Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4245 Introduced / Bill

Filed 11/29/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4245 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new Amends the Illinois Act on Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes. LRB103 35331 KTG 65390 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4245 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:  20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11  20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02  20 ILCS 105/5.03 new  Amends the Illinois Act on Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.  LRB103 35331 KTG 65390 b     LRB103 35331 KTG 65390 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4245 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11  20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02  20 ILCS 105/5.03 new
20 ILCS 105/3.11
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 105/4.02
20 ILCS 105/5.03 new
Amends the Illinois Act on Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.
LRB103 35331 KTG 65390 b     LRB103 35331 KTG 65390 b
    LRB103 35331 KTG 65390 b
A BILL FOR
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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 Sections 3.11, 4.01, and 4.02 and by adding Section
6  5.03 as follows:
7  (20 ILCS 105/3.11)
8  Sec. 3.11. Greatest social need. "Greatest For the
9  purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
10  means the need caused by noneconomic factors that restrict an
11  individual's ability to perform normal daily tasks or that
12  threaten his or her capacity to live independently. These
13  factors include, but are not limited to, physical or mental
14  disability, language barriers, and cultural or social
15  isolation caused by, among other things, racial and ethnic
16  status, sexual orientation, gender identity, gender
17  expression, or HIV status.
18  (Source: P.A. 101-325, eff. 8-9-19.)
19  (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
20  Sec. 4.01. Additional powers and duties of the Department.
21  In addition to powers and duties otherwise provided by law,
22  the Department shall have the following powers and duties:

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4245 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11  20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02  20 ILCS 105/5.03 new
20 ILCS 105/3.11
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 105/4.02
20 ILCS 105/5.03 new
Amends the Illinois Act on Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.
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    LRB103 35331 KTG 65390 b
A BILL FOR

 

 

20 ILCS 105/3.11
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 105/4.02
20 ILCS 105/5.03 new



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1  (1) To evaluate all programs, services, and facilities for
2  the aged and for minority senior citizens within the State and
3  determine the extent to which present public or private
4  programs, services and facilities meet the needs of the aged.
5  (2) To coordinate and evaluate all programs, services, and
6  facilities for the Aging and for minority senior citizens
7  presently furnished by State agencies and make appropriate
8  recommendations regarding such services, programs and
9  facilities to the Governor and/or the General Assembly.
10  (2-a) To request, receive, and share information
11  electronically through the use of data-sharing agreements for
12  the purpose of (i) establishing and verifying the initial and
13  continuing eligibility of older adults to participate in
14  programs administered by the Department; (ii) maximizing
15  federal financial participation in State assistance
16  expenditures; and (iii) investigating allegations of fraud or
17  other abuse of publicly funded benefits. Notwithstanding any
18  other law to the contrary, but only for the limited purposes
19  identified in the preceding sentence, this paragraph (2-a)
20  expressly authorizes the exchanges of income, identification,
21  and other pertinent eligibility information by and among the
22  Department and the Social Security Administration, the
23  Department of Employment Security, the Department of
24  Healthcare and Family Services, the Department of Human
25  Services, the Department of Revenue, the Secretary of State,
26  the U.S. Department of Veterans Affairs, and any other

 

 

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1  governmental entity. The confidentiality of information
2  otherwise shall be maintained as required by law. In addition,
3  the Department on Aging shall verify employment information at
4  the request of a community care provider for the purpose of
5  ensuring program integrity under the Community Care Program.
6  (3) To function as the sole State agency to develop a
7  comprehensive plan to meet the needs of the State's senior
8  citizens and the State's minority senior citizens.
9  (4) To receive and disburse State and federal funds made
10  available directly to the Department including those funds
11  made available under the Older Americans Act and the Senior
12  Community Service Employment Program for providing services
13  for senior citizens and minority senior citizens or for
14  purposes related thereto, and shall develop and administer any
15  State Plan for the Aging required by federal law.
16  (5) To solicit, accept, hold, and administer in behalf of
17  the State any grants or legacies of money, securities, or
18  property to the State of Illinois for services to senior
19  citizens and minority senior citizens or purposes related
20  thereto.
21  (6) To provide consultation and assistance to communities,
22  area agencies on aging, and groups developing local services
23  for senior citizens and minority senior citizens.
24  (7) To promote community education regarding the problems
25  of senior citizens and minority senior citizens through
26  institutes, publications, radio, television and the local

 

 

