Bill Text: IL SB1628 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Illinois Act on the Aging. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 18-5)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1628 Detail]
Download: Illinois-2017-SB1628-Engrossed.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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.02 as follows:
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6 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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7 | Sec. 4.02. Community Care Program. The Department shall | ||||||
8 | establish a program of services to
prevent unnecessary | ||||||
9 | institutionalization of persons age 60 and older in
need of | ||||||
10 | long term care or who are established as persons who suffer | ||||||
11 | from
Alzheimer's disease or a related disorder under the | ||||||
12 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
13 | remain in their own homes or in other living arrangements. Such
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14 | preventive services, which may be coordinated with other | ||||||
15 | programs for the
aged and monitored by area agencies on aging | ||||||
16 | in cooperation with the
Department, may include, but are not | ||||||
17 | limited to, any or all of the following:
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18 | (a) (blank);
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19 | (b) (blank);
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20 | (c) home care aide services;
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21 | (d) personal assistant services;
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22 | (e) adult day services;
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23 | (f) home-delivered meals;
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1 | (g) education in self-care;
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2 | (h) personal care services;
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3 | (i) adult day health services;
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4 | (j) habilitation services;
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5 | (k) respite care;
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6 | (k-5) community reintegration services;
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7 | (k-6) flexible senior services; | ||||||
8 | (k-7) medication management; | ||||||
9 | (k-8) emergency home response;
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10 | (l) other nonmedical social services that may enable | ||||||
11 | the person
to become self-supporting; or
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12 | (m) clearinghouse for information provided by senior | ||||||
13 | citizen home owners
who want to rent rooms to or share | ||||||
14 | living space with other senior citizens.
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15 | The Department shall establish eligibility standards for | ||||||
16 | such
services. In determining the amount and nature of services
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17 | for which a person may qualify, consideration shall not be | ||||||
18 | given to the
value of cash, property or other assets held in | ||||||
19 | the name of the person's
spouse pursuant to a written agreement | ||||||
20 | dividing marital property into equal
but separate shares or | ||||||
21 | pursuant to a transfer of the person's interest in a
home to | ||||||
22 | his spouse, provided that the spouse's share of the marital
| ||||||
23 | property is not made available to the person seeking such | ||||||
24 | services.
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25 | Beginning January 1, 2008, the Department shall require as | ||||||
26 | a condition of eligibility that all new financially eligible |
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1 | applicants apply for and enroll in medical assistance under | ||||||
2 | Article V of the Illinois Public Aid Code in accordance with | ||||||
3 | rules promulgated by the Department.
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4 | The Department shall, in conjunction with the Department of | ||||||
5 | Public Aid (now Department of Healthcare and Family Services),
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6 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
7 | Social
Security Act. The purpose of the amendments shall be to | ||||||
8 | extend eligibility
for home and community based services under | ||||||
9 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
10 | who transfer to or for the benefit of a
spouse those amounts of | ||||||
11 | income and resources allowed under Section 1924 of
the Social | ||||||
12 | Security Act. Subject to the approval of such amendments, the
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13 | Department shall extend the provisions of Section 5-4 of the | ||||||
14 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
15 | of home or
community-based services, would require the level of | ||||||
16 | care provided in an
institution, as is provided for in federal | ||||||
17 | law. Those persons no longer
found to be eligible for receiving | ||||||
18 | noninstitutional services due to changes
in the eligibility | ||||||
19 | criteria shall be given 45 days notice prior to actual
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20 | termination. Those persons receiving notice of termination may | ||||||
21 | contact the
Department and request the determination be | ||||||
22 | appealed at any time during the
45 day notice period. The | ||||||
23 | target
population identified for the purposes of this Section | ||||||
24 | are persons age 60
and older with an identified service need. | ||||||
25 | Priority shall be given to those
who are at imminent risk of | ||||||
26 | institutionalization. The services shall be
provided to |
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1 | eligible persons age 60 and older to the extent that the cost
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2 | of the services together with the other personal maintenance
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3 | expenses of the persons are reasonably related to the standards
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4 | established for care in a group facility appropriate to the | ||||||
5 | person's
condition. These non-institutional services, pilot | ||||||
6 | projects or
experimental facilities may be provided as part of | ||||||
7 | or in addition to
those authorized by federal law or those | ||||||
8 | funded and administered by the
Department of Human Services. | ||||||
9 | The Departments of Human Services, Healthcare and Family | ||||||
10 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
11 | Economic Opportunity and
other appropriate agencies of State, | ||||||
12 | federal and local governments shall
cooperate with the | ||||||
13 | Department on Aging in the establishment and development
of the | ||||||
14 | non-institutional services. The Department shall require an | ||||||
15 | annual
audit from all personal assistant
and home care aide | ||||||
16 | vendors contracting with
the Department under this Section. The | ||||||
17 | annual audit shall assure that each
audited vendor's procedures | ||||||
18 | are in compliance with Department's financial
reporting | ||||||
19 | guidelines requiring an administrative and employee wage and | ||||||
20 | benefits cost split as defined in administrative rules. The | ||||||
21 | audit is a public record under
the Freedom of Information Act. | ||||||
22 | The Department shall execute, relative to
the nursing home | ||||||
23 | prescreening project, written inter-agency
agreements with the | ||||||
24 | Department of Human Services and the Department
of Healthcare | ||||||
25 | and Family Services, to effect the following: (1) intake | ||||||
26 | procedures and common
eligibility criteria for those persons |
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1 | who are receiving non-institutional
services; and (2) the | ||||||
2 | establishment and development of non-institutional
services in | ||||||
3 | areas of the State where they are not currently available or | ||||||
4 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
5 | prescreenings for
individuals 60 years of age or older shall be | ||||||
6 | conducted by the Department.
