Bill Text: IL HB5628 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Disabled Persons Rehabilitation Act. In provisions concerning personal assistants contained in Public Acts 97-732 and 97-1019, provides that any person providing services as a personal assistant under the Department of Human Services' Home Services Program shall complete standardized training as determined by the Department before enrollment under the Program. Provides that the training must be available in languages other than English and to those who need accommodations due to disabilities; and that personal assistant training must include successful completion of the following training components: basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, and basic roles and responsibilities of personal assistants including information about assistance with lifting and transfers for Program recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets. Provides that upon completion of the training components, the personal assistant must demonstrate the competency to provide assistance to Program recipients. Adds similar requirements to provisions concerning home care and home health workers who function as personal care attendants, personal assistants, or individual maintenance home health workers contained in Public Act 97-1158. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5628 Detail]
Download: Illinois-2013-HB5628-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Disabled Persons Rehabilitation Act is | ||||||||||||||||||||||||
5 | amended by changing Section 3 as follows:
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6 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
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7 | (Text of Section from P.A. 97-732 and 97-1019) | ||||||||||||||||||||||||
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 Rehabilitation | ||||||||||||||||||||||||
12 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||||||||||||||||||||
13 | 1998,
and of the federal Social Security Act to the extent and | ||||||||||||||||||||||||
14 | in the manner
provided in these Acts.
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15 | (b) To prescribe and supervise such courses of vocational | ||||||||||||||||||||||||
16 | training
and provide such other services as may be necessary | ||||||||||||||||||||||||
17 | for the habilitation
and rehabilitation of persons with one or | ||||||||||||||||||||||||
18 | more disabilities, including the
administrative activities | ||||||||||||||||||||||||
19 | under subsection (e) of this Section, and to
co-operate with | ||||||||||||||||||||||||
20 | State and local school authorities and other recognized
| ||||||||||||||||||||||||
21 | agencies engaged in habilitation, rehabilitation and | ||||||||||||||||||||||||
22 | comprehensive
rehabilitation services; and to cooperate with | ||||||||||||||||||||||||
23 | the Department of Children
and Family Services regarding the |
| |||||||
| |||||||
1 | care and education of children with one
or more disabilities.
| ||||||
2 | (c) (Blank).
| ||||||
3 | (d) To report in writing, to the Governor, annually on or | ||||||
4 | before the
first day of December, and at such other times and | ||||||
5 | in such manner and
upon such subjects as the Governor may | ||||||
6 | require. The annual report shall
contain (1) a statement of the | ||||||
7 | existing condition of comprehensive
rehabilitation services, | ||||||
8 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
9 | of suggestions and recommendations with reference to the
| ||||||
10 | development of comprehensive rehabilitation services, | ||||||
11 | habilitation and
rehabilitation in the State; and (3) an | ||||||
12 | itemized statement of the
amounts of money received from | ||||||
13 | federal, State and other sources, and of
the objects and | ||||||
14 | purposes to which the respective items of these several
amounts | ||||||
15 | have been devoted.
| ||||||
16 | (e) (Blank).
| ||||||
17 | (f) To establish a program of services to prevent the | ||||||
18 | unnecessary
institutionalization of persons in need of long | ||||||
19 | term care and who meet the criteria for blindness or disability | ||||||
20 | as defined by the Social Security Act, thereby enabling them to
| ||||||
21 | remain in their own homes. Such preventive
services include any | ||||||
22 | or all of the following:
| ||||||
23 | (1) personal assistant services;
| ||||||
24 | (2) homemaker services;
| ||||||
25 | (3) home-delivered meals;
| ||||||
26 | (4) adult day care services;
|
| |||||||
| |||||||
1 | (5) respite care;
| ||||||
2 | (6) home modification or assistive equipment;
| ||||||
3 | (7) home health services;
| ||||||
4 | (8) electronic home response;
| ||||||
5 | (9) brain injury behavioral/cognitive services;
| ||||||
6 | (10) brain injury habilitation;
| ||||||
7 | (11) brain injury pre-vocational services; or
| ||||||
8 | (12) brain injury supported employment.
