Illinois 2023-2024 Regular Session

Illinois House Bill HB2143 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2143 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 Amends the Illinois Act on the Aging. Provides that, by January 1, 2024, the Department on Aging shall align the menu of services offered under the Community Care Program with the services offered under the Home Services Program administered by the Department of Human Services. Provides that the purpose of the amendatory Act is to ensure that persons 60 years of age and older who are enrolled in the Community Care Program have access to the same services available to persons 60 years of age and younger under the Home Services Program. Provides that nothing in the amendatory Act shall be construed to limit the Department on Aging from providing additional services under the Community Care Program beyond those services provided under the Home Services Program. LRB103 24938 KTG 51272 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2143 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 Amends the Illinois Act on the Aging. Provides that, by January 1, 2024, the Department on Aging shall align the menu of services offered under the Community Care Program with the services offered under the Home Services Program administered by the Department of Human Services. Provides that the purpose of the amendatory Act is to ensure that persons 60 years of age and older who are enrolled in the Community Care Program have access to the same services available to persons 60 years of age and younger under the Home Services Program. Provides that nothing in the amendatory Act shall be construed to limit the Department on Aging from providing additional services under the Community Care Program beyond those services provided under the Home Services Program. LRB103 24938 KTG 51272 b LRB103 24938 KTG 51272 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2143 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 105/4.02 from Ch. 23, par. 6104.02 20 ILCS 105/4.02 from Ch. 23, par. 6104.02
4	4	20 ILCS 105/4.02 from Ch. 23, par. 6104.02
5	5	Amends the Illinois Act on the Aging. Provides that, by January 1, 2024, the Department on Aging shall align the menu of services offered under the Community Care Program with the services offered under the Home Services Program administered by the Department of Human Services. Provides that the purpose of the amendatory Act is to ensure that persons 60 years of age and older who are enrolled in the Community Care Program have access to the same services available to persons 60 years of age and younger under the Home Services Program. Provides that nothing in the amendatory Act shall be construed to limit the Department on Aging from providing additional services under the Community Care Program beyond those services provided under the Home Services Program.
6	6	LRB103 24938 KTG 51272 b LRB103 24938 KTG 51272 b
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8	8	A BILL FOR
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10	10	HB2143 LRB103 24938 KTG 51272 b
11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Act on the Aging is amended by
15	15	5 changing Section 4.02 as follows:
16	16	6 (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
17	17	7 Sec. 4.02. Community Care Program. The Department shall
18	18	8 establish a program of services to prevent unnecessary
19	19	9 institutionalization of persons age 60 and older in need of
20	20	10 long term care or who are established as persons who suffer
21	21	11 from Alzheimer's disease or a related disorder under the
22	22	12 Alzheimer's Disease Assistance Act, thereby enabling them to
23	23	13 remain in their own homes or in other living arrangements.
24	24	14 Such preventive services, which may be coordinated with other
25	25	15 programs for the aged and monitored by area agencies on aging
26	26	16 in cooperation with the Department, may include, but are not
27	27	17 limited to, any or all of the following:
28	28	18 (a) (blank);
29	29	19 (b) (blank);
30	30	20 (c) home care aide services;
31	31	21 (d) personal assistant services;
32	32	22 (e) adult day services;
33	33	23 (f) home-delivered meals;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2143 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 105/4.02 from Ch. 23, par. 6104.02 20 ILCS 105/4.02 from Ch. 23, par. 6104.02
39	39	20 ILCS 105/4.02 from Ch. 23, par. 6104.02
40	40	Amends the Illinois Act on the Aging. Provides that, by January 1, 2024, the Department on Aging shall align the menu of services offered under the Community Care Program with the services offered under the Home Services Program administered by the Department of Human Services. Provides that the purpose of the amendatory Act is to ensure that persons 60 years of age and older who are enrolled in the Community Care Program have access to the same services available to persons 60 years of age and younger under the Home Services Program. Provides that nothing in the amendatory Act shall be construed to limit the Department on Aging from providing additional services under the Community Care Program beyond those services provided under the Home Services Program.
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43	43	A BILL FOR
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68	68	1 (g) education in self-care;
69	69	2 (h) personal care services;
70	70	3 (i) adult day health services;
71	71	4 (j) habilitation services;
72	72	5 (k) respite care;
73	73	6 (k-5) community reintegration services;
74	74	7 (k-6) flexible senior services;
75	75	8 (k-7) medication management;
76	76	9 (k-8) emergency home response;
77	77	10 (l) other nonmedical social services that may enable
78	78	11 the person to become self-supporting; or
79	79	12 (m) clearinghouse for information provided by senior
80	80	13 citizen home owners who want to rent rooms to or share
81	81	14 living space with other senior citizens.
