Bill Text: IL HB3376 | 2017-2018 | 100th General Assembly | Engrossed


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: (i) select and hire a personal assistant or other individual provider of his or her choice; and (ii) determine the number of hours worked weekly by his or her personal assistant or other individual provider. Provides that, 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 limit the number of weekly hours worked by personal assistants or other individual providers in the Department's Home Services Program. Provides that the provisions do not limit the Department's authority in 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 23-0)

Status: (Engrossed) 2017-05-26 - Waive Posting Notice [HB3376 Detail]

Download: Illinois-2017-HB3376-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Rehabilitation of Persons with Disabilities
5Act is amended by changing Section 3 as follows:
6 (20 ILCS 2405/3) (from Ch. 23, par. 3434)
7 Sec. 3. Powers and duties. The Department shall have the
8powers and duties enumerated herein:
9 (a) To co-operate with the federal government in the
10administration of the provisions of the federal Rehabilitation
11Act of 1973, as amended, of the Workforce Investment Act of
121998, and of the federal Social Security Act to the extent and
13in the manner provided in these Acts.
14 (b) To prescribe and supervise such courses of vocational
15training and provide such other services as may be necessary
16for the habilitation and rehabilitation of persons with one or
17more disabilities, including the administrative activities
18under subsection (e) of this Section, and to co-operate with
19State and local school authorities and other recognized
20agencies engaged in habilitation, rehabilitation and
21comprehensive rehabilitation services; and to cooperate with
22the Department of Children and Family Services regarding the
23care and education of children with one or more disabilities.

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1 (c) (Blank).
2 (d) To report in writing, to the Governor, annually on or
3before the first day of December, and at such other times and
4in such manner and upon such subjects as the Governor may
5require. The annual report shall contain (1) a statement of the
6existing condition of comprehensive rehabilitation services,
7habilitation and rehabilitation in the State; (2) a statement
8of suggestions and recommendations with reference to the
9development of comprehensive rehabilitation services,
10habilitation and rehabilitation in the State; and (3) an
11itemized statement of the amounts of money received from
12federal, State and other sources, and of the objects and
13purposes to which the respective items of these several amounts
14have been devoted.
15 (e) (Blank).
16 (f) To establish a program of services to prevent the
17unnecessary institutionalization of persons in need of long
18term care and who meet the criteria for blindness or disability
19as defined by the Social Security Act, thereby enabling them to
20remain in their own homes. Such preventive services include any
21or all of the following:
22 (1) personal assistant services;
23 (2) homemaker services;
24 (3) home-delivered meals;
25 (4) adult day care services;
26 (5) respite care;

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1 (6) home modification or assistive equipment;
2 (7) home health services;
3 (8) electronic home response;
4 (9) brain injury behavioral/cognitive services;
5 (10) brain injury habilitation;
6 (11) brain injury pre-vocational services; or
7 (12) brain injury supported employment.
8 The Department shall establish eligibility standards for
9such services taking into consideration the unique economic and
10social needs of the population for whom they are to be
11provided. Such eligibility standards may be based on the
12recipient's ability to pay for services; provided, however,
13that any portion of a person's income that is equal to or less
14than the "protected income" level shall not be considered by
15the Department in determining eligibility. The "protected
16income" level shall be determined by the Department, shall
17never be less than the federal poverty standard, and shall be
18adjusted each year to reflect changes in the Consumer Price
19Index For All Urban Consumers as determined by the United
20States Department of Labor. The standards must provide that a
21person may not have more than $10,000 in assets to be eligible
22for the services, and the Department may increase or decrease
23the asset limitation by rule. The Department may not decrease
24the asset level below $10,000.
25 The services shall be provided, as established by the
26Department by rule, to eligible persons to prevent unnecessary

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1or premature institutionalization, to the extent that the cost
2of the services, together with the other personal maintenance
3expenses of the persons, are reasonably related to the
4standards established for care in a group facility appropriate
5to their condition. These non-institutional services, pilot
6projects or experimental facilities may be provided as part of
7or in addition to those authorized by federal law or those
8funded and administered by the Illinois Department on Aging.
9The Department shall set rates and fees for services in a fair
10and equitable manner. Services identical to those offered by
11the Department on Aging shall be paid at the same rate.
12 Personal assistants shall be paid at a rate negotiated
13between the State and an exclusive representative of personal
14assistants under a collective bargaining agreement. In no case
15shall the Department pay personal assistants an hourly wage
16that is less than the federal minimum wage.
17 Solely for the purposes of coverage under the Illinois
18Public Labor Relations Act (5 ILCS 315/), personal assistants
19providing services under the Department's Home Services
20Program shall be considered to be public employees and the
21State of Illinois shall be considered to be their employer as
22of the effective date of this amendatory Act of the 93rd
23General Assembly, but not before. Solely for the purposes of
24coverage under the Illinois Public Labor Relations Act, home
25care and home health workers who function as personal
26assistants and individual maintenance home health workers and

