Illinois 2023-2024 Regular Session

Illinois House Bill HB4346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0670
2	1		HB4346 EnrolledLRB103 36391 KTG 66492 b HB4346 Enrolled LRB103 36391 KTG 66492 b
3	2		HB4346 Enrolled LRB103 36391 KTG 66492 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Act on the Aging is amended by
8		-	changing Sections 3.11, 4.01, and 4.02 and by adding Section
9		-	5.03 as follows:
10		-	(20 ILCS 105/3.11)
11		-	Sec. 3.11. Greatest social need. "Greatest For the
12		-	purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
13		-	means the need caused by noneconomic factors that restrict an
14		-	individual's ability to perform normal daily tasks or that
15		-	threaten his or her capacity to live independently. These
16		-	factors include, but are not limited to, physical or mental
17		-	disability, language barriers, and cultural or social
18		-	isolation caused by, among other things, racial and ethnic
19		-	status, sexual orientation, gender identity, gender
20		-	expression, or HIV status.
21		-	(Source: P.A. 101-325, eff. 8-9-19.)
22		-	(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
23		-	Sec. 4.01. Additional powers and duties of the Department.
24		-	In addition to powers and duties otherwise provided by law,
25		-	the Department shall have the following powers and duties:
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Act on the Aging is amended by
	7	+	5 changing Sections 3.11, 4.01, and 4.02 and by adding Section
	8	+	6 5.03 as follows:
	9	+	7 (20 ILCS 105/3.11)
	10	+	8 Sec. 3.11. Greatest social need. "Greatest For the
	11	+	9 purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
	12	+	10 means the need caused by noneconomic factors that restrict an
	13	+	11 individual's ability to perform normal daily tasks or that
	14	+	12 threaten his or her capacity to live independently. These
	15	+	13 factors include, but are not limited to, physical or mental
	16	+	14 disability, language barriers, and cultural or social
	17	+	15 isolation caused by, among other things, racial and ethnic
	18	+	16 status, sexual orientation, gender identity, gender
	19	+	17 expression, or HIV status.
	20	+	18 (Source: P.A. 101-325, eff. 8-9-19.)
	21	+	19 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
	22	+	20 Sec. 4.01. Additional powers and duties of the Department.
	23	+	21 In addition to powers and duties otherwise provided by law,
	24	+	22 the Department shall have the following powers and duties:
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27	26
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30	29
31	30
32		-	(1) To evaluate all programs, services, and facilities for
33		-	the aged and for minority senior citizens within the State and
34		-	determine the extent to which present public or private
35		-	programs, services and facilities meet the needs of the aged.
36		-	(2) To coordinate and evaluate all programs, services, and
37		-	facilities for the Aging and for minority senior citizens
38		-	presently furnished by State agencies and make appropriate
39		-	recommendations regarding such services, programs and
40		-	facilities to the Governor and/or the General Assembly.
41		-	(2-a) To request, receive, and share information
42		-	electronically through the use of data-sharing agreements for
43		-	the purpose of (i) establishing and verifying the initial and
44		-	continuing eligibility of older adults to participate in
45		-	programs administered by the Department; (ii) maximizing
46		-	federal financial participation in State assistance
47		-	expenditures; and (iii) investigating allegations of fraud or
48		-	other abuse of publicly funded benefits. Notwithstanding any
49		-	other law to the contrary, but only for the limited purposes
50		-	identified in the preceding sentence, this paragraph (2-a)
51		-	expressly authorizes the exchanges of income, identification,
52		-	and other pertinent eligibility information by and among the
53		-	Department and the Social Security Administration, the
54		-	Department of Employment Security, the Department of
55		-	Healthcare and Family Services, the Department of Human
56		-	Services, the Department of Revenue, the Secretary of State,
57		-	the U.S. Department of Veterans Affairs, and any other
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	32	+	HB4346 Enrolled - 2 - LRB103 36391 KTG 66492 b
	33	+	1 (1) To evaluate all programs, services, and facilities for
	34	+	2 the aged and for minority senior citizens within the State and
	35	+	3 determine the extent to which present public or private
	36	+	4 programs, services and facilities meet the needs of the aged.
	37	+	5 (2) To coordinate and evaluate all programs, services, and
	38	+	6 facilities for the Aging and for minority senior citizens
	39	+	7 presently furnished by State agencies and make appropriate
	40	+	8 recommendations regarding such services, programs and
	41	+	9 facilities to the Governor and/or the General Assembly.
	42	+	10 (2-a) To request, receive, and share information
	43	+	11 electronically through the use of data-sharing agreements for
	44	+	12 the purpose of (i) establishing and verifying the initial and
	45	+	13 continuing eligibility of older adults to participate in
	46	+	14 programs administered by the Department; (ii) maximizing
	47	+	15 federal financial participation in State assistance
	48	+	16 expenditures; and (iii) investigating allegations of fraud or
	49	+	17 other abuse of publicly funded benefits. Notwithstanding any
	50	+	18 other law to the contrary, but only for the limited purposes
	51	+	19 identified in the preceding sentence, this paragraph (2-a)
	52	+	20 expressly authorizes the exchanges of income, identification,
	53	+	21 and other pertinent eligibility information by and among the
	54	+	22 Department and the Social Security Administration, the
	55	+	23 Department of Employment Security, the Department of
	56	+	24 Healthcare and Family Services, the Department of Human
	57	+	25 Services, the Department of Revenue, the Secretary of State,
	58	+	26 the U.S. Department of Veterans Affairs, and any other
58	59
59	60
60		-	governmental entity. The confidentiality of information
61		-	otherwise shall be maintained as required by law. In addition,
62		-	the Department on Aging shall verify employment information at
63		-	the request of a community care provider for the purpose of
64		-	ensuring program integrity under the Community Care Program.
65		-	(3) To function as the sole State agency to develop a
66		-	comprehensive plan to meet the needs of the State's senior
67		-	citizens and the State's minority senior citizens.
68		-	(4) To receive and disburse State and federal funds made
69		-	available directly to the Department including those funds
70		-	made available under the Older Americans Act and the Senior
71		-	Community Service Employment Program for providing services
72		-	for senior citizens and minority senior citizens or for
73		-	purposes related thereto, and shall develop and administer any
74		-	State Plan for the Aging required by federal law.
75		-	(5) To solicit, accept, hold, and administer in behalf of
76		-	the State any grants or legacies of money, securities, or
77		-	property to the State of Illinois for services to senior
78		-	citizens and minority senior citizens or purposes related
79		-	thereto.
80		-	(6) To provide consultation and assistance to communities,
81		-	area agencies on aging, and groups developing local services
82		-	for senior citizens and minority senior citizens.
83		-	(7) To promote community education regarding the problems
84		-	of senior citizens and minority senior citizens through
85		-	institutes, publications, radio, television and the local
86	61
87	62
88		-	press.
89		-	(8) To cooperate with agencies of the federal government
90		-	in studies and conferences designed to examine the needs of
91		-	senior citizens and minority senior citizens and to prepare
92		-	programs and facilities to meet those needs.
93		-	(9) To establish and maintain information and referral
94		-	sources throughout the State when not provided by other
95		-	agencies.
96		-	(10) To provide the staff support that may reasonably be
97		-	required by the Council.
98		-	(11) To make and enforce rules and regulations necessary
99		-	and proper to the performance of its duties.
100		-	(12) To establish and fund programs or projects or
101		-	experimental facilities that are specially designed as
102		-	alternatives to institutional care.
103		-	(13) To develop a training program to train the counselors
104		-	presently employed by the Department's aging network to
105		-	provide Medicare beneficiaries with counseling and advocacy in
106		-	Medicare, private health insurance, and related health care
107		-	coverage plans. The Department shall report to the General
108		-	Assembly on the implementation of the training program on or
109		-	before December 1, 1986.
110		-	(14) To make a grant to an institution of higher learning
111		-	to study the feasibility of establishing and implementing an
112		-	affirmative action employment plan for the recruitment,
113		-	hiring, training and retraining of persons 60 or more years
	63	+
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115	66
116		-	old for jobs for which their employment would not be precluded
117		-	by law.
118		-	(15) To present one award annually in each of the
119		-	categories of community service, education, the performance
120		-	and graphic arts, and the labor force to outstanding Illinois
121		-	senior citizens and minority senior citizens in recognition of
122		-	their individual contributions to either community service,
123		-	education, the performance and graphic arts, or the labor
124		-	force. The awards shall be presented to 4 senior citizens and
125		-	minority senior citizens selected from a list of 44 nominees
126		-	compiled annually by the Department. Nominations shall be
127		-	solicited from senior citizens' service providers, area
128		-	agencies on aging, senior citizens' centers, and senior
129		-	citizens' organizations. If there are no nominations in a
130		-	category, the Department may award a second person in one of
131		-	the remaining categories. The Department shall establish a
132		-	central location within the State to be designated as the
133		-	Senior Illinoisans Hall of Fame for the public display of all
134		-	the annual awards, or replicas thereof.
135		-	(16) To establish multipurpose senior centers through area
136		-	agencies on aging and to fund those new and existing
137		-	multipurpose senior centers through area agencies on aging,
138		-	the establishment and funding to begin in such areas of the
139		-	State as the Department shall designate by rule and as
140		-	specifically appropriated funds become available.
141		-	(17) (Blank).
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	69	+	1 governmental entity. The confidentiality of information
	70	+	2 otherwise shall be maintained as required by law. In addition,
	71	+	3 the Department on Aging shall verify employment information at
	72	+	4 the request of a community care provider for the purpose of
	73	+	5 ensuring program integrity under the Community Care Program.
	74	+	6 (3) To function as the sole State agency to develop a
	75	+	7 comprehensive plan to meet the needs of the State's senior
	76	+	8 citizens and the State's minority senior citizens.
	77	+	9 (4) To receive and disburse State and federal funds made
	78	+	10 available directly to the Department including those funds
	79	+	11 made available under the Older Americans Act and the Senior
	80	+	12 Community Service Employment Program for providing services
	81	+	13 for senior citizens and minority senior citizens or for
	82	+	14 purposes related thereto, and shall develop and administer any
	83	+	15 State Plan for the Aging required by federal law.
	84	+	16 (5) To solicit, accept, hold, and administer in behalf of
	85	+	17 the State any grants or legacies of money, securities, or
	86	+	18 property to the State of Illinois for services to senior
	87	+	19 citizens and minority senior citizens or purposes related
	88	+	20 thereto.
	89	+	21 (6) To provide consultation and assistance to communities,
	90	+	22 area agencies on aging, and groups developing local services
	91	+	23 for senior citizens and minority senior citizens.
	92	+	24 (7) To promote community education regarding the problems
	93	+	25 of senior citizens and minority senior citizens through
	94	+	26 institutes, publications, radio, television and the local
142	95
143	96
144		-	(18) To develop a pamphlet in English and Spanish which
145		-	may be used by physicians licensed to practice medicine in all
146		-	of its branches pursuant to the Medical Practice Act of 1987,
147		-	pharmacists licensed pursuant to the Pharmacy Practice Act,
148		-	and Illinois residents 65 years of age or older for the purpose
149		-	of assisting physicians, pharmacists, and patients in
150		-	monitoring prescriptions provided by various physicians and to
151		-	aid persons 65 years of age or older in complying with
152		-	directions for proper use of pharmaceutical prescriptions. The
153		-	pamphlet may provide space for recording information including
154		-	but not limited to the following:
155		-	(a) name and telephone number of the patient;
156		-	(b) name and telephone number of the prescribing
157		-	physician;
158		-	(c) date of prescription;
159		-	(d) name of drug prescribed;
160		-	(e) directions for patient compliance; and
161		-	(f) name and telephone number of dispensing pharmacy.
162		-	In developing the pamphlet, the Department shall consult
163		-	with the Illinois State Medical Society, the Center for
164		-	Minority Health Services, the Illinois Pharmacists Association
165		-	and senior citizens organizations. The Department shall
166		-	distribute the pamphlets to physicians, pharmacists and
167		-	persons 65 years of age or older or various senior citizen
168		-	organizations throughout the State.