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7 | As part of the Department on Aging's routine training of | ||||||
8 | case managers and case manager supervisors, the Department may | ||||||
9 | include information on family futures planning for persons who | ||||||
10 | are age 60 or older and who are caregivers of their adult | ||||||
11 | children with developmental disabilities. The content of the | ||||||
12 | training shall be at the Department's discretion. | ||||||
13 | The Department is authorized to establish a system of | ||||||
14 | recipient copayment
for services provided under this Section, | ||||||
15 | such copayment to be based upon
the recipient's ability to pay | ||||||
16 | but in no case to exceed the actual cost of
the services | ||||||
17 | provided. Additionally, any portion of a person's income which
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18 | is equal to or less than the federal poverty standard shall not | ||||||
19 | be
considered by the Department in determining the copayment. | ||||||
20 | The level of
such copayment shall be adjusted whenever | ||||||
21 | necessary to reflect any change
in the officially designated | ||||||
22 | federal poverty standard.
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23 | The Department, or the Department's authorized | ||||||
24 | representative, may
recover the amount of moneys expended for | ||||||
25 | services provided to or in
behalf of a person under this | ||||||
26 | Section by a claim against the person's
estate or against the |
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1 | estate of the person's surviving spouse, but no
recovery may be | ||||||
2 | had until after the death of the surviving spouse, if
any, and | ||||||
3 | then only at such time when there is no surviving child who
is | ||||||
4 | under age 21 or blind or who has a permanent and total | ||||||
5 | disability. This
paragraph, however, shall not bar recovery, at | ||||||
6 | the death of the person, of
moneys for services provided to the | ||||||
7 | person or in behalf of the person under
this Section to which | ||||||
8 | the person was not entitled;
provided that such recovery shall | ||||||
9 | not be enforced against any real estate while
it is occupied as | ||||||
10 | a homestead by the surviving spouse or other dependent, if no
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11 | claims by other creditors have been filed against the estate, | ||||||
12 | or, if such
claims have been filed, they remain dormant for | ||||||
13 | failure of prosecution or
failure of the claimant to compel | ||||||
14 | administration of the estate for the purpose
of payment. This | ||||||
15 | paragraph shall not bar recovery from the estate of a spouse,
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16 | under Sections 1915 and 1924 of the Social Security Act and | ||||||
17 | Section 5-4 of the
Illinois Public Aid Code, who precedes a | ||||||
18 | person receiving services under this
Section in death. All | ||||||
19 | moneys for services
paid to or in behalf of the person under | ||||||
20 | this Section shall be claimed for
recovery from the deceased | ||||||
21 | spouse's estate. "Homestead", as used
in this paragraph, means | ||||||
22 | the dwelling house and
contiguous real estate occupied by a | ||||||
23 | surviving spouse
or relative, as defined by the rules and | ||||||
24 | regulations of the Department of Healthcare and Family | ||||||
25 | Services, regardless of the value of the property.
