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Sen. Napoleon Harris, III
Filed: 3/18/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5186
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5186 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Act on the Aging is amended by |
| 5 | | changing Section 4.02 as follows:
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| 6 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| 7 | | Sec. 4.02. Community Care Program. The Department shall |
| 8 | | establish a program of services to
prevent unnecessary |
| 9 | | institutionalization of persons age 60 and older in
need of |
| 10 | | long term care or who are established as persons who suffer |
| 11 | | from
Alzheimer's disease or a related disorder under the |
| 12 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
| 13 | | remain in their own homes or in other living arrangements. |
| 14 | | Such
preventive services, which may be coordinated with other |
| 15 | | programs for the
aged and monitored by area agencies on aging |
| 16 | | in cooperation with the
Department, may include, but are not |
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| 1 | | limited to, any or all of the following:
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| 2 | | (a) (blank);
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| 3 | | (b) (blank);
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| 4 | | (c) home care aide services;
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| 5 | | (d) personal assistant services;
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| 6 | | (e) adult day services;
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| 7 | | (f) home-delivered meals;
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| 8 | | (g) education in self-care;
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| 9 | | (h) personal care services;
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| 10 | | (i) adult day health services;
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| 11 | | (j) habilitation services;
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| 12 | | (k) respite care;
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| 13 | | (k-5) community reintegration services;
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| 14 | | (k-6) flexible senior services; |
| 15 | | (k-7) medication management; |
| 16 | | (k-8) emergency home response;
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| 17 | | (l) other nonmedical social services that may enable |
| 18 | | the person
to become self-supporting; or
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| 19 | | (m) clearinghouse for information provided by senior |
| 20 | | citizen home owners
who want to rent rooms to or share |
| 21 | | living space with other senior citizens.
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| 22 | | The Department shall establish eligibility standards for |
| 23 | | such
services. In determining the amount and nature of |
| 24 | | services
for which a person may qualify, consideration shall |
| 25 | | not be given to the
value of cash, property or other assets |
| 26 | | held in the name of the person's
spouse pursuant to a written |
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| 1 | | agreement dividing marital property into equal
but separate |
| 2 | | shares or pursuant to a transfer of the person's interest in a
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| 3 | | home to his spouse, provided that the spouse's share of the |
| 4 | | marital
property is not made available to the person seeking |
| 5 | | such services.
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| 6 | | Beginning January 1, 2008, the Department shall require as |
| 7 | | a condition of eligibility that all new financially eligible |
| 8 | | applicants apply for and enroll in medical assistance under |
| 9 | | Article V of the Illinois Public Aid Code in accordance with |
| 10 | | rules promulgated by the Department.
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| 11 | | The Department shall, in conjunction with the Department |
| 12 | | of Public Aid (now Department of Healthcare and Family |
| 13 | | Services),
seek appropriate amendments under Sections 1915 and |
| 14 | | 1924 of the Social
Security Act. The purpose of the amendments |
| 15 | | shall be to extend eligibility
for home and community based |
| 16 | | services under Sections 1915 and 1924 of the
Social Security |
| 17 | | Act to persons who transfer to or for the benefit of a
spouse |
| 18 | | those amounts of income and resources allowed under Section |
| 19 | | 1924 of
the Social Security Act. Subject to the approval of |
| 20 | | such amendments, the
Department shall extend the provisions of |
| 21 | | Section 5-4 of the Illinois
Public Aid Code to persons who, but |
| 22 | | for the provision of home or
community-based services, would |
| 23 | | require the level of care provided in an
institution, as is |
| 24 | | provided for in federal law. Those persons no longer
found to |
| 25 | | be eligible for receiving noninstitutional services due to |
| 26 | | changes
in the eligibility criteria shall be given 45 days |
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| 1 | | notice prior to actual
termination. Those persons receiving |
| 2 | | notice of termination may contact the
Department and request |
| 3 | | the determination be appealed at any time during the
45 day |
| 4 | | notice period. The target
population identified for the |
| 5 | | purposes of this Section are persons age 60
and older with an |
| 6 | | identified service need. Priority shall be given to those
who |
| 7 | | are at imminent risk of institutionalization. The services |
| 8 | | shall be
provided to eligible persons age 60 and older to the |
| 9 | | extent that the cost
of the services together with the other |
| 10 | | personal maintenance
expenses of the persons are reasonably |
| 11 | | related to the standards
established for care in a group |
| 12 | | facility appropriate to the person's
condition. These |
| 13 | | non-institutional services, pilot projects or
experimental |
| 14 | | facilities may be provided as part of or in addition to
those |
| 15 | | authorized by federal law or those funded and administered by |
| 16 | | the
Department of Human Services. The Departments of Human |
| 17 | | Services, Healthcare and Family Services,
Public Health, |
| 18 | | Veterans' Affairs, and Commerce and Economic Opportunity and
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| 19 | | other appropriate agencies of State, federal and local |
| 20 | | governments shall
cooperate with the Department on Aging in |
| 21 | | the establishment and development
of the non-institutional |
| 22 | | services. The Department shall require an annual
audit from |
| 23 | | all personal assistant
and home care aide vendors contracting |
| 24 | | with
the Department under this Section. The annual audit shall |
| 25 | | assure that each
audited vendor's procedures are in compliance |
| 26 | | with Department's financial
reporting guidelines requiring an |
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| 1 | | administrative and employee wage and benefits cost split as |
| 2 | | defined in administrative rules. The audit is a public record |
| 3 | | under
the Freedom of Information Act. The Department shall |
| 4 | | execute, relative to
the nursing home prescreening project, |
| 5 | | written inter-agency
agreements with the Department of Human |
| 6 | | Services and the Department
of Healthcare and Family Services, |
| 7 | | to effect the following: (1) intake procedures and common
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| 8 | | eligibility criteria for those persons who are receiving |
| 9 | | non-institutional
services; and (2) the establishment and |
| 10 | | development of non-institutional
services in areas of the |
| 11 | | State where they are not currently available or are
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| 12 | | undeveloped. On and after July 1, 1996, all nursing home |
| 13 | | prescreenings for
individuals 60 years of age or older shall |
| 14 | | be conducted by the Department.