169		-	(19) To conduct a study of the feasibility of implementing
170	97
171	98
172		-	the Senior Companion Program throughout the State.
173		-	(20) The reimbursement rates paid through the community
174		-	care program for chore housekeeping services and home care
175		-	aides shall be the same.
176		-	(21) From funds appropriated to the Department from the
177		-	Meals on Wheels Fund, a special fund in the State treasury that
178		-	is hereby created, and in accordance with State and federal
179		-	guidelines and the intrastate funding formula, to make grants
180		-	to area agencies on aging, designated by the Department, for
181		-	the sole purpose of delivering meals to homebound persons 60
182		-	years of age and older.
183		-	(22) To distribute, through its area agencies on aging,
184		-	information alerting seniors on safety issues regarding
185		-	emergency weather conditions, including extreme heat and cold,
186		-	flooding, tornadoes, electrical storms, and other severe storm
187		-	weather. The information shall include all necessary
188		-	instructions for safety and all emergency telephone numbers of
189		-	organizations that will provide additional information and
190		-	assistance.
191		-	(23) To develop guidelines for the organization and
192		-	implementation of Volunteer Services Credit Programs to be
193		-	administered by Area Agencies on Aging or community based
194		-	senior service organizations. The Department shall hold public
195		-	hearings on the proposed guidelines for public comment,
196		-	suggestion, and determination of public interest. The
197		-	guidelines shall be based on the findings of other states and
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198	101
199	102
200		-	of community organizations in Illinois that are currently
201		-	operating volunteer services credit programs or demonstration
202		-	volunteer services credit programs. The Department shall offer
203		-	guidelines for all aspects of the programs including, but not
204		-	limited to, the following:
205		-	(a) types of services to be offered by volunteers;
206		-	(b) types of services to be received upon the
207		-	redemption of service credits;
208		-	(c) issues of liability for the volunteers and the
209		-	administering organizations;
210		-	(d) methods of tracking service credits earned and
211		-	service credits redeemed;
212		-	(e) issues of time limits for redemption of service
213		-	credits;
214		-	(f) methods of recruitment of volunteers;
215		-	(g) utilization of community volunteers, community
216		-	service groups, and other resources for delivering
217		-	services to be received by service credit program clients;
218		-	(h) accountability and assurance that services will be
219		-	available to individuals who have earned service credits;
220		-	and
221		-	(i) volunteer screening and qualifications.
222		-	The Department shall submit a written copy of the guidelines
223		-	to the General Assembly by July 1, 1998.
224		-	(24) To function as the sole State agency to receive and
225		-	disburse State and federal funds for providing adult
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	105	+	1 press.
	106	+	2 (8) To cooperate with agencies of the federal government
	107	+	3 in studies and conferences designed to examine the needs of
	108	+	4 senior citizens and minority senior citizens and to prepare
	109	+	5 programs and facilities to meet those needs.
	110	+	6 (9) To establish and maintain information and referral
	111	+	7 sources throughout the State when not provided by other
	112	+	8 agencies.
	113	+	9 (10) To provide the staff support that may reasonably be
	114	+	10 required by the Council.
	115	+	11 (11) To make and enforce rules and regulations necessary
	116	+	12 and proper to the performance of its duties.
	117	+	13 (12) To establish and fund programs or projects or
	118	+	14 experimental facilities that are specially designed as
	119	+	15 alternatives to institutional care.
	120	+	16 (13) To develop a training program to train the counselors
	121	+	17 presently employed by the Department's aging network to
	122	+	18 provide Medicare beneficiaries with counseling and advocacy in
	123	+	19 Medicare, private health insurance, and related health care
	124	+	20 coverage plans. The Department shall report to the General
	125	+	21 Assembly on the implementation of the training program on or
	126	+	22 before December 1, 1986.
	127	+	23 (14) To make a grant to an institution of higher learning
	128	+	24 to study the feasibility of establishing and implementing an
	129	+	25 affirmative action employment plan for the recruitment,
	130	+	26 hiring, training and retraining of persons 60 or more years
226	131
227	132
228		-	protective services in a domestic living situation in
229		-	accordance with the Adult Protective Services Act.
230		-	(25) To hold conferences, trainings, and other programs
231		-	for which the Department shall determine by rule a reasonable
232		-	fee to cover related administrative costs. Rules to implement
233		-	the fee authority granted by this paragraph (25) must be
234		-	adopted in accordance with all provisions of the Illinois
235		-	Administrative Procedure Act and all rules and procedures of
236		-	the Joint Committee on Administrative Rules; any purported
237		-	rule not so adopted, for whatever reason, is unauthorized.
238		-	(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
239		-	eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
240		-	(20 ILCS 105/4.02)
241		-	Sec. 4.02. Community Care Program. The Department shall
242		-	establish a program of services to prevent unnecessary
243		-	institutionalization of persons age 60 and older in need of
244		-	long term care or who are established as persons who suffer
245		-	from Alzheimer's disease or a related disorder under the
246		-	Alzheimer's Disease Assistance Act, thereby enabling them to
247		-	remain in their own homes or in other living arrangements.
248		-	Such preventive services, which may be coordinated with other
249		-	programs for the aged and monitored by area agencies on aging
250		-	in cooperation with the Department, may include, but are not
251		-	limited to, any or all of the following:
252		-	(a) (blank);
253	133
254	134
255		-	(b) (blank);
256		-	(c) home care aide services;
257		-	(d) personal assistant services;
258		-	(e) adult day services;
259		-	(f) home-delivered meals;
260		-	(g) education in self-care;
261		-	(h) personal care services;
262		-	(i) adult day health services;
263		-	(j) habilitation services;
264		-	(k) respite care;
265		-	(k-5) community reintegration services;
266		-	(k-6) flexible senior services;
267		-	(k-7) medication management;
268		-	(k-8) emergency home response;
269		-	(l) other nonmedical social services that may enable
270		-	the person to become self-supporting; or
271		-	(m) (blank). clearinghouse for information provided by
272		-	senior citizen home owners who want to rent rooms to or
273		-	share living space with other senior citizens.
274		-	The Department shall establish eligibility standards for
275		-	such services. In determining the amount and nature of
276		-	services for which a person may qualify, consideration shall
277		-	not be given to the value of cash, property, or other assets
278		-	held in the name of the person's spouse pursuant to a written
279		-	agreement dividing marital property into equal but separate
280		-	shares or pursuant to a transfer of the person's interest in a
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281	137
282	138
283		-	home to his spouse, provided that the spouse's share of the
284		-	marital property is not made available to the person seeking
285		-	such services.
286		-	The Beginning January 1, 2008, the Department shall
287		-	require as a condition of eligibility that all new financially
288		-	eligible applicants apply for and enroll in medical assistance
289		-	under Article V of the Illinois Public Aid Code in accordance
290		-	with rules promulgated by the Department.
291		-	The Department shall, in conjunction with the Department
292		-	of Public Aid (now Department of Healthcare and Family
293		-	Services), seek appropriate amendments under Sections 1915 and
294		-	1924 of the Social Security Act. The purpose of the amendments
295		-	shall be to extend eligibility for home and community based
296		-	services under Sections 1915 and 1924 of the Social Security
297		-	Act to persons who transfer to or for the benefit of a spouse
298		-	those amounts of income and resources allowed under Section
299		-	1924 of the Social Security Act. Subject to the approval of
300		-	such amendments, the Department shall extend the provisions of
301		-	Section 5-4 of the Illinois Public Aid Code to persons who, but
302		-	for the provision of home or community-based services, would
303		-	require the level of care provided in an institution, as is
304		-	provided for in federal law. Those persons no longer found to
305		-	be eligible for receiving noninstitutional services due to
306		-	changes in the eligibility criteria shall be given 45 days
307		-	notice prior to actual termination. Those persons receiving
308		-	notice of termination may contact the Department and request
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	141	+	1 old for jobs for which their employment would not be precluded
	142	+	2 by law.
	143	+	3 (15) To present one award annually in each of the
	144	+	4 categories of community service, education, the performance
	145	+	5 and graphic arts, and the labor force to outstanding Illinois
	146	+	6 senior citizens and minority senior citizens in recognition of
	147	+	7 their individual contributions to either community service,
	148	+	8 education, the performance and graphic arts, or the labor
	149	+	9 force. The awards shall be presented to 4 senior citizens and
	150	+	10 minority senior citizens selected from a list of 44 nominees
	151	+	11 compiled annually by the Department. Nominations shall be
	152	+	12 solicited from senior citizens' service providers, area
	153	+	13 agencies on aging, senior citizens' centers, and senior
	154	+	14 citizens' organizations. If there are no nominations in a
	155	+	15 category, the Department may award a second person in one of
	156	+	16 the remaining categories. The Department shall establish a
	157	+	17 central location within the State to be designated as the
	158	+	18 Senior Illinoisans Hall of Fame for the public display of all
	159	+	19 the annual awards, or replicas thereof.
	160	+	20 (16) To establish multipurpose senior centers through area
	161	+	21 agencies on aging and to fund those new and existing
	162	+	22 multipurpose senior centers through area agencies on aging,
	163	+	23 the establishment and funding to begin in such areas of the
	164	+	24 State as the Department shall designate by rule and as
	165	+	25 specifically appropriated funds become available.
	166	+	26 (17) (Blank).
309	167
310	168
311		-	the determination be appealed at any time during the 45 day
312		-	notice period. The target population identified for the
313		-	purposes of this Section are persons age 60 and older with an
314		-	identified service need. Priority shall be given to those who
315		-	are at imminent risk of institutionalization. The services
316		-	shall be provided to eligible persons age 60 and older to the
317		-	extent that the cost of the services together with the other
318		-	personal maintenance expenses of the persons are reasonably
319		-	related to the standards established for care in a group
320		-	facility appropriate to the person's condition. These
321		-	non-institutional services, pilot projects, or experimental
322		-	facilities may be provided as part of or in addition to those
323		-	authorized by federal law or those funded and administered by
324		-	the Department of Human Services. The Departments of Human
325		-	Services, Healthcare and Family Services, Public Health,
326		-	Veterans' Affairs, and Commerce and Economic Opportunity and
327		-	other appropriate agencies of State, federal, and local
328		-	governments shall cooperate with the Department on Aging in
329		-	the establishment and development of the non-institutional
330		-	services. The Department shall require an annual audit from
331		-	all personal assistant and home care aide vendors contracting
332		-	with the Department under this Section. The annual audit shall
333		-	assure that each audited vendor's procedures are in compliance
334		-	with Department's financial reporting guidelines requiring an
335		-	administrative and employee wage and benefits cost split as
336		-	defined in administrative rules. The audit is a public record
337	169
338	170
339		-	under the Freedom of Information Act. The Department shall
340		-	execute, relative to the nursing home prescreening project,
341		-	written inter-agency agreements with the Department of Human
342		-	Services and the Department of Healthcare and Family Services,
343		-	to effect the following: (1) intake procedures and common
344		-	eligibility criteria for those persons who are receiving
345		-	non-institutional services; and (2) the establishment and
346		-	development of non-institutional services in areas of the
347		-	State where they are not currently available or are
348		-	undeveloped. On and after July 1, 1996, all nursing home
349		-	prescreenings for individuals 60 years of age or older shall
350		-	be conducted by the Department.
351		-	As part of the Department on Aging's routine training of
352		-	case managers and case manager supervisors, the Department may
353		-	include information on family futures planning for persons who
354		-	are age 60 or older and who are caregivers of their adult
355		-	children with developmental disabilities. The content of the
356		-	training shall be at the Department's discretion.
357		-	The Department is authorized to establish a system of
358		-	recipient copayment for services provided under this Section,
359		-	such copayment to be based upon the recipient's ability to pay
360		-	but in no case to exceed the actual cost of the services
361		-	provided. Additionally, any portion of a person's income which
362		-	is equal to or less than the federal poverty standard shall not
363		-	be considered by the Department in determining the copayment.
