Bill Text: IL HB0387 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Act on the Aging. Makes technical changes in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0387 Detail]
Download: Illinois-2011-HB0387-Amended.html
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1 | AMENDMENT TO HOUSE BILL 387
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2 | AMENDMENT NO. ______. Amend House Bill 387 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.02 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | Sec. 4.02. Community Care Program. The Department shall | ||||||
8 | establish a program of services to
prevent unnecessary | ||||||
9 | institutionalization of persons age 60 and older in
need of | ||||||
10 | long term care or who are established as persons who suffer | ||||||
11 | from
Alzheimer's disease or a related disorder under the | ||||||
12 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
13 | remain in their own homes or in other living arrangements. Such
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14 | preventive services, which may be coordinated with other | ||||||
15 | programs for the
aged and monitored by area agencies on aging | ||||||
16 | in cooperation with the
Department, may include, but are not |
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1 | limited to, any or all of the following:
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2 | (a) (blank);
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3 | (b) (blank);
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4 | (c) home care aide services;
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5 | (d) personal assistant services;
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6 | (e) adult day services;
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7 | (f) home-delivered meals;
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8 | (g) education in self-care;
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9 | (h) personal care services;
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10 | (i) adult day health services;
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11 | (j) habilitation services;
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12 | (k) respite care;
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13 | (k-5) community reintegration services;
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14 | (k-6) flexible senior services; | ||||||
15 | (k-7) medication management; | ||||||
16 | (k-8) emergency home response;
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17 | (l) other nonmedical social services that may enable | ||||||
18 | the person
to become self-supporting; or
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19 | (m) clearinghouse for information provided by senior | ||||||
20 | citizen home owners
who want to rent rooms to or share | ||||||
21 | living space with other senior citizens.
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22 | The Department shall establish eligibility standards for | ||||||
23 | such
services. In determining the amount and nature of services
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24 | for which a person may qualify, consideration shall not be | ||||||
25 | given to the
value of cash, property or other assets held in | ||||||
26 | the name of the person's
spouse pursuant to a written agreement |
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1 | dividing marital property into equal
but separate shares or | ||||||
2 | pursuant to a transfer of the person's interest in a
home to | ||||||
3 | his spouse, provided that the spouse's share of the marital
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4 | property is not made available to the person seeking such | ||||||
5 | services.
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6 | Beginning January 1, 2008, the Department shall require as | ||||||
7 | a condition of eligibility that all new financially eligible | ||||||
8 | applicants apply for and enroll in medical assistance under | ||||||
9 | Article V of the Illinois Public Aid Code in accordance with | ||||||
10 | rules promulgated by the Department.
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11 | The Department shall, in conjunction with the Department of | ||||||
12 | Public Aid (now Department of Healthcare and Family Services),
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13 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
14 | Social
Security Act. The purpose of the amendments shall be to | ||||||
15 | extend eligibility
for home and community based services under | ||||||
16 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
17 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
18 | income and resources allowed under Section 1924 of
the Social | ||||||
19 | Security Act. Subject to the approval of such amendments, the
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20 | Department shall extend the provisions of Section 5-4 of the | ||||||
21 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
22 | of home or
community-based services, would require the level of | ||||||
23 | care provided in an
institution, as is provided for in federal | ||||||
24 | law. Those persons no longer
found to be eligible for receiving | ||||||
25 | noninstitutional services due to changes
in the eligibility | ||||||
26 | criteria shall be given 45 days notice prior to actual
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1 | termination. Those persons receiving notice of termination may | ||||||
2 | contact the
Department and request the determination be | ||||||
3 | appealed at any time during the
45 day notice period. The | ||||||
4 | target
population identified for the purposes of this Section | ||||||
5 | are persons age 60
and older with an identified service need. | ||||||
6 | Priority shall be given to those
who are at imminent risk of | ||||||
7 | institutionalization. The services shall be
provided to | ||||||
8 | eligible persons age 60 and older to the extent that the cost
