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Sen. Napoleon Harris, III
Filed: 4/1/2022
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1 | | AMENDMENT TO HOUSE BILL 5186
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2 | | AMENDMENT NO. ______. Amend House Bill 5186, AS AMENDED, |
3 | | with reference to page and line numbers of Senate Amendment |
4 | | No. 2, on page 197, immediately below line 11, by inserting the |
5 | | following:
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6 | | "ARTICLE 35. COMMUNITY CARE PROGRAM
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7 | | Section 35-5. The Illinois Act on the Aging is amended by |
8 | | changing Section 4.02 as follows:
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9 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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10 | | Sec. 4.02. Community Care Program. The Department shall |
11 | | establish a program of services to
prevent unnecessary |
12 | | institutionalization of persons age 60 and older in
need of |
13 | | long term care or who are established as persons who suffer |
14 | | from
Alzheimer's disease or a related disorder under the |
15 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
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1 | | remain in their own homes or in other living arrangements. |
2 | | Such
preventive services, which may be coordinated with other |
3 | | programs for the
aged and monitored by area agencies on aging |
4 | | in cooperation with the
Department, may include, but are not |
5 | | limited to, any or all of the following:
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6 | | (a) (blank);
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7 | | (b) (blank);
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8 | | (c) home care aide services;
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9 | | (d) personal assistant services;
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10 | | (e) adult day services;
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11 | | (f) home-delivered meals;
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12 | | (g) education in self-care;
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13 | | (h) personal care services;
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14 | | (i) adult day health services;
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15 | | (j) habilitation services;
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16 | | (k) respite care;
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17 | | (k-5) community reintegration services;
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18 | | (k-6) flexible senior services; |
19 | | (k-7) medication management; |
20 | | (k-8) emergency home response;
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21 | | (l) other nonmedical social services that may enable |
22 | | the person
to become self-supporting; or
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23 | | (m) clearinghouse for information provided by senior |
24 | | citizen home owners
who want to rent rooms to or share |
25 | | living space with other senior citizens.
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26 | | The Department shall establish eligibility standards for |
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1 | | such
services. In determining the amount and nature of |
2 | | services
for which a person may qualify, consideration shall |
3 | | not be given to the
value of cash, property or other assets |
4 | | held in the name of the person's
spouse pursuant to a written |
5 | | agreement dividing marital property into equal
but separate |
6 | | shares or pursuant to a transfer of the person's interest in a
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7 | | home to his spouse, provided that the spouse's share of the |
8 | | marital
property is not made available to the person seeking |
9 | | such services.
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10 | | Beginning January 1, 2008, the Department shall require as |
11 | | a condition of eligibility that all new financially eligible |
12 | | applicants apply for and enroll in medical assistance under |
13 | | Article V of the Illinois Public Aid Code in accordance with |
14 | | rules promulgated by the Department.