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1  press.
2  (8) To cooperate with agencies of the federal government
3  in studies and conferences designed to examine the needs of
4  senior citizens and minority senior citizens and to prepare
5  programs and facilities to meet those needs.
6  (9) To establish and maintain information and referral
7  sources throughout the State when not provided by other
8  agencies.
9  (10) To provide the staff support that may reasonably be
10  required by the Council.
11  (11) To make and enforce rules and regulations necessary
12  and proper to the performance of its duties.
13  (12) To establish and fund programs or projects or
14  experimental facilities that are specially designed as
15  alternatives to institutional care.
16  (13) To develop a training program to train the counselors
17  presently employed by the Department's aging network to
18  provide Medicare beneficiaries with counseling and advocacy in
19  Medicare, private health insurance, and related health care
20  coverage plans. The Department shall report to the General
21  Assembly on the implementation of the training program on or
22  before December 1, 1986.
23  (14) To make a grant to an institution of higher learning
24  to study the feasibility of establishing and implementing an
25  affirmative action employment plan for the recruitment,
26  hiring, training and retraining of persons 60 or more years

 

 

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1  old for jobs for which their employment would not be precluded
2  by law.
3  (15) To present one award annually in each of the
4  categories of community service, education, the performance
5  and graphic arts, and the labor force to outstanding Illinois
6  senior citizens and minority senior citizens in recognition of
7  their individual contributions to either community service,
8  education, the performance and graphic arts, or the labor
9  force. The awards shall be presented to 4 senior citizens and
10  minority senior citizens selected from a list of 44 nominees
11  compiled annually by the Department. Nominations shall be
12  solicited from senior citizens' service providers, area
13  agencies on aging, senior citizens' centers, and senior
14  citizens' organizations. If there are no nominations in a
15  category, the Department may award a second person in one of
16  the remaining categories. The Department shall establish a
17  central location within the State to be designated as the
18  Senior Illinoisans Hall of Fame for the public display of all
19  the annual awards, or replicas thereof.
20  (16) To establish multipurpose senior centers through area
21  agencies on aging and to fund those new and existing
22  multipurpose senior centers through area agencies on aging,
23  the establishment and funding to begin in such areas of the
24  State as the Department shall designate by rule and as
25  specifically appropriated funds become available.
26  (17) (Blank).

 

 

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1  (18) To develop a pamphlet in English and Spanish which
2  may be used by physicians licensed to practice medicine in all
3  of its branches pursuant to the Medical Practice Act of 1987,
4  pharmacists licensed pursuant to the Pharmacy Practice Act,
5  and Illinois residents 65 years of age or older for the purpose
6  of assisting physicians, pharmacists, and patients in
7  monitoring prescriptions provided by various physicians and to
8  aid persons 65 years of age or older in complying with
9  directions for proper use of pharmaceutical prescriptions. The
10  pamphlet may provide space for recording information including
11  but not limited to the following:
12  (a) name and telephone number of the patient;
13  (b) name and telephone number of the prescribing
14  physician;
15  (c) date of prescription;
16  (d) name of drug prescribed;
17  (e) directions for patient compliance; and
18  (f) name and telephone number of dispensing pharmacy.
19  In developing the pamphlet, the Department shall consult
20  with the Illinois State Medical Society, the Center for
21  Minority Health Services, the Illinois Pharmacists Association
22  and senior citizens organizations. The Department shall
23  distribute the pamphlets to physicians, pharmacists and
24  persons 65 years of age or older or various senior citizen
25  organizations throughout the State.
26  (19) To conduct a study of the feasibility of implementing

 

 

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1  the Senior Companion Program throughout the State.
2  (20) The reimbursement rates paid through the community
3  care program for chore housekeeping services and home care
4  aides shall be the same.
5  (21) From funds appropriated to the Department from the
6  Meals on Wheels Fund, a special fund in the State treasury that
7  is hereby created, and in accordance with State and federal
8  guidelines and the intrastate funding formula, to make grants
9  to area agencies on aging, designated by the Department, for
10  the sole purpose of delivering meals to homebound persons 60
11  years of age and older.
12  (22) To distribute, through its area agencies on aging,
13  information alerting seniors on safety issues regarding
14  emergency weather conditions, including extreme heat and cold,
15  flooding, tornadoes, electrical storms, and other severe storm
16  weather. The information shall include all necessary
17  instructions for safety and all emergency telephone numbers of
18  organizations that will provide additional information and
19  assistance.
20  (23) To develop guidelines for the organization and
21  implementation of Volunteer Services Credit Programs to be
22  administered by Area Agencies on Aging or community based
23  senior service organizations. The Department shall hold public
24  hearings on the proposed guidelines for public comment,
25  suggestion, and determination of public interest. The
26  guidelines shall be based on the findings of other states and

 

 

