Bill Text: IL SB0242 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0242 Detail]

Download: Illinois-2019-SB0242-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0242 Introduced 1/31/2019, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
20 ILCS 2405/3 from Ch. 23, par. 3434
Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rehabilitation of Persons with Disabilities
Act is amended by changing Section 3 as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
(a) To co-operate with the federal government in the
administration of the provisions of the federal
Rehabilitation Act of 1973, as amended, of the Workforce
Innovation and Opportunity Act, and of the federal Social
Security Act to the extent and in the manner provided in
these Acts.
(b) To prescribe and supervise such courses of
vocational training and provide such other services as may
be necessary for the habilitation and rehabilitation of
persons with one or more disabilities, including the
administrative activities under subsection (e) of this
Section, and to co-operate with State and local school
authorities and other recognized agencies engaged in
habilitation, rehabilitation and comprehensive
rehabilitation services; and to cooperate with the

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Department of Children and Family Services regarding the
care and education of children with one or more
disabilities.
(c) (Blank).
(d) To report in writing, to the Governor, annually on
or before the first day of December, and at such other
times and in such manner and upon such subjects as the
Governor may require. The annual report shall contain (1) a
statement of the existing condition of comprehensive
rehabilitation services, habilitation and rehabilitation
in the State; (2) a statement of suggestions and
recommendations with reference to the development of
comprehensive rehabilitation services, habilitation and
rehabilitation in the State; and (3) an itemized statement
of the amounts of money received from federal, State and
other sources, and of the objects and purposes to which the
respective items of these several amounts have been
devoted.
(e) (Blank).
(f) To establish a program of services to prevent the
unnecessary institutionalization of persons in need of
long term care and who meet the criteria for blindness or
disability as defined by the Social Security Act, thereby
enabling them to remain in their own homes. Such preventive
services include any or all of the following:
(1) personal assistant services;

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(2) homemaker services;
(3) home-delivered meals;
(4) adult day care services;
(5) respite care;
(6) home modification or assistive equipment;
(7) home health services;
(8) electronic home response;
(9) brain injury behavioral/cognitive services;
(10) brain injury habilitation;
(11) brain injury pre-vocational services; or
(12) brain injury supported employment.
The Department shall establish eligibility standards
for such services taking into consideration the unique
economic and social needs of the population for whom they
are to be provided. Such eligibility standards may be based
on the recipient's ability to pay for services; provided,
however, that any portion of a person's income that is
equal to or less than the "protected income" level shall
not be considered by the Department in determining
eligibility. The "protected income" level shall be
determined by the Department, shall never be less than the
federal poverty standard, and shall be adjusted each year
to reflect changes in the Consumer Price Index For All
Urban Consumers as determined by the United States
Department of Labor. The standards must provide that a
person may not have more than $10,000 in assets to be

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eligible for the services, and the Department may increase
or decrease the asset limitation by rule. The Department
may not decrease the asset level below $10,000.
The services shall be provided, as established by the
Department by rule, to eligible persons to prevent
unnecessary or premature institutionalization, 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 their 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 Illinois Department on Aging. The
Department shall set rates and fees for services in a fair
and equitable manner. Services identical to those offered
by the Department on Aging shall be paid at the same rate.
Except as otherwise provided in this paragraph,
personal assistants shall be paid at a rate negotiated
between the State and an exclusive representative of
personal assistants under a collective bargaining
agreement. In no case shall the Department pay personal
assistants an hourly wage that is less than the federal
minimum wage. Within 30 days after July 6, 2017 (the
effective date of Public Act 100-23), the hourly wage paid
to personal assistants and individual maintenance home

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health workers shall be increased by $0.48 per hour.
Solely for the purposes of coverage under the Illinois
Public Labor Relations Act, personal assistants providing
services under the Department's Home Services Program
shall be considered to be public employees and the State of
Illinois shall be considered to be their employer as of
July 16, 2003 (the effective date of Public Act 93-204),
but not before. Solely for the purposes of coverage under
the Illinois Public Labor Relations Act, home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also
provide services under the Department's Home Services
Program shall be considered to be public employees, no
matter whether the State provides such services through
direct fee-for-service arrangements, with the assistance
of a managed care organization or other intermediary, or
otherwise, and the State of Illinois shall be considered to
be the employer of those persons as of January 29, 2013
(the effective date of Public Act 97-1158), but not before
except as otherwise provided under this subsection (f). The
State shall engage in collective bargaining with an
exclusive representative of home care and home health
workers who function as personal assistants and individual
maintenance home health workers working under the Home
Services Program concerning their terms and conditions of
employment that are within the State's control. Nothing in

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this paragraph shall be understood to limit the right of
the persons receiving services defined in this Section to
hire and fire home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program
or to supervise them within the limitations set by the Home
Services Program. The State shall not be considered to be
the employer of home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program
for any purposes not specifically provided in Public Act
93-204 or Public Act 97-1158, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Home
care and home health workers who function as personal
assistants and individual maintenance home health workers
and who also provide services under the Department's Home
Services Program shall not be covered by the State
Employees Group Insurance Act of 1971.
A home care consumer, as defined in Section 17.1, in the
Department's Home Services Program has the right and discretion
to select and hire a personal assistant or other individual
provider of his or her choice. A home care consumer in the
Department's Home Services Program also has the right and
discretion to determine the number of hours per week his or her
personal assistant or other individual provider may work.