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15 | | The Department shall, in conjunction with the Department |
16 | | of Public Aid (now Department of Healthcare and Family |
17 | | Services),
seek appropriate amendments under Sections 1915 and |
18 | | 1924 of the Social
Security Act. The purpose of the amendments |
19 | | shall be to extend eligibility
for home and community based |
20 | | services under Sections 1915 and 1924 of the
Social Security |
21 | | Act to persons who transfer to or for the benefit of a
spouse |
22 | | those amounts of income and resources allowed under Section |
23 | | 1924 of
the Social Security Act. Subject to the approval of |
24 | | such amendments, the
Department shall extend the provisions of |
25 | | Section 5-4 of the Illinois
Public Aid Code to persons who, but |
26 | | for the provision of home or
community-based services, would |
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1 | | require the level of care provided in an
institution, as is |
2 | | provided for in federal law. Those persons no longer
found to |
3 | | be eligible for receiving noninstitutional services due to |
4 | | changes
in the eligibility criteria shall be given 45 days |
5 | | notice prior to actual
termination. Those persons receiving |
6 | | notice of termination may contact the
Department and request |
7 | | the determination be appealed at any time during the
45 day |
8 | | notice period. The target
population identified for the |
9 | | purposes of this Section are persons age 60
and older with an |
10 | | identified service need. Priority shall be given to those
who |
11 | | are at imminent risk of institutionalization. The services |
12 | | shall be
provided to eligible persons age 60 and older to the |
13 | | extent that the cost
of the services together with the other |
14 | | personal maintenance
expenses of the persons are reasonably |
15 | | related to the standards
established for care in a group |
16 | | facility appropriate to the person's
condition. These |
17 | | non-institutional services, pilot projects or
experimental |
18 | | facilities may be provided as part of or in addition to
those |
19 | | authorized by federal law or those funded and administered by |
20 | | the
Department of Human Services. The Departments of Human |
21 | | Services, Healthcare and Family Services,
Public Health, |
22 | | Veterans' Affairs, and Commerce and Economic Opportunity and
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23 | | other appropriate agencies of State, federal and local |
24 | | governments shall
cooperate with the Department on Aging in |
25 | | the establishment and development
of the non-institutional |
26 | | services. The Department shall require an annual
audit from |
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1 | | all personal assistant
and home care aide vendors contracting |
2 | | with
the Department under this Section. The annual audit shall |
3 | | assure that each
audited vendor's procedures are in compliance |
4 | | with Department's financial
reporting guidelines requiring an |
5 | | administrative and employee wage and benefits cost split as |
6 | | defined in administrative rules. The audit is a public record |
7 | | under
the Freedom of Information Act. The Department shall |
8 | | execute, relative to
the nursing home prescreening project, |
9 | | written inter-agency
agreements with the Department of Human |
10 | | Services and the Department
of Healthcare and Family Services, |
11 | | to effect the following: (1) intake procedures and common
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12 | | eligibility criteria for those persons who are receiving |
13 | | non-institutional
services; and (2) the establishment and |
14 | | development of non-institutional
services in areas of the |
15 | | State where they are not currently available or are
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16 | | undeveloped. On and after July 1, 1996, all nursing home |
17 | | prescreenings for
individuals 60 years of age or older shall |
18 | | be conducted by the Department.
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19 | | As part of the Department on Aging's routine training of |
20 | | case managers and case manager supervisors, the Department may |
21 | | include information on family futures planning for persons who |
22 | | are age 60 or older and who are caregivers of their adult |
23 | | children with developmental disabilities. The content of the |
24 | | training shall be at the Department's discretion. |
25 | | The Department is authorized to establish a system of |
26 | | recipient copayment
for services provided under this Section, |
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1 | | such copayment to be based upon
the recipient's ability to pay |
2 | | but in no case to exceed the actual cost of
the services |
3 | | provided. Additionally, any portion of a person's income which
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4 | | is equal to or less than the federal poverty standard shall not |
5 | | be
considered by the Department in determining the copayment. |
6 | | The level of
such copayment shall be adjusted whenever |
7 | | necessary to reflect any change
in the officially designated |
8 | | federal poverty standard.
