Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2760 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2760 Introduced 1/16/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes. LRB103 36466 KTG 66569 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2760 Introduced 1/16/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11 20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02 20 ILCS 105/5.03 new Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes. LRB103 36466 KTG 66569 b LRB103 36466 KTG 66569 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2760 Introduced 1/16/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11 20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02 20 ILCS 105/5.03 new
4	4	20 ILCS 105/3.11
5	5	20 ILCS 105/4.01 from Ch. 23, par. 6104.01
6	6	20 ILCS 105/4.02
7	7	20 ILCS 105/5.03 new
8	8	Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.
9	9	LRB103 36466 KTG 66569 b LRB103 36466 KTG 66569 b
10	10	LRB103 36466 KTG 66569 b
11	11	A BILL FOR
12	12	SB2760LRB103 36466 KTG 66569 b SB2760 LRB103 36466 KTG 66569 b
13	13	SB2760 LRB103 36466 KTG 66569 b
14	14	1 AN ACT concerning State government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Act on the Aging is amended by
18	18	5 changing Sections 3.11, 4.01, and 4.02 and by adding Section
19	19	6 5.03 as follows:
20	20	7 (20 ILCS 105/3.11)
21	21	8 Sec. 3.11. Greatest social need. "Greatest For the
22	22	9 purposes of 89 Ill. Adm. Code 210.50, "greatest social need"
23	23	10 means the need caused by noneconomic factors that restrict an
24	24	11 individual's ability to perform normal daily tasks or that
25	25	12 threaten his or her capacity to live independently. These
26	26	13 factors include, but are not limited to, physical or mental
27	27	14 disability, language barriers, and cultural or social
28	28	15 isolation caused by, among other things, racial and ethnic
29	29	16 status, sexual orientation, gender identity, gender
30	30	17 expression, or HIV status.
31	31	18 (Source: P.A. 101-325, eff. 8-9-19.)
32	32	19 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
33	33	20 Sec. 4.01. Additional powers and duties of the Department.
34	34	21 In addition to powers and duties otherwise provided by law,
35	35	22 the Department shall have the following powers and duties:
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2760 Introduced 1/16/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
40	40	20 ILCS 105/3.1120 ILCS 105/4.01 from Ch. 23, par. 6104.0120 ILCS 105/4.0220 ILCS 105/5.03 new 20 ILCS 105/3.11 20 ILCS 105/4.01 from Ch. 23, par. 6104.01 20 ILCS 105/4.02 20 ILCS 105/5.03 new
41	41	20 ILCS 105/3.11
42	42	20 ILCS 105/4.01 from Ch. 23, par. 6104.01
43	43	20 ILCS 105/4.02
44	44	20 ILCS 105/5.03 new
45	45	Amends the Illinois Act on the Aging. In provisions concerning the Community Care Program (program), removes from the list of program services clearinghouse information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. In a provision requiring the Department on Aging to perform certain actions to increase the effectiveness of the program, removes a requirement that the Department ensure the determination of need tool is accurate in determining program participants' level of need. In a provision concerning pre-service certification for in-home workers who provide housekeeping or home aide services, requires employing agencies to pay wages to in-home workers for pre-service and in-service training. Provides that the Department may authorize (rather than shall delay) program services until an applicant is determined eligible for medical assistance under the Illinois Public Aid Code. Removes a provision requiring the Department to implement co-payments under the program. Requires the Department to make annual (rather than quarterly) reports on care coordination unit performance and adherence to service guidelines. Removes expired rate levels. Requires the Department to pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees. Provides that all final administrative decisions of the Department are subject to judicial review. Makes other changes.
46	46	LRB103 36466 KTG 66569 b LRB103 36466 KTG 66569 b
47	47	LRB103 36466 KTG 66569 b
48	48	A BILL FOR
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54	54	20 ILCS 105/3.11
55	55	20 ILCS 105/4.01 from Ch. 23, par. 6104.01
56	56	20 ILCS 105/4.02
57	57	20 ILCS 105/5.03 new
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76	76	1 (1) To evaluate all programs, services, and facilities for
77	77	2 the aged and for minority senior citizens within the State and
78	78	3 determine the extent to which present public or private
79	79	4 programs, services and facilities meet the needs of the aged.
80	80	5 (2) To coordinate and evaluate all programs, services, and
81	81	6 facilities for the Aging and for minority senior citizens
82	82	7 presently furnished by State agencies and make appropriate
83	83	8 recommendations regarding such services, programs and
84	84	9 facilities to the Governor and/or the General Assembly.
85	85	10 (2-a) To request, receive, and share information
86	86	11 electronically through the use of data-sharing agreements for
87	87	12 the purpose of (i) establishing and verifying the initial and
88	88	13 continuing eligibility of older adults to participate in
89	89	14 programs administered by the Department; (ii) maximizing
90	90	15 federal financial participation in State assistance
91	91	16 expenditures; and (iii) investigating allegations of fraud or
92	92	17 other abuse of publicly funded benefits. Notwithstanding any
93	93	18 other law to the contrary, but only for the limited purposes
94	94	19 identified in the preceding sentence, this paragraph (2-a)
95	95	20 expressly authorizes the exchanges of income, identification,
96	96	21 and other pertinent eligibility information by and among the
97	97	22 Department and the Social Security Administration, the
98	98	23 Department of Employment Security, the Department of
99	99	24 Healthcare and Family Services, the Department of Human
100	100	25 Services, the Department of Revenue, the Secretary of State,
101	101	26 the U.S. Department of Veterans Affairs, and any other
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112	112	1 governmental entity. The confidentiality of information
113	113	2 otherwise shall be maintained as required by law. In addition,
114	114	3 the Department on Aging shall verify employment information at
115	115	4 the request of a community care provider for the purpose of
116	116	5 ensuring program integrity under the Community Care Program.
117	117	6 (3) To function as the sole State agency to develop a
118	118	7 comprehensive plan to meet the needs of the State's senior
119	119	8 citizens and the State's minority senior citizens.
120	120	9 (4) To receive and disburse State and federal funds made
121	121	10 available directly to the Department including those funds
122	122	11 made available under the Older Americans Act and the Senior
123	123	12 Community Service Employment Program for providing services
124	124	13 for senior citizens and minority senior citizens or for
125	125	14 purposes related thereto, and shall develop and administer any
126	126	15 State Plan for the Aging required by federal law.
127	127	16 (5) To solicit, accept, hold, and administer in behalf of
128	128	17 the State any grants or legacies of money, securities, or
129	129	18 property to the State of Illinois for services to senior
130	130	19 citizens and minority senior citizens or purposes related
131	131	20 thereto.
132	132	21 (6) To provide consultation and assistance to communities,
133	133	22 area agencies on aging, and groups developing local services
134	134	23 for senior citizens and minority senior citizens.
135	135	24 (7) To promote community education regarding the problems
136	136	25 of senior citizens and minority senior citizens through
137	137	26 institutes, publications, radio, television and the local
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148	148	1 press.
