Illinois 2023-2024 Regular Session

Illinois House Bill HB2718 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2718 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 Amends the Illinois Act on the Aging. Provides that rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023. LRB103 25740 KTG 52089 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2718 Introduced , by Rep. Marcus C. Evans, Jr. 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 rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023. LRB103 25740 KTG 52089 b LRB103 25740 KTG 52089 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2718 Introduced , by Rep. Marcus C. Evans, Jr. 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 rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023.
6	6	LRB103 25740 KTG 52089 b LRB103 25740 KTG 52089 b
7	7	LRB103 25740 KTG 52089 b
8	8	A BILL FOR
9	9	HB2718LRB103 25740 KTG 52089 b HB2718 LRB103 25740 KTG 52089 b
10	10	HB2718 LRB103 25740 KTG 52089 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;
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2718 Introduced , by Rep. Marcus C. Evans, Jr. 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 rates for homemaker services shall be increased to $29.64 beginning July 1, 2023 to sustain a minimum wage of $18 per hour for direct service workers. Requires rates in subsequent State fiscal years to be no lower than the rates in effect on July 1, 2023. Requires providers of in-home services to be required to certify to the Department on Aging that they remain in compliance with the mandated wage increase for direct service workers. Provides that fringe benefits, including, but not limited to, paid time off and payment for training, health insurance, travel, or transportation, shall not be reduced in relation to the rate increases described in the amendatory Act. Effective July 1, 2023.
41	41	LRB103 25740 KTG 52089 b LRB103 25740 KTG 52089 b
42	42	LRB103 25740 KTG 52089 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	20 ILCS 105/4.02 from Ch. 23, par. 6104.02
50	50
51	51
52	52
53	53	LRB103 25740 KTG 52089 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB2718 LRB103 25740 KTG 52089 b
64	64
65	65
66	66	HB2718- 2 -LRB103 25740 KTG 52089 b HB2718 - 2 - LRB103 25740 KTG 52089 b
67	67	HB2718 - 2 - LRB103 25740 KTG 52089 b
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
94	94
95	95
96	96
97	97
98	98
99	99	HB2718 - 2 - LRB103 25740 KTG 52089 b
100	100
101	101
102	102	HB2718- 3 -LRB103 25740 KTG 52089 b HB2718 - 3 - LRB103 25740 KTG 52089 b
103	103	HB2718 - 3 - LRB103 25740 KTG 52089 b
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
130	130
131	131
132	132
133	133
134	134
135	135	HB2718 - 3 - LRB103 25740 KTG 52089 b
136	136
137	137
138	138	HB2718- 4 -LRB103 25740 KTG 52089 b HB2718 - 4 - LRB103 25740 KTG 52089 b
139	139	HB2718 - 4 - LRB103 25740 KTG 52089 b
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
166	166
167	167
168	168
169	169
170	170
171	171	HB2718 - 4 - LRB103 25740 KTG 52089 b
172	172
173	173
174	174	HB2718- 5 -LRB103 25740 KTG 52089 b HB2718 - 5 - LRB103 25740 KTG 52089 b
175	175	HB2718 - 5 - LRB103 25740 KTG 52089 b
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
202	202
203	203
204	204
205	205
206	206
207	207	HB2718 - 5 - LRB103 25740 KTG 52089 b
208	208
209	209
210	210	HB2718- 6 -LRB103 25740 KTG 52089 b HB2718 - 6 - LRB103 25740 KTG 52089 b
211	211	HB2718 - 6 - LRB103 25740 KTG 52089 b
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.