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| 15 | | As part of the Department on Aging's routine training of |
| 16 | | case managers and case manager supervisors, the Department may |
| 17 | | include information on family futures planning for persons who |
| 18 | | are age 60 or older and who are caregivers of their adult |
| 19 | | children with developmental disabilities. The content of the |
| 20 | | training shall be at the Department's discretion. |
| 21 | | The Department is authorized to establish a system of |
| 22 | | recipient copayment
for services provided under this Section, |
| 23 | | such copayment to be based upon
the recipient's ability to pay |
| 24 | | but in no case to exceed the actual cost of
the services |
| 25 | | provided. Additionally, any portion of a person's income which
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| 26 | | is equal to or less than the federal poverty standard shall not |
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| 1 | | be
considered by the Department in determining the copayment. |
| 2 | | The level of
such copayment shall be adjusted whenever |
| 3 | | necessary to reflect any change
in the officially designated |
| 4 | | federal poverty standard.
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| 5 | | The Department, or the Department's authorized |
| 6 | | representative, may
recover the amount of moneys expended for |
| 7 | | services provided to or in
behalf of a person under this |
| 8 | | Section by a claim against the person's
estate or against the |
| 9 | | estate of the person's surviving spouse, but no
recovery may |
| 10 | | be had until after the death of the surviving spouse, if
any, |
| 11 | | and then only at such time when there is no surviving child who
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| 12 | | is under age 21 or blind or who has a permanent and total |
| 13 | | disability. This
paragraph, however, shall not bar recovery, |
| 14 | | at the death of the person, of
moneys for services provided to |
| 15 | | the person or in behalf of the person under
this Section to |
| 16 | | which the person was not entitled;
provided that such recovery |
| 17 | | shall not be enforced against any real estate while
it is |
| 18 | | occupied as a homestead by the surviving spouse or other |
| 19 | | dependent, if no
claims by other creditors have been filed |
| 20 | | against the estate, or, if such
claims have been filed, they |
| 21 | | remain dormant for failure of prosecution or
failure of the |
| 22 | | claimant to compel administration of the estate for the |
| 23 | | purpose
of payment. This paragraph shall not bar recovery from |
| 24 | | the estate of a spouse,
under Sections 1915 and 1924 of the |
| 25 | | Social Security Act and Section 5-4 of the
Illinois Public Aid |
| 26 | | Code, who precedes a person receiving services under this
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| 1 | | Section in death. All moneys for services
paid to or in behalf |
| 2 | | of the person under this Section shall be claimed for
recovery |
| 3 | | from the deceased spouse's estate. "Homestead", as used
in |
| 4 | | this paragraph, means the dwelling house and
contiguous real |
| 5 | | estate occupied by a surviving spouse
or relative, as defined |
| 6 | | by the rules and regulations of the Department of Healthcare |
| 7 | | and Family Services, regardless of the value of the property.
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| 8 | | The Department shall increase the effectiveness of the |
| 9 | | existing Community Care Program by: |
| 10 | | (1) ensuring that in-home services included in the |
| 11 | | care plan are available on evenings and weekends; |
| 12 | | (2) ensuring that care plans contain the services that |
| 13 | | eligible participants
need based on the number of days in |
| 14 | | a month, not limited to specific blocks of time, as |
| 15 | | identified by the comprehensive assessment tool selected |
| 16 | | by the Department for use statewide, not to exceed the |
| 17 | | total monthly service cost maximum allowed for each |
| 18 | | service; the Department shall develop administrative rules |
| 19 | | to implement this item (2); |
| 20 | | (3) ensuring that the participants have the right to |
| 21 | | choose the services contained in their care plan and to |
| 22 | | direct how those services are provided, based on |
| 23 | | administrative rules established by the Department; |
| 24 | | (4) ensuring that the determination of need tool is |
| 25 | | accurate in determining the participants' level of need; |
| 26 | | to achieve this, the Department, in conjunction with the |
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| 1 | | Older Adult Services Advisory Committee, shall institute a |
| 2 | | study of the relationship between the Determination of |
| 3 | | Need scores, level of need, service cost maximums, and the |
| 4 | | development and utilization of service plans no later than |
| 5 | | May 1, 2008; findings and recommendations shall be |
| 6 | | presented to the Governor and the General Assembly no |
| 7 | | later than January 1, 2009; recommendations shall include |
| 8 | | all needed changes to the service cost maximums schedule |
| 9 | | and additional covered services; |
| 10 | | (5) ensuring that homemakers can provide personal care |
| 11 | | services that may or may not involve contact with clients, |
| 12 | | including but not limited to: |
| 13 | | (A) bathing; |
| 14 | | (B) grooming; |
| 15 | | (C) toileting; |
| 16 | | (D) nail care; |
| 17 | | (E) transferring; |
| 18 | | (F) respiratory services; |
| 19 | | (G) exercise; or |
| 20 | | (H) positioning; |
| 21 | | (6) ensuring that homemaker program vendors are not |
| 22 | | restricted from hiring homemakers who are family members |
| 23 | | of clients or recommended by clients; the Department may |
| 24 | | not, by rule or policy, require homemakers who are family |
| 25 | | members of clients or recommended by clients to accept |
| 26 | | assignments in homes other than the client; |
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| 1 | | (7) ensuring that the State may access maximum federal |
| 2 | | matching funds by seeking approval for the Centers for |
| 3 | | Medicare and Medicaid Services for modifications to the |
| 4 | | State's home and community based services waiver and |
| 5 | | additional waiver opportunities, including applying for |
| 6 | | enrollment in the Balance Incentive Payment Program by May |
| 7 | | 1, 2013, in order to maximize federal matching funds; this |
| 8 | | shall include, but not be limited to, modification that |
| 9 | | reflects all changes in the Community Care Program |
| 10 | | services and all increases in the services cost maximum; |
| 11 | | (8) ensuring that the determination of need tool |
| 12 | | accurately reflects the service needs of individuals with |
| 13 | | Alzheimer's disease and related dementia disorders; |
| 14 | | (9) ensuring that services are authorized accurately |
| 15 | | and consistently for the Community Care Program (CCP); the |
| 16 | | Department shall implement a Service Authorization policy |
| 17 | | directive; the purpose shall be to ensure that eligibility |
| 18 | | and services are authorized accurately and consistently in |
| 19 | | the CCP program; the policy directive shall clarify |
| 20 | | service authorization guidelines to Care Coordination |
| 21 | | Units and Community Care Program providers no later than |
| 22 | | May 1, 2013; |
| 23 | | (10) working in conjunction with Care Coordination |
| 24 | | Units, the Department of Healthcare and Family Services, |
| 25 | | the Department of Human Services, Community Care Program |
| 26 | | providers, and other stakeholders to make improvements to |
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| 1 | | the Medicaid claiming processes and the Medicaid |
| 2 | | enrollment procedures or requirements as needed, |
| 3 | | including, but not limited to, specific policy changes or |