364		-	The level of such copayment shall be adjusted whenever
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365	173
366	174
367		-	necessary to reflect any change in the officially designated
368		-	federal poverty standard.
369		-	The Department, or the Department's authorized
370		-	representative, may recover the amount of moneys expended for
371		-	services provided to or in behalf of a person under this
372		-	Section by a claim against the person's estate or against the
373		-	estate of the person's surviving spouse, but no recovery may
374		-	be had until after the death of the surviving spouse, if any,
375		-	and then only at such time when there is no surviving child who
376		-	is under age 21 or blind or who has a permanent and total
377		-	disability. This paragraph, however, shall not bar recovery,
378		-	at the death of the person, of moneys for services provided to
379		-	the person or in behalf of the person under this Section to
380		-	which the person was not entitled; provided that such recovery
381		-	shall not be enforced against any real estate while it is
382		-	occupied as a homestead by the surviving spouse or other
383		-	dependent, if no claims by other creditors have been filed
384		-	against the estate, or, if such claims have been filed, they
385		-	remain dormant for failure of prosecution or failure of the
386		-	claimant to compel administration of the estate for the
387		-	purpose of payment. This paragraph shall not bar recovery from
388		-	the estate of a spouse, under Sections 1915 and 1924 of the
389		-	Social Security Act and Section 5-4 of the Illinois Public Aid
390		-	Code, who precedes a person receiving services under this
391		-	Section in death. All moneys for services paid to or in behalf
392		-	of the person under this Section shall be claimed for recovery
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	177	+	1 (18) To develop a pamphlet in English and Spanish which
	178	+	2 may be used by physicians licensed to practice medicine in all
	179	+	3 of its branches pursuant to the Medical Practice Act of 1987,
	180	+	4 pharmacists licensed pursuant to the Pharmacy Practice Act,
	181	+	5 and Illinois residents 65 years of age or older for the purpose
	182	+	6 of assisting physicians, pharmacists, and patients in
	183	+	7 monitoring prescriptions provided by various physicians and to
	184	+	8 aid persons 65 years of age or older in complying with
	185	+	9 directions for proper use of pharmaceutical prescriptions. The
	186	+	10 pamphlet may provide space for recording information including
	187	+	11 but not limited to the following:
	188	+	12 (a) name and telephone number of the patient;
	189	+	13 (b) name and telephone number of the prescribing
	190	+	14 physician;
	191	+	15 (c) date of prescription;
	192	+	16 (d) name of drug prescribed;
	193	+	17 (e) directions for patient compliance; and
	194	+	18 (f) name and telephone number of dispensing pharmacy.
	195	+	19 In developing the pamphlet, the Department shall consult
	196	+	20 with the Illinois State Medical Society, the Center for
	197	+	21 Minority Health Services, the Illinois Pharmacists Association
	198	+	22 and senior citizens organizations. The Department shall
	199	+	23 distribute the pamphlets to physicians, pharmacists and
	200	+	24 persons 65 years of age or older or various senior citizen
	201	+	25 organizations throughout the State.
	202	+	26 (19) To conduct a study of the feasibility of implementing
393	203
394	204
395		-	from the deceased spouse's estate. "Homestead", as used in
396		-	this paragraph, means the dwelling house and contiguous real
397		-	estate occupied by a surviving spouse or relative, as defined
398		-	by the rules and regulations of the Department of Healthcare
399		-	and Family Services, regardless of the value of the property.
400		-	The Department shall increase the effectiveness of the
401		-	existing Community Care Program by:
402		-	(1) ensuring that in-home services included in the
403		-	care plan are available on evenings and weekends;
404		-	(2) ensuring that care plans contain the services that
405		-	eligible participants need based on the number of days in
406		-	a month, not limited to specific blocks of time, as
407		-	identified by the comprehensive assessment tool selected
408		-	by the Department for use statewide, not to exceed the
409		-	total monthly service cost maximum allowed for each
410		-	service; the Department shall develop administrative rules
411		-	to implement this item (2);
412		-	(3) ensuring that the participants have the right to
413		-	choose the services contained in their care plan and to
414		-	direct how those services are provided, based on
415		-	administrative rules established by the Department;
416		-	(4) (blank); ensuring that the determination of need
417		-	tool is accurate in determining the participants' level of
418		-	need; to achieve this, the Department, in conjunction with
419		-	the Older Adult Services Advisory Committee, shall
420		-	institute a study of the relationship between the
421	205
422	206
423		-	Determination of Need scores, level of need, service cost
424		-	maximums, and the development and utilization of service
425		-	plans no later than May 1, 2008; findings and
426		-	recommendations shall be presented to the Governor and the
427		-	General Assembly no later than January 1, 2009;
428		-	recommendations shall include all needed changes to the
429		-	service cost maximums schedule and additional covered
430		-	services;
431		-	(5) ensuring that homemakers can provide personal care
432		-	services that may or may not involve contact with clients,
433		-	including, but not limited to:
434		-	(A) bathing;
435		-	(B) grooming;
436		-	(C) toileting;
437		-	(D) nail care;
438		-	(E) transferring;
439		-	(F) respiratory services;
440		-	(G) exercise; or
441		-	(H) positioning;
442		-	(6) ensuring that homemaker program vendors are not
443		-	restricted from hiring homemakers who are family members
444		-	of clients or recommended by clients; the Department may
445		-	not, by rule or policy, require homemakers who are family
446		-	members of clients or recommended by clients to accept
447		-	assignments in homes other than the client;
448		-	(7) ensuring that the State may access maximum federal
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450	210
451		-	matching funds by seeking approval for the Centers for
452		-	Medicare and Medicaid Services for modifications to the
453		-	State's home and community based services waiver and
454		-	additional waiver opportunities, including applying for
455		-	enrollment in the Balance Incentive Payment Program by May
456		-	1, 2013, in order to maximize federal matching funds; this
457		-	shall include, but not be limited to, modification that
458		-	reflects all changes in the Community Care Program
459		-	services and all increases in the services cost maximum;
460		-	(8) ensuring that the determination of need tool
461		-	accurately reflects the service needs of individuals with
462		-	Alzheimer's disease and related dementia disorders;
463		-	(9) ensuring that services are authorized accurately
464		-	and consistently for the Community Care Program (CCP); the
465		-	Department shall implement a Service Authorization policy
466		-	directive; the purpose shall be to ensure that eligibility
467		-	and services are authorized accurately and consistently in
468		-	the CCP program; the policy directive shall clarify
469		-	service authorization guidelines to Care Coordination
470		-	Units and Community Care Program providers no later than
471		-	May 1, 2013;
472		-	(10) working in conjunction with Care Coordination
473		-	Units, the Department of Healthcare and Family Services,
474		-	the Department of Human Services, Community Care Program
475		-	providers, and other stakeholders to make improvements to
476		-	the Medicaid claiming processes and the Medicaid
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	213	+	1 the Senior Companion Program throughout the State.
	214	+	2 (20) The reimbursement rates paid through the community
	215	+	3 care program for chore housekeeping services and home care
	216	+	4 aides shall be the same.
	217	+	5 (21) From funds appropriated to the Department from the
	218	+	6 Meals on Wheels Fund, a special fund in the State treasury that
	219	+	7 is hereby created, and in accordance with State and federal
	220	+	8 guidelines and the intrastate funding formula, to make grants
	221	+	9 to area agencies on aging, designated by the Department, for
	222	+	10 the sole purpose of delivering meals to homebound persons 60
	223	+	11 years of age and older.
	224	+	12 (22) To distribute, through its area agencies on aging,
	225	+	13 information alerting seniors on safety issues regarding
	226	+	14 emergency weather conditions, including extreme heat and cold,
	227	+	15 flooding, tornadoes, electrical storms, and other severe storm
	228	+	16 weather. The information shall include all necessary
	229	+	17 instructions for safety and all emergency telephone numbers of
	230	+	18 organizations that will provide additional information and
	231	+	19 assistance.
	232	+	20 (23) To develop guidelines for the organization and
	233	+	21 implementation of Volunteer Services Credit Programs to be
	234	+	22 administered by Area Agencies on Aging or community based
	235	+	23 senior service organizations. The Department shall hold public
	236	+	24 hearings on the proposed guidelines for public comment,
	237	+	25 suggestion, and determination of public interest. The
	238	+	26 guidelines shall be based on the findings of other states and
477	239
478	240
479		-	enrollment procedures or requirements as needed,
480		-	including, but not limited to, specific policy changes or
481		-	rules to improve the up-front enrollment of participants
482		-	in the Medicaid program and specific policy changes or
483		-	rules to insure more prompt submission of bills to the
484		-	federal government to secure maximum federal matching
485		-	dollars as promptly as possible; the Department on Aging
486		-	shall have at least 3 meetings with stakeholders by
487		-	January 1, 2014 in order to address these improvements;
488		-	(11) requiring home care service providers to comply
489		-	with the rounding of hours worked provisions under the
490		-	federal Fair Labor Standards Act (FLSA) and as set forth
491		-	in 29 CFR 785.48(b) by May 1, 2013;
492		-	(12) implementing any necessary policy changes or
493		-	promulgating any rules, no later than January 1, 2014, to
494		-	assist the Department of Healthcare and Family Services in
495		-	moving as many participants as possible, consistent with
496		-	federal regulations, into coordinated care plans if a care
497		-	coordination plan that covers long term care is available
498		-	in the recipient's area; and
499		-	(13) (blank). maintaining fiscal year 2014 rates at
500		-	the same level established on January 1, 2013.
501		-	By January 1, 2009 or as soon after the end of the Cash and
502		-	Counseling Demonstration Project as is practicable, the
503		-	Department may, based on its evaluation of the demonstration
504		-	project, promulgate rules concerning personal assistant
505	241
506	242
507		-	services, to include, but need not be limited to,
508		-	qualifications, employment screening, rights under fair labor
509		-	standards, training, fiduciary agent, and supervision
510		-	requirements. All applicants shall be subject to the
511		-	provisions of the Health Care Worker Background Check Act.
512		-	The Department shall develop procedures to enhance
513		-	availability of services on evenings, weekends, and on an
514		-	emergency basis to meet the respite needs of caregivers.
515		-	Procedures shall be developed to permit the utilization of
516		-	services in successive blocks of 24 hours up to the monthly
517		-	maximum established by the Department. Workers providing these
518		-	services shall be appropriately trained.
519		-	No Beginning on the effective date of this amendatory Act
520		-	of 1991, no person may perform chore/housekeeping and home
521		-	care aide services under a program authorized by this Section
522		-	unless that person has been issued a certificate of
523		-	pre-service to do so by his or her employing agency.
524		-	Information gathered to effect such certification shall
525		-	include (i) the person's name, (ii) the date the person was
526		-	hired by his or her current employer, and (iii) the training,
527		-	including dates and levels. Persons engaged in the program
528		-	authorized by this Section before the effective date of this
529		-	amendatory Act of 1991 shall be issued a certificate of all
530		-	pre-service pre- and in-service training from his or her
531		-	employer upon submitting the necessary information. The
532		-	employing agency shall be required to retain records of all
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533	245
534	246
535		-	staff pre-service pre- and in-service training, and shall
536		-	provide such records to the Department upon request and upon
537		-	termination of the employer's contract with the Department. In
538		-	addition, the employing agency is responsible for the issuance
539		-	of certifications of in-service training completed to their
540		-	employees.
541		-	The Department is required to develop a system to ensure
542		-	that persons working as home care aides and personal
543		-	assistants receive increases in their wages when the federal
544		-	minimum wage is increased by requiring vendors to certify that
545		-	they are meeting the federal minimum wage statute for home
546		-	care aides and personal assistants. An employer that cannot
547		-	ensure that the minimum wage increase is being given to home
548		-	care aides and personal assistants shall be denied any
549		-	increase in reimbursement costs.