82	82	15 The Department shall establish eligibility standards for
83	83	16 such services. In determining the amount and nature of
84	84	17 services for which a person may qualify, consideration shall
85	85	18 not be given to the value of cash, property or other assets
86	86	19 held in the name of the person's spouse pursuant to a written
87	87	20 agreement dividing marital property into equal but separate
88	88	21 shares or pursuant to a transfer of the person's interest in a
89	89	22 home to his spouse, provided that the spouse's share of the
90	90	23 marital property is not made available to the person seeking
91	91	24 such services.
92	92	25 Beginning January 1, 2008, the Department shall require as
93	93	26 a condition of eligibility that all new financially eligible
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104	104	1 applicants apply for and enroll in medical assistance under
105	105	2 Article V of the Illinois Public Aid Code in accordance with
106	106	3 rules promulgated by the Department.
107	107	4 The Department shall, in conjunction with the Department
108	108	5 of Public Aid (now Department of Healthcare and Family
109	109	6 Services), seek appropriate amendments under Sections 1915 and
110	110	7 1924 of the Social Security Act. The purpose of the amendments
111	111	8 shall be to extend eligibility for home and community based
112	112	9 services under Sections 1915 and 1924 of the Social Security
113	113	10 Act to persons who transfer to or for the benefit of a spouse
114	114	11 those amounts of income and resources allowed under Section
115	115	12 1924 of the Social Security Act. Subject to the approval of
116	116	13 such amendments, the Department shall extend the provisions of
117	117	14 Section 5-4 of the Illinois Public Aid Code to persons who, but
118	118	15 for the provision of home or community-based services, would
119	119	16 require the level of care provided in an institution, as is
120	120	17 provided for in federal law. Those persons no longer found to
121	121	18 be eligible for receiving noninstitutional services due to
122	122	19 changes in the eligibility criteria shall be given 45 days
123	123	20 notice prior to actual termination. Those persons receiving
124	124	21 notice of termination may contact the Department and request
125	125	22 the determination be appealed at any time during the 45 day
126	126	23 notice period. The target population identified for the
127	127	24 purposes of this Section are persons age 60 and older with an
128	128	25 identified service need. Priority shall be given to those who
129	129	26 are at imminent risk of institutionalization. The services
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140	140	1 shall be provided to eligible persons age 60 and older to the
141	141	2 extent that the cost of the services together with the other
142	142	3 personal maintenance expenses of the persons are reasonably
143	143	4 related to the standards established for care in a group
144	144	5 facility appropriate to the person's condition. These
145	145	6 non-institutional services, pilot projects or experimental
146	146	7 facilities may be provided as part of or in addition to those
147	147	8 authorized by federal law or those funded and administered by
148	148	9 the Department of Human Services. The Departments of Human
149	149	10 Services, Healthcare and Family Services, Public Health,
150	150	11 Veterans' Affairs, and Commerce and Economic Opportunity and
151	151	12 other appropriate agencies of State, federal and local
152	152	13 governments shall cooperate with the Department on Aging in
153	153	14 the establishment and development of the non-institutional
154	154	15 services. The Department shall require an annual audit from
155	155	16 all personal assistant and home care aide vendors contracting
156	156	17 with the Department under this Section. The annual audit shall
157	157	18 assure that each audited vendor's procedures are in compliance
158	158	19 with Department's financial reporting guidelines requiring an
159	159	20 administrative and employee wage and benefits cost split as
160	160	21 defined in administrative rules. The audit is a public record
161	161	22 under the Freedom of Information Act. The Department shall
162	162	23 execute, relative to the nursing home prescreening project,
163	163	24 written inter-agency agreements with the Department of Human
164	164	25 Services and the Department of Healthcare and Family Services,
165	165	26 to effect the following: (1) intake procedures and common
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176	176	1 eligibility criteria for those persons who are receiving
177	177	2 non-institutional services; and (2) the establishment and
178	178	3 development of non-institutional services in areas of the
179	179	4 State where they are not currently available or are
180	180	5 undeveloped. On and after July 1, 1996, all nursing home
181	181	6 prescreenings for individuals 60 years of age or older shall
182	182	7 be conducted by the Department.
183	183	8 As part of the Department on Aging's routine training of
184	184	9 case managers and case manager supervisors, the Department may
185	185	10 include information on family futures planning for persons who
186	186	11 are age 60 or older and who are caregivers of their adult
187	187	12 children with developmental disabilities. The content of the
188	188	13 training shall be at the Department's discretion.
