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91_SB1860eng SB1860 Engrossed LRB9102178JMmbA 1 AN ACT concerning membership, duties, rights, and 2 obligations of authorities, boards, commissions, and 3 committees. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 3. The Departments of State Government Law of 7 the Civil Administrative Code of Illinois is amended by 8 changing Section 5-560 as follows: 9 (20 ILCS 5/5-560) (was 20 ILCS 5/6.08) 10 Sec. 5-560. In the Department of Natural Resources. An 11 Advisory Board to the Department of Natural Resources, 12 composed of 1311persons, one of whom shall be a senior 13 citizen age 60 or over. 14 In the appointment of the initial members the Governor 15 shall designate 3 persons to serve for 2 years, 3 for 4 16 years, and 3 for 6 years from the third Monday in January of 17 the odd-numbered year in which the term commences. The 18 members first appointed under this amendatory Act of 1984 19 shall serve a term of 6 years commencing on the third Monday 20 in January, 1985. The members appointed under this amendatory 21 Act of the 91st General Assembly shall serve terms of 6 22 years. 23 The Advisory Board shall formulate long range policies 24 for guidance of the Department in: the protection and 25 conservation of renewable resources of the State of Illinois; 26 the development of areas and facilities for outdoor 27 recreation; the prevention of timber destruction and other 28 forest growth by fire or otherwise; the reforestation of 29 suitable lands of this State; the extension of cooperative 30 support to other agencies of this State in preventing and 31 guarding against the pollution of streams and lakes within SB1860 Engrossed -2- LRB9102178JMmbA 1 the State; the management of the wildlife resources, 2 including migratory fowl, and fisheries resources, including 3 the construction of new water impoundment areas; the 4 development of an adequate research program for fish, game, 5 and forestry through cooperation with and support of the 6 Illinois Natural History Survey; and the expressing of 7 policies for proper dissemination of and enforcement of the 8 various laws pertinent to the conservation program of 9 Illinois and the nation. 10 The Board shall make a study of the personnel structure 11 of the Department and shall, from time to time, make 12 recommendations to the Governor and the Director of Natural 13 Resources for a merit system of employment and for the 14 revision of the position classification to the extent which 15 Civil Service classification should apply in departmental 16 positions. 17 The Board shall make studies of the land acquisition 18 needs of the Department and recommendations from time to time 19 as to necessary acquisition of lands for fisheries, game, 20 forestry, and recreational development. 21 The Board may recommend to the Director of Natural 22 Resources any reductions or increases of seasons and bag or 23 possession limits or the closure of any season when research 24 and inventory data indicate the need for those changes. 25 Board members shall be reimbursed for any necessary 26 travel expenses incurred in the performance of their duties. 27 (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00.) 28 Section 5. The Illinois Act on the Aging is amended by 29 changing Section 4.02 as follows: 30 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02) 31 Sec. 4.02. The Department shall establish a program of 32 services to prevent unnecessary institutionalization of SB1860 Engrossed -3- LRB9102178JMmbA 1 persons age 60 and older in need of long term care or who are 2 established as persons who suffer from Alzheimer's disease or 3 a related disorder under the Alzheimer's Disease Assistance 4 Act, thereby enabling them to remain in their own homes or in 5 other living arrangements. Such preventive services, which 6 may be coordinated with other programs for the aged and 7 monitored by area agencies on aging in cooperation with the 8 Department, may include, but are not limited to, any or all 9 of the following: 10 (a) home health services; 11 (b) home nursing services; 12 (c) homemaker services; 13 (d) chore and housekeeping services; 14 (e) day care services; 15 (f) home-delivered meals; 16 (g) education in self-care; 17 (h) personal care services; 18 (i) adult day health services; 19 (j) habilitation services; 20 (k) respite care; 21 (l) other nonmedical social services that may enable the 22 person to become self-supporting; or 23 (m) clearinghouse for information provided by senior 24 citizen home owners who want to rent rooms to or share living 25 space with other senior citizens. 