Bill Text: IL HB4421 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services' Home Services Program, provides that subject to federal approval the Department shall allow a recipient's spouse to serve as his or her provider of personal care or similar services. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [HB4421 Detail]
Download: Illinois-2021-HB4421-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 Rehabilitation of Persons with Disabilities | |||||||||||||||||||
5 | Act is 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 | Sec. 3. Powers and duties. The Department shall have the | |||||||||||||||||||
8 | powers and
duties enumerated
herein:
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9 | (a) To cooperate with the federal government in the | |||||||||||||||||||
10 | administration
of the provisions of the federal | |||||||||||||||||||
11 | Rehabilitation Act of 1973, as amended by the Workforce
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12 | Innovation and Opportunity Act,
and of the federal Social | |||||||||||||||||||
13 | Security Act to the extent and in the manner
provided in | |||||||||||||||||||
14 | these Acts.
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15 | (b) To prescribe and supervise such courses of | |||||||||||||||||||
16 | vocational training
and provide such other services as may | |||||||||||||||||||
17 | be necessary for the vocational rehabilitation of persons | |||||||||||||||||||
18 | with one or more disabilities, including the
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19 | administrative activities under subsection (e) of this | |||||||||||||||||||
20 | Section; to cooperate
with State and local school | |||||||||||||||||||
21 | authorities and other recognized
agencies engaged in | |||||||||||||||||||
22 | vocational
rehabilitation services; and to cooperate with | |||||||||||||||||||
23 | the Department of Children
and Family Services, the |
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1 | Illinois State Board of Education, and others regarding | ||||||
2 | the education of children with one
or more disabilities.
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3 | (c) (Blank).
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4 | (d) To report in writing, to the Governor, annually on | ||||||
5 | or before the
first day of December, and at such other | ||||||
6 | times and in such manner and
upon such subjects as the | ||||||
7 | Governor may require. The annual report shall
contain (1) | ||||||
8 | information on the programs and activities dedicated to | ||||||
9 | vocational rehabilitation, independent living, and other | ||||||
10 | community services and supports administered by the | ||||||
11 | Director; (2) information on the development of vocational | ||||||
12 | rehabilitation services, independent living services, and | ||||||
13 | supporting services administered by the Director in the | ||||||
14 | State; and (3) information detailing the
amounts of money | ||||||
15 | received from federal, State, and other sources, and of
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16 | the objects and purposes to which the respective items of | ||||||
17 | these several
amounts have been devoted.
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18 | (e) (Blank).
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19 | (f) To establish a program of services to prevent the | ||||||
20 | unnecessary
institutionalization of persons in need of | ||||||
21 | long term care and who meet the criteria for blindness or | ||||||
22 | disability as defined by the Social Security Act, thereby | ||||||
23 | enabling them to
remain in their own homes. Such | ||||||
24 | preventive
services include any or all of the following:
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25 | (1) personal assistant services;
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26 | (2) homemaker services;
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1 | (3) home-delivered meals;
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2 | (4) adult day care services;
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3 | (5) respite care;
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4 | (6) home modification or assistive equipment;
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5 | (7) home health services;
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6 | (8) electronic home response;
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7 | (9) brain injury behavioral/cognitive services;
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8 | (10) brain injury habilitation;
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9 | (11) brain injury pre-vocational services; or
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10 | (12) brain injury supported employment.
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11 | The Department shall establish eligibility
standards | ||||||
12 | for such services taking into consideration the unique
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13 | economic and social needs of the population for whom they | ||||||
14 | are to
be provided. Such eligibility standards may be | ||||||
15 | based on the recipient's
ability to pay for services; | ||||||
16 | provided, however, that any portion of a
person's income | ||||||
17 | that is equal to or less than the "protected income" level
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18 | shall not be considered by the Department in determining | ||||||
19 | eligibility. The
"protected income" level shall be | ||||||
20 | determined by the Department, shall never be
less than the | ||||||
21 | federal poverty standard, and shall be adjusted each year | ||||||
22 | to
reflect changes in the Consumer Price Index For All | ||||||
23 | Urban Consumers as
determined by the United States | ||||||
24 | Department of Labor. The standards must
provide that a | ||||||
25 | person may not have more than $10,000 in assets to be | ||||||
26 | eligible for the services, and the Department may increase |
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1 | or decrease the asset limitation by rule. The Department | ||||||
2 | may not decrease the asset level below $10,000. Subject to | ||||||
3 | federal approval, the Department shall allow a recipient's | ||||||
4 | spouse to serve as his or her provider of personal care or | ||||||
5 | similar services.
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6 | The services shall be provided, as established by the
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7 | Department by rule, to eligible persons
to prevent | ||||||
8 | unnecessary or premature institutionalization, to
the | ||||||
9 | extent that the cost of the services, together with the
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10 | other personal maintenance expenses of the persons, are | ||||||
11 | reasonably
related to the standards established for care | ||||||
12 | in a group facility
appropriate to their condition. These | ||||||
13 | non-institutional
services, pilot projects or experimental | ||||||
14 | facilities may be provided as part of
or in addition to | ||||||
15 | those authorized by federal law or those funded and
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16 | administered by the Illinois Department on Aging. The | ||||||
17 | Department shall set rates and fees for services in a fair | ||||||
18 | and equitable manner. Services identical to those offered | ||||||
19 | by the Department on Aging shall be paid at the same rate.