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1  of community organizations in Illinois that are currently
2  operating volunteer services credit programs or demonstration
3  volunteer services credit programs. The Department shall offer
4  guidelines for all aspects of the programs including, but not
5  limited to, the following:
6  (a) types of services to be offered by volunteers;
7  (b) types of services to be received upon the
8  redemption of service credits;
9  (c) issues of liability for the volunteers and the
10  administering organizations;
11  (d) methods of tracking service credits earned and
12  service credits redeemed;
13  (e) issues of time limits for redemption of service
14  credits;
15  (f) methods of recruitment of volunteers;
16  (g) utilization of community volunteers, community
17  service groups, and other resources for delivering
18  services to be received by service credit program clients;
19  (h) accountability and assurance that services will be
20  available to individuals who have earned service credits;
21  and
22  (i) volunteer screening and qualifications.
23  The Department shall submit a written copy of the guidelines
24  to the General Assembly by July 1, 1998.
25  (24) To function as the sole State agency to receive and
26  disburse State and federal funds for providing adult

 

 

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1  protective services in a domestic living situation in
2  accordance with the Adult Protective Services Act.
3  (25) To hold conferences, trainings, and other programs
4  for which the Department shall determine by rule a reasonable
5  fee to cover related administrative costs. Rules to implement
6  the fee authority granted by this paragraph (25) must be
7  adopted in accordance with all provisions of the Illinois
8  Administrative Procedure Act and all rules and procedures of
9  the Joint Committee on Administrative Rules; any purported
10  rule not so adopted, for whatever reason, is unauthorized.
11  (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
12  eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
13  (20 ILCS 105/4.02)
14  (Text of Section after amendment by P.A. 103-102)
15  Sec. 4.02. Community Care Program. The Department shall
16  establish a program of services to prevent unnecessary
17  institutionalization of persons age 60 and older in need of
18  long term care or who are established as persons who suffer
19  from Alzheimer's disease or a related disorder under the
20  Alzheimer's Disease Assistance Act, thereby enabling them to
21  remain in their own homes or in other living arrangements.
22  Such preventive services, which may be coordinated with other
23  programs for the aged and monitored by area agencies on aging
24  in cooperation with the Department, may include, but are not
25  limited to, any or all of the following:

 

 

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1  (a) (blank);
2  (b) (blank);
3  (c) home care aide services;
4  (d) personal assistant services;
5  (e) adult day services;
6  (f) home-delivered meals;
7  (g) education in self-care;
8  (h) personal care services;
9  (i) adult day health services;
10  (j) habilitation services;
11  (k) respite care;
12  (k-5) community reintegration services;
13  (k-6) flexible senior services;
14  (k-7) medication management;
15  (k-8) emergency home response;
16  (l) other nonmedical social services that may enable
17  the person to become self-supporting; or
18  (m) (blank). clearinghouse for information provided by
19  senior citizen home owners who want to rent rooms to or
20  share living space with other senior citizens.
21  The Department shall establish eligibility standards for
22  such services. In determining the amount and nature of
23  services for which a person may qualify, consideration shall
24  not be given to the value of cash, property, or other assets
25  held in the name of the person's spouse pursuant to a written
26  agreement dividing marital property into equal but separate

 

 

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1  shares or pursuant to a transfer of the person's interest in a
2  home to his spouse, provided that the spouse's share of the
3  marital property is not made available to the person seeking
4  such services.
5  The Beginning January 1, 2008, the Department shall
6  require as a condition of eligibility that all new financially
7  eligible applicants apply for and enroll in medical assistance
8  under Article V of the Illinois Public Aid Code in accordance
9  with rules promulgated by the Department.
10  The Department shall, in conjunction with the Department
11  of Public Aid (now Department of Healthcare and Family
12  Services), seek appropriate amendments under Sections 1915 and
13  1924 of the Social Security Act. The purpose of the amendments
14  shall be to extend eligibility for home and community based
15  services under Sections 1915 and 1924 of the Social Security
16  Act to persons who transfer to or for the benefit of a spouse
17  those amounts of income and resources allowed under Section
18  1924 of the Social Security Act. Subject to the approval of
19  such amendments, the Department shall extend the provisions of
20  Section 5-4 of the Illinois Public Aid Code to persons who, but
21  for the provision of home or community-based services, would
22  require the level of care provided in an institution, as is
23  provided for in federal law. Those persons no longer found to
24  be eligible for receiving noninstitutional services due to
25  changes in the eligibility criteria shall be given 45 days
26  notice prior to actual termination. Those persons receiving

 

 