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9 | of the services together with the other personal maintenance
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10 | expenses of the persons are reasonably related to the standards
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11 | established for care in a group facility appropriate to the | ||||||
12 | person's
condition. These non-institutional services, pilot | ||||||
13 | projects or
experimental facilities may be provided as part of | ||||||
14 | or in addition to
those authorized by federal law or those | ||||||
15 | funded and administered by the
Department of Human Services. | ||||||
16 | The Departments of Human Services, Healthcare and Family | ||||||
17 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
18 | Economic Opportunity and
other appropriate agencies of State, | ||||||
19 | federal and local governments shall
cooperate with the | ||||||
20 | Department on Aging in the establishment and development
of the | ||||||
21 | non-institutional services. The Department shall require an | ||||||
22 | annual
audit from all personal assistant
and home care aide | ||||||
23 | vendors contracting with
the Department under this Section. The | ||||||
24 | annual audit shall assure that each
audited vendor's procedures | ||||||
25 | are in compliance with Department's financial
reporting | ||||||
26 | guidelines requiring an administrative and employee wage and |
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1 | benefits cost split as defined in administrative rules. The | ||||||
2 | audit is a public record under
the Freedom of Information Act. | ||||||
3 | The Department shall execute, relative to
the nursing home | ||||||
4 | prescreening project, written inter-agency
agreements with the | ||||||
5 | Department of Human Services and the Department
of Healthcare | ||||||
6 | and Family Services, to effect the following: (1) intake | ||||||
7 | procedures and common
eligibility criteria for those persons | ||||||
8 | who are receiving non-institutional
services; and (2) the | ||||||
9 | establishment and development of non-institutional
services in | ||||||
10 | areas of the State where they are not currently available or | ||||||
11 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
12 | prescreenings for
individuals 60 years of age or older shall be | ||||||
13 | conducted by the Department.
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14 | As part of the Department on Aging's routine training of | ||||||
15 | case managers and case manager supervisors, the Department may | ||||||
16 | include information on family futures planning for persons who | ||||||
17 | are age 60 or older and who are caregivers of their adult | ||||||
18 | children with developmental disabilities. The content of the | ||||||
19 | training shall be at the Department's discretion. | ||||||
20 | The Department is authorized to establish a system of | ||||||
21 | recipient copayment
for services provided under this Section, | ||||||
22 | such copayment to be based upon
the recipient's ability to pay | ||||||
23 | but in no case to exceed the actual cost of
the services | ||||||
24 | provided. Additionally, any portion of a person's income which
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25 | is equal to or less than the federal poverty standard shall not | ||||||
26 | be
considered by the Department in determining the copayment. |
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1 | The level of
such copayment shall be adjusted whenever | ||||||
2 | necessary to reflect any change
in the officially designated | ||||||
3 | federal poverty standard.
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4 | The Department, or the Department's authorized | ||||||
5 | representative, may
recover the amount of moneys expended for | ||||||
6 | services provided to or in
behalf of a person under this | ||||||
7 | Section by a claim against the person's
estate or against the | ||||||
8 | estate of the person's surviving spouse, but no
recovery may be | ||||||
9 | had until after the death of the surviving spouse, if
any, and | ||||||
10 | then only at such time when there is no surviving child who
is | ||||||
11 | under age 21, blind, or permanently and totally disabled. This
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12 | paragraph, however, shall not bar recovery, at the death of the | ||||||
13 | person, of
moneys for services provided to the person or in | ||||||
14 | behalf of the person under
this Section to which the person was | ||||||
15 | not entitled;
provided that such recovery shall not be enforced | ||||||
16 | against any real estate while
it is occupied as a homestead by | ||||||
17 | the surviving spouse or other dependent, if no
claims by other | ||||||
18 | creditors have been filed against the estate, or, if such
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19 | claims have been filed, they remain dormant for failure of | ||||||
20 | prosecution or
failure of the claimant to compel administration | ||||||
21 | of the estate for the purpose
of payment. This paragraph shall | ||||||
22 | not bar recovery from the estate of a spouse,
under Sections | ||||||
23 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
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24 | Illinois Public Aid Code, who precedes a person receiving | ||||||
25 | services under this
Section in death. All moneys for services
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26 | paid to or in behalf of the person under this Section shall be |
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1 | claimed for
recovery from the deceased spouse's estate. | ||||||
2 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
3 | house and
contiguous real estate occupied by a surviving spouse
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4 | or relative, as defined by the rules and regulations of the | ||||||
5 | Department of Healthcare and Family Services, regardless of the | ||||||
6 | value of the property.
