Illinois 2023-2024 Regular Session

Illinois House Bill HB3223 Latest Draft

Bill / Introduced Version Filed 02/16/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3223 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:   20 ILCS 105/4.02 from Ch. 23, par. 6104.02   Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program, provides that within 30 days after the effective date of the amendatory Act, rates for adult day services shall be increased to $16.84 per hour and rates for each way transportation services for adult day services shall be increased to $12.44 per unit transportation. Effective immediately.  LRB103 27714 KTG 54091 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3223 Introduced , by Rep. Lindsey LaPointe 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 provisions concerning the Community Care Program, provides that within 30 days after the effective date of the amendatory Act, rates for adult day services shall be increased to $16.84 per hour and rates for each way transportation services for adult day services shall be increased to $12.44 per unit transportation. Effective immediately.  LRB103 27714 KTG 54091 b     LRB103 27714 KTG 54091 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3223 Introduced , by Rep. Lindsey LaPointe 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
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program, provides that within 30 days after the effective date of the amendatory Act, rates for adult day services shall be increased to $16.84 per hour and rates for each way transportation services for adult day services shall be increased to $12.44 per unit transportation. Effective immediately.
LRB103 27714 KTG 54091 b     LRB103 27714 KTG 54091 b
    LRB103 27714 KTG 54091 b
A BILL FOR
HB3223LRB103 27714 KTG 54091 b   HB3223  LRB103 27714 KTG 54091 b
  HB3223  LRB103 27714 KTG 54091 b
1  AN ACT concerning State government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Act on the Aging is amended by
5  changing Section 4.02 as follows:
6  (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
7  Sec. 4.02. Community Care Program. The Department shall
8  establish a program of services to prevent unnecessary
9  institutionalization of persons age 60 and older in need of
10  long term care or who are established as persons who suffer
11  from Alzheimer's disease or a related disorder under the
12  Alzheimer's Disease Assistance Act, thereby enabling them to
13  remain in their own homes or in other living arrangements.
14  Such preventive services, which may be coordinated with other
15  programs for the aged and monitored by area agencies on aging
16  in cooperation with the Department, may include, but are not
17  limited to, any or all of the following:
18  (a) (blank);
19  (b) (blank);
20  (c) home care aide services;
21  (d) personal assistant services;
22  (e) adult day services;
23  (f) home-delivered meals;

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3223 Introduced , by Rep. Lindsey LaPointe 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
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program, provides that within 30 days after the effective date of the amendatory Act, rates for adult day services shall be increased to $16.84 per hour and rates for each way transportation services for adult day services shall be increased to $12.44 per unit transportation. Effective immediately.
LRB103 27714 KTG 54091 b     LRB103 27714 KTG 54091 b
    LRB103 27714 KTG 54091 b
A BILL FOR

 

 

20 ILCS 105/4.02 from Ch. 23, par. 6104.02



    LRB103 27714 KTG 54091 b

 

 



 

  HB3223  LRB103 27714 KTG 54091 b


HB3223- 2 -LRB103 27714 KTG 54091 b   HB3223 - 2 - LRB103 27714 KTG 54091 b
  HB3223 - 2 - LRB103 27714 KTG 54091 b
1  (g) education in self-care;
2  (h) personal care services;
3  (i) adult day health services;
4  (j) habilitation services;
5  (k) respite care;
6  (k-5) community reintegration services;
7  (k-6) flexible senior services;
8  (k-7) medication management;
9  (k-8) emergency home response;
10  (l) other nonmedical social services that may enable
11  the person to become self-supporting; or
12  (m) clearinghouse for information provided by senior
13  citizen home owners who want to rent rooms to or share
14  living space with other senior citizens.
15  The Department shall establish eligibility standards for
16  such services. In determining the amount and nature of
17  services for which a person may qualify, consideration shall
18  not be given to the value of cash, property or other assets
19  held in the name of the person's spouse pursuant to a written
20  agreement dividing marital property into equal but separate
21  shares or pursuant to a transfer of the person's interest in a
22  home to his spouse, provided that the spouse's share of the
23  marital property is not made available to the person seeking
24  such services.
25  Beginning January 1, 2008, the Department shall require as
26  a condition of eligibility that all new financially eligible

 

 

