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92_HB4961eng HB4961 Engrossed LRB9214126AGmb 1 AN ACT concerning personal care attendants. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Disabled Persons Rehabilitation Act is 5 amended by changing Section 3 as follows: 6 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 7 (Text of Section before amendment by P.A. 92-84) 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 HB4961 Engrossed -2- LRB9214126AGmb 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; HB4961 Engrossed -3- LRB9214126AGmb 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. HB4961 Engrossed -4- LRB9214126AGmb 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 2000. 20 (v) A $7 per hour minimum rate beginning January 1, 21 2002. 22 (vi) An $8 per hour minimum rate beginning July 1, 23 2002. 24 The Department shall execute, relative to the nursing 25 home prescreening project, as authorized by Section 4.03 of 26 the Illinois Act on the Aging, written inter-agency 27 agreements with the Department on Aging and the Department of 28 Public Aid, to effect the following: (i) intake procedures 29 and common eligibility criteria for those persons who are 30 receiving non-institutional services; and (ii) the 31 establishment and development of non-institutional services 32 in areas of the State where they are not currently available 33 or are undeveloped. On and after July 1, 1996, all nursing 34 home prescreenings for individuals 18 through 59 years of age HB4961 Engrossed -5- LRB9214126AGmb 1 shall be conducted by the Department. 2 The Department is authorized to establish a system of 3 recipient cost-sharing for services provided under this 4 Section. The cost-sharing shall be based upon the 5 recipient's ability to pay for services, but in no case shall 6 the recipient's share exceed the actual cost of the services 7 provided. Protected income shall not be considered by the 8 Department in its determination of the recipient's ability to 9 pay a share of the cost of services. The level of 10 cost-sharing shall be adjusted each year to reflect changes 11 in the "protected income" level. The Department shall deduct 12 from the recipient's share of the cost of services any money 13 expended by the recipient for disability-related expenses. 14 The Department, or the Department's authorized 15 representative, shall recover the amount of moneys expended 16 for services provided to or in behalf of a person under this 17 Section by a claim against the person's estate or against the 18 estate of the person's surviving spouse, but no recovery may 19 be had until after the death of the surviving spouse, if any, 20 and then only at such time when there is no surviving child 21 who is under age 21, blind, or permanently and totally 22 disabled. This paragraph, however, shall not bar recovery, 23 at the death of the person, of moneys for services provided 24 to the person or in behalf of the person under this Section 25 to which the person was not entitled; provided that such 26 recovery shall not be enforced against any real estate while 27 it is occupied as a homestead by the surviving spouse or 28 other dependent, if no claims by other creditors have been 29 filed against the estate, or, if such claims have been filed, 30 they remain dormant for failure of prosecution or failure of 31 the claimant to compel administration of the estate for the 32 purpose of payment. This paragraph shall not bar recovery 33 from the estate of a spouse, under Sections 1915 and 1924 of 34 the Social Security Act and Section 5-4 of the Illinois HB4961 Engrossed -6- LRB9214126AGmb 1 Public Aid Code, who precedes a person receiving services 2 under this Section in death. All moneys for services paid to 3 or in behalf of the person under this Section shall be 4 claimed for recovery from the deceased spouse's estate. 5 "Homestead", as used in this paragraph, means the dwelling 6 house and contiguous real estate occupied by a surviving 7 spouse or relative, as defined by the rules and regulations 8 of the Illinois Department of Public Aid, regardless of the 9 value of the property. 10 The Department and the Department on Aging shall 11 cooperate in the development and submission of an annual 12 report on programs and services provided under this Section. 13 Such joint report shall be filed with the Governor and the 14 General Assembly on or before March 30 each year. 15 The requirement for reporting to the General Assembly 16 shall be satisfied by filing copies of the report with the 17 Speaker, the Minority Leader and the Clerk of the House of 18 Representatives and the President, the Minority Leader and 19 the Secretary of the Senate and the Legislative Research 20 Unit, as required by Section 3.1 of the General Assembly 21 Organization Act, and filing additional copies with the State 22 Government Report Distribution Center for the General 23 Assembly as required under paragraph (t) of Section 7 of the 24 State Library Act. 25 (g) To establish such subdivisions of the Department as 26 shall be desirable and assign to the various subdivisions the 27 responsibilities and duties placed upon the Department by 28 law. 29 (h) To cooperate and enter into any necessary agreements 30 with the Department of Employment Security for the provision 31 of job placement and job referral services to clients of the 32 Department, including job service registration of such 33 clients with Illinois Employment Security offices and making 34 job listings maintained by the Department of Employment HB4961 Engrossed -7- LRB9214126AGmb 1 Security available to such clients. 