238	238
239	239
240	240
241	241
242	242
243	243	HB2718 - 6 - LRB103 25740 KTG 52089 b
244	244
245	245
246	246	HB2718- 7 -LRB103 25740 KTG 52089 b HB2718 - 7 - LRB103 25740 KTG 52089 b
247	247	HB2718 - 7 - LRB103 25740 KTG 52089 b
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
274	274
275	275
276	276
277	277
278	278
279	279	HB2718 - 7 - LRB103 25740 KTG 52089 b
280	280
281	281
282	282	HB2718- 8 -LRB103 25740 KTG 52089 b HB2718 - 8 - LRB103 25740 KTG 52089 b
283	283	HB2718 - 8 - LRB103 25740 KTG 52089 b
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
310	310
311	311
312	312
313	313
314	314
315	315	HB2718 - 8 - LRB103 25740 KTG 52089 b
316	316
317	317
318	318	HB2718- 9 -LRB103 25740 KTG 52089 b HB2718 - 9 - LRB103 25740 KTG 52089 b
319	319	HB2718 - 9 - LRB103 25740 KTG 52089 b
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
346	346
347	347
348	348
349	349
350	350
351	351	HB2718 - 9 - LRB103 25740 KTG 52089 b
352	352
353	353
354	354	HB2718- 10 -LRB103 25740 KTG 52089 b HB2718 - 10 - LRB103 25740 KTG 52089 b
355	355	HB2718 - 10 - LRB103 25740 KTG 52089 b
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, 2009 or as soon after the end of the Cash and
373	373	18 Counseling Demonstration Project as is practicable, the
374	374	19 Department may, based on its evaluation of the demonstration
375	375	20 project, promulgate rules concerning personal assistant
376	376	21 services, to include, but need not be limited to,
377	377	22 qualifications, employment screening, rights under fair labor
378	378	23 standards, training, fiduciary agent, and supervision
379	379	24 requirements. All applicants shall be subject to the
380	380	25 provisions of the Health Care Worker Background Check Act.
381	381	26 The Department shall develop procedures to enhance
382	382
383	383
384	384
385	385
386	386
387	387	HB2718 - 10 - LRB103 25740 KTG 52089 b
388	388
389	389
390	390	HB2718- 11 -LRB103 25740 KTG 52089 b HB2718 - 11 - LRB103 25740 KTG 52089 b
391	391	HB2718 - 11 - LRB103 25740 KTG 52089 b
392	392	1 availability of services on evenings, weekends, and on an
393	393	2 emergency basis to meet the respite needs of caregivers.
394	394	3 Procedures shall be developed to permit the utilization of
395	395	4 services in successive blocks of 24 hours up to the monthly
396	396	5 maximum established by the Department. Workers providing these
397	397	6 services shall be appropriately trained.
398	398	7 Beginning on the effective date of this amendatory Act of
399	399	8 1991, no person may perform chore/housekeeping and home care
400	400	9 aide services under a program authorized by this Section
401	401	10 unless that person has been issued a certificate of
402	402	11 pre-service to do so by his or her employing agency.
403	403	12 Information gathered to effect such certification shall
404	404	13 include (i) the person's name, (ii) the date the person was
405	405	14 hired by his or her current employer, and (iii) the training,
406	406	15 including dates and levels. Persons engaged in the program
407	407	16 authorized by this Section before the effective date of this
408	408	17 amendatory Act of 1991 shall be issued a certificate of all
409	409	18 pre- and in-service training from his or her employer upon
410	410	19 submitting the necessary information. The employing agency
411	411	20 shall be required to retain records of all staff pre- and
412	412	21 in-service training, and shall provide such records to the
413	413	22 Department upon request and upon termination of the employer's
414	414	23 contract with the Department. In addition, the employing
415	415	24 agency is responsible for the issuance of certifications of
416	416	25 in-service training completed to their employees.
417	417	26 The Department is required to develop a system to ensure
418	418
419	419
420	420
421	421
422	422
423	423	HB2718 - 11 - LRB103 25740 KTG 52089 b
424	424
425	425
426	426	HB2718- 12 -LRB103 25740 KTG 52089 b HB2718 - 12 - LRB103 25740 KTG 52089 b
427	427	HB2718 - 12 - LRB103 25740 KTG 52089 b
428	428	1 that persons working as home care aides and personal
429	429	2 assistants receive increases in their wages when the federal
430	430	3 minimum wage is increased by requiring vendors to certify that
431	431	4 they are meeting the federal minimum wage statute for home
432	432	5 care aides and personal assistants. An employer that cannot
433	433	6 ensure that the minimum wage increase is being given to home
434	434	7 care aides and personal assistants shall be denied any
435	435	8 increase in reimbursement costs.