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26 | The Department shall increase the effectiveness of the |
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1 | existing Community Care Program by: | ||||||
2 | (1) ensuring that in-home services included in the care | ||||||
3 | plan are available on evenings and weekends; | ||||||
4 | (2) ensuring that care plans contain the services that | ||||||
5 | eligible participants
need based on the number of days in a | ||||||
6 | month, not limited to specific blocks of time, as | ||||||
7 | identified by the comprehensive assessment tool selected | ||||||
8 | by the Department for use statewide, not to exceed the | ||||||
9 | total monthly service cost maximum allowed for each | ||||||
10 | service; the Department shall develop administrative rules | ||||||
11 | to implement this item (2); | ||||||
12 | (3) ensuring that the participants have the right to | ||||||
13 | choose the services contained in their care plan and to | ||||||
14 | direct how those services are provided, based on | ||||||
15 | administrative rules established by the Department; | ||||||
16 | (4) ensuring that the determination of need tool is | ||||||
17 | accurate in determining the participants' level of need; to | ||||||
18 | achieve this, the Department, in conjunction with the Older | ||||||
19 | Adult Services Advisory Committee, shall institute a study | ||||||
20 | of the relationship between the Determination of Need | ||||||
21 | scores, level of need, service cost maximums, and the | ||||||
22 | development and utilization of service plans no later than | ||||||
23 | May 1, 2008; findings and recommendations shall be | ||||||
24 | presented to the Governor and the General Assembly no later | ||||||
25 | than January 1, 2009; recommendations shall include all | ||||||
26 | needed changes to the service cost maximums schedule and |
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1 | additional covered services; | ||||||
2 | (5) ensuring that homemakers can provide personal care | ||||||
3 | services that may or may not involve contact with clients, | ||||||
4 | including but not limited to: | ||||||
5 | (A) bathing; | ||||||
6 | (B) grooming; | ||||||
7 | (C) toileting; | ||||||
8 | (D) nail care; | ||||||
9 | (E) transferring; | ||||||
10 | (F) respiratory services; | ||||||
11 | (G) exercise; or | ||||||
12 | (H) positioning; | ||||||
13 | (6) ensuring that homemaker program vendors are not | ||||||
14 | restricted from hiring homemakers who are family members of | ||||||
15 | clients or recommended by clients; the Department may not, | ||||||
16 | by rule or policy, require homemakers who are family | ||||||
17 | members of clients or recommended by clients to accept | ||||||
18 | assignments in homes other than the client; | ||||||
19 | (7) ensuring that the State may access maximum federal | ||||||
20 | matching funds by seeking approval for the Centers for | ||||||
21 | Medicare and Medicaid Services for modifications to the | ||||||
22 | State's home and community based services waiver and | ||||||
23 | additional waiver opportunities, including applying for | ||||||
24 | enrollment in the Balance Incentive Payment Program by May | ||||||
25 | 1, 2013, in order to maximize federal matching funds; this | ||||||
26 | shall include, but not be limited to, modification that |
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1 | reflects all changes in the Community Care Program services | ||||||
2 | and all increases in the services cost maximum; | ||||||
3 | (8) ensuring that the determination of need tool | ||||||
4 | accurately reflects the service needs of individuals with | ||||||
5 | Alzheimer's disease and related dementia disorders; | ||||||
6 | (9) ensuring that services are authorized accurately | ||||||
7 | and consistently for the Community Care Program (CCP); the | ||||||
8 | Department shall implement a Service Authorization policy | ||||||
9 | directive; the purpose shall be to ensure that eligibility | ||||||
10 | and services are authorized accurately and consistently in | ||||||
11 | the CCP program; the policy directive shall clarify service | ||||||
12 | authorization guidelines to Care Coordination Units and | ||||||
13 | Community Care Program providers no later than May 1, 2013; | ||||||
14 | (10) working in conjunction with Care Coordination | ||||||
15 | Units, the Department of Healthcare and Family Services, | ||||||
16 | the Department of Human Services, Community Care Program | ||||||
17 | providers, and other stakeholders to make improvements to | ||||||
18 | the Medicaid claiming processes and the Medicaid | ||||||
19 | enrollment procedures or requirements as needed, | ||||||
20 | including, but not limited to, specific policy changes or | ||||||
21 | rules to improve the up-front enrollment of participants in | ||||||
22 | the Medicaid program and specific policy changes or rules | ||||||
23 | to insure more prompt submission of bills to the federal | ||||||
24 | government to secure maximum federal matching dollars as | ||||||
25 | promptly as possible; the Department on Aging shall have at | ||||||
26 | least 3 meetings with stakeholders by January 1, 2014 in |
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1 | order to address these improvements; | ||||||
2 | (11) requiring home care service providers to comply | ||||||
3 | with the rounding of hours worked provisions under the | ||||||
4 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
5 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
6 | (12) implementing any necessary policy changes or | ||||||
7 | promulgating any rules, no later than January 1, 2014, to | ||||||
8 | assist the Department of Healthcare and Family Services in | ||||||
9 | moving as many participants as possible, consistent with | ||||||
10 | federal regulations, into coordinated care plans if a care | ||||||
11 | coordination plan that covers long term care is available | ||||||
12 | in the recipient's area; and | ||||||
13 | (13) maintaining fiscal year 2014 rates at the same | ||||||
14 | level established on January 1, 2013. | ||||||
15 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
16 | Counseling Demonstration Project as is practicable, the | ||||||
17 | Department may, based on its evaluation of the demonstration | ||||||
18 | project, promulgate rules concerning personal assistant | ||||||
19 | services, to include, but need not be limited to, | ||||||
20 | qualifications, employment screening, rights under fair labor | ||||||
21 | standards, training, fiduciary agent, and supervision | ||||||
22 | requirements. All applicants shall be subject to the provisions | ||||||
23 | of the Health Care Worker Background Check Act.
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24 | The Department shall develop procedures to enhance | ||||||
25 | availability of
services on evenings, weekends, and on an | ||||||
26 | emergency basis to meet the
respite needs of caregivers. |
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1 | Procedures shall be developed to permit the
utilization of | ||||||
2 | services in successive blocks of 24 hours up to the monthly
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3 | maximum established by the Department. Workers providing these | ||||||
4 | services
shall be appropriately trained.