550		-	The Community Care Program Advisory Committee is created
551		-	in the Department on Aging. The Director shall appoint
552		-	individuals to serve in the Committee, who shall serve at
553		-	their own expense. Members of the Committee must abide by all
554		-	applicable ethics laws. The Committee shall advise the
555		-	Department on issues related to the Department's program of
556		-	services to prevent unnecessary institutionalization. The
557		-	Committee shall meet on a bi-monthly basis and shall serve to
558		-	identify and advise the Department on present and potential
559		-	issues affecting the service delivery network, the program's
560		-	clients, and the Department and to recommend solution
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	249	+	1 of community organizations in Illinois that are currently
	250	+	2 operating volunteer services credit programs or demonstration
	251	+	3 volunteer services credit programs. The Department shall offer
	252	+	4 guidelines for all aspects of the programs including, but not
	253	+	5 limited to, the following:
	254	+	6 (a) types of services to be offered by volunteers;
	255	+	7 (b) types of services to be received upon the
	256	+	8 redemption of service credits;
	257	+	9 (c) issues of liability for the volunteers and the
	258	+	10 administering organizations;
	259	+	11 (d) methods of tracking service credits earned and
	260	+	12 service credits redeemed;
	261	+	13 (e) issues of time limits for redemption of service
	262	+	14 credits;
	263	+	15 (f) methods of recruitment of volunteers;
	264	+	16 (g) utilization of community volunteers, community
	265	+	17 service groups, and other resources for delivering
	266	+	18 services to be received by service credit program clients;
	267	+	19 (h) accountability and assurance that services will be
	268	+	20 available to individuals who have earned service credits;
	269	+	21 and
	270	+	22 (i) volunteer screening and qualifications.
	271	+	23 The Department shall submit a written copy of the guidelines
	272	+	24 to the General Assembly by July 1, 1998.
	273	+	25 (24) To function as the sole State agency to receive and
	274	+	26 disburse State and federal funds for providing adult
561	275
562	276
563		-	strategies. Persons appointed to the Committee shall be
564		-	appointed on, but not limited to, their own and their agency's
565		-	experience with the program, geographic representation, and
566		-	willingness to serve. The Director shall appoint members to
567		-	the Committee to represent provider, advocacy, policy
568		-	research, and other constituencies committed to the delivery
569		-	of high quality home and community-based services to older
570		-	adults. Representatives shall be appointed to ensure
571		-	representation from community care providers, including, but
572		-	not limited to, adult day service providers, homemaker
573		-	providers, case coordination and case management units,
574		-	emergency home response providers, statewide trade or labor
575		-	unions that represent home care aides and direct care staff,
576		-	area agencies on aging, adults over age 60, membership
577		-	organizations representing older adults, and other
578		-	organizational entities, providers of care, or individuals
579		-	with demonstrated interest and expertise in the field of home
580		-	and community care as determined by the Director.
581		-	Nominations may be presented from any agency or State
582		-	association with interest in the program. The Director, or his
583		-	or her designee, shall serve as the permanent co-chair of the
584		-	advisory committee. One other co-chair shall be nominated and
585		-	approved by the members of the committee on an annual basis.
586		-	Committee members' terms of appointment shall be for 4 years
587		-	with one-quarter of the appointees' terms expiring each year.
588		-	A member shall continue to serve until his or her replacement
589	277
590	278
591		-	is named. The Department shall fill vacancies that have a
592		-	remaining term of over one year, and this replacement shall
593		-	occur through the annual replacement of expiring terms. The
594		-	Director shall designate Department staff to provide technical
595		-	assistance and staff support to the committee. Department
596		-	representation shall not constitute membership of the
597		-	committee. All Committee papers, issues, recommendations,
598		-	reports, and meeting memoranda are advisory only. The
599		-	Director, or his or her designee, shall make a written report,
600		-	as requested by the Committee, regarding issues before the
601		-	Committee.
602		-	The Department on Aging and the Department of Human
603		-	Services shall cooperate in the development and submission of
604		-	an annual report on programs and services provided under this
605		-	Section. Such joint report shall be filed with the Governor
606		-	and the General Assembly on or before March 31 of the following
607		-	fiscal year.
608		-	The requirement for reporting to the General Assembly
609		-	shall be satisfied by filing copies of the report as required
610		-	by Section 3.1 of the General Assembly Organization Act and
611		-	filing such additional copies with the State Government Report
612		-	Distribution Center for the General Assembly as is required
613		-	under paragraph (t) of Section 7 of the State Library Act.
614		-	Those persons previously found eligible for receiving
615		-	non-institutional services whose services were discontinued
616		-	under the Emergency Budget Act of Fiscal Year 1992, and who do
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617	281
618	282
619		-	not meet the eligibility standards in effect on or after July
620		-	1, 1992, shall remain ineligible on and after July 1, 1992.
621		-	Those persons previously not required to cost-share and who
622		-	were required to cost-share effective March 1, 1992, shall
623		-	continue to meet cost-share requirements on and after July 1,
624		-	1992. Beginning July 1, 1992, all clients will be required to
625		-	meet eligibility, cost-share, and other requirements and will
626		-	have services discontinued or altered when they fail to meet
627		-	these requirements.
628		-	For the purposes of this Section, "flexible senior
629		-	services" refers to services that require one-time or periodic
630		-	expenditures, including, but not limited to, respite care,
631		-	home modification, assistive technology, housing assistance,
632		-	and transportation.
633		-	The Department shall implement an electronic service
634		-	verification based on global positioning systems or other
635		-	cost-effective technology for the Community Care Program no
636		-	later than January 1, 2014.
637		-	The Department shall require, as a condition of
638		-	eligibility, application for enrollment in the medical
639		-	assistance program under Article V of the Illinois Public Aid
640		-	Code (i) beginning August 1, 2013, if the Auditor General has
641		-	reported that the Department has failed to comply with the
642		-	reporting requirements of Section 2-27 of the Illinois State
643		-	Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
644		-	General has reported that the Department has not undertaken
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	285	+	1 protective services in a domestic living situation in
	286	+	2 accordance with the Adult Protective Services Act.
	287	+	3 (25) To hold conferences, trainings, and other programs
	288	+	4 for which the Department shall determine by rule a reasonable
	289	+	5 fee to cover related administrative costs. Rules to implement
	290	+	6 the fee authority granted by this paragraph (25) must be
	291	+	7 adopted in accordance with all provisions of the Illinois
	292	+	8 Administrative Procedure Act and all rules and procedures of
	293	+	9 the Joint Committee on Administrative Rules; any purported
	294	+	10 rule not so adopted, for whatever reason, is unauthorized.
	295	+	11 (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
	296	+	12 eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
	297	+	13 (20 ILCS 105/4.02)
	298	+	14 Sec. 4.02. Community Care Program. The Department shall
	299	+	15 establish a program of services to prevent unnecessary
	300	+	16 institutionalization of persons age 60 and older in need of
	301	+	17 long term care or who are established as persons who suffer
	302	+	18 from Alzheimer's disease or a related disorder under the
	303	+	19 Alzheimer's Disease Assistance Act, thereby enabling them to
	304	+	20 remain in their own homes or in other living arrangements.
	305	+	21 Such preventive services, which may be coordinated with other
	306	+	22 programs for the aged and monitored by area agencies on aging
	307	+	23 in cooperation with the Department, may include, but are not
	308	+	24 limited to, any or all of the following:
	309	+	25 (a) (blank);
645	310
646	311
647		-	the required actions listed in the report required by
648		-	subsection (a) of Section 2-27 of the Illinois State Auditing
649		-	Act.
650		-	The Department may authorize shall delay Community Care
651		-	Program services until an applicant is determined eligible for
652		-	medical assistance under Article V of the Illinois Public Aid
653		-	Code (i) beginning August 1, 2013, if the Auditor General has
654		-	reported that the Department has failed to comply with the
655		-	reporting requirements of Section 2-27 of the Illinois State
656		-	Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
657		-	General has reported that the Department has not undertaken
658		-	the required actions listed in the report required by
659		-	subsection (a) of Section 2-27 of the Illinois State Auditing
660		-	Act.
661		-	The Department shall implement co-payments for the
662		-	Community Care Program at the federally allowable maximum
663		-	level (i) beginning August 1, 2013, if the Auditor General has
664		-	reported that the Department has failed to comply with the
665		-	reporting requirements of Section 2-27 of the Illinois State
666		-	Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
667		-	General has reported that the Department has not undertaken
668		-	the required actions listed in the report required by
669		-	subsection (a) of Section 2-27 of the Illinois State Auditing
670		-	Act.
671		-	The Department shall continue to provide other Community
672		-	Care Program reports as required by statute, which shall
673	312
674	313
675		-	include an annual report on Care Coordination Unit performance
676		-	and adherence to service guidelines and a 6-month supplemental
677		-	report.
678		-	The Department shall conduct a quarterly review of Care
679		-	Coordination Unit performance and adherence to service
680		-	guidelines. The quarterly review shall be reported to the
681		-	Speaker of the House of Representatives, the Minority Leader
682		-	of the House of Representatives, the President of the Senate,
683		-	and the Minority Leader of the Senate. The Department shall
684		-	collect and report longitudinal data on the performance of
685		-	each care coordination unit. Nothing in this paragraph shall
686		-	be construed to require the Department to identify specific
687		-	care coordination units.
688		-	In regard to community care providers, failure to comply
689		-	with Department on Aging policies shall be cause for
690		-	disciplinary action, including, but not limited to,
691		-	disqualification from serving Community Care Program clients.
692		-	Each provider, upon submission of any bill or invoice to the
693		-	Department for payment for services rendered, shall include a
694		-	notarized statement, under penalty of perjury pursuant to
695		-	Section 1-109 of the Code of Civil Procedure, that the
696		-	provider has complied with all Department policies.
697		-	The Director of the Department on Aging shall make
698		-	information available to the State Board of Elections as may
699		-	be required by an agreement the State Board of Elections has
700		-	entered into with a multi-state voter registration list
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701	316
702	317
703		-	maintenance system.
704		-	Within 30 days after July 6, 2017 (the effective date of
705		-	Public Act 100-23), rates shall be increased to $18.29 per
706		-	hour, for the purpose of increasing, by at least $.72 per hour,
707		-	the wages paid by those vendors to their employees who provide
708		-	homemaker services. The Department shall pay an enhanced rate
709		-	under the Community Care Program to those in-home service
710		-	provider agencies that offer health insurance coverage as a
711		-	benefit to their direct service worker employees consistent
712		-	with the mandates of Public Act 95-713. For State fiscal years
713		-	2018 and 2019, the enhanced rate shall be $1.77 per hour. The
714		-	rate shall be adjusted using actuarial analysis based on the
715		-	cost of care, but shall not be set below $1.77 per hour. The
716		-	Department shall adopt rules, including emergency rules under
717		-	subsections (y) and (bb) of Section 5-45 of the Illinois
718		-	Administrative Procedure Act, to implement the provisions of
719		-	this paragraph.
720		-	The Department shall pay an enhanced rate of at least
721		-	$1.77 per unit under the Community Care Program to those
722		-	in-home service provider agencies that offer health insurance
723		-	coverage as a benefit to their direct service worker employees
724		-	pursuant to rules adopted by the Department. The Department
725		-	shall review the enhanced rate as part of its process to rebase
726		-	in-home service provider reimbursement rates pursuant to
727		-	federal waiver requirements. Subject to federal approval,
728		-	beginning on January 1, 2024, rates for adult day services
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	320	+	1 (b) (blank);
	321	+	2 (c) home care aide services;
	322	+	3 (d) personal assistant services;
	323	+	4 (e) adult day services;
	324	+	5 (f) home-delivered meals;
	325	+	6 (g) education in self-care;
	326	+	7 (h) personal care services;
	327	+	8 (i) adult day health services;
	328	+	9 (j) habilitation services;
	329	+	10 (k) respite care;
	330	+	11 (k-5) community reintegration services;
	331	+	12 (k-6) flexible senior services;
	332	+	13 (k-7) medication management;
	333	+	14 (k-8) emergency home response;
	334	+	15 (l) other nonmedical social services that may enable
	335	+	16 the person to become self-supporting; or
	336	+	17 (m) (blank). clearinghouse for information provided by
	337	+	18 senior citizen home owners who want to rent rooms to or
	338	+	19 share living space with other senior citizens.