149	149	2 (8) To cooperate with agencies of the federal government
150	150	3 in studies and conferences designed to examine the needs of
151	151	4 senior citizens and minority senior citizens and to prepare
152	152	5 programs and facilities to meet those needs.
153	153	6 (9) To establish and maintain information and referral
154	154	7 sources throughout the State when not provided by other
155	155	8 agencies.
156	156	9 (10) To provide the staff support that may reasonably be
157	157	10 required by the Council.
158	158	11 (11) To make and enforce rules and regulations necessary
159	159	12 and proper to the performance of its duties.
160	160	13 (12) To establish and fund programs or projects or
161	161	14 experimental facilities that are specially designed as
162	162	15 alternatives to institutional care.
163	163	16 (13) To develop a training program to train the counselors
164	164	17 presently employed by the Department's aging network to
165	165	18 provide Medicare beneficiaries with counseling and advocacy in
166	166	19 Medicare, private health insurance, and related health care
167	167	20 coverage plans. The Department shall report to the General
168	168	21 Assembly on the implementation of the training program on or
169	169	22 before December 1, 1986.
170	170	23 (14) To make a grant to an institution of higher learning
171	171	24 to study the feasibility of establishing and implementing an
172	172	25 affirmative action employment plan for the recruitment,
173	173	26 hiring, training and retraining of persons 60 or more years
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184	184	1 old for jobs for which their employment would not be precluded
185	185	2 by law.
186	186	3 (15) To present one award annually in each of the
187	187	4 categories of community service, education, the performance
188	188	5 and graphic arts, and the labor force to outstanding Illinois
189	189	6 senior citizens and minority senior citizens in recognition of
190	190	7 their individual contributions to either community service,
191	191	8 education, the performance and graphic arts, or the labor
192	192	9 force. The awards shall be presented to 4 senior citizens and
193	193	10 minority senior citizens selected from a list of 44 nominees
194	194	11 compiled annually by the Department. Nominations shall be
195	195	12 solicited from senior citizens' service providers, area
196	196	13 agencies on aging, senior citizens' centers, and senior
197	197	14 citizens' organizations. If there are no nominations in a
198	198	15 category, the Department may award a second person in one of
199	199	16 the remaining categories. The Department shall establish a
200	200	17 central location within the State to be designated as the
201	201	18 Senior Illinoisans Hall of Fame for the public display of all
202	202	19 the annual awards, or replicas thereof.
203	203	20 (16) To establish multipurpose senior centers through area
204	204	21 agencies on aging and to fund those new and existing
205	205	22 multipurpose senior centers through area agencies on aging,
206	206	23 the establishment and funding to begin in such areas of the
207	207	24 State as the Department shall designate by rule and as
208	208	25 specifically appropriated funds become available.
209	209	26 (17) (Blank).
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220	220	1 (18) To develop a pamphlet in English and Spanish which
221	221	2 may be used by physicians licensed to practice medicine in all
222	222	3 of its branches pursuant to the Medical Practice Act of 1987,
223	223	4 pharmacists licensed pursuant to the Pharmacy Practice Act,
224	224	5 and Illinois residents 65 years of age or older for the purpose
225	225	6 of assisting physicians, pharmacists, and patients in
226	226	7 monitoring prescriptions provided by various physicians and to
227	227	8 aid persons 65 years of age or older in complying with
228	228	9 directions for proper use of pharmaceutical prescriptions. The
229	229	10 pamphlet may provide space for recording information including
230	230	11 but not limited to the following:
231	231	12 (a) name and telephone number of the patient;
232	232	13 (b) name and telephone number of the prescribing
233	233	14 physician;
234	234	15 (c) date of prescription;
235	235	16 (d) name of drug prescribed;
236	236	17 (e) directions for patient compliance; and
237	237	18 (f) name and telephone number of dispensing pharmacy.
238	238	19 In developing the pamphlet, the Department shall consult
239	239	20 with the Illinois State Medical Society, the Center for
240	240	21 Minority Health Services, the Illinois Pharmacists Association
241	241	22 and senior citizens organizations. The Department shall
242	242	23 distribute the pamphlets to physicians, pharmacists and
243	243	24 persons 65 years of age or older or various senior citizen
244	244	25 organizations throughout the State.
245	245	26 (19) To conduct a study of the feasibility of implementing
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256	256	1 the Senior Companion Program throughout the State.
257	257	2 (20) The reimbursement rates paid through the community
258	258	3 care program for chore housekeeping services and home care
259	259	4 aides shall be the same.
260	260	5 (21) From funds appropriated to the Department from the
261	261	6 Meals on Wheels Fund, a special fund in the State treasury that
262	262	7 is hereby created, and in accordance with State and federal
263	263	8 guidelines and the intrastate funding formula, to make grants
264	264	9 to area agencies on aging, designated by the Department, for
265	265	10 the sole purpose of delivering meals to homebound persons 60
266	266	11 years of age and older.
267	267	12 (22) To distribute, through its area agencies on aging,
268	268	13 information alerting seniors on safety issues regarding
269	269	14 emergency weather conditions, including extreme heat and cold,
270	270	15 flooding, tornadoes, electrical storms, and other severe storm
271	271	16 weather. The information shall include all necessary
272	272	17 instructions for safety and all emergency telephone numbers of
273	273	18 organizations that will provide additional information and
274	274	19 assistance.
275	275	20 (23) To develop guidelines for the organization and
276	276	21 implementation of Volunteer Services Credit Programs to be
277	277	22 administered by Area Agencies on Aging or community based
278	278	23 senior service organizations. The Department shall hold public
279	279	24 hearings on the proposed guidelines for public comment,
280	280	25 suggestion, and determination of public interest. The
281	281	26 guidelines shall be based on the findings of other states and
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292	292	1 of community organizations in Illinois that are currently
293	293	2 operating volunteer services credit programs or demonstration
294	294	3 volunteer services credit programs. The Department shall offer
295	295	4 guidelines for all aspects of the programs including, but not
296	296	5 limited to, the following:
297	297	6 (a) types of services to be offered by volunteers;
298	298	7 (b) types of services to be received upon the
299	299	8 redemption of service credits;
300	300	9 (c) issues of liability for the volunteers and the
301	301	10 administering organizations;
302	302	11 (d) methods of tracking service credits earned and
303	303	12 service credits redeemed;
304	304	13 (e) issues of time limits for redemption of service
305	305	14 credits;
306	306	15 (f) methods of recruitment of volunteers;
307	307	16 (g) utilization of community volunteers, community
308	308	17 service groups, and other resources for delivering
309	309	18 services to be received by service credit program clients;
310	310	19 (h) accountability and assurance that services will be
311	311	20 available to individuals who have earned service credits;
312	312	21 and
313	313	22 (i) volunteer screening and qualifications.