  HB3223 - 2 - LRB103 27714 KTG 54091 b


HB3223- 3 -LRB103 27714 KTG 54091 b   HB3223 - 3 - LRB103 27714 KTG 54091 b
  HB3223 - 3 - LRB103 27714 KTG 54091 b
1  applicants apply for and enroll in medical assistance under
2  Article V of the Illinois Public Aid Code in accordance with
3  rules promulgated by the Department.
4  The Department shall, in conjunction with the Department
5  of Public Aid (now Department of Healthcare and Family
6  Services), seek appropriate amendments under Sections 1915 and
7  1924 of the Social Security Act. The purpose of the amendments
8  shall be to extend eligibility for home and community based
9  services under Sections 1915 and 1924 of the Social Security
10  Act to persons who transfer to or for the benefit of a spouse
11  those amounts of income and resources allowed under Section
12  1924 of the Social Security Act. Subject to the approval of
13  such amendments, the Department shall extend the provisions of
14  Section 5-4 of the Illinois Public Aid Code to persons who, but
15  for the provision of home or community-based services, would
16  require the level of care provided in an institution, as is
17  provided for in federal law. Those persons no longer found to
18  be eligible for receiving noninstitutional services due to
19  changes in the eligibility criteria shall be given 45 days
20  notice prior to actual termination. Those persons receiving
21  notice of termination may contact the Department and request
22  the determination be appealed at any time during the 45 day
23  notice period. The target population identified for the
24  purposes of this Section are persons age 60 and older with an
25  identified service need. Priority shall be given to those who
26  are at imminent risk of institutionalization. The services

 

 

  HB3223 - 3 - LRB103 27714 KTG 54091 b


HB3223- 4 -LRB103 27714 KTG 54091 b   HB3223 - 4 - LRB103 27714 KTG 54091 b
  HB3223 - 4 - LRB103 27714 KTG 54091 b
1  shall be provided to eligible persons age 60 and older to the
2  extent that the cost of the services together with the other
3  personal maintenance expenses of the persons are reasonably
4  related to the standards established for care in a group
5  facility appropriate to the person's condition. These
6  non-institutional services, pilot projects or experimental
7  facilities may be provided as part of or in addition to those
8  authorized by federal law or those funded and administered by
9  the Department of Human Services. The Departments of Human
10  Services, Healthcare and Family Services, Public Health,
11  Veterans' Affairs, and Commerce and Economic Opportunity and
12  other appropriate agencies of State, federal and local
13  governments shall cooperate with the Department on Aging in
14  the establishment and development of the non-institutional
15  services. The Department shall require an annual audit from
16  all personal assistant and home care aide vendors contracting
17  with the Department under this Section. The annual audit shall
18  assure that each audited vendor's procedures are in compliance
19  with Department's financial reporting guidelines requiring an
20  administrative and employee wage and benefits cost split as
21  defined in administrative rules. The audit is a public record
22  under the Freedom of Information Act. The Department shall
23  execute, relative to the nursing home prescreening project,
24  written inter-agency agreements with the Department of Human
25  Services and the Department of Healthcare and Family Services,
26  to effect the following: (1) intake procedures and common

 

 

  HB3223 - 4 - LRB103 27714 KTG 54091 b


HB3223- 5 -LRB103 27714 KTG 54091 b   HB3223 - 5 - LRB103 27714 KTG 54091 b
  HB3223 - 5 - LRB103 27714 KTG 54091 b
1  eligibility criteria for those persons who are receiving
2  non-institutional services; and (2) the establishment and
3  development of non-institutional services in areas of the
4  State where they are not currently available or are
5  undeveloped. On and after July 1, 1996, all nursing home
6  prescreenings for individuals 60 years of age or older shall
7  be conducted by the Department.
8  As part of the Department on Aging's routine training of
9  case managers and case manager supervisors, the Department may
10  include information on family futures planning for persons who
11  are age 60 or older and who are caregivers of their adult
12  children with developmental disabilities. The content of the
13  training shall be at the Department's discretion.
14  The Department is authorized to establish a system of
15  recipient copayment for services provided under this Section,
16  such copayment to be based upon the recipient's ability to pay
17  but in no case to exceed the actual cost of the services
18  provided. Additionally, any portion of a person's income which
19  is equal to or less than the federal poverty standard shall not
20  be considered by the Department in determining the copayment.
21  The level of such copayment shall be adjusted whenever
22  necessary to reflect any change in the officially designated
23  federal poverty standard.
24  The Department, or the Department's authorized
25  representative, may recover the amount of moneys expended for
26  services provided to or in behalf of a person under this

