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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3309eng HB3309 Engrossed LRB9111345JMdv 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, of the Workforce 13 Investment Act of 1998, and of the federal Social Security 14 Act to the extent and in the manner provided 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, the Workforce Investment Act of 1998, and the HB3309 Engrossed -2- LRB9111345JMdv 1 federal Social Security Act. 2 (d) To report in writing, to the Governor, annually on 3 or before the first day of December, and at such other times 4 and in such manner and upon such subjects as the Governor may 5 require. The annual report shall contain (1) a statement of 6 the existing condition of comprehensive rehabilitation 7 services, habilitation and rehabilitation in the State; (2) a 8 statement of suggestions and recommendations with reference 9 to the development of comprehensive rehabilitation services, 10 habilitation and rehabilitation in the State; and (3) an 11 itemized statement of the amounts of money received from 12 federal, State and other sources, and of the objects and 13 purposes to which the respective items of these several 14 amounts have been devoted. 15 (e) To exercise, pursuant to Section 13 of this Act, 16 executive and administrative supervision over all 17 institutions, divisions, programs and services now existing 18 or hereafter acquired or created under the jurisdiction of 19 the Department, including, but not limited to, the following: 20 The Illinois School for the Visually Impaired at 21 Jacksonville, as provided under Section 10 of this Act, 22 The Illinois School for the Deaf at Jacksonville, as 23 provided under Section 10 of this Act, and 24 The Illinois Center for Rehabilitation and Education, as 25 provided under Section 11 of this Act. 26 (f) To establish a program of services to prevent 27 unnecessary institutionalization of persons with Alzheimer's 28 disease and related disorders or persons in need of long term 29 care who are established as blind or disabled as defined by 30 the Social Security Act, thereby enabling them to remain in 31 their own homes or other living arrangements. Such preventive 32 services may include, but are not limited to, any or all of 33 the following: 34 (1) home health services; HB3309 Engrossed -3- LRB9111345JMdv 1 (2) home nursing services; 2 (3) homemaker services; 3 (4) chore and housekeeping services; 4 (5) day care services; 5 (6) home-delivered meals; 6 (7) education in self-care; 7 (8) personal care services; 8 (9) adult day health services; 9 (10) habilitation services; 10 (11) respite care; or 11 (12) other nonmedical social services that may 12 enable the person to become self-supporting. 13 The Department shall establish eligibility standards for 14 such services taking into consideration the unique economic 15 and social needs of the population for whom they are to be 16 provided. Such eligibility standards may be based on the 17 recipient's ability to pay for services; provided, however, 18 that any portion of a person's income that is equal to or 19 less than the "protected income" level shall not be 20 considered by the Department in determining eligibility. The 21 "protected income" level shall be determined by the 22 Department, shall never be less than the federal poverty 23 standard, and shall be adjusted each year to reflect changes 24 in the Consumer Price Index For All Urban Consumers as 25 determined by the United States Department of Labor. 26 Additionally, in determining the amount and nature of 27 services for which a person may qualify, consideration shall 28 not be given to the value of cash, property or other assets 29 held in the name of the person's spouse pursuant to a written 30 agreement dividing marital property into equal but separate 31 shares or pursuant to a transfer of the person's interest in 32 a home to his spouse, provided that the spouse's share of the 33 marital property is not made available to the person seeking 34 such services. HB3309 Engrossed -4- LRB9111345JMdv 1 The services shall be provided to eligible persons to 2 prevent unnecessary or premature institutionalization, to the 3 extent that the cost of the services, together with the other 4 personal maintenance expenses of the persons, are reasonably 5 related to the standards established for care in a group 6 facility appropriate to their condition. These 7 non-institutional services, pilot projects or experimental 8 facilities may be provided as part of or in addition to those 9 authorized by federal law or those funded and administered by 10 the Illinois Department on Aging. 11 Personal care attendants shall be paid: 12 (i) A $5 per hour minimum rate beginning July 1, 13 1995. 14 (ii) A $5.30 per hour minimum rate beginning July 15 1, 1997. 16 (iii) A $5.40 per hour minimum rate beginning July 17 1, 1998. 18 (iv) A $6 per hour minimum rate beginning July 1, 19 1999. 20 (v) A $7 per hour minimum rate beginning January 1, 21 2001. 22 The Department shall execute, relative to the nursing 23 home prescreening project, as authorized by Section 4.03 of 24 the Illinois Act on the Aging, written inter-agency 25 agreements with the Department on Aging and the Department of 26 Public Aid, to effect the following: (i) intake procedures 27 and common eligibility criteria for those persons who are 28 receiving non-institutional services; and (ii) the 29 establishment and development of non-institutional services 30 in areas of the State where they are not currently available 31 or are undeveloped. On and after July 1, 1996, all nursing 32 home prescreenings for individuals 18 through 59 years of age 33 shall be conducted by the Department. 