| 4 | | rules to improve the up-front enrollment of participants |
| 5 | | in the Medicaid program and specific policy changes or |
| 6 | | rules to insure more prompt submission of bills to the |
| 7 | | federal government to secure maximum federal matching |
| 8 | | dollars as promptly as possible; the Department on Aging |
| 9 | | shall have at least 3 meetings with stakeholders by |
| 10 | | January 1, 2014 in order to address these improvements; |
| 11 | | (11) requiring home care service providers to comply |
| 12 | | with the rounding of hours worked provisions under the |
| 13 | | federal Fair Labor Standards Act (FLSA) and as set forth |
| 14 | | in 29 CFR 785.48(b) by May 1, 2013; |
| 15 | | (12) implementing any necessary policy changes or |
| 16 | | promulgating any rules, no later than January 1, 2014, to |
| 17 | | assist the Department of Healthcare and Family Services in |
| 18 | | moving as many participants as possible, consistent with |
| 19 | | federal regulations, into coordinated care plans if a care |
| 20 | | coordination plan that covers long term care is available |
| 21 | | in the recipient's area; and |
| 22 | | (13) maintaining fiscal year 2014 rates at the same |
| 23 | | level established on January 1, 2013. |
| 24 | | By January 1, 2009 or as soon after the end of the Cash and |
| 25 | | Counseling Demonstration Project as is practicable, the |
| 26 | | Department may, based on its evaluation of the demonstration |
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| 1 | | project, promulgate rules concerning personal assistant |
| 2 | | services, to include, but need not be limited to, |
| 3 | | qualifications, employment screening, rights under fair labor |
| 4 | | standards, training, fiduciary agent, and supervision |
| 5 | | requirements. All applicants shall be subject to the |
| 6 | | provisions of the Health Care Worker Background Check Act.
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| 7 | | The Department shall develop procedures to enhance |
| 8 | | availability of
services on evenings, weekends, and on an |
| 9 | | emergency basis to meet the
respite needs of caregivers. |
| 10 | | Procedures shall be developed to permit the
utilization of |
| 11 | | services in successive blocks of 24 hours up to the monthly
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| 12 | | maximum established by the Department. Workers providing these |
| 13 | | services
shall be appropriately trained.
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| 14 | | Beginning on the effective date of this amendatory Act of |
| 15 | | 1991, no person
may perform chore/housekeeping and home care |
| 16 | | aide services under a program
authorized by this Section |
| 17 | | unless that person has been issued a certificate
of |
| 18 | | pre-service to do so by his or her employing agency. |
| 19 | | Information
gathered to effect such certification shall |
| 20 | | include (i) the person's name,
(ii) the date the person was |
| 21 | | hired by his or her current employer, and
(iii) the training, |
| 22 | | including dates and levels. Persons engaged in the
program |
| 23 | | authorized by this Section before the effective date of this
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| 24 | | amendatory Act of 1991 shall be issued a certificate of all |
| 25 | | pre- and
in-service training from his or her employer upon |
| 26 | | submitting the necessary
information. The employing agency |
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| 1 | | shall be required to retain records of
all staff pre- and |
| 2 | | in-service training, and shall provide such records to
the |
| 3 | | Department upon request and upon termination of the employer's |
| 4 | | contract
with the Department. In addition, the employing |
| 5 | | agency is responsible for
the issuance of certifications of |
| 6 | | in-service training completed to their
employees.
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| 7 | | The Department is required to develop a system to ensure |
| 8 | | that persons
working as home care aides and personal |
| 9 | | assistants
receive increases in their
wages when the federal |
| 10 | | minimum wage is increased by requiring vendors to
certify that |
| 11 | | they are meeting the federal minimum wage statute for home |
| 12 | | care aides
and personal assistants. An employer that cannot |
| 13 | | ensure that the minimum
wage increase is being given to home |
| 14 | | care aides and personal assistants
shall be denied any |
| 15 | | increase in reimbursement costs.
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| 16 | | The Community Care Program Advisory Committee is created |
| 17 | | in the Department on Aging. The Director shall appoint |
| 18 | | individuals to serve in the Committee, who shall serve at |
| 19 | | their own expense. Members of the Committee must abide by all |
| 20 | | applicable ethics laws. The Committee shall advise the |
| 21 | | Department on issues related to the Department's program of |
| 22 | | services to prevent unnecessary institutionalization. The |
| 23 | | Committee shall meet on a bi-monthly basis and shall serve to |
| 24 | | identify and advise the Department on present and potential |
| 25 | | issues affecting the service delivery network, the program's |
| 26 | | clients, and the Department and to recommend solution |
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| 1 | | strategies. Persons appointed to the Committee shall be |
| 2 | | appointed on, but not limited to, their own and their agency's |
| 3 | | experience with the program, geographic representation, and |
| 4 | | willingness to serve. The Director shall appoint members to |
| 5 | | the Committee to represent provider, advocacy, policy |
| 6 | | research, and other constituencies committed to the delivery |
| 7 | | of high quality home and community-based services to older |
| 8 | | adults. Representatives shall be appointed to ensure |
| 9 | | representation from community care providers including, but |
| 10 | | not limited to, adult day service providers, homemaker |
| 11 | | providers, case coordination and case management units, |
| 12 | | emergency home response providers, statewide trade or labor |
| 13 | | unions that represent home care
aides and direct care staff, |
| 14 | | area agencies on aging, adults over age 60, membership |
| 15 | | organizations representing older adults, and other |
| 16 | | organizational entities, providers of care, or individuals |
| 17 | | with demonstrated interest and expertise in the field of home |
| 18 | | and community care as determined by the Director. |
| 19 | | Nominations may be presented from any agency or State |
| 20 | | association with interest in the program. The Director, or his |
| 21 | | or her designee, shall serve as the permanent co-chair of the |
| 22 | | advisory committee. One other co-chair shall be nominated and |
| 23 | | approved by the members of the committee on an annual basis. |
| 24 | | Committee members' terms of appointment shall be for 4 years |
| 25 | | with one-quarter of the appointees' terms expiring each year. |
| 26 | | A member shall continue to serve until his or her replacement |
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| 1 | | is named. The Department shall fill vacancies that have a |
| 2 | | remaining term of over one year, and this replacement shall |
| 3 | | occur through the annual replacement of expiring terms. The |
| 4 | | Director shall designate Department staff to provide technical |
| 5 | | assistance and staff support to the committee. Department |
| 6 | | representation shall not constitute membership of the |
| 7 | | committee. All Committee papers, issues, recommendations, |
| 8 | | reports, and meeting memoranda are advisory only. The |
| 9 | | Director, or his or her designee, shall make a written report, |
| 10 | | as requested by the Committee, regarding issues before the |
| 11 | | Committee.