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9 | | The Department, or the Department's authorized |
10 | | representative, may
recover the amount of moneys expended for |
11 | | services provided to or in
behalf of a person under this |
12 | | Section by a claim against the person's
estate or against the |
13 | | estate of the person's surviving spouse, but no
recovery may |
14 | | be had until after the death of the surviving spouse, if
any, |
15 | | and then only at such time when there is no surviving child who
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16 | | is under age 21 or blind or who has a permanent and total |
17 | | disability. This
paragraph, however, shall not bar recovery, |
18 | | at the death of the person, of
moneys for services provided to |
19 | | the person or in behalf of the person under
this Section to |
20 | | which the person was not entitled;
provided that such recovery |
21 | | shall not be enforced against any real estate while
it is |
22 | | occupied as a homestead by the surviving spouse or other |
23 | | dependent, if no
claims by other creditors have been filed |
24 | | against the estate, or, if such
claims have been filed, they |
25 | | remain dormant for failure of prosecution or
failure of the |
26 | | claimant to compel administration of the estate for the |
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1 | | purpose
of payment. This paragraph shall not bar recovery from |
2 | | the estate of a spouse,
under Sections 1915 and 1924 of the |
3 | | Social Security Act and Section 5-4 of the
Illinois Public Aid |
4 | | Code, who precedes a person receiving services under this
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5 | | Section in death. All moneys for services
paid to or in behalf |
6 | | of the person under this Section shall be claimed for
recovery |
7 | | from the deceased spouse's estate. "Homestead", as used
in |
8 | | this paragraph, means the dwelling house and
contiguous real |
9 | | estate occupied by a surviving spouse
or relative, as defined |
10 | | by the rules and regulations of the Department of Healthcare |
11 | | and Family Services, regardless of the value of the property.
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12 | | The Department shall increase the effectiveness of the |
13 | | existing Community Care Program by: |
14 | | (1) ensuring that in-home services included in the |
15 | | care plan are available on evenings and weekends; |
16 | | (2) ensuring that care plans contain the services that |
17 | | eligible participants
need based on the number of days in |
18 | | a month, not limited to specific blocks of time, as |
19 | | identified by the comprehensive assessment tool selected |
20 | | by the Department for use statewide, not to exceed the |
21 | | total monthly service cost maximum allowed for each |
22 | | service; the Department shall develop administrative rules |
23 | | to implement this item (2); |
24 | | (3) ensuring that the participants have the right to |
25 | | choose the services contained in their care plan and to |
26 | | direct how those services are provided, based on |
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1 | | administrative rules established by the Department; |
2 | | (4) ensuring that the determination of need tool is |
3 | | accurate in determining the participants' level of need; |
4 | | to achieve this, the Department, in conjunction with the |
5 | | Older Adult Services Advisory Committee, shall institute a |
6 | | study of the relationship between the Determination of |
7 | | Need scores, level of need, service cost maximums, and the |
8 | | development and utilization of service plans no later than |
9 | | May 1, 2008; findings and recommendations shall be |
10 | | presented to the Governor and the General Assembly no |
11 | | later than January 1, 2009; recommendations shall include |
12 | | all needed changes to the service cost maximums schedule |
13 | | and additional covered services; |
14 | | (5) ensuring that homemakers can provide personal care |
15 | | services that may or may not involve contact with clients, |
16 | | including but not limited to: |
17 | | (A) bathing; |
18 | | (B) grooming; |
19 | | (C) toileting; |
20 | | (D) nail care; |
21 | | (E) transferring; |
22 | | (F) respiratory services; |
23 | | (G) exercise; or |
24 | | (H) positioning; |
25 | | (6) ensuring that homemaker program vendors are not |
26 | | restricted from hiring homemakers who are family members |
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1 | | of clients or recommended by clients; the Department may |
2 | | not, by rule or policy, require homemakers who are family |
3 | | members of clients or recommended by clients to accept |
4 | | assignments in homes other than the client; |
5 | | (7) ensuring that the State may access maximum federal |
6 | | matching funds by seeking approval for the Centers for |
7 | | Medicare and Medicaid Services for modifications to the |
8 | | State's home and community based services waiver and |
9 | | additional waiver opportunities, including applying for |
10 | | enrollment in the Balance Incentive Payment Program by May |
11 | | 1, 2013, in order to maximize federal matching funds; this |
