Illinois 2023-2024 Regular Session

Illinois House Bill HB3021 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 HB3021 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.02 from Ch. 23, par. 6104.02 Amends the Illinois Act on the Aging. In a provision requiring workers to be appropriately trained to provide services under the Community Care Program, provides that only training curriculum approved by the Department on Aging may be used to fulfill training requirements for workers who provide in-home services. Requires the curriculum to consist of 24 hours of pre-service training and 12 hours of annual in-service training. Provides that the Department shall only approve training curriculum that (i) has been developed with input from consumer and worker representatives, and (ii) requires comprehensive instruction by qualified instructors on the required competencies and training topics. Provides that changes to the competencies, curriculum topics, or instructor qualifications shall be made only with input and approval of the Home Care Worker Training Subcommittee of the Community Care Program Advisory Committee. Provides that no person may perform in-home services under a program authorized under the Act unless that person has received pre-service training and remains current on his or her annual in-service training. Provides that pre-service training hours and in-service training hours shall be paid at the worker's regular rate of pay. Provides that starting no later than July 1, 2024, workers who have met the requirements to perform in-home services and the records of trainings they have completed shall be placed on the Health Care Worker Registry maintained by the Department of Public Health. Creates the Home Care Worker Training Subcommittee within the Community Care Program Advisory Committee. Provides that the purpose of the Subcommittee is to address the challenges of recruiting, training, and retaining the home care workforce needed to meet growing demand. Sets forth the Subcommittee's membership and its responsibilities. Effective immediately. LRB103 27588 KTG 53964 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3021 Introduced , by Rep. Lakesia Collins 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. In a provision requiring workers to be appropriately trained to provide services under the Community Care Program, provides that only training curriculum approved by the Department on Aging may be used to fulfill training requirements for workers who provide in-home services. Requires the curriculum to consist of 24 hours of pre-service training and 12 hours of annual in-service training. Provides that the Department shall only approve training curriculum that (i) has been developed with input from consumer and worker representatives, and (ii) requires comprehensive instruction by qualified instructors on the required competencies and training topics. Provides that changes to the competencies, curriculum topics, or instructor qualifications shall be made only with input and approval of the Home Care Worker Training Subcommittee of the Community Care Program Advisory Committee. Provides that no person may perform in-home services under a program authorized under the Act unless that person has received pre-service training and remains current on his or her annual in-service training. Provides that pre-service training hours and in-service training hours shall be paid at the worker's regular rate of pay. Provides that starting no later than July 1, 2024, workers who have met the requirements to perform in-home services and the records of trainings they have completed shall be placed on the Health Care Worker Registry maintained by the Department of Public Health. Creates the Home Care Worker Training Subcommittee within the Community Care Program Advisory Committee. Provides that the purpose of the Subcommittee is to address the challenges of recruiting, training, and retaining the home care workforce needed to meet growing demand. Sets forth the Subcommittee's membership and its responsibilities. Effective immediately. LRB103 27588 KTG 53964 b LRB103 27588 KTG 53964 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3021 Introduced , by Rep. Lakesia Collins 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. In a provision requiring workers to be appropriately trained to provide services under the Community Care Program, provides that only training curriculum approved by the Department on Aging may be used to fulfill training requirements for workers who provide in-home services. Requires the curriculum to consist of 24 hours of pre-service training and 12 hours of annual in-service training. Provides that the Department shall only approve training curriculum that (i) has been developed with input from consumer and worker representatives, and (ii) requires comprehensive instruction by qualified instructors on the required competencies and training topics. Provides that changes to the competencies, curriculum topics, or instructor qualifications shall be made only with input and approval of the Home Care Worker Training Subcommittee of the Community Care Program Advisory Committee. Provides that no person may perform in-home services under a program authorized under the Act unless that person has received pre-service training and remains current on his or her annual in-service training. Provides that pre-service training hours and in-service training hours shall be paid at the worker's regular rate of pay. Provides that starting no later than July 1, 2024, workers who have met the requirements to perform in-home services and the records of trainings they have completed shall be placed on the Health Care Worker Registry maintained by the Department of Public Health. Creates the Home Care Worker Training Subcommittee within the Community Care Program Advisory Committee. Provides that the purpose of the Subcommittee is to address the challenges of recruiting, training, and retaining the home care workforce needed to meet growing demand. Sets forth the Subcommittee's membership and its responsibilities. Effective immediately.