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1  notice of termination may contact the Department and request
2  the determination be appealed at any time during the 45 day
3  notice period. The target population identified for the
4  purposes of this Section are persons age 60 and older with an
5  identified service need. Priority shall be given to those who
6  are at imminent risk of institutionalization. The services
7  shall be provided to eligible persons age 60 and older to the
8  extent that the cost of the services together with the other
9  personal maintenance expenses of the persons are reasonably
10  related to the standards established for care in a group
11  facility appropriate to the person's condition. These
12  non-institutional services, pilot projects, or experimental
13  facilities may be provided as part of or in addition to those
14  authorized by federal law or those funded and administered by
15  the Department of Human Services. The Departments of Human
16  Services, Healthcare and Family Services, Public Health,
17  Veterans' Affairs, and Commerce and Economic Opportunity and
18  other appropriate agencies of State, federal, and local
19  governments shall cooperate with the Department on Aging in
20  the establishment and development of the non-institutional
21  services. The Department shall require an annual audit from
22  all personal assistant and home care aide vendors contracting
23  with the Department under this Section. The annual audit shall
24  assure that each audited vendor's procedures are in compliance
25  with Department's financial reporting guidelines requiring an
26  administrative and employee wage and benefits cost split as

 

 

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1  defined in administrative rules. The audit is a public record
2  under the Freedom of Information Act. The Department shall
3  execute, relative to the nursing home prescreening project,
4  written inter-agency agreements with the Department of Human
5  Services and the Department of Healthcare and Family Services,
6  to effect the following: (1) intake procedures and common
7  eligibility criteria for those persons who are receiving
8  non-institutional services; and (2) the establishment and
9  development of non-institutional services in areas of the
10  State where they are not currently available or are
11  undeveloped. On and after July 1, 1996, all nursing home
12  prescreenings for individuals 60 years of age or older shall
13  be conducted by the Department.
14  As part of the Department on Aging's routine training of
15  case managers and case manager supervisors, the Department may
16  include information on family futures planning for persons who
17  are age 60 or older and who are caregivers of their adult
18  children with developmental disabilities. The content of the
19  training shall be at the Department's discretion.
20  The Department is authorized to establish a system of
21  recipient copayment for services provided under this Section,
22  such copayment to be based upon the recipient's ability to pay
23  but in no case to exceed the actual cost of the services
24  provided. Additionally, any portion of a person's income which
25  is equal to or less than the federal poverty standard shall not
26  be considered by the Department in determining the copayment.

 

 

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1  The level of such copayment shall be adjusted whenever
2  necessary to reflect any change in the officially designated
3  federal poverty standard.
4  The Department, or the Department's authorized
5  representative, may recover the amount of moneys expended for
6  services provided to or in behalf of a person under this
7  Section by a claim against the person's estate or against the
8  estate of the person's surviving spouse, but no recovery may
9  be had until after the death of the surviving spouse, if any,
10  and then only at such time when there is no surviving child who
11  is under age 21 or blind or who has a permanent and total
12  disability. This paragraph, however, shall not bar recovery,
13  at the death of the person, of moneys for services provided to
14  the person or in behalf of the person under this Section to
15  which the person was not entitled; provided that such recovery
16  shall not be enforced against any real estate while it is
17  occupied as a homestead by the surviving spouse or other
18  dependent, if no claims by other creditors have been filed
19  against the estate, or, if such claims have been filed, they
20  remain dormant for failure of prosecution or failure of the
21  claimant to compel administration of the estate for the
22  purpose of payment. This paragraph shall not bar recovery from
23  the estate of a spouse, under Sections 1915 and 1924 of the
24  Social Security Act and Section 5-4 of the Illinois Public Aid
25  Code, who precedes a person receiving services under this
26  Section in death. All moneys for services paid to or in behalf

 

 

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1  of the person under this Section shall be claimed for recovery
2  from the deceased spouse's estate. "Homestead", as used in
3  this paragraph, means the dwelling house and contiguous real
4  estate occupied by a surviving spouse or relative, as defined
5  by the rules and regulations of the Department of Healthcare
6  and Family Services, regardless of the value of the property.
7  The Department shall increase the effectiveness of the
8  existing Community Care Program by:
9  (1) ensuring that in-home services included in the
10  care plan are available on evenings and weekends;
11  (2) ensuring that care plans contain the services that
12  eligible participants need based on the number of days in
13  a month, not limited to specific blocks of time, as
14  identified by the comprehensive assessment tool selected
15  by the Department for use statewide, not to exceed the
16  total monthly service cost maximum allowed for each
17  service; the Department shall develop administrative rules
18  to implement this item (2);
19  (3) ensuring that the participants have the right to
20  choose the services contained in their care plan and to
21  direct how those services are provided, based on
22  administrative rules established by the Department;
23  (4) (blank); ensuring that the determination of need
24  tool is accurate in determining the participants' level of
25  need; to achieve this, the Department, in conjunction with
26  the Older Adult Services Advisory Committee, shall