189	189	14 The Department is authorized to establish a system of
190	190	15 recipient copayment for services provided under this Section,
191	191	16 such copayment to be based upon the recipient's ability to pay
192	192	17 but in no case to exceed the actual cost of the services
193	193	18 provided. Additionally, any portion of a person's income which
194	194	19 is equal to or less than the federal poverty standard shall not
195	195	20 be considered by the Department in determining the copayment.
196	196	21 The level of such copayment shall be adjusted whenever
197	197	22 necessary to reflect any change in the officially designated
198	198	23 federal poverty standard.
199	199	24 The Department, or the Department's authorized
200	200	25 representative, may recover the amount of moneys expended for
201	201	26 services provided to or in behalf of a person under this
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212	212	1 Section by a claim against the person's estate or against the
213	213	2 estate of the person's surviving spouse, but no recovery may
214	214	3 be had until after the death of the surviving spouse, if any,
215	215	4 and then only at such time when there is no surviving child who
216	216	5 is under age 21 or blind or who has a permanent and total
217	217	6 disability. This paragraph, however, shall not bar recovery,
218	218	7 at the death of the person, of moneys for services provided to
219	219	8 the person or in behalf of the person under this Section to
220	220	9 which the person was not entitled; provided that such recovery
221	221	10 shall not be enforced against any real estate while it is
222	222	11 occupied as a homestead by the surviving spouse or other
223	223	12 dependent, if no claims by other creditors have been filed
224	224	13 against the estate, or, if such claims have been filed, they
225	225	14 remain dormant for failure of prosecution or failure of the
226	226	15 claimant to compel administration of the estate for the
227	227	16 purpose of payment. This paragraph shall not bar recovery from
228	228	17 the estate of a spouse, under Sections 1915 and 1924 of the
229	229	18 Social Security Act and Section 5-4 of the Illinois Public Aid
230	230	19 Code, who precedes a person receiving services under this
231	231	20 Section in death. All moneys for services paid to or in behalf
232	232	21 of the person under this Section shall be claimed for recovery
233	233	22 from the deceased spouse's estate. "Homestead", as used in
234	234	23 this paragraph, means the dwelling house and contiguous real
235	235	24 estate occupied by a surviving spouse or relative, as defined
236	236	25 by the rules and regulations of the Department of Healthcare
237	237	26 and Family Services, regardless of the value of the property.
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248	248	1 The Department shall increase the effectiveness of the
249	249	2 existing Community Care Program by:
250	250	3 (1) ensuring that in-home services included in the
251	251	4 care plan are available on evenings and weekends;
252	252	5 (2) ensuring that care plans contain the services that
253	253	6 eligible participants need based on the number of days in
254	254	7 a month, not limited to specific blocks of time, as
255	255	8 identified by the comprehensive assessment tool selected
256	256	9 by the Department for use statewide, not to exceed the
257	257	10 total monthly service cost maximum allowed for each
258	258	11 service; the Department shall develop administrative rules
259	259	12 to implement this item (2);
260	260	13 (3) ensuring that the participants have the right to
261	261	14 choose the services contained in their care plan and to
262	262	15 direct how those services are provided, based on
263	263	16 administrative rules established by the Department;
264	264	17 (4) ensuring that the determination of need tool is
265	265	18 accurate in determining the participants' level of need;
266	266	19 to achieve this, the Department, in conjunction with the
267	267	20 Older Adult Services Advisory Committee, shall institute a
268	268	21 study of the relationship between the Determination of
269	269	22 Need scores, level of need, service cost maximums, and the
270	270	23 development and utilization of service plans no later than
271	271	24 May 1, 2008; findings and recommendations shall be
272	272	25 presented to the Governor and the General Assembly no
273	273	26 later than January 1, 2009; recommendations shall include
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284	284	1 all needed changes to the service cost maximums schedule
285	285	2 and additional covered services;
286	286	3 (5) ensuring that homemakers can provide personal care
287	287	4 services that may or may not involve contact with clients,
288	288	5 including but not limited to:
289	289	6 (A) bathing;
290	290	7 (B) grooming;
291	291	8 (C) toileting;
292	292	9 (D) nail care;
293	293	10 (E) transferring;
294	294	11 (F) respiratory services;
295	295	12 (G) exercise; or
296	296	13 (H) positioning;
297	297	14 (6) ensuring that homemaker program vendors are not
298	298	15 restricted from hiring homemakers who are family members