12 | | shall include, but not be limited to, modification that |
13 | | reflects all changes in the Community Care Program |
14 | | services and all increases in the services cost maximum; |
15 | | (8) ensuring that the determination of need tool |
16 | | accurately reflects the service needs of individuals with |
17 | | Alzheimer's disease and related dementia disorders; |
18 | | (9) ensuring that services are authorized accurately |
19 | | and consistently for the Community Care Program (CCP); the |
20 | | Department shall implement a Service Authorization policy |
21 | | directive; the purpose shall be to ensure that eligibility |
22 | | and services are authorized accurately and consistently in |
23 | | the CCP program; the policy directive shall clarify |
24 | | service authorization guidelines to Care Coordination |
25 | | Units and Community Care Program providers no later than |
26 | | May 1, 2013; |
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1 | | (10) working in conjunction with Care Coordination |
2 | | Units, the Department of Healthcare and Family Services, |
3 | | the Department of Human Services, Community Care Program |
4 | | providers, and other stakeholders to make improvements to |
5 | | the Medicaid claiming processes and the Medicaid |
6 | | enrollment procedures or requirements as needed, |
7 | | including, but not limited to, specific policy changes or |
8 | | rules to improve the up-front enrollment of participants |
9 | | in the Medicaid program and specific policy changes or |
10 | | rules to insure more prompt submission of bills to the |
11 | | federal government to secure maximum federal matching |
12 | | dollars as promptly as possible; the Department on Aging |
13 | | shall have at least 3 meetings with stakeholders by |
14 | | January 1, 2014 in order to address these improvements; |
15 | | (11) requiring home care service providers to comply |
16 | | with the rounding of hours worked provisions under the |
17 | | federal Fair Labor Standards Act (FLSA) and as set forth |
18 | | in 29 CFR 785.48(b) by May 1, 2013; |
19 | | (12) implementing any necessary policy changes or |
20 | | promulgating any rules, no later than January 1, 2014, to |
21 | | assist the Department of Healthcare and Family Services in |
22 | | moving as many participants as possible, consistent with |
23 | | federal regulations, into coordinated care plans if a care |
24 | | coordination plan that covers long term care is available |
25 | | in the recipient's area; and |
26 | | (13) maintaining fiscal year 2014 rates at the same |
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1 | | level established on January 1, 2013. |
2 | | By January 1, 2009 or as soon after the end of the Cash and |
3 | | Counseling Demonstration Project as is practicable, the |
4 | | Department may, based on its evaluation of the demonstration |
5 | | project, promulgate rules concerning personal assistant |
6 | | services, to include, but need not be limited to, |
7 | | qualifications, employment screening, rights under fair labor |
8 | | standards, training, fiduciary agent, and supervision |
9 | | requirements. All applicants shall be subject to the |
10 | | provisions of the Health Care Worker Background Check Act.
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11 | | The Department shall develop procedures to enhance |
12 | | availability of
services on evenings, weekends, and on an |
13 | | emergency basis to meet the
respite needs of caregivers. |
14 | | Procedures shall be developed to permit the
utilization of |
15 | | services in successive blocks of 24 hours up to the monthly
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16 | | maximum established by the Department. Workers providing these |
17 | | services
shall be appropriately trained.
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18 | | Beginning on the effective date of this amendatory Act of |
19 | | 1991, no person
may perform chore/housekeeping and home care |
20 | | aide services under a program
authorized by this Section |
21 | | unless that person has been issued a certificate
of |
22 | | pre-service to do so by his or her employing agency. |
23 | | Information
gathered to effect such certification shall |
24 | | include (i) the person's name,
(ii) the date the person was |
25 | | hired by his or her current employer, and
(iii) the training, |
26 | | including dates and levels. Persons engaged in the
program |
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1 | | authorized by this Section before the effective date of this
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2 | | amendatory Act of 1991 shall be issued a certificate of all |
3 | | pre- and
in-service training from his or her employer upon |
4 | | submitting the necessary
information. The employing agency |
5 | | shall be required to retain records of
all staff pre- and |
6 | | in-service training, and shall provide such records to
the |
7 | | Department upon request and upon termination of the employer's |
8 | | contract
with the Department. In addition, the employing |
9 | | agency is responsible for
the issuance of certifications of |
10 | | in-service training completed to their
employees.