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5 | Beginning on the effective date of this amendatory Act of | ||||||
6 | 1991, no person
may perform chore/housekeeping and home care | ||||||
7 | aide services under a program
authorized by this Section unless | ||||||
8 | that person has been issued a certificate
of pre-service to do | ||||||
9 | so by his or her employing agency. Information
gathered to | ||||||
10 | effect such certification shall include (i) the person's name,
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11 | (ii) the date the person was hired by his or her current | ||||||
12 | employer, and
(iii) the training, including dates and levels. | ||||||
13 | Persons engaged in the
program authorized by this Section | ||||||
14 | before the effective date of this
amendatory Act of 1991 shall | ||||||
15 | be issued a certificate of all pre- and
in-service training | ||||||
16 | from his or her employer upon submitting the necessary
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17 | information. The employing agency shall be required to retain | ||||||
18 | records of
all staff pre- and in-service training, and shall | ||||||
19 | provide such records to
the Department upon request and upon | ||||||
20 | termination of the employer's contract
with the Department. In | ||||||
21 | addition, the employing agency is responsible for
the issuance | ||||||
22 | of certifications of in-service training completed to their
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23 | employees.
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24 | The Department is required to develop a system to ensure | ||||||
25 | that persons
working as home care aides and personal assistants
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26 | receive increases in their
wages when the federal minimum wage |
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1 | is increased by requiring vendors to
certify that they are | ||||||
2 | meeting the federal minimum wage statute for home care aides
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3 | and personal assistants. An employer that cannot ensure that | ||||||
4 | the minimum
wage increase is being given to home care aides and | ||||||
5 | personal assistants
shall be denied any increase in | ||||||
6 | reimbursement costs.
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7 | The Community Care Program Advisory Committee is created in | ||||||
8 | the Department on Aging. The Director shall appoint individuals | ||||||
9 | to serve in the Committee, who shall serve at their own | ||||||
10 | expense. Members of the Committee must abide by all applicable | ||||||
11 | ethics laws. The Committee shall advise the Department on | ||||||
12 | issues related to the Department's program of services to | ||||||
13 | prevent unnecessary institutionalization. The Committee shall | ||||||
14 | meet on a bi-monthly basis and shall serve to identify and | ||||||
15 | advise the Department on present and potential issues affecting | ||||||
16 | the service delivery network, the program's clients, and the | ||||||
17 | Department and to recommend solution strategies. Persons | ||||||
18 | appointed to the Committee shall be appointed on, but not | ||||||
19 | limited to, their own and their agency's experience with the | ||||||
20 | program, geographic representation, and willingness to serve. | ||||||
21 | The Director shall appoint members to the Committee to | ||||||
22 | represent provider, advocacy, policy research, and other | ||||||
23 | constituencies committed to the delivery of high quality home | ||||||
24 | and community-based services to older adults. Representatives | ||||||
25 | shall be appointed to ensure representation from community care | ||||||
26 | providers including, but not limited to, adult day service |
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1 | providers, homemaker providers, case coordination and case | ||||||
2 | management units, emergency home response providers, statewide | ||||||
3 | trade or labor unions that represent home care
aides and direct | ||||||
4 | care staff, area agencies on aging, adults over age 60, | ||||||
5 | membership organizations representing older adults, and other | ||||||
6 | organizational entities, providers of care, or individuals | ||||||
7 | with demonstrated interest and expertise in the field of home | ||||||
8 | and community care as determined by the Director. | ||||||
9 | Nominations may be presented from any agency or State | ||||||
10 | association with interest in the program. The Director, or his | ||||||
11 | or her designee, shall serve as the permanent co-chair of the | ||||||
12 | advisory committee. One other co-chair shall be nominated and | ||||||
13 | approved by the members of the committee on an annual basis. | ||||||
14 | Committee members' terms of appointment shall be for 4 years | ||||||
15 | with one-quarter of the appointees' terms expiring each year. A | ||||||
16 | member shall continue to serve until his or her replacement is | ||||||
17 | named. The Department shall fill vacancies that have a | ||||||
18 | remaining term of over one year, and this replacement shall | ||||||
19 | occur through the annual replacement of expiring terms. The | ||||||
20 | Director shall designate Department staff to provide technical | ||||||
21 | assistance and staff support to the committee. Department | ||||||
22 | representation shall not constitute membership of the | ||||||
23 | committee. All Committee papers, issues, recommendations, | ||||||
24 | reports, and meeting memoranda are advisory only. The Director, | ||||||
25 | or his or her designee, shall make a written report, as | ||||||
26 | requested by the Committee, regarding issues before the |
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1 | Committee.
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2 | The Department on Aging and the Department of Human | ||||||
3 | Services
shall cooperate in the development and submission of | ||||||
4 | an annual report on
programs and services provided under this | ||||||
5 | Section. Such joint report
shall be filed with the Governor and | ||||||
6 | the General Assembly on or before
September 30 each year.