 

 

  HB3223 - 5 - LRB103 27714 KTG 54091 b


HB3223- 6 -LRB103 27714 KTG 54091 b   HB3223 - 6 - LRB103 27714 KTG 54091 b
  HB3223 - 6 - LRB103 27714 KTG 54091 b
1  Section by a claim against the person's estate or against the
2  estate of the person's surviving spouse, but no recovery may
3  be had until after the death of the surviving spouse, if any,
4  and then only at such time when there is no surviving child who
5  is under age 21 or blind or who has a permanent and total
6  disability. This paragraph, however, shall not bar recovery,
7  at the death of the person, of moneys for services provided to
8  the person or in behalf of the person under this Section to
9  which the person was not entitled; provided that such recovery
10  shall not be enforced against any real estate while it is
11  occupied as a homestead by the surviving spouse or other
12  dependent, if no claims by other creditors have been filed
13  against the estate, or, if such claims have been filed, they
14  remain dormant for failure of prosecution or failure of the
15  claimant to compel administration of the estate for the
16  purpose of payment. This paragraph shall not bar recovery from
17  the estate of a spouse, under Sections 1915 and 1924 of the
18  Social Security Act and Section 5-4 of the Illinois Public Aid
19  Code, who precedes a person receiving services under this
20  Section in death. All moneys for services paid to or in behalf
21  of the person under this Section shall be claimed for recovery
22  from the deceased spouse's estate. "Homestead", as used in
23  this paragraph, means the dwelling house and contiguous real
24  estate occupied by a surviving spouse or relative, as defined
25  by the rules and regulations of the Department of Healthcare
26  and Family Services, regardless of the value of the property.

 

 

  HB3223 - 6 - LRB103 27714 KTG 54091 b


HB3223- 7 -LRB103 27714 KTG 54091 b   HB3223 - 7 - LRB103 27714 KTG 54091 b
  HB3223 - 7 - LRB103 27714 KTG 54091 b
1  The Department shall increase the effectiveness of the
2  existing Community Care Program by:
3  (1) ensuring that in-home services included in the
4  care plan are available on evenings and weekends;
5  (2) ensuring that care plans contain the services that
6  eligible participants need based on the number of days in
7  a month, not limited to specific blocks of time, as
8  identified by the comprehensive assessment tool selected
9  by the Department for use statewide, not to exceed the
10  total monthly service cost maximum allowed for each
11  service; the Department shall develop administrative rules
12  to implement this item (2);
13  (3) ensuring that the participants have the right to
14  choose the services contained in their care plan and to
15  direct how those services are provided, based on
16  administrative rules established by the Department;
17  (4) ensuring that the determination of need tool is
18  accurate in determining the participants' level of need;
19  to achieve this, the Department, in conjunction with the
20  Older Adult Services Advisory Committee, shall institute a
21  study of the relationship between the Determination of
22  Need scores, level of need, service cost maximums, and the
23  development and utilization of service plans no later than
24  May 1, 2008; findings and recommendations shall be
25  presented to the Governor and the General Assembly no
26  later than January 1, 2009; recommendations shall include

 

 

  HB3223 - 7 - LRB103 27714 KTG 54091 b


HB3223- 8 -LRB103 27714 KTG 54091 b   HB3223 - 8 - LRB103 27714 KTG 54091 b
  HB3223 - 8 - LRB103 27714 KTG 54091 b
1  all needed changes to the service cost maximums schedule
2  and additional covered services;
3  (5) ensuring that homemakers can provide personal care
4  services that may or may not involve contact with clients,
5  including but not limited to:
6  (A) bathing;
7  (B) grooming;
8  (C) toileting;
9  (D) nail care;
10  (E) transferring;
11  (F) respiratory services;
12  (G) exercise; or
13  (H) positioning;
14  (6) ensuring that homemaker program vendors are not
15  restricted from hiring homemakers who are family members
16  of clients or recommended by clients; the Department may
17  not, by rule or policy, require homemakers who are family
18  members of clients or recommended by clients to accept
19  assignments in homes other than the client;
20  (7) ensuring that the State may access maximum federal
21  matching funds by seeking approval for the Centers for
22  Medicare and Medicaid Services for modifications to the
23  State's home and community based services waiver and
24  additional waiver opportunities, including applying for
25  enrollment in the Balance Incentive Payment Program by May
26  1, 2013, in order to maximize federal matching funds; this