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11 | | The Department is required to develop a system to ensure |
12 | | that persons
working as home care aides and personal |
13 | | assistants
receive increases in their
wages when the federal |
14 | | minimum wage is increased by requiring vendors to
certify that |
15 | | they are meeting the federal minimum wage statute for home |
16 | | care aides
and personal assistants. An employer that cannot |
17 | | ensure that the minimum
wage increase is being given to home |
18 | | care aides and personal assistants
shall be denied any |
19 | | increase in reimbursement costs.
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20 | | The Community Care Program Advisory Committee is created |
21 | | in the Department on Aging. The Director shall appoint |
22 | | individuals to serve in the Committee, who shall serve at |
23 | | their own expense. Members of the Committee must abide by all |
24 | | applicable ethics laws. The Committee shall advise the |
25 | | Department on issues related to the Department's program of |
26 | | services to prevent unnecessary institutionalization. The |
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1 | | Committee shall meet on a bi-monthly basis and shall serve to |
2 | | identify and advise the Department on present and potential |
3 | | issues affecting the service delivery network, the program's |
4 | | clients, and the Department and to recommend solution |
5 | | strategies. Persons appointed to the Committee shall be |
6 | | appointed on, but not limited to, their own and their agency's |
7 | | experience with the program, geographic representation, and |
8 | | willingness to serve. The Director shall appoint members to |
9 | | the Committee to represent provider, advocacy, policy |
10 | | research, and other constituencies committed to the delivery |
11 | | of high quality home and community-based services to older |
12 | | adults. Representatives shall be appointed to ensure |
13 | | representation from community care providers including, but |
14 | | not limited to, adult day service providers, homemaker |
15 | | providers, case coordination and case management units, |
16 | | emergency home response providers, statewide trade or labor |
17 | | unions that represent home care
aides and direct care staff, |
18 | | area agencies on aging, adults over age 60, membership |
19 | | organizations representing older adults, and other |
20 | | organizational entities, providers of care, or individuals |
21 | | with demonstrated interest and expertise in the field of home |
22 | | and community care as determined by the Director. |
23 | | Nominations may be presented from any agency or State |
24 | | association with interest in the program. The Director, or his |
25 | | or her designee, shall serve as the permanent co-chair of the |
26 | | advisory committee. One other co-chair shall be nominated and |
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1 | | approved by the members of the committee on an annual basis. |
2 | | Committee members' terms of appointment shall be for 4 years |
3 | | with one-quarter of the appointees' terms expiring each year. |
4 | | A member shall continue to serve until his or her replacement |
5 | | is named. The Department shall fill vacancies that have a |
6 | | remaining term of over one year, and this replacement shall |
7 | | occur through the annual replacement of expiring terms. The |
8 | | Director shall designate Department staff to provide technical |
9 | | assistance and staff support to the committee. Department |
10 | | representation shall not constitute membership of the |
11 | | committee. All Committee papers, issues, recommendations, |
12 | | reports, and meeting memoranda are advisory only. The |
13 | | Director, or his or her designee, shall make a written report, |
14 | | as requested by the Committee, regarding issues before the |
15 | | Committee.
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16 | | The Department on Aging and the Department of Human |
17 | | Services
shall cooperate in the development and submission of |
18 | | an annual report on
programs and services provided under this |
19 | | Section. Such joint report
shall be filed with the Governor |
20 | | and the General Assembly on or before
September 30 each year.
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21 | | The requirement for reporting to the General Assembly |
22 | | shall be satisfied
by filing copies of the report
as required |
23 | | by Section 3.1 of the General Assembly Organization Act and
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24 | | filing such additional copies with the State Government Report |
25 | | Distribution
Center for the General Assembly as is required |
26 | | under paragraph (t) of
Section 7 of the State Library Act.