34 The Department is authorized to establish a system of HB3309 Engrossed -5- LRB9111345JMdv 1 recipient cost-sharing for services provided under this 2 Section. The cost-sharing shall be based upon the 3 recipient's ability to pay for services, but in no case shall 4 the recipient's share exceed the actual cost of the services 5 provided. Protected income shall not be considered by the 6 Department in its determination of the recipient's ability to 7 pay a share of the cost of services. The level of 8 cost-sharing shall be adjusted each year to reflect changes 9 in the "protected income" level. The Department shall deduct 10 from the recipient's share of the cost of services any money 11 expended by the recipient for disability-related expenses. 12 The Department, or the Department's authorized 13 representative, shall recover the amount of moneys expended 14 for services provided to or in behalf of a person under this 15 Section by a claim against the person's estate or against the 16 estate of the person's surviving spouse, but no recovery may 17 be had until after the death of the surviving spouse, if any, 18 and then only at such time when there is no surviving child 19 who is under age 21, blind, or permanently and totally 20 disabled. This paragraph, however, shall not bar recovery, 21 at the death of the person, of moneys for services provided 22 to the person or in behalf of the person under this Section 23 to which the person was not entitled; provided that such 24 recovery shall not be enforced against any real estate while 25 it is occupied as a homestead by the surviving spouse or 26 other dependent, if no claims by other creditors have been 27 filed against the estate, or, if such claims have been filed, 28 they remain dormant for failure of prosecution or failure of 29 the claimant to compel administration of the estate for the 30 purpose of payment. This paragraph shall not bar recovery 31 from the estate of a spouse, under Sections 1915 and 1924 of 32 the Social Security Act and Section 5-4 of the Illinois 33 Public Aid Code, who precedes a person receiving services 34 under this Section in death. All moneys for services paid to HB3309 Engrossed -6- LRB9111345JMdv 1 or in behalf of the person under this Section shall be 2 claimed for recovery from the deceased spouse's estate. 3 "Homestead", as used in this paragraph, means the dwelling 4 house and contiguous real estate occupied by a surviving 5 spouse or relative, as defined by the rules and regulations 6 of the Illinois Department of Public Aid, regardless of the 7 value of the property. 8 The Department and the Department on Aging shall 9 cooperate in the development and submission of an annual 10 report on programs and services provided under this Section. 11 Such joint report shall be filed with the Governor and the 12 General Assembly on or before March 30 each year. 13 The requirement for reporting to the General Assembly 14 shall be satisfied by filing copies of the report with the 15 Speaker, the Minority Leader and the Clerk of the House of 16 Representatives and the President, the Minority Leader and 17 the Secretary of the Senate and the Legislative Research 18 Unit, as required by Section 3.1 of the General Assembly 19 Organization Act, and filing additional copies with the State 20 Government Report Distribution Center for the General 21 Assembly as required under paragraph (t) of Section 7 of the 22 State Library Act. 23 (g) To establish such subdivisions of the Department as 24 shall be desirable and assign to the various subdivisions the 25 responsibilities and duties placed upon the Department by 26 law. 27 (h) To cooperate and enter into any necessary agreements 28 with the Department of Employment Security for the provision 29 of job placement and job referral services to clients of the 30 Department, including job service registration of such 31 clients with Illinois Employment Security offices and making 32 job listings maintained by the Department of Employment 33 Security available to such clients. 34 (i) To possess all powers reasonable and necessary for HB3309 Engrossed -7- LRB9111345JMdv 1 the exercise and administration of the powers, duties and 2 responsibilities of the Department which are provided for by 3 law. 4 (j) To establish a procedure whereby new providers of 5 personal care attendant services shall submit vouchers to the 6 State for payment two times during their first month of 7 employment and one time per month thereafter. In no case 8 shall the Department pay personal care attendants an hourly 9 wage that is less than the federal minimum wage. 10 (k) To provide adequate notice to providers of chore and 11 housekeeping services informing them that they are entitled 12 to an interest payment on bills which are not promptly paid 13 pursuant to Section 3 of the State Prompt Payment Act. 14 (l) To establish, operate and maintain a Statewide 15 Housing Clearinghouse of information on available, government 16 subsidized housing accessible to disabled persons and 17 available privately owned housing accessible to disabled 18 persons. The information shall include but not be limited to 19 the location, rental requirements, access features and 20 proximity to public transportation of available housing. The 21 Clearinghouse shall consist of at least a computerized 22 database for the storage and retrieval of information and a 23 separate or shared toll free telephone number for use by 24 those seeking information from the Clearinghouse. Department 25 offices and personnel throughout the State shall also assist 26 in the operation of the Statewide Housing Clearinghouse. 27 Cooperation with local, State and federal housing managers 28 shall be sought and extended in order to frequently and 29 promptly update the Clearinghouse's information. 30 (Source: P.A. 90-365, eff. 8-10-97; 91-540, eff. 8-13-99.) 31 Section 99. Effective date. This Act takes effect July 32 1, 2000.