	339	+	20 The Department shall establish eligibility standards for
	340	+	21 such services. In determining the amount and nature of
	341	+	22 services for which a person may qualify, consideration shall
	342	+	23 not be given to the value of cash, property, or other assets
	343	+	24 held in the name of the person's spouse pursuant to a written
	344	+	25 agreement dividing marital property into equal but separate
	345	+	26 shares or pursuant to a transfer of the person's interest in a
729	346
730	347
731		-	shall be increased to $16.84 per hour and rates for each way
732		-	transportation services for adult day services shall be
733		-	increased to $12.44 per unit transportation.
734		-	Subject to federal approval, on and after January 1, 2024,
735		-	rates for homemaker services shall be increased to $28.07 to
736		-	sustain a minimum wage of $17 per hour for direct service
737		-	workers. Rates in subsequent State fiscal years shall be no
738		-	lower than the rates put into effect upon federal approval.
739		-	Providers of in-home services shall be required to certify to
740		-	the Department that they remain in compliance with the
741		-	mandated wage increase for direct service workers. Fringe
742		-	benefits, including, but not limited to, paid time off and
743		-	payment for training, health insurance, travel, or
744		-	transportation, shall not be reduced in relation to the rate
745		-	increases described in this paragraph.
746		-	The General Assembly finds it necessary to authorize an
747		-	aggressive Medicaid enrollment initiative designed to maximize
748		-	federal Medicaid funding for the Community Care Program which
749		-	produces significant savings for the State of Illinois. The
750		-	Department on Aging shall establish and implement a Community
751		-	Care Program Medicaid Initiative. Under the Initiative, the
752		-	Department on Aging shall, at a minimum: (i) provide an
753		-	enhanced rate to adequately compensate care coordination units
754		-	to enroll eligible Community Care Program clients into
755		-	Medicaid; (ii) use recommendations from a stakeholder
756		-	committee on how best to implement the Initiative; and (iii)
757	348
758	349
759		-	establish requirements for State agencies to make enrollment
760		-	in the State's Medical Assistance program easier for seniors.
761		-	The Community Care Program Medicaid Enrollment Oversight
762		-	Subcommittee is created as a subcommittee of the Older Adult
763		-	Services Advisory Committee established in Section 35 of the
764		-	Older Adult Services Act to make recommendations on how best
765		-	to increase the number of medical assistance recipients who
766		-	are enrolled in the Community Care Program. The Subcommittee
767		-	shall consist of all of the following persons who must be
768		-	appointed within 30 days after June 4, 2018 (the effective
769		-	date of Public Act 100-587) this amendatory Act of the 100th
770		-	General Assembly:
771		-	(1) The Director of Aging, or his or her designee, who
772		-	shall serve as the chairperson of the Subcommittee.
773		-	(2) One representative of the Department of Healthcare
774		-	and Family Services, appointed by the Director of
775		-	Healthcare and Family Services.
776		-	(3) One representative of the Department of Human
777		-	Services, appointed by the Secretary of Human Services.
778		-	(4) One individual representing a care coordination
779		-	unit, appointed by the Director of Aging.
780		-	(5) One individual from a non-governmental statewide
781		-	organization that advocates for seniors, appointed by the
782		-	Director of Aging.
783		-	(6) One individual representing Area Agencies on
784		-	Aging, appointed by the Director of Aging.
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785	352
786	353
787		-	(7) One individual from a statewide association
788		-	dedicated to Alzheimer's care, support, and research,
789		-	appointed by the Director of Aging.
790		-	(8) One individual from an organization that employs
791		-	persons who provide services under the Community Care
792		-	Program, appointed by the Director of Aging.
793		-	(9) One member of a trade or labor union representing
794		-	persons who provide services under the Community Care
795		-	Program, appointed by the Director of Aging.
796		-	(10) One member of the Senate, who shall serve as
797		-	co-chairperson, appointed by the President of the Senate.
798		-	(11) One member of the Senate, who shall serve as
799		-	co-chairperson, appointed by the Minority Leader of the
800		-	Senate.
801		-	(12) One member of the House of Representatives, who
802		-	shall serve as co-chairperson, appointed by the Speaker of
803		-	the House of Representatives.
804		-	(13) One member of the House of Representatives, who
805		-	shall serve as co-chairperson, appointed by the Minority
806		-	Leader of the House of Representatives.
807		-	(14) One individual appointed by a labor organization
808		-	representing frontline employees at the Department of
809		-	Human Services.
810		-	The Subcommittee shall provide oversight to the Community
811		-	Care Program Medicaid Initiative and shall meet quarterly. At
812		-	each Subcommittee meeting the Department on Aging shall
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	356	+	1 home to his spouse, provided that the spouse's share of the
	357	+	2 marital property is not made available to the person seeking
	358	+	3 such services.
	359	+	4 The Beginning January 1, 2008, the Department shall
	360	+	5 require as a condition of eligibility that all new financially
	361	+	6 eligible applicants apply for and enroll in medical assistance
	362	+	7 under Article V of the Illinois Public Aid Code in accordance
	363	+	8 with rules promulgated by the Department.
	364	+	9 The Department shall, in conjunction with the Department
	365	+	10 of Public Aid (now Department of Healthcare and Family
	366	+	11 Services), seek appropriate amendments under Sections 1915 and
	367	+	12 1924 of the Social Security Act. The purpose of the amendments
	368	+	13 shall be to extend eligibility for home and community based
	369	+	14 services under Sections 1915 and 1924 of the Social Security
	370	+	15 Act to persons who transfer to or for the benefit of a spouse
	371	+	16 those amounts of income and resources allowed under Section
	372	+	17 1924 of the Social Security Act. Subject to the approval of
	373	+	18 such amendments, the Department shall extend the provisions of
	374	+	19 Section 5-4 of the Illinois Public Aid Code to persons who, but
	375	+	20 for the provision of home or community-based services, would
	376	+	21 require the level of care provided in an institution, as is
	377	+	22 provided for in federal law. Those persons no longer found to
	378	+	23 be eligible for receiving noninstitutional services due to
	379	+	24 changes in the eligibility criteria shall be given 45 days
	380	+	25 notice prior to actual termination. Those persons receiving
	381	+	26 notice of termination may contact the Department and request
813	382
814	383
815		-	provide the following data sets to the Subcommittee: (A) the
816		-	number of Illinois residents, categorized by planning and
817		-	service area, who are receiving services under the Community
818		-	Care Program and are enrolled in the State's Medical
819		-	Assistance Program; (B) the number of Illinois residents,
820		-	categorized by planning and service area, who are receiving
821		-	services under the Community Care Program, but are not
822		-	enrolled in the State's Medical Assistance Program; and (C)
823		-	the number of Illinois residents, categorized by planning and
824		-	service area, who are receiving services under the Community
825		-	Care Program and are eligible for benefits under the State's
826		-	Medical Assistance Program, but are not enrolled in the
827		-	State's Medical Assistance Program. In addition to this data,
828		-	the Department on Aging shall provide the Subcommittee with
829		-	plans on how the Department on Aging will reduce the number of
830		-	Illinois residents who are not enrolled in the State's Medical
831		-	Assistance Program but who are eligible for medical assistance
832		-	benefits. The Department on Aging shall enroll in the State's
833		-	Medical Assistance Program those Illinois residents who
834		-	receive services under the Community Care Program and are
835		-	eligible for medical assistance benefits but are not enrolled
836		-	in the State's Medicaid Assistance Program. The data provided
837		-	to the Subcommittee shall be made available to the public via
838		-	the Department on Aging's website.
839		-	The Department on Aging, with the involvement of the
840		-	Subcommittee, shall collaborate with the Department of Human
841	384
842	385
843		-	Services and the Department of Healthcare and Family Services
844		-	on how best to achieve the responsibilities of the Community
845		-	Care Program Medicaid Initiative.
846		-	The Department on Aging, the Department of Human Services,
847		-	and the Department of Healthcare and Family Services shall
848		-	coordinate and implement a streamlined process for seniors to
849		-	access benefits under the State's Medical Assistance Program.
850		-	The Subcommittee shall collaborate with the Department of
851		-	Human Services on the adoption of a uniform application
852		-	submission process. The Department of Human Services and any
853		-	other State agency involved with processing the medical
854		-	assistance application of any person enrolled in the Community
855		-	Care Program shall include the appropriate care coordination
856		-	unit in all communications related to the determination or
857		-	status of the application.
858		-	The Community Care Program Medicaid Initiative shall
859		-	provide targeted funding to care coordination units to help
860		-	seniors complete their applications for medical assistance
861		-	benefits. On and after July 1, 2019, care coordination units
862		-	shall receive no less than $200 per completed application,
863		-	which rate may be included in a bundled rate for initial intake
864		-	services when Medicaid application assistance is provided in
865		-	conjunction with the initial intake process for new program
866		-	participants.
867		-	The Community Care Program Medicaid Initiative shall cease
868		-	operation 5 years after June 4, 2018 (the effective date of
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869	388
870	389
871		-	Public Act 100-587) this amendatory Act of the 100th General
872		-	Assembly, after which the Subcommittee shall dissolve.
873		-	Effective July 1, 2023, subject to federal approval, the
874		-	Department on Aging shall reimburse Care Coordination Units at
875		-	the following rates for case management services: $252.40 for
876		-	each initial assessment; $366.40 for each initial assessment
877		-	with translation; $229.68 for each redetermination assessment;
878		-	$313.68 for each redetermination assessment with translation;
879		-	$200.00 for each completed application for medical assistance
880		-	benefits; $132.26 for each face-to-face, choices-for-care
881		-	screening; $168.26 for each face-to-face, choices-for-care
882		-	screening with translation; $124.56 for each 6-month,
883		-	face-to-face visit; $132.00 for each MCO participant
884		-	eligibility determination; and $157.00 for each MCO
885		-	participant eligibility determination with translation.
886		-	(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
887		-	103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
888		-	Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
889		-	Section 90-5, eff. 1-1-24; revised 12-12-23.)
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	392	+	1 the determination be appealed at any time during the 45 day
	393	+	2 notice period. The target population identified for the
	394	+	3 purposes of this Section are persons age 60 and older with an
	395	+	4 identified service need. Priority shall be given to those who
	396	+	5 are at imminent risk of institutionalization. The services
	397	+	6 shall be provided to eligible persons age 60 and older to the
	398	+	7 extent that the cost of the services together with the other
	399	+	8 personal maintenance expenses of the persons are reasonably
	400	+	9 related to the standards established for care in a group
	401	+	10 facility appropriate to the person's condition. These
	402	+	11 non-institutional services, pilot projects, or experimental
	403	+	12 facilities may be provided as part of or in addition to those
	404	+	13 authorized by federal law or those funded and administered by
	405	+	14 the Department of Human Services. The Departments of Human
	406	+	15 Services, Healthcare and Family Services, Public Health,
	407	+	16 Veterans' Affairs, and Commerce and Economic Opportunity and
	408	+	17 other appropriate agencies of State, federal, and local
	409	+	18 governments shall cooperate with the Department on Aging in
	410	+	19 the establishment and development of the non-institutional
	411	+	20 services. The Department shall require an annual audit from
	412	+	21 all personal assistant and home care aide vendors contracting
	413	+	22 with the Department under this Section. The annual audit shall
	414	+	23 assure that each audited vendor's procedures are in compliance
	415	+	24 with Department's financial reporting guidelines requiring an
	416	+	25 administrative and employee wage and benefits cost split as
	417	+	26 defined in administrative rules. The audit is a public record
	418	+
	419	+
	420	+
	421	+
	422	+
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	424	+
	425	+
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	428	+	1 under the Freedom of Information Act. The Department shall
	429	+	2 execute, relative to the nursing home prescreening project,
	430	+	3 written inter-agency agreements with the Department of Human
	431	+	4 Services and the Department of Healthcare and Family Services,
	432	+	5 to effect the following: (1) intake procedures and common
	433	+	6 eligibility criteria for those persons who are receiving
	434	+	7 non-institutional services; and (2) the establishment and
	435	+	8 development of non-institutional services in areas of the
	436	+	9 State where they are not currently available or are
	437	+	10 undeveloped. On and after July 1, 1996, all nursing home
	438	+	11 prescreenings for individuals 60 years of age or older shall
	439	+	12 be conducted by the Department.