| ||||||
9 | The Department shall establish eligibility
standards for | ||||||
10 | such services taking into consideration the unique
economic and | ||||||
11 | social needs of the population for whom they are to
be | ||||||
12 | provided. Such eligibility standards may be based on the | ||||||
13 | recipient's
ability to pay for services; provided, however, | ||||||
14 | that any portion of a
person's income that is equal to or less | ||||||
15 | than the "protected income" level
shall not be considered by | ||||||
16 | the Department in determining eligibility. The
"protected | ||||||
17 | income" level shall be determined by the Department, shall | ||||||
18 | never be
less than the federal poverty standard, and shall be | ||||||
19 | adjusted each year to
reflect changes in the Consumer Price | ||||||
20 | Index For All Urban Consumers as
determined by the United | ||||||
21 | States Department of Labor. The standards must
provide that a | ||||||
22 | person may not have more than $10,000 in assets to be eligible | ||||||
23 | for the services, and the Department may increase or decrease | ||||||
24 | the asset limitation by rule. The Department may not decrease | ||||||
25 | the asset level below $10,000.
| ||||||
26 | The services shall be provided, as established by the
|
| |||||||
| |||||||
1 | Department by rule, to eligible persons
to prevent unnecessary | ||||||
2 | or premature institutionalization, to
the extent that the cost | ||||||
3 | of the services, together with the
other personal maintenance | ||||||
4 | expenses of the persons, are reasonably
related to the | ||||||
5 | standards established for care in a group facility
appropriate | ||||||
6 | to their condition. These non-institutional
services, pilot | ||||||
7 | projects or experimental facilities may be provided as part of
| ||||||
8 | or in addition to those authorized by federal law or those | ||||||
9 | funded and
administered by the Illinois Department on Aging. | ||||||
10 | The Department shall set rates and fees for services in a fair | ||||||
11 | and equitable manner. Services identical to those offered by | ||||||
12 | the Department on Aging shall be paid at the same rate.
| ||||||
13 | Personal assistants shall be paid at a rate negotiated
| ||||||
14 | between the State and an exclusive representative of personal
| ||||||
15 | assistants under a collective bargaining agreement. In no case
| ||||||
16 | shall the Department pay personal assistants an hourly wage
| ||||||
17 | that is less than the federal minimum wage.
| ||||||
18 | Solely for the purposes of coverage under the Illinois | ||||||
19 | Public Labor
Relations
Act
(5 ILCS 315/), personal assistants | ||||||
20 | providing
services under
the Department's Home Services | ||||||
21 | Program shall be considered to be public
employees
and the | ||||||
22 | State of Illinois shall be considered to be their employer as | ||||||
23 | of the
effective date of
this amendatory Act of the 93rd | ||||||
24 | General Assembly, but not before. The State
shall
engage in | ||||||
25 | collective bargaining with an exclusive representative of | ||||||
26 | personal assistants working under the Home Services Program
|
| |||||||
| |||||||
1 | concerning
their terms and conditions of employment that are | ||||||
2 | within the State's control.