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8	8	A BILL FOR
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10	10	HB3021 LRB103 27588 KTG 53964 b
11	11	1 AN ACT concerning aging.
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 HB3021 Introduced , by Rep. Lakesia Collins 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. In a provision requiring workers to be appropriately trained to provide services under the Community Care Program, provides that only training curriculum approved by the Department on Aging may be used to fulfill training requirements for workers who provide in-home services. Requires the curriculum to consist of 24 hours of pre-service training and 12 hours of annual in-service training. Provides that the Department shall only approve training curriculum that (i) has been developed with input from consumer and worker representatives, and (ii) requires comprehensive instruction by qualified instructors on the required competencies and training topics. Provides that changes to the competencies, curriculum topics, or instructor qualifications shall be made only with input and approval of the Home Care Worker Training Subcommittee of the Community Care Program Advisory Committee. Provides that no person may perform in-home services under a program authorized under the Act unless that person has received pre-service training and remains current on his or her annual in-service training. Provides that pre-service training hours and in-service training hours shall be paid at the worker's regular rate of pay. Provides that starting no later than July 1, 2024, workers who have met the requirements to perform in-home services and the records of trainings they have completed shall be placed on the Health Care Worker Registry maintained by the Department of Public Health. Creates the Home Care Worker Training Subcommittee within the Community Care Program Advisory Committee. Provides that the purpose of the Subcommittee is to address the challenges of recruiting, training, and retaining the home care workforce needed to meet growing demand. Sets forth the Subcommittee's membership and its responsibilities. Effective immediately.
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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, 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
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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 Only training curriculum approved by the Department may be
399	399	8 used to fulfill training requirements for workers who provide
400	400	9 in-home services. The curriculum shall consist of 24 hours of
401	401	10 pre-service training and 12 hours of annual in-service
402	402	11 training. The Department shall only approve training
403	403	12 curriculum that (i) has been developed with input from
404	404	13 consumer and worker representatives, and (ii) requires
405	405	14 comprehensive instruction by qualified instructors on the
406	406	15 required competencies and training topics. The objectives
407	407	16 shall be to ensure that every worker has access to
408	408	17 high-quality training that enables them to build the
409	409	18 competencies, skills, and knowledge required for delivering
410	410	19 high-quality home care services; and to ensure development of
411	411	20 training that is accessible and accommodates workers' language
412	412	21 needs and learning preferences when possible. Competencies,
413	413	22 curriculum topics, and instructor qualifications shall be
414	414	23 determined by the Department by rule. Changes to the
415	415	24 competencies, curriculum topics, or instructor qualifications
416	416	25 shall be made only with input and approval of the Home Care
417	417	26 Worker Training Subcommittee of the Community Care Program
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428	428	1 Advisory Committee.
429	429	2 No Beginning on the effective date of this amendatory Act
430	430	3 of 1991, no person may perform in-home chore/housekeeping and
431	431	4 home care aide services under a program authorized by this
432	432	5 Section unless that person has received pre-service training.
433	433	6 Pre-service training hours shall be paid at the worker's
434	434	7 regular rate of pay. No person may perform in-home services
435	435	8 under a program authorized by this Section unless that person
436	436	9 remains current on his or her annual in-service training.