314	314	23 The Department shall submit a written copy of the guidelines
315	315	24 to the General Assembly by July 1, 1998.
316	316	25 (24) To function as the sole State agency to receive and
317	317	26 disburse State and federal funds for providing adult
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328	328	1 protective services in a domestic living situation in
329	329	2 accordance with the Adult Protective Services Act.
330	330	3 (25) To hold conferences, trainings, and other programs
331	331	4 for which the Department shall determine by rule a reasonable
332	332	5 fee to cover related administrative costs. Rules to implement
333	333	6 the fee authority granted by this paragraph (25) must be
334	334	7 adopted in accordance with all provisions of the Illinois
335	335	8 Administrative Procedure Act and all rules and procedures of
336	336	9 the Joint Committee on Administrative Rules; any purported
337	337	10 rule not so adopted, for whatever reason, is unauthorized.
338	338	11 (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
339	339	12 eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
340	340	13 (20 ILCS 105/4.02)
341	341	14 Sec. 4.02. Community Care Program. The Department shall
342	342	15 establish a program of services to prevent unnecessary
343	343	16 institutionalization of persons age 60 and older in need of
344	344	17 long term care or who are established as persons who suffer
345	345	18 from Alzheimer's disease or a related disorder under the
346	346	19 Alzheimer's Disease Assistance Act, thereby enabling them to
347	347	20 remain in their own homes or in other living arrangements.
348	348	21 Such preventive services, which may be coordinated with other
349	349	22 programs for the aged and monitored by area agencies on aging
350	350	23 in cooperation with the Department, may include, but are not
351	351	24 limited to, any or all of the following:
352	352	25 (a) (blank);
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363	363	1 (b) (blank);
364	364	2 (c) home care aide services;
365	365	3 (d) personal assistant services;
366	366	4 (e) adult day services;
367	367	5 (f) home-delivered meals;
368	368	6 (g) education in self-care;
369	369	7 (h) personal care services;
370	370	8 (i) adult day health services;
371	371	9 (j) habilitation services;
372	372	10 (k) respite care;
373	373	11 (k-5) community reintegration services;
374	374	12 (k-6) flexible senior services;
375	375	13 (k-7) medication management;
376	376	14 (k-8) emergency home response;
377	377	15 (l) other nonmedical social services that may enable
378	378	16 the person to become self-supporting; or
379	379	17 (m) (blank). clearinghouse for information provided by
380	380	18 senior citizen home owners who want to rent rooms to or
381	381	19 share living space with other senior citizens.
382	382	20 The Department shall establish eligibility standards for
383	383	21 such services. In determining the amount and nature of
384	384	22 services for which a person may qualify, consideration shall
385	385	23 not be given to the value of cash, property, or other assets
386	386	24 held in the name of the person's spouse pursuant to a written
387	387	25 agreement dividing marital property into equal but separate
388	388	26 shares or pursuant to a transfer of the person's interest in a
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399	399	1 home to his spouse, provided that the spouse's share of the
400	400	2 marital property is not made available to the person seeking
401	401	3 such services.
402	402	4 The Beginning January 1, 2008, the Department shall
403	403	5 require as a condition of eligibility that all new financially
404	404	6 eligible applicants apply for and enroll in medical assistance
405	405	7 under Article V of the Illinois Public Aid Code in accordance
406	406	8 with rules promulgated by the Department.
407	407	9 The Department shall, in conjunction with the Department
408	408	10 of Public Aid (now Department of Healthcare and Family
409	409	11 Services), seek appropriate amendments under Sections 1915 and
410	410	12 1924 of the Social Security Act. The purpose of the amendments
411	411	13 shall be to extend eligibility for home and community based
412	412	14 services under Sections 1915 and 1924 of the Social Security
413	413	15 Act to persons who transfer to or for the benefit of a spouse
414	414	16 those amounts of income and resources allowed under Section
415	415	17 1924 of the Social Security Act. Subject to the approval of
416	416	18 such amendments, the Department shall extend the provisions of
417	417	19 Section 5-4 of the Illinois Public Aid Code to persons who, but
418	418	20 for the provision of home or community-based services, would
419	419	21 require the level of care provided in an institution, as is
420	420	22 provided for in federal law. Those persons no longer found to
421	421	23 be eligible for receiving noninstitutional services due to
422	422	24 changes in the eligibility criteria shall be given 45 days
423	423	25 notice prior to actual termination. Those persons receiving
424	424	26 notice of termination may contact the Department and request
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431	431
432	432
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435	435	1 the determination be appealed at any time during the 45 day
436	436	2 notice period. The target population identified for the
437	437	3 purposes of this Section are persons age 60 and older with an
438	438	4 identified service need. Priority shall be given to those who
439	439	5 are at imminent risk of institutionalization. The services
440	440	6 shall be provided to eligible persons age 60 and older to the
441	441	7 extent that the cost of the services together with the other
442	442	8 personal maintenance expenses of the persons are reasonably
443	443	9 related to the standards established for care in a group
444	444	10 facility appropriate to the person's condition. These
445	445	11 non-institutional services, pilot projects, or experimental
446	446	12 facilities may be provided as part of or in addition to those
447	447	13 authorized by federal law or those funded and administered by
448	448	14 the Department of Human Services. The Departments of Human
449	449	15 Services, Healthcare and Family Services, Public Health,
450	450	16 Veterans' Affairs, and Commerce and Economic Opportunity and
451	451	17 other appropriate agencies of State, federal, and local
452	452	18 governments shall cooperate with the Department on Aging in
453	453	19 the establishment and development of the non-institutional
454	454	20 services. The Department shall require an annual audit from
455	455	21 all personal assistant and home care aide vendors contracting
456	456	22 with the Department under this Section. The annual audit shall
457	457	23 assure that each audited vendor's procedures are in compliance
458	458	24 with Department's financial reporting guidelines requiring an
459	459	25 administrative and employee wage and benefits cost split as
460	460	26 defined in administrative rules. The audit is a public record
461	461
462	462
463	463
464	464
465	465
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467	467
468	468
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470	470	SB2760 - 13 - LRB103 36466 KTG 66569 b
471	471	1 under the Freedom of Information Act. The Department shall
472	472	2 execute, relative to the nursing home prescreening project,
473	473	3 written inter-agency agreements with the Department of Human
474	474	4 Services and the Department of Healthcare and Family Services,
475	475	5 to effect the following: (1) intake procedures and common
476	476	6 eligibility criteria for those persons who are receiving
477	477	7 non-institutional services; and (2) the establishment and
478	478	8 development of non-institutional services in areas of the
479	479	9 State where they are not currently available or are
480	480	10 undeveloped. On and after July 1, 1996, all nursing home
481	481	11 prescreenings for individuals 60 years of age or older shall
482	482	12 be conducted by the Department.