 

 

  HB3223 - 8 - LRB103 27714 KTG 54091 b


HB3223- 9 -LRB103 27714 KTG 54091 b   HB3223 - 9 - LRB103 27714 KTG 54091 b
  HB3223 - 9 - LRB103 27714 KTG 54091 b
1  shall include, but not be limited to, modification that
2  reflects all changes in the Community Care Program
3  services and all increases in the services cost maximum;
4  (8) ensuring that the determination of need tool
5  accurately reflects the service needs of individuals with
6  Alzheimer's disease and related dementia disorders;
7  (9) ensuring that services are authorized accurately
8  and consistently for the Community Care Program (CCP); the
9  Department shall implement a Service Authorization policy
10  directive; the purpose shall be to ensure that eligibility
11  and services are authorized accurately and consistently in
12  the CCP program; the policy directive shall clarify
13  service authorization guidelines to Care Coordination
14  Units and Community Care Program providers no later than
15  May 1, 2013;
16  (10) working in conjunction with Care Coordination
17  Units, the Department of Healthcare and Family Services,
18  the Department of Human Services, Community Care Program
19  providers, and other stakeholders to make improvements to
20  the Medicaid claiming processes and the Medicaid
21  enrollment procedures or requirements as needed,
22  including, but not limited to, specific policy changes or
23  rules to improve the up-front enrollment of participants
24  in the Medicaid program and specific policy changes or
25  rules to insure more prompt submission of bills to the
26  federal government to secure maximum federal matching

 

 

  HB3223 - 9 - LRB103 27714 KTG 54091 b


HB3223- 10 -LRB103 27714 KTG 54091 b   HB3223 - 10 - LRB103 27714 KTG 54091 b
  HB3223 - 10 - LRB103 27714 KTG 54091 b
1  dollars as promptly as possible; the Department on Aging
2  shall have at least 3 meetings with stakeholders by
3  January 1, 2014 in order to address these improvements;
4  (11) requiring home care service providers to comply
5  with the rounding of hours worked provisions under the
6  federal Fair Labor Standards Act (FLSA) and as set forth
7  in 29 CFR 785.48(b) by May 1, 2013;
8  (12) implementing any necessary policy changes or
9  promulgating any rules, no later than January 1, 2014, to
10  assist the Department of Healthcare and Family Services in
11  moving as many participants as possible, consistent with
12  federal regulations, into coordinated care plans if a care
13  coordination plan that covers long term care is available
14  in the recipient's area; and
15  (13) maintaining fiscal year 2014 rates at the same
16  level established on January 1, 2013.
17  By January 1, 2009 or as soon after the end of the Cash and
18  Counseling Demonstration Project as is practicable, the
19  Department may, based on its evaluation of the demonstration
20  project, promulgate rules concerning personal assistant
21  services, to include, but need not be limited to,
22  qualifications, employment screening, rights under fair labor
23  standards, training, fiduciary agent, and supervision
24  requirements. All applicants shall be subject to the
25  provisions of the Health Care Worker Background Check Act.
26  The Department shall develop procedures to enhance

 

 

  HB3223 - 10 - LRB103 27714 KTG 54091 b


HB3223- 11 -LRB103 27714 KTG 54091 b   HB3223 - 11 - LRB103 27714 KTG 54091 b
  HB3223 - 11 - LRB103 27714 KTG 54091 b
1  availability of services on evenings, weekends, and on an
2  emergency basis to meet the respite needs of caregivers.
3  Procedures shall be developed to permit the utilization of
4  services in successive blocks of 24 hours up to the monthly
5  maximum established by the Department. Workers providing these
6  services shall be appropriately trained.
7  Beginning on the effective date of this amendatory Act of
8  1991, no person may perform chore/housekeeping and home care
9  aide services under a program authorized by this Section
10  unless that person has been issued a certificate of
11  pre-service to do so by his or her employing agency.
12  Information gathered to effect such certification shall
13  include (i) the person's name, (ii) the date the person was
14  hired by his or her current employer, and (iii) the training,
15  including dates and levels. Persons engaged in the program
16  authorized by this Section before the effective date of this
17  amendatory Act of 1991 shall be issued a certificate of all
18  pre- and in-service training from his or her employer upon
19  submitting the necessary information. The employing agency
20  shall be required to retain records of all staff pre- and
21  in-service training, and shall provide such records to the
22  Department upon request and upon termination of the employer's
23  contract with the Department. In addition, the employing
24  agency is responsible for the issuance of certifications of
25  in-service training completed to their employees.
26  The Department is required to develop a system to ensure