437	437	10 In-service training hours shall be paid at the worker's
438	438	11 regular rate of pay. Starting no later than July 1, 2024,
439	439	12 workers who have met the requirements to perform in-home
440	440	13 services and the records of trainings they have completed
441	441	14 shall be placed on the Health Care Worker Registry maintained
442	442	15 by the Department of Public Health. Prior to July 1, 2024, the
443	443	16 been issued a certificate of pre-service to do so by his or her
444	444	17 employing agency. Information gathered to effect such
445	445	18 certification shall include (i) the person's name, (ii) the
446	446	19 date the person was hired by his or her current employer, and
447	447	20 (iii) the training, including dates and levels. Persons
448	448	21 engaged in the program authorized by this Section before the
449	449	22 effective date of this amendatory Act of 1991 shall be issued a
450	450	23 certificate of all pre- and in-service training from his or
451	451	24 her employer upon submitting the necessary information. The
452	452	25 employing agency is shall be required to retain records of all
453	453	26 staff pre- and in-service training, and shall provide such
454	454
455	455
456	456
457	457
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460	460
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464	464	1 records to the Department upon request and upon termination of
465	465	2 the employer's contract with the Department. In addition, the
466	466	3 employing agency is responsible for the issuance of
467	467	4 certifications of in-service training completed to their
468	468	5 employees.
469	469	6 The Department is required to develop a system to ensure
470	470	7 that persons working as home care aides and personal
471	471	8 assistants receive increases in their wages when the federal
472	472	9 minimum wage is increased by requiring vendors to certify that
473	473	10 they are meeting the federal minimum wage statute for home
474	474	11 care aides and personal assistants. An employer that cannot
475	475	12 ensure that the minimum wage increase is being given to home
476	476	13 care aides and personal assistants shall be denied any
477	477	14 increase in reimbursement costs.
478	478	15 The Community Care Program Advisory Committee is created
479	479	16 in the Department on Aging. The Director shall appoint
480	480	17 individuals to serve in the Committee, who shall serve at
481	481	18 their own expense. Members of the Committee must abide by all
482	482	19 applicable ethics laws. The Committee shall advise the
483	483	20 Department on issues related to the Department's program of
484	484	21 services to prevent unnecessary institutionalization. The
485	485	22 Committee shall meet on a bi-monthly basis and shall serve to
486	486	23 identify and advise the Department on present and potential
487	487	24 issues affecting the service delivery network, the program's
488	488	25 clients, and the Department and to recommend solution
489	489	26 strategies. Persons appointed to the Committee shall be
490	490
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500	500	1 appointed on, but not limited to, their own and their agency's
501	501	2 experience with the program, geographic representation, and
502	502	3 willingness to serve. The Director shall appoint members to
503	503	4 the Committee to represent provider, advocacy, policy
504	504	5 research, and other constituencies committed to the delivery
505	505	6 of high quality home and community-based services to older
506	506	7 adults. Representatives shall be appointed to ensure
507	507	8 representation from community care providers including, but
508	508	9 not limited to, adult day service providers, homemaker
509	509	10 providers, case coordination and case management units,
510	510	11 emergency home response providers, statewide trade or labor
511	511	12 unions that represent home care aides and direct care staff,
512	512	13 area agencies on aging, adults over age 60, membership
513	513	14 organizations representing older adults, and other
514	514	15 organizational entities, providers of care, or individuals
515	515	16 with demonstrated interest and expertise in the field of home
516	516	17 and community care as determined by the Director.
517	517	18 Nominations may be presented from any agency or State
518	518	19 association with interest in the program. The Director, or his
519	519	20 or her designee, shall serve as the permanent co-chair of the
520	520	21 advisory committee. One other co-chair shall be nominated and
521	521	22 approved by the members of the committee on an annual basis.
522	522	23 Committee members' terms of appointment shall be for 4 years
523	523	24 with one-quarter of the appointees' terms expiring each year.
