Bill Text: IL SB0274 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Procurement Code. Makes a technical change in a Section concerning the revolving door prohibition.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Failed) 2015-09-04 - Total Veto Stands [SB0274 Detail]
Download: Illinois-2015-SB0274-Enrolled.html
Bill Title: Amends the Illinois Procurement Code. Makes a technical change in a Section concerning the revolving door prohibition.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Failed) 2015-09-04 - Total Veto Stands [SB0274 Detail]
Download: Illinois-2015-SB0274-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning finance.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
5 | Section 5-5. The Illinois Act on the Aging is amended by | ||||||
6 | changing Section 4.02 as follows:
| ||||||
7 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||
8 | Sec. 4.02. Community Care Program. The Department shall | ||||||
9 | establish a program of services to
prevent unnecessary | ||||||
10 | institutionalization of persons age 60 and older in
need of | ||||||
11 | long term care or who are established as persons who suffer | ||||||
12 | from
Alzheimer's disease or a related disorder under the | ||||||
13 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
14 | remain in their own homes or in other living arrangements. Such
| ||||||
15 | preventive services, which may be coordinated with other | ||||||
16 | programs for the
aged and monitored by area agencies on aging | ||||||
17 | in cooperation with the
Department, may include, but are not | ||||||
18 | limited to, any or all of the following:
| ||||||
19 | (a) (blank);
| ||||||
20 | (b) (blank);
| ||||||
21 | (c) home care aide services;
| ||||||
22 | (d) personal assistant services;
|
| |||||||
| |||||||
1 | (e) adult day services;
| ||||||
2 | (f) home-delivered meals;
| ||||||
3 | (g) education in self-care;
| ||||||
4 | (h) personal care services;
| ||||||
5 | (i) adult day health services;
| ||||||
6 | (j) habilitation services;
| ||||||
7 | (k) respite care;
| ||||||
8 | (k-5) community reintegration services;
| ||||||
9 | (k-6) flexible senior services; | ||||||
10 | (k-7) medication management; | ||||||
11 | (k-8) emergency home response;
| ||||||
12 | (l) other nonmedical social services that may enable | ||||||
13 | the person
to become self-supporting; or
| ||||||
14 | (m) clearinghouse for information provided by senior | ||||||
15 | citizen home owners
who want to rent rooms to or share | ||||||
16 | living space with other senior citizens.
| ||||||
17 | The Department shall establish eligibility standards for | ||||||
18 | such
services. In determining the amount and nature of services
| ||||||
19 | for which a person may qualify, consideration shall not be | ||||||
20 | given to the
value of cash, property or other assets held in | ||||||
21 | the name of the person's
spouse pursuant to a written agreement | ||||||
22 | dividing marital property into equal
but separate shares or | ||||||
23 | pursuant to a transfer of the person's interest in a
home to | ||||||
24 | his spouse, provided that the spouse's share of the marital
| ||||||
25 | property is not made available to the person seeking such | ||||||
26 | services.
|
| |||||||
| |||||||
1 | Beginning January 1, 2008, the Department shall require as | ||||||
2 | a condition of eligibility that all new financially eligible | ||||||
3 | applicants apply for and enroll in medical assistance under | ||||||
4 | Article V of the Illinois Public Aid Code in accordance with | ||||||
5 | rules promulgated by the Department.
| ||||||
6 | The Department shall, in conjunction with the Department of | ||||||
7 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
8 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
9 | Social
Security Act. The purpose of the amendments shall be to | ||||||
10 | extend eligibility
for home and community based services under | ||||||
11 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
12 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
13 | income and resources allowed under Section 1924 of
the Social | ||||||
14 | Security Act. Subject to the approval of such amendments, the
| ||||||
15 | Department shall extend the provisions of Section 5-4 of the | ||||||
16 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
17 | of home or
community-based services, would require the level of | ||||||
18 | care provided in an
institution, as is provided for in federal | ||||||
19 | law. Those persons no longer
found to be eligible for receiving | ||||||
20 | noninstitutional services due to changes
in the eligibility | ||||||
21 | criteria shall be given 45 days notice prior to actual
| ||||||
22 | termination. Those persons receiving notice of termination may | ||||||
23 | contact the
Department and request the determination be | ||||||
24 | appealed at any time during the
45 day notice period. The | ||||||
25 | target
population identified for the purposes of this Section | ||||||
26 | are persons age 60
and older with an identified service need. |
| |||||||
| |||||||
1 | Priority shall be given to those
who are at imminent risk of | ||||||
2 | institutionalization. The services shall be
provided to | ||||||
3 | eligible persons age 60 and older to the extent that the cost
| ||||||
4 | of the services together with the other personal maintenance
| ||||||
5 | expenses of the persons are reasonably related to the standards
| ||||||
6 | established for care in a group facility appropriate to the | ||||||
7 | person's
condition. These non-institutional services, pilot | ||||||
8 | projects or
experimental facilities may be provided as part of | ||||||
9 | or in addition to
those authorized by federal law or those | ||||||
10 | funded and administered by the
Department of Human Services. | ||||||
11 | The Departments of Human Services, Healthcare and Family | ||||||
12 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
13 | Economic Opportunity and
other appropriate agencies of State, | ||||||
14 | federal and local governments shall
cooperate with the | ||||||
15 | Department on Aging in the establishment and development
of the | ||||||
16 | non-institutional services. The Department shall require an | ||||||
17 | annual
audit from all personal assistant
and home care aide | ||||||
18 | vendors contracting with
the Department under this Section. The | ||||||
19 | annual audit shall assure that each
audited vendor's procedures | ||||||
20 | are in compliance with Department's financial
reporting | ||||||
21 | guidelines requiring an administrative and employee wage and | ||||||
22 | benefits cost split as defined in administrative rules. The | ||||||
23 | audit is a public record under
the Freedom of Information Act. | ||||||
24 | The Department shall execute, relative to
the nursing home | ||||||
25 | prescreening project, written inter-agency
agreements with the | ||||||
26 | Department of Human Services and the Department
of Healthcare |
| |||||||
| |||||||
1 | and Family Services, to effect the following: (1) intake | ||||||
2 | procedures and common
eligibility criteria for those persons | ||||||
3 | who are receiving non-institutional
services; and (2) the | ||||||
4 | establishment and development of non-institutional
services in | ||||||
5 | areas of the State where they are not currently available or | ||||||
6 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
7 | prescreenings for
individuals 60 years of age or older shall be | ||||||
8 | conducted by the Department.