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1who also provide services under the Department's Home Services
2Program shall be considered to be public employees, no matter
3whether the State provides such services through direct
4fee-for-service arrangements, with the assistance of a managed
5care organization or other intermediary, or otherwise, and the
6State of Illinois shall be considered to be the employer of
7those persons as of January 29, 2013 (the effective date of
8Public Act 97-1158), but not before except as otherwise
9provided under this subsection (f). The State shall engage in
10collective bargaining with an exclusive representative of home
11care and home health workers who function as personal
12assistants and individual maintenance home health workers
13working under the Home Services Program concerning their terms
14and conditions of employment that are within the State's
15control. Nothing in this paragraph shall be understood to limit
16the right of the persons receiving services defined in this
17Section to hire and fire home care and home health workers who
18function as personal assistants and individual maintenance
19home health workers working under the Home Services Program or
20to supervise them within the limitations set by the Home
21Services Program. The State shall not be considered to be the
22employer of home care and home health workers who function as
23personal assistants and individual maintenance home health
24workers working under the Home Services Program for any
25purposes not specifically provided in Public Act 93-204 or
26Public Act 97-1158, including but not limited to, purposes of

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1vicarious liability in tort and purposes of statutory
2retirement or health insurance benefits. Home care and home
3health workers who function as personal assistants and
4individual maintenance home health workers and who also provide
5services under the Department's Home Services Program shall not
6be covered by the State Employees Group Insurance Act of 1971
7(5 ILCS 375/).
8 A home care consumer, as defined in Section 17.1, in the
9Department's Home Services Program has the right and discretion
10to select and hire a personal assistant or other individual
11provider of his or her choice. A home care consumer in the
12Department's Home Services Program also has the right and
13discretion to determine the number of hours per week his or her
14personal assistant or other individual provider may work.
15Subject to the Department's authority to approve the total
16monthly hours in a home care consumer's service plan, the State
17of Illinois and any of its departments, including the
18Department, shall not impose a limit on the number of hours per
19week a personal assistant or other individual provider may work
20that is less than 55 hours per week. Subject to the
21Department's authority to approve the total monthly hours in a
22home care consumer's service plan, the State of Illinois and
23any of its departments, including the Department, shall not
24impose any limit on the number of hours per week a personal
25assistant or other individual provider may work unless the
26following conditions are satisfied:

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1 (1) As an exception to any limit imposed by the
2 Department, a personal assistant or other individual
3 provider may work and be paid for all hours worked up to at
4 least 66 hours per week if, subject to verification by the
5 Department, the personal assistant or other individual
6 provider works for: (i) a home care consumer receiving
7 services under a court-ordered service plan; (ii) a home
8 care consumer with a Determination of Need score of 70 or
9 above (or the equivalent under any new assessment tool); or
10 (iii) a home care consumer with an exceptional care rate.
11 (2) The Department shall establish an exceptions and
12 appeals process that permits a home care consumer to
13 request an exception to any limit imposed by the Department
14 up to a maximum of no less than 66 hours per week.
15 Exceptions shall be approved as appropriate to maintain
16 consumer independence and shall be approved, at a minimum,
17 under the following circumstances which must be verified by
18 the Department:
19 (A) Delayed arrival of a provider.
20 (B) Sudden loss of a provider.
21 (C) Unexpected illness of a provider.
22 (D) Extraordinary circumstances justified by the
23 health and safety issues of the home care consumer.
24 The exceptions and appeals process shall also permit a
25 home care consumer to apply to be pre-approved for the use
26 of a personal assistant or other individual provider for

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1 hours worked above the weekly maximum. Such pre-approval
2 shall last for not less than one year from the date of the
3 approval. Additionally, the exceptions and appeals process
4 shall permit a home care consumer to apply after the fact
5 for the approval of the prior use of a personal assistant
6 or other individual provider who worked up to a maximum of
7 no less than 66 hours per week.
8 (3) Notwithstanding any limit imposed by the
9 Department on the number of hours per week a home care
10 consumer's personal assistant or other individual provider
11 may work, if the home care consumer would face a serious
12 risk of institutionalization, the Department shall work
13 with the home care consumer to ensure that appropriate care
14 in the community will be provided, whether through
15 authorized overtime or another solution.
16 Nothing in this subsection shall limit the Department's
17authority under any other statute to disqualify an individual
18from providing services in the Department's Home Services
19Program for reasons other than the number of weekly hours
20worked by the individual.
21 The Department shall execute, relative to nursing home
22prescreening, as authorized by Section 4.03 of the Illinois Act
23on the Aging, written inter-agency agreements with the
24Department on Aging and the Department of Healthcare and Family
25Services, to effect the intake procedures and eligibility
26criteria for those persons who may need long term care. On and