436	436	9 The Community Care Program Advisory Committee is created
437	437	10 in the Department on Aging. The Director shall appoint
438	438	11 individuals to serve in the Committee, who shall serve at
439	439	12 their own expense. Members of the Committee must abide by all
440	440	13 applicable ethics laws. The Committee shall advise the
441	441	14 Department on issues related to the Department's program of
442	442	15 services to prevent unnecessary institutionalization. The
443	443	16 Committee shall meet on a bi-monthly basis and shall serve to
444	444	17 identify and advise the Department on present and potential
445	445	18 issues affecting the service delivery network, the program's
446	446	19 clients, and the Department and to recommend solution
447	447	20 strategies. Persons appointed to the Committee shall be
448	448	21 appointed on, but not limited to, their own and their agency's
449	449	22 experience with the program, geographic representation, and
450	450	23 willingness to serve. The Director shall appoint members to
451	451	24 the Committee to represent provider, advocacy, policy
452	452	25 research, and other constituencies committed to the delivery
453	453	26 of high quality home and community-based services to older
454	454
455	455
456	456
457	457
458	458
459	459	HB2718 - 12 - LRB103 25740 KTG 52089 b
460	460
461	461
462	462	HB2718- 13 -LRB103 25740 KTG 52089 b HB2718 - 13 - LRB103 25740 KTG 52089 b
463	463	HB2718 - 13 - LRB103 25740 KTG 52089 b
464	464	1 adults. Representatives shall be appointed to ensure
465	465	2 representation from community care providers including, but
466	466	3 not limited to, adult day service providers, homemaker
467	467	4 providers, case coordination and case management units,
468	468	5 emergency home response providers, statewide trade or labor
469	469	6 unions that represent home care aides and direct care staff,
470	470	7 area agencies on aging, adults over age 60, membership
471	471	8 organizations representing older adults, and other
472	472	9 organizational entities, providers of care, or individuals
473	473	10 with demonstrated interest and expertise in the field of home
474	474	11 and community care as determined by the Director.
475	475	12 Nominations may be presented from any agency or State
476	476	13 association with interest in the program. The Director, or his
477	477	14 or her designee, shall serve as the permanent co-chair of the
478	478	15 advisory committee. One other co-chair shall be nominated and
479	479	16 approved by the members of the committee on an annual basis.
480	480	17 Committee members' terms of appointment shall be for 4 years
481	481	18 with one-quarter of the appointees' terms expiring each year.
482	482	19 A member shall continue to serve until his or her replacement
483	483	20 is named. The Department shall fill vacancies that have a
484	484	21 remaining term of over one year, and this replacement shall
485	485	22 occur through the annual replacement of expiring terms. The
486	486	23 Director shall designate Department staff to provide technical
487	487	24 assistance and staff support to the committee. Department
488	488	25 representation shall not constitute membership of the
489	489	26 committee. All Committee papers, issues, recommendations,
490	490
491	491
492	492
493	493
494	494
495	495	HB2718 - 13 - LRB103 25740 KTG 52089 b
496	496
497	497
498	498	HB2718- 14 -LRB103 25740 KTG 52089 b HB2718 - 14 - LRB103 25740 KTG 52089 b
499	499	HB2718 - 14 - LRB103 25740 KTG 52089 b
500	500	1 reports, and meeting memoranda are advisory only. The
501	501	2 Director, or his or her designee, shall make a written report,
502	502	3 as requested by the Committee, regarding issues before the
503	503	4 Committee.
504	504	5 The Department on Aging and the Department of Human
505	505	6 Services shall cooperate in the development and submission of
506	506	7 an annual report on programs and services provided under this
507	507	8 Section. Such joint report shall be filed with the Governor
508	508	9 and the General Assembly on or before September 30 each year.
509	509	10 The requirement for reporting to the General Assembly
510	510	11 shall be satisfied by filing copies of the report as required
511	511	12 by Section 3.1 of the General Assembly Organization Act and
512	512	13 filing such additional copies with the State Government Report
513	513	14 Distribution Center for the General Assembly as is required
514	514	15 under paragraph (t) of Section 7 of the State Library Act.
