amendments, the 22 Department shall extend the provisions of Section 5-4 of the 23 Illinois Public Aid Code to persons who, but for the 24 provision of home or community-based services, would require 25 the level of care provided in an institution, as is provided 26 for in federal law. Those persons no longer found to be 27 eligible for receiving noninstitutional services due to 28 changes in the eligibility criteria shall be given 60 days 29 notice prior to actual termination. Those persons receiving 30 notice of termination may contact the Department and request 31 the determination be appealed at any time during the 60 day 32 notice period. With the exception of the lengthened notice 33 and time frame for the appeal request, the appeal process 34 shall follow the normal procedure. In addition, each person HB1833 Engrossed -3- LRB9102175PTpk 1 affected regardless of the circumstances for discontinued 2 eligibility shall be given notice and the opportunity to 3 purchase the necessary services through the Community Care 4 Program. If the individual does not elect to purchase 5 services, the Department shall advise the individual of 6 alternative services. The target population identified for 7 the purposes of this Section are persons age 60 and older 8 with an identified service need. Priority shall be given to 9 those who are at imminent risk of institutionalization. The 10 services shall be provided to eligible persons age 60 and 11 older to the extent that the cost of the services together 12 with the other personal maintenance expenses of the persons 13 are reasonably related to the standards established for care 14 in a group facility appropriate to the person's condition. 15 These non-institutional services, pilot projects or 16 experimental facilities may be provided as part of or in 17 addition to those authorized by federal law or those funded 18 and administered by the Department of Human Services. The 19 Departments of Human Services, Public Aid, Public Health, 20 Veterans' Affairs, and Commerce and Community Affairs and 21 other appropriate agencies of State, federal and local 22 governments shall cooperate with the Department on Aging in 23 the establishment and development of the non-institutional 24 services. The Department shall require an annual audit from 25 all chore/housekeeping and homemaker vendors contracting with 26 the Department under this Section. The annual audit shall 27 assure that each audited vendor's procedures are in 28 compliance with Department's financial reporting guidelines 29 requiring a 27% administrative cost split and a 73% employee 30 wages and benefits cost split. The audit is a public record 31 under the Freedom of Information Act. The Department shall 32 execute, relative to the nursing home prescreening project, 33 written inter-agency agreements with the Department of Human 34 Services and the Department of Public Aid, to effect the HB1833 Engrossed -4- LRB9102175PTpk 1 following: (1) intake procedures and common eligibility 2 criteria for those persons who are receiving 3 non-institutional services; and (2) the establishment and 4 development of non-institutional services in areas of the 5 State where they are not currently available or are 6 undeveloped. On and after July 1, 1996, all nursing home 7 prescreenings for individuals 60 years of age or older shall 8 be conducted by the Department. 9 The Department is authorized to establish a system of 10 recipient copayment for services provided under this Section, 11 such copayment to be based upon the recipient's ability to 12 pay but in no case to exceed the actual cost of the services 13 provided. Additionally, any portion of a person's income 14 which is equal to or less than the federal poverty standard 15 shall not be considered by the Department in determining the 16 copayment. The level of such copayment shall be adjusted 17 whenever necessary to reflect any change in the officially 18 designated federal poverty standard. 19 The Department, or the Department's authorized 20 representative, shall recover the amount of moneys expended 21 for services provided to or in behalf of a person under this 22 Section by a claim against the person's estate or against the 23 estate of the person's surviving spouse, but no recovery may 24 be had until after the death of the surviving spouse, if any, 25 and then only at such time when there is no surviving child 26 who is under age 21, blind, or permanently and totally 27 disabled. This paragraph, however, shall not bar recovery, 28 at the death of the person, of moneys for services provided 29 to the person or in behalf of the person under this Section 30 to which the person was not entitled; provided that such 31 recovery shall not be enforced against any real estate while 32 it is occupied as a homestead by the surviving spouse or 33 other dependent, if no claims by other creditors have been 34 filed against the estate, or, if such claims have been filed, HB1833 Engrossed -5- LRB9102175PTpk 1 they remain dormant for failure of prosecution or failure of 2 the claimant to compel administration of the estate for the 3 purpose of payment. This paragraph shall not bar recovery 4 from the estate of a spouse, under Sections 1915 and 1924 of 5 the Social Security Act and Section 5-4 of the Illinois 6 Public Aid Code, who precedes a person receiving services 7 under this Section in death. All moneys for services paid to 8 or in behalf of the person under this Section shall be 9 claimed for recovery from the deceased spouse's estate. 