299	299	16 of clients or recommended by clients; the Department may
300	300	17 not, by rule or policy, require homemakers who are family
301	301	18 members of clients or recommended by clients to accept
302	302	19 assignments in homes other than the client;
303	303	20 (7) ensuring that the State may access maximum federal
304	304	21 matching funds by seeking approval for the Centers for
305	305	22 Medicare and Medicaid Services for modifications to the
306	306	23 State's home and community based services waiver and
307	307	24 additional waiver opportunities, including applying for
308	308	25 enrollment in the Balance Incentive Payment Program by May
309	309	26 1, 2013, in order to maximize federal matching funds; this
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320	320	1 shall include, but not be limited to, modification that
321	321	2 reflects all changes in the Community Care Program
322	322	3 services and all increases in the services cost maximum;
323	323	4 (8) ensuring that the determination of need tool
324	324	5 accurately reflects the service needs of individuals with
325	325	6 Alzheimer's disease and related dementia disorders;
326	326	7 (9) ensuring that services are authorized accurately
327	327	8 and consistently for the Community Care Program (CCP); the
328	328	9 Department shall implement a Service Authorization policy
329	329	10 directive; the purpose shall be to ensure that eligibility
330	330	11 and services are authorized accurately and consistently in
331	331	12 the CCP program; the policy directive shall clarify
332	332	13 service authorization guidelines to Care Coordination
333	333	14 Units and Community Care Program providers no later than
334	334	15 May 1, 2013;
335	335	16 (10) working in conjunction with Care Coordination
336	336	17 Units, the Department of Healthcare and Family Services,
337	337	18 the Department of Human Services, Community Care Program
338	338	19 providers, and other stakeholders to make improvements to
339	339	20 the Medicaid claiming processes and the Medicaid
340	340	21 enrollment procedures or requirements as needed,
341	341	22 including, but not limited to, specific policy changes or
342	342	23 rules to improve the up-front enrollment of participants
343	343	24 in the Medicaid program and specific policy changes or
344	344	25 rules to insure more prompt submission of bills to the
345	345	26 federal government to secure maximum federal matching
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356	356	1 dollars as promptly as possible; the Department on Aging
357	357	2 shall have at least 3 meetings with stakeholders by
358	358	3 January 1, 2014 in order to address these improvements;
359	359	4 (11) requiring home care service providers to comply
360	360	5 with the rounding of hours worked provisions under the
361	361	6 federal Fair Labor Standards Act (FLSA) and as set forth
362	362	7 in 29 CFR 785.48(b) by May 1, 2013;
363	363	8 (12) implementing any necessary policy changes or
364	364	9 promulgating any rules, no later than January 1, 2014, to
365	365	10 assist the Department of Healthcare and Family Services in
366	366	11 moving as many participants as possible, consistent with
367	367	12 federal regulations, into coordinated care plans if a care
368	368	13 coordination plan that covers long term care is available
369	369	14 in the recipient's area; and
370	370	15 (13) maintaining fiscal year 2014 rates at the same
371	371	16 level established on January 1, 2013.
372	372	17 By January 1, 2024, the Department on Aging shall align
373	373	18 the menu of services offered under the Community Care Program
374	374	19 with the services offered under the Home Services Program
375	375	20 under Section 3 of the Rehabilitation of Persons with
376	376	21 Disabilities Act. The purpose of this paragraph is to ensure
377	377	22 that persons 60 years of age and older who are enrolled in the
378	378	23 Community Care Program have access to the same services
379	379	24 available to persons 60 years of age and younger under the Home
380	380	25 Services Program. However, nothing in this paragraph shall be
381	381	26 construed to limit the Department on Aging from providing
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392	392	1 additional services under the Community Care Program beyond
393	393	2 those services provided under the Home Services Program.
394	394	3 By January 1, 2009 or as soon after the end of the Cash and
395	395	4 Counseling Demonstration Project as is practicable, the
396	396	5 Department may, based on its evaluation of the demonstration
397	397	6 project, promulgate rules concerning personal assistant
398	398	7 services, to include, but need not be limited to,
399	399	8 qualifications, employment screening, rights under fair labor
400	400	9 standards, training, fiduciary agent, and supervision
401	401	10 requirements. All applicants shall be subject to the
402	402	11 provisions of the Health Care Worker Background Check Act.
403	403	12 The Department shall develop procedures to enhance
404	404	13 availability of services on evenings, weekends, and on an
405	405	14 emergency basis to meet the respite needs of caregivers.