524	524	25 A member shall continue to serve until his or her replacement
525	525	26 is named. The Department shall fill vacancies that have a
526	526
527	527
528	528
529	529
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536	536	1 remaining term of over one year, and this replacement shall
537	537	2 occur through the annual replacement of expiring terms. The
538	538	3 Director shall designate Department staff to provide technical
539	539	4 assistance and staff support to the committee. Department
540	540	5 representation shall not constitute membership of the
541	541	6 committee. All Committee papers, issues, recommendations,
542	542	7 reports, and meeting memoranda are advisory only. The
543	543	8 Director, or his or her designee, shall make a written report,
544	544	9 as requested by the Committee, regarding issues before the
545	545	10 Committee.
546	546	11 The Home Care Worker Training Subcommittee is created as a
547	547	12 subcommittee of the Community Care Program Advisory Committee.
548	548	13 The purpose of the Subcommittee is to address the challenges
549	549	14 of recruiting, training, and retaining the home care workforce
550	550	15 needed to meet growing demand. The Subcommittee shall consist
551	551	16 of all of the following persons who must be appointed within 60
552	552	17 days after the effective date of this amendatory Act of the
553	553	18 103rd General Assembly: (i) a representative of a labor union
554	554	19 that represents home care aides; (ii) a representative of an
555	555	20 in-home service provider agency; (iii) a representative of a
556	556	21 membership organization representing older adults; (iv) the
557	557	22 Director or his or her designee who is serving as co-chair of
558	558	23 the Committee. Responsibilities of the Subcommittee shall be
559	559	24 all of the following:
560	560	25 (1) To review and recommend changes to the required
561	561	26 competencies and required and optional topics for required
562	562
563	563
564	564
565	565
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568	568
569	569
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572	572	1 pre-service and annual in-service training for home care
573	573	2 workers. The Subcommittee shall make these recommendations
574	574	3 no later than a year after all its members have been
575	575	4 appointed.
576	576	5 (2) To recommend changes to how training is delivered
577	577	6 to address the specific needs of home care workers through
578	578	7 supportive services, peer-led learning, mentorships, and
579	579	8 labor-management training partnerships. The Subcommittee
580	580	9 shall make these recommendations no later than 2 years
581	581	10 after all its members have been appointed.
582	582	11 (3) To recommend changes to training requirements,
583	583	12 in-home service rates, and worker wages to create advanced
584	584	13 home care worker career pathways. The Subcommittee shall
585	585	14 make these recommendations no later than 30 months after
586	586	15 all its members have been appointed.
587	587	16 The Department on Aging and the Department of Human
588	588	17 Services shall cooperate in the development and submission of
589	589	18 an annual report on programs and services provided under this
590	590	19 Section. Such joint report shall be filed with the Governor
591	591	20 and the General Assembly on or before September 30 each year.
592	592	21 The requirement for reporting to the General Assembly
593	593	22 shall be satisfied by filing copies of the report as required
594	594	23 by Section 3.1 of the General Assembly Organization Act and
595	595	24 filing such additional copies with the State Government Report
596	596	25 Distribution Center for the General Assembly as is required
597	597	26 under paragraph (t) of Section 7 of the State Library Act.
598	598
599	599
600	600
601	601
602	602
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608	608	1 Those persons previously found eligible for receiving
609	609	2 non-institutional services whose services were discontinued
610	610	3 under the Emergency Budget Act of Fiscal Year 1992, and who do
611	611	4 not meet the eligibility standards in effect on or after July
612	612	5 1, 1992, shall remain ineligible on and after July 1, 1992.
613	613	6 Those persons previously not required to cost-share and who
614	614	7 were required to cost-share effective March 1, 1992, shall
615	615	8 continue to meet cost-share requirements on and after July 1,
616	616	9 1992. Beginning July 1, 1992, all clients will be required to
617	617	10 meet eligibility, cost-share, and other requirements and will
618	618	11 have services discontinued or altered when they fail to meet
619	619	12 these requirements.
620	620	13 For the purposes of this Section, "flexible senior
621	621	14 services" refers to services that require one-time or periodic
622	622	15 expenditures including, but not limited to, respite care, home
623	623	16 modification, assistive technology, housing assistance, and
624	624	17 transportation.