	440	+	13 As part of the Department on Aging's routine training of
	441	+	14 case managers and case manager supervisors, the Department may
	442	+	15 include information on family futures planning for persons who
	443	+	16 are age 60 or older and who are caregivers of their adult
	444	+	17 children with developmental disabilities. The content of the
	445	+	18 training shall be at the Department's discretion.
	446	+	19 The Department is authorized to establish a system of
	447	+	20 recipient copayment for services provided under this Section,
	448	+	21 such copayment to be based upon the recipient's ability to pay
	449	+	22 but in no case to exceed the actual cost of the services
	450	+	23 provided. Additionally, any portion of a person's income which
	451	+	24 is equal to or less than the federal poverty standard shall not
	452	+	25 be considered by the Department in determining the copayment.
	453	+	26 The level of such copayment shall be adjusted whenever
	454	+
	455	+
	456	+
	457	+
	458	+
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	460	+
	461	+
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	464	+	1 necessary to reflect any change in the officially designated
	465	+	2 federal poverty standard.
	466	+	3 The Department, or the Department's authorized
	467	+	4 representative, may recover the amount of moneys expended for
	468	+	5 services provided to or in behalf of a person under this
	469	+	6 Section by a claim against the person's estate or against the
	470	+	7 estate of the person's surviving spouse, but no recovery may
	471	+	8 be had until after the death of the surviving spouse, if any,
	472	+	9 and then only at such time when there is no surviving child who
	473	+	10 is under age 21 or blind or who has a permanent and total
	474	+	11 disability. This paragraph, however, shall not bar recovery,
	475	+	12 at the death of the person, of moneys for services provided to
	476	+	13 the person or in behalf of the person under this Section to
	477	+	14 which the person was not entitled; provided that such recovery
	478	+	15 shall not be enforced against any real estate while it is
	479	+	16 occupied as a homestead by the surviving spouse or other
	480	+	17 dependent, if no claims by other creditors have been filed
	481	+	18 against the estate, or, if such claims have been filed, they
	482	+	19 remain dormant for failure of prosecution or failure of the
	483	+	20 claimant to compel administration of the estate for the
	484	+	21 purpose of payment. This paragraph shall not bar recovery from
	485	+	22 the estate of a spouse, under Sections 1915 and 1924 of the
	486	+	23 Social Security Act and Section 5-4 of the Illinois Public Aid
	487	+	24 Code, who precedes a person receiving services under this
	488	+	25 Section in death. All moneys for services paid to or in behalf
	489	+	26 of the person under this Section shall be claimed for recovery
	490	+
	491	+
	492	+
	493	+
	494	+
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	496	+
	497	+
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	500	+	1 from the deceased spouse's estate. "Homestead", as used in
	501	+	2 this paragraph, means the dwelling house and contiguous real
	502	+	3 estate occupied by a surviving spouse or relative, as defined
	503	+	4 by the rules and regulations of the Department of Healthcare
	504	+	5 and Family Services, regardless of the value of the property.
	505	+	6 The Department shall increase the effectiveness of the
	506	+	7 existing Community Care Program by:
	507	+	8 (1) ensuring that in-home services included in the
	508	+	9 care plan are available on evenings and weekends;
	509	+	10 (2) ensuring that care plans contain the services that
	510	+	11 eligible participants need based on the number of days in
	511	+	12 a month, not limited to specific blocks of time, as
	512	+	13 identified by the comprehensive assessment tool selected
	513	+	14 by the Department for use statewide, not to exceed the
	514	+	15 total monthly service cost maximum allowed for each
	515	+	16 service; the Department shall develop administrative rules
	516	+	17 to implement this item (2);
	517	+	18 (3) ensuring that the participants have the right to
	518	+	19 choose the services contained in their care plan and to
	519	+	20 direct how those services are provided, based on
	520	+	21 administrative rules established by the Department;
	521	+	22 (4) (blank); ensuring that the determination of need
	522	+	23 tool is accurate in determining the participants' level of
	523	+	24 need; to achieve this, the Department, in conjunction with
	524	+	25 the Older Adult Services Advisory Committee, shall
	525	+	26 institute a study of the relationship between the
	526	+
	527	+
	528	+
	529	+
	530	+
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	536	+	1 Determination of Need scores, level of need, service cost
	537	+	2 maximums, and the development and utilization of service
	538	+	3 plans no later than May 1, 2008; findings and
	539	+	4 recommendations shall be presented to the Governor and the
	540	+	5 General Assembly no later than January 1, 2009;
	541	+	6 recommendations shall include all needed changes to the
	542	+	7 service cost maximums schedule and additional covered
	543	+	8 services;
	544	+	9 (5) ensuring that homemakers can provide personal care
	545	+	10 services that may or may not involve contact with clients,
	546	+	11 including, but not limited to:
	547	+	12 (A) bathing;
	548	+	13 (B) grooming;
	549	+	14 (C) toileting;
	550	+	15 (D) nail care;
	551	+	16 (E) transferring;
	552	+	17 (F) respiratory services;
	553	+	18 (G) exercise; or
	554	+	19 (H) positioning;
	555	+	20 (6) ensuring that homemaker program vendors are not
	556	+	21 restricted from hiring homemakers who are family members
	557	+	22 of clients or recommended by clients; the Department may
	558	+	23 not, by rule or policy, require homemakers who are family
	559	+	24 members of clients or recommended by clients to accept
	560	+	25 assignments in homes other than the client;
	561	+	26 (7) ensuring that the State may access maximum federal
	562	+
	563	+
	564	+
	565	+
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	568	+
	569	+
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	572	+	1 matching funds by seeking approval for the Centers for
	573	+	2 Medicare and Medicaid Services for modifications to the
	574	+	3 State's home and community based services waiver and
	575	+	4 additional waiver opportunities, including applying for
	576	+	5 enrollment in the Balance Incentive Payment Program by May
	577	+	6 1, 2013, in order to maximize federal matching funds; this
	578	+	7 shall include, but not be limited to, modification that
	579	+	8 reflects all changes in the Community Care Program
	580	+	9 services and all increases in the services cost maximum;
	581	+	10 (8) ensuring that the determination of need tool
	582	+	11 accurately reflects the service needs of individuals with
	583	+	12 Alzheimer's disease and related dementia disorders;
	584	+	13 (9) ensuring that services are authorized accurately
	585	+	14 and consistently for the Community Care Program (CCP); the
	586	+	15 Department shall implement a Service Authorization policy
	587	+	16 directive; the purpose shall be to ensure that eligibility
	588	+	17 and services are authorized accurately and consistently in
	589	+	18 the CCP program; the policy directive shall clarify
	590	+	19 service authorization guidelines to Care Coordination
	591	+	20 Units and Community Care Program providers no later than
	592	+	21 May 1, 2013;
	593	+	22 (10) working in conjunction with Care Coordination
	594	+	23 Units, the Department of Healthcare and Family Services,
	595	+	24 the Department of Human Services, Community Care Program
	596	+	25 providers, and other stakeholders to make improvements to
	597	+	26 the Medicaid claiming processes and the Medicaid
	598	+
	599	+
	600	+
	601	+
	602	+
	603	+	HB4346 Enrolled - 17 - LRB103 36391 KTG 66492 b
	604	+
	605	+
	606	+	HB4346 Enrolled- 18 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 18 - LRB103 36391 KTG 66492 b
	607	+	HB4346 Enrolled - 18 - LRB103 36391 KTG 66492 b
	608	+	1 enrollment procedures or requirements as needed,
	609	+	2 including, but not limited to, specific policy changes or
	610	+	3 rules to improve the up-front enrollment of participants
	611	+	4 in the Medicaid program and specific policy changes or
	612	+	5 rules to insure more prompt submission of bills to the
	613	+	6 federal government to secure maximum federal matching
	614	+	7 dollars as promptly as possible; the Department on Aging
	615	+	8 shall have at least 3 meetings with stakeholders by
	616	+	9 January 1, 2014 in order to address these improvements;
	617	+	10 (11) requiring home care service providers to comply
	618	+	11 with the rounding of hours worked provisions under the
	619	+	12 federal Fair Labor Standards Act (FLSA) and as set forth
	620	+	13 in 29 CFR 785.48(b) by May 1, 2013;
	621	+	14 (12) implementing any necessary policy changes or
	622	+	15 promulgating any rules, no later than January 1, 2014, to
	623	+	16 assist the Department of Healthcare and Family Services in
	624	+	17 moving as many participants as possible, consistent with
	625	+	18 federal regulations, into coordinated care plans if a care
	626	+	19 coordination plan that covers long term care is available
	627	+	20 in the recipient's area; and
	628	+	21 (13) (blank). maintaining fiscal year 2014 rates at
	629	+	22 the same level established on January 1, 2013.
	630	+	23 By January 1, 2009 or as soon after the end of the Cash and
	631	+	24 Counseling Demonstration Project as is practicable, the
	632	+	25 Department may, based on its evaluation of the demonstration
	633	+	26 project, promulgate rules concerning personal assistant
	634	+
	635	+
	636	+
	637	+
	638	+
	639	+	HB4346 Enrolled - 18 - LRB103 36391 KTG 66492 b
	640	+
	641	+
	642	+	HB4346 Enrolled- 19 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 19 - LRB103 36391 KTG 66492 b
	643	+	HB4346 Enrolled - 19 - LRB103 36391 KTG 66492 b
	644	+	1 services, to include, but need not be limited to,
	645	+	2 qualifications, employment screening, rights under fair labor
	646	+	3 standards, training, fiduciary agent, and supervision
	647	+	4 requirements. All applicants shall be subject to the
	648	+	5 provisions of the Health Care Worker Background Check Act.
	649	+	6 The Department shall develop procedures to enhance
	650	+	7 availability of services on evenings, weekends, and on an
	651	+	8 emergency basis to meet the respite needs of caregivers.
	652	+	9 Procedures shall be developed to permit the utilization of
	653	+	10 services in successive blocks of 24 hours up to the monthly
	654	+	11 maximum established by the Department. Workers providing these
	655	+	12 services shall be appropriately trained.
	656	+	13 No Beginning on the effective date of this amendatory Act
	657	+	14 of 1991, no person may perform chore/housekeeping and home
	658	+	15 care aide services under a program authorized by this Section
	659	+	16 unless that person has been issued a certificate of
	660	+	17 pre-service to do so by his or her employing agency.
	661	+	18 Information gathered to effect such certification shall
	662	+	19 include (i) the person's name, (ii) the date the person was
	663	+	20 hired by his or her current employer, and (iii) the training,
	664	+	21 including dates and levels. Persons engaged in the program
	665	+	22 authorized by this Section before the effective date of this
	666	+	23 amendatory Act of 1991 shall be issued a certificate of all
	667	+	24 pre-service pre- and in-service training from his or her
	668	+	25 employer upon submitting the necessary information. The
	669	+	26 employing agency shall be required to retain records of all
	670	+
	671	+
	672	+
	673	+
	674	+
	675	+	HB4346 Enrolled - 19 - LRB103 36391 KTG 66492 b
	676	+
	677	+
	678	+	HB4346 Enrolled- 20 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 20 - LRB103 36391 KTG 66492 b
	679	+	HB4346 Enrolled - 20 - LRB103 36391 KTG 66492 b
	680	+	1 staff pre-service pre- and in-service training, and shall
	681	+	2 provide such records to the Department upon request and upon
	682	+	3 termination of the employer's contract with the Department. In
	683	+	4 addition, the employing agency is responsible for the issuance
	684	+	5 of certifications of in-service training completed to their
	685	+	6 employees.