 

 

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1  institute a study of the relationship between the
2  Determination of Need scores, level of need, service cost
3  maximums, and the development and utilization of service
4  plans no later than May 1, 2008; findings and
5  recommendations shall be presented to the Governor and the
6  General Assembly no later than January 1, 2009;
7  recommendations shall include all needed changes to the
8  service cost maximums schedule and additional covered
9  services;
10  (5) ensuring that homemakers can provide personal care
11  services that may or may not involve contact with clients,
12  including, but not limited to:
13  (A) bathing;
14  (B) grooming;
15  (C) toileting;
16  (D) nail care;
17  (E) transferring;
18  (F) respiratory services;
19  (G) exercise; or
20  (H) positioning;
21  (6) ensuring that homemaker program vendors are not
22  restricted from hiring homemakers who are family members
23  of clients or recommended by clients; the Department may
24  not, by rule or policy, require homemakers who are family
25  members of clients or recommended by clients to accept
26  assignments in homes other than the client;

 

 

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1  (7) ensuring that the State may access maximum federal
2  matching funds by seeking approval for the Centers for
3  Medicare and Medicaid Services for modifications to the
4  State's home and community based services waiver and
5  additional waiver opportunities, including applying for
6  enrollment in the Balance Incentive Payment Program by May
7  1, 2013, in order to maximize federal matching funds; this
8  shall include, but not be limited to, modification that
9  reflects all changes in the Community Care Program
10  services and all increases in the services cost maximum;
11  (8) ensuring that the determination of need tool
12  accurately reflects the service needs of individuals with
13  Alzheimer's disease and related dementia disorders;
14  (9) ensuring that services are authorized accurately
15  and consistently for the Community Care Program (CCP); the
16  Department shall implement a Service Authorization policy
17  directive; the purpose shall be to ensure that eligibility
18  and services are authorized accurately and consistently in
19  the CCP program; the policy directive shall clarify
20  service authorization guidelines to Care Coordination
21  Units and Community Care Program providers no later than
22  May 1, 2013;
23  (10) working in conjunction with Care Coordination
24  Units, the Department of Healthcare and Family Services,
25  the Department of Human Services, Community Care Program
26  providers, and other stakeholders to make improvements to

 

 

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1  the Medicaid claiming processes and the Medicaid
2  enrollment procedures or requirements as needed,
3  including, but not limited to, specific policy changes or
4  rules to improve the up-front enrollment of participants
5  in the Medicaid program and specific policy changes or
6  rules to insure more prompt submission of bills to the
7  federal government to secure maximum federal matching
8  dollars as promptly as possible; the Department on Aging
9  shall have at least 3 meetings with stakeholders by
10  January 1, 2014 in order to address these improvements;
11  (11) requiring home care service providers to comply
12  with the rounding of hours worked provisions under the
13  federal Fair Labor Standards Act (FLSA) and as set forth
14  in 29 CFR 785.48(b) by May 1, 2013;
15  (12) implementing any necessary policy changes or
16  promulgating any rules, no later than January 1, 2014, to
17  assist the Department of Healthcare and Family Services in
18  moving as many participants as possible, consistent with
19  federal regulations, into coordinated care plans if a care
20  coordination plan that covers long term care is available
21  in the recipient's area; and
22  (13) (blank). maintaining fiscal year 2014 rates at
23  the same level established on January 1, 2013.
24  By January 1, 2009 or as soon after the end of the Cash and
25  Counseling Demonstration Project as is practicable, the
26  Department may, based on its evaluation of the demonstration

 

 

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1  project, promulgate rules concerning personal assistant
2  services, to include, but need not be limited to,
3  qualifications, employment screening, rights under fair labor
4  standards, training, fiduciary agent, and supervision
5  requirements. All applicants shall be subject to the
6  provisions of the Health Care Worker Background Check Act.
7  The Department shall develop procedures to enhance
8  availability of services on evenings, weekends, and on an
9  emergency basis to meet the respite needs of caregivers.
10  Procedures shall be developed to permit the utilization of
11  services in successive blocks of 24 hours up to the monthly
12  maximum established by the Department. Workers providing these
13  services shall be appropriately trained.
14  No Beginning on the effective date of this amendatory Act
15  of 1991, no person may perform chore/housekeeping and home
16  care aide services under a program authorized by this Section
17  unless that person has been issued a certificate of
18  pre-service to do so by his or her employing agency.
19  Information gathered to effect such certification shall
20  include (i) the person's name, (ii) the date the person was
21  hired by his or her current employer, and (iii) the training,
22  including dates and levels. Persons engaged in the program
23  authorized by this Section before the effective date of this
24  amendatory Act of 1991 shall be issued a certificate of all
25  pre-service pre- and in-service training from his or her
26  employer upon submitting the necessary information. The