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20 | Except as otherwise provided in this paragraph, | ||||||
21 | personal assistants shall be paid at a rate negotiated
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22 | between the State and an exclusive representative of | ||||||
23 | personal
assistants under a collective bargaining | ||||||
24 | agreement. In no case
shall the Department pay personal | ||||||
25 | assistants an hourly wage
that is less than the federal | ||||||
26 | minimum wage. Within 30 days after July 6, 2017 (the |
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1 | effective date of Public Act 100-23), the hourly wage paid | ||||||
2 | to personal assistants and individual maintenance home | ||||||
3 | health workers shall be increased by $0.48 per hour.
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4 | Solely for the purposes of coverage under the Illinois | ||||||
5 | Public Labor
Relations
Act, personal assistants providing
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6 | services under
the Department's Home Services Program | ||||||
7 | shall be considered to be public
employees
and the State | ||||||
8 | of Illinois shall be considered to be their employer as of | ||||||
9 | July 16, 2003 (the
effective date of Public Act 93-204), | ||||||
10 | but not before. Solely for the purposes of coverage under | ||||||
11 | the Illinois Public Labor Relations Act, home care and | ||||||
12 | home health workers who function as personal assistants | ||||||
13 | and individual maintenance home health workers and who | ||||||
14 | also provide services under the Department's Home Services | ||||||
15 | Program shall be considered to be public employees, no | ||||||
16 | matter whether the State provides such services through | ||||||
17 | direct fee-for-service arrangements, with the assistance | ||||||
18 | of a managed care organization or other intermediary, or | ||||||
19 | otherwise, and the State of Illinois shall be considered | ||||||
20 | to be the employer of those persons as of January 29, 2013 | ||||||
21 | (the effective date of Public Act 97-1158), but not before | ||||||
22 | except as otherwise provided under this subsection (f). | ||||||
23 | The State
shall
engage in collective bargaining with an | ||||||
24 | exclusive representative of home care and home health | ||||||
25 | workers who function as personal assistants and individual | ||||||
26 | maintenance home health workers working under the Home |
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1 | Services Program
concerning
their terms and conditions of | ||||||
2 | employment that are within the State's control.
Nothing in
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3 | this paragraph shall be understood to limit the right of | ||||||
4 | the persons receiving
services
defined in this Section to | ||||||
5 | hire and fire
home care and home health workers who | ||||||
6 | function as personal assistants
and individual maintenance | ||||||
7 | home health workers working under the Home Services | ||||||
8 | Program or to supervise them within the limitations set by | ||||||
9 | the Home Services Program. The
State
shall not be | ||||||
10 | considered to be the employer of
home care and home health | ||||||
11 | workers who function as personal
assistants and individual | ||||||
12 | maintenance home health workers working under the Home | ||||||
13 | Services Program for any purposes not specifically | ||||||
14 | provided in Public Act 93-204 or Public Act 97-1158, | ||||||
15 | including but not limited to, purposes of vicarious | ||||||
16 | liability
in tort and
purposes of statutory retirement or | ||||||
17 | health insurance benefits. Home care and home health | ||||||
18 | workers who function as personal assistants and individual | ||||||
19 | maintenance home health workers and who also provide | ||||||
20 | services under the Department's Home Services Program | ||||||
21 | shall not be covered by the State Employees Group
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22 | Insurance Act
of 1971.
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23 | The Department shall execute, relative to nursing home | ||||||
24 | prescreening, as authorized by Section 4.03 of the | ||||||
25 | Illinois Act on the Aging,
written inter-agency agreements | ||||||
26 | with the Department on Aging and
the Department of |
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1 | Healthcare and Family Services, to effect the intake | ||||||
2 | procedures
and eligibility criteria for those persons who | ||||||
3 | may need long term care. On and after July 1, 1996, all | ||||||
4 | nursing
home prescreenings for individuals 18 through 59 | ||||||
5 | years of age shall be
conducted by the Department, or a | ||||||
6 | designee of the
Department.
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7 | The Department is authorized to establish a system of | ||||||
8 | recipient cost-sharing
for services provided under this | ||||||
9 | Section. The cost-sharing shall be based upon
the | ||||||
10 | recipient's ability to pay for services, but in no case | ||||||
11 | shall the
recipient's share exceed the actual cost of the | ||||||
12 | services provided. Protected
income shall not be | ||||||
13 | considered by the Department in its determination of the
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14 | recipient's ability to pay a share of the cost of | ||||||
15 | services. The level of
cost-sharing shall be adjusted each | ||||||
16 | year to reflect changes in the "protected
income" level. | ||||||
17 | The Department shall deduct from the recipient's share of | ||||||
18 | the
cost of services any money expended by the recipient | ||||||
19 | for disability-related
expenses.