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1after July 1, 1996, all nursing home prescreenings for
2individuals 18 through 59 years of age shall be conducted by
3the Department, or a designee of the Department.
4 The Department is authorized to establish a system of
5recipient cost-sharing for services provided under this
6Section. The cost-sharing shall be based upon the recipient's
7ability to pay for services, but in no case shall the
8recipient's share exceed the actual cost of the services
9provided. Protected income shall not be considered by the
10Department in its determination of the recipient's ability to
11pay a share of the cost of services. The level of cost-sharing
12shall be adjusted each year to reflect changes in the
13"protected income" level. The Department shall deduct from the
14recipient's share of the cost of services any money expended by
15the recipient for disability-related expenses.
16 To the extent permitted under the federal Social Security
17Act, the Department, or the Department's authorized
18representative, may recover the amount of moneys expended for
19services provided to or in behalf of a person under this
20Section by a claim against the person's estate or against the
21estate of the person's surviving spouse, but no recovery may be
22had until after the death of the surviving spouse, if any, and
23then only at such time when there is no surviving child who is
24under age 21 or blind or who has a permanent and total
25disability. This paragraph, however, shall not bar recovery, at
26the death of the person, of moneys for services provided to the

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1person or in behalf of the person under this Section to which
2the person was not entitled; provided that such recovery shall
3not be enforced against any real estate while it is occupied as
4a homestead by the surviving spouse or other dependent, if no
5claims by other creditors have been filed against the estate,
6or, if such claims have been filed, they remain dormant for
7failure of prosecution or failure of the claimant to compel
8administration of the estate for the purpose of payment. This
9paragraph shall not bar recovery from the estate of a spouse,
10under Sections 1915 and 1924 of the Social Security Act and
11Section 5-4 of the Illinois Public Aid Code, who precedes a
12person receiving services under this Section in death. All
13moneys for services paid to or in behalf of the person under
14this Section shall be claimed for recovery from the deceased
15spouse's estate. "Homestead", as used in this paragraph, means
16the dwelling house and contiguous real estate occupied by a
17surviving spouse or relative, as defined by the rules and
18regulations of the Department of Healthcare and Family
19Services, regardless of the value of the property.
20 The Department shall submit an annual report on programs
21and services provided under this Section. The report shall be
22filed with the Governor and the General Assembly on or before
23March 30 each year.
24 The requirement for reporting to the General Assembly shall
25be satisfied by filing copies of the report with the Speaker,
26the Minority Leader and the Clerk of the House of

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1Representatives and the President, the Minority Leader and the
2Secretary of the Senate and the Legislative Research Unit, as
3required by Section 3.1 of the General Assembly Organization
4Act, and filing additional copies with the State Government
5Report Distribution Center for the General Assembly as required
6under paragraph (t) of Section 7 of the State Library Act.
7 (g) To establish such subdivisions of the Department as
8shall be desirable and assign to the various subdivisions the
9responsibilities and duties placed upon the Department by law.
10 (h) To cooperate and enter into any necessary agreements
11with the Department of Employment Security for the provision of
12job placement and job referral services to clients of the
13Department, including job service registration of such clients
14with Illinois Employment Security offices and making job
15listings maintained by the Department of Employment Security
16available to such clients.
17 (i) To possess all powers reasonable and necessary for the
18exercise and administration of the powers, duties and
19responsibilities of the Department which are provided for by
20law.
21 (j) (Blank).
22 (k) (Blank).
23 (l) To establish, operate and maintain a Statewide Housing
24Clearinghouse of information on available, government
25subsidized housing accessible to persons with disabilities and
26available privately owned housing accessible to persons with

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1disabilities. The information shall include but not be limited
2to the location, rental requirements, access features and
3proximity to public transportation of available housing. The
4Clearinghouse shall consist of at least a computerized database
5for the storage and retrieval of information and a separate or
6shared toll free telephone number for use by those seeking
7information from the Clearinghouse. Department offices and
8personnel throughout the State shall also assist in the
9operation of the Statewide Housing Clearinghouse. Cooperation
10with local, State and federal housing managers shall be sought
11and extended in order to frequently and promptly update the
12Clearinghouse's information.
13 (m) To assure that the names and case records of persons
14who received or are receiving services from the Department,
15including persons receiving vocational rehabilitation, home
16services, or other services, and those attending one of the
17Department's schools or other supervised facility shall be
18confidential and not be open to the general public. Those case
19records and reports or the information contained in those
20records and reports shall be disclosed by the Director only to
21proper law enforcement officials, individuals authorized by a
22court, the General Assembly or any committee or commission of
23the General Assembly, and other persons and for reasons as the
24Director designates by rule. Disclosure by the Director may be
25only in accordance with other applicable law.
26(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
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