| ||||||
9 | As part of the Department on Aging's routine training of | ||||||
10 | case managers and case manager supervisors, the Department may | ||||||
11 | include information on family futures planning for persons who | ||||||
12 | are age 60 or older and who are caregivers of their adult | ||||||
13 | children with developmental disabilities. The content of the | ||||||
14 | training shall be at the Department's discretion. | ||||||
15 | The Department is authorized to establish a system of | ||||||
16 | recipient copayment
for services provided under this Section, | ||||||
17 | such copayment to be based upon
the recipient's ability to pay | ||||||
18 | but in no case to exceed the actual cost of
the services | ||||||
19 | provided. Additionally, any portion of a person's income which
| ||||||
20 | is equal to or less than the federal poverty standard shall not | ||||||
21 | be
considered by the Department in determining the copayment. | ||||||
22 | The level of
such copayment shall be adjusted whenever | ||||||
23 | necessary to reflect any change
in the officially designated | ||||||
24 | federal poverty standard.
| ||||||
25 | The Department, or the Department's authorized | ||||||
26 | representative, may
recover the amount of moneys expended for |
| |||||||
| |||||||
1 | services provided to or in
behalf of a person under this | ||||||
2 | Section by a claim against the person's
estate or against the | ||||||
3 | estate of the person's surviving spouse, but no
recovery may be | ||||||
4 | had until after the death of the surviving spouse, if
any, and | ||||||
5 | then only at such time when there is no surviving child who
is | ||||||
6 | under age 21, blind, or permanently and totally disabled. This
| ||||||
7 | paragraph, however, shall not bar recovery, at the death of the | ||||||
8 | person, of
moneys for services provided to the person or in | ||||||
9 | behalf of the person under
this Section to which the person was | ||||||
10 | not entitled;
provided that such recovery shall not be enforced | ||||||
11 | against any real estate while
it is occupied as a homestead by | ||||||
12 | the surviving spouse or other dependent, if no
claims by other | ||||||
13 | creditors have been filed against the estate, or, if such
| ||||||
14 | claims have been filed, they remain dormant for failure of | ||||||
15 | prosecution or
failure of the claimant to compel administration | ||||||
16 | of the estate for the purpose
of payment. This paragraph shall | ||||||
17 | not bar recovery from the estate of a spouse,
under Sections | ||||||
18 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
19 | Illinois Public Aid Code, who precedes a person receiving | ||||||
20 | services under this
Section in death. All moneys for services
| ||||||
21 | paid to or in behalf of the person under this Section shall be | ||||||
22 | claimed for
recovery from the deceased spouse's estate. | ||||||
23 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
24 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
25 | or relative, as defined by the rules and regulations of the | ||||||
26 | Department of Healthcare and Family Services, regardless of the |
| |||||||
| |||||||
1 | value of the property.
| ||||||
2 | The Department shall increase the effectiveness of the | ||||||
3 | existing Community Care Program by: | ||||||
4 | (1) ensuring that in-home services included in the care | ||||||
5 | plan are available on evenings and weekends; | ||||||
6 | (2) ensuring that care plans contain the services that | ||||||
7 | eligible participants
need based on the number of days in a | ||||||
8 | month, not limited to specific blocks of time, as | ||||||
9 | identified by the comprehensive assessment tool selected | ||||||
10 | by the Department for use statewide, not to exceed the | ||||||
11 | total monthly service cost maximum allowed for each | ||||||
12 | service; the Department shall develop administrative rules | ||||||
13 | to implement this item (2); | ||||||
14 | (3) ensuring that the participants have the right to | ||||||
15 | choose the services contained in their care plan and to | ||||||
16 | direct how those services are provided, based on | ||||||
17 | administrative rules established by the Department; | ||||||
18 | (4) ensuring that the determination of need tool is | ||||||
19 | accurate in determining the participants' level of need; to | ||||||
20 | achieve this, the Department, in conjunction with the Older | ||||||
21 | Adult Services Advisory Committee, shall institute a study | ||||||
22 | of the relationship between the Determination of Need | ||||||
23 | scores, level of need, service cost maximums, and the | ||||||
24 | development and utilization of service plans no later than | ||||||
25 | May 1, 2008; findings and recommendations shall be | ||||||
26 | presented to the Governor and the General Assembly no later |
| |||||||
| |||||||
1 | than January 1, 2009; recommendations shall include all | ||||||
2 | needed changes to the service cost maximums schedule and | ||||||
3 | additional covered services; | ||||||
4 | (5) ensuring that homemakers can provide personal care | ||||||
5 | services that may or may not involve contact with clients, | ||||||
6 | including but not limited to: | ||||||
7 | (A) bathing; | ||||||
8 | (B) grooming; | ||||||
9 | (C) toileting; | ||||||
10 | (D) nail care; | ||||||
11 | (E) transferring; | ||||||
12 | (F) respiratory services; | ||||||
13 | (G) exercise; or | ||||||
14 | (H) positioning; | ||||||
15 | (6) ensuring that homemaker program vendors are not | ||||||
16 | restricted from hiring homemakers who are family members of | ||||||
17 | clients or recommended by clients; the Department may not, | ||||||
18 | by rule or policy, require homemakers who are family | ||||||
19 | members of clients or recommended by clients to accept | ||||||
20 | assignments in homes other than the client; | ||||||
21 | (7) ensuring that the State may access maximum federal | ||||||
22 | matching funds by seeking approval for the Centers for | ||||||
23 | Medicare and Medicaid Services for modifications to the | ||||||
24 | State's home and community based services waiver and | ||||||
25 | additional waiver opportunities, including applying for | ||||||
26 | enrollment in the Balance Incentive Payment Program by May |
| |||||||
| |||||||
1 | 1, 2013, in order to maximize federal matching funds; this | ||||||
2 | shall include, but not be limited to, modification that | ||||||
3 | reflects all changes in the Community Care Program services | ||||||
4 | and all increases in the services cost maximum; | ||||||
5 | (8) ensuring that the determination of need tool | ||||||
6 | accurately reflects the service needs of individuals with | ||||||
7 | Alzheimer's disease and related dementia disorders; | ||||||
8 | (9) ensuring that services are authorized accurately | ||||||
9 | and consistently for the Community Care Program (CCP); the | ||||||
10 | Department shall implement a Service Authorization policy | ||||||
11 | directive; the purpose shall be to ensure that eligibility | ||||||
12 | and services are authorized accurately and consistently in | ||||||
13 | the CCP program; the policy directive shall clarify service | ||||||
14 | authorization guidelines to Care Coordination Units and | ||||||
15 | Community Care Program providers no later than May 1, 2013; | ||||||
16 | (10) working in conjunction with Care Coordination | ||||||
17 | Units, the Department of Healthcare and Family Services, | ||||||
18 | the Department of Human Services, Community Care Program | ||||||
19 | providers, and other stakeholders to make improvements to | ||||||
20 | the Medicaid claiming processes and the Medicaid | ||||||
21 | enrollment procedures or requirements as needed, | ||||||
22 | including, but not limited to, specific policy changes or | ||||||