 

 

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1  employing agency shall be required to retain records of all
2  staff pre-service pre- and in-service training, and shall
3  provide such records to the Department upon request and upon
4  termination of the employer's contract with the Department. In
5  addition, the employing agency is responsible for the issuance
6  of certifications of in-service training completed to their
7  employees as well as paying wages to the in-home workers for
8  pre-service and in-service training.
9  The Department is required to develop a system to ensure
10  that persons working as home care aides and personal
11  assistants receive increases in their wages when the federal
12  minimum wage is increased by requiring vendors to certify that
13  they are meeting the federal minimum wage statute for home
14  care aides and personal assistants. An employer that cannot
15  ensure that the minimum wage increase is being given to home
16  care aides and personal assistants shall be denied any
17  increase in reimbursement costs.
18  The Community Care Program Advisory Committee is created
19  in the Department on Aging. The Director shall appoint
20  individuals to serve in the Committee, who shall serve at
21  their own expense. Members of the Committee must abide by all
22  applicable ethics laws. The Committee shall advise the
23  Department on issues related to the Department's program of
24  services to prevent unnecessary institutionalization. The
25  Committee shall meet on a bi-monthly basis and shall serve to
26  identify and advise the Department on present and potential

 

 

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1  issues affecting the service delivery network, the program's
2  clients, and the Department and to recommend solution
3  strategies. Persons appointed to the Committee shall be
4  appointed on, but not limited to, their own and their agency's
5  experience with the program, geographic representation, and
6  willingness to serve. The Director shall appoint members to
7  the Committee to represent provider, advocacy, policy
8  research, and other constituencies committed to the delivery
9  of high quality home and community-based services to older
10  adults. Representatives shall be appointed to ensure
11  representation from community care providers, including, but
12  not limited to, adult day service providers, homemaker
13  providers, case coordination and case management units,
14  emergency home response providers, statewide trade or labor
15  unions that represent home care aides and direct care staff,
16  area agencies on aging, adults over age 60, membership
17  organizations representing older adults, and other
18  organizational entities, providers of care, or individuals
19  with demonstrated interest and expertise in the field of home
20  and community care as determined by the Director.
21  Nominations may be presented from any agency or State
22  association with interest in the program. The Director, or his
23  or her designee, shall serve as the permanent co-chair of the
24  advisory committee. One other co-chair shall be nominated and
25  approved by the members of the committee on an annual basis.
26  Committee members' terms of appointment shall be for 4 years

 

 

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1  with one-quarter of the appointees' terms expiring each year.
2  A member shall continue to serve until his or her replacement
3  is named. The Department shall fill vacancies that have a
4  remaining term of over one year, and this replacement shall
5  occur through the annual replacement of expiring terms. The
6  Director shall designate Department staff to provide technical
7  assistance and staff support to the committee. Department
8  representation shall not constitute membership of the
9  committee. All Committee papers, issues, recommendations,
10  reports, and meeting memoranda are advisory only. The
11  Director, or his or her designee, shall make a written report,
12  as requested by the Committee, regarding issues before the
13  Committee.
14  The Department on Aging and the Department of Human
15  Services shall cooperate in the development and submission of
16  an annual report on programs and services provided under this
17  Section. Such joint report shall be filed with the Governor
18  and the General Assembly on or before March 31 of the following
19  fiscal year.
20  The requirement for reporting to the General Assembly
21  shall be satisfied by filing copies of the report as required
22  by Section 3.1 of the General Assembly Organization Act and
23  filing such additional copies with the State Government Report
24  Distribution Center for the General Assembly as is required
25  under paragraph (t) of Section 7 of the State Library Act.
26  Those persons previously found eligible for receiving

 

 