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20 | To the extent permitted under the federal Social | ||||||
21 | Security Act, the Department, or the Department's | ||||||
22 | authorized representative, may recover
the amount of | ||||||
23 | moneys expended for services provided to or in behalf of a | ||||||
24 | person
under this Section by a claim against the person's | ||||||
25 | estate or against the estate
of the person's surviving | ||||||
26 | spouse, but no recovery may be had until after the
death of |
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1 | the surviving spouse, if any, and then only at such time | ||||||
2 | when there is
no surviving child who is under age 21 or | ||||||
3 | blind or who has a permanent and total disability. This | ||||||
4 | paragraph, however, shall not bar recovery, at the death | ||||||
5 | of the
person, of moneys for services provided to the | ||||||
6 | person or in behalf of the
person under this Section to | ||||||
7 | which the person was not entitled; provided that
such | ||||||
8 | recovery shall not be enforced against any real estate | ||||||
9 | while
it is occupied as a homestead by the surviving | ||||||
10 | spouse or other dependent, if no
claims by other creditors | ||||||
11 | have been filed against the estate, or, if such
claims | ||||||
12 | have been filed, they remain dormant for failure of | ||||||
13 | prosecution or
failure of the claimant to compel | ||||||
14 | administration of the estate for the purpose
of payment. | ||||||
15 | This paragraph shall not bar recovery from the estate of a | ||||||
16 | spouse,
under Sections 1915 and 1924 of the Social | ||||||
17 | Security Act and Section 5-4 of the
Illinois Public Aid | ||||||
18 | Code, who precedes a person receiving services under this
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19 | Section in death. All moneys for services
paid to or in | ||||||
20 | behalf of the person under this Section shall be claimed | ||||||
21 | for
recovery from the deceased spouse's estate. | ||||||
22 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
23 | house and
contiguous real estate occupied by a surviving | ||||||
24 | spouse or relative, as defined
by the rules and | ||||||
25 | regulations of the Department of Healthcare and Family | ||||||
26 | Services,
regardless of the value of the property.
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1 | (g) To establish such subdivisions of the Department
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2 | as shall be desirable and assign to the various | ||||||
3 | subdivisions the
responsibilities and duties placed upon | ||||||
4 | the Department by law.
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5 | (h) To cooperate and enter into any necessary | ||||||
6 | agreements with the
Department of Employment Security for | ||||||
7 | the provision of job placement and
job referral services | ||||||
8 | to clients of the Department, including job
service | ||||||
9 | registration of such clients with Illinois Employment | ||||||
10 | Security
offices and making job listings maintained by the | ||||||
11 | Department of Employment
Security available to such | ||||||
12 | clients.
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13 | (i) To possess all powers reasonable and necessary for
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14 | the exercise and administration of the powers, duties and
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15 | responsibilities of the Department which are provided for | ||||||
16 | by law.
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17 | (j) (Blank).
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18 | (k) (Blank).
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19 | (l) To establish, operate, and maintain a Statewide | ||||||
20 | Housing Clearinghouse
of information on available | ||||||
21 | government subsidized housing accessible to
persons with | ||||||
22 | disabilities and available privately owned housing | ||||||
23 | accessible to
persons with disabilities. The information | ||||||
24 | shall include, but not be limited to, the
location, rental | ||||||
25 | requirements, access features and proximity to public
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26 | transportation of available housing. The Clearinghouse |
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1 | shall consist
of at least a computerized database for the | ||||||
2 | storage and retrieval of
information and a separate or | ||||||
3 | shared toll free telephone number for use by
those seeking | ||||||
4 | information from the Clearinghouse. Department offices and
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5 | personnel throughout the State shall also assist in the | ||||||
6 | operation of the
Statewide Housing Clearinghouse. | ||||||
7 | Cooperation with local, State, and federal
housing | ||||||
8 | managers shall be sought and extended in order to | ||||||
9 | frequently and
promptly update the Clearinghouse's | ||||||
10 | information.
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11 | (m) To assure that the names and case records of | ||||||
12 | persons who received or
are
receiving services from the | ||||||
13 | Department, including persons receiving vocational
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14 | rehabilitation, home services, or other services, and | ||||||
15 | those attending one of
the Department's schools or other | ||||||
16 | supervised facility shall be confidential and
not be open | ||||||
17 | to the general public. Those case records and reports or | ||||||
18 | the
information contained in those records and reports | ||||||
19 | shall be disclosed by the
Director only to proper law | ||||||
20 | enforcement officials, individuals authorized by a
court, | ||||||
21 | the General Assembly or any committee or commission of the | ||||||
22 | General
Assembly, and other persons and for reasons as the | ||||||
23 | Director designates by rule.
Disclosure by the Director | ||||||
24 | may be only in accordance with other applicable
law.
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25 | (Source: P.A. 102-264, eff. 8-6-21.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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