23 | rules to improve the up-front enrollment of participants in | ||||||
24 | the Medicaid program and specific policy changes or rules | ||||||
25 | to insure more prompt submission of bills to the federal | ||||||
26 | government to secure maximum federal matching dollars as |
| |||||||
| |||||||
1 | promptly as possible; the Department on Aging shall have at | ||||||
2 | least 3 meetings with stakeholders by January 1, 2014 in | ||||||
3 | order to address these improvements; | ||||||
4 | (11) requiring home care service providers to comply | ||||||
5 | with the rounding of hours worked provisions under the | ||||||
6 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
7 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
8 | (12) implementing any necessary policy changes or | ||||||
9 | promulgating any rules, no later than January 1, 2014, to | ||||||
10 | assist the Department of Healthcare and Family Services in | ||||||
11 | moving as many participants as possible, consistent with | ||||||
12 | federal regulations, into coordinated care plans if a care | ||||||
13 | coordination plan that covers long term care is available | ||||||
14 | in the recipient's area; and | ||||||
15 | (13) maintaining fiscal year 2014 rates at the same | ||||||
16 | level established on January 1, 2013. | ||||||
17 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
18 | Counseling Demonstration Project as is practicable, the | ||||||
19 | Department may, based on its evaluation of the demonstration | ||||||
20 | project, promulgate rules concerning personal assistant | ||||||
21 | services, to include, but need not be limited to, | ||||||
22 | qualifications, employment screening, rights under fair labor | ||||||
23 | standards, training, fiduciary agent, and supervision | ||||||
24 | requirements. All applicants shall be subject to the provisions | ||||||
25 | of the Health Care Worker Background Check Act.
| ||||||
26 | The Department shall develop procedures to enhance |
| |||||||
| |||||||
1 | availability of
services on evenings, weekends, and on an | ||||||
2 | emergency basis to meet the
respite needs of caregivers. | ||||||
3 | Procedures shall be developed to permit the
utilization of | ||||||
4 | services in successive blocks of 24 hours up to the monthly
| ||||||
5 | maximum established by the Department. Workers providing these | ||||||
6 | services
shall be appropriately trained.
| ||||||
7 | Beginning on the effective date of this Amendatory Act of | ||||||
8 | 1991, no person
may perform chore/housekeeping and home care | ||||||
9 | aide services under a program
authorized by this Section unless | ||||||
10 | that person has been issued a certificate
of pre-service to do | ||||||
11 | so by his or her employing agency. Information
gathered to | ||||||
12 | effect such certification shall include (i) the person's name,
| ||||||
13 | (ii) the date the person was hired by his or her current | ||||||
14 | employer, and
(iii) the training, including dates and levels. | ||||||
15 | Persons engaged in the
program authorized by this Section | ||||||
16 | before the effective date of this
amendatory Act of 1991 shall | ||||||
17 | be issued a certificate of all pre- and
in-service training | ||||||
18 | from his or her employer upon submitting the necessary
| ||||||
19 | information. The employing agency shall be required to retain | ||||||
20 | records of
all staff pre- and in-service training, and shall | ||||||
21 | provide such records to
the Department upon request and upon | ||||||
22 | termination of the employer's contract
with the Department. In | ||||||
23 | addition, the employing agency is responsible for
the issuance | ||||||
24 | of certifications of in-service training completed to their
| ||||||
25 | employees.
| ||||||
26 | The Department is required to develop a system to ensure |
| |||||||
| |||||||
1 | that persons
working as home care aides and personal assistants
| ||||||
2 | receive increases in their
wages when the federal minimum wage | ||||||
3 | is increased by requiring vendors to
certify that they are | ||||||
4 | meeting the federal minimum wage statute for home care aides
| ||||||
5 | and personal assistants. An employer that cannot ensure that | ||||||
6 | the minimum
wage increase is being given to home care aides and | ||||||
7 | personal assistants
shall be denied any increase in | ||||||
8 | reimbursement costs.
| ||||||
9 | The Community Care Program Advisory Committee is created in | ||||||
10 | the Department on Aging. The Director shall appoint individuals | ||||||
11 | to serve in the Committee, who shall serve at their own | ||||||
12 | expense. Members of the Committee must abide by all applicable | ||||||
13 | ethics laws. The Committee shall advise the Department on | ||||||
14 | issues related to the Department's program of services to | ||||||
15 | prevent unnecessary institutionalization. The Committee shall | ||||||
16 | meet on a bi-monthly basis and shall serve to identify and | ||||||
17 | advise the Department on present and potential issues affecting | ||||||
18 | the service delivery network, the program's clients, and the | ||||||
19 | Department and to recommend solution strategies. Persons | ||||||
20 | appointed to the Committee shall be appointed on, but not | ||||||
21 | limited to, their own and their agency's experience with the | ||||||
22 | program, geographic representation, and willingness to serve. | ||||||
23 | The Director shall appoint members to the Committee to | ||||||
24 | represent provider, advocacy, policy research, and other | ||||||
25 | constituencies committed to the delivery of high quality home | ||||||
26 | and community-based services to older adults. Representatives |
| |||||||
| |||||||
1 | shall be appointed to ensure representation from community care | ||||||
2 | providers including, but not limited to, adult day service | ||||||
3 | providers, homemaker providers, case coordination and case | ||||||
4 | management units, emergency home response providers, statewide | ||||||
5 | trade or labor unions that represent home care
aides and direct | ||||||
6 | care staff, area agencies on aging, adults over age 60, | ||||||
7 | membership organizations representing older adults, and other | ||||||
8 | organizational entities, providers of care, or individuals | ||||||
9 | with demonstrated interest and expertise in the field of home | ||||||
10 | and community care as determined by the Director. | ||||||
11 | Nominations may be presented from any agency or State | ||||||
12 | association with interest in the program. The Director, or his | ||||||
13 | or her designee, shall serve as the permanent co-chair of the | ||||||
14 | advisory committee. One other co-chair shall be nominated and | ||||||
15 | approved by the members of the committee on an annual basis. | ||||||
16 | Committee members' terms of appointment shall be for 4 years | ||||||
17 | with one-quarter of the appointees' terms expiring each year. A | ||||||
18 | member shall continue to serve until his or her replacement is | ||||||
19 | named. The Department shall fill vacancies that have a | ||||||
20 | remaining term of over one year, and this replacement shall | ||||||
21 | occur through the annual replacement of expiring terms. The | ||||||
22 | Director shall designate Department staff to provide technical | ||||||
23 | assistance and staff support to the committee. Department | ||||||
24 | representation shall not constitute membership of the | ||||||
25 | committee. All Committee papers, issues, recommendations, | ||||||
26 | reports, and meeting memoranda are advisory only. The Director, |
| |||||||
| |||||||
1 | or his or her designee, shall make a written report, as | ||||||
2 | requested by the Committee, regarding issues before the | ||||||
3 | Committee.