 

 

  HB3223 - 11 - LRB103 27714 KTG 54091 b


HB3223- 12 -LRB103 27714 KTG 54091 b   HB3223 - 12 - LRB103 27714 KTG 54091 b
  HB3223 - 12 - LRB103 27714 KTG 54091 b
1  that persons working as home care aides and personal
2  assistants receive increases in their wages when the federal
3  minimum wage is increased by requiring vendors to certify that
4  they are meeting the federal minimum wage statute for home
5  care aides and personal assistants. An employer that cannot
6  ensure that the minimum wage increase is being given to home
7  care aides and personal assistants shall be denied any
8  increase in reimbursement costs.
9  The Community Care Program Advisory Committee is created
10  in the Department on Aging. The Director shall appoint
11  individuals to serve in the Committee, who shall serve at
12  their own expense. Members of the Committee must abide by all
13  applicable ethics laws. The Committee shall advise the
14  Department on issues related to the Department's program of
15  services to prevent unnecessary institutionalization. The
16  Committee shall meet on a bi-monthly basis and shall serve to
17  identify and advise the Department on present and potential
18  issues affecting the service delivery network, the program's
19  clients, and the Department and to recommend solution
20  strategies. Persons appointed to the Committee shall be
21  appointed on, but not limited to, their own and their agency's
22  experience with the program, geographic representation, and
23  willingness to serve. The Director shall appoint members to
24  the Committee to represent provider, advocacy, policy
25  research, and other constituencies committed to the delivery
26  of high quality home and community-based services to older

 

 

  HB3223 - 12 - LRB103 27714 KTG 54091 b


HB3223- 13 -LRB103 27714 KTG 54091 b   HB3223 - 13 - LRB103 27714 KTG 54091 b
  HB3223 - 13 - LRB103 27714 KTG 54091 b
1  adults. Representatives shall be appointed to ensure
2  representation from community care providers including, but
3  not limited to, adult day service providers, homemaker
4  providers, case coordination and case management units,
5  emergency home response providers, statewide trade or labor
6  unions that represent home care aides and direct care staff,
7  area agencies on aging, adults over age 60, membership
8  organizations representing older adults, and other
9  organizational entities, providers of care, or individuals
10  with demonstrated interest and expertise in the field of home
11  and community care as determined by the Director.
12  Nominations may be presented from any agency or State
13  association with interest in the program. The Director, or his
14  or her designee, shall serve as the permanent co-chair of the
15  advisory committee. One other co-chair shall be nominated and
16  approved by the members of the committee on an annual basis.
17  Committee members' terms of appointment shall be for 4 years
18  with one-quarter of the appointees' terms expiring each year.
19  A member shall continue to serve until his or her replacement
20  is named. The Department shall fill vacancies that have a
21  remaining term of over one year, and this replacement shall
22  occur through the annual replacement of expiring terms. The
23  Director shall designate Department staff to provide technical
24  assistance and staff support to the committee. Department
25  representation shall not constitute membership of the
26  committee. All Committee papers, issues, recommendations,

 

 

  HB3223 - 13 - LRB103 27714 KTG 54091 b


HB3223- 14 -LRB103 27714 KTG 54091 b   HB3223 - 14 - LRB103 27714 KTG 54091 b
  HB3223 - 14 - LRB103 27714 KTG 54091 b
1  reports, and meeting memoranda are advisory only. The
2  Director, or his or her designee, shall make a written report,
3  as requested by the Committee, regarding issues before the
4  Committee.
5  The Department on Aging and the Department of Human
6  Services shall cooperate in the development and submission of
7  an annual report on programs and services provided under this
8  Section. Such joint report shall be filed with the Governor
9  and the General Assembly on or before September 30 each year.
10  The requirement for reporting to the General Assembly
11  shall be satisfied by filing copies of the report as required
12  by Section 3.1 of the General Assembly Organization Act and
13  filing such additional copies with the State Government Report
14  Distribution Center for the General Assembly as is required
15  under paragraph (t) of Section 7 of the State Library Act.
16  Those persons previously found eligible for receiving
17  non-institutional services whose services were discontinued
18  under the Emergency Budget Act of Fiscal Year 1992, and who do
19  not meet the eligibility standards in effect on or after July
20  1, 1992, shall remain ineligible on and after July 1, 1992.
21  Those persons previously not required to cost-share and who
22  were required to cost-share effective March 1, 1992, shall
23  continue to meet cost-share requirements on and after July 1,
24  1992. Beginning July 1, 1992, all clients will be required to
25  meet eligibility, cost-share, and other requirements and will
26  have services discontinued or altered when they fail to meet