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7 | The requirement for reporting to the General Assembly shall | ||||||
8 | be satisfied
by filing copies of the report with the Speaker, | ||||||
9 | the Minority Leader and
the Clerk of the House of | ||||||
10 | Representatives and the President, the Minority
Leader and the | ||||||
11 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
12 | required by Section 3.1 of the General Assembly Organization | ||||||
13 | Act and
filing such additional copies with the State Government | ||||||
14 | Report Distribution
Center for the General Assembly as is | ||||||
15 | required under paragraph (t) of
Section 7 of the State Library | ||||||
16 | Act.
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17 | Those persons previously found eligible for receiving | ||||||
18 | non-institutional
services whose services were discontinued | ||||||
19 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
20 | not meet the eligibility standards in effect
on or after July | ||||||
21 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
22 | Those persons previously not required to cost-share and who | ||||||
23 | were
required to cost-share effective March 1, 1992, shall | ||||||
24 | continue to meet
cost-share requirements on and after July 1, | ||||||
25 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
26 | meet
eligibility, cost-share, and other requirements and will |
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1 | have services
discontinued or altered when they fail to meet | ||||||
2 | these requirements. | ||||||
3 | For the purposes of this Section, "flexible senior | ||||||
4 | services" refers to services that require one-time or periodic | ||||||
5 | expenditures including, but not limited to, respite care, home | ||||||
6 | modification, assistive technology, housing assistance, and | ||||||
7 | transportation.
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8 | The Department shall implement an electronic service | ||||||
9 | verification based on global positioning systems or other | ||||||
10 | cost-effective technology for the Community Care Program no | ||||||
11 | later than January 1, 2014. | ||||||
12 | The Department shall require, as a condition of | ||||||
13 | eligibility, enrollment in the medical assistance program | ||||||
14 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
15 | August 1, 2013, if the Auditor General has reported that the | ||||||
16 | Department has failed
to comply with the reporting requirements | ||||||
17 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
18 | beginning June 1, 2014, if the Auditor General has reported | ||||||
19 | that the
Department has not undertaken the required actions | ||||||
20 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
21 | of the
Illinois State Auditing Act. | ||||||
22 | The Department shall delay Community Care Program services | ||||||
23 | until an applicant is determined eligible for medical | ||||||
24 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
25 | beginning August 1, 2013, if the Auditor General has reported | ||||||
26 | that the Department has failed
to comply with the reporting |
| |||||||
| |||||||
1 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
2 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
3 | reported that the
Department has not undertaken the required | ||||||
4 | actions listed in
the report required by subsection (a) of | ||||||
5 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
6 | The Department shall implement co-payments for the | ||||||
7 | Community Care Program at the federally allowable maximum level | ||||||
8 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
9 | reported that the Department has failed
to comply with the | ||||||
10 | reporting requirements of Section 2-27 of
the Illinois State | ||||||
11 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
12 | General has reported that the
Department has not undertaken the | ||||||
13 | required actions listed in
the report required by subsection | ||||||
14 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
15 | The Department shall provide a bi-monthly report on the | ||||||
16 | progress of the Community Care Program reforms set forth in | ||||||
17 | this amendatory Act of the 98th General Assembly to the | ||||||
18 | Governor, the Speaker of the House of Representatives, the | ||||||
19 | Minority Leader of the House of Representatives, the
President | ||||||
20 | of the
Senate, and the Minority Leader of the Senate. | ||||||
21 | The Department shall conduct a quarterly review of Care | ||||||
22 | Coordination Unit performance and adherence to service | ||||||
23 | guidelines. The quarterly review shall be reported to the | ||||||
24 | Speaker of the House of Representatives, the Minority Leader of | ||||||
25 | the House of Representatives, the
President of the
Senate, and | ||||||
26 | the Minority Leader of the Senate. The Department shall collect |
| |||||||
| |||||||
1 | and report longitudinal data on the performance of each care | ||||||
2 | coordination unit. Nothing in this paragraph shall be construed | ||||||
3 | to require the Department to identify specific care | ||||||
4 | coordination units. | ||||||
5 | In regard to community care providers, failure to comply | ||||||
6 | with Department on Aging policies shall be cause for | ||||||
7 | disciplinary action, including, but not limited to, | ||||||
8 | disqualification from serving Community Care Program clients. | ||||||
9 | Each provider, upon submission of any bill or invoice to the | ||||||
10 | Department for payment for services rendered, shall include a | ||||||