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1 | | Those persons previously found eligible for receiving |
2 | | non-institutional
services whose services were discontinued |
3 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
4 | | not meet the eligibility standards in effect
on or after July |
5 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
6 | | Those persons previously not required to cost-share and who |
7 | | were
required to cost-share effective March 1, 1992, shall |
8 | | continue to meet
cost-share requirements on and after July 1, |
9 | | 1992. Beginning July 1, 1992,
all clients will be required to |
10 | | meet
eligibility, cost-share, and other requirements and will |
11 | | have services
discontinued or altered when they fail to meet |
12 | | these requirements. |
13 | | For the purposes of this Section, "flexible senior |
14 | | services" refers to services that require one-time or periodic |
15 | | expenditures including, but not limited to, respite care, home |
16 | | modification, assistive technology, housing assistance, and |
17 | | transportation.
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18 | | The Department shall implement an electronic service |
19 | | verification based on global positioning systems or other |
20 | | cost-effective technology for the Community Care Program no |
21 | | later than January 1, 2014. |
22 | | The Department shall require, as a condition of |
23 | | eligibility, enrollment in the medical assistance program |
24 | | under Article V of the Illinois Public Aid Code (i) beginning |
25 | | August 1, 2013, if the Auditor General has reported that the |
26 | | Department has failed
to comply with the reporting |
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1 | | requirements of Section 2-27 of
the Illinois State Auditing |
2 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
3 | | reported that the
Department has not undertaken the required |
4 | | actions listed in
the report required by subsection (a) of |
5 | | Section 2-27 of the
Illinois State Auditing Act. |
6 | | The Department shall delay Community Care Program services |
7 | | until an applicant is determined eligible for medical |
8 | | assistance under Article V of the Illinois Public Aid Code (i) |
9 | | beginning August 1, 2013, if the Auditor General has reported |
10 | | that the Department has failed
to comply with the reporting |
11 | | requirements of Section 2-27 of
the Illinois State Auditing |
12 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
13 | | reported that the
Department has not undertaken the required |
14 | | actions listed in
the report required by subsection (a) of |
15 | | Section 2-27 of the
Illinois State Auditing Act. |
16 | | The Department shall implement co-payments for the |
17 | | Community Care Program at the federally allowable maximum |
18 | | level (i) beginning August 1, 2013, if the Auditor General has |
19 | | reported that the Department has failed
to comply with the |
20 | | reporting requirements of Section 2-27 of
the Illinois State |
21 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
22 | | General has reported that the
Department has not undertaken |
23 | | the required actions listed in
the report required by |
24 | | subsection (a) of Section 2-27 of the
Illinois State Auditing |
25 | | Act. |
26 | | The Department shall continue to provide other Community |
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1 | | Care Program reports as required by statute. |
2 | | The Department shall provide a bi-monthly report on the |
3 | | progress of the Community Care Program reforms set forth in |
4 | | this amendatory Act of the 98th General Assembly to the |
5 | | Governor, the Speaker of the House of Representatives, the |
6 | | Minority Leader of the House of Representatives, the
President |
7 | | of the
Senate, and the Minority Leader of the Senate. |
8 | | The Department shall conduct a quarterly review of Care |
9 | | Coordination Unit performance and adherence to service |
10 | | guidelines. The quarterly review shall be reported to the |
11 | | Speaker of the House of Representatives, the Minority Leader |
12 | | of the House of Representatives, the
President of the
Senate, |
13 | | and the Minority Leader of the Senate. The Department shall |
14 | | collect and report longitudinal data on the performance of |
15 | | each care coordination unit. Nothing in this paragraph shall |
16 | | be construed to require the Department to identify specific |
17 | | care coordination units. |
18 | | In regard to community care providers, failure to comply |
19 | | with Department on Aging policies shall be cause for |
20 | | disciplinary action, including, but not limited to, |