483	483	13 As part of the Department on Aging's routine training of
484	484	14 case managers and case manager supervisors, the Department may
485	485	15 include information on family futures planning for persons who
486	486	16 are age 60 or older and who are caregivers of their adult
487	487	17 children with developmental disabilities. The content of the
488	488	18 training shall be at the Department's discretion.
489	489	19 The Department is authorized to establish a system of
490	490	20 recipient copayment for services provided under this Section,
491	491	21 such copayment to be based upon the recipient's ability to pay
492	492	22 but in no case to exceed the actual cost of the services
493	493	23 provided. Additionally, any portion of a person's income which
494	494	24 is equal to or less than the federal poverty standard shall not
495	495	25 be considered by the Department in determining the copayment.
496	496	26 The level of such copayment shall be adjusted whenever
497	497
498	498
499	499
500	500
501	501
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503	503
504	504
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506	506	SB2760 - 14 - LRB103 36466 KTG 66569 b
507	507	1 necessary to reflect any change in the officially designated
508	508	2 federal poverty standard.
509	509	3 The Department, or the Department's authorized
510	510	4 representative, may recover the amount of moneys expended for
511	511	5 services provided to or in behalf of a person under this
512	512	6 Section by a claim against the person's estate or against the
513	513	7 estate of the person's surviving spouse, but no recovery may
514	514	8 be had until after the death of the surviving spouse, if any,
515	515	9 and then only at such time when there is no surviving child who
516	516	10 is under age 21 or blind or who has a permanent and total
517	517	11 disability. This paragraph, however, shall not bar recovery,
518	518	12 at the death of the person, of moneys for services provided to
519	519	13 the person or in behalf of the person under this Section to
520	520	14 which the person was not entitled; provided that such recovery
521	521	15 shall not be enforced against any real estate while it is
522	522	16 occupied as a homestead by the surviving spouse or other
523	523	17 dependent, if no claims by other creditors have been filed
524	524	18 against the estate, or, if such claims have been filed, they
525	525	19 remain dormant for failure of prosecution or failure of the
526	526	20 claimant to compel administration of the estate for the
527	527	21 purpose of payment. This paragraph shall not bar recovery from
528	528	22 the estate of a spouse, under Sections 1915 and 1924 of the
529	529	23 Social Security Act and Section 5-4 of the Illinois Public Aid
530	530	24 Code, who precedes a person receiving services under this
531	531	25 Section in death. All moneys for services paid to or in behalf
532	532	26 of the person under this Section shall be claimed for recovery
533	533
534	534
535	535
536	536
537	537
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539	539
540	540
541	541	SB2760- 15 -LRB103 36466 KTG 66569 b SB2760 - 15 - LRB103 36466 KTG 66569 b
542	542	SB2760 - 15 - LRB103 36466 KTG 66569 b
543	543	1 from the deceased spouse's estate. "Homestead", as used in
544	544	2 this paragraph, means the dwelling house and contiguous real
545	545	3 estate occupied by a surviving spouse or relative, as defined
546	546	4 by the rules and regulations of the Department of Healthcare
547	547	5 and Family Services, regardless of the value of the property.
548	548	6 The Department shall increase the effectiveness of the
549	549	7 existing Community Care Program by:
550	550	8 (1) ensuring that in-home services included in the
551	551	9 care plan are available on evenings and weekends;
552	552	10 (2) ensuring that care plans contain the services that
553	553	11 eligible participants need based on the number of days in
554	554	12 a month, not limited to specific blocks of time, as
555	555	13 identified by the comprehensive assessment tool selected
556	556	14 by the Department for use statewide, not to exceed the
557	557	15 total monthly service cost maximum allowed for each
558	558	16 service; the Department shall develop administrative rules
559	559	17 to implement this item (2);
560	560	18 (3) ensuring that the participants have the right to
561	561	19 choose the services contained in their care plan and to
562	562	20 direct how those services are provided, based on
563	563	21 administrative rules established by the Department;
564	564	22 (4) (blank); ensuring that the determination of need
565	565	23 tool is accurate in determining the participants' level of
566	566	24 need; to achieve this, the Department, in conjunction with
567	567	25 the Older Adult Services Advisory Committee, shall
568	568	26 institute a study of the relationship between the
569	569
570	570
571	571
572	572
573	573
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575	575
576	576
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578	578	SB2760 - 16 - LRB103 36466 KTG 66569 b
579	579	1 Determination of Need scores, level of need, service cost
580	580	2 maximums, and the development and utilization of service
581	581	3 plans no later than May 1, 2008; findings and
582	582	4 recommendations shall be presented to the Governor and the
583	583	5 General Assembly no later than January 1, 2009;
584	584	6 recommendations shall include all needed changes to the
585	585	7 service cost maximums schedule and additional covered
586	586	8 services;
587	587	9 (5) ensuring that homemakers can provide personal care
588	588	10 services that may or may not involve contact with clients,
589	589	11 including, but not limited to:
590	590	12 (A) bathing;
591	591	13 (B) grooming;
592	592	14 (C) toileting;
593	593	15 (D) nail care;
594	594	16 (E) transferring;
595	595	17 (F) respiratory services;
596	596	18 (G) exercise; or
597	597	19 (H) positioning;
598	598	20 (6) ensuring that homemaker program vendors are not
599	599	21 restricted from hiring homemakers who are family members
600	600	22 of clients or recommended by clients; the Department may
601	601	23 not, by rule or policy, require homemakers who are family
602	602	24 members of clients or recommended by clients to accept
603	603	25 assignments in homes other than the client;
604	604	26 (7) ensuring that the State may access maximum federal
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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614	614	SB2760 - 17 - LRB103 36466 KTG 66569 b
615	615	1 matching funds by seeking approval for the Centers for
616	616	2 Medicare and Medicaid Services for modifications to the
617	617	3 State's home and community based services waiver and
618	618	4 additional waiver opportunities, including applying for
619	619	5 enrollment in the Balance Incentive Payment Program by May
620	620	6 1, 2013, in order to maximize federal matching funds; this
621	621	7 shall include, but not be limited to, modification that
622	622	8 reflects all changes in the Community Care Program
623	623	9 services and all increases in the services cost maximum;
624	624	10 (8) ensuring that the determination of need tool
625	625	11 accurately reflects the service needs of individuals with
626	626	12 Alzheimer's disease and related dementia disorders;
627	627	13 (9) ensuring that services are authorized accurately
628	628	14 and consistently for the Community Care Program (CCP); the
629	629	15 Department shall implement a Service Authorization policy
630	630	16 directive; the purpose shall be to ensure that eligibility
631	631	17 and services are authorized accurately and consistently in
632	632	18 the CCP program; the policy directive shall clarify
633	633	19 service authorization guidelines to Care Coordination
634	634	20 Units and Community Care Program providers no later than
635	635	21 May 1, 2013;
636	636	22 (10) working in conjunction with Care Coordination
637	637	23 Units, the Department of Healthcare and Family Services,
638	638	24 the Department of Human Services, Community Care Program
639	639	25 providers, and other stakeholders to make improvements to
640	640	26 the Medicaid claiming processes and the Medicaid
641	641
642	642
643	643
644	644
645	645
646	646	SB2760 - 17 - LRB103 36466 KTG 66569 b
647	647
648	648
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650	650	SB2760 - 18 - LRB103 36466 KTG 66569 b
651	651	1 enrollment procedures or requirements as needed,
652	652	2 including, but not limited to, specific policy changes or
653	653	3 rules to improve the up-front enrollment of participants
654	654	4 in the Medicaid program and specific policy changes or
655	655	5 rules to insure more prompt submission of bills to the
656	656	6 federal government to secure maximum federal matching
657	657	7 dollars as promptly as possible; the Department on Aging
658	658	8 shall have at least 3 meetings with stakeholders by
659	659	9 January 1, 2014 in order to address these improvements;
660	660	10 (11) requiring home care service providers to comply
661	661	11 with the rounding of hours worked provisions under the
662	662	12 federal Fair Labor Standards Act (FLSA) and as set forth
663	663	13 in 29 CFR 785.48(b) by May 1, 2013;
664	664	14 (12) implementing any necessary policy changes or
665	665	15 promulgating any rules, no later than January 1, 2014, to
666	666	16 assist the Department of Healthcare and Family Services in
667	667	17 moving as many participants as possible, consistent with
668	668	18 federal regulations, into coordinated care plans if a care
669	669	19 coordination plan that covers long term care is available
670	670	20 in the recipient's area; and
671	671	21 (13) (blank). maintaining fiscal year 2014 rates at
672	672	22 the same level established on January 1, 2013.