| ||||||
4 | The Department on Aging and the Department of Human | ||||||
5 | Services
shall cooperate in the development and submission of | ||||||
6 | an annual report on
programs and services provided under this | ||||||
7 | Section. Such joint report
shall be filed with the Governor and | ||||||
8 | the General Assembly on or before
September 30 each year.
| ||||||
9 | The requirement for reporting to the General Assembly shall | ||||||
10 | be satisfied
by filing copies of the report with the Speaker, | ||||||
11 | the Minority Leader and
the Clerk of the House of | ||||||
12 | Representatives and the President, the Minority
Leader and the | ||||||
13 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
14 | required by Section 3.1 of the General Assembly Organization | ||||||
15 | Act and
filing such additional copies with the State Government | ||||||
16 | Report Distribution
Center for the General Assembly as is | ||||||
17 | required under paragraph (t) of
Section 7 of the State Library | ||||||
18 | Act.
| ||||||
19 | Those persons previously found eligible for receiving | ||||||
20 | non-institutional
services whose services were discontinued | ||||||
21 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
22 | not meet the eligibility standards in effect
on or after July | ||||||
23 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
24 | Those persons previously not required to cost-share and who | ||||||
25 | were
required to cost-share effective March 1, 1992, shall | ||||||
26 | continue to meet
cost-share requirements on and after July 1, |
| |||||||
| |||||||
1 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
2 | meet
eligibility, cost-share, and other requirements and will | ||||||
3 | have services
discontinued or altered when they fail to meet | ||||||
4 | these requirements. | ||||||
5 | For the purposes of this Section, "flexible senior | ||||||
6 | services" refers to services that require one-time or periodic | ||||||
7 | expenditures including, but not limited to, respite care, home | ||||||
8 | modification, assistive technology, housing assistance, and | ||||||
9 | transportation.
| ||||||
10 | The Department shall implement an electronic service | ||||||
11 | verification based on global positioning systems or other | ||||||
12 | cost-effective technology for the Community Care Program no | ||||||
13 | later than January 1, 2014. | ||||||
14 | The Department shall require, as a condition of | ||||||
15 | eligibility, enrollment in the medical assistance program | ||||||
16 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
17 | August 1, 2013, if the Auditor General has reported that the | ||||||
18 | Department has failed
to comply with the reporting requirements | ||||||
19 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
20 | beginning June 1, 2014, if the Auditor General has reported | ||||||
21 | that the
Department has not undertaken the required actions | ||||||
22 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
23 | of the
Illinois State Auditing Act. | ||||||
24 | The Department shall delay Community Care Program services | ||||||
25 | until an applicant is determined eligible for medical | ||||||
26 | assistance under Article V of the Illinois Public Aid Code (i) |
| |||||||
| |||||||
1 | beginning August 1, 2013, if the Auditor General has reported | ||||||
2 | that the Department has failed
to comply with the reporting | ||||||
3 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
4 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
5 | reported that the
Department has not undertaken the required | ||||||
6 | actions listed in
the report required by subsection (a) of | ||||||
7 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
8 | The Department shall implement co-payments for the | ||||||
9 | Community Care Program at the federally allowable maximum level | ||||||
10 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
11 | reported that the Department has failed
to comply with the | ||||||
12 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
13 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
14 | General has reported that the
Department has not undertaken the | ||||||
15 | required actions listed in
the report required by subsection | ||||||
16 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
17 | The Department shall provide a bi-monthly report on the | ||||||
18 | progress of the Community Care Program reforms set forth in | ||||||
19 | this amendatory Act of the 98th General Assembly to the | ||||||
20 | Governor, the Speaker of the House of Representatives, the | ||||||
21 | Minority Leader of the House of Representatives, the
President | ||||||
22 | of the
Senate, and the Minority Leader of the Senate. | ||||||
23 | The Department shall conduct a quarterly review of Care | ||||||
24 | Coordination Unit performance and adherence to service | ||||||
25 | guidelines. The quarterly review shall be reported to the | ||||||
26 | Speaker of the House of Representatives, the Minority Leader of |
| |||||||
| |||||||
1 | the House of Representatives, the
President of the
Senate, and | ||||||
2 | the Minority Leader of the Senate. The Department shall collect | ||||||
3 | and report longitudinal data on the performance of each care | ||||||
4 | coordination unit. Nothing in this paragraph shall be construed | ||||||
5 | to require the Department to identify specific care | ||||||
6 | coordination units. | ||||||
7 | In regard to community care providers, failure to comply | ||||||
8 | with Department on Aging policies shall be cause for | ||||||
9 | disciplinary action, including, but not limited to, | ||||||
10 | disqualification from serving Community Care Program clients. | ||||||
11 | Each provider, upon submission of any bill or invoice to the | ||||||
12 | Department for payment for services rendered, shall include a | ||||||
13 | notarized statement, under penalty of perjury pursuant to | ||||||
14 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
15 | has complied with all Department policies. | ||||||
16 | The Director of the Department on Aging shall make | ||||||
17 | information available to the State Board of Elections as may be | ||||||
18 | required by an agreement the State Board of Elections has | ||||||
19 | entered into with a multi-state voter registration list | ||||||
20 | maintenance system. | ||||||
21 | The Department shall pay an enhanced rate under the | ||||||
22 | Community Care Program to those in-home service provider | ||||||
23 | agencies that offer health insurance coverage as a benefit to | ||||||
24 | their direct service worker employees consistent with the | ||||||
25 | mandates of Public Act 95-713. The enhanced rate shall be no | ||||||
26 | less than $1.61 per hour. |
| |||||||
| |||||||
1 | (Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171, | ||||||
2 | eff. 6-1-15.)
