Public Act 094-0269
Public Act 0269 94TH GENERAL ASSEMBLY
|
|
Public Act 094-0269
|
| HB3851 Enrolled |
LRB094 10788 RSP 41249 b |
|
| AN ACT concerning state government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Act on the Aging is amended by | changing Section 4.02 as follows:
| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| Sec. 4.02. The Department shall establish a program of | services to
prevent unnecessary institutionalization of | persons age 60 and older in
need of long term care or who are | established as persons who suffer from
Alzheimer's disease or a | related disorder under the Alzheimer's Disease
Assistance Act, | thereby enabling them
to remain in their own homes or in other | living arrangements. Such
preventive services, which may be | coordinated with other programs for the
aged and monitored by | area agencies on aging in cooperation with the
Department, may | include, but are not limited to, any or all of the following:
| (a) home health services;
| (b) home nursing services;
| (c) homemaker services;
| (d) chore and housekeeping services;
| (e) day care services;
| (f) home-delivered meals;
| (g) education in self-care;
| (h) personal care services;
| (i) adult day health services;
| (j) habilitation services;
| (k) respite care;
| (k-5) community reintegration services;
| (l) other nonmedical social services that may enable | the person
to become self-supporting; or
| (m) clearinghouse for information provided by senior | citizen home owners
who want to rent rooms to or share |
| living space with other senior citizens.
| The Department shall establish eligibility standards for | such
services taking into consideration the unique economic and | social needs
of the target population for whom they are to be | provided. Such eligibility
standards shall be based on the | recipient's ability to pay for services;
provided, however, | that in determining the amount and nature of services
for which | a person may qualify, consideration shall not be given to the
| value of cash, property or other assets held in the name of the | person's
spouse pursuant to a written agreement dividing | marital property into equal
but separate shares or pursuant to | a transfer of the person's interest in a
home to his spouse, | provided that the spouse's share of the marital
property is not | made available to the person seeking such services.
| Beginning July 1, 2002, the Department shall require as a | condition of
eligibility that all financially eligible | applicants and recipients apply
for medical assistance
under | Article V of the Illinois Public Aid Code in accordance with | rules
promulgated by the Department.
| The Department shall, in conjunction with the Department of | Public Aid,
seek appropriate amendments under Sections 1915 and | 1924 of the Social
Security Act. The purpose of the amendments | shall be to extend eligibility
for home and community based | services under Sections 1915 and 1924 of the
Social Security | Act to persons who transfer to or for the benefit of a
spouse | those amounts of income and resources allowed under Section | 1924 of
the Social Security Act. Subject to the approval of | such amendments, the
Department shall extend the provisions of | Section 5-4 of the Illinois
Public Aid Code to persons who, but | for the provision of home or
community-based services, would | require the level of care provided in an
institution, as is | provided for in federal law. Those persons no longer
found to | be eligible for receiving noninstitutional services due to | changes
in the eligibility criteria shall be given 60 days | notice prior to actual
termination. Those persons receiving | notice of termination may contact the
Department and request |
| the determination be appealed at any time during the
60 day | notice period. With the exception of the lengthened notice and | time
frame for the appeal request, the appeal process shall | follow the normal
procedure. In addition, each person affected | regardless of the
circumstances for discontinued eligibility | shall be given notice and the
opportunity to purchase the | necessary services through the Community Care
Program. If the | individual does not elect to purchase services, the
Department | shall advise the individual of alternative services. The target
| population identified for the purposes of this Section are | persons age 60
and older with an identified service need. | Priority shall be given to those
who are at imminent risk of | institutionalization. The services shall be
provided to | eligible persons age 60 and older to the extent that the cost
| of the services together with the other personal maintenance
| expenses of the persons are reasonably related to the standards
| established for care in a group facility appropriate to the | person's
condition. These non-institutional services, pilot | projects or
experimental facilities may be provided as part of | or in addition to
those authorized by federal law or those | funded and administered by the
Department of Human Services. | The Departments of Human Services, Public Aid,
Public Health, | Veterans' Affairs, and Commerce and Economic Opportunity and
| other appropriate agencies of State, federal and local | governments shall
cooperate with the Department on Aging in the | establishment and development
of the non-institutional | services. The Department shall require an annual
audit from all | chore/housekeeping and homemaker vendors contracting with
the | Department under this Section. The annual audit shall assure | that each
audited vendor's procedures are in compliance with | Department's financial
reporting guidelines requiring a 27% | administrative cost split and a 73%
employee wages and benefits | cost split. The audit is a public record under
the Freedom of | Information Act. The Department shall execute, relative to
the | nursing home prescreening project, written inter-agency
| agreements with the Department of Human Services and the |
| Department
of Public Aid, to effect the following: (1) intake | procedures and common
eligibility criteria for those persons | who are receiving non-institutional
services; and (2) the | establishment and development of non-institutional
services in | areas of the State where they are not currently available or | are
undeveloped. On and after July 1, 1996, all nursing home | prescreenings for
individuals 60 years of age or older shall be | conducted by the Department.