11 | notarized statement, under penalty of perjury pursuant to | ||||||
12 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
13 | has complied with all Department policies. | ||||||
14 | The Director of the Department on Aging shall make | ||||||
15 | information available to the State Board of Elections as may be | ||||||
16 | required by an agreement the State Board of Elections has | ||||||
17 | entered into with a multi-state voter registration list | ||||||
18 | maintenance system. | ||||||
19 | Within 30 days after the effective date of this amendatory | ||||||
20 | Act of the 100th General Assembly, rates shall be increased to | ||||||
21 | $18.29 per hour, for the purpose of increasing, by at least | ||||||
22 | $.72 per hour, the wages paid by those vendors to their | ||||||
23 | employees who provide homemaker services. The Department shall | ||||||
24 | pay an enhanced rate under the Community Care Program to those | ||||||
25 | in-home service provider agencies that offer health insurance | ||||||
26 | coverage as a benefit to their direct service worker employees |
| |||||||
| |||||||
1 | consistent with the mandates of Public Act 95-713. For State | ||||||
2 | fiscal year 2018, the enhanced rate shall be $1.77 per hour. | ||||||
3 | The rate shall be adjusted using actuarial analysis based on | ||||||
4 | the cost of care, but shall not be set below $1.77 per hour. | ||||||
5 | The Department shall adopt rules, including emergency rules | ||||||
6 | under subsection (y) of Section 5-45 of the Illinois | ||||||
7 | Administrative Procedure Act, to implement the provisions of | ||||||
8 | this paragraph. | ||||||
9 | The General Assembly finds it necessary to authorize an | ||||||
10 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
11 | federal Medicaid funding for the Community Care Program which | ||||||
12 | produces significant savings for the State of Illinois. The | ||||||
13 | Department on Aging shall establish and implement a Community | ||||||
14 | Care Program Medicaid Initiative. Under the Initiative, the
| ||||||
15 | Department on Aging shall, at a minimum: (i) provide an | ||||||
16 | enhanced rate to adequately compensate care coordination units | ||||||
17 | to enroll eligible Community Care Program clients into | ||||||
18 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
19 | committee on how best to implement the Initiative; and (iii) | ||||||
20 | establish requirements for State agencies to make enrollment in | ||||||
21 | the State's Medical Assistance program easier for seniors. | ||||||
22 | The Community Care Program Medicaid Enrollment Oversight | ||||||
23 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
24 | Services Advisory Committee established in Section 35 of the | ||||||
25 | Older Adult Services Act to make recommendations on how best to | ||||||
26 | increase the number of medical assistance recipients who are |
| |||||||
| |||||||
1 | enrolled in the Community Care Program. The Subcommittee shall | ||||||
2 | consist of all of the following persons who must be appointed | ||||||
3 | within 30 days after the effective date of this amendatory Act | ||||||
4 | of the 100th General Assembly: | ||||||
5 | (1) The Director of Aging, or his or her designee, who | ||||||
6 | shall serve as the chairperson of the Subcommittee. | ||||||
7 | (2) One representative of the Department of Healthcare | ||||||
8 | and Family Services, appointed by the Director of | ||||||
9 | Healthcare and Family Services. | ||||||
10 | (3) One representative of the Department of Human | ||||||
11 | Services, appointed by the Secretary of Human Services. | ||||||
12 | (4) One individual representing a care coordination | ||||||
13 | unit, appointed by the Director of Aging. | ||||||
14 | (5) One individual from a non-governmental statewide | ||||||
15 | organization that advocates for seniors, appointed by the | ||||||
16 | Director of Aging. | ||||||
17 | (6) One individual representing Area Agencies on | ||||||
18 | Aging, appointed by the Director of Aging. | ||||||
19 | (7) One individual from a statewide association | ||||||
20 | dedicated to Alzheimer's care, support, and research, | ||||||
21 | appointed by the Director of Aging. | ||||||
22 | (8) One individual from an organization that employs | ||||||
23 | persons who provide services under the Community Care | ||||||
24 | Program, appointed by the Director of Aging. | ||||||
25 | (9) One member of a trade or labor union representing | ||||||
26 | persons who provide services under the Community Care |
| |||||||
| |||||||
1 | Program, appointed by the Director of Aging. | ||||||
2 | (10) One member of the Senate, who shall serve as | ||||||
3 | co-chairperson, appointed by the President of the Senate. | ||||||
4 | (11) One member of the Senate, who shall serve as | ||||||
5 | co-chairperson, appointed by the Minority Leader of the | ||||||
6 | Senate. | ||||||
7 | (12) One member of the House of
Representatives, who | ||||||
8 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
9 | the House of Representatives. | ||||||
10 | (13) One member of the House of Representatives, who | ||||||
11 | shall serve as co-chairperson, appointed by the Minority | ||||||
12 | Leader of the House of Representatives. | ||||||
13 | (14) One individual appointed by a labor organization | ||||||
14 | representing frontline employees at the Department of | ||||||
15 | Human Services. | ||||||
16 | The Subcommittee shall provide oversight to the Community | ||||||
17 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
18 | each Subcommittee meeting the Department on Aging shall provide | ||||||