| ||||||
3 | Section 5-10. The Department of Veterans Affairs Act is | ||||||
4 | amended by changing Sections 2g, 2.03, and 2.04 as follows:
| ||||||
5 | (20 ILCS 2805/2g) | ||||||
6 | Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | ||||||
7 | Veterans' Homes Fund is hereby created as a special fund in the | ||||||
8 | State treasury. From appropriations to the Department from the | ||||||
9 | Fund the Department shall purchase needed equipment and | ||||||
10 | supplies to enhance the lives of the residents at and for to | ||||||
11 | enhance the operations of veterans' homes in Illinois , | ||||||
12 | including capital improvements, building rehabilitation, and | ||||||
13 | repairs .
| ||||||
14 | (Source: P.A. 93-776, eff. 7-21-04.)
| ||||||
15 | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
| ||||||
16 | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||||||
17 | Home are
subject to the rules and regulations adopted by the | ||||||
18 | Department of Veterans'
Affairs to govern the admission of | ||||||
19 | applicants.
| ||||||
20 | Each resident of a Home is liable for the payment of sums
| ||||||
21 | representing maintenance charges for care at the Home at a rate | ||||||
22 | to
be determined by the Department, based on the resident's | ||||||
23 | ability to pay.
However, the charges shall not exceed the |
| |||||||
| |||||||
1 | average annual per
capita cost of maintaining the resident in | ||||||
2 | the Home. The Department,
upon being furnished proof of | ||||||
3 | payment, shall in its discretion
make allowances for unusual | ||||||
4 | expenses in determining the
ability of the resident to pay | ||||||
5 | maintenance charges.
| ||||||
6 | The basis upon which the payment of maintenance charges | ||||||
7 | shall be
calculated by the Department is the average per capita | ||||||
8 | cost
for the care of all residents at each Home for the fiscal | ||||||
9 | year
immediately preceding the period for which the rate for | ||||||
10 | each
Home is being calculated.
| ||||||
11 | The Department may require residents to pay charges | ||||||
12 | monthly,
quarterly, or otherwise as may be most suitably | ||||||
13 | arranged for the
individual members. The amounts received from | ||||||
14 | each Home for the
charges shall be transmitted to the Treasurer | ||||||
15 | of the State of Illinois
for deposit in the Illinois Veterans' | ||||||
16 | Homes Fund each Veterans Home Fund, respectively .
| ||||||
17 | The Department may investigate the financial condition of | ||||||
18 | residents
of a Home to determine their ability to pay | ||||||
19 | maintenance charges and
to establish standards as a basis of | ||||||
20 | judgment for such determination.
Such standards shall be | ||||||
21 | recomputed periodically to reflect
changes in the cost of | ||||||
22 | living and other pertinent factors.
| ||||||
23 | Refusal to pay the maintenance charges is cause for | ||||||
24 | discharge
of a resident from a Home.
| ||||||
25 | The Department may collect any medical or health benefits
| ||||||
26 | to which a resident may become entitled through tax
supported |
| |||||||
| |||||||
1 | or privately financed systems of insurance, as a
result of his | ||||||
2 | or her care or treatment in the facilities provided by the
| ||||||
3 | Department, or because of care or treatment in other facilities
| ||||||
4 | when such care or treatment has been paid for by the | ||||||
5 | Department.
| ||||||
6 | Admission of a resident is not limited or conditioned in | ||||||
7 | any manner
by the financial status of the resident or his or | ||||||
8 | her ability to pay
maintenance charges.
| ||||||
9 | The Department may accept and hold on behalf of the State, | ||||||
10 | if for the
public interest, a grant, gift, devise, or bequest | ||||||
11 | of money or property to
the Department made in trust for the | ||||||
12 | maintenance or support of a resident
of an Illinois Veterans | ||||||
13 | Home or for any other legitimate purpose. The Department shall | ||||||
14 | cause each gift, grant,
devise, or bequest to be kept as a | ||||||
15 | distinct fund and shall invest the same
in the manner provided | ||||||
16 | by the laws of this State relating to securities in
which the | ||||||
17 | deposit in savings banks may be invested. However, the
| ||||||
18 | Department may, at its discretion, deposit in a proper trust | ||||||
19 | company, bank,
or savings bank, during the continuance of the | ||||||
20 | trust, any fund left in
trust for the life of a person and | ||||||
21 | shall adopt rules and regulations
governing the deposit, | ||||||
22 | transfer, or withdrawal of the fund. The Department
shall, on | ||||||
23 | the expiration of any trust as provided in any instrument
| ||||||
24 | creating the trust, dispose of the fund in the manner
provided | ||||||
25 | in the instrument. The Department shall include in its required
| ||||||
26 | reports a statement showing what funds are so held by it and |
| |||||||
| |||||||
1 | the condition
of the funds; provided that monies found on | ||||||
2 | residents at the time of their
admission or accruing to them | ||||||
3 | during their residence at a Home and monies
deposited with the | ||||||
4 | administrators by relatives, guardians, or friends of
| ||||||
5 | residents for the special comfort and pleasure of the resident | ||||||
6 | shall
remain in the custody of the administrators who shall act | ||||||
7 | as trustees for
disbursement to, on behalf of, or for the | ||||||
8 | benefit of the resident. All
types of retirement and pension | ||||||
9 | benefits from private and public sources
may be paid directly | ||||||
10 | to the administrator of a Home for deposit to
the resident | ||||||
11 | trust fund account.
| ||||||
12 | (Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
| ||||||
13 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
| ||||||
14 | Sec. 2.04.
There shall be established in the State Treasury | ||||||
15 | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | ||||||
16 | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | ||||||
17 | Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | ||||||
18 | received by an Illinois Veterans Home from Medicare and from
| ||||||
19 | maintenance charges to veterans, spouses, and surviving | ||||||
20 | spouses residing at
that Home shall be paid into the Illinois | ||||||
21 | Veterans' Homes Fund that Home's Fund . All moneys
received from | ||||||
22 | the
U.S. Department of Veterans Affairs for patient care shall | ||||||
23 | be transmitted to
the Treasurer of the State for deposit in the | ||||||
24 | Illinois Veterans' Homes Fund Veterans Home Fund for the Home
| ||||||
25 | in which the veteran resides . Appropriations shall be made from |
| |||||||
| |||||||
1 | the Illinois Veterans' Homes Fund a Fund only
for the needs of | ||||||
2 | the Illinois Veterans' Homes Home , including capital | ||||||
3 | improvements, building
rehabilitation, and repairs.
| ||||||
4 | The administrator of each Veterans Home shall establish a
| ||||||
5 | locally-held
member's benefits fund. Revenues accruing to an | ||||||
6 | Illinois Veterans Home,
including any donations, grants for the | ||||||
7 | operation of the Home, profits from
commissary stores, and | ||||||
8 | funds received from any individual or other source,
shall be | ||||||
9 | deposited into that Home's benefits fund. Expenditures from the | ||||||
10 | benefits funds
shall
be solely for the special comfort, | ||||||
11 | pleasure, and amusement of residents.