2 (i) To possess all powers reasonable and necessary for 3 the exercise and administration of the powers, duties and 4 responsibilities of the Department which are provided for by 5 law. 6 (j) To establish a procedure whereby new providers of 7 personal care attendant services shall submit vouchers to the 8 State for payment two times during their first month of 9 employment and one time per month thereafter. In no case 10 shall the Department pay personal care attendants an hourly 11 wage that is less than the federal minimum wage. 12 (k) To provide adequate notice to providers of chore and 13 housekeeping services informing them that they are entitled 14 to an interest payment on bills which are not promptly paid 15 pursuant to Section 3 of the State Prompt Payment Act. 16 (l) To establish, operate and maintain a Statewide 17 Housing Clearinghouse of information on available, government 18 subsidized housing accessible to disabled persons and 19 available privately owned housing accessible to disabled 20 persons. The information shall include but not be limited to 21 the location, rental requirements, access features and 22 proximity to public transportation of available housing. The 23 Clearinghouse shall consist of at least a computerized 24 database for the storage and retrieval of information and a 25 separate or shared toll free telephone number for use by 26 those seeking information from the Clearinghouse. Department 27 offices and personnel throughout the State shall also assist 28 in the operation of the Statewide Housing Clearinghouse. 29 Cooperation with local, State and federal housing managers 30 shall be sought and extended in order to frequently and 31 promptly update the Clearinghouse's information. 32 (Source: P.A. 90-365, eff. 8-10-97; 91-540, eff. 8-13-99.) 33 (Text of Section after amendment by P.A. 92-84) 34 Sec. 3. Powers and duties. The Department shall have the HB4961 Engrossed -8- LRB9214126AGmb 1 powers and duties enumerated herein: 2 (a) To co-operate with the federal government in the 3 administration of the provisions of the federal 4 Rehabilitation Act of 1973, as amended, of the Workforce 5 Investment Act of 1998, and of the federal Social Security 6 Act to the extent and in the manner provided in these Acts. 7 (b) To prescribe and supervise such courses of 8 vocational training and provide such other services as may be 9 necessary for the habilitation and rehabilitation of persons 10 with one or more disabilities, including the administrative 11 activities under subsection (e) of this Section, and to 12 co-operate with State and local school authorities and other 13 recognized agencies engaged in habilitation, rehabilitation 14 and comprehensive rehabilitation services; and to cooperate 15 with the Department of Children and Family Services regarding 16 the care and education of children with one or more 17 disabilities. 18 (c) (Blank). 19 (d) To report in writing, to the Governor, annually on 20 or before the first day of December, and at such other times 21 and in such manner and upon such subjects as the Governor may 22 require. The annual report shall contain (1) a statement of 23 the existing condition of comprehensive rehabilitation 24 services, habilitation and rehabilitation in the State; (2) a 25 statement of suggestions and recommendations with reference 26 to the development of comprehensive rehabilitation services, 27 habilitation and rehabilitation in the State; and (3) an 28 itemized statement of the amounts of money received from 29 federal, State and other sources, and of the objects and 30 purposes to which the respective items of these several 31 amounts have been devoted. 32 (e) (Blank). 33 (f) To establish a program of services to prevent 34 unnecessary institutionalization of persons with Alzheimer's HB4961 Engrossed -9- LRB9214126AGmb 1 disease and related disorders or persons in need of long term 2 care who are established as blind or disabled as defined by 3 the Social Security Act, thereby enabling them to remain in 4 their own homes or other living arrangements. Such preventive 5 services may include, but are not limited to, any or all of 6 the following: 7 (1) home health services; 8 (2) home nursing services; 9 (3) homemaker services; 10 (4) chore and housekeeping services; 11 (5) day care services; 12 (6) home-delivered meals; 13 (7) education in self-care; 14 (8) personal care services; 15 (9) adult day health services; 16 (10) habilitation services; 17 (11) respite care; or 18 (12) other nonmedical social services that may 19 enable the person to become self-supporting. 