625	625	18 The Department shall implement an electronic service
626	626	19 verification based on global positioning systems or other
627	627	20 cost-effective technology for the Community Care Program no
628	628	21 later than January 1, 2014.
629	629	22 The Department shall require, as a condition of
630	630	23 eligibility, enrollment in the medical assistance program
631	631	24 under Article V of the Illinois Public Aid Code (i) beginning
632	632	25 August 1, 2013, if the Auditor General has reported that the
633	633	26 Department has failed to comply with the reporting
634	634
635	635
636	636
637	637
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640	640
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644	644	1 requirements of Section 2-27 of the Illinois State Auditing
645	645	2 Act; or (ii) beginning June 1, 2014, if the Auditor General has
646	646	3 reported that the Department has not undertaken the required
647	647	4 actions listed in the report required by subsection (a) of
648	648	5 Section 2-27 of the Illinois State Auditing Act.
649	649	6 The Department shall delay Community Care Program services
650	650	7 until an applicant is determined eligible for medical
651	651	8 assistance under Article V of the Illinois Public Aid Code (i)
652	652	9 beginning August 1, 2013, if the Auditor General has reported
653	653	10 that the Department has failed to comply with the reporting
654	654	11 requirements of Section 2-27 of the Illinois State Auditing
655	655	12 Act; or (ii) beginning June 1, 2014, if the Auditor General has
656	656	13 reported that the Department has not undertaken the required
657	657	14 actions listed in the report required by subsection (a) of
658	658	15 Section 2-27 of the Illinois State Auditing Act.
659	659	16 The Department shall implement co-payments for the
660	660	17 Community Care Program at the federally allowable maximum
661	661	18 level (i) beginning August 1, 2013, if the Auditor General has
662	662	19 reported that the Department has failed to comply with the
663	663	20 reporting requirements of Section 2-27 of the Illinois State
664	664	21 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
665	665	22 General has reported that the Department has not undertaken
666	666	23 the required actions listed in the report required by
667	667	24 subsection (a) of Section 2-27 of the Illinois State Auditing
668	668	25 Act.
669	669	26 The Department shall continue to provide other Community
670	670
671	671
672	672
673	673
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680	680	1 Care Program reports as required by statute.
681	681	2 The Department shall conduct a quarterly review of Care
682	682	3 Coordination Unit performance and adherence to service
683	683	4 guidelines. The quarterly review shall be reported to the
684	684	5 Speaker of the House of Representatives, the Minority Leader
685	685	6 of the House of Representatives, the President of the Senate,
686	686	7 and the Minority Leader of the Senate. The Department shall
687	687	8 collect and report longitudinal data on the performance of
688	688	9 each care coordination unit. Nothing in this paragraph shall
689	689	10 be construed to require the Department to identify specific
690	690	11 care coordination units.
691	691	12 In regard to community care providers, failure to comply
692	692	13 with Department on Aging policies shall be cause for
693	693	14 disciplinary action, including, but not limited to,
694	694	15 disqualification from serving Community Care Program clients.
695	695	16 Each provider, upon submission of any bill or invoice to the
696	696	17 Department for payment for services rendered, shall include a
697	697	18 notarized statement, under penalty of perjury pursuant to
698	698	19 Section 1-109 of the Code of Civil Procedure, that the
699	699	20 provider has complied with all Department policies.
700	700	21 The Director of the Department on Aging shall make
701	701	22 information available to the State Board of Elections as may
702	702	23 be required by an agreement the State Board of Elections has
703	703	24 entered into with a multi-state voter registration list
704	704	25 maintenance system.