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7 | The Department shall increase the effectiveness of the | ||||||
8 | existing Community Care Program by: | ||||||
9 | (1) ensuring that in-home services included in the care | ||||||
10 | plan are available on evenings and weekends; | ||||||
11 | (2) ensuring that care plans contain the services that | ||||||
12 | eligible participants
need based on the number of days in a | ||||||
13 | month, not limited to specific blocks of time, as | ||||||
14 | identified by the comprehensive assessment tool selected | ||||||
15 | by the Department for use statewide, not to exceed the | ||||||
16 | total monthly service cost maximum allowed for each | ||||||
17 | service; the Department shall develop administrative rules | ||||||
18 | to implement this item (2); | ||||||
19 | (3) ensuring that the participants have the right to | ||||||
20 | choose the services contained in their care plan and to | ||||||
21 | direct how those services are provided, based on | ||||||
22 | administrative rules established by the Department; | ||||||
23 | (4) ensuring that the determination of need tool is | ||||||
24 | accurate in determining the participants' level of need; to | ||||||
25 | achieve this, the Department, in conjunction with the Older | ||||||
26 | Adult Services Advisory Committee, shall institute a study |
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1 | of the relationship between the Determination of Need | ||||||
2 | scores, level of need, service cost maximums, and the | ||||||
3 | development and utilization of service plans no later than | ||||||
4 | May 1, 2008; findings and recommendations shall be | ||||||
5 | presented to the Governor and the General Assembly no later | ||||||
6 | than January 1, 2009; recommendations shall include all | ||||||
7 | needed changes to the service cost maximums schedule and | ||||||
8 | additional covered services; | ||||||
9 | (5) ensuring that homemakers can provide personal care | ||||||
10 | services that may or may not involve contact with clients, | ||||||
11 | including but not limited to: | ||||||
12 | (A) bathing; | ||||||
13 | (B) grooming; | ||||||
14 | (C) toileting; | ||||||
15 | (D) nail care; | ||||||
16 | (E) transferring; | ||||||
17 | (F) respiratory services; | ||||||
18 | (G) exercise; or | ||||||
19 | (H) positioning; | ||||||
20 | (6) ensuring that homemaker program vendors are not | ||||||
21 | restricted from hiring homemakers who are family members of | ||||||
22 | clients or recommended by clients; the Department may not, | ||||||
23 | by rule or policy, require homemakers who are family | ||||||
24 | members of clients or recommended by clients to accept | ||||||
25 | assignments in homes other than the client; | ||||||
26 | (7) ensuring that the State may access maximum federal |
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1 | matching funds by seeking approval for the Centers for | ||||||
2 | Medicare and Medicaid Services for modifications to the | ||||||
3 | State's home and community based services waiver and | ||||||
4 | additional waiver opportunities in order to maximize | ||||||
5 | federal matching funds; this shall include, but not be | ||||||
6 | limited to, modification that reflects all changes in the | ||||||
7 | Community Care Program services and all increases in the | ||||||
8 | services cost maximum; and | ||||||
9 | (8) ensuring that the determination of need tool | ||||||
10 | accurately reflects the service needs of individuals with | ||||||
11 | Alzheimer's disease and related dementia disorders. | ||||||
12 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
13 | Counseling Demonstration Project as is practicable, the | ||||||
14 | Department may, based on its evaluation of the demonstration | ||||||
15 | project, promulgate rules concerning personal assistant | ||||||
16 | services, to include, but need not be limited to, | ||||||
17 | qualifications, employment screening, rights under fair labor | ||||||
18 | standards, training, fiduciary agent, and supervision | ||||||
19 | requirements. All applicants shall be subject to the provisions | ||||||
20 | of the Health Care Worker Background Check Act.