 

 

  HB3223 - 14 - LRB103 27714 KTG 54091 b


HB3223- 15 -LRB103 27714 KTG 54091 b   HB3223 - 15 - LRB103 27714 KTG 54091 b
  HB3223 - 15 - LRB103 27714 KTG 54091 b
1  these requirements.
2  For the purposes of this Section, "flexible senior
3  services" refers to services that require one-time or periodic
4  expenditures including, but not limited to, respite care, home
5  modification, assistive technology, housing assistance, and
6  transportation.
7  The Department shall implement an electronic service
8  verification based on global positioning systems or other
9  cost-effective technology for the Community Care Program no
10  later than January 1, 2014.
11  The Department shall require, as a condition of
12  eligibility, enrollment in the medical assistance program
13  under Article V of the Illinois Public Aid Code (i) beginning
14  August 1, 2013, if the Auditor General has reported that the
15  Department has failed to comply with the reporting
16  requirements of Section 2-27 of the Illinois State Auditing
17  Act; or (ii) beginning June 1, 2014, if the Auditor General has
18  reported that the Department has not undertaken the required
19  actions listed in the report required by subsection (a) of
20  Section 2-27 of the Illinois State Auditing Act.
21  The Department shall delay Community Care Program services
22  until an applicant is determined eligible for medical
23  assistance under Article V of the Illinois Public Aid Code (i)
24  beginning August 1, 2013, if the Auditor General has reported
25  that the Department has failed to comply with the reporting
26  requirements of Section 2-27 of the Illinois State Auditing

 

 

  HB3223 - 15 - LRB103 27714 KTG 54091 b


HB3223- 16 -LRB103 27714 KTG 54091 b   HB3223 - 16 - LRB103 27714 KTG 54091 b
  HB3223 - 16 - LRB103 27714 KTG 54091 b
1  Act; or (ii) beginning June 1, 2014, if the Auditor General has
2  reported that the Department has not undertaken the required
3  actions listed in the report required by subsection (a) of
4  Section 2-27 of the Illinois State Auditing Act.
5  The Department shall implement co-payments for the
6  Community Care Program at the federally allowable maximum
7  level (i) beginning August 1, 2013, if the Auditor General has
8  reported that the Department has failed to comply with the
9  reporting requirements of Section 2-27 of the Illinois State
10  Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
11  General has reported that the Department has not undertaken
12  the required actions listed in the report required by
13  subsection (a) of Section 2-27 of the Illinois State Auditing
14  Act.
15  The Department shall continue to provide other Community
16  Care Program reports as required by statute.
17  The Department shall conduct a quarterly review of Care
18  Coordination Unit performance and adherence to service
19  guidelines. The quarterly review shall be reported to the
20  Speaker of the House of Representatives, the Minority Leader
21  of the House of Representatives, the President of the Senate,
22  and the Minority Leader of the Senate. The Department shall
23  collect and report longitudinal data on the performance of
24  each care coordination unit. Nothing in this paragraph shall
25  be construed to require the Department to identify specific
26  care coordination units.