	686	+	7 The Department is required to develop a system to ensure
	687	+	8 that persons working as home care aides and personal
	688	+	9 assistants receive increases in their wages when the federal
	689	+	10 minimum wage is increased by requiring vendors to certify that
	690	+	11 they are meeting the federal minimum wage statute for home
	691	+	12 care aides and personal assistants. An employer that cannot
	692	+	13 ensure that the minimum wage increase is being given to home
	693	+	14 care aides and personal assistants shall be denied any
	694	+	15 increase in reimbursement costs.
	695	+	16 The Community Care Program Advisory Committee is created
	696	+	17 in the Department on Aging. The Director shall appoint
	697	+	18 individuals to serve in the Committee, who shall serve at
	698	+	19 their own expense. Members of the Committee must abide by all
	699	+	20 applicable ethics laws. The Committee shall advise the
	700	+	21 Department on issues related to the Department's program of
	701	+	22 services to prevent unnecessary institutionalization. The
	702	+	23 Committee shall meet on a bi-monthly basis and shall serve to
	703	+	24 identify and advise the Department on present and potential
	704	+	25 issues affecting the service delivery network, the program's
	705	+	26 clients, and the Department and to recommend solution
	706	+
	707	+
	708	+
	709	+
	710	+
	711	+	HB4346 Enrolled - 20 - LRB103 36391 KTG 66492 b
	712	+
	713	+
	714	+	HB4346 Enrolled- 21 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 21 - LRB103 36391 KTG 66492 b
	715	+	HB4346 Enrolled - 21 - LRB103 36391 KTG 66492 b
	716	+	1 strategies. Persons appointed to the Committee shall be
	717	+	2 appointed on, but not limited to, their own and their agency's
	718	+	3 experience with the program, geographic representation, and
	719	+	4 willingness to serve. The Director shall appoint members to
	720	+	5 the Committee to represent provider, advocacy, policy
	721	+	6 research, and other constituencies committed to the delivery
	722	+	7 of high quality home and community-based services to older
	723	+	8 adults. Representatives shall be appointed to ensure
	724	+	9 representation from community care providers, including, but
	725	+	10 not limited to, adult day service providers, homemaker
	726	+	11 providers, case coordination and case management units,
	727	+	12 emergency home response providers, statewide trade or labor
	728	+	13 unions that represent home care aides and direct care staff,
	729	+	14 area agencies on aging, adults over age 60, membership
	730	+	15 organizations representing older adults, and other
	731	+	16 organizational entities, providers of care, or individuals
	732	+	17 with demonstrated interest and expertise in the field of home
	733	+	18 and community care as determined by the Director.
	734	+	19 Nominations may be presented from any agency or State
	735	+	20 association with interest in the program. The Director, or his
	736	+	21 or her designee, shall serve as the permanent co-chair of the
	737	+	22 advisory committee. One other co-chair shall be nominated and
	738	+	23 approved by the members of the committee on an annual basis.
	739	+	24 Committee members' terms of appointment shall be for 4 years
	740	+	25 with one-quarter of the appointees' terms expiring each year.
	741	+	26 A member shall continue to serve until his or her replacement
	742	+
	743	+
	744	+
	745	+
	746	+
	747	+	HB4346 Enrolled - 21 - LRB103 36391 KTG 66492 b
	748	+
	749	+
	750	+	HB4346 Enrolled- 22 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 22 - LRB103 36391 KTG 66492 b
	751	+	HB4346 Enrolled - 22 - LRB103 36391 KTG 66492 b
	752	+	1 is named. The Department shall fill vacancies that have a
	753	+	2 remaining term of over one year, and this replacement shall
	754	+	3 occur through the annual replacement of expiring terms. The
	755	+	4 Director shall designate Department staff to provide technical
	756	+	5 assistance and staff support to the committee. Department
	757	+	6 representation shall not constitute membership of the
	758	+	7 committee. All Committee papers, issues, recommendations,
	759	+	8 reports, and meeting memoranda are advisory only. The
	760	+	9 Director, or his or her designee, shall make a written report,
	761	+	10 as requested by the Committee, regarding issues before the
	762	+	11 Committee.
	763	+	12 The Department on Aging and the Department of Human
	764	+	13 Services shall cooperate in the development and submission of
	765	+	14 an annual report on programs and services provided under this
	766	+	15 Section. Such joint report shall be filed with the Governor
	767	+	16 and the General Assembly on or before March 31 of the following
	768	+	17 fiscal year.
	769	+	18 The requirement for reporting to the General Assembly
	770	+	19 shall be satisfied by filing copies of the report as required
	771	+	20 by Section 3.1 of the General Assembly Organization Act and
	772	+	21 filing such additional copies with the State Government Report
	773	+	22 Distribution Center for the General Assembly as is required
	774	+	23 under paragraph (t) of Section 7 of the State Library Act.
	775	+	24 Those persons previously found eligible for receiving
	776	+	25 non-institutional services whose services were discontinued
	777	+	26 under the Emergency Budget Act of Fiscal Year 1992, and who do
	778	+
	779	+
	780	+
	781	+
	782	+
	783	+	HB4346 Enrolled - 22 - LRB103 36391 KTG 66492 b
	784	+
	785	+
	786	+	HB4346 Enrolled- 23 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 23 - LRB103 36391 KTG 66492 b
	787	+	HB4346 Enrolled - 23 - LRB103 36391 KTG 66492 b
	788	+	1 not meet the eligibility standards in effect on or after July
	789	+	2 1, 1992, shall remain ineligible on and after July 1, 1992.
	790	+	3 Those persons previously not required to cost-share and who
	791	+	4 were required to cost-share effective March 1, 1992, shall
	792	+	5 continue to meet cost-share requirements on and after July 1,
	793	+	6 1992. Beginning July 1, 1992, all clients will be required to
	794	+	7 meet eligibility, cost-share, and other requirements and will
	795	+	8 have services discontinued or altered when they fail to meet
	796	+	9 these requirements.
	797	+	10 For the purposes of this Section, "flexible senior
	798	+	11 services" refers to services that require one-time or periodic
	799	+	12 expenditures, including, but not limited to, respite care,
	800	+	13 home modification, assistive technology, housing assistance,
	801	+	14 and transportation.
	802	+	15 The Department shall implement an electronic service
	803	+	16 verification based on global positioning systems or other
	804	+	17 cost-effective technology for the Community Care Program no
	805	+	18 later than January 1, 2014.
	806	+	19 The Department shall require, as a condition of
	807	+	20 eligibility, application for enrollment in the medical
	808	+	21 assistance program under Article V of the Illinois Public Aid
	809	+	22 Code (i) beginning August 1, 2013, if the Auditor General has
	810	+	23 reported that the Department has failed to comply with the
	811	+	24 reporting requirements of Section 2-27 of the Illinois State
	812	+	25 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
	813	+	26 General has reported that the Department has not undertaken
	814	+
	815	+
	816	+
	817	+
	818	+
	819	+	HB4346 Enrolled - 23 - LRB103 36391 KTG 66492 b
	820	+
	821	+
	822	+	HB4346 Enrolled- 24 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 24 - LRB103 36391 KTG 66492 b
	823	+	HB4346 Enrolled - 24 - LRB103 36391 KTG 66492 b
	824	+	1 the required actions listed in the report required by
	825	+	2 subsection (a) of Section 2-27 of the Illinois State Auditing
	826	+	3 Act.
	827	+	4 The Department may authorize shall delay Community Care
	828	+	5 Program services until an applicant is determined eligible for
	829	+	6 medical assistance under Article V of the Illinois Public Aid
	830	+	7 Code (i) beginning August 1, 2013, if the Auditor General has
	831	+	8 reported that the Department has failed to comply with the
	832	+	9 reporting requirements of Section 2-27 of the Illinois State
	833	+	10 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
	834	+	11 General has reported that the Department has not undertaken
	835	+	12 the required actions listed in the report required by
	836	+	13 subsection (a) of Section 2-27 of the Illinois State Auditing
	837	+	14 Act.
	838	+	15 The Department shall implement co-payments for the
	839	+	16 Community Care Program at the federally allowable maximum
	840	+	17 level (i) beginning August 1, 2013, if the Auditor General has
	841	+	18 reported that the Department has failed to comply with the
	842	+	19 reporting requirements of Section 2-27 of the Illinois State
	843	+	20 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
	844	+	21 General has reported that the Department has not undertaken
	845	+	22 the required actions listed in the report required by
	846	+	23 subsection (a) of Section 2-27 of the Illinois State Auditing
	847	+	24 Act.
	848	+	25 The Department shall continue to provide other Community
	849	+	26 Care Program reports as required by statute, which shall
	850	+
	851	+
	852	+
	853	+
	854	+
	855	+	HB4346 Enrolled - 24 - LRB103 36391 KTG 66492 b
	856	+
	857	+
	858	+	HB4346 Enrolled- 25 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 25 - LRB103 36391 KTG 66492 b
	859	+	HB4346 Enrolled - 25 - LRB103 36391 KTG 66492 b
	860	+	1 include an annual report on Care Coordination Unit performance
	861	+	2 and adherence to service guidelines and a 6-month supplemental
	862	+	3 report.
	863	+	4 The Department shall conduct a quarterly review of Care
	864	+	5 Coordination Unit performance and adherence to service
	865	+	6 guidelines. The quarterly review shall be reported to the
	866	+	7 Speaker of the House of Representatives, the Minority Leader
	867	+	8 of the House of Representatives, the President of the Senate,
	868	+	9 and the Minority Leader of the Senate. The Department shall
	869	+	10 collect and report longitudinal data on the performance of
	870	+	11 each care coordination unit. Nothing in this paragraph shall
	871	+	12 be construed to require the Department to identify specific
	872	+	13 care coordination units.
	873	+	14 In regard to community care providers, failure to comply
	874	+	15 with Department on Aging policies shall be cause for
	875	+	16 disciplinary action, including, but not limited to,
	876	+	17 disqualification from serving Community Care Program clients.
	877	+	18 Each provider, upon submission of any bill or invoice to the
	878	+	19 Department for payment for services rendered, shall include a
	879	+	20 notarized statement, under penalty of perjury pursuant to
	880	+	21 Section 1-109 of the Code of Civil Procedure, that the
	881	+	22 provider has complied with all Department policies.
	882	+	23 The Director of the Department on Aging shall make
	883	+	24 information available to the State Board of Elections as may
	884	+	25 be required by an agreement the State Board of Elections has
	885	+	26 entered into with a multi-state voter registration list
	886	+
	887	+
	888	+
	889	+
	890	+
	891	+	HB4346 Enrolled - 25 - LRB103 36391 KTG 66492 b
	892	+
	893	+
	894	+	HB4346 Enrolled- 26 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 26 - LRB103 36391 KTG 66492 b
	895	+	HB4346 Enrolled - 26 - LRB103 36391 KTG 66492 b
	896	+	1 maintenance system.
	897	+	2 Within 30 days after July 6, 2017 (the effective date of
	898	+	3 Public Act 100-23), rates shall be increased to $18.29 per
	899	+	4 hour, for the purpose of increasing, by at least $.72 per hour,
	900	+	5 the wages paid by those vendors to their employees who provide
	901	+	6 homemaker services. The Department shall pay an enhanced rate
	902	+	7 under the Community Care Program to those in-home service
	903	+	8 provider agencies that offer health insurance coverage as a
	904	+	9 benefit to their direct service worker employees consistent
	905	+	10 with the mandates of Public Act 95-713. For State fiscal years
	906	+	11 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
	907	+	12 rate shall be adjusted using actuarial analysis based on the
	908	+	13 cost of care, but shall not be set below $1.77 per hour. The
	909	+	14 Department shall adopt rules, including emergency rules under
	910	+	15 subsections (y) and (bb) of Section 5-45 of the Illinois
	911	+	16 Administrative Procedure Act, to implement the provisions of
	912	+	17 this paragraph.