Contributors of | ||||||
12 | unsolicited private donations may specify the purpose for which
| ||||||
13 | the private donations are to be used.
| ||||||
14 | Upon request of the Department, the State's Attorney of the | ||||||
15 | county in which
a resident or living former resident of an | ||||||
16 | Illinois Veterans Home
who is liable under this Act
for payment | ||||||
17 | of sums representing maintenance charges resides shall file
an | ||||||
18 | action in a court of competent jurisdiction against any such | ||||||
19 | person who
fails or refuses to pay such sums. The court may | ||||||
20 | order the payment of sums
due to maintenance charges for such | ||||||
21 | period or periods of time as the
circumstances require.
| ||||||
22 | Upon the death of a person who is or has been a resident of | ||||||
23 | an
Illinois Veterans Home who is
liable for maintenance charges | ||||||
24 | and who is possessed of property, the
Department may present a | ||||||
25 | claim for such sum or for the balance due in
case less than the | ||||||
26 | rate prescribed under this Act has been paid. The
claim shall |
| |||||||
| |||||||
1 | be allowed and paid as other lawful claims against the estate.
| ||||||
2 | The administrator of each Veterans Home shall establish a
| ||||||
3 | locally-held
trust fund to maintain moneys held for residents. | ||||||
4 | Whenever the Department
finds it necessary to preserve order,
| ||||||
5 | preserve health, or enforce discipline, the resident shall | ||||||
6 | deposit in a
trust account at the Home such monies from any | ||||||
7 | source of income as may
be determined necessary, and | ||||||
8 | disbursement of these funds to the resident
shall be made only | ||||||
9 | by direction of the administrator.
| ||||||
10 | If a resident of an Illinois Veterans Home has a
dependent | ||||||
11 | child, spouse, or parent the administrator may
require that all | ||||||
12 | monies
received be deposited in a trust account with dependency | ||||||
13 | contributions
being made at the direction of the administrator. | ||||||
14 | The balance retained
in the trust account shall be disbursed to | ||||||
15 | the resident at the time of
discharge from the Home or to his | ||||||
16 | or her heirs or legal representative
at the time of the | ||||||
17 | resident's death, subject to Department regulations
or order of | ||||||
18 | the court.
| ||||||
19 | The Director of Central Management Services, with the
| ||||||
20 | consent of the Director of Veterans' Affairs, is authorized
and | ||||||
21 | empowered to lease or let any real property held by the | ||||||
22 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
23 | to entities or
persons upon terms and conditions which are | ||||||
24 | considered to be in the best
interest of that Home. The real | ||||||
25 | property must not be needed for any direct
or immediate purpose | ||||||
26 | of the Home. In any leasing or letting, primary
consideration |
| |||||||
| |||||||
1 | shall be given to the use of real property for agricultural
| ||||||
2 | purposes, and all moneys received shall be transmitted to the | ||||||
3 | Treasurer of
the State for deposit in the Illinois Veterans' | ||||||
4 | Homes Fund appropriate Veterans Home Fund . | ||||||
5 | Notwithstanding any other provision of law, in addition to | ||||||
6 | any other transfers that may be provided by law, on July 1, | ||||||
7 | 2015, or as soon thereafter as practical, the State Comptroller | ||||||
8 | shall direct and the State Treasurer shall transfer the | ||||||
9 | remaining balances from the LaSalle Veterans Home Fund, the | ||||||
10 | Anna Veterans Home Fund, the Manteno Veterans Home Fund, and | ||||||
11 | the Quincy Veterans Home Fund into the Illinois Veterans' Homes | ||||||
12 | Fund. Upon completion of the transfers, the LaSalle Veterans | ||||||
13 | Home Fund, the Anna Veterans Home Fund, the Manteno Veterans | ||||||
14 | Home Fund, and the Quincy Veterans Home Fund are dissolved, and | ||||||
15 | any future deposits due to those Funds and any outstanding | ||||||
16 | obligations or liabilities of those Funds pass to the Illinois | ||||||
17 | Veterans' Homes Fund.
| ||||||
18 | (Source: P.A. 97-297, eff. 1-1-12.)
| ||||||
19 | Section 5-15. The State Finance Act is amended by changing | ||||||
20 | Section 8g-1 as follows:
| ||||||
21 | (30 ILCS 105/8g-1) | ||||||
22 | Sec. 8g-1. Fund transfers. | ||||||
23 | (a) In addition to any other transfers that may be provided | ||||||
24 | for by law, on and after July 1, 2012 and until May 1, 2013, at |
| |||||||
| |||||||
1 | the direction of and upon notification from the Governor, the | ||||||
2 | State Comptroller shall direct and the State Treasurer shall | ||||||
3 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
4 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
5 | Any amounts so transferred shall be retransferred by the State | ||||||
6 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
7 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
8 | and upon notification from the Governor, but in any event on or | ||||||
9 | before June 30, 2013.