515	515	16 Those persons previously found eligible for receiving
516	516	17 non-institutional services whose services were discontinued
517	517	18 under the Emergency Budget Act of Fiscal Year 1992, and who do
518	518	19 not meet the eligibility standards in effect on or after July
519	519	20 1, 1992, shall remain ineligible on and after July 1, 1992.
520	520	21 Those persons previously not required to cost-share and who
521	521	22 were required to cost-share effective March 1, 1992, shall
522	522	23 continue to meet cost-share requirements on and after July 1,
523	523	24 1992. Beginning July 1, 1992, all clients will be required to
524	524	25 meet eligibility, cost-share, and other requirements and will
525	525	26 have services discontinued or altered when they fail to meet
526	526
527	527
528	528
529	529
530	530
531	531	HB2718 - 14 - LRB103 25740 KTG 52089 b
532	532
533	533
534	534	HB2718- 15 -LRB103 25740 KTG 52089 b HB2718 - 15 - LRB103 25740 KTG 52089 b
535	535	HB2718 - 15 - LRB103 25740 KTG 52089 b
536	536	1 these requirements.
537	537	2 For the purposes of this Section, "flexible senior
538	538	3 services" refers to services that require one-time or periodic
539	539	4 expenditures including, but not limited to, respite care, home
540	540	5 modification, assistive technology, housing assistance, and
541	541	6 transportation.
542	542	7 The Department shall implement an electronic service
543	543	8 verification based on global positioning systems or other
544	544	9 cost-effective technology for the Community Care Program no
545	545	10 later than January 1, 2014.
546	546	11 The Department shall require, as a condition of
547	547	12 eligibility, enrollment in the medical assistance program
548	548	13 under Article V of the Illinois Public Aid Code (i) beginning
549	549	14 August 1, 2013, if the Auditor General has reported that the
550	550	15 Department has failed to comply with the reporting
551	551	16 requirements of Section 2-27 of the Illinois State Auditing
552	552	17 Act; or (ii) beginning June 1, 2014, if the Auditor General has
553	553	18 reported that the Department has not undertaken the required
554	554	19 actions listed in the report required by subsection (a) of
555	555	20 Section 2-27 of the Illinois State Auditing Act.
556	556	21 The Department shall delay Community Care Program services
557	557	22 until an applicant is determined eligible for medical
558	558	23 assistance under Article V of the Illinois Public Aid Code (i)
559	559	24 beginning August 1, 2013, if the Auditor General has reported
560	560	25 that the Department has failed to comply with the reporting
561	561	26 requirements of Section 2-27 of the Illinois State Auditing
562	562
563	563
564	564
565	565
566	566
567	567	HB2718 - 15 - LRB103 25740 KTG 52089 b
568	568
569	569
570	570	HB2718- 16 -LRB103 25740 KTG 52089 b HB2718 - 16 - LRB103 25740 KTG 52089 b
571	571	HB2718 - 16 - LRB103 25740 KTG 52089 b
572	572	1 Act; or (ii) beginning June 1, 2014, if the Auditor General has
573	573	2 reported that the Department has not undertaken the required
574	574	3 actions listed in the report required by subsection (a) of
575	575	4 Section 2-27 of the Illinois State Auditing Act.
576	576	5 The Department shall implement co-payments for the
577	577	6 Community Care Program at the federally allowable maximum
578	578	7 level (i) beginning August 1, 2013, if the Auditor General has
579	579	8 reported that the Department has failed to comply with the
580	580	9 reporting requirements of Section 2-27 of the Illinois State
581	581	10 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
582	582	11 General has reported that the Department has not undertaken
583	583	12 the required actions listed in the report required by
584	584	13 subsection (a) of Section 2-27 of the Illinois State Auditing
585	585	14 Act.
586	586	15 The Department shall continue to provide other Community
587	587	16 Care Program reports as required by statute.