| The Department is authorized to establish a system of | recipient copayment
for services provided under this Section, | such copayment to be based upon
the recipient's ability to pay | but in no case to exceed the actual cost of
the services | provided. Additionally, any portion of a person's income which
| is equal to or less than the federal poverty standard shall not | be
considered by the Department in determining the copayment. | The level of
such copayment shall be adjusted whenever | necessary to reflect any change
in the officially designated | federal poverty standard.
| The Department, or the Department's authorized | representative, shall
recover the amount of moneys expended for | services provided to or in
behalf of a person under this | Section by a claim against the person's
estate or against the | estate of the person's surviving spouse, but no
recovery may be | had until after the death of the surviving spouse, if
any, and | then only at such time when there is no surviving child who
is | under age 21, blind, or permanently and totally disabled. This
| paragraph, however, shall not bar recovery, at the death of the | person, of
moneys for services provided to the person or in | behalf of the person under
this Section to which the person was | not entitled;
provided that such recovery shall not be enforced | against any real estate while
it is occupied as a homestead by | the surviving spouse or other dependent, if no
claims by other | creditors have been filed against the estate, or, if such
| claims have been filed, they remain dormant for failure of | prosecution or
failure of the claimant to compel administration | of the estate for the purpose
of payment. This paragraph shall |
| not bar recovery from the estate of a spouse,
under Sections | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| Illinois Public Aid Code, who precedes a person receiving | services under this
Section in death. All moneys for services
| paid to or in behalf of the person under this Section shall be | claimed for
recovery from the deceased spouse's estate. | "Homestead", as used
in this paragraph, means the dwelling | house and
contiguous real estate occupied by a surviving spouse
| or relative, as defined by the rules and regulations of the | Illinois Department
of Public Aid, regardless of the value of | the property.
| The Department shall develop procedures to enhance | availability of
services on evenings, weekends, and on an | emergency basis to meet the
respite needs of caregivers. | Procedures shall be developed to permit the
utilization of | services in successive blocks of 24 hours up to the monthly
| maximum established by the Department. Workers providing these | services
shall be appropriately trained.
| Beginning on the effective date of this Amendatory Act of | 1991, no person
may perform chore/housekeeping and homemaker | services under a program
authorized by this Section unless that | person has been issued a certificate
of pre-service to do so by | his or her employing agency. Information
gathered to effect | such certification shall include (i) the person's name,
(ii) | the date the person was hired by his or her current employer, | and
(iii) the training, including dates and levels. Persons | engaged in the
program authorized by this Section before the | effective date of this
amendatory Act of 1991 shall be issued a | certificate of all pre- and
in-service training from his or her | employer upon submitting the necessary
information. The | employing agency shall be required to retain records of
all | staff pre- and in-service training, and shall provide such | records to
the Department upon request and upon termination of | the employer's contract
with the Department. In addition, the | employing agency is responsible for
the issuance of | certifications of in-service training completed to their
|
| employees.