| ||||||
10 | (b) In addition to any other transfers that may be provided | ||||||
11 | for by law, on and after July 1, 2013 and until May 1, 2014, at | ||||||
12 | the direction of and upon notification from the Governor, the | ||||||
13 | State Comptroller shall direct and the State Treasurer shall | ||||||
14 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
15 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
16 | Any amounts so transferred shall be retransferred by the State | ||||||
17 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
18 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
19 | and upon notification from the Governor, but in any event on or | ||||||
20 | before June 30, 2014. | ||||||
21 | (c) In addition to any other transfers that may be provided | ||||||
22 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
25 | Revenue Fund to the ICJIA Violence Prevention Fund. | ||||||
26 | (d) In addition to any other transfers that may be provided |
| |||||||
| |||||||
1 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
2 | practical, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer the sum of $1,500,000 from the General | ||||||
4 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
5 | (e) In addition to any other transfers that may be provided | ||||||
6 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
9 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
10 | Revolving Fund. | ||||||
11 | (f) In addition to any other transfers that may be provided | ||||||
12 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
13 | practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
15 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
16 | (g) In addition to any other transfers that may be provided | ||||||
17 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
18 | practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
20 | Revenue Fund to the Communications Revolving Fund. | ||||||
21 | (h) In addition to any other transfers that may be provided | ||||||
22 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $9,800,000 from the General | ||||||
25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
26 | Fund. |
| |||||||
| |||||||
1 | (i) In addition to any other transfers that may be provided | ||||||
2 | for by law, on and after July 1, 2014 and until May 1, 2015, at | ||||||
3 | the direction of and upon notification from the Governor, the | ||||||
4 | State Comptroller shall direct and the State Treasurer shall | ||||||
5 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
6 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
7 | Any amounts so transferred shall be retransferred by the State | ||||||
8 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
9 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
10 | and upon notification from the Governor, but in any event on or | ||||||
11 | before June 30, 2015. | ||||||
12 | (j) In addition to any other transfers that may be provided | ||||||
13 | for by law, on July 1, 2014, or as soon thereafter as | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $10,000,000 from the | ||||||
16 | General Revenue Fund to the Presidential Library and Museum | ||||||
17 | Operating Fund. | ||||||
18 | (k) In addition to any other transfers that may be provided | ||||||
19 | for by law, on and after July 1, 2015 and until May 1, 2016, at | ||||||
20 | the direction of and upon notification from the Governor, the | ||||||
21 | State Comptroller shall direct and the State Treasurer shall | ||||||
22 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
23 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
24 | Any amounts so transferred shall be retransferred by the State | ||||||
25 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
26 | Recovery Fund to the General Revenue Fund at the direction of |
| |||||||
| |||||||
1 | and upon notification from the Governor, but in any event on or | ||||||
2 | before June 30, 2016. | ||||||
3 | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | ||||||
4 | 98-674, eff. 6-30-14.)
| ||||||
5 | (30 ILCS 105/5.27 rep.)
| ||||||
6 | (30 ILCS 105/5.170 rep.)
| ||||||
7 | (30 ILCS 105/5.243 rep.)
| ||||||
8 | (30 ILCS 105/5.244 rep.)
| ||||||
9 | Section 5-20. The State Finance Act is amended by repealing | ||||||
10 | Sections 5.27, 5.170, 5.243, and 5.244.
| ||||||
11 | Section 5-25. The Illinois Public Aid Code is amended by | ||||||
12 | changing Section 9A-11 as follows:
| ||||||
13 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| ||||||
14 | Sec. 9A-11. Child Care.
| ||||||
15 | (a) The General Assembly recognizes that families with | ||||||
16 | children need child
care in order to work. Child care is | ||||||
17 | expensive and families with low incomes,
including those who | ||||||
18 | are transitioning from welfare to work, often struggle to
pay | ||||||
19 | the costs of day care. The
General Assembly understands the | ||||||
20 | importance of helping low income working
families become and | ||||||
21 | remain self-sufficient. The General Assembly also believes
| ||||||
22 | that it is the responsibility of families to share in the costs | ||||||
23 | of child care.
It is also the preference of the General |
| |||||||
| |||||||
1 | Assembly that all working poor
families should be treated | ||||||
2 | equally, regardless of their welfare status.
| ||||||
3 | (b) To the extent resources permit, the Illinois Department | ||||||
4 | shall provide
child care services to parents or other relatives | ||||||
5 | as defined by rule who are
working or participating in | ||||||
6 | employment or Department approved
education or training | ||||||
7 | programs. At a minimum, the Illinois Department shall
cover the | ||||||
8 | following categories of families:
| ||||||
9 | (1) recipients of TANF under Article IV participating | ||||||
10 | in work and training
activities as specified in the | ||||||
11 | personal plan for employment and
self-sufficiency;
| ||||||
12 | (2) families transitioning from TANF to work;
| ||||||
13 | (3) families at risk of becoming recipients of TANF;
| ||||||
14 | (4) families with special needs as defined by rule; and
| ||||||
15 | (5) working families with very low incomes as defined | ||||||
16 | by rule.
| ||||||
17 | The Department shall provide child care services to all | ||||||
18 | children who (i) are eligible for assistance, and (ii) are | ||||||
19 | under age 13, or who are under age 19 and under court | ||||||
20 | supervision, or who have physical or mental incapacities as | ||||||
21 | documented by a statement from a local health provider or other | ||||||
22 | health professional. | ||||||
23 | The Department shall specify by rule the conditions of | ||||||
24 | eligibility, the
application process, and the types, amounts, | ||||||
25 | and duration of services.
Eligibility for
child care benefits | ||||||
26 | and the amount of child care provided may vary based on
family |
| |||||||
| |||||||
1 | size, income,
and other factors as specified by rule.
| ||||||
2 | In determining income eligibility for child care benefits, | ||||||
3 | the Department
annually, at the beginning of each fiscal year, | ||||||
4 | shall
establish, by rule, one income threshold for each family | ||||||
5 | size, in relation to
percentage of State median income for a | ||||||
6 | family of that size, that makes
families with incomes below the | ||||||
7 | specified threshold eligible for assistance
and families with | ||||||
8 | incomes above the specified threshold ineligible for
| ||||||
9 | assistance. Through and including fiscal year 2007, the | ||||||
10 | specified threshold must be no less than 50% of the
| ||||||
11 | then-current State median income for each family size. | ||||||
12 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
13 | no less than 185% of the then-current federal poverty level for | ||||||
14 | each family size.
| ||||||
15 | In determining eligibility for
assistance, the Department | ||||||
16 | shall not give preference to any category of
recipients
or give | ||||||
17 | preference to individuals based on their receipt of benefits | ||||||
18 | under this
Code.
| ||||||
19 | The Department shall allocate $7,500,000 annually for a | ||||||
20 | test program for
families who are income-eligible for child | ||||||
21 | care assistance, who
are not recipients of TANF under Article | ||||||
22 | IV, and who need child care assistance
to participate in | ||||||
23 | education and training activities. The
Department shall | ||||||
24 | specify by rule the conditions of eligibility for this test
| ||||||
25 | program.
| ||||||
26 | Nothing in this Section shall be
construed as conferring |
| |||||||
| |||||||
1 | entitlement status to eligible families.
| ||||||
2 | The Illinois
Department is authorized to lower income | ||||||
3 | eligibility ceilings, raise parent
co-payments, create waiting | ||||||
4 | lists, or take such other actions during a fiscal
year as are | ||||||
5 | necessary to ensure that child care benefits paid under this
| ||||||
6 | Article do not exceed the amounts appropriated for those child | ||||||
7 | care benefits.