20 The Department shall establish eligibility standards for 21 such services taking into consideration the unique economic 22 and social needs of the population for whom they are to be 23 provided. Such eligibility standards may be based on the 24 recipient's ability to pay for services; provided, however, 25 that any portion of a person's income that is equal to or 26 less than the "protected income" level shall not be 27 considered by the Department in determining eligibility. The 28 "protected income" level shall be determined by the 29 Department, shall never be less than the federal poverty 30 standard, and shall be adjusted each year to reflect changes 31 in the Consumer Price Index For All Urban Consumers as 32 determined by the United States Department of Labor. 33 Additionally, in determining the amount and nature of 34 services for which a person may qualify, consideration shall HB4961 Engrossed -10- LRB9214126AGmb 1 not be given to the value of cash, property or other assets 2 held in the name of the person's spouse pursuant to a written 3 agreement dividing marital property into equal but separate 4 shares or pursuant to a transfer of the person's interest in 5 a home to his spouse, provided that the spouse's share of the 6 marital property is not made available to the person seeking 7 such services. 8 The services shall be provided to eligible persons to 9 prevent unnecessary or premature institutionalization, to the 10 extent that the cost of the services, together with the other 11 personal maintenance expenses of the persons, are reasonably 12 related to the standards established for care in a group 13 facility appropriate to their condition. These 14 non-institutional services, pilot projects or experimental 15 facilities may be provided as part of or in addition to those 16 authorized by federal law or those funded and administered by 17 the Illinois Department on Aging. 18 Personal care attendants shall be paid: 19 (i) A $5 per hour minimum rate beginning July 1, 20 1995. 21 (ii) A $5.30 per hour minimum rate beginning July 22 1, 1997. 23 (iii) A $5.40 per hour minimum rate beginning July 24 1, 1998. 25 (iv) A $6 per hour minimum rate beginning July 1, 26 2000. 27 (v) A $7 per hour minimum rate beginning January 1, 28 2002. 29 (vi) An $8 per hour minimum rate beginning July 1, 30 2002. 31 The Department shall execute, relative to the nursing 32 home prescreening project, as authorized by Section 4.03 of 33 the Illinois Act on the Aging, written inter-agency 34 agreements with the Department on Aging and the Department of HB4961 Engrossed -11- LRB9214126AGmb 1 Public Aid, to effect the following: (i) intake procedures 2 and common eligibility criteria for those persons who are 3 receiving non-institutional services; and (ii) the 4 establishment and development of non-institutional services 5 in areas of the State where they are not currently available 6 or are undeveloped. On and after July 1, 1996, all nursing 7 home prescreenings for individuals 18 through 59 years of age 8 shall be conducted by the Department. 9 The Department is authorized to establish a system of 10 recipient cost-sharing for services provided under this 11 Section. The cost-sharing shall be based upon the 12 recipient's ability to pay for services, but in no case shall 13 the recipient's share exceed the actual cost of the services 14 provided. Protected income shall not be considered by the 15 Department in its determination of the recipient's ability to 16 pay a share of the cost of services. The level of 17 cost-sharing shall be adjusted each year to reflect changes 18 in the "protected income" level. The Department shall deduct 19 from the recipient's share of the cost of services any money 20 expended by the recipient for disability-related expenses. 21 The Department, or the Department's authorized 22 representative, shall recover the amount of moneys expended 23 for services provided to or in behalf of a person under this 24 Section by a claim against the person's estate or against the 25 estate of the person's surviving spouse, but no recovery may 26 be had until after the death of the surviving spouse, if any, 27 and then only at such time when there is no surviving child 28 who is under age 21, blind, or permanently and totally 29 disabled. This paragraph, however, shall not bar recovery, 30 at the death of the person, of moneys for services provided 31 to the person or in behalf of the person under this Section 32 to which the person was not entitled; provided that such 33 recovery shall not be enforced against any real estate while 34 it is occupied as a homestead by the surviving spouse or HB4961 Engrossed -12- LRB9214126AGmb 1 other dependent, if no claims by other creditors have been 2 filed against the estate, or, if such claims have been filed, 3 they remain dormant for failure of prosecution or failure of 4 the claimant to compel administration of the estate for the 5 purpose of payment. This paragraph shall not bar recovery 6 from the estate of a spouse, under Sections 1915 and 1924 of 7 the Social Security Act and Section 5-4 of the Illinois 8 Public Aid Code, who precedes a person receiving services 9 under this Section in death. All moneys for services paid to 10 or in behalf of the person under this Section shall be 11 claimed for recovery from the deceased spouse's estate. 