673	673	23 By January 1, 2009 or as soon after the end of the Cash and
674	674	24 Counseling Demonstration Project as is practicable, the
675	675	25 Department may, based on its evaluation of the demonstration
676	676	26 project, promulgate rules concerning personal assistant
677	677
678	678
679	679
680	680
681	681
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683	683
684	684
685	685	SB2760- 19 -LRB103 36466 KTG 66569 b SB2760 - 19 - LRB103 36466 KTG 66569 b
686	686	SB2760 - 19 - LRB103 36466 KTG 66569 b
687	687	1 services, to include, but need not be limited to,
688	688	2 qualifications, employment screening, rights under fair labor
689	689	3 standards, training, fiduciary agent, and supervision
690	690	4 requirements. All applicants shall be subject to the
691	691	5 provisions of the Health Care Worker Background Check Act.
692	692	6 The Department shall develop procedures to enhance
693	693	7 availability of services on evenings, weekends, and on an
694	694	8 emergency basis to meet the respite needs of caregivers.
695	695	9 Procedures shall be developed to permit the utilization of
696	696	10 services in successive blocks of 24 hours up to the monthly
697	697	11 maximum established by the Department. Workers providing these
698	698	12 services shall be appropriately trained.
699	699	13 No Beginning on the effective date of this amendatory Act
700	700	14 of 1991, no person may perform chore/housekeeping and home
701	701	15 care aide services under a program authorized by this Section
702	702	16 unless that person has been issued a certificate of
703	703	17 pre-service to do so by his or her employing agency.
704	704	18 Information gathered to effect such certification shall
705	705	19 include (i) the person's name, (ii) the date the person was
706	706	20 hired by his or her current employer, and (iii) the training,
707	707	21 including dates and levels. Persons engaged in the program
708	708	22 authorized by this Section before the effective date of this
709	709	23 amendatory Act of 1991 shall be issued a certificate of all
710	710	24 pre-service pre- and in-service training from his or her
711	711	25 employer upon submitting the necessary information. The
712	712	26 employing agency shall be required to retain records of all
713	713
714	714
715	715
716	716
717	717
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719	719
720	720
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722	722	SB2760 - 20 - LRB103 36466 KTG 66569 b
723	723	1 staff pre-service pre- and in-service training, and shall
724	724	2 provide such records to the Department upon request and upon
725	725	3 termination of the employer's contract with the Department. In
726	726	4 addition, the employing agency is responsible for the issuance
727	727	5 of certifications of in-service training completed to their
728	728	6 employees as well as paying wages to the in-home workers for
729	729	7 pre-service and in-service training.
730	730	8 The Department is required to develop a system to ensure
731	731	9 that persons working as home care aides and personal
732	732	10 assistants receive increases in their wages when the federal
733	733	11 minimum wage is increased by requiring vendors to certify that
734	734	12 they are meeting the federal minimum wage statute for home
735	735	13 care aides and personal assistants. An employer that cannot
736	736	14 ensure that the minimum wage increase is being given to home
737	737	15 care aides and personal assistants shall be denied any
738	738	16 increase in reimbursement costs.
739	739	17 The Community Care Program Advisory Committee is created
740	740	18 in the Department on Aging. The Director shall appoint
741	741	19 individuals to serve in the Committee, who shall serve at
742	742	20 their own expense. Members of the Committee must abide by all
743	743	21 applicable ethics laws. The Committee shall advise the
744	744	22 Department on issues related to the Department's program of
745	745	23 services to prevent unnecessary institutionalization. The
746	746	24 Committee shall meet on a bi-monthly basis and shall serve to
747	747	25 identify and advise the Department on present and potential
748	748	26 issues affecting the service delivery network, the program's
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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758	758	SB2760 - 21 - LRB103 36466 KTG 66569 b
759	759	1 clients, and the Department and to recommend solution
760	760	2 strategies. Persons appointed to the Committee shall be
761	761	3 appointed on, but not limited to, their own and their agency's
762	762	4 experience with the program, geographic representation, and
763	763	5 willingness to serve. The Director shall appoint members to
764	764	6 the Committee to represent provider, advocacy, policy
765	765	7 research, and other constituencies committed to the delivery
766	766	8 of high quality home and community-based services to older
767	767	9 adults. Representatives shall be appointed to ensure
768	768	10 representation from community care providers, including, but
769	769	11 not limited to, adult day service providers, homemaker
770	770	12 providers, case coordination and case management units,
771	771	13 emergency home response providers, statewide trade or labor
772	772	14 unions that represent home care aides and direct care staff,
773	773	15 area agencies on aging, adults over age 60, membership
774	774	16 organizations representing older adults, and other
775	775	17 organizational entities, providers of care, or individuals
776	776	18 with demonstrated interest and expertise in the field of home
777	777	19 and community care as determined by the Director.
778	778	20 Nominations may be presented from any agency or State
779	779	21 association with interest in the program. The Director, or his
780	780	22 or her designee, shall serve as the permanent co-chair of the
781	781	23 advisory committee. One other co-chair shall be nominated and
782	782	24 approved by the members of the committee on an annual basis.
783	783	25 Committee members' terms of appointment shall be for 4 years
784	784	26 with one-quarter of the appointees' terms expiring each year.