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| 12 | | The Department on Aging and the Department of Human |
| 13 | | Services
shall cooperate in the development and submission of |
| 14 | | an annual report on
programs and services provided under this |
| 15 | | Section. Such joint report
shall be filed with the Governor |
| 16 | | and the General Assembly on or before
September 30 each year.
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| 17 | | The requirement for reporting to the General Assembly |
| 18 | | shall be satisfied
by filing copies of the report
as required |
| 19 | | by Section 3.1 of the General Assembly Organization Act and
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| 20 | | filing such additional copies with the State Government Report |
| 21 | | Distribution
Center for the General Assembly as is required |
| 22 | | under paragraph (t) of
Section 7 of the State Library Act.
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| 23 | | Those persons previously found eligible for receiving |
| 24 | | non-institutional
services whose services were discontinued |
| 25 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
| 26 | | not meet the eligibility standards in effect
on or after July |
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| 1 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
| 2 | | Those persons previously not required to cost-share and who |
| 3 | | were
required to cost-share effective March 1, 1992, shall |
| 4 | | continue to meet
cost-share requirements on and after July 1, |
| 5 | | 1992. Beginning July 1, 1992,
all clients will be required to |
| 6 | | meet
eligibility, cost-share, and other requirements and will |
| 7 | | have services
discontinued or altered when they fail to meet |
| 8 | | these requirements. |
| 9 | | For the purposes of this Section, "flexible senior |
| 10 | | services" refers to services that require one-time or periodic |
| 11 | | expenditures including, but not limited to, respite care, home |
| 12 | | modification, assistive technology, housing assistance, and |
| 13 | | transportation.
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| 14 | | The Department shall implement an electronic service |
| 15 | | verification based on global positioning systems or other |
| 16 | | cost-effective technology for the Community Care Program no |
| 17 | | later than January 1, 2014. |
| 18 | | The Department shall require, as a condition of |
| 19 | | eligibility, enrollment in the medical assistance program |
| 20 | | under Article V of the Illinois Public Aid Code (i) beginning |
| 21 | | August 1, 2013, if the Auditor General has reported that the |
| 22 | | Department has failed
to comply with the reporting |
| 23 | | requirements of Section 2-27 of
the Illinois State Auditing |
| 24 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
| 25 | | reported that the
Department has not undertaken the required |
| 26 | | actions listed in
the report required by subsection (a) of |
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| 1 | | Section 2-27 of the
Illinois State Auditing Act. |
| 2 | | The Department shall delay Community Care Program services |
| 3 | | until an applicant is determined eligible for medical |
| 4 | | assistance under Article V of the Illinois Public Aid Code (i) |
| 5 | | beginning August 1, 2013, if the Auditor General has reported |
| 6 | | that the Department has failed
to comply with the reporting |
| 7 | | requirements of Section 2-27 of
the Illinois State Auditing |
| 8 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
| 9 | | reported that the
Department has not undertaken the required |
| 10 | | actions listed in
the report required by subsection (a) of |
| 11 | | Section 2-27 of the
Illinois State Auditing Act. |
| 12 | | The Department shall implement co-payments for the |
| 13 | | Community Care Program at the federally allowable maximum |
| 14 | | level (i) beginning August 1, 2013, if the Auditor General has |
| 15 | | reported that the Department has failed
to comply with the |
| 16 | | reporting requirements of Section 2-27 of
the Illinois State |
| 17 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
| 18 | | General has reported that the
Department has not undertaken |
| 19 | | the required actions listed in
the report required by |
| 20 | | subsection (a) of Section 2-27 of the
Illinois State Auditing |
| 21 | | Act. |
| 22 | | The Department shall continue to provide other Community |
| 23 | | Care Program reports as required by statute. |
| 24 | | The Department shall provide a bi-monthly report on the |
| 25 | | progress of the Community Care Program reforms set forth in |
| 26 | | this amendatory Act of the 98th General Assembly to the |
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| 1 | | Governor, the Speaker of the House of Representatives, the |
| 2 | | Minority Leader of the House of Representatives, the
President |
| 3 | | of the
Senate, and the Minority Leader of the Senate. |
| 4 | | The Department shall conduct a quarterly review of Care |
| 5 | | Coordination Unit performance and adherence to service |
| 6 | | guidelines. The quarterly review shall be reported to the |
| 7 | | Speaker of the House of Representatives, the Minority Leader |
| 8 | | of the House of Representatives, the
President of the
Senate, |
| 9 | | and the Minority Leader of the Senate. The Department shall |
| 10 | | collect and report longitudinal data on the performance of |
| 11 | | each care coordination unit. Nothing in this paragraph shall |
| 12 | | be construed to require the Department to identify specific |
| 13 | | care coordination units. |
| 14 | | In regard to community care providers, failure to comply |
| 15 | | with Department on Aging policies shall be cause for |
| 16 | | disciplinary action, including, but not limited to, |
| 17 | | disqualification from serving Community Care Program clients. |
| 18 | | Each provider, upon submission of any bill or invoice to the |
| 19 | | Department for payment for services rendered, shall include a |
| 20 | | notarized statement, under penalty of perjury pursuant to |
| 21 | | Section 1-109 of the Code of Civil Procedure, that the |
| 22 | | provider has complied with all Department policies. |
| 23 | | The Director of the Department on Aging shall make |
| 24 | | information available to the State Board of Elections as may |
| 25 | | be required by an agreement the State Board of Elections has |
| 26 | | entered into with a multi-state voter registration list |
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| 1 | | maintenance system. |
| 2 | | Within 30 days after July 6, 2017 (the effective date of |
| 3 | | Public Act 100-23), rates shall be increased to $18.29 per |
| 4 | | hour, for the purpose of increasing, by at least $.72 per hour, |
| 5 | | the wages paid by those vendors to their employees who provide |
| 6 | | homemaker services. The Department shall pay an enhanced rate |
| 7 | | under the Community Care Program to those in-home service |
| 8 | | provider agencies that offer health insurance coverage as a |
| 9 | | benefit to their direct service worker employees consistent |
| 10 | | with the mandates of Public Act 95-713. For State fiscal years |
| 11 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
| 12 | | rate shall be adjusted using actuarial analysis based on the |
| 13 | | cost of care, but shall not be set below $1.77 per hour. The |
| 14 | | Department shall adopt rules, including emergency rules under |
| 15 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
| 16 | | Administrative Procedure Act, to implement the provisions of |
| 17 | | this paragraph. |
| 18 | | The General Assembly finds it necessary to authorize an |