19 | the following data sets to the Subcommittee: (A) the number of | ||||||
20 | Illinois residents, categorized by planning and service area, | ||||||
21 | who are receiving services under the Community Care Program and | ||||||
22 | are enrolled in the State's Medical Assistance Program; (B) the | ||||||
23 | number of Illinois residents, categorized by planning and | ||||||
24 | service area, who are receiving services under the Community | ||||||
25 | Care Program, but are not enrolled in the State's Medical | ||||||
26 | Assistance Program; and (C) the number of Illinois residents, |
| |||||||
| |||||||
1 | categorized by planning and service area, who are receiving | ||||||
2 | services under the Community Care Program and are eligible for | ||||||
3 | benefits under the State's Medical Assistance Program, but are | ||||||
4 | not enrolled in the State's Medical Assistance Program. In | ||||||
5 | addition to this data, the Department on Aging shall provide | ||||||
6 | the Subcommittee with plans on how the Department on Aging will | ||||||
7 | reduce the number of Illinois residents who are not enrolled in | ||||||
8 | the State's Medical Assistance Program but who are eligible for | ||||||
9 | medical assistance benefits. The Department on Aging shall | ||||||
10 | enroll in the State's Medical Assistance Program those Illinois | ||||||
11 | residents who receive services under the Community Care Program | ||||||
12 | and are eligible for medical assistance benefits but are not | ||||||
13 | enrolled in the State's Medicaid Assistance Program. The data | ||||||
14 | provided to the Subcommittee shall be made available to the | ||||||
15 | public via the Department on Aging's website. | ||||||
16 | The Department on Aging, with the involvement of the | ||||||
17 | Subcommittee, shall collaborate with the Department of Human | ||||||
18 | Services and the Department of Healthcare and Family Services | ||||||
19 | on how best to achieve the responsibilities of the Community | ||||||
20 | Care Program Medicaid Initiative. | ||||||
21 | The Department on Aging, the Department of Human Services, | ||||||
22 | and the Department of Healthcare and Family Services shall | ||||||
23 | coordinate and implement a streamlined process for seniors to | ||||||
24 | access benefits under the State's Medical Assistance Program. | ||||||
25 | The Subcommittee shall collaborate with the Department of | ||||||
26 | Human Services on the adoption of a uniform application |
| |||||||
| |||||||
1 | submission process. The Department of Human Services and any | ||||||
2 | other State agency involved with processing the medical | ||||||
3 | assistance application of any person enrolled in the Community | ||||||
4 | Care Program shall include the appropriate care coordination | ||||||
5 | unit in all communications related to the determination or | ||||||
6 | status of the application. | ||||||
7 | The Community Care Program Medicaid Initiative shall | ||||||
8 | provide targeted funding to care coordination units to help | ||||||
9 | seniors complete their applications for medical assistance | ||||||
10 | benefits. Care coordination units shall receive payment for | ||||||
11 | each completed application for those months in which the total | ||||||
12 | statewide number of medical assistance applications all care | ||||||
13 | coordination units helped seniors complete is at or above the | ||||||
14 | total statewide number of medical assistance applications | ||||||
15 | completed during the same month during calendar year 2017. The | ||||||
16 | rate of payment shall be no less than $240 per completed | ||||||
17 | application. | ||||||
18 | The Community Care Program Medicaid Initiative shall cease | ||||||
19 | operation 5 years after the effective date of this amendatory | ||||||
20 | Act of the 100th General Assembly, after which the Subcommittee | ||||||
21 | shall dissolve. | ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
| ||||||
23 | Section 10. The Older Adult Services Act is amended by | ||||||
24 | changing Section 35 as follows:
|
| |||||||
| |||||||
1 | (320 ILCS 42/35) | ||||||
2 | Sec. 35. Older Adult Services Advisory Committee. | ||||||
3 | (a) The Older Adult Services Advisory Committee is created | ||||||
4 | to advise the directors of Aging, Healthcare and Family | ||||||
5 | Services, and Public Health on all matters related to this Act | ||||||
6 | and the delivery of services to older adults in general.
| ||||||
7 | (b) The Advisory Committee shall be comprised of the | ||||||
8 | following:
| ||||||
9 | (1) The Director of Aging or his or her designee, who | ||||||
10 | shall serve as chair and shall be an ex officio and | ||||||
11 | nonvoting member.
| ||||||
12 | (2) The Director of Healthcare and Family Services and | ||||||
13 | the Director of Public Health or their designees, who shall | ||||||
14 | serve as vice-chairs and shall be ex officio and nonvoting | ||||||
15 | members.
| ||||||
16 | (3) One representative each of the Governor's Office, | ||||||
17 | the Department of Healthcare and Family Services, the | ||||||
18 | Department of Public Health, the Department of Veterans' | ||||||
19 | Affairs, the Department of Human Services, the Department | ||||||
20 | of Insurance, the Department of Commerce and Economic | ||||||
21 | Opportunity, the Department on Aging, the Department on | ||||||
22 | Aging's State Long Term Care Ombudsman, the Illinois | ||||||
23 | Housing Finance Authority, and the Illinois Housing | ||||||
24 | Development Authority, each of whom shall be selected by | ||||||
25 | his or her respective director and shall be an ex officio | ||||||
26 | and nonvoting member.