21 | | disqualification from serving Community Care Program clients. |
22 | | Each provider, upon submission of any bill or invoice to the |
23 | | Department for payment for services rendered, shall include a |
24 | | notarized statement, under penalty of perjury pursuant to |
25 | | Section 1-109 of the Code of Civil Procedure, that the |
26 | | provider has complied with all Department policies. |
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1 | | The Director of the Department on Aging shall make |
2 | | information available to the State Board of Elections as may |
3 | | be required by an agreement the State Board of Elections has |
4 | | entered into with a multi-state voter registration list |
5 | | maintenance system. |
6 | | Within 30 days after July 6, 2017 (the effective date of |
7 | | Public Act 100-23), rates shall be increased to $18.29 per |
8 | | hour, for the purpose of increasing, by at least $.72 per hour, |
9 | | the wages paid by those vendors to their employees who provide |
10 | | homemaker services. The Department shall pay an enhanced rate |
11 | | under the Community Care Program to those in-home service |
12 | | provider agencies that offer health insurance coverage as a |
13 | | benefit to their direct service worker employees consistent |
14 | | with the mandates of Public Act 95-713. For State fiscal years |
15 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
16 | | rate shall be adjusted using actuarial analysis based on the |
17 | | cost of care, but shall not be set below $1.77 per hour. The |
18 | | Department shall adopt rules, including emergency rules under |
19 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
20 | | Administrative Procedure Act, to implement the provisions of |
21 | | this paragraph. |
22 | | The General Assembly finds it necessary to authorize an |
23 | | aggressive Medicaid enrollment initiative designed to maximize |
24 | | federal Medicaid funding for the Community Care Program which |
25 | | produces significant savings for the State of Illinois. The |
26 | | Department on Aging shall establish and implement a Community |
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1 | | Care Program Medicaid Initiative. Under the Initiative, the
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2 | | Department on Aging shall, at a minimum: (i) provide an |
3 | | enhanced rate to adequately compensate care coordination units |
4 | | to enroll eligible Community Care Program clients into |
5 | | Medicaid; (ii) use recommendations from a stakeholder |
6 | | committee on how best to implement the Initiative; and (iii) |
7 | | establish requirements for State agencies to make enrollment |
8 | | in the State's Medical Assistance program easier for seniors. |
9 | | The Community Care Program Medicaid Enrollment Oversight |
10 | | Subcommittee is created as a subcommittee of the Older Adult |
11 | | Services Advisory Committee established in Section 35 of the |
12 | | Older Adult Services Act to make recommendations on how best |
13 | | to increase the number of medical assistance recipients who |
14 | | are enrolled in the Community Care Program. The Subcommittee |
15 | | shall consist of all of the following persons who must be |
16 | | appointed within 30 days after the effective date of this |
17 | | amendatory Act of the 100th General Assembly: |
18 | | (1) The Director of Aging, or his or her designee, who |
19 | | shall serve as the chairperson of the Subcommittee. |
20 | | (2) One representative of the Department of Healthcare |
21 | | and Family Services, appointed by the Director of |
22 | | Healthcare and Family Services. |
23 | | (3) One representative of the Department of Human |
24 | | Services, appointed by the Secretary of Human Services. |
25 | | (4) One individual representing a care coordination |
26 | | unit, appointed by the Director of Aging. |
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1 | | (5) One individual from a non-governmental statewide |
2 | | organization that advocates for seniors, appointed by the |
3 | | Director of Aging. |
4 | | (6) One individual representing Area Agencies on |
5 | | Aging, appointed by the Director of Aging. |
6 | | (7) One individual from a statewide association |
7 | | dedicated to Alzheimer's care, support, and research, |
8 | | appointed by the Director of Aging. |
9 | | (8) One individual from an organization that employs |
10 | | persons who provide services under the Community Care |
11 | | Program, appointed by the Director of Aging. |
12 | | (9) One member of a trade or labor union representing |
13 | | persons who provide services under the Community Care |
14 | | Program, appointed by the Director of Aging. |
15 | | (10) One member of the Senate, who shall serve as |