| 19 | | aggressive Medicaid enrollment initiative designed to maximize |
| 20 | | federal Medicaid funding for the Community Care Program which |
| 21 | | produces significant savings for the State of Illinois. The |
| 22 | | Department on Aging shall establish and implement a Community |
| 23 | | Care Program Medicaid Initiative. Under the Initiative, the
|
| 24 | | Department on Aging shall, at a minimum: (i) provide an |
| 25 | | enhanced rate to adequately compensate care coordination units |
| 26 | | to enroll eligible Community Care Program clients into |
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| 1 | | Medicaid; (ii) use recommendations from a stakeholder |
| 2 | | committee on how best to implement the Initiative; and (iii) |
| 3 | | establish requirements for State agencies to make enrollment |
| 4 | | in the State's Medical Assistance program easier for seniors. |
| 5 | | The Community Care Program Medicaid Enrollment Oversight |
| 6 | | Subcommittee is created as a subcommittee of the Older Adult |
| 7 | | Services Advisory Committee established in Section 35 of the |
| 8 | | Older Adult Services Act to make recommendations on how best |
| 9 | | to increase the number of medical assistance recipients who |
| 10 | | are enrolled in the Community Care Program. The Subcommittee |
| 11 | | shall consist of all of the following persons who must be |
| 12 | | appointed within 30 days after the effective date of this |
| 13 | | amendatory Act of the 100th General Assembly: |
| 14 | | (1) The Director of Aging, or his or her designee, who |
| 15 | | shall serve as the chairperson of the Subcommittee. |
| 16 | | (2) One representative of the Department of Healthcare |
| 17 | | and Family Services, appointed by the Director of |
| 18 | | Healthcare and Family Services. |
| 19 | | (3) One representative of the Department of Human |
| 20 | | Services, appointed by the Secretary of Human Services. |
| 21 | | (4) One individual representing a care coordination |
| 22 | | unit, appointed by the Director of Aging. |
| 23 | | (5) One individual from a non-governmental statewide |
| 24 | | organization that advocates for seniors, appointed by the |
| 25 | | Director of Aging. |
| 26 | | (6) One individual representing Area Agencies on |
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| 1 | | Aging, appointed by the Director of Aging. |
| 2 | | (7) One individual from a statewide association |
| 3 | | dedicated to Alzheimer's care, support, and research, |
| 4 | | appointed by the Director of Aging. |
| 5 | | (8) One individual from an organization that employs |
| 6 | | persons who provide services under the Community Care |
| 7 | | Program, appointed by the Director of Aging. |
| 8 | | (9) One member of a trade or labor union representing |
| 9 | | persons who provide services under the Community Care |
| 10 | | Program, appointed by the Director of Aging. |
| 11 | | (10) One member of the Senate, who shall serve as |
| 12 | | co-chairperson, appointed by the President of the Senate. |
| 13 | | (11) One member of the Senate, who shall serve as |
| 14 | | co-chairperson, appointed by the Minority Leader of the |
| 15 | | Senate. |
| 16 | | (12) One member of the House of
Representatives, who |
| 17 | | shall serve as co-chairperson, appointed by the Speaker of |
| 18 | | the House of Representatives. |
| 19 | | (13) One member of the House of Representatives, who |
| 20 | | shall serve as co-chairperson, appointed by the Minority |
| 21 | | Leader of the House of Representatives. |
| 22 | | (14) One individual appointed by a labor organization |
| 23 | | representing frontline employees at the Department of |
| 24 | | Human Services. |
| 25 | | The Subcommittee shall provide oversight to the Community |
| 26 | | Care Program Medicaid Initiative and shall meet quarterly. At |
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| 1 | | each Subcommittee meeting the Department on Aging shall |
| 2 | | provide the following data sets to the Subcommittee: (A) the |
| 3 | | number of Illinois residents, categorized by planning and |
| 4 | | service area, who are receiving services under the Community |
| 5 | | Care Program and are enrolled in the State's Medical |
| 6 | | Assistance Program; (B) the number of Illinois residents, |
| 7 | | categorized by planning and service area, who are receiving |
| 8 | | services under the Community Care Program, but are not |
| 9 | | enrolled in the State's Medical Assistance Program; and (C) |
| 10 | | the number of Illinois residents, categorized by planning and |
| 11 | | service area, who are receiving services under the Community |
| 12 | | Care Program and are eligible for benefits under the State's |
| 13 | | Medical Assistance Program, but are not enrolled in the |
| 14 | | State's Medical Assistance Program. In addition to this data, |
| 15 | | the Department on Aging shall provide the Subcommittee with |
| 16 | | plans on how the Department on Aging will reduce the number of |
| 17 | | Illinois residents who are not enrolled in the State's Medical |
| 18 | | Assistance Program but who are eligible for medical assistance |
| 19 | | benefits. The Department on Aging shall enroll in the State's |
| 20 | | Medical Assistance Program those Illinois residents who |
| 21 | | receive services under the Community Care Program and are |
| 22 | | eligible for medical assistance benefits but are not enrolled |
| 23 | | in the State's Medicaid Assistance Program. The data provided |
| 24 | | to the Subcommittee shall be made available to the public via |
| 25 | | the Department on Aging's website. |
| 26 | | The Department on Aging, with the involvement of the |
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| 1 | | Subcommittee, shall collaborate with the Department of Human |
| 2 | | Services and the Department of Healthcare and Family Services |
| 3 | | on how best to achieve the responsibilities of the Community |
| 4 | | Care Program Medicaid Initiative. |
| 5 | | The Department on Aging, the Department of Human Services, |
| 6 | | and the Department of Healthcare and Family Services shall |
| 7 | | coordinate and implement a streamlined process for seniors to |
| 8 | | access benefits under the State's Medical Assistance Program. |
| 9 | | The Subcommittee shall collaborate with the Department of |
| 10 | | Human Services on the adoption of a uniform application |
| 11 | | submission process. The Department of Human Services and any |
| 12 | | other State agency involved with processing the medical |
| 13 | | assistance application of any person enrolled in the Community |
| 14 | | Care Program shall include the appropriate care coordination |
| 15 | | unit in all communications related to the determination or |
| 16 | | status of the application. |
| 17 | | The Community Care Program Medicaid Initiative shall |
| 18 | | provide targeted funding to care coordination units to help |
| 19 | | seniors complete their applications for medical assistance |
| 20 | | benefits. On and after July 1, 2019, care coordination units |
| 21 | | shall receive no less than $200 per completed application, |
| 22 | | which rate may be included in a bundled rate for initial intake |
| 23 | | services when Medicaid application assistance is provided in |
| 24 | | conjunction with the initial intake process for new program |
| 25 | | participants. |
| 26 | | The Community Care Program Medicaid Initiative shall cease |
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| 1 | | operation 5 years after the effective date of this amendatory |
| 2 | | Act of the 100th General Assembly, after which the |
| 3 | | Subcommittee shall dissolve. |
| 4 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
| 5 | | 100-1148, eff. 12-10-18; 101-10, eff. 6-5-19.)