785	785
786	786
787	787
788	788
789	789
790	790	SB2760 - 21 - LRB103 36466 KTG 66569 b
791	791
792	792
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794	794	SB2760 - 22 - LRB103 36466 KTG 66569 b
795	795	1 A member shall continue to serve until his or her replacement
796	796	2 is named. The Department shall fill vacancies that have a
797	797	3 remaining term of over one year, and this replacement shall
798	798	4 occur through the annual replacement of expiring terms. The
799	799	5 Director shall designate Department staff to provide technical
800	800	6 assistance and staff support to the committee. Department
801	801	7 representation shall not constitute membership of the
802	802	8 committee. All Committee papers, issues, recommendations,
803	803	9 reports, and meeting memoranda are advisory only. The
804	804	10 Director, or his or her designee, shall make a written report,
805	805	11 as requested by the Committee, regarding issues before the
806	806	12 Committee.
807	807	13 The Department on Aging and the Department of Human
808	808	14 Services shall cooperate in the development and submission of
809	809	15 an annual report on programs and services provided under this
810	810	16 Section. Such joint report shall be filed with the Governor
811	811	17 and the General Assembly on or before March 31 of the following
812	812	18 fiscal year.
813	813	19 The requirement for reporting to the General Assembly
814	814	20 shall be satisfied by filing copies of the report as required
815	815	21 by Section 3.1 of the General Assembly Organization Act and
816	816	22 filing such additional copies with the State Government Report
817	817	23 Distribution Center for the General Assembly as is required
818	818	24 under paragraph (t) of Section 7 of the State Library Act.
819	819	25 Those persons previously found eligible for receiving
820	820	26 non-institutional services whose services were discontinued
821	821
822	822
823	823
824	824
825	825
826	826	SB2760 - 22 - LRB103 36466 KTG 66569 b
827	827
828	828
829	829	SB2760- 23 -LRB103 36466 KTG 66569 b SB2760 - 23 - LRB103 36466 KTG 66569 b
830	830	SB2760 - 23 - LRB103 36466 KTG 66569 b
831	831	1 under the Emergency Budget Act of Fiscal Year 1992, and who do
832	832	2 not meet the eligibility standards in effect on or after July
833	833	3 1, 1992, shall remain ineligible on and after July 1, 1992.
834	834	4 Those persons previously not required to cost-share and who
835	835	5 were required to cost-share effective March 1, 1992, shall
836	836	6 continue to meet cost-share requirements on and after July 1,
837	837	7 1992. Beginning July 1, 1992, all clients will be required to
838	838	8 meet eligibility, cost-share, and other requirements and will
839	839	9 have services discontinued or altered when they fail to meet
840	840	10 these requirements.
841	841	11 For the purposes of this Section, "flexible senior
842	842	12 services" refers to services that require one-time or periodic
843	843	13 expenditures, including, but not limited to, respite care,
844	844	14 home modification, assistive technology, housing assistance,
845	845	15 and transportation.
846	846	16 The Department shall implement an electronic service
847	847	17 verification based on global positioning systems or other
848	848	18 cost-effective technology for the Community Care Program no
849	849	19 later than January 1, 2014.
850	850	20 The Department shall require, as a condition of
851	851	21 eligibility, application for enrollment in the medical
852	852	22 assistance program under Article V of the Illinois Public Aid
853	853	23 Code (i) beginning August 1, 2013, if the Auditor General has
854	854	24 reported that the Department has failed to comply with the
855	855	25 reporting requirements of Section 2-27 of the Illinois State
856	856	26 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
857	857
858	858
859	859
860	860
861	861
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863	863
864	864
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866	866	SB2760 - 24 - LRB103 36466 KTG 66569 b
867	867	1 General has reported that the Department has not undertaken
868	868	2 the required actions listed in the report required by
869	869	3 subsection (a) of Section 2-27 of the Illinois State Auditing
870	870	4 Act.
871	871	5 The Department may authorize shall delay Community Care
872	872	6 Program services until an applicant is determined eligible for
873	873	7 medical assistance under Article V of the Illinois Public Aid
874	874	8 Code (i) beginning August 1, 2013, if the Auditor General has
875	875	9 reported that the Department has failed to comply with the
876	876	10 reporting requirements of Section 2-27 of the Illinois State
877	877	11 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
878	878	12 General has reported that the Department has not undertaken
879	879	13 the required actions listed in the report required by
880	880	14 subsection (a) of Section 2-27 of the Illinois State Auditing
881	881	15 Act.
882	882	16 The Department shall implement co-payments for the
883	883	17 Community Care Program at the federally allowable maximum
884	884	18 level (i) beginning August 1, 2013, if the Auditor General has
885	885	19 reported that the Department has failed to comply with the
886	886	20 reporting requirements of Section 2-27 of the Illinois State
887	887	21 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
888	888	22 General has reported that the Department has not undertaken
889	889	23 the required actions listed in the report required by
890	890	24 subsection (a) of Section 2-27 of the Illinois State Auditing
891	891	25 Act.
892	892	26 The Department shall continue to provide other Community
893	893
894	894
895	895
896	896
897	897
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899	899
900	900
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902	902	SB2760 - 25 - LRB103 36466 KTG 66569 b
903	903	1 Care Program reports as required by statute, which shall
904	904	2 include an annual report on Care Coordination Unit performance
905	905	3 and adherence to service guidelines.
906	906	4 The Department shall conduct a quarterly review of Care
907	907	5 Coordination Unit performance and adherence to service
908	908	6 guidelines. The quarterly review shall be reported to the
909	909	7 Speaker of the House of Representatives, the Minority Leader
910	910	8 of the House of Representatives, the President of the Senate,
911	911	9 and the Minority Leader of the Senate. The Department shall
912	912	10 collect and report longitudinal data on the performance of
913	913	11 each care coordination unit. Nothing in this paragraph shall
914	914	12 be construed to require the Department to identify specific
915	915	13 care coordination units.
916	916	14 In regard to community care providers, failure to comply
917	917	15 with Department on Aging policies shall be cause for
918	918	16 disciplinary action, including, but not limited to,
919	919	17 disqualification from serving Community Care Program clients.
920	920	18 Each provider, upon submission of any bill or invoice to the
921	921	19 Department for payment for services rendered, shall include a
922	922	20 notarized statement, under penalty of perjury pursuant to
923	923	21 Section 1-109 of the Code of Civil Procedure, that the
924	924	22 provider has complied with all Department policies.
925	925	23 The Director of the Department on Aging shall make
926	926	24 information available to the State Board of Elections as may
927	927	25 be required by an agreement the State Board of Elections has
928	928	26 entered into with a multi-state voter registration list
929	929
930	930
931	931
932	932
933	933
934	934	SB2760 - 25 - LRB103 36466 KTG 66569 b
935	935
936	936
937	937	SB2760- 26 -LRB103 36466 KTG 66569 b SB2760 - 26 - LRB103 36466 KTG 66569 b
938	938	SB2760 - 26 - LRB103 36466 KTG 66569 b
939	939	1 maintenance system.