Nothing in
this paragraph shall be | ||||||
3 | understood to limit the right of the persons receiving
services
| ||||||
4 | defined in this Section to hire and fire
personal assistants
or | ||||||
5 | supervise them within the limitations set by the Home Services | ||||||
6 | Program. The
State
shall not be considered to be the employer | ||||||
7 | of
personal
assistants for any purposes not specifically | ||||||
8 | provided in this amendatory Act of
the 93rd
General Assembly, | ||||||
9 | including but not limited to, purposes of vicarious liability
| ||||||
10 | in tort and
purposes of statutory retirement or health | ||||||
11 | insurance benefits. Personal assistants shall not be covered by | ||||||
12 | the State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| ||||||
13 | Any person providing services as a personal assistant under | ||||||
14 | the Department's Home Services Program shall complete | ||||||
15 | standardized training as determined by the Department before | ||||||
16 | enrollment under the Program. The training must be available in | ||||||
17 | languages other than English and to those who need | ||||||
18 | accommodations due to disabilities. Personal assistant | ||||||
19 | training must include successful completion of the following | ||||||
20 | training components: basic first aid, vulnerable adult, child | ||||||
21 | maltreatment, OSHA universal precautions, and basic roles and | ||||||
22 | responsibilities of personal assistants including information | ||||||
23 | about assistance with lifting and transfers for Program | ||||||
24 | recipients, emergency preparedness, orientation to positive | ||||||
25 | behavioral practices, fraud issues, and completion of time | ||||||
26 | sheets. Upon completion of the training components, the |
| |||||||
| |||||||
1 | personal assistant must demonstrate the competency to provide | ||||||
2 | assistance to Program recipients. | ||||||
3 | The Department shall execute, relative to nursing home | ||||||
4 | prescreening, as authorized by Section 4.03 of the Illinois Act | ||||||
5 | on the Aging,
written inter-agency agreements with the | ||||||
6 | Department on Aging and
the Department of Healthcare and Family | ||||||
7 | Services , to effect the intake procedures
and eligibility | ||||||
8 | criteria for those persons who may need long term care. On and | ||||||
9 | after July 1, 1996, all nursing
home prescreenings for | ||||||
10 | individuals 18 through 59 years of age shall be
conducted by | ||||||
11 | the Department, or a designee of the
Department.
| ||||||
12 | The Department is authorized to establish a system of | ||||||
13 | recipient cost-sharing
for services provided under this | ||||||
14 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
15 | ability to pay for services, but in no case shall the
| ||||||
16 | recipient's share exceed the actual cost of the services | ||||||
17 | provided. Protected
income shall not be considered by the | ||||||
18 | Department in its determination of the
recipient's ability to | ||||||
19 | pay a share of the cost of services. The level of
cost-sharing | ||||||
20 | shall be adjusted each year to reflect changes in the | ||||||
21 | "protected
income" level. The Department shall deduct from the | ||||||
22 | recipient's share of the
cost of services any money expended by | ||||||
23 | the recipient for disability-related
expenses.
| ||||||
24 | To the extent permitted under the federal Social Security | ||||||
25 | Act, the Department, or the Department's authorized | ||||||
26 | representative, may recover
the amount of moneys expended for |
| |||||||
| |||||||
1 | services provided to or in behalf of a person
under this | ||||||
2 | Section by a claim against the person's estate or against the | ||||||
3 | estate
of the person's surviving spouse, but no recovery may be | ||||||
4 | had until after the
death of the surviving spouse, if any, and | ||||||
5 | then only at such time when there is
no surviving child who is | ||||||
6 | under age 21, blind, or permanently and totally
disabled. This | ||||||
7 | paragraph, however, shall not bar recovery, at the death of the
| ||||||
8 | person, of moneys for services provided to the person or in | ||||||
9 | behalf of the
person under this Section to which the person was | ||||||
10 | not entitled; provided that
such recovery shall not be enforced | ||||||
11 | against any real estate while
it is occupied as a homestead by | ||||||
12 | the surviving spouse or other dependent, if no
claims by other | ||||||
13 | creditors have been filed against the estate, or, if such
| ||||||
14 | claims have been filed, they remain dormant for failure of | ||||||
15 | prosecution or
failure of the claimant to compel administration | ||||||
16 | of the estate for the purpose
of payment. This paragraph shall | ||||||
17 | not bar recovery from the estate of a spouse,
under Sections | ||||||
18 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
19 | Illinois Public Aid Code, who precedes a person receiving | ||||||
20 | services under this
Section in death. All moneys for services
| ||||||
21 | paid to or in behalf of the person under this Section shall be | ||||||
22 | claimed for
recovery from the deceased spouse's estate. | ||||||
23 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
24 | house and
contiguous real estate occupied by a surviving spouse | ||||||
25 | or relative, as defined
by the rules and regulations of the | ||||||
26 | Department of Healthcare and Family Services,
regardless of the |
| |||||||
| |||||||
1 | value of the property.