26 The Department shall establish eligibility standards for 27 such services taking into consideration the unique economic 28 and social needs of the target population for whom they are 29 to be provided. Such eligibility standards shall be based on 30 the recipient's ability to pay for services; provided, 31 however, that in determining the amount and nature of 32 services for which a person may qualify, consideration shall 33 not be given to the value of cash, property or other assets 34 held in the name of the person's spouse pursuant to a written SB1860 Engrossed -4- LRB9102178JMmbA 1 agreement dividing marital property into equal but separate 2 shares or pursuant to a transfer of the person's interest in 3 a home to his spouse, provided that the spouse's share of the 4 marital property is not made available to the person seeking 5 such services. The Department shall, in conjunction with the 6 Department of Public Aid, seek appropriate amendments under 7 Sections 1915 and 1924 of the Social Security Act. The 8 purpose of the amendments shall be to extend eligibility for 9 home and community based services under Sections 1915 and 10 1924 of the Social Security Act to persons who transfer to or 11 for the benefit of a spouse those amounts of income and 12 resources allowed under Section 1924 of the Social Security 13 Act. Subject to the approval of such amendments, the 14 Department shall extend the provisions of Section 5-4 of the 15 Illinois Public Aid Code to persons who, but for the 16 provision of home or community-based services, would require 17 the level of care provided in an institution, as is provided 18 for in federal law. Those persons no longer found to be 19 eligible for receiving noninstitutional services due to 20 changes in the eligibility criteria shall be given 60 days 21 notice prior to actual termination. Those persons receiving 22 notice of termination may contact the Department and request 23 the determination be appealed at any time during the 60 day 24 notice period. With the exception of the lengthened notice 25 and time frame for the appeal request, the appeal process 26 shall follow the normal procedure. In addition, each person 27 affected regardless of the circumstances for discontinued 28 eligibility shall be given notice and the opportunity to 29 purchase the necessary services through the Community Care 30 Program. If the individual does not elect to purchase 31 services, the Department shall advise the individual of 32 alternative services. The target population identified for 33 the purposes of this Section are persons age 60 and older 34 with an identified service need. Priority shall be given to SB1860 Engrossed -5- LRB9102178JMmbA 1 those who are at imminent risk of institutionalization. The 2 services shall be provided to eligible persons age 60 and 3 older to the extent that the cost of the services together 4 with the other personal maintenance expenses of the persons 5 are reasonably related to the standards established for care 6 in a group facility appropriate to the person's condition. 7 These non-institutional services, pilot projects or 8 experimental facilities may be provided as part of or in 9 addition to those authorized by federal law or those funded 10 and administered by the Department of Human Services. The 11 Departments of Human Services, Public Aid, Public Health, 12 Veterans' Affairs, and Commerce and Community Affairs and 13 other appropriate agencies of State, federal and local 14 governments shall cooperate with the Department on Aging in 15 the establishment and development of the non-institutional 16 services. The Department shall require an annual audit from 17 all chore/housekeeping and homemaker vendors contracting with 18 the Department under this Section. The annual audit shall 19 assure that each audited vendor's procedures are in 20 compliance with Department's financial reporting guidelines 21 requiring a 27% administrative cost split and a 73% employee 22 wages and benefits cost split. The audit is a public record 23 under the Freedom of Information Act. The Department shall 24 execute, relative to the nursing home prescreening project, 25 written inter-agency agreements with the Department of Human 26 Services and the Department of Public Aid, to effect the 27 following: (1) intake procedures and common eligibility 28 criteria for those persons who are receiving 29 non-institutional services; and (2) the establishment and 30 development of non-institutional services in areas of the 31 State where they are not currently available or are 32 undeveloped. On and after July 1, 1996, all nursing home 33 prescreenings for individuals 60 years of age or older shall 34 be conducted by the Department. SB1860 Engrossed -6- LRB9102178JMmbA 1 The Department is authorized to establish a system of 2 recipient copayment for services provided under this Section, 3 such copayment to be based upon the recipient's ability to 4 pay but in no case to exceed the actual cost of the services 5 provided. Additionally, any portion of a person's income 6 which is equal to or less than the federal poverty standard 7 shall not be considered by the Department in determining the 8 copayment. The level of such copayment shall be adjusted 9 whenever necessary to reflect any change in the officially 10 designated federal poverty standard. 11 The Department, or the Department's authorized 12 representative, shall recover the amount of moneys expended 13 for services provided to or in behalf of a person under this 14 Section by a claim against the person's estate or against the 15 estate of the person's surviving spouse, but no recovery may 16 be had until after the death of the surviving spouse, if any, 17 and then only at such time when there is no surviving child 18 who is under age 21, blind, or permanently and totally 19 disabled. This paragraph, however, shall not bar recovery, 20 at the death of the person, of moneys for services provided 21 to the person or in behalf of the person under this Section 22 to which the person was not entitled; provided that such 23 recovery shall not be enforced against any real estate while 24 it is occupied as a homestead by the surviving spouse or 25 other dependent, if no claims by other creditors have been 26 filed against the estate, or, if such claims have been filed, 27 they remain dormant for failure of prosecution or failure of 28 the claimant to compel administration of the estate for the 29 purpose of payment. This paragraph shall not bar recovery 30 from the estate of a spouse, under Sections 1915 and 1924 of 31 the Social Security Act and Section 5-4 of the Illinois 32 Public Aid Code, who precedes a person receiving services 33 under this Section in death. All moneys for services paid to 34 or in behalf of the person under this Section shall be SB1860 Engrossed -7- LRB9102178JMmbA 1 claimed for recovery from the deceased spouse's estate. 