940	940	2 Within 30 days after July 6, 2017 (the effective date of
941	941	3 Public Act 100-23), rates shall be increased to $18.29 per
942	942	4 hour, for the purpose of increasing, by at least $.72 per hour,
943	943	5 the wages paid by those vendors to their employees who provide
944	944	6 homemaker services. The Department shall pay an enhanced rate
945	945	7 under the Community Care Program to those in-home service
946	946	8 provider agencies that offer health insurance coverage as a
947	947	9 benefit to their direct service worker employees consistent
948	948	10 with the mandates of Public Act 95-713. For State fiscal years
949	949	11 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
950	950	12 rate shall be adjusted using actuarial analysis based on the
951	951	13 cost of care, but shall not be set below $1.77 per hour. The
952	952	14 Department shall adopt rules, including emergency rules under
953	953	15 subsections (y) and (bb) of Section 5-45 of the Illinois
954	954	16 Administrative Procedure Act, to implement the provisions of
955	955	17 this paragraph.
956	956	18 The Department shall pay an enhanced rate under the
957	957	19 Community Care Program to those in-home service provider
958	958	20 agencies that offer health insurance coverage as a benefit to
959	959	21 their direct service worker employees pursuant to rules
960	960	22 adopted by the Department. Subject to federal approval,
961	961	23 beginning on January 1, 2024, rates for adult day services
962	962	24 shall be increased to $16.84 per hour and rates for each way
963	963	25 transportation services for adult day services shall be
964	964	26 increased to $12.44 per unit transportation.
965	965
966	966
967	967
968	968
969	969
970	970	SB2760 - 26 - LRB103 36466 KTG 66569 b
971	971
972	972
973	973	SB2760- 27 -LRB103 36466 KTG 66569 b SB2760 - 27 - LRB103 36466 KTG 66569 b
974	974	SB2760 - 27 - LRB103 36466 KTG 66569 b
975	975	1 Subject to federal approval, on and after January 1, 2024,
976	976	2 rates for homemaker services shall be increased to $28.07 to
977	977	3 sustain a minimum wage of $17 per hour for direct service
978	978	4 workers. Rates in subsequent State fiscal years shall be no
979	979	5 lower than the rates put into effect upon federal approval.
980	980	6 Providers of in-home services shall be required to certify to
981	981	7 the Department that they remain in compliance with the
982	982	8 mandated wage increase for direct service workers. Fringe
983	983	9 benefits, including, but not limited to, paid time off and
984	984	10 payment for training, health insurance, travel, or
985	985	11 transportation, shall not be reduced in relation to the rate
986	986	12 increases described in this paragraph.
987	987	13 The General Assembly finds it necessary to authorize an
988	988	14 aggressive Medicaid enrollment initiative designed to maximize
989	989	15 federal Medicaid funding for the Community Care Program which
990	990	16 produces significant savings for the State of Illinois. The
991	991	17 Department on Aging shall establish and implement a Community
992	992	18 Care Program Medicaid Initiative. Under the Initiative, the
993	993	19 Department on Aging shall, at a minimum: (i) provide an
994	994	20 enhanced rate to adequately compensate care coordination units
995	995	21 to enroll eligible Community Care Program clients into
996	996	22 Medicaid; (ii) use recommendations from a stakeholder
997	997	23 committee on how best to implement the Initiative; and (iii)
998	998	24 establish requirements for State agencies to make enrollment
999	999	25 in the State's Medical Assistance program easier for seniors.
1000	1000	26 The Community Care Program Medicaid Enrollment Oversight
1001	1001
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006	SB2760 - 27 - LRB103 36466 KTG 66569 b
1007	1007
1008	1008
1009	1009	SB2760- 28 -LRB103 36466 KTG 66569 b SB2760 - 28 - LRB103 36466 KTG 66569 b
1010	1010	SB2760 - 28 - LRB103 36466 KTG 66569 b
1011	1011	1 Subcommittee is created as a subcommittee of the Older Adult
1012	1012	2 Services Advisory Committee established in Section 35 of the
1013	1013	3 Older Adult Services Act to make recommendations on how best
1014	1014	4 to increase the number of medical assistance recipients who
1015	1015	5 are enrolled in the Community Care Program. The Subcommittee
1016	1016	6 shall consist of all of the following persons who must be
1017	1017	7 appointed within 30 days after June 4, 2018 (the effective
1018	1018	8 date of Public Act 100-587) this amendatory Act of the 100th
1019	1019	9 General Assembly:
1020	1020	10 (1) The Director of Aging, or his or her designee, who
1021	1021	11 shall serve as the chairperson of the Subcommittee.
1022	1022	12 (2) One representative of the Department of Healthcare
1023	1023	13 and Family Services, appointed by the Director of
1024	1024	14 Healthcare and Family Services.
1025	1025	15 (3) One representative of the Department of Human
1026	1026	16 Services, appointed by the Secretary of Human Services.
1027	1027	17 (4) One individual representing a care coordination
1028	1028	18 unit, appointed by the Director of Aging.
1029	1029	19 (5) One individual from a non-governmental statewide
1030	1030	20 organization that advocates for seniors, appointed by the
1031	1031	21 Director of Aging.
1032	1032	22 (6) One individual representing Area Agencies on
1033	1033	23 Aging, appointed by the Director of Aging.
1034	1034	24 (7) One individual from a statewide association
1035	1035	25 dedicated to Alzheimer's care, support, and research,
1036	1036	26 appointed by the Director of Aging.
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	SB2760 - 28 - LRB103 36466 KTG 66569 b
1043	1043
1044	1044
1045	1045	SB2760- 29 -LRB103 36466 KTG 66569 b SB2760 - 29 - LRB103 36466 KTG 66569 b
1046	1046	SB2760 - 29 - LRB103 36466 KTG 66569 b
1047	1047	1 (8) One individual from an organization that employs
1048	1048	2 persons who provide services under the Community Care
1049	1049	3 Program, appointed by the Director of Aging.
1050	1050	4 (9) One member of a trade or labor union representing
1051	1051	5 persons who provide services under the Community Care
1052	1052	6 Program, appointed by the Director of Aging.
1053	1053	7 (10) One member of the Senate, who shall serve as
1054	1054	8 co-chairperson, appointed by the President of the Senate.
1055	1055	9 (11) One member of the Senate, who shall serve as
1056	1056	10 co-chairperson, appointed by the Minority Leader of the
1057	1057	11 Senate.
1058	1058	12 (12) One member of the House of Representatives, who
1059	1059	13 shall serve as co-chairperson, appointed by the Speaker of
1060	1060	14 the House of Representatives.
1061	1061	15 (13) One member of the House of Representatives, who
1062	1062	16 shall serve as co-chairperson, appointed by the Minority
1063	1063	17 Leader of the House of Representatives.