406	406	15 Procedures shall be developed to permit the utilization of
407	407	16 services in successive blocks of 24 hours up to the monthly
408	408	17 maximum established by the Department. Workers providing these
409	409	18 services shall be appropriately trained.
410	410	19 Beginning on the effective date of this amendatory Act of
411	411	20 1991, no person may perform chore/housekeeping and home care
412	412	21 aide services under a program authorized by this Section
413	413	22 unless that person has been issued a certificate of
414	414	23 pre-service to do so by his or her employing agency.
415	415	24 Information gathered to effect such certification shall
416	416	25 include (i) the person's name, (ii) the date the person was
417	417	26 hired by his or her current employer, and (iii) the training,
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428	428	1 including dates and levels. Persons engaged in the program
429	429	2 authorized by this Section before the effective date of this
430	430	3 amendatory Act of 1991 shall be issued a certificate of all
431	431	4 pre- and in-service training from his or her employer upon
432	432	5 submitting the necessary information. The employing agency
433	433	6 shall be required to retain records of all staff pre- and
434	434	7 in-service training, and shall provide such records to the
435	435	8 Department upon request and upon termination of the employer's
436	436	9 contract with the Department. In addition, the employing
437	437	10 agency is responsible for the issuance of certifications of
438	438	11 in-service training completed to their employees.
439	439	12 The Department is required to develop a system to ensure
440	440	13 that persons working as home care aides and personal
441	441	14 assistants receive increases in their wages when the federal
442	442	15 minimum wage is increased by requiring vendors to certify that
443	443	16 they are meeting the federal minimum wage statute for home
444	444	17 care aides and personal assistants. An employer that cannot
445	445	18 ensure that the minimum wage increase is being given to home
446	446	19 care aides and personal assistants shall be denied any
447	447	20 increase in reimbursement costs.
448	448	21 The Community Care Program Advisory Committee is created
449	449	22 in the Department on Aging. The Director shall appoint
450	450	23 individuals to serve in the Committee, who shall serve at
451	451	24 their own expense. Members of the Committee must abide by all
452	452	25 applicable ethics laws. The Committee shall advise the
453	453	26 Department on issues related to the Department's program of
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464	464	1 services to prevent unnecessary institutionalization. The
465	465	2 Committee shall meet on a bi-monthly basis and shall serve to
466	466	3 identify and advise the Department on present and potential
467	467	4 issues affecting the service delivery network, the program's
468	468	5 clients, and the Department and to recommend solution
469	469	6 strategies. Persons appointed to the Committee shall be
470	470	7 appointed on, but not limited to, their own and their agency's
471	471	8 experience with the program, geographic representation, and
472	472	9 willingness to serve. The Director shall appoint members to
473	473	10 the Committee to represent provider, advocacy, policy
474	474	11 research, and other constituencies committed to the delivery
475	475	12 of high quality home and community-based services to older
476	476	13 adults. Representatives shall be appointed to ensure
477	477	14 representation from community care providers including, but
478	478	15 not limited to, adult day service providers, homemaker
479	479	16 providers, case coordination and case management units,
480	480	17 emergency home response providers, statewide trade or labor
481	481	18 unions that represent home care aides and direct care staff,
482	482	19 area agencies on aging, adults over age 60, membership
483	483	20 organizations representing older adults, and other
484	484	21 organizational entities, providers of care, or individuals
485	485	22 with demonstrated interest and expertise in the field of home
486	486	23 and community care as determined by the Director.
487	487	24 Nominations may be presented from any agency or State
488	488	25 association with interest in the program. The Director, or his
489	489	26 or her designee, shall serve as the permanent co-chair of the
490	490
491	491
492	492
493	493
494	494
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496	496
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500	500	1 advisory committee. One other co-chair shall be nominated and
501	501	2 approved by the members of the committee on an annual basis.
502	502	3 Committee members' terms of appointment shall be for 4 years
503	503	4 with one-quarter of the appointees' terms expiring each year.
504	504	5 A member shall continue to serve until his or her replacement
505	505	6 is named. The Department shall fill vacancies that have a
506	506	7 remaining term of over one year, and this replacement shall
507	507	8 occur through the annual replacement of expiring terms. The
508	508	9 Director shall designate Department staff to provide technical
509	509	10 assistance and staff support to the committee. Department
510	510	11 representation shall not constitute membership of the
511	511	12 committee. All Committee papers, issues, recommendations,
512	512	13 reports, and meeting memoranda are advisory only. The
513	513	14 Director, or his or her designee, shall make a written report,
514	514	15 as requested by the Committee, regarding issues before the
515	515	16 Committee.