588	588	17 The Department shall conduct a quarterly review of Care
589	589	18 Coordination Unit performance and adherence to service
590	590	19 guidelines. The quarterly review shall be reported to the
591	591	20 Speaker of the House of Representatives, the Minority Leader
592	592	21 of the House of Representatives, the President of the Senate,
593	593	22 and the Minority Leader of the Senate. The Department shall
594	594	23 collect and report longitudinal data on the performance of
595	595	24 each care coordination unit. Nothing in this paragraph shall
596	596	25 be construed to require the Department to identify specific
597	597	26 care coordination units.
598	598
599	599
600	600
601	601
602	602
603	603	HB2718 - 16 - LRB103 25740 KTG 52089 b
604	604
605	605
606	606	HB2718- 17 -LRB103 25740 KTG 52089 b HB2718 - 17 - LRB103 25740 KTG 52089 b
607	607	HB2718 - 17 - LRB103 25740 KTG 52089 b
608	608	1 In regard to community care providers, failure to comply
609	609	2 with Department on Aging policies shall be cause for
610	610	3 disciplinary action, including, but not limited to,
611	611	4 disqualification from serving Community Care Program clients.
612	612	5 Each provider, upon submission of any bill or invoice to the
613	613	6 Department for payment for services rendered, shall include a
614	614	7 notarized statement, under penalty of perjury pursuant to
615	615	8 Section 1-109 of the Code of Civil Procedure, that the
616	616	9 provider has complied with all Department policies.
617	617	10 The Director of the Department on Aging shall make
618	618	11 information available to the State Board of Elections as may
619	619	12 be required by an agreement the State Board of Elections has
620	620	13 entered into with a multi-state voter registration list
621	621	14 maintenance system.
622	622	15 Within 30 days after July 6, 2017 (the effective date of
623	623	16 Public Act 100-23), rates shall be increased to $18.29 per
624	624	17 hour, for the purpose of increasing, by at least $.72 per hour,
625	625	18 the wages paid by those vendors to their employees who provide
626	626	19 homemaker services. The Department shall pay an enhanced rate
627	627	20 under the Community Care Program to those in-home service
628	628	21 provider agencies that offer health insurance coverage as a
629	629	22 benefit to their direct service worker employees consistent
630	630	23 with the mandates of Public Act 95-713. For State fiscal years
631	631	24 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
632	632	25 rate shall be adjusted using actuarial analysis based on the
633	633	26 cost of care, but shall not be set below $1.77 per hour. The
634	634
635	635
636	636
637	637
638	638
639	639	HB2718 - 17 - LRB103 25740 KTG 52089 b
640	640
641	641
642	642	HB2718- 18 -LRB103 25740 KTG 52089 b HB2718 - 18 - LRB103 25740 KTG 52089 b
643	643	HB2718 - 18 - LRB103 25740 KTG 52089 b
644	644	1 Department shall adopt rules, including emergency rules under
645	645	2 subsections (y) and (bb) of Section 5-45 of the Illinois
646	646	3 Administrative Procedure Act, to implement the provisions of
647	647	4 this paragraph.
648	648	5 Rates for homemaker services shall be increased to $29.64
649	649	6 beginning July 1, 2023 to sustain a minimum wage of $18 per
650	650	7 hour for direct service workers. Rates in subsequent State
651	651	8 fiscal years shall be no lower than the rates in effect on July
652	652	9 1, 2023. Providers of in-home services shall be required to
653	653	10 certify to the Department that they remain in compliance with
654	654	11 the mandated wage increase for direct service workers. Fringe
655	655	12 benefits, including, but not limited to, paid time off and
656	656	13 payment for training, health insurance, travel, or
657	657	14 transportation, shall not be reduced in relation to the rate
658	658	15 increases described in this paragraph.