12 "Homestead", as used in this paragraph, means the dwelling 13 house and contiguous real estate occupied by a surviving 14 spouse or relative, as defined by the rules and regulations 15 of the Illinois Department of Public Aid, regardless of the 16 value of the property. 17 The Department and the Department on Aging shall 18 cooperate in the development and submission of an annual 19 report on programs and services provided under this Section. 20 Such joint report shall be filed with the Governor and the 21 General Assembly on or before March 30 each year. 22 The requirement for reporting to the General Assembly 23 shall be satisfied by filing copies of the report with the 24 Speaker, the Minority Leader and the Clerk of the House of 25 Representatives and the President, the Minority Leader and 26 the Secretary of the Senate and the Legislative Research 27 Unit, as required by Section 3.1 of the General Assembly 28 Organization Act, and filing additional copies with the State 29 Government Report Distribution Center for the General 30 Assembly as required under paragraph (t) of Section 7 of the 31 State Library Act. 32 (g) To establish such subdivisions of the Department as 33 shall be desirable and assign to the various subdivisions the 34 responsibilities and duties placed upon the Department by HB4961 Engrossed -13- LRB9214126AGmb 1 law. 2 (h) To cooperate and enter into any necessary agreements 3 with the Department of Employment Security for the provision 4 of job placement and job referral services to clients of the 5 Department, including job service registration of such 6 clients with Illinois Employment Security offices and making 7 job listings maintained by the Department of Employment 8 Security available to such clients. 9 (i) To possess all powers reasonable and necessary for 10 the exercise and administration of the powers, duties and 11 responsibilities of the Department which are provided for by 12 law. 13 (j) To establish a procedure whereby new providers of 14 personal care attendant services shall submit vouchers to the 15 State for payment two times during their first month of 16 employment and one time per month thereafter. In no case 17 shall the Department pay personal care attendants an hourly 18 wage that is less than the federal minimum wage. 19 (k) To provide adequate notice to providers of chore and 20 housekeeping services informing them that they are entitled 21 to an interest payment on bills which are not promptly paid 22 pursuant to Section 3 of the State Prompt Payment Act. 23 (l) To establish, operate and maintain a Statewide 24 Housing Clearinghouse of information on available, government 25 subsidized housing accessible to disabled persons and 26 available privately owned housing accessible to disabled 27 persons. The information shall include but not be limited to 28 the location, rental requirements, access features and 29 proximity to public transportation of available housing. The 30 Clearinghouse shall consist of at least a computerized 31 database for the storage and retrieval of information and a 32 separate or shared toll free telephone number for use by 33 those seeking information from the Clearinghouse. Department 34 offices and personnel throughout the State shall also assist HB4961 Engrossed -14- LRB9214126AGmb 1 in the operation of the Statewide Housing Clearinghouse. 2 Cooperation with local, State and federal housing managers 3 shall be sought and extended in order to frequently and 4 promptly update the Clearinghouse's information. 5 (m) To assure that the names and case records of persons 6 who received or are receiving services from the Department, 7 including persons receiving vocational rehabilitation, home 8 services, or other services, and those attending one of the 9 Department's schools or other supervised facility shall be 10 confidential and not be open to the general public. Those 11 case records and reports or the information contained in 12 those records and reports shall be disclosed by the Director 13 only to proper law enforcement officials, individuals 14 authorized by a court, the General Assembly or any committee 15 or commission of the General Assembly, and other persons and 16 for reasons as the Director designates by rule. Disclosure 17 by the Director may be only in accordance with other 18 applicable law. 19 (Source: P.A. 91-540, eff. 8-13-99; 92-84, eff. 7-1-02.) 20 Section 99. Effective date. This Act takes effect July 21 1, 2002.