These changes may be accomplished by emergency | ||||||
8 | rule under Section 5-45 of the
Illinois Administrative | ||||||
9 | Procedure Act, except that the limitation on the number
of | ||||||
10 | emergency rules that may be adopted in a 24-month period shall | ||||||
11 | not apply.
| ||||||
12 | The Illinois Department may contract with other State | ||||||
13 | agencies or child care
organizations for the administration of | ||||||
14 | child care services.
| ||||||
15 | (c) Payment shall be made for child care that otherwise | ||||||
16 | meets the
requirements of this Section and applicable standards | ||||||
17 | of State and local
law and regulation, including any | ||||||
18 | requirements the Illinois Department
promulgates by rule in | ||||||
19 | addition to the licensure
requirements
promulgated by the | ||||||
20 | Department of Children and Family Services and Fire
Prevention | ||||||
21 | and Safety requirements promulgated by the Office of the State
| ||||||
22 | Fire Marshal and is provided in any of the following:
| ||||||
23 | (1) a child care center which is licensed or exempt | ||||||
24 | from licensure
pursuant to Section 2.09 of the Child Care | ||||||
25 | Act of 1969;
| ||||||
26 | (2) a licensed child care home or home exempt from |
| |||||||
| |||||||
1 | licensing;
| ||||||
2 | (3) a licensed group child care home;
| ||||||
3 | (4) other types of child care, including child care | ||||||
4 | provided
by relatives or persons living in the same home as | ||||||
5 | the child, as determined by
the Illinois Department by | ||||||
6 | rule.
| ||||||
7 | (c-5)
Solely for the purposes of coverage under the | ||||||
8 | Illinois Public Labor Relations Act, child and day care home | ||||||
9 | providers, including licensed and license exempt, | ||||||
10 | participating in the Department's child care assistance | ||||||
11 | program shall be considered to be public employees and the | ||||||
12 | State of Illinois shall be considered to be their employer as | ||||||
13 | of the effective date of this amendatory Act of the 94th | ||||||
14 | General Assembly, but not before. The State shall engage in | ||||||
15 | collective bargaining with an exclusive representative of | ||||||
16 | child and day care home providers participating in the child | ||||||
17 | care assistance program concerning their terms and conditions | ||||||
18 | of employment that are within the State's control. Nothing in | ||||||
19 | this subsection shall be understood to limit the right of | ||||||
20 | families receiving services defined in this Section to select | ||||||
21 | child and day care home providers or supervise them within the | ||||||
22 | limits of this Section. The State shall not be considered to be | ||||||
23 | the employer of child and day care home providers for any | ||||||
24 | purposes not specifically provided in this amendatory Act of | ||||||
25 | the 94th General Assembly, including but not limited to, | ||||||
26 | purposes of vicarious liability in tort and purposes of |
| |||||||
| |||||||
1 | statutory retirement or health insurance benefits. Child and | ||||||
2 | day care home providers shall not be covered by the State | ||||||
3 | Employees Group Insurance Act of 1971. | ||||||
4 | In according child and day care home providers and their | ||||||
5 | selected representative rights under the Illinois Public Labor | ||||||
6 | Relations Act, the State intends that the State action | ||||||
7 | exemption to application of federal and State antitrust laws be | ||||||
8 | fully available to the extent that their activities are | ||||||
9 | authorized by this amendatory Act of the 94th General Assembly.
| ||||||
10 | (d) The Illinois Department shall establish, by rule, a | ||||||
11 | co-payment scale that provides for cost sharing by families | ||||||
12 | that receive
child care services, including parents whose only | ||||||
13 | income is from
assistance under this Code. The co-payment shall | ||||||
14 | be based on family income and family size and may be based on | ||||||
15 | other factors as appropriate. Co-payments may be waived for | ||||||
16 | families whose incomes are at or below the federal poverty | ||||||
17 | level.
| ||||||
18 | (d-5) The Illinois Department, in consultation with its | ||||||
19 | Child Care and Development Advisory Council, shall develop a | ||||||
20 | plan to revise the child care assistance program's co-payment | ||||||
21 | scale. The plan shall be completed no later than February 1, | ||||||
22 | 2008, and shall include: | ||||||
23 | (1) findings as to the percentage of income that the | ||||||
24 | average American family spends on child care and the | ||||||
25 | relative amounts that low-income families and the average | ||||||
26 | American family spend on other necessities of life;
|
| |||||||
| |||||||
1 | (2) recommendations for revising the child care | ||||||
2 | co-payment scale to assure that families receiving child | ||||||
3 | care services from the Department are paying no more than | ||||||
4 | they can reasonably afford; | ||||||
5 | (3) recommendations for revising the child care | ||||||
6 | co-payment scale to provide at-risk children with complete | ||||||
7 | access to Preschool for All and Head Start; and | ||||||
8 | (4) recommendations for changes in child care program | ||||||
9 | policies that affect the affordability of child care.
| ||||||
10 | (e) (Blank).
| ||||||
11 | (f) The Illinois Department shall, by rule, set rates to be | ||||||
12 | paid for the
various types of child care. Child care may be | ||||||
13 | provided through one of the
following methods:
| ||||||
14 | (1) arranging the child care through eligible | ||||||
15 | providers by use of
purchase of service contracts or | ||||||
16 | vouchers;
| ||||||
17 | (2) arranging with other agencies and community | ||||||
18 | volunteer groups for
non-reimbursed child care;
| ||||||
19 | (3) (blank); or
| ||||||
20 | (4) adopting such other arrangements as the Department | ||||||
21 | determines
appropriate.
| ||||||
22 | (f-5) (Blank). | ||||||
23 | (g) Families eligible for assistance under this Section | ||||||
24 | shall be given the
following options:
| ||||||
25 | (1) receiving a child care certificate issued by the | ||||||
26 | Department or a
subcontractor of the Department that may be |
| |||||||
| |||||||
1 | used by the parents as payment for
child care and | ||||||
2 | development services only; or
| ||||||
3 | (2) if space is available, enrolling the child with a | ||||||
4 | child care provider
that has a purchase of service contract | ||||||
5 | with the Department or a subcontractor
of the Department | ||||||
6 | for the provision of child care and development services.
| ||||||
7 | The Department may identify particular priority | ||||||
8 | populations for whom they may
request special | ||||||
9 | consideration by a provider with purchase of service
| ||||||
10 | contracts, provided that the providers shall be permitted | ||||||
11 | to maintain a balance
of clients in terms of household | ||||||
12 | incomes and families and children with special
needs, as | ||||||
13 | defined by rule.
| ||||||
14 | (Source: P.A. 97-422, eff. 8-16-11.)
| ||||||
15 | ARTICLE 9. GENERAL PROVISIONS
|