10 "Homestead", as used in this paragraph, means the dwelling 11 house and contiguous real estate occupied by a surviving 12 spouse or relative, as defined by the rules and regulations 13 of the Illinois Department of Public Aid, regardless of the 14 value of the property. 15 The Department shall develop procedures to enhance 16 availability of services on evenings, weekends, and on an 17 emergency basis to meet the respite needs of caregivers. 18 Procedures shall be developed to permit the utilization of 19 services in successive blocks of 24 hours up to the monthly 20 maximum established by the Department. Workers providing 21 these services shall be appropriately trained. 22 The Department shall work in conjunction with the 23 Alzheimer's Task Force and members of the Alzheimer's 24 Association and other senior citizens' organizations in 25 developing these procedures by December 30, 1991. 26 Beginning on the effective date of this Amendatory Act of 27 1991, no person may perform chore/housekeeping and homemaker 28 services under a program authorized by this Section unless 29 that person has been issued a certificate of pre-service to 30 do so by his or her employing agency. Information gathered 31 to effect such certification shall include (i) the person's 32 name, (ii) the date the person was hired by his or her 33 current employer, and (iii) the training, including dates and 34 levels. Persons engaged in the program authorized by this HB1833 Engrossed -6- LRB9102175PTpk 1 Section before the effective date of this amendatory Act of 2 1991 shall be issued a certificate of all pre-service and 3 in-service training from his or her employer upon submitting 4 the necessary information. The employing agency shall be 5 required to retain records of all staff pre-service and 6 in-service training, and shall provide such records to the 7 Department upon request and upon termination of the 8 employer's contract with the Department. In addition, the 9 employing agency is responsible for the issuance of 10 certifications of in-service training completed to their 11 employees. 12 The Department is required to develop a system to ensure 13 that persons working as homemakers and chore housekeepers 14 receive increases in their wages when the federal minimum 15 wage is increased by requiring vendors to certify that they 16 are meeting the federal minimum wage statute for homemakers 17 and chore housekeepers. An employer that cannot ensure that 18 the minimum wage increase is being given to homemakers and 19 chore housekeepers shall be denied any increase in 20 reimbursement costs. Beginning July 1, 1999, the vendors 21 shall receive a rate increase equal to the percent increase 22 in the federal minimum wage each time the federal minimum 23 wage is increased. 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 HB1833 Engrossed -7- LRB9102175PTpk 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.) 18 Section 10. The Disabled Persons Rehabilitation Act is 19 amended by changing Section 3 as follows: 20 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 21 Sec. 3. Powers and duties. The Department shall have the 22 powers and duties enumerated herein: 23 (a) To co-operate with the federal government in the 24 administration of the provisions of the federal 25 Rehabilitation Act of 1973, as amended, and of the federal 26 Social Security Act to the extent and in the manner provided 27 in these Acts. 28 (b) To prescribe and supervise such courses of 29 vocational training and provide such other services as may be 30 necessary for the habilitation and rehabilitation of persons 31 with one or more disabilities, including the administrative 32 activities under subsection (e) of this Section, and to HB1833 Engrossed -8- LRB9102175PTpk 1 co-operate with State and local school authorities and other 2 recognized agencies engaged in habilitation, rehabilitation 3 and comprehensive rehabilitation services; and to cooperate 4 with the Department of Children and Family Services regarding 5 the care and education of children with one or more 6 disabilities. 