705	705	26 Within 30 days after July 6, 2017 (the effective date of
706	706
707	707
708	708
709	709
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712	712
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716	716	1 Public Act 100-23), rates shall be increased to $18.29 per
717	717	2 hour, for the purpose of increasing, by at least $.72 per hour,
718	718	3 the wages paid by those vendors to their employees who provide
719	719	4 homemaker services. The Department shall pay an enhanced rate
720	720	5 under the Community Care Program to those in-home service
721	721	6 provider agencies that offer health insurance coverage as a
722	722	7 benefit to their direct service worker employees consistent
723	723	8 with the mandates of Public Act 95-713. For State fiscal years
724	724	9 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
725	725	10 rate shall be adjusted using actuarial analysis based on the
726	726	11 cost of care, but shall not be set below $1.77 per hour. The
727	727	12 Department shall adopt rules, including emergency rules under
728	728	13 subsections (y) and (bb) of Section 5-45 of the Illinois
729	729	14 Administrative Procedure Act, to implement the provisions of
730	730	15 this paragraph.
731	731	16 The General Assembly finds it necessary to authorize an
732	732	17 aggressive Medicaid enrollment initiative designed to maximize
733	733	18 federal Medicaid funding for the Community Care Program which
734	734	19 produces significant savings for the State of Illinois. The
735	735	20 Department on Aging shall establish and implement a Community
736	736	21 Care Program Medicaid Initiative. Under the Initiative, the
737	737	22 Department on Aging shall, at a minimum: (i) provide an
738	738	23 enhanced rate to adequately compensate care coordination units
739	739	24 to enroll eligible Community Care Program clients into
740	740	25 Medicaid; (ii) use recommendations from a stakeholder
741	741	26 committee on how best to implement the Initiative; and (iii)
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 establish requirements for State agencies to make enrollment
753	753	2 in the State's Medical Assistance program easier for seniors.
754	754	3 The Community Care Program Medicaid Enrollment Oversight
755	755	4 Subcommittee is created as a subcommittee of the Older Adult
756	756	5 Services Advisory Committee established in Section 35 of the
757	757	6 Older Adult Services Act to make recommendations on how best
758	758	7 to increase the number of medical assistance recipients who
759	759	8 are enrolled in the Community Care Program. The Subcommittee
760	760	9 shall consist of all of the following persons who must be
761	761	10 appointed within 30 days after the effective date of this
762	762	11 amendatory Act of the 100th General Assembly:
763	763	12 (1) The Director of Aging, or his or her designee, who
764	764	13 shall serve as the chairperson of the Subcommittee.
765	765	14 (2) One representative of the Department of Healthcare
766	766	15 and Family Services, appointed by the Director of
767	767	16 Healthcare and Family Services.
768	768	17 (3) One representative of the Department of Human
769	769	18 Services, appointed by the Secretary of Human Services.
770	770	19 (4) One individual representing a care coordination
771	771	20 unit, appointed by the Director of Aging.
772	772	21 (5) One individual from a non-governmental statewide
773	773	22 organization that advocates for seniors, appointed by the
774	774	23 Director of Aging.
775	775	24 (6) One individual representing Area Agencies on
776	776	25 Aging, appointed by the Director of Aging.
777	777	26 (7) One individual from a statewide association
778	778
779	779
780	780
781	781
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784	784
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788	788	1 dedicated to Alzheimer's care, support, and research,
789	789	2 appointed by the Director of Aging.
790	790	3 (8) One individual from an organization that employs
791	791	4 persons who provide services under the Community Care
792	792	5 Program, appointed by the Director of Aging.
793	793	6 (9) One member of a trade or labor union representing
794	794	7 persons who provide services under the Community Care
795	795	8 Program, appointed by the Director of Aging.
796	796	9 (10) One member of the Senate, who shall serve as
797	797	10 co-chairperson, appointed by the President of the Senate.
798	798	11 (11) One member of the Senate, who shall serve as
799	799	12 co-chairperson, appointed by the Minority Leader of the
800	800	13 Senate.
801	801	14 (12) One member of the House of Representatives, who
802	802	15 shall serve as co-chairperson, appointed by the Speaker of
803	803	16 the House of Representatives.
