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