7 (c) To make such reports and submit such plans to the 8 federal government as are required by the provisions of the 9 federal Rehabilitation Act of 1973, as amended, and by the 10 rules and regulations of the federal agency or agencies 11 administering the federal Rehabilitation Act of 1973, as 12 amended, and the federal Social Security Act. 13 (d) To report in writing, to the Governor, annually on 14 or before the first day of December, and at such other times 15 and in such manner and upon such subjects as the Governor may 16 require. The annual report shall contain (1) a statement of 17 the existing condition of comprehensive rehabilitation 18 services, habilitation and rehabilitation in the State; (2) a 19 statement of suggestions and recommendations with reference 20 to the development of comprehensive rehabilitation services, 21 habilitation and rehabilitation in the State; and (3) an 22 itemized statement of the amounts of money received from 23 federal, State and other sources, and of the objects and 24 purposes to which the respective items of these several 25 amounts have been devoted. 26 (e) To exercise, pursuant to Section 13 of this Act, 27 executive and administrative supervision over all 28 institutions, divisions, programs and services now existing 29 or hereafter acquired or created under the jurisdiction of 30 the Department, including, but not limited to, the following: 31 The Illinois School for the Visually Impaired at 32 Jacksonville, as provided under Section 10 of this Act, 33 The Illinois School for the Deaf at Jacksonville, as 34 provided under Section 10 of this Act, and HB1833 Engrossed -9- LRB9102175PTpk 1 The Illinois Center for Rehabilitation and Education, as 2 provided under Section 11 of this Act. 3 (f) To establish a program of services to prevent 4 unnecessary institutionalization of persons with Alzheimer's 5 disease and related disorders or persons in need of long term 6 care who are established as blind or disabled as defined by 7 the Social Security Act, thereby enabling them to remain in 8 their own homes or other living arrangements. Such preventive 9 services may include, but are not limited to, any or all of 10 the following: 11 (1) home health services; 12 (2) home nursing services; 13 (3) homemaker services; 14 (4) chore and housekeeping services; 15 (5) day care services; 16 (6) home-delivered meals; 17 (7) education in self-care; 18 (8) personal care services; 19 (9) adult day health services; 20 (10) habilitation services; 21 (11) respite care; or 22 (12) other nonmedical social services that may 23 enable the person to become self-supporting. 24 The Department shall establish eligibility standards for 25 such services taking into consideration the unique economic 26 and social needs of the population for whom they are to be 27 provided. Such eligibility standards may be based on the 28 recipient's ability to pay for services; provided, however, 29 that any portion of a person's income that is equal to or 30 less than the "protected income" level shall not be 31 considered by the Department in determining eligibility. The 32 "protected income" level shall be determined by the 33 Department, shall never be less than the federal poverty 34 standard, and shall be adjusted each year to reflect changes HB1833 Engrossed -10- LRB9102175PTpk 1 in the Consumer Price Index For All Urban Consumers as 2 determined by the United States Department of Labor. 3 Additionally, in determining the amount and nature of 4 services for which a person may qualify, consideration shall 5 not be given to the value of cash, property or other assets 6 held in the name of the person's spouse pursuant to a written 7 agreement dividing marital property into equal but separate 8 shares or pursuant to a transfer of the person's interest in 9 a home to his spouse, provided that the spouse's share of the 10 marital property is not made available to the person seeking 11 such services. 12 The services shall be provided to eligible persons to 13 prevent unnecessary or premature institutionalization, to the 14 extent that the cost of the services, together with the other 15 personal maintenance expenses of the persons, are reasonably 16 related to the standards established for care in a group 17 facility appropriate to their condition. These 18 non-institutional services, pilot projects or experimental 19 facilities may be provided as part of or in addition to those 20 authorized by federal law or those funded and administered by 21 the Illinois Department on Aging. 22 Personal care attendants shall be paid: 23 (i) A $5 per hour minimum rate beginning July 1, 24 1995. 25 (ii) A $5.30 per hour minimum rate beginning July 26 1, 1997. 27 (iii) A $5.40 per hour minimum rate beginning July 28 1, 1998. 29 Beginning July 1, 1999, personal care attendants shall 30 receive a percentage increase in wages equal to the percent 31 increase in the federal minimum wage each time the federal 32 minimum wage is increased. 