|
| 6 | | (20 ILCS 1110/7 rep.)
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| 7 | | (20 ILCS 1110/8 rep.)
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| 8 | | (20 ILCS 1110/9 rep.)
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| 9 | | (20 ILCS 1110/10 rep.)
|
| 10 | | (20 ILCS 1110/11 rep.)
|
| 11 | | (20 ILCS 1110/12 rep.)
|
| 12 | | (20 ILCS 1110/13 rep.)
|
| 13 | | (20 ILCS 1110/14 rep.)
|
| 14 | | (20 ILCS 1110/15 rep.)
|
| 15 | | (20 ILCS 1110/16 rep.)
|
| 16 | | (20 ILCS 1110/17 rep.)
|
| 17 | | Section 10. The Illinois Coal and Energy Development Bond |
| 18 | | Act is amended by repealing Sections 7, 8, 9, 10, 11, 12, 13, |
| 19 | | 14, 15, 16, and 17.
|
| 20 | | Section 15. The Department of Human Services Act is |
| 21 | | amended by changing Section 1-17 as follows:
|
| 22 | | (20 ILCS 1305/1-17)
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| 23 | | Sec. 1-17. Inspector General. |
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| 1 | | (a) Nature and purpose. It is the express intent of the |
| 2 | | General Assembly to ensure the health, safety, and financial |
| 3 | | condition of individuals receiving services in this State due |
| 4 | | to mental illness, developmental disability, or both by |
| 5 | | protecting those persons from acts of abuse, neglect, or both |
| 6 | | by service providers. To that end, the Office of the Inspector |
| 7 | | General for the Department of Human Services is created to |
| 8 | | investigate and report upon allegations of the abuse, neglect, |
| 9 | | or financial exploitation of individuals receiving services |
| 10 | | within mental health facilities, developmental disabilities |
| 11 | | facilities, and community agencies operated, licensed, funded, |
| 12 | | or certified by the Department of Human Services, but not |
| 13 | | licensed or certified by any other State agency. |
| 14 | | (b) Definitions. The following definitions apply to this |
| 15 | | Section: |
| 16 | | "Adult student with a disability" means an adult student, |
| 17 | | age 18 through 21, inclusive, with an Individual Education |
| 18 | | Program, other than a resident of a facility licensed by the |
| 19 | | Department of Children and Family Services in accordance with |
| 20 | | the Child Care Act of 1969. For purposes of this definition, |
| 21 | | "through age 21, inclusive", means through the day before the |
| 22 | | student's 22nd birthday. |
| 23 | | "Agency" or "community agency" means (i) a community |
| 24 | | agency licensed, funded, or certified by the Department, but |
| 25 | | not licensed or certified by any other human services agency |
| 26 | | of the State, to provide mental health service or |
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| 1 | | developmental disabilities service, or (ii) a program |
| 2 | | licensed, funded, or certified by the Department, but not |
| 3 | | licensed or certified by any other human services agency of |
| 4 | | the State, to provide mental health service or developmental |
| 5 | | disabilities service. |
| 6 | | "Aggravating circumstance" means a factor that is |
| 7 | | attendant to a finding and that tends to compound or increase |
| 8 | | the culpability of the accused. |
| 9 | | "Allegation" means an assertion, complaint, suspicion, or |
| 10 | | incident involving any of the following conduct by an |
| 11 | | employee, facility, or agency against an individual or |
| 12 | | individuals: mental abuse, physical abuse, sexual abuse, |
| 13 | | neglect, or financial exploitation. |
| 14 | | "Day" means working day, unless otherwise specified. |
| 15 | | "Deflection" means a situation in which an individual is |
| 16 | | presented for admission to a facility or agency, and the |
| 17 | | facility staff or agency staff do not admit the individual. |
| 18 | | "Deflection" includes triage, redirection, and denial of |
| 19 | | admission. |
| 20 | | "Department" means the Department of Human Services. |
| 21 | | "Developmental disability" means "developmental |
| 22 | | disability" as defined in the Mental Health and Developmental |
| 23 | | Disabilities Code. |
| 24 | | "Egregious neglect" means a finding of neglect as |
| 25 | | determined by the Inspector General that (i) represents a |
| 26 | | gross failure to adequately provide for, or a callused |
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| 1 | | indifference to, the health, safety, or medical needs of an |
| 2 | | individual and (ii) results in an individual's death or other |
| 3 | | serious deterioration of an individual's physical condition or |
| 4 | | mental condition. |
| 5 | | "Employee" means any person who provides services at the |
| 6 | | facility or agency on-site or off-site. The service |
| 7 | | relationship can be with the individual or with the facility |
| 8 | | or agency. Also, "employee" includes any employee or |
| 9 | | contractual agent of the Department of Human Services or the |
| 10 | | community agency involved in providing or monitoring or |
| 11 | | administering mental health or developmental disability |
| 12 | | services. This includes but is not limited to: owners, |
| 13 | | operators, payroll personnel, contractors, subcontractors, and |
| 14 | | volunteers. |
| 15 | | "Facility" or "State-operated facility" means a mental |
| 16 | | health facility or developmental disabilities facility |
| 17 | | operated by the Department. |
| 18 | | "Financial exploitation" means taking unjust advantage of |
| 19 | | an individual's assets, property, or financial resources |
| 20 | | through deception, intimidation, or conversion for the |
| 21 | | employee's, facility's, or agency's own advantage or benefit. |
| 22 | | "Finding" means the Office of Inspector General's |
| 23 | | determination regarding whether an allegation is |
| 24 | | substantiated, unsubstantiated, or unfounded. |
| 25 | | "Health Care Worker Registry" or "Registry" means the |
| 26 | | Health Care Worker Registry under the Health Care Worker |
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| 1 | | Background Check Act. |
| 2 | | "Individual" means any person receiving mental health |
| 3 | | service, developmental disabilities service, or both from a |
| 4 | | facility or agency, while either on-site or off-site. |
| 5 | | "Mental abuse" means the use of demeaning, intimidating, |
| 6 | | or threatening words, signs, gestures, or other actions by an |