| ||||||
2 | The Department shall submit an annual report on programs | ||||||
3 | and
services provided under this Section. The report shall be | ||||||
4 | filed
with the Governor and the General Assembly on or before | ||||||
5 | March
30
each year.
| ||||||
6 | The requirement for reporting to the General Assembly shall | ||||||
7 | be satisfied
by filing copies of the report with the Speaker, | ||||||
8 | the Minority Leader and
the Clerk of the House of | ||||||
9 | Representatives and the President, the Minority
Leader and the | ||||||
10 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
11 | required by Section 3.1 of the General Assembly Organization | ||||||
12 | Act, and filing
additional copies with the State
Government | ||||||
13 | Report Distribution Center for the General Assembly as
required | ||||||
14 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
15 | (g) To establish such subdivisions of the Department
as | ||||||
16 | shall be desirable and assign to the various subdivisions the
| ||||||
17 | responsibilities and duties placed upon the Department by law.
| ||||||
18 | (h) To cooperate and enter into any necessary agreements | ||||||
19 | with the
Department of Employment Security for the provision of | ||||||
20 | job placement and
job referral services to clients of the | ||||||
21 | Department, including job
service registration of such clients | ||||||
22 | with Illinois Employment Security
offices and making job | ||||||
23 | listings maintained by the Department of Employment
Security | ||||||
24 | available to such clients.
| ||||||
25 | (i) To possess all powers reasonable and necessary for
the | ||||||
26 | exercise and administration of the powers, duties and
|
| |||||||
| |||||||
1 | responsibilities of the Department which are provided for by | ||||||
2 | law.
| ||||||
3 | (j) (Blank).
| ||||||
4 | (k) (Blank).
| ||||||
5 | (l) To establish, operate and maintain a Statewide Housing | ||||||
6 | Clearinghouse
of information on available, government | ||||||
7 | subsidized housing accessible to
disabled persons and | ||||||
8 | available privately owned housing accessible to
disabled | ||||||
9 | persons. The information shall include but not be limited to | ||||||
10 | the
location, rental requirements, access features and | ||||||
11 | proximity to public
transportation of available housing. The | ||||||
12 | Clearinghouse shall consist
of at least a computerized database | ||||||
13 | for the storage and retrieval of
information and a separate or | ||||||
14 | shared toll free telephone number for use by
those seeking | ||||||
15 | information from the Clearinghouse. Department offices and
| ||||||
16 | personnel throughout the State shall also assist in the | ||||||
17 | operation of the
Statewide Housing Clearinghouse. Cooperation | ||||||
18 | with local, State and federal
housing managers shall be sought | ||||||
19 | and extended in order to frequently and
promptly update the | ||||||
20 | Clearinghouse's information.
| ||||||
21 | (m) To assure that the names and case records of persons | ||||||
22 | who received or
are
receiving services from the Department, | ||||||
23 | including persons receiving vocational
rehabilitation, home | ||||||
24 | services, or other services, and those attending one of
the | ||||||
25 | Department's schools or other supervised facility shall be | ||||||
26 | confidential and
not be open to the general public. Those case |
| |||||||
| |||||||
1 | records and reports or the
information contained in those | ||||||
2 | records and reports shall be disclosed by the
Director only to | ||||||
3 | proper law enforcement officials, individuals authorized by a
| ||||||
4 | court, the General Assembly or any committee or commission of | ||||||
5 | the General
Assembly, and other persons and for reasons as the | ||||||
6 | Director designates by rule.