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21 | The Department shall develop procedures to enhance | ||||||
22 | availability of
services on evenings, weekends, and on an | ||||||
23 | emergency basis to meet the
respite needs of caregivers. | ||||||
24 | Procedures shall be developed to permit the
utilization of | ||||||
25 | services in successive blocks of 24 hours up to the monthly
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26 | maximum established by the Department. Workers providing these |
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1 | services
shall be appropriately trained.
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2 | Beginning on the effective date of this Amendatory Act of | ||||||
3 | 1991, no person
may perform chore/housekeeping and home care | ||||||
4 | aide services under a program
authorized by this Section unless | ||||||
5 | that person has been issued a certificate
of pre-service to do | ||||||
6 | so by his or her employing agency. Information
gathered to | ||||||
7 | effect such certification shall include (i) the person's name,
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8 | (ii) the date the person was hired by his or her current | ||||||
9 | employer, and
(iii) the training, including dates and levels. | ||||||
10 | Persons engaged in the
program authorized by this Section | ||||||
11 | before the effective date of this
amendatory Act of 1991 shall | ||||||
12 | be issued a certificate of all pre- and
in-service training | ||||||
13 | from his or her employer upon submitting the necessary
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14 | information. The employing agency shall be required to retain | ||||||
15 | records of
all staff pre- and in-service training, and shall | ||||||
16 | provide such records to
the Department upon request and upon | ||||||
17 | termination of the employer's contract
with the Department. In | ||||||
18 | addition, the employing agency is responsible for
the issuance | ||||||
19 | of certifications of in-service training completed to their
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20 | employees.
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21 | The Department is required to develop a system to ensure | ||||||
22 | that persons
working as home care aides and personal assistants
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23 | receive increases in their
wages when the federal minimum wage | ||||||
24 | is increased by requiring vendors to
certify that they are | ||||||
25 | meeting the federal minimum wage statute for home care aides
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26 | and personal assistants. An employer that cannot ensure that |
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1 | the minimum
wage increase is being given to home care aides and | ||||||
2 | personal assistants
shall be denied any increase in | ||||||
3 | reimbursement costs.
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4 | The Community Care Program Advisory Committee is created in | ||||||
5 | the Department on Aging. The Director shall appoint individuals | ||||||
6 | to serve in the Committee, who shall serve at their own | ||||||
7 | expense. Members of the Committee must abide by all applicable | ||||||
8 | ethics laws. The Committee shall advise the Department on | ||||||
9 | issues related to the Department's program of services to | ||||||
10 | prevent unnecessary institutionalization. The Committee shall | ||||||
11 | meet on a bi-monthly basis and shall serve to identify and | ||||||
12 | advise the Department on present and potential issues affecting | ||||||
13 | the service delivery network, the program's clients, and the | ||||||
14 | Department and to recommend solution strategies. Persons | ||||||
15 | appointed to the Committee shall be appointed on, but not | ||||||
16 | limited to, their own and their agency's experience with the | ||||||
17 | program, geographic representation, and willingness to serve. | ||||||
18 | The Director shall appoint members to the Committee to | ||||||
19 | represent provider, advocacy, policy research, and other | ||||||
20 | constituencies committed to the delivery of high quality home | ||||||
21 | and community-based services to older adults. Representatives | ||||||
22 | shall be appointed to ensure representation from community care | ||||||
23 | providers including, but not limited to, adult day service | ||||||
24 | providers, homemaker providers, case coordination and case | ||||||
25 | management units, emergency home response providers, statewide | ||||||
26 | trade or labor unions that represent home care
aides and direct |
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1 | care staff, area agencies on aging, adults over age 60, | ||||||
2 | membership organizations representing older adults, and other | ||||||
3 | organizational entities, providers of care, or individuals | ||||||
4 | with demonstrated interest and expertise in the field of home | ||||||
5 | and community care as determined by the Director. | ||||||
6 | Nominations may be presented from any agency or State | ||||||
7 | association with interest in the program. The Director, or his | ||||||
8 | or her designee, shall serve as the permanent co-chair of the | ||||||
9 | advisory committee. One other co-chair shall be nominated and | ||||||
10 | approved by the members of the committee on an annual basis. | ||||||
11 | Committee members' terms of appointment shall be for 4 years | ||||||
12 | with one-quarter of the appointees' terms expiring each year. A | ||||||
13 | member shall continue to serve until his or her replacement is | ||||||
14 | named. The Department shall fill vacancies that have a | ||||||
15 | remaining term of over one year, and this replacement shall | ||||||
16 | occur through the annual replacement of expiring terms. The | ||||||
17 | Director shall designate Department staff to provide technical | ||||||
18 | assistance and staff support to the committee. Department | ||||||
19 | representation shall not constitute membership of the | ||||||
20 | committee. All Committee papers, issues, recommendations, | ||||||
21 | reports, and meeting memoranda are advisory only. The Director, | ||||||
22 | or his or her designee, shall make a written report, as | ||||||
23 | requested by the Committee, regarding issues before the | ||||||
24 | Committee.