| 7 | | employee about an individual and in the presence of an |
| 8 | | individual or individuals that results in emotional distress |
| 9 | | or maladaptive behavior, or could have resulted in emotional |
| 10 | | distress or maladaptive behavior, for any individual present. |
| 11 | | "Mental illness" means "mental illness" as defined in the |
| 12 | | Mental Health and Developmental Disabilities Code. |
| 13 | | "Mentally ill" means having a mental illness. |
| 14 | | "Mitigating circumstance" means a condition that (i) is |
| 15 | | attendant to a finding, (ii) does not excuse or justify the |
| 16 | | conduct in question, but (iii) may be considered in evaluating |
| 17 | | the severity of the conduct, the culpability of the accused, |
| 18 | | or both the severity of the conduct and the culpability of the |
| 19 | | accused. |
| 20 | | "Neglect" means an employee's, agency's, or facility's |
| 21 | | failure to provide adequate medical care, personal care, or |
| 22 | | maintenance and that, as a consequence, (i) causes an |
| 23 | | individual pain, injury, or emotional distress, (ii) results |
| 24 | | in either an individual's maladaptive behavior or the |
| 25 | | deterioration of an individual's physical condition or mental |
| 26 | | condition, or (iii) places the individual's health or safety |
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| 1 | | at substantial risk. |
| 2 | | "Person with a developmental disability" means a person |
| 3 | | having a developmental disability. |
| 4 | | "Physical abuse" means an employee's non-accidental and |
| 5 | | inappropriate contact with an individual that causes bodily |
| 6 | | harm. "Physical abuse" includes actions that cause bodily harm |
| 7 | | as a result of an employee directing an individual or person to |
| 8 | | physically abuse another individual. |
| 9 | | "Recommendation" means an admonition, separate from a |
| 10 | | finding, that requires action by the facility, agency, or |
| 11 | | Department to correct a systemic issue, problem, or deficiency |
| 12 | | identified during an investigation. |
| 13 | | "Required reporter" means any employee who suspects, |
| 14 | | witnesses, or is informed of an allegation of any one or more |
| 15 | | of the following: mental abuse, physical abuse, sexual abuse, |
| 16 | | neglect, or financial exploitation. |
| 17 | | "Secretary" means the Chief Administrative Officer of the |
| 18 | | Department. |
| 19 | | "Sexual abuse" means any sexual contact or intimate |
| 20 | | physical contact between an employee and an individual, |
| 21 | | including an employee's coercion or encouragement of an |
| 22 | | individual to engage in sexual behavior that results in sexual |
| 23 | | contact, intimate physical contact, sexual behavior, or |
| 24 | | intimate physical behavior. Sexual abuse also includes (i) an |
| 25 | | employee's actions that result in the sending or showing of |
| 26 | | sexually explicit images to an individual via computer, |
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| 1 | | cellular phone, electronic mail, portable electronic device, |
| 2 | | or other media with or without contact with the individual or |
| 3 | | (ii) an employee's posting of sexually explicit images of an |
| 4 | | individual online or elsewhere whether or not there is contact |
| 5 | | with the individual. |
| 6 | | "Sexually explicit images" includes, but is not limited |
| 7 | | to, any material which depicts nudity, sexual conduct, or |
| 8 | | sado-masochistic abuse, or which contains explicit and |
| 9 | | detailed verbal descriptions or narrative accounts of sexual |
| 10 | | excitement, sexual conduct, or sado-masochistic abuse. |
| 11 | | "Substantiated" means there is a preponderance of the |
| 12 | | evidence to support the allegation. |
| 13 | | "Unfounded" means there is no credible evidence to support |
| 14 | | the allegation. |
| 15 | | "Unsubstantiated" means there is credible evidence, but |
| 16 | | less than a preponderance of evidence to support the |
| 17 | | allegation. |
| 18 | | (c) Appointment. The Governor shall appoint, and the |
| 19 | | Senate shall confirm, an Inspector General. The Inspector |
| 20 | | General shall be appointed for a term of 4 years and shall |
| 21 | | function within the Department of Human Services and report to |
| 22 | | the Secretary and the Governor. |
| 23 | | (d) Operation and appropriation. The Inspector General |
| 24 | | shall function independently within the Department with |
| 25 | | respect to the operations of the Office, including the |
| 26 | | performance of investigations and issuance of findings and |
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| 1 | | recommendations. The appropriation for the Office of Inspector |
| 2 | | General shall be separate from the overall appropriation for |
| 3 | | the Department. |
| 4 | | (e) Powers and duties. The Inspector General shall |
| 5 | | investigate reports of suspected mental abuse, physical abuse, |
| 6 | | sexual abuse, neglect, or financial exploitation of |
| 7 | | individuals in any mental health or developmental disabilities |
| 8 | | facility or agency and shall have authority to take immediate |
| 9 | | action to prevent any one or more of the following from |
| 10 | | happening to individuals under its jurisdiction: mental abuse, |
| 11 | | physical abuse, sexual abuse, neglect, or financial |
| 12 | | exploitation. Upon written request of an agency of this State, |
| 13 | | the Inspector General may assist another agency of the State |
| 14 | | in investigating reports of the abuse, neglect, or abuse and |
| 15 | | neglect of persons with mental illness, persons with |
| 16 | | developmental disabilities, or persons with both. To comply |
| 17 | | with the requirements of subsection (k) of this Section, the |
| 18 | | Inspector General shall also review all reportable deaths for |
| 19 | | which there is no allegation of abuse or neglect. Nothing in |
| 20 | | this Section shall preempt any duties of the Medical Review |
| 21 | | Board set forth in the Mental Health and Developmental |
| 22 | | Disabilities Code. The Inspector General shall have no |
| 23 | | authority to investigate alleged violations of the State |
| 24 | | Officials and Employees Ethics Act. Allegations of misconduct |
| 25 | | under the State Officials and Employees Ethics Act shall be |
| 26 | | referred to the Office of the Governor's Executive Inspector |