33 The Department shall execute, relative to the nursing 34 home prescreening project, as authorized by Section 4.03 of HB1833 Engrossed -11- LRB9102175PTpk 1 the Illinois Act on the Aging, written inter-agency 2 agreements with the Department on Aging and the Department of 3 Public Aid, to effect the following: (i) intake procedures 4 and common eligibility criteria for those persons who are 5 receiving non-institutional services; and (ii) the 6 establishment and development of non-institutional services 7 in areas of the State where they are not currently available 8 or are undeveloped. On and after July 1, 1996, all nursing 9 home prescreenings for individuals 18 through 59 years of age 10 shall be conducted by the Department. 11 The Department is authorized to establish a system of 12 recipient cost-sharing for services provided under this 13 Section. The cost-sharing shall be based upon the 14 recipient's ability to pay for services, but in no case shall 15 the recipient's share exceed the actual cost of the services 16 provided. Protected income shall not be considered by the 17 Department in its determination of the recipient's ability to 18 pay a share of the cost of services. The level of 19 cost-sharing shall be adjusted each year to reflect changes 20 in the "protected income" level. The Department shall deduct 21 from the recipient's share of the cost of services any money 22 expended by the recipient for disability-related expenses. 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 HB1833 Engrossed -12- LRB9102175PTpk 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 and the Department on Aging shall 20 cooperate in the development and submission of an annual 21 report on programs and services provided under this Section. 22 Such joint report shall be filed with the Governor and the 23 General Assembly on or before September 30 each year. 24 The requirement for reporting to the General Assembly 25 shall be satisfied by filing copies of the report with the 26 Speaker, the Minority Leader and the Clerk of the House of 27 Representatives and the President, the Minority Leader and 28 the Secretary of the Senate and the Legislative Research 29 Unit, as required by Section 3.1 of the General Assembly 30 Organization Act, and filing additional copies with the State 31 Government Report Distribution Center for the General 32 Assembly as required under paragraph (t) of Section 7 of the 33 State Library Act. 34 (g) To establish such subdivisions of the Department as HB1833 Engrossed -13- LRB9102175PTpk 1 shall be desirable and assign to the various subdivisions the 2 responsibilities and duties placed upon the Department by 3 law. 4 (h) To cooperate and enter into any necessary agreements 5 with the Department of Employment Security for the provision 6 of job placement and job referral services to clients of the 7 Department, including job service registration of such 8 clients with Illinois Employment Security offices and making 9 job listings maintained by the Department of Employment 10 Security available to such clients. 11 (i) To possess all powers reasonable and necessary for 12 the exercise and administration of the powers, duties and 13 responsibilities of the Department which are provided for by 14 law. 15 (j) To establish a procedure whereby new providers of 16 personal care attendant services shall submit vouchers to the 17 State for payment two times during their first month of 18 employment and one time per month thereafter. In no case 19 shall the Department pay personal care attendants an hourly 20 wage that is less than the federal minimum wage. 21 (k) To provide adequate notice to providers of chore and 22 housekeeping services informing them that they are entitled 23 to an interest payment on bills which are not promptly paid 24 pursuant to Section 3 of the State Prompt Payment Act. 25 (l) To establish, operate and maintain a Statewide 26 Housing Clearinghouse of information on available, government 27 subsidized housing accessible to disabled persons and 28 available privately owned housing accessible to disabled 29 persons. The information shall include but not be limited to 30 the location, rental requirements, access features and 31 proximity to public transportation of available housing. The 32 Clearinghouse shall consist of at least a computerized 33 database for the storage and retrieval of information and a 34 separate or shared toll free telephone number for use by HB1833 Engrossed -14- LRB9102175PTpk 1 those seeking information from the Clearinghouse. Department 2 offices and personnel throughout the State shall also assist 3 in the operation of the Statewide Housing Clearinghouse. 4 Cooperation with local, State and federal housing managers 5 shall be sought and extended in order to frequently and 6 promptly update the Clearinghouse's information. 7 (Source: P.A. 89-21, eff. 7-1-95; 89-352, eff. 8-17-95; 8 89-626, eff. 8-9-96; 90-365, eff. 8-10-97.) 9 Section 99. Effective date. This Act takes effect July 10 1, 1999.