1064	1064	18 (14) One individual appointed by a labor organization
1065	1065	19 representing frontline employees at the Department of
1066	1066	20 Human Services.
1067	1067	21 The Subcommittee shall provide oversight to the Community
1068	1068	22 Care Program Medicaid Initiative and shall meet quarterly. At
1069	1069	23 each Subcommittee meeting the Department on Aging shall
1070	1070	24 provide the following data sets to the Subcommittee: (A) the
1071	1071	25 number of Illinois residents, categorized by planning and
1072	1072	26 service area, who are receiving services under the Community
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	SB2760 - 29 - LRB103 36466 KTG 66569 b
1079	1079
1080	1080
1081	1081	SB2760- 30 -LRB103 36466 KTG 66569 b SB2760 - 30 - LRB103 36466 KTG 66569 b
1082	1082	SB2760 - 30 - LRB103 36466 KTG 66569 b
1083	1083	1 Care Program and are enrolled in the State's Medical
1084	1084	2 Assistance Program; (B) the number of Illinois residents,
1085	1085	3 categorized by planning and service area, who are receiving
1086	1086	4 services under the Community Care Program, but are not
1087	1087	5 enrolled in the State's Medical Assistance Program; and (C)
1088	1088	6 the number of Illinois residents, categorized by planning and
1089	1089	7 service area, who are receiving services under the Community
1090	1090	8 Care Program and are eligible for benefits under the State's
1091	1091	9 Medical Assistance Program, but are not enrolled in the
1092	1092	10 State's Medical Assistance Program. In addition to this data,
1093	1093	11 the Department on Aging shall provide the Subcommittee with
1094	1094	12 plans on how the Department on Aging will reduce the number of
1095	1095	13 Illinois residents who are not enrolled in the State's Medical
1096	1096	14 Assistance Program but who are eligible for medical assistance
1097	1097	15 benefits. The Department on Aging shall enroll in the State's
1098	1098	16 Medical Assistance Program those Illinois residents who
1099	1099	17 receive services under the Community Care Program and are
1100	1100	18 eligible for medical assistance benefits but are not enrolled
1101	1101	19 in the State's Medicaid Assistance Program. The data provided
1102	1102	20 to the Subcommittee shall be made available to the public via
1103	1103	21 the Department on Aging's website.
1104	1104	22 The Department on Aging, with the involvement of the
1105	1105	23 Subcommittee, shall collaborate with the Department of Human
1106	1106	24 Services and the Department of Healthcare and Family Services
1107	1107	25 on how best to achieve the responsibilities of the Community
1108	1108	26 Care Program Medicaid Initiative.
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	SB2760 - 30 - LRB103 36466 KTG 66569 b
1115	1115
1116	1116
1117	1117	SB2760- 31 -LRB103 36466 KTG 66569 b SB2760 - 31 - LRB103 36466 KTG 66569 b
1118	1118	SB2760 - 31 - LRB103 36466 KTG 66569 b
1119	1119	1 The Department on Aging, the Department of Human Services,
1120	1120	2 and the Department of Healthcare and Family Services shall
1121	1121	3 coordinate and implement a streamlined process for seniors to
1122	1122	4 access benefits under the State's Medical Assistance Program.
1123	1123	5 The Subcommittee shall collaborate with the Department of
1124	1124	6 Human Services on the adoption of a uniform application
1125	1125	7 submission process. The Department of Human Services and any
1126	1126	8 other State agency involved with processing the medical
1127	1127	9 assistance application of any person enrolled in the Community
1128	1128	10 Care Program shall include the appropriate care coordination
1129	1129	11 unit in all communications related to the determination or
1130	1130	12 status of the application.
1131	1131	13 The Community Care Program Medicaid Initiative shall
1132	1132	14 provide targeted funding to care coordination units to help
1133	1133	15 seniors complete their applications for medical assistance
1134	1134	16 benefits. On and after July 1, 2019, care coordination units
1135	1135	17 shall receive no less than $200 per completed application,
1136	1136	18 which rate may be included in a bundled rate for initial intake
1137	1137	19 services when Medicaid application assistance is provided in
1138	1138	20 conjunction with the initial intake process for new program
1139	1139	21 participants.
1140	1140	22 The Community Care Program Medicaid Initiative shall cease
1141	1141	23 operation 5 years after June 4, 2018 (the effective date of
1142	1142	24 Public Act 100-587) this amendatory Act of the 100th General
1143	1143	25 Assembly, after which the Subcommittee shall dissolve.
1144	1144	26 Effective July 1, 2023, subject to federal approval, the
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	SB2760 - 31 - LRB103 36466 KTG 66569 b
1151	1151
1152	1152
1153	1153	SB2760- 32 -LRB103 36466 KTG 66569 b SB2760 - 32 - LRB103 36466 KTG 66569 b
1154	1154	SB2760 - 32 - LRB103 36466 KTG 66569 b
1155	1155	1 Department on Aging shall reimburse Care Coordination Units at
1156	1156	2 the following rates for case management services: $252.40 for
1157	1157	3 each initial assessment; $366.40 for each initial assessment
1158	1158	4 with translation; $229.68 for each redetermination assessment;
1159	1159	5 $313.68 for each redetermination assessment with translation;
1160	1160	6 $200.00 for each completed application for medical assistance
1161	1161	7 benefits; $132.26 for each face-to-face, choices-for-care
1162	1162	8 screening; $168.26 for each face-to-face, choices-for-care
1163	1163	9 screening with translation; $124.56 for each 6-month,
1164	1164	10 face-to-face visit; $132.00 for each MCO participant
1165	1165	11 eligibility determination; and $157.00 for each MCO
1166	1166	12 participant eligibility determination with translation.
1167	1167	13 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
1168	1168	14 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
1169	1169	15 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
1170	1170	16 Section 90-5, eff. 1-1-24; revised 12-12-23.)
1171	1171	17 (20 ILCS 105/5.03 new)
1172	1172	18 Sec. 5.03. Judicial review. All final administrative
1173	1173	19 decisions of the Department are subject to judicial review in
1174	1174	20 accordance with the provisions of the Administrative Review
1175	1175	21 Law, and all rules adopted under the Administrative Review
1176	1176	22 Law. The term "administrative decision" is defined as in
1177	1177	23 Section 3-101 of the Code of Civil Procedure.
1178	1178	24 Proceedings for judicial review shall be commenced in the
1179	1179	25 circuit court of the county in which the party applying for
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185	SB2760 - 32 - LRB103 36466 KTG 66569 b
1186	1186
1187	1187
1188	1188	SB2760- 33 -LRB103 36466 KTG 66569 b SB2760 - 33 - LRB103 36466 KTG 66569 b
1189	1189	SB2760 - 33 - LRB103 36466 KTG 66569 b
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195	SB2760 - 33 - LRB103 36466 KTG 66569 b