16 | | co-chairperson, appointed by the President of the Senate. |
17 | | (11) One member of the Senate, who shall serve as |
18 | | co-chairperson, appointed by the Minority Leader of the |
19 | | Senate. |
20 | | (12) One member of the House of
Representatives, who |
21 | | shall serve as co-chairperson, appointed by the Speaker of |
22 | | the House of Representatives. |
23 | | (13) One member of the House of Representatives, who |
24 | | shall serve as co-chairperson, appointed by the Minority |
25 | | Leader of the House of Representatives. |
26 | | (14) One individual appointed by a labor organization |
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1 | | representing frontline employees at the Department of |
2 | | Human Services. |
3 | | The Subcommittee shall provide oversight to the Community |
4 | | Care Program Medicaid Initiative and shall meet quarterly. At |
5 | | each Subcommittee meeting the Department on Aging shall |
6 | | provide the following data sets to the Subcommittee: (A) the |
7 | | number of Illinois residents, categorized by planning and |
8 | | service area, who are receiving services under the Community |
9 | | Care Program and are enrolled in the State's Medical |
10 | | Assistance Program; (B) the number of Illinois residents, |
11 | | categorized by planning and service area, who are receiving |
12 | | services under the Community Care Program, but are not |
13 | | enrolled in the State's Medical Assistance Program; and (C) |
14 | | the number of Illinois residents, categorized by planning and |
15 | | service area, who are receiving services under the Community |
16 | | Care Program and are eligible for benefits under the State's |
17 | | Medical Assistance Program, but are not enrolled in the |
18 | | State's Medical Assistance Program. In addition to this data, |
19 | | the Department on Aging shall provide the Subcommittee with |
20 | | plans on how the Department on Aging will reduce the number of |
21 | | Illinois residents who are not enrolled in the State's Medical |
22 | | Assistance Program but who are eligible for medical assistance |
23 | | benefits. The Department on Aging shall enroll in the State's |
24 | | Medical Assistance Program those Illinois residents who |
25 | | receive services under the Community Care Program and are |
26 | | eligible for medical assistance benefits but are not enrolled |
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1 | | in the State's Medicaid Assistance Program. The data provided |
2 | | to the Subcommittee shall be made available to the public via |
3 | | the Department on Aging's website. |
4 | | The Department on Aging, with the involvement of the |
5 | | Subcommittee, shall collaborate with the Department of Human |
6 | | Services and the Department of Healthcare and Family Services |
7 | | on how best to achieve the responsibilities of the Community |
8 | | Care Program Medicaid Initiative. |
9 | | The Department on Aging, the Department of Human Services, |
10 | | and the Department of Healthcare and Family Services shall |
11 | | coordinate and implement a streamlined process for seniors to |
12 | | access benefits under the State's Medical Assistance Program. |
13 | | The Subcommittee shall collaborate with the Department of |
14 | | Human Services on the adoption of a uniform application |
15 | | submission process. The Department of Human Services and any |
16 | | other State agency involved with processing the medical |
17 | | assistance application of any person enrolled in the Community |
18 | | Care Program shall include the appropriate care coordination |
19 | | unit in all communications related to the determination or |
20 | | status of the application. |
21 | | The Community Care Program Medicaid Initiative shall |
22 | | provide targeted funding to care coordination units to help |
23 | | seniors complete their applications for medical assistance |
24 | | benefits. On and after July 1, 2019, care coordination units |
25 | | shall receive no less than $200 per completed application, |
26 | | which rate may be included in a bundled rate for initial intake |
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1 | | services when Medicaid application assistance is provided in |
2 | | conjunction with the initial intake process for new program |
3 | | participants. |
4 | | The Community Care Program Medicaid Initiative shall cease |
5 | | operation 5 years after the effective date of this amendatory |
6 | | Act of the 100th General Assembly, after which the |
7 | | Subcommittee shall dissolve. |
8 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
9 | | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)".
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