Disclosure by the Director may be | ||||||
7 | only in accordance with other applicable
law.
| ||||||
8 | (Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12; | ||||||
9 | revised 8-23-12.)
| ||||||
10 | (Text of Section from P.A. 97-732 and 97-1158)
| ||||||
11 | Sec. 3. Powers and duties. The Department shall have the | ||||||
12 | powers and
duties enumerated
herein:
| ||||||
13 | (a) To co-operate with the federal government in the | ||||||
14 | administration
of the provisions of the federal Rehabilitation | ||||||
15 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||
16 | 1998,
and of the federal Social Security Act to the extent and | ||||||
17 | in the manner
provided in these Acts.
| ||||||
18 | (b) To prescribe and supervise such courses of vocational | ||||||
19 | training
and provide such other services as may be necessary | ||||||
20 | for the habilitation
and rehabilitation of persons with one or | ||||||
21 | more disabilities, including the
administrative activities | ||||||
22 | under subsection (e) of this Section, and to
co-operate with | ||||||
23 | State and local school authorities and other recognized
| ||||||
24 | agencies engaged in habilitation, rehabilitation and | ||||||
25 | comprehensive
rehabilitation services; and to cooperate with |
| |||||||
| |||||||
1 | the Department of Children
and Family Services regarding the | ||||||
2 | care and education of children with one
or more disabilities.
| ||||||
3 | (c) (Blank).
| ||||||
4 | (d) To report in writing, to the Governor, annually on or | ||||||
5 | before the
first day of December, and at such other times and | ||||||
6 | in such manner and
upon such subjects as the Governor may | ||||||
7 | require. The annual report shall
contain (1) a statement of the | ||||||
8 | existing condition of comprehensive
rehabilitation services, | ||||||
9 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
10 | of suggestions and recommendations with reference to the
| ||||||
11 | development of comprehensive rehabilitation services, | ||||||
12 | habilitation and
rehabilitation in the State; and (3) an | ||||||
13 | itemized statement of the
amounts of money received from | ||||||
14 | federal, State and other sources, and of
the objects and | ||||||
15 | purposes to which the respective items of these several
amounts | ||||||
16 | have been devoted.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) To establish a program of services to prevent | ||||||
19 | unnecessary
institutionalization of persons with Alzheimer's | ||||||
20 | disease and related
disorders or persons in need of long term | ||||||
21 | care who are established as blind
or disabled as defined by the | ||||||
22 | Social Security Act, thereby enabling them to
remain in their | ||||||
23 | own homes or other living arrangements. Such preventive
| ||||||
24 | services may include, but are not limited to, any or all of the | ||||||
25 | following:
| ||||||
26 | (1) home health services;
|
| |||||||
| |||||||
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 enable | ||||||
12 | the person to
become self-supporting.
| ||||||
13 | The Department shall establish eligibility
standards for | ||||||
14 | such services taking into consideration the unique
economic and | ||||||
15 | 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 less | ||||||
19 | than the "protected income" level
shall not be considered by | ||||||
20 | the Department in determining eligibility. The
"protected | ||||||
21 | income" level shall be determined by the Department, shall | ||||||
22 | never be
less than the federal poverty standard, and shall be | ||||||
23 | adjusted each year to
reflect changes in the Consumer Price | ||||||
24 | Index For All Urban Consumers as
determined by the United | ||||||
25 | States Department of Labor. The standards must
provide that a | ||||||
26 | person may have not more than $10,000 in assets to be eligible |
| |||||||
| |||||||
1 | for the services, and the Department may increase the asset | ||||||
2 | limitation by rule. Additionally, in
determining the amount and | ||||||
3 | nature of services for which a person may qualify,
| ||||||
4 | consideration shall not be given to the value of cash, property | ||||||
5 | or other assets
held in the name of the person's spouse | ||||||
6 | pursuant to a written agreement
dividing marital property into | ||||||
7 | equal but separate shares or pursuant to a
transfer of the | ||||||
8 | person's interest in a home to his spouse, provided that the
| ||||||
9 | spouse's share of the marital property is not made available to | ||||||
10 | the person
seeking such services.
| ||||||
11 | The services shall be provided to eligible persons
to | ||||||
12 | prevent unnecessary or premature institutionalization, to
the | ||||||
13 | extent that the cost of the services, together with the
other | ||||||
14 | personal maintenance expenses of the persons, are reasonably
| ||||||
15 | related to the standards established for care in a group | ||||||
16 | facility
appropriate to their condition. These | ||||||
17 | non-institutional
services, pilot projects or experimental | ||||||
18 | facilities may be provided as part of
or in addition to those | ||||||
19 | authorized by federal law or those funded and
administered by | ||||||
20 | the Illinois Department on Aging. The Department shall set | ||||||
21 | rates and fees for services in a fair and equitable manner. | ||||||
22 | Services identical to those offered by the Department on Aging | ||||||
23 | shall be paid at the same rate.