| The Department is required to develop a system to ensure | that persons
working as homemakers and chore housekeepers | receive increases in their
wages when the federal minimum wage | is increased by requiring vendors to
certify that they are | meeting the federal minimum wage statute for homemakers
and | chore housekeepers. An employer that cannot ensure that the | minimum
wage increase is being given to homemakers and chore | housekeepers
shall be denied any increase in reimbursement | costs.
| The Community Care Program Advisory Committee is created in | the Department on Aging. The Director shall appoint individuals | to serve in the Committee, who shall serve at their own | expense. Members of the Committee must abide by all applicable | ethics laws. The Committee shall advise the Department on | issues related to the Department's program of services to | prevent unnecessary institutionalization. The Committee shall | meet on a bi-monthly basis and shall serve to identify and | advise the Department on present and potential issues affecting | the service delivery network, the program's clients, and the | Department and to recommend solution strategies. Persons | appointed to the Committee shall be appointed on, but not | limited to, their own and their agency's experience with the | program, geographic representation, and willingness to serve. | The Committee shall include, but not be limited to, | representatives from the following agencies and organizations: | (a) at least 4 adult day service representatives; | (b) at least 4 case coordination unit representatives; | (c) at least 4 representatives from in-home direct care | service agencies; | (d) at least 2 representatives of statewide trade or | labor unions that represent in-home direct care service | staff;
| (e) at least 2 representatives of Area Agencies on | Aging; | (f) at least 2 non-provider representatives from a |
| policy, advocacy, research, or other service organization; | (g) at least 2 representatives from a statewide | membership organization for senior citizens; and | (h) at least 2 citizen members 60 years of age or | older. | Nominations may be presented from any agency or State | association with interest in the program. The Director, or his | or her designee, shall serve as the permanent co-chair of the | advisory committee. One other co-chair shall be nominated and | approved by the members of the committee on an annual basis. | Committee members' terms of appointment shall be for 4 years | with one-quarter of the appointees' terms expiring each year. | At no time may a member serve more than one consecutive term in | any capacity on the committee. The Department shall fill | vacancies that have a remaining term of over one year, and this | replacement shall occur through the annual replacement of | expiring terms. The Director shall designate Department staff | to provide technical assistance and staff support to the | committee. Department representation shall not constitute | membership of the committee. All Committee papers, issues, | recommendations, reports, and meeting memoranda are advisory | only. The Director, or his or her designee, shall make a | written report, as requested by the Committee, regarding issues | before the Committee.
| The Department on Aging and the Department of Human | Services
shall cooperate in the development and submission of | an annual report on
programs and services provided under this | Section. Such joint report
shall be filed with the Governor and | the General Assembly on or before
September 30 each year.
| The requirement for reporting to the General Assembly shall | be satisfied
by filing copies of the report with the Speaker, | the Minority Leader and
the Clerk of the House of | Representatives and the President, the Minority
Leader and the | Secretary of the Senate and the Legislative Research Unit,
as | required by Section 3.1 of the General Assembly Organization | Act and
filing such additional copies with the State Government |
| Report Distribution
Center for the General Assembly as is | required under paragraph (t) of
Section 7 of the State Library | Act.
| Those persons previously found eligible for receiving | non-institutional
services whose services were discontinued | under the Emergency Budget Act of
Fiscal Year 1992, and who do | not meet the eligibility standards in effect
on or after July | 1, 1992, shall remain ineligible on and after July 1,
1992. | Those persons previously not required to cost-share and who | were
required to cost-share effective March 1, 1992, shall | continue to meet
cost-share requirements on and after July 1, | 1992. Beginning July 1, 1992,
all clients will be required to | meet
eligibility, cost-share, and other requirements and will | have services
discontinued or altered when they fail to meet | these requirements.
| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, | eff. 8-10-04.)
| Section 99. Effective date. This Act takes effect July 1, | 2005.
|
Effective Date: 7/19/2005
|
Translate