 

 

  HB3223 - 16 - LRB103 27714 KTG 54091 b


HB3223- 17 -LRB103 27714 KTG 54091 b   HB3223 - 17 - LRB103 27714 KTG 54091 b
  HB3223 - 17 - LRB103 27714 KTG 54091 b
1  In regard to community care providers, failure to comply
2  with Department on Aging policies shall be cause for
3  disciplinary action, including, but not limited to,
4  disqualification from serving Community Care Program clients.
5  Each provider, upon submission of any bill or invoice to the
6  Department for payment for services rendered, shall include a
7  notarized statement, under penalty of perjury pursuant to
8  Section 1-109 of the Code of Civil Procedure, that the
9  provider has complied with all Department policies.
10  The Director of the Department on Aging shall make
11  information available to the State Board of Elections as may
12  be required by an agreement the State Board of Elections has
13  entered into with a multi-state voter registration list
14  maintenance system.
15  Within 30 days after July 6, 2017 (the effective date of
16  Public Act 100-23), rates shall be increased to $18.29 per
17  hour, for the purpose of increasing, by at least $.72 per hour,
18  the wages paid by those vendors to their employees who provide
19  homemaker services. The Department shall pay an enhanced rate
20  under the Community Care Program to those in-home service
21  provider agencies that offer health insurance coverage as a
22  benefit to their direct service worker employees consistent
23  with the mandates of Public Act 95-713. For State fiscal years
24  2018 and 2019, the enhanced rate shall be $1.77 per hour. The
25  rate shall be adjusted using actuarial analysis based on the
26  cost of care, but shall not be set below $1.77 per hour. The

 

 

  HB3223 - 17 - LRB103 27714 KTG 54091 b


HB3223- 18 -LRB103 27714 KTG 54091 b   HB3223 - 18 - LRB103 27714 KTG 54091 b
  HB3223 - 18 - LRB103 27714 KTG 54091 b
1  Department shall adopt rules, including emergency rules under
2  subsections (y) and (bb) of Section 5-45 of the Illinois
3  Administrative Procedure Act, to implement the provisions of
4  this paragraph.
5  Within 30 days after the effective date of this amendatory
6  Act of the 103rd General Assembly, rates for adult day
7  services shall be increased to $16.84 per hour and rates for
8  each way transportation services for adult day services shall
9  be increased to $12.44 per unit transportation.
10  The General Assembly finds it necessary to authorize an
11  aggressive Medicaid enrollment initiative designed to maximize
12  federal Medicaid funding for the Community Care Program which
13  produces significant savings for the State of Illinois. The
14  Department on Aging shall establish and implement a Community
15  Care Program Medicaid Initiative. Under the Initiative, the
16  Department on Aging shall, at a minimum: (i) provide an
17  enhanced rate to adequately compensate care coordination units
18  to enroll eligible Community Care Program clients into
19  Medicaid; (ii) use recommendations from a stakeholder
20  committee on how best to implement the Initiative; and (iii)
21  establish requirements for State agencies to make enrollment
22  in the State's Medical Assistance program easier for seniors.
23  The Community Care Program Medicaid Enrollment Oversight
24  Subcommittee is created as a subcommittee of the Older Adult
25  Services Advisory Committee established in Section 35 of the
26  Older Adult Services Act to make recommendations on how best

 

 

  HB3223 - 18 - LRB103 27714 KTG 54091 b


HB3223- 19 -LRB103 27714 KTG 54091 b   HB3223 - 19 - LRB103 27714 KTG 54091 b
  HB3223 - 19 - LRB103 27714 KTG 54091 b
1  to increase the number of medical assistance recipients who
2  are enrolled in the Community Care Program. The Subcommittee
3  shall consist of all of the following persons who must be
4  appointed within 30 days after the effective date of this
5  amendatory Act of the 100th General Assembly:
6  (1) The Director of Aging, or his or her designee, who
7  shall serve as the chairperson of the Subcommittee.
8  (2) One representative of the Department of Healthcare
9  and Family Services, appointed by the Director of
10  Healthcare and Family Services.
11  (3) One representative of the Department of Human
12  Services, appointed by the Secretary of Human Services.
13  (4) One individual representing a care coordination
14  unit, appointed by the Director of Aging.
15  (5) One individual from a non-governmental statewide
16  organization that advocates for seniors, appointed by the
17  Director of Aging.
18  (6) One individual representing Area Agencies on
19  Aging, appointed by the Director of Aging.
20  (7) One individual from a statewide association
21  dedicated to Alzheimer's care, support, and research,
22  appointed by the Director of Aging.
23  (8) One individual from an organization that employs
24  persons who provide services under the Community Care
25  Program, appointed by the Director of Aging.
26  (9) One member of a trade or labor union representing

 

 