516	516	17 The Department on Aging and the Department of Human
517	517	18 Services shall cooperate in the development and submission of
518	518	19 an annual report on programs and services provided under this
519	519	20 Section. Such joint report shall be filed with the Governor
520	520	21 and the General Assembly on or before September 30 each year.
521	521	22 The requirement for reporting to the General Assembly
522	522	23 shall be satisfied by filing copies of the report as required
523	523	24 by Section 3.1 of the General Assembly Organization Act and
524	524	25 filing such additional copies with the State Government Report
525	525	26 Distribution Center for the General Assembly as is required
526	526
527	527
528	528
529	529
530	530
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532	532
533	533
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535	535	HB2143 - 15 - LRB103 24938 KTG 51272 b
536	536	1 under paragraph (t) of Section 7 of the State Library Act.
537	537	2 Those persons previously found eligible for receiving
538	538	3 non-institutional services whose services were discontinued
539	539	4 under the Emergency Budget Act of Fiscal Year 1992, and who do
540	540	5 not meet the eligibility standards in effect on or after July
541	541	6 1, 1992, shall remain ineligible on and after July 1, 1992.
542	542	7 Those persons previously not required to cost-share and who
543	543	8 were required to cost-share effective March 1, 1992, shall
544	544	9 continue to meet cost-share requirements on and after July 1,
545	545	10 1992. Beginning July 1, 1992, all clients will be required to
546	546	11 meet eligibility, cost-share, and other requirements and will
547	547	12 have services discontinued or altered when they fail to meet
548	548	13 these requirements.
549	549	14 For the purposes of this Section, "flexible senior
550	550	15 services" refers to services that require one-time or periodic
551	551	16 expenditures including, but not limited to, respite care, home
552	552	17 modification, assistive technology, housing assistance, and
553	553	18 transportation.
554	554	19 The Department shall implement an electronic service
555	555	20 verification based on global positioning systems or other
556	556	21 cost-effective technology for the Community Care Program no
557	557	22 later than January 1, 2014.
558	558	23 The Department shall require, as a condition of
559	559	24 eligibility, enrollment in the medical assistance program
560	560	25 under Article V of the Illinois Public Aid Code (i) beginning
561	561	26 August 1, 2013, if the Auditor General has reported that the
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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572	572	1 Department has failed to comply with the reporting
573	573	2 requirements of Section 2-27 of the Illinois State Auditing
574	574	3 Act; or (ii) beginning June 1, 2014, if the Auditor General has
575	575	4 reported that the Department has not undertaken the required
576	576	5 actions listed in the report required by subsection (a) of
577	577	6 Section 2-27 of the Illinois State Auditing Act.
578	578	7 The Department shall delay Community Care Program services
579	579	8 until an applicant is determined eligible for medical
580	580	9 assistance under Article V of the Illinois Public Aid Code (i)
581	581	10 beginning August 1, 2013, if the Auditor General has reported
582	582	11 that the Department has failed to comply with the reporting
583	583	12 requirements of Section 2-27 of the Illinois State Auditing
584	584	13 Act; or (ii) beginning June 1, 2014, if the Auditor General has
585	585	14 reported that the Department has not undertaken the required
586	586	15 actions listed in the report required by subsection (a) of
587	587	16 Section 2-27 of the Illinois State Auditing Act.
588	588	17 The Department shall implement co-payments for the
589	589	18 Community Care Program at the federally allowable maximum
590	590	19 level (i) beginning August 1, 2013, if the Auditor General has
591	591	20 reported that the Department has failed to comply with the
592	592	21 reporting requirements of Section 2-27 of the Illinois State
593	593	22 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
594	594	23 General has reported that the Department has not undertaken
595	595	24 the required actions listed in the report required by
596	596	25 subsection (a) of Section 2-27 of the Illinois State Auditing
597	597	26 Act.
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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608	608	1 The Department shall continue to provide other Community
609	609	2 Care Program reports as required by statute.
610	610	3 The Department shall conduct a quarterly review of Care
611	611	4 Coordination Unit performance and adherence to service
612	612	5 guidelines. The quarterly review shall be reported to the
613	613	6 Speaker of the House of Representatives, the Minority Leader
614	614	7 of the House of Representatives, the President of the Senate,
615	615	8 and the Minority Leader of the Senate. The Department shall
616	616	9 collect and report longitudinal data on the performance of
617	617	10 each care coordination unit. Nothing in this paragraph shall
618	618	11 be construed to require the Department to identify specific
619	619	12 care coordination units.