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1  non-institutional services whose services were discontinued
2  under the Emergency Budget Act of Fiscal Year 1992, and who do
3  not meet the eligibility standards in effect on or after July
4  1, 1992, shall remain ineligible on and after July 1, 1992.
5  Those persons previously not required to cost-share and who
6  were required to cost-share effective March 1, 1992, shall
7  continue to meet cost-share requirements on and after July 1,
8  1992. Beginning July 1, 1992, all clients will be required to
9  meet eligibility, cost-share, and other requirements and will
10  have services discontinued or altered when they fail to meet
11  these requirements.
12  For the purposes of this Section, "flexible senior
13  services" refers to services that require one-time or periodic
14  expenditures, including, but not limited to, respite care,
15  home modification, assistive technology, housing assistance,
16  and transportation.
17  The Department shall implement an electronic service
18  verification based on global positioning systems or other
19  cost-effective technology for the Community Care Program no
20  later than January 1, 2014.
21  The Department shall require, as a condition of
22  eligibility, application for enrollment in the medical
23  assistance program under Article V of the Illinois Public Aid
24  Code (i) beginning August 1, 2013, if the Auditor General has
25  reported that the Department has failed to comply with the
26  reporting requirements of Section 2-27 of the Illinois State

 

 

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1  Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
2  General has reported that the Department has not undertaken
3  the required actions listed in the report required by
4  subsection (a) of Section 2-27 of the Illinois State Auditing
5  Act.
6  The Department may authorize shall delay Community Care
7  Program services until an applicant is determined eligible for
8  medical assistance under Article V of the Illinois Public Aid
9  Code (i) beginning August 1, 2013, if the Auditor General has
10  reported that the Department has failed to comply with the
11  reporting requirements of Section 2-27 of the Illinois State
12  Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
13  General has reported that the Department has not undertaken
14  the required actions listed in the report required by
15  subsection (a) of Section 2-27 of the Illinois State Auditing
16  Act.
17  The Department shall implement co-payments for the
18  Community Care Program at the federally allowable maximum
19  level (i) beginning August 1, 2013, if the Auditor General has
20  reported that the Department has failed to comply with the
21  reporting requirements of Section 2-27 of the Illinois State
22  Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
23  General has reported that the Department has not undertaken
24  the required actions listed in the report required by
25  subsection (a) of Section 2-27 of the Illinois State Auditing
26  Act.

 

 

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1  The Department shall continue to provide other Community
2  Care Program reports as required by statute, which shall
3  include an annual report on Care Coordination Unit performance
4  and adherence to service guidelines.
5  The Department shall conduct a quarterly review of Care
6  Coordination Unit performance and adherence to service
7  guidelines. The quarterly review shall be reported to the
8  Speaker of the House of Representatives, the Minority Leader
9  of the House of Representatives, the President of the Senate,
10  and the Minority Leader of the Senate. The Department shall
11  collect and report longitudinal data on the performance of
12  each care coordination unit. Nothing in this paragraph shall
13  be construed to require the Department to identify specific
14  care coordination units.
15  In regard to community care providers, failure to comply
16  with Department on Aging policies shall be cause for
17  disciplinary action, including, but not limited to,
18  disqualification from serving Community Care Program clients.
19  Each provider, upon submission of any bill or invoice to the
20  Department for payment for services rendered, shall include a
21  notarized statement, under penalty of perjury pursuant to
22  Section 1-109 of the Code of Civil Procedure, that the
23  provider has complied with all Department policies.
24  The Director of the Department on Aging shall make
25  information available to the State Board of Elections as may
26  be required by an agreement the State Board of Elections has

 

 

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1  entered into with a multi-state voter registration list
2  maintenance system.
3  Within 30 days after July 6, 2017 (the effective date of
4  Public Act 100-23), rates shall be increased to $18.29 per
5  hour, for the purpose of increasing, by at least $.72 per hour,
6  the wages paid by those vendors to their employees who provide
7  homemaker services. The Department shall pay an enhanced rate
8  under the Community Care Program to those in-home service
9  provider agencies that offer health insurance coverage as a
10  benefit to their direct service worker employees consistent
11  with the mandates of Public Act 95-713. For State fiscal years
12  2018 and 2019, the enhanced rate shall be $1.77 per hour. The
13  rate shall be adjusted using actuarial analysis based on the
14  cost of care, but shall not be set below $1.77 per hour. The
15  Department shall adopt rules, including emergency rules under
16  subsections (y) and (bb) of Section 5-45 of the Illinois
17  Administrative Procedure Act, to implement the provisions of
18  this paragraph.
19  Subject to federal approval, beginning on January 1, 2024,
20  rates for adult day services shall be increased to $16.84 per
21  hour and rates for each way transportation services for adult
22  day services shall be increased to $12.44 per unit
23  transportation.
24  Subject to federal approval, on and after January 1, 2024,
25  rates for homemaker services shall be increased to $28.07 to
26  sustain a minimum wage of $17 per hour for direct service