	913	+	18 The Department shall pay an enhanced rate of at least
	914	+	19 $1.77 per unit under the Community Care Program to those
	915	+	20 in-home service provider agencies that offer health insurance
	916	+	21 coverage as a benefit to their direct service worker employees
	917	+	22 pursuant to rules adopted by the Department. The Department
	918	+	23 shall review the enhanced rate as part of its process to rebase
	919	+	24 in-home service provider reimbursement rates pursuant to
	920	+	25 federal waiver requirements. Subject to federal approval,
	921	+	26 beginning on January 1, 2024, rates for adult day services
	922	+
	923	+
	924	+
	925	+
	926	+
	927	+	HB4346 Enrolled - 26 - LRB103 36391 KTG 66492 b
	928	+
	929	+
	930	+	HB4346 Enrolled- 27 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 27 - LRB103 36391 KTG 66492 b
	931	+	HB4346 Enrolled - 27 - LRB103 36391 KTG 66492 b
	932	+	1 shall be increased to $16.84 per hour and rates for each way
	933	+	2 transportation services for adult day services shall be
	934	+	3 increased to $12.44 per unit transportation.
	935	+	4 Subject to federal approval, on and after January 1, 2024,
	936	+	5 rates for homemaker services shall be increased to $28.07 to
	937	+	6 sustain a minimum wage of $17 per hour for direct service
	938	+	7 workers. Rates in subsequent State fiscal years shall be no
	939	+	8 lower than the rates put into effect upon federal approval.
	940	+	9 Providers of in-home services shall be required to certify to
	941	+	10 the Department that they remain in compliance with the
	942	+	11 mandated wage increase for direct service workers. Fringe
	943	+	12 benefits, including, but not limited to, paid time off and
	944	+	13 payment for training, health insurance, travel, or
	945	+	14 transportation, shall not be reduced in relation to the rate
	946	+	15 increases described in this paragraph.
	947	+	16 The General Assembly finds it necessary to authorize an
	948	+	17 aggressive Medicaid enrollment initiative designed to maximize
	949	+	18 federal Medicaid funding for the Community Care Program which
	950	+	19 produces significant savings for the State of Illinois. The
	951	+	20 Department on Aging shall establish and implement a Community
	952	+	21 Care Program Medicaid Initiative. Under the Initiative, the
	953	+	22 Department on Aging shall, at a minimum: (i) provide an
	954	+	23 enhanced rate to adequately compensate care coordination units
	955	+	24 to enroll eligible Community Care Program clients into
	956	+	25 Medicaid; (ii) use recommendations from a stakeholder
	957	+	26 committee on how best to implement the Initiative; and (iii)
	958	+
	959	+
	960	+
	961	+
	962	+
	963	+	HB4346 Enrolled - 27 - LRB103 36391 KTG 66492 b
	964	+
	965	+
	966	+	HB4346 Enrolled- 28 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 28 - LRB103 36391 KTG 66492 b
	967	+	HB4346 Enrolled - 28 - LRB103 36391 KTG 66492 b
	968	+	1 establish requirements for State agencies to make enrollment
	969	+	2 in the State's Medical Assistance program easier for seniors.
	970	+	3 The Community Care Program Medicaid Enrollment Oversight
	971	+	4 Subcommittee is created as a subcommittee of the Older Adult
	972	+	5 Services Advisory Committee established in Section 35 of the
	973	+	6 Older Adult Services Act to make recommendations on how best
	974	+	7 to increase the number of medical assistance recipients who
	975	+	8 are enrolled in the Community Care Program. The Subcommittee
	976	+	9 shall consist of all of the following persons who must be
	977	+	10 appointed within 30 days after June 4, 2018 (the effective
	978	+	11 date of Public Act 100-587) this amendatory Act of the 100th
	979	+	12 General Assembly:
	980	+	13 (1) The Director of Aging, or his or her designee, who
	981	+	14 shall serve as the chairperson of the Subcommittee.
	982	+	15 (2) One representative of the Department of Healthcare
	983	+	16 and Family Services, appointed by the Director of
	984	+	17 Healthcare and Family Services.
	985	+	18 (3) One representative of the Department of Human
	986	+	19 Services, appointed by the Secretary of Human Services.
	987	+	20 (4) One individual representing a care coordination
	988	+	21 unit, appointed by the Director of Aging.
	989	+	22 (5) One individual from a non-governmental statewide
	990	+	23 organization that advocates for seniors, appointed by the
	991	+	24 Director of Aging.
	992	+	25 (6) One individual representing Area Agencies on
	993	+	26 Aging, appointed by the Director of Aging.
	994	+
	995	+
	996	+
	997	+
	998	+
	999	+	HB4346 Enrolled - 28 - LRB103 36391 KTG 66492 b
	1000	+
	1001	+
	1002	+	HB4346 Enrolled- 29 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 29 - LRB103 36391 KTG 66492 b
	1003	+	HB4346 Enrolled - 29 - LRB103 36391 KTG 66492 b
	1004	+	1 (7) One individual from a statewide association
	1005	+	2 dedicated to Alzheimer's care, support, and research,
	1006	+	3 appointed by the Director of Aging.
	1007	+	4 (8) One individual from an organization that employs
	1008	+	5 persons who provide services under the Community Care
	1009	+	6 Program, appointed by the Director of Aging.
	1010	+	7 (9) One member of a trade or labor union representing
	1011	+	8 persons who provide services under the Community Care
	1012	+	9 Program, appointed by the Director of Aging.
	1013	+	10 (10) One member of the Senate, who shall serve as
	1014	+	11 co-chairperson, appointed by the President of the Senate.
	1015	+	12 (11) One member of the Senate, who shall serve as
	1016	+	13 co-chairperson, appointed by the Minority Leader of the
	1017	+	14 Senate.
	1018	+	15 (12) One member of the House of Representatives, who
	1019	+	16 shall serve as co-chairperson, appointed by the Speaker of
	1020	+	17 the House of Representatives.
	1021	+	18 (13) One member of the House of Representatives, who
	1022	+	19 shall serve as co-chairperson, appointed by the Minority
	1023	+	20 Leader of the House of Representatives.
	1024	+	21 (14) One individual appointed by a labor organization
	1025	+	22 representing frontline employees at the Department of
	1026	+	23 Human Services.
	1027	+	24 The Subcommittee shall provide oversight to the Community
	1028	+	25 Care Program Medicaid Initiative and shall meet quarterly. At
	1029	+	26 each Subcommittee meeting the Department on Aging shall
	1030	+
	1031	+
	1032	+
	1033	+
	1034	+
	1035	+	HB4346 Enrolled - 29 - LRB103 36391 KTG 66492 b
	1036	+
	1037	+
	1038	+	HB4346 Enrolled- 30 -LRB103 36391 KTG 66492 b HB4346 Enrolled - 30 - LRB103 36391 KTG 66492 b
	1039	+	HB4346 Enrolled - 30 - LRB103 36391 KTG 66492 b
	1040	+	1 provide the following data sets to the Subcommittee: (A) the
	1041	+	2 number of Illinois residents, categorized by planning and
	1042	+	3 service area, who are receiving services under the Community
	1043	+	4 Care Program and are enrolled in the State's Medical
	1044	+	5 Assistance Program; (B) the number of Illinois residents,
	1045	+	6 categorized by planning and service area, who are receiving
	1046	+	7 services under the Community Care Program, but are not
	1047	+	8 enrolled in the State's Medical Assistance Program; and (C)
	1048	+	9 the number of Illinois residents, categorized by planning and
	1049	+	10 service area, who are receiving services under the Community
	1050	+	11 Care Program and are eligible for benefits under the State's
	1051	+	12 Medical Assistance Program, but are not enrolled in the
	1052	+	13 State's Medical Assistance Program. In addition to this data,
	1053	+	14 the Department on Aging shall provide the Subcommittee with
	1054	+	15 plans on how the Department on Aging will reduce the number of
	1055	+	16 Illinois residents who are not enrolled in the State's Medical
	1056	+	17 Assistance Program but who are eligible for medical assistance
	1057	+	18 benefits. The Department on Aging shall enroll in the State's
	1058	+	19 Medical Assistance Program those Illinois residents who
	1059	+	20 receive services under the Community Care Program and are
	1060	+	21 eligible for medical assistance benefits but are not enrolled
	1061	+	22 in the State's Medicaid Assistance Program. The data provided
	1062	+	23 to the Subcommittee shall be made available to the public via
	1063	+	24 the Department on Aging's website.
	1064	+	25 The Department on Aging, with the involvement of the
	1065	+	26 Subcommittee, shall collaborate with the Department of Human
	1066	+
	1067	+
	1068	+
	1069	+
	1070	+
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	1073	+
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	1075	+	HB4346 Enrolled - 31 - LRB103 36391 KTG 66492 b
	1076	+	1 Services and the Department of Healthcare and Family Services
	1077	+	2 on how best to achieve the responsibilities of the Community
	1078	+	3 Care Program Medicaid Initiative.
	1079	+	4 The Department on Aging, the Department of Human Services,
	1080	+	5 and the Department of Healthcare and Family Services shall
	1081	+	6 coordinate and implement a streamlined process for seniors to
	1082	+	7 access benefits under the State's Medical Assistance Program.
	1083	+	8 The Subcommittee shall collaborate with the Department of
	1084	+	9 Human Services on the adoption of a uniform application
	1085	+	10 submission process. The Department of Human Services and any
	1086	+	11 other State agency involved with processing the medical
	1087	+	12 assistance application of any person enrolled in the Community
	1088	+	13 Care Program shall include the appropriate care coordination
	1089	+	14 unit in all communications related to the determination or
	1090	+	15 status of the application.
	1091	+	16 The Community Care Program Medicaid Initiative shall
	1092	+	17 provide targeted funding to care coordination units to help
	1093	+	18 seniors complete their applications for medical assistance
	1094	+	19 benefits. On and after July 1, 2019, care coordination units
	1095	+	20 shall receive no less than $200 per completed application,
	1096	+	21 which rate may be included in a bundled rate for initial intake
	1097	+	22 services when Medicaid application assistance is provided in
	1098	+	23 conjunction with the initial intake process for new program
	1099	+	24 participants.
	1100	+	25 The Community Care Program Medicaid Initiative shall cease
	1101	+	26 operation 5 years after June 4, 2018 (the effective date of
	1102	+
	1103	+
	1104	+
	1105	+
	1106	+
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	1108	+
	1109	+
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	1111	+	HB4346 Enrolled - 32 - LRB103 36391 KTG 66492 b
	1112	+	1 Public Act 100-587) this amendatory Act of the 100th General
	1113	+	2 Assembly, after which the Subcommittee shall dissolve.
	1114	+	3 Effective July 1, 2023, subject to federal approval, the
	1115	+	4 Department on Aging shall reimburse Care Coordination Units at
	1116	+	5 the following rates for case management services: $252.40 for
	1117	+	6 each initial assessment; $366.40 for each initial assessment
	1118	+	7 with translation; $229.68 for each redetermination assessment;
	1119	+	8 $313.68 for each redetermination assessment with translation;
	1120	+	9 $200.00 for each completed application for medical assistance
	1121	+	10 benefits; $132.26 for each face-to-face, choices-for-care
	1122	+	11 screening; $168.26 for each face-to-face, choices-for-care
	1123	+	12 screening with translation; $124.56 for each 6-month,
	1124	+	13 face-to-face visit; $132.00 for each MCO participant
	1125	+	14 eligibility determination; and $157.00 for each MCO
	1126	+	15 participant eligibility determination with translation.
	1127	+	16 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
	1128	+	17 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
	1129	+	18 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
	1130	+	19 Section 90-5, eff. 1-1-24; revised 12-12-23.)
	1131	+	20 (20 ILCS 105/5.03 new)
	1132	+	21 Sec. 5.03. Judicial review. All final administrative
	1133	+	22 decisions of the Department are subject to judicial review in
	1134	+	23 accordance with the provisions of the Administrative Review
	1135	+	24 Law, and all rules adopted under the Administrative Review
	1136	+	25 Law. The term "administrative decision" is defined as in
	1137	+
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	1152	+	HB4346 Enrolled - 33 - LRB103 36391 KTG 66492 b