620	620	13 In regard to community care providers, failure to comply
621	621	14 with Department on Aging policies shall be cause for
622	622	15 disciplinary action, including, but not limited to,
623	623	16 disqualification from serving Community Care Program clients.
624	624	17 Each provider, upon submission of any bill or invoice to the
625	625	18 Department for payment for services rendered, shall include a
626	626	19 notarized statement, under penalty of perjury pursuant to
627	627	20 Section 1-109 of the Code of Civil Procedure, that the
628	628	21 provider has complied with all Department policies.
629	629	22 The Director of the Department on Aging shall make
630	630	23 information available to the State Board of Elections as may
631	631	24 be required by an agreement the State Board of Elections has
632	632	25 entered into with a multi-state voter registration list
633	633	26 maintenance system.
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB2143 - 18 - LRB103 24938 KTG 51272 b
644	644	1 Within 30 days after July 6, 2017 (the effective date of
645	645	2 Public Act 100-23), rates shall be increased to $18.29 per
646	646	3 hour, for the purpose of increasing, by at least $.72 per hour,
647	647	4 the wages paid by those vendors to their employees who provide
648	648	5 homemaker services. The Department shall pay an enhanced rate
649	649	6 under the Community Care Program to those in-home service
650	650	7 provider agencies that offer health insurance coverage as a
651	651	8 benefit to their direct service worker employees consistent
652	652	9 with the mandates of Public Act 95-713. For State fiscal years
653	653	10 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
654	654	11 rate shall be adjusted using actuarial analysis based on the
655	655	12 cost of care, but shall not be set below $1.77 per hour. The
656	656	13 Department shall adopt rules, including emergency rules under
657	657	14 subsections (y) and (bb) of Section 5-45 of the Illinois
658	658	15 Administrative Procedure Act, to implement the provisions of
659	659	16 this paragraph.
660	660	17 The General Assembly finds it necessary to authorize an
661	661	18 aggressive Medicaid enrollment initiative designed to maximize
662	662	19 federal Medicaid funding for the Community Care Program which
663	663	20 produces significant savings for the State of Illinois. The
664	664	21 Department on Aging shall establish and implement a Community
665	665	22 Care Program Medicaid Initiative. Under the Initiative, the
666	666	23 Department on Aging shall, at a minimum: (i) provide an
667	667	24 enhanced rate to adequately compensate care coordination units
668	668	25 to enroll eligible Community Care Program clients into
669	669	26 Medicaid; (ii) use recommendations from a stakeholder
670	670
671	671
672	672
673	673
674	674
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676	676
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679	679	HB2143 - 19 - LRB103 24938 KTG 51272 b
680	680	1 committee on how best to implement the Initiative; and (iii)
681	681	2 establish requirements for State agencies to make enrollment
682	682	3 in the State's Medical Assistance program easier for seniors.
683	683	4 The Community Care Program Medicaid Enrollment Oversight
684	684	5 Subcommittee is created as a subcommittee of the Older Adult
685	685	6 Services Advisory Committee established in Section 35 of the
686	686	7 Older Adult Services Act to make recommendations on how best
687	687	8 to increase the number of medical assistance recipients who
688	688	9 are enrolled in the Community Care Program. The Subcommittee
689	689	10 shall consist of all of the following persons who must be
690	690	11 appointed within 30 days after the effective date of this
691	691	12 amendatory Act of the 100th General Assembly:
692	692	13 (1) The Director of Aging, or his or her designee, who
693	693	14 shall serve as the chairperson of the Subcommittee.
694	694	15 (2) One representative of the Department of Healthcare
695	695	16 and Family Services, appointed by the Director of
696	696	17 Healthcare and Family Services.
697	697	18 (3) One representative of the Department of Human
698	698	19 Services, appointed by the Secretary of Human Services.
699	699	20 (4) One individual representing a care coordination
700	700	21 unit, appointed by the Director of Aging.
701	701	22 (5) One individual from a non-governmental statewide
702	702	23 organization that advocates for seniors, appointed by the
703	703	24 Director of Aging.
704	704	25 (6) One individual representing Area Agencies on
705	705	26 Aging, appointed by the Director of Aging.
706	706
707	707
708	708
709	709
710	710
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712	712
713	713
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716	716	1 (7) One individual from a statewide association
717	717	2 dedicated to Alzheimer's care, support, and research,
718	718	3 appointed by the Director of Aging.
719	719	4 (8) One individual from an organization that employs
720	720	5 persons who provide services under the Community Care
721	721	6 Program, appointed by the Director of Aging.