|
| |||||||
| |||||||
1 | (4) Thirty members appointed by the Director of Aging | ||||||
2 | in collaboration with the directors of Public Health and | ||||||
3 | Healthcare and Family Services, and selected from the | ||||||
4 | recommendations of statewide associations and | ||||||
5 | organizations, as follows:
| ||||||
6 | (A) One member representing the Area Agencies on | ||||||
7 | Aging;
| ||||||
8 | (B) Four members representing nursing homes or | ||||||
9 | licensed assisted living establishments;
| ||||||
10 | (C) One member representing home health agencies;
| ||||||
11 | (D) One member representing case management | ||||||
12 | services;
| ||||||
13 | (E) One member representing statewide senior | ||||||
14 | center associations;
| ||||||
15 | (F) One member representing Community Care Program | ||||||
16 | homemaker services;
| ||||||
17 | (G) One member representing Community Care Program | ||||||
18 | adult day services;
| ||||||
19 | (H) One member representing nutrition project | ||||||
20 | directors;
| ||||||
21 | (I) One member representing hospice programs;
| ||||||
22 | (J) One member representing individuals with | ||||||
23 | Alzheimer's disease and related dementias;
| ||||||
24 | (K) Two members representing statewide trade or | ||||||
25 | labor unions;
| ||||||
26 | (L) One advanced practice registered nurse with |
| |||||||
| |||||||
1 | experience in gerontological nursing;
| ||||||
2 | (M) One physician specializing in gerontology;
| ||||||
3 | (N) One member representing regional long-term | ||||||
4 | care ombudsmen;
| ||||||
5 | (O) One member representing municipal, township, | ||||||
6 | or county officials;
| ||||||
7 | (P) (Blank);
| ||||||
8 | (Q) (Blank);
| ||||||
9 | (R) One member representing the parish nurse | ||||||
10 | movement;
| ||||||
11 | (S) One member representing pharmacists;
| ||||||
12 | (T) Two members representing statewide | ||||||
13 | organizations engaging in advocacy or legal | ||||||
14 | representation on behalf of the senior population;
| ||||||
15 | (U) Two family caregivers;
| ||||||
16 | (V) Two citizen members over the age of 60;
| ||||||
17 | (W) One citizen with knowledge in the area of | ||||||
18 | gerontology research or health care law;
| ||||||
19 | (X) One representative of health care facilities | ||||||
20 | licensed under the Hospital Licensing Act; and
| ||||||
21 | (Y) One representative of primary care service | ||||||
22 | providers. | ||||||
23 | The Director of Aging, in collaboration with the Directors | ||||||
24 | of Public Health and Healthcare and Family Services, may | ||||||
25 | appoint additional citizen members to the Older Adult Services | ||||||
26 | Advisory Committee. Each such additional member must be either |
| |||||||
| |||||||
1 | an individual age 60 or older or an uncompensated caregiver for | ||||||
2 | a family member or friend who is age 60 or older.
| ||||||
3 | (c) Voting members of the Advisory Committee shall serve | ||||||
4 | for a term of 3 years or until a replacement is named. All | ||||||
5 | members shall be appointed no later than January 1, 2005. Of | ||||||
6 | the initial appointees, as determined by lot, 10 members shall | ||||||
7 | serve a term of one year; 10 shall serve for a term of 2 years; | ||||||
8 | and 12 shall serve for a term of 3 years. Any member appointed | ||||||
9 | to fill a vacancy occurring prior to the expiration of the term | ||||||
10 | for which his or her predecessor was appointed shall be | ||||||
11 | appointed for the remainder of that term. The Advisory | ||||||
12 | Committee shall meet at least quarterly and may meet more | ||||||
13 | frequently at the call of the Chair. A simple majority of those | ||||||
14 | appointed shall constitute a quorum. The affirmative vote of a | ||||||
15 | majority of those present and voting shall be necessary for | ||||||
16 | Advisory Committee action. Members of the Advisory Committee | ||||||
17 | shall receive no compensation for their services.
| ||||||
18 | (d) The Advisory Committee shall have an Executive | ||||||
19 | Committee comprised of the Chair, the Vice Chairs, and up to 15 | ||||||
20 | members of the Advisory Committee appointed by the Chair who | ||||||
21 | have demonstrated expertise in developing, implementing, or | ||||||
22 | coordinating the system restructuring initiatives defined in | ||||||
23 | Section 25. The Executive Committee shall have responsibility | ||||||
24 | to oversee and structure the operations of the Advisory | ||||||
25 | Committee and to create and appoint necessary subcommittees and | ||||||
26 | subcommittee members.
The Advisory Committee's Community Care |
| |||||||
| |||||||
1 | Program Medicaid Enrollment Oversight Subcommittee shall have | ||||||
2 | the membership and powers and duties set forth in Section 4.02 | ||||||
3 | of the Illinois Act on the Aging. | ||||||
4 | (e) The Advisory Committee shall study and make | ||||||
5 | recommendations related to the implementation of this Act, | ||||||
6 | including but not limited to system restructuring initiatives | ||||||
7 | as defined in Section 25 or otherwise related to this Act.
|