2 "Homestead", as used in this paragraph, means the dwelling 3 house and contiguous real estate occupied by a surviving 4 spouse or relative, as defined by the rules and regulations 5 of the Illinois Department of Public Aid, regardless of the 6 value of the property. 7 The Department shall develop procedures to enhance 8 availability of services on evenings, weekends, and on an 9 emergency basis to meet the respite needs of caregivers. 10 Procedures shall be developed to permit the utilization of 11 services in successive blocks of 24 hours up to the monthly 12 maximum established by the Department. Workers providing 13 these services shall be appropriately trained. 14The Department shall work in conjunction with the15Alzheimer's Task Force and members of the Alzheimer's16Association and other senior citizens' organizations in17developing these procedures by December 30, 1991.18 Beginning on the effective date of this Amendatory Act of 19 1991, no person may perform chore/housekeeping and homemaker 20 services under a program authorized by this Section unless 21 that person has been issued a certificate of pre-service to 22 do so by his or her employing agency. Information gathered 23 to effect such certification shall include (i) the person's 24 name, (ii) the date the person was hired by his or her 25 current employer, and (iii) the training, including dates and 26 levels. Persons engaged in the program authorized by this 27 Section before the effective date of this amendatory Act of 28 1991 shall be issued a certificate of all pre- and in-service 29 training from his or her employer upon submitting the 30 necessary information. The employing agency shall be 31 required to retain records of all staff pre- and in-service 32 training, and shall provide such records to the Department 33 upon request and upon termination of the employer's contract 34 with the Department. In addition, the employing agency is SB1860 Engrossed -8- LRB9102178JMmbA 1 responsible for the issuance of certifications of in-service 2 training completed to their employees. 3 The Department is required to develop a system to ensure 4 that persons working as homemakers and chore housekeepers 5 receive increases in their wages when the federal minimum 6 wage is increased by requiring vendors to certify that they 7 are meeting the federal minimum wage statute for homemakers 8 and chore housekeepers. An employer that cannot ensure that 9 the minimum wage increase is being given to homemakers and 10 chore housekeepers shall be denied any increase in 11 reimbursement costs. 12 The Department on Aging and the Department of Human 13 Services shall cooperate in the development and submission of 14 an annual report on programs and services provided under this 15 Section. Such joint report shall be filed with the Governor 16 and the General Assembly on or before September 30 each year. 17 The requirement for reporting to the General Assembly 18 shall be satisfied by filing copies of the report with the 19 Speaker, the Minority Leader and the Clerk of the House of 20 Representatives and the President, the Minority Leader and 21 the Secretary of the Senate and the Legislative Research 22 Unit, as required by Section 3.1 of the General Assembly 23 Organization Act and filing such additional copies with the 24 State Government Report Distribution Center for the General 25 Assembly as is required under paragraph (t) of Section 7 of 26 the State Library Act. 27 Those persons previously found eligible for receiving 28 non-institutional services whose services were discontinued 29 under the Emergency Budget Act of Fiscal Year 1992, and who 30 do not meet the eligibility standards in effect on or after 31 July 1, 1992, shall remain ineligible on and after July 1, 32 1992. Those persons previously not required to cost-share 33 and who were required to cost-share effective March 1, 1992, 34 shall continue to meet cost-share requirements on and after SB1860 Engrossed -9- LRB9102178JMmbA 1 July 1, 1992. Beginning July 1, 1992, all clients will be 2 required to meet eligibility, cost-share, and other 3 requirements and will have services discontinued or altered 4 when they fail to meet these requirements. 5 (Source: P.A. 91-303, eff. 1-1-00.) 6 (20 ILCS 105/8.04 rep.) 7 Section 10. The Illinois Act on the Aging is amended by 8 repealing Section 8.04. 9 (410 ILCS 425/9 rep.) 10 Section 100. The High Blood Pressure Control Act is 11 amended by repealing Section 9. 12 (410 ILCS 435/Act rep.) 13 Section 105. The Rheumatic Diseases Treatment Act is 14 repealed. 15 (415 ILCS 20/6.3 rep.) 16 Section 115. The Illinois Solid Waste Management Act is 17 amended by repealing Section 6.3. 18 Section 999. Effective date. This Act takes effect upon 19 becoming law.