722	722	7 (9) One member of a trade or labor union representing
723	723	8 persons who provide services under the Community Care
724	724	9 Program, appointed by the Director of Aging.
725	725	10 (10) One member of the Senate, who shall serve as
726	726	11 co-chairperson, appointed by the President of the Senate.
727	727	12 (11) One member of the Senate, who shall serve as
728	728	13 co-chairperson, appointed by the Minority Leader of the
729	729	14 Senate.
730	730	15 (12) One member of the House of Representatives, who
731	731	16 shall serve as co-chairperson, appointed by the Speaker of
732	732	17 the House of Representatives.
733	733	18 (13) One member of the House of Representatives, who
734	734	19 shall serve as co-chairperson, appointed by the Minority
735	735	20 Leader of the House of Representatives.
736	736	21 (14) One individual appointed by a labor organization
737	737	22 representing frontline employees at the Department of
738	738	23 Human Services.
739	739	24 The Subcommittee shall provide oversight to the Community
740	740	25 Care Program Medicaid Initiative and shall meet quarterly. At
741	741	26 each Subcommittee meeting the Department on Aging shall
742	742
743	743
744	744
745	745
746	746
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748	748
749	749
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752	752	1 provide the following data sets to the Subcommittee: (A) the
753	753	2 number of Illinois residents, categorized by planning and
754	754	3 service area, who are receiving services under the Community
755	755	4 Care Program and are enrolled in the State's Medical
756	756	5 Assistance Program; (B) the number of Illinois residents,
757	757	6 categorized by planning and service area, who are receiving
758	758	7 services under the Community Care Program, but are not
759	759	8 enrolled in the State's Medical Assistance Program; and (C)
760	760	9 the number of Illinois residents, categorized by planning and
761	761	10 service area, who are receiving services under the Community
762	762	11 Care Program and are eligible for benefits under the State's
763	763	12 Medical Assistance Program, but are not enrolled in the
764	764	13 State's Medical Assistance Program. In addition to this data,
765	765	14 the Department on Aging shall provide the Subcommittee with
766	766	15 plans on how the Department on Aging will reduce the number of
767	767	16 Illinois residents who are not enrolled in the State's Medical
768	768	17 Assistance Program but who are eligible for medical assistance
769	769	18 benefits. The Department on Aging shall enroll in the State's
770	770	19 Medical Assistance Program those Illinois residents who
771	771	20 receive services under the Community Care Program and are
772	772	21 eligible for medical assistance benefits but are not enrolled
773	773	22 in the State's Medicaid Assistance Program. The data provided
774	774	23 to the Subcommittee shall be made available to the public via
775	775	24 the Department on Aging's website.
776	776	25 The Department on Aging, with the involvement of the
777	777	26 Subcommittee, shall collaborate with the Department of Human
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB2143 - 22 - LRB103 24938 KTG 51272 b
788	788	1 Services and the Department of Healthcare and Family Services
789	789	2 on how best to achieve the responsibilities of the Community
790	790	3 Care Program Medicaid Initiative.
791	791	4 The Department on Aging, the Department of Human Services,
792	792	5 and the Department of Healthcare and Family Services shall
793	793	6 coordinate and implement a streamlined process for seniors to
794	794	7 access benefits under the State's Medical Assistance Program.
795	795	8 The Subcommittee shall collaborate with the Department of
796	796	9 Human Services on the adoption of a uniform application
797	797	10 submission process. The Department of Human Services and any
798	798	11 other State agency involved with processing the medical
799	799	12 assistance application of any person enrolled in the Community
800	800	13 Care Program shall include the appropriate care coordination
801	801	14 unit in all communications related to the determination or
802	802	15 status of the application.
803	803	16 The Community Care Program Medicaid Initiative shall
804	804	17 provide targeted funding to care coordination units to help
805	805	18 seniors complete their applications for medical assistance
806	806	19 benefits. On and after July 1, 2019, care coordination units
807	807	20 shall receive no less than $200 per completed application,
808	808	21 which rate may be included in a bundled rate for initial intake
809	809	22 services when Medicaid application assistance is provided in
810	810	23 conjunction with the initial intake process for new program
811	811	24 participants.
812	812	25 The Community Care Program Medicaid Initiative shall cease
813	813	26 operation 5 years after the effective date of this amendatory
814	814
815	815
816	816
817	817
818	818
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820	820
821	821
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823	823	HB2143 - 23 - LRB103 24938 KTG 51272 b
824	824	1 Act of the 100th General Assembly, after which the
825	825	2 Subcommittee shall dissolve.
826	826	3 (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
827	827
828	828
829	829
830	830
831	831
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