 

 

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1  workers. Rates in subsequent State fiscal years shall be no
2  lower than the rates put into effect upon federal approval.
3  Providers of in-home services shall be required to certify to
4  the Department that they remain in compliance with the
5  mandated wage increase for direct service workers. Fringe
6  benefits, including, but not limited to, paid time off and
7  payment for training, health insurance, travel, or
8  transportation, shall not be reduced in relation to the rate
9  increases described in this paragraph.
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

 

 

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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 June 4, 2018 (the effective
5  date of Public Act 100-587) this amendatory Act of the 100th
6  General Assembly:
7  (1) The Director of Aging, or his or her designee, who
8  shall serve as the chairperson of the Subcommittee.
9  (2) One representative of the Department of Healthcare
10  and Family Services, appointed by the Director of
11  Healthcare and Family Services.
12  (3) One representative of the Department of Human
13  Services, appointed by the Secretary of Human Services.
14  (4) One individual representing a care coordination
15  unit, appointed by the Director of Aging.
16  (5) One individual from a non-governmental statewide
17  organization that advocates for seniors, appointed by the
18  Director of Aging.
19  (6) One individual representing Area Agencies on
20  Aging, appointed by the Director of Aging.
21  (7) One individual from a statewide association
22  dedicated to Alzheimer's care, support, and research,
23  appointed by the Director of Aging.
24  (8) One individual from an organization that employs
25  persons who provide services under the Community Care
26  Program, appointed by the Director of Aging.

 

 

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1  (9) One member of a trade or labor union representing
2  persons who provide services under the Community Care
3  Program, appointed by the Director of Aging.
4  (10) One member of the Senate, who shall serve as
5  co-chairperson, appointed by the President of the Senate.
6  (11) One member of the Senate, who shall serve as
7  co-chairperson, appointed by the Minority Leader of the
8  Senate.
9  (12) One member of the House of Representatives, who
10  shall serve as co-chairperson, appointed by the Speaker of
11  the House of Representatives.
12  (13) One member of the House of Representatives, who
13  shall serve as co-chairperson, appointed by the Minority
14  Leader of the House of Representatives.
15  (14) One individual appointed by a labor organization
16  representing frontline employees at the Department of
17  Human Services.
18  The Subcommittee shall provide oversight to the Community
19  Care Program Medicaid Initiative and shall meet quarterly. At
20  each Subcommittee meeting the Department on Aging shall
21  provide the following data sets to the Subcommittee: (A) the
22  number of Illinois residents, categorized by planning and
23  service area, who are receiving services under the Community
24  Care Program and are enrolled in the State's Medical
25  Assistance Program; (B) the number of Illinois residents,
26  categorized by planning and service area, who are receiving

 

 

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

 

 

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1  access benefits under the State's Medical Assistance Program.
2  The Subcommittee shall collaborate with the Department of
3  Human Services on the adoption of a uniform application
4  submission process. The Department of Human Services and any
5  other State agency involved with processing the medical
6  assistance application of any person enrolled in the Community
7  Care Program shall include the appropriate care coordination
8  unit in all communications related to the determination or
9  status of the application.
10  The Community Care Program Medicaid Initiative shall
11  provide targeted funding to care coordination units to help
12  seniors complete their applications for medical assistance
13  benefits. On and after July 1, 2019, care coordination units
14  shall receive no less than $200 per completed application,
15  which rate may be included in a bundled rate for initial intake
16  services when Medicaid application assistance is provided in
17  conjunction with the initial intake process for new program
18  participants.
19  The Community Care Program Medicaid Initiative shall cease
20  operation 5 years after June 4, 2018 (the effective date of
21  Public Act 100-587) this amendatory Act of the 100th General
22  Assembly, after which the Subcommittee shall dissolve.
23  Effective July 1, 2023, subject to federal approval, the
24  Department on Aging shall reimburse Care Coordination Units at
25  the following rates for case management services: $252.40 for
26  each initial assessment; $366.40 for each initial assessment

 

 

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1  with translation; $229.68 for each redetermination assessment;
2  $313.68 for each redetermination assessment with translation;
3  $200.00 for each completed application for medical assistance
4  benefits; $132.26 for each face-to-face, choices-for-care
5  screening; $168.26 for each face-to-face, choices-for-care
6  screening with translation; $124.56 for each 6-month,
7  face-to-face visit; $132.00 for each MCO participant
8  eligibility determination; and $157.00 for each MCO
9  participant eligibility determination with translation.
10  (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
11  103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
12  Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
13  Section 90-5, eff. 1-1-24; revised 9-25-23.)

 

 

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