  HB3223 - 19 - LRB103 27714 KTG 54091 b


HB3223- 20 -LRB103 27714 KTG 54091 b   HB3223 - 20 - LRB103 27714 KTG 54091 b
  HB3223 - 20 - LRB103 27714 KTG 54091 b
1  persons who provide services under the Community Care
2  Program, appointed by the Director of Aging.
3  (10) One member of the Senate, who shall serve as
4  co-chairperson, appointed by the President of the Senate.
5  (11) One member of the Senate, who shall serve as
6  co-chairperson, appointed by the Minority Leader of the
7  Senate.
8  (12) One member of the House of Representatives, who
9  shall serve as co-chairperson, appointed by the Speaker of
10  the House of Representatives.
11  (13) One member of the House of Representatives, who
12  shall serve as co-chairperson, appointed by the Minority
13  Leader of the House of Representatives.
14  (14) One individual appointed by a labor organization
15  representing frontline employees at the Department of
16  Human Services.
17  The Subcommittee shall provide oversight to the Community
18  Care Program Medicaid Initiative and shall meet quarterly. At
19  each Subcommittee meeting the Department on Aging shall
20  provide the following data sets to the Subcommittee: (A) the
21  number of Illinois residents, categorized by planning and
22  service area, who are receiving services under the Community
23  Care Program and are enrolled in the State's Medical
24  Assistance Program; (B) the number of Illinois residents,
25  categorized by planning and service area, who are receiving
26  services under the Community Care Program, but are not

 

 

  HB3223 - 20 - LRB103 27714 KTG 54091 b


HB3223- 21 -LRB103 27714 KTG 54091 b   HB3223 - 21 - LRB103 27714 KTG 54091 b
  HB3223 - 21 - LRB103 27714 KTG 54091 b
1  enrolled in the State's Medical Assistance Program; and (C)
2  the number of Illinois residents, categorized by planning and
3  service area, who are receiving services under the Community
4  Care Program and are eligible for benefits under the State's
5  Medical Assistance Program, but are not enrolled in the
6  State's Medical Assistance Program. In addition to this data,
7  the Department on Aging shall provide the Subcommittee with
8  plans on how the Department on Aging will reduce the number of
9  Illinois residents who are not enrolled in the State's Medical
10  Assistance Program but who are eligible for medical assistance
11  benefits. The Department on Aging shall enroll in the State's
12  Medical Assistance Program those Illinois residents who
13  receive services under the Community Care Program and are
14  eligible for medical assistance benefits but are not enrolled
15  in the State's Medicaid Assistance Program. The data provided
16  to the Subcommittee shall be made available to the public via
17  the Department on Aging's website.
18  The Department on Aging, with the involvement of the
19  Subcommittee, shall collaborate with the Department of Human
20  Services and the Department of Healthcare and Family Services
21  on how best to achieve the responsibilities of the Community
22  Care Program Medicaid Initiative.
23  The Department on Aging, the Department of Human Services,
24  and the Department of Healthcare and Family Services shall
25  coordinate and implement a streamlined process for seniors to
26  access benefits under the State's Medical Assistance Program.

 

 

  HB3223 - 21 - LRB103 27714 KTG 54091 b


HB3223- 22 -LRB103 27714 KTG 54091 b   HB3223 - 22 - LRB103 27714 KTG 54091 b
  HB3223 - 22 - LRB103 27714 KTG 54091 b
1  The Subcommittee shall collaborate with the Department of
2  Human Services on the adoption of a uniform application
3  submission process. The Department of Human Services and any
4  other State agency involved with processing the medical
5  assistance application of any person enrolled in the Community
6  Care Program shall include the appropriate care coordination
7  unit in all communications related to the determination or
8  status of the application.
9  The Community Care Program Medicaid Initiative shall
10  provide targeted funding to care coordination units to help
11  seniors complete their applications for medical assistance
12  benefits. On and after July 1, 2019, care coordination units
13  shall receive no less than $200 per completed application,
14  which rate may be included in a bundled rate for initial intake
15  services when Medicaid application assistance is provided in
16  conjunction with the initial intake process for new program
17  participants.
18  The Community Care Program Medicaid Initiative shall cease
19  operation 5 years after the effective date of this amendatory
20  Act of the 100th General Assembly, after which the
21  Subcommittee shall dissolve.
22  (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
23  Section 99. Effective date. This Act takes effect upon
24  becoming law.

 

 

  HB3223 - 22 - LRB103 27714 KTG 54091 b