Bill Text: IL SB0135 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Public Aid Code. Provides that the Department of Human Services, in consultation with the Department of Healthcare and Family Services, shall develop a demonstration project within the Home Services Program under which a spouse may be reimbursed for providing care to his or her spouse, who is eligible for services through the Home Services Program and who meets the criteria for the demonstration project. Provides that the demonstration project shall operate in selected counties and be limited to serving no more than 100 unduplicated persons in a State Fiscal Year. Sets forth required components of the demonstration project. Requires that development of the demonstration project begin by July 1, 2009. Requires an interim report to the Governor and the General Assembly by March 1, 2010 and a report of findings and recommendations by March 1, 2011. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Engrossed - Dead) 2010-03-08 - Added Alternate Co-Sponsor Rep. Karen A. Yarbrough [SB0135 Detail]

Download: Illinois-2009-SB0135-Engrossed.html

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SB0135 Engrossed LRB096 02937 DRJ 12951 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 5-2.08 as follows:
(305 ILCS 5/5-2.08 new)
Sec. 5-2.08. Spousal caregiver demonstration.
(a) The Department of Human Services, in consultation with
the Department of Healthcare and Family Services, shall develop
a demonstration project within the Home Services Program under
which a spouse may be reimbursed for providing care to his or
her spouse, who is eligible for services through the Home
Services Program and who meets the criteria for this
demonstration project. The demonstration project shall operate
in selected counties and be limited to serving no more than 100
unduplicated persons in a State fiscal year.
The components of the demonstration project shall include
the following:
(1) Authorization for a spouse to be reimbursed for
care provided to his or her otherwise eligible spouse
through the Home Services Program.
(2) The development of specific criteria for the
provision of services under the demonstration project.

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Criteria applicable to a spousal caregiver shall include,
but need not be limited to, (i) a limitation on the total
hours of a spousal caregiver's outside employment plus
hours of providing care to his or her eligible spouse to
ensure that the complete plan of care is delivered to the
eligible spouse and (ii) limitations on a spousal
caregiver's participation in the demonstration project if
the caregiver has a known history of spousal abuse,
neglect, or exploitation.
(3) The determination of the personal care or similar
services for which payment may be made. Spousal caregivers
shall be paid at the Personal Assistant level of care and
pay rate. In those instances in which the eligible spouse
requires specialized services (for example, services
provided by a certified nursing assistant (CNA), licensed
practical nurse (LPN), or registered nurse (RN)) and the
spousal caregiver has the corresponding certification or
licensure, the spousal caregiver shall be paid the higher
rate for the specialized services only. The specialized
services the eligible spouse is authorized to receive shall
be defined and approved in the services plan.
(4) The method for determining that the amount of
personal care or similar services provided by the spouse is
"extraordinary care" that exceeds the ordinary care that
would be provided to a spouse without a disability.
(5) Limitations on the number of hours of personal

SB0135 Engrossed - 3 - LRB096 02937 DRJ 12951 b
services that will be reimbursed.
(6) Utilization of the Determination of Need
evaluation and other comprehensive assessment tools as
criteria for determining eligibility and developing
service plans under the demonstration project.
(7) Determination of how or whether the provision of
personal care by the spouse is in the best interest of his
or her spouse, who is an eligible participant in the
demonstration project.
(8) Use of procedures that ensure that payments are
made for services rendered.
(9) Assurances that all other criteria of the
demonstration project are met.
(10) Measurement of participant experiences.
(11) Monthly in-home monitoring of the health and
safety of the eligible spouse.
(12) Documentation of the marital relationship for
participation in the demonstration project.
(13) Assurances that the eligible spouse is capable of
communicating his or her needs.
(14) Enrollment of an alternative care provider to
ensure that there is no disruption of care to the eligible
spouse.
(15) Assurances that the spousal caregiver is
emotionally, physically, and cognitively able to provide
the necessary care to the eligible spouse.

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(b) By July 1, 2009, the Department of Human Services, in
consultation with the Department of Healthcare and Family
Services, shall begin development of the demonstration
project. The Department of Human Services shall provide an
interim report on or before March 1, 2010 to the Governor and
the General Assembly that includes the progress on the
development of the demonstration project and implementation
timelines of the demonstration project and the criteria for the
demonstration project.
(c) The Department of Human Services shall report findings
and recommendations by March 1, 2011 to the Governor and the
General Assembly. The report shall include an explanation of
the manner in which each demonstration project component listed
in paragraphs (1) through (10) of subsection (a) is addressed.
In addition, the report shall include (i) the estimated number
of clients statewide who could utilize services and (ii) an
analysis of the fiscal impact per client on the Department's
new and existing costs under the Home Services Program.
Section 99. Effective date. This Act takes effect upon
becoming law.