659	659	16 The General Assembly finds it necessary to authorize an
660	660	17 aggressive Medicaid enrollment initiative designed to maximize
661	661	18 federal Medicaid funding for the Community Care Program which
662	662	19 produces significant savings for the State of Illinois. The
663	663	20 Department on Aging shall establish and implement a Community
664	664	21 Care Program Medicaid Initiative. Under the Initiative, the
665	665	22 Department on Aging shall, at a minimum: (i) provide an
666	666	23 enhanced rate to adequately compensate care coordination units
667	667	24 to enroll eligible Community Care Program clients into
668	668	25 Medicaid; (ii) use recommendations from a stakeholder
669	669	26 committee on how best to implement the Initiative; and (iii)
670	670
671	671
672	672
673	673
674	674
675	675	HB2718 - 18 - LRB103 25740 KTG 52089 b
676	676
677	677
678	678	HB2718- 19 -LRB103 25740 KTG 52089 b HB2718 - 19 - LRB103 25740 KTG 52089 b
679	679	HB2718 - 19 - LRB103 25740 KTG 52089 b
680	680	1 establish requirements for State agencies to make enrollment
681	681	2 in the State's Medical Assistance program easier for seniors.
682	682	3 The Community Care Program Medicaid Enrollment Oversight
683	683	4 Subcommittee is created as a subcommittee of the Older Adult
684	684	5 Services Advisory Committee established in Section 35 of the
685	685	6 Older Adult Services Act to make recommendations on how best
686	686	7 to increase the number of medical assistance recipients who
687	687	8 are enrolled in the Community Care Program. The Subcommittee
688	688	9 shall consist of all of the following persons who must be
689	689	10 appointed within 30 days after the effective date of this
690	690	11 amendatory Act of the 100th General Assembly:
691	691	12 (1) The Director of Aging, or his or her designee, who
692	692	13 shall serve as the chairperson of the Subcommittee.
693	693	14 (2) One representative of the Department of Healthcare
694	694	15 and Family Services, appointed by the Director of
695	695	16 Healthcare and Family Services.
696	696	17 (3) One representative of the Department of Human
697	697	18 Services, appointed by the Secretary of Human Services.
698	698	19 (4) One individual representing a care coordination
699	699	20 unit, appointed by the Director of Aging.
700	700	21 (5) One individual from a non-governmental statewide
701	701	22 organization that advocates for seniors, appointed by the
702	702	23 Director of Aging.
703	703	24 (6) One individual representing Area Agencies on
704	704	25 Aging, appointed by the Director of Aging.
705	705	26 (7) One individual from a statewide association
706	706
707	707
708	708
709	709
710	710
711	711	HB2718 - 19 - LRB103 25740 KTG 52089 b
712	712
713	713
714	714	HB2718- 20 -LRB103 25740 KTG 52089 b HB2718 - 20 - LRB103 25740 KTG 52089 b
715	715	HB2718 - 20 - LRB103 25740 KTG 52089 b
716	716	1 dedicated to Alzheimer's care, support, and research,
717	717	2 appointed by the Director of Aging.
718	718	3 (8) One individual from an organization that employs
719	719	4 persons who provide services under the Community Care
720	720	5 Program, appointed by the Director of Aging.
721	721	6 (9) One member of a trade or labor union representing
722	722	7 persons who provide services under the Community Care
723	723	8 Program, appointed by the Director of Aging.
724	724	9 (10) One member of the Senate, who shall serve as
725	725	10 co-chairperson, appointed by the President of the Senate.
726	726	11 (11) One member of the Senate, who shall serve as
727	727	12 co-chairperson, appointed by the Minority Leader of the
728	728	13 Senate.
729	729	14 (12) One member of the House of Representatives, who
730	730	15 shall serve as co-chairperson, appointed by the Speaker of
731	731	16 the House of Representatives.
732	732	17 (13) One member of the House of Representatives, who
733	733	18 shall serve as co-chairperson, appointed by the Minority
734	734	19 Leader of the House of Representatives.
735	735	20 (14) One individual appointed by a labor organization
736	736	21 representing frontline employees at the Department of
737	737	22 Human Services.