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Subject to the Department's authority to approve the total
monthly hours in a home care consumer's service plan, the State
of Illinois and any of its departments, including the
Department, shall not impose a limit on the number of hours per
week a personal assistant or other individual provider may work
that is less than 55 hours per week. Subject to the
Department's authority to approve the total monthly hours in a
home care consumer's service plan, the State of Illinois and
any of its departments, including the Department, shall not
impose any limit on the number of hours per week a personal
assistant or other individual provider may work unless the
following conditions are satisfied:
(1) As an exception to any limit imposed by the
Department, a personal assistant or other individual
provider may work and be paid for all hours worked up to at
least 66 hours per week if, subject to verification by the
Department, the personal assistant or other individual
provider works for: (i) a home care consumer receiving
services under a court-ordered service plan; (ii) a home
care consumer with a Determination of Need score of 70 or
above (or the equivalent under any new assessment tool); or
(iii) a home care consumer with an exceptional care rate.
(2) The Department shall establish an exceptions and
appeals process that permits a home care consumer to
request an exception to any limit imposed by the Department
up to a maximum of no less than 66 hours per week.

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Exceptions shall be approved as appropriate to maintain
consumer independence and shall be approved, at a minimum,
under the following circumstances which must be verified by
the Department:
(A) Delayed arrival of a provider.
(B) Sudden loss of a provider.
(C) Unexpected illness of a provider.
(D) Extraordinary circumstances justified by the
health and safety issues of the home care consumer.
The exceptions and appeals process shall also permit a
home care consumer to apply to be pre-approved for the use
of a personal assistant or other individual provider for
hours worked above the weekly maximum. Such pre-approval
shall last for not less than one year from the date of the
approval. Additionally, the exceptions and appeals process
shall permit a home care consumer to apply after the fact
for the approval of the prior use of a personal assistant
or other individual provider who worked up to a maximum of
no less than 66 hours per week.
(3) Notwithstanding any limit imposed by the
Department on the number of hours per week a home care
consumer's personal assistant or other individual provider
may work, if the home care consumer would face a serious
risk of institutionalization, the Department shall work
with the home care consumer to ensure that appropriate care
in the community will be provided, whether through

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authorized overtime or another solution.
Nothing in this subsection shall limit the Department's
authority under any other statute to disqualify an individual
from providing services in the Department's Home Services
Program for reasons other than the number of weekly hours
worked by the individual.
The Department shall execute, relative to nursing home
prescreening, as authorized by Section 4.03 of the Illinois
Act on the Aging, written inter-agency agreements with the
Department on Aging and the Department of Healthcare and
Family Services, to effect the intake procedures and
eligibility criteria for those persons who may need long
term care. On and after July 1, 1996, all nursing home
prescreenings for individuals 18 through 59 years of age
shall be conducted by the Department, or a designee of the
Department.
The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the
recipient's ability to pay for services, but in no case
shall the recipient's share exceed the actual cost of the
services provided. Protected income shall not be
considered by the Department in its determination of the
recipient's ability to pay a share of the cost of services.
The level of cost-sharing shall be adjusted each year to
reflect changes in the "protected income" level. The

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Department shall deduct from the recipient's share of the
cost of services any money expended by the recipient for
disability-related expenses.
To the extent permitted under the federal Social
Security Act, the Department, or the Department's
authorized representative, may 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 or
blind or who has a permanent and total disability. 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

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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 Department of Healthcare
and Family Services, regardless of the value of the
property.
The Department shall submit an annual report on
programs and services provided under this Section. The
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly
Organization Act, and filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions
the responsibilities and duties placed upon the Department
by law.
(h) To cooperate and enter into any necessary

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agreements with the Department of Employment Security for
the provision of job placement and job referral services to
clients of the Department, including job service
registration of such clients with Illinois Employment
Security offices and making job listings maintained by the
Department of Employment Security available to such
clients.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for
by law.
(j) (Blank).
(k) (Blank).
(l) To establish, operate, and maintain a Statewide
Housing Clearinghouse of information on available
government subsidized housing accessible to persons with
disabilities and available privately owned housing
accessible to persons with disabilities. The information
shall include, but not be limited to, the location, rental
requirements, access features and proximity to public
transportation of available housing. The Clearinghouse
shall consist of at least a computerized database for the
storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the

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operation of the Statewide Housing Clearinghouse.
Cooperation with local, State, and federal housing
managers shall be sought and extended in order to
frequently and promptly update the Clearinghouse's
information.
(m) To assure that the names and case records of
persons who received or are receiving services from the
Department, including persons receiving vocational
rehabilitation, home services, or other services, and
those attending one of the Department's schools or other
supervised facility shall be confidential and not be open
to the general public. Those case records and reports or
the information contained in those records and reports
shall be disclosed by the Director only to proper law
enforcement officials, individuals authorized by a court,
the General Assembly or any committee or commission of the
General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may
be only in accordance with other applicable law.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
8-14-18; 100-1148, eff. 12-10-18.)