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| 1 | | General for investigation. |
| 2 | | (f) Limitations. The Inspector General shall not conduct |
| 3 | | an investigation within an agency or facility if that |
| 4 | | investigation would be redundant to or interfere with an |
| 5 | | investigation conducted by another State agency. The Inspector |
| 6 | | General shall have no supervision over, or involvement in, the |
| 7 | | routine programmatic, licensing, funding, or certification |
| 8 | | operations of the Department. Nothing in this subsection |
| 9 | | limits investigations by the Department that may otherwise be |
| 10 | | required by law or that may be necessary in the Department's |
| 11 | | capacity as central administrative authority responsible for |
| 12 | | the operation of the State's mental health and developmental |
| 13 | | disabilities facilities. |
| 14 | | (g) Rulemaking authority. The Inspector General shall |
| 15 | | promulgate rules establishing minimum requirements for |
| 16 | | reporting allegations as well as for initiating, conducting, |
| 17 | | and completing investigations based upon the nature of the |
| 18 | | allegation or allegations. The rules shall clearly establish |
| 19 | | that if 2 or more State agencies could investigate an |
| 20 | | allegation, the Inspector General shall not conduct an |
| 21 | | investigation that would be redundant to, or interfere with, |
| 22 | | an investigation conducted by another State agency. The rules |
| 23 | | shall further clarify the method and circumstances under which |
| 24 | | the Office of Inspector General may interact with the |
| 25 | | licensing, funding, or certification units of the Department |
| 26 | | in preventing further occurrences of mental abuse, physical |
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| 1 | | abuse, sexual abuse, neglect, egregious neglect, and financial |
| 2 | | exploitation. |
| 3 | | (h) Training programs. The Inspector General shall (i) |
| 4 | | establish a comprehensive program to ensure that every person |
| 5 | | authorized to conduct investigations receives ongoing training |
| 6 | | relative to investigation techniques, communication skills, |
| 7 | | and the appropriate means of interacting with persons |
| 8 | | receiving treatment for mental illness, developmental |
| 9 | | disability, or both mental illness and developmental |
| 10 | | disability, and (ii) establish and conduct periodic training |
| 11 | | programs for facility and agency employees concerning the |
| 12 | | prevention and reporting of any one or more of the following: |
| 13 | | mental abuse, physical abuse, sexual abuse, neglect, egregious |
| 14 | | neglect, or financial exploitation. The Inspector General |
| 15 | | shall further ensure (i) every person authorized to conduct |
| 16 | | investigations at community agencies receives ongoing training |
| 17 | | in Title 59, Parts 115, 116, and 119 of the Illinois |
| 18 | | Administrative Code, and (ii) every person authorized to |
| 19 | | conduct investigations shall receive ongoing training in Title |
| 20 | | 59, Part 50 of the Illinois Administrative Code. Nothing in |
| 21 | | this Section shall be deemed to prevent the Office of |
| 22 | | Inspector General from conducting any other training as |
| 23 | | determined by the Inspector General to be necessary or |
| 24 | | helpful. |
| 25 | | (i) Duty to cooperate. |
| 26 | | (1) The Inspector General shall at all times be |
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| 1 | | granted access to any facility or agency for the purpose |
| 2 | | of investigating any allegation, conducting unannounced |
| 3 | | site visits, monitoring compliance with a written |
| 4 | | response, or completing any other statutorily assigned |
| 5 | | duty. The Inspector General shall conduct unannounced site |
| 6 | | visits to each facility at least annually for the purpose |
| 7 | | of reviewing and making recommendations on systemic issues |
| 8 | | relative to preventing, reporting, investigating, and |
| 9 | | responding to all of the following: mental abuse, physical |
| 10 | | abuse, sexual abuse, neglect, egregious neglect, or |
| 11 | | financial exploitation. |
| 12 | | (2) Any employee who fails to cooperate with an Office |
| 13 | | of the Inspector General investigation is in violation of |
| 14 | | this Act. Failure to cooperate with an investigation |
| 15 | | includes, but is not limited to, any one or more of the |
| 16 | | following: (i) creating and transmitting a false report to |
| 17 | | the Office of the Inspector General hotline, (ii) |
| 18 | | providing false information to an Office of the Inspector |
| 19 | | General Investigator during an investigation, (iii) |
| 20 | | colluding with other employees to cover up evidence, (iv) |
| 21 | | colluding with other employees to provide false |
| 22 | | information to an Office of the Inspector General |
| 23 | | investigator, (v) destroying evidence, (vi) withholding |
| 24 | | evidence, or (vii) otherwise obstructing an Office of the |
| 25 | | Inspector General investigation. Additionally, any |
| 26 | | employee who, during an unannounced site visit or written |
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| 1 | | response compliance check, fails to cooperate with |
| 2 | | requests from the Office of the Inspector General is in |
| 3 | | violation of this Act. |
| 4 | | (j) Subpoena powers. The Inspector General shall have the |
| 5 | | power to subpoena witnesses and compel the production of all |
| 6 | | documents and physical evidence relating to his or her |
| 7 | | investigations and any hearings authorized by this Act. This |
| 8 | | subpoena power shall not extend to persons or documents of a |
| 9 | | labor organization or its representatives insofar as the |
| 10 | | persons are acting in a representative capacity to an employee |
| 11 | | whose conduct is the subject of an investigation or the |
| 12 | | documents relate to that representation. Any person who |
| 13 | | otherwise fails to respond to a subpoena or who knowingly |
| 14 | | provides false information to the Office of the Inspector |
| 15 | | General by subpoena during an investigation is guilty of a |
| 16 | | Class A misdemeanor. |
| 17 | | (k) Reporting allegations and deaths. |
| 18 | | (1) Allegations. If an employee witnesses, is told