804	804	17 (13) One member of the House of Representatives, who
805	805	18 shall serve as co-chairperson, appointed by the Minority
806	806	19 Leader of the House of Representatives.
807	807	20 (14) One individual appointed by a labor organization
808	808	21 representing frontline employees at the Department of
809	809	22 Human Services.
810	810	23 The Subcommittee shall provide oversight to the Community
811	811	24 Care Program Medicaid Initiative and shall meet quarterly. At
812	812	25 each Subcommittee meeting the Department on Aging shall
813	813	26 provide the following data sets to the Subcommittee: (A) the
814	814
815	815
816	816
817	817
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820	820
821	821
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824	824	1 number of Illinois residents, categorized by planning and
825	825	2 service area, who are receiving services under the Community
826	826	3 Care Program and are enrolled in the State's Medical
827	827	4 Assistance Program; (B) the number of Illinois residents,
828	828	5 categorized by planning and service area, who are receiving
829	829	6 services under the Community Care Program, but are not
830	830	7 enrolled in the State's Medical Assistance Program; and (C)
831	831	8 the number of Illinois residents, categorized by planning and
832	832	9 service area, who are receiving services under the Community
833	833	10 Care Program and are eligible for benefits under the State's
834	834	11 Medical Assistance Program, but are not enrolled in the
835	835	12 State's Medical Assistance Program. In addition to this data,
836	836	13 the Department on Aging shall provide the Subcommittee with
837	837	14 plans on how the Department on Aging will reduce the number of
838	838	15 Illinois residents who are not enrolled in the State's Medical
839	839	16 Assistance Program but who are eligible for medical assistance
840	840	17 benefits. The Department on Aging shall enroll in the State's
841	841	18 Medical Assistance Program those Illinois residents who
842	842	19 receive services under the Community Care Program and are
843	843	20 eligible for medical assistance benefits but are not enrolled
844	844	21 in the State's Medicaid Assistance Program. The data provided
845	845	22 to the Subcommittee shall be made available to the public via
846	846	23 the Department on Aging's website.
847	847	24 The Department on Aging, with the involvement of the
848	848	25 Subcommittee, shall collaborate with the Department of Human
849	849	26 Services and the Department of Healthcare and Family Services
850	850
851	851
852	852
853	853
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856	856
857	857
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860	860	1 on how best to achieve the responsibilities of the Community
861	861	2 Care Program Medicaid Initiative.
862	862	3 The Department on Aging, the Department of Human Services,
863	863	4 and the Department of Healthcare and Family Services shall
864	864	5 coordinate and implement a streamlined process for seniors to
865	865	6 access benefits under the State's Medical Assistance Program.
866	866	7 The Subcommittee shall collaborate with the Department of
867	867	8 Human Services on the adoption of a uniform application
868	868	9 submission process. The Department of Human Services and any
869	869	10 other State agency involved with processing the medical
870	870	11 assistance application of any person enrolled in the Community
871	871	12 Care Program shall include the appropriate care coordination
872	872	13 unit in all communications related to the determination or
873	873	14 status of the application.
874	874	15 The Community Care Program Medicaid Initiative shall
875	875	16 provide targeted funding to care coordination units to help
876	876	17 seniors complete their applications for medical assistance
877	877	18 benefits. On and after July 1, 2019, care coordination units
878	878	19 shall receive no less than $200 per completed application,
879	879	20 which rate may be included in a bundled rate for initial intake
880	880	21 services when Medicaid application assistance is provided in
881	881	22 conjunction with the initial intake process for new program
882	882	23 participants.
883	883	24 The Community Care Program Medicaid Initiative shall cease
884	884	25 operation 5 years after the effective date of this amendatory
885	885	26 Act of the 100th General Assembly, after which the
886	886
887	887
888	888
889	889
890	890
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892	892
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896	896	1 Subcommittee shall dissolve.
897	897	2 (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
898	898	3 Section 99. Effective date. This Act takes effect upon
899	899	4 becoming law.
900	900
901	901
902	902
903	903
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