| ||||||
24 | Personal care attendants shall be paid:
| ||||||
25 | (i) A $5 per hour minimum rate beginning July 1, 1995.
| ||||||
26 | (ii) A $5.30 per hour minimum rate beginning July 1, |
| |||||||
| |||||||
1 | 1997.
| ||||||
2 | (iii) A $5.40 per hour minimum rate beginning July 1, | ||||||
3 | 1998.
| ||||||
4 | Solely for the purposes of coverage under the Illinois | ||||||
5 | Public Labor
Relations
Act
(5 ILCS 315/), personal care | ||||||
6 | attendants and personal assistants providing
services under
| ||||||
7 | the Department's Home Services Program shall be considered to | ||||||
8 | be public
employees,
and the State of Illinois shall be | ||||||
9 | considered to be their employer as of the
effective date of
| ||||||
10 | this amendatory Act of the 93rd General Assembly, but not | ||||||
11 | before. Solely for the purposes of coverage under the Illinois | ||||||
12 | Public Labor
Relations
Act, home care and home health workers | ||||||
13 | who function as personal care attendants, personal assistants, | ||||||
14 | and individual maintenance home health workers and who also | ||||||
15 | provide services under the Department's Home Services Program | ||||||
16 | shall be considered to be public
employees, no matter whether | ||||||
17 | the State provides such services through direct | ||||||
18 | fee-for-service arrangements, with the assistance of a managed | ||||||
19 | care organization or other intermediary, or otherwise,
and the | ||||||
20 | State of Illinois shall be considered to be the employer of | ||||||
21 | those persons as of the
effective date of
this amendatory Act | ||||||
22 | of the 97th General Assembly, but not before except as | ||||||
23 | otherwise provided under this subsection (f). The State
shall
| ||||||
24 | engage in collective bargaining with an exclusive | ||||||
25 | representative of home care and home health workers who | ||||||
26 | function as personal
care
attendants, personal assistants, and |
| |||||||
| |||||||
1 | individual maintenance home health workers working under the | ||||||
2 | Home Services Program
concerning
their terms and conditions of | ||||||
3 | employment that are within the State's control.
Nothing in
this | ||||||
4 | paragraph shall be understood to limit the right of the persons | ||||||
5 | receiving
services
defined in this Section to hire and fire | ||||||
6 | home care and home health workers who function as personal care | ||||||
7 | attendants,
personal assistants, and individual maintenance | ||||||
8 | home health workers working under the Home Services Program
or | ||||||
9 | to supervise them within the limitations set by the Home | ||||||
10 | Services Program. The
State
shall not be considered to be the | ||||||
11 | employer of home care and home health workers who function as | ||||||
12 | personal care attendants,
personal
assistants, and individual | ||||||
13 | maintenance home health workers working under the Home Services | ||||||
14 | Program for any purposes not specifically provided in Public | ||||||
15 | Act 93-204 or this amendatory Act of the 97th General Assembly, | ||||||
16 | including but not limited to, purposes of vicarious liability
| ||||||
17 | in tort and
purposes of statutory retirement or health | ||||||
18 | insurance benefits. Home care and home health workers who | ||||||
19 | function as personal care
attendants,
personal assistants, and | ||||||
20 | individual maintenance home health workers and who also provide | ||||||
21 | services under the Department's Home Services Program shall not | ||||||
22 | be covered by the State Employees Group
Insurance Act
of 1971 | ||||||
23 | (5 ILCS 375/).