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25 | The Department on Aging and the Department of Human | ||||||
26 | Services
shall cooperate in the development and submission of |
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1 | an annual report on
programs and services provided under this | ||||||
2 | Section. Such joint report
shall be filed with the Governor and | ||||||
3 | the General Assembly on or before
September 30 each year.
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4 | The requirement for reporting to the General Assembly shall | ||||||
5 | be satisfied
by filing copies of the report with the Speaker, | ||||||
6 | the Minority Leader and
the Clerk of the House of | ||||||
7 | Representatives and the President, the Minority
Leader and the | ||||||
8 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
9 | required by Section 3.1 of the General Assembly Organization | ||||||
10 | Act and
filing such additional copies with the State Government | ||||||
11 | Report Distribution
Center for the General Assembly as is | ||||||
12 | required under paragraph (t) of
Section 7 of the State Library | ||||||
13 | Act.
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14 | Those persons previously found eligible for receiving | ||||||
15 | non-institutional
services whose services were discontinued | ||||||
16 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
17 | not meet the eligibility standards in effect
on or after July | ||||||
18 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
19 | Those persons previously not required to cost-share and who | ||||||
20 | were
required to cost-share effective March 1, 1992, shall | ||||||
21 | continue to meet
cost-share requirements on and after July 1, | ||||||
22 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
23 | meet
eligibility, cost-share, and other requirements and will | ||||||
24 | have services
discontinued or altered when they fail to meet | ||||||
25 | these requirements. | ||||||
26 | The Department shall pay an enhanced rate under the |
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1 | Community Care Program to those in-home service provider | ||||||
2 | agencies that offer health insurance coverage as a benefit to | ||||||
3 | their direct service worker employees consistent with the | ||||||
4 | mandates of Public Act 95-713. | ||||||
5 | Notwithstanding any other eligibility rules in effect or | ||||||
6 | subsequently promulgated by the Department, and consistent | ||||||
7 | with the mandates of Public Act 95-713, vendors who receive or | ||||||
8 | did receive an enhanced rate payment for the purpose of | ||||||
9 | providing health insurance coverage to their employees by | ||||||
10 | contributing to a Taft-Hartley welfare plan or other qualified | ||||||
11 | self-funded health plan will be allowed to have such plans | ||||||
12 | accumulate or have accumulated up to 6 months of enhanced rate | ||||||
13 | payments prior to the actual provision of health insurance | ||||||
14 | coverage to their direct service worker employees in order to | ||||||
15 | be able to pay premiums, benefits, claims, or other attendant | ||||||
16 | costs of such health coverage. | ||||||
17 | For the purposes of this Section, "flexible senior | ||||||
18 | services" refers to services that require one-time or periodic | ||||||
19 | expenditures including, but not limited to, respite care, home | ||||||
20 | modification, assistive technology, housing assistance, and | ||||||
21 | transportation.
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22 | (Source: P.A. 95-298, eff. 8-20-07; 95-473, eff. 8-27-07; | ||||||
23 | 95-565, eff. 6-1-08; 95-876, eff. 8-21-08; 96-918, eff. 6-9-10; | ||||||
24 | 96-1129, eff. 7-20-10; revised 9-2-10.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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