738	738	23 The Subcommittee shall provide oversight to the Community
739	739	24 Care Program Medicaid Initiative and shall meet quarterly. At
740	740	25 each Subcommittee meeting the Department on Aging shall
741	741	26 provide the following data sets to the Subcommittee: (A) the
742	742
743	743
744	744
745	745
746	746
747	747	HB2718 - 20 - LRB103 25740 KTG 52089 b
748	748
749	749
750	750	HB2718- 21 -LRB103 25740 KTG 52089 b HB2718 - 21 - LRB103 25740 KTG 52089 b
751	751	HB2718 - 21 - LRB103 25740 KTG 52089 b
752	752	1 number of Illinois residents, categorized by planning and
753	753	2 service area, who are receiving services under the Community
754	754	3 Care Program and are enrolled in the State's Medical
755	755	4 Assistance Program; (B) the number of Illinois residents,
756	756	5 categorized by planning and service area, who are receiving
757	757	6 services under the Community Care Program, but are not
758	758	7 enrolled in the State's Medical Assistance Program; and (C)
759	759	8 the number of Illinois residents, categorized by planning and
760	760	9 service area, who are receiving services under the Community
761	761	10 Care Program and are eligible for benefits under the State's
762	762	11 Medical Assistance Program, but are not enrolled in the
763	763	12 State's Medical Assistance Program. In addition to this data,
764	764	13 the Department on Aging shall provide the Subcommittee with
765	765	14 plans on how the Department on Aging will reduce the number of
766	766	15 Illinois residents who are not enrolled in the State's Medical
767	767	16 Assistance Program but who are eligible for medical assistance
768	768	17 benefits. The Department on Aging shall enroll in the State's
769	769	18 Medical Assistance Program those Illinois residents who
770	770	19 receive services under the Community Care Program and are
771	771	20 eligible for medical assistance benefits but are not enrolled
772	772	21 in the State's Medicaid Assistance Program. The data provided
773	773	22 to the Subcommittee shall be made available to the public via
774	774	23 the Department on Aging's website.
775	775	24 The Department on Aging, with the involvement of the
776	776	25 Subcommittee, shall collaborate with the Department of Human
777	777	26 Services and the Department of Healthcare and Family Services
778	778
779	779
780	780
781	781
782	782
783	783	HB2718 - 21 - LRB103 25740 KTG 52089 b
784	784
785	785
786	786	HB2718- 22 -LRB103 25740 KTG 52089 b HB2718 - 22 - LRB103 25740 KTG 52089 b
787	787	HB2718 - 22 - LRB103 25740 KTG 52089 b
788	788	1 on how best to achieve the responsibilities of the Community
789	789	2 Care Program Medicaid Initiative.
790	790	3 The Department on Aging, the Department of Human Services,
791	791	4 and the Department of Healthcare and Family Services shall
792	792	5 coordinate and implement a streamlined process for seniors to
793	793	6 access benefits under the State's Medical Assistance Program.
794	794	7 The Subcommittee shall collaborate with the Department of
795	795	8 Human Services on the adoption of a uniform application
796	796	9 submission process. The Department of Human Services and any
797	797	10 other State agency involved with processing the medical
798	798	11 assistance application of any person enrolled in the Community
799	799	12 Care Program shall include the appropriate care coordination
800	800	13 unit in all communications related to the determination or
801	801	14 status of the application.
802	802	15 The Community Care Program Medicaid Initiative shall
803	803	16 provide targeted funding to care coordination units to help
804	804	17 seniors complete their applications for medical assistance
805	805	18 benefits. On and after July 1, 2019, care coordination units
806	806	19 shall receive no less than $200 per completed application,
807	807	20 which rate may be included in a bundled rate for initial intake
808	808	21 services when Medicaid application assistance is provided in
809	809	22 conjunction with the initial intake process for new program
810	810	23 participants.
811	811	24 The Community Care Program Medicaid Initiative shall cease
812	812	25 operation 5 years after the effective date of this amendatory
813	813	26 Act of the 100th General Assembly, after which the
814	814
815	815
816	816
817	817
818	818
819	819	HB2718 - 22 - LRB103 25740 KTG 52089 b
820	820
821	821
822	822	HB2718- 23 -LRB103 25740 KTG 52089 b HB2718 - 23 - LRB103 25740 KTG 52089 b
823	823	HB2718 - 23 - LRB103 25740 KTG 52089 b
824	824	1 Subcommittee shall dissolve.
825	825	2 (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
826	826	3 Section 99. Effective date. This Act takes effect July 1,
827	827	4 2023.
828	828
829	829
830	830
831	831
832	832
833	833	HB2718 - 23 - LRB103 25740 KTG 52089 b