| ||||||
24 | Any home care and home health worker
who functions as a | ||||||
25 | personal care attendant, personal assistant,
or individual | ||||||
26 | maintenance home health worker and provides services under
the |
| |||||||
| |||||||
1 | Department's Home Services Program shall complete standardized | ||||||
2 | training as determined by the Department before enrollment | ||||||
3 | under the Program. The training must be available in languages | ||||||
4 | other than English and to those who need accommodations due to | ||||||
5 | disabilities. Home care and home health worker training must | ||||||
6 | include successful completion of the following training | ||||||
7 | components: basic first aid, vulnerable adult, child | ||||||
8 | maltreatment, OSHA universal precautions, and basic roles and | ||||||
9 | responsibilities of home care and home health workers including | ||||||
10 | information about assistance with lifting and transfers for | ||||||
11 | Program recipients, emergency preparedness, orientation to | ||||||
12 | positive behavioral practices, fraud issues, and completion of | ||||||
13 | time sheets. Upon completion of the training components, the | ||||||
14 | home care and home health worker must demonstrate the | ||||||
15 | competency to provide assistance to Program recipients. | ||||||
16 | The Department shall execute, relative to the nursing home | ||||||
17 | prescreening
project, as authorized by Section 4.03 of the | ||||||
18 | Illinois Act on the Aging,
written inter-agency agreements with | ||||||
19 | the Department on Aging and
the Department of Public Aid (now | ||||||
20 | Department of Healthcare and Family Services), to effect the | ||||||
21 | following: (i) intake procedures
and common eligibility | ||||||
22 | criteria for those persons who are receiving
non-institutional | ||||||
23 | services; and (ii) the establishment and development of
| ||||||
24 | non-institutional services in areas of the State where they are | ||||||
25 | not
currently available or are undeveloped. On and after July | ||||||
26 | 1, 1996, all nursing
home prescreenings for individuals 18 |
| |||||||
| |||||||
1 | through 59 years of age 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 recipient's | ||||||
5 | ability to pay for services, but in no case shall the
| ||||||
6 | 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
cost-sharing | ||||||
10 | shall be adjusted each year to reflect changes in the | ||||||
11 | "protected
income" level. The Department shall deduct from the | ||||||
12 | recipient's share of the
cost of services any money expended by | ||||||
13 | the recipient for disability-related
expenses.
| ||||||
14 | The Department, or the Department's authorized | ||||||
15 | representative, shall recover
the amount of moneys expended for | ||||||
16 | 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 be | ||||||
19 | had until after the
death of the surviving spouse, if any, and | ||||||
20 | then only at such time when there is
no surviving child who is | ||||||
21 | under age 21, blind, or permanently and totally
disabled. This | ||||||
22 | paragraph, however, shall not bar recovery, at the death of the
| ||||||
23 | person, of moneys for services provided to the person or in | ||||||
24 | behalf of the
person under this Section to which the person was | ||||||
25 | not entitled; provided that
such recovery shall not be enforced | ||||||
26 | against any real estate while
it is occupied as a homestead by |
| |||||||
| |||||||
1 | the surviving spouse or other dependent, if no
claims by other | ||||||
2 | creditors have been filed against the estate, or, if such
| ||||||
3 | claims have been filed, they remain dormant for failure of | ||||||
4 | prosecution or
failure of the claimant to compel administration | ||||||
5 | of the estate for the purpose
of payment. This paragraph shall | ||||||
6 | not bar recovery from the estate of a spouse,
under Sections | ||||||
7 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
8 | Illinois Public Aid Code, who precedes a person receiving | ||||||
9 | services under this
Section in death. All moneys for services
| ||||||
10 | paid to 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 spouse | ||||||
14 | or relative, as defined
by the rules and regulations of the | ||||||
15 | Department of Healthcare and Family Services,
regardless of the | ||||||
16 | value of the property.
| ||||||
17 | The Department and the Department on Aging shall cooperate
| ||||||
18 | in the development and submission of an annual report on | ||||||
19 | programs and
services provided under this Section. Such joint | ||||||
20 | report shall be filed
with the Governor and the General | ||||||
21 | Assembly on or before March
30
each year.
| ||||||
22 | The requirement for reporting to the General Assembly shall | ||||||
23 | be satisfied
by filing copies of the report with the Speaker, | ||||||
24 | the Minority Leader and
the Clerk of the House of | ||||||
25 | Representatives and the President, the Minority
Leader and the | ||||||
26 | Secretary of the Senate and the Legislative Research Unit,
as |
| |||||||
| |||||||
1 | required by Section 3.1 of the General Assembly Organization | ||||||
2 | Act, and filing
additional copies with the State
Government | ||||||
3 | Report Distribution Center for the General Assembly as
required | ||||||
4 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
5 | (g) To establish such subdivisions of the Department
as | ||||||
6 | shall be desirable and assign to the various subdivisions the
| ||||||
7 | responsibilities and duties placed upon the Department by law.
| ||||||
8 | (h) To cooperate and enter into any necessary agreements | ||||||
9 | with the
Department of Employment Security for the provision of | ||||||
10 | job placement and
job referral services to clients of the | ||||||
11 | Department, including job
service registration of such clients | ||||||
12 | with Illinois Employment Security
offices and making job | ||||||
13 | listings maintained by the Department of Employment
Security | ||||||
14 | available to such clients.
| ||||||
15 | (i) To possess all powers reasonable and necessary for
the | ||||||
16 | exercise and administration of the powers, duties and
| ||||||
17 | responsibilities of the Department which are provided for by | ||||||
18 | law.
| ||||||
19 | (j) To establish a procedure whereby new providers of
| ||||||
20 | personal care attendant services shall submit vouchers to the | ||||||
21 | State for
payment two times during their first month of | ||||||
22 | employment and one time per
month thereafter. In no case shall | ||||||
23 | the Department pay personal care
attendants an hourly wage that | ||||||
24 | is less than the federal minimum wage.
| ||||||
25 | (k) To provide adequate notice to providers of chore and | ||||||
26 | housekeeping
services informing them that they are entitled to |
| |||||||
| |||||||
1 | an interest payment on
bills which are not promptly paid | ||||||
2 | pursuant to Section 3 of the State Prompt
Payment Act.
| ||||||
3 | (l) To establish, operate and maintain a Statewide Housing | ||||||
4 | Clearinghouse
of information on available, government | ||||||
5 | subsidized housing accessible to
disabled persons and | ||||||
6 | available privately owned housing accessible to
disabled | ||||||
7 | persons. The information shall include but not be limited to | ||||||
8 | the
location, rental requirements, access features and | ||||||
9 | proximity to public
transportation of available housing. The | ||||||
10 | Clearinghouse shall consist
of at least a computerized database | ||||||
11 | for the storage and retrieval of
information and a separate or | ||||||
12 | shared toll free telephone number for use by
those seeking | ||||||
13 | information from the Clearinghouse. Department offices and
| ||||||
14 | personnel throughout the State shall also assist in the | ||||||
15 | operation of the
Statewide Housing Clearinghouse. Cooperation | ||||||
16 | with local, State and federal
housing managers shall be sought | ||||||
17 | and extended in order to frequently and
promptly update the | ||||||
18 | Clearinghouse's information.
| ||||||
19 | (m) To assure that the names and case records of persons | ||||||
20 | who received or
are
receiving services from the Department, | ||||||
21 | including persons receiving vocational
rehabilitation, home | ||||||
22 | services, or other services, and those attending one of
the | ||||||
23 | Department's schools or other supervised facility shall be | ||||||
24 | confidential and
not be open to the general public. Those case | ||||||
25 | records and reports or the
information contained in those | ||||||
26 | records and reports shall be disclosed by the
Director only to |
| |||||||
| |||||||
1 | proper law enforcement officials, individuals authorized by a
| ||||||
2 | court, the General Assembly or any committee or commission of | ||||||
3 | the General
Assembly, and other persons and for reasons as the | ||||||
4 | Director designates by rule.
Disclosure by the Director may be | ||||||
5 | only in accordance with other applicable
law.
| ||||||
6 | (Source: P.A. 97-732, eff. 6-30-12; 97-1158, eff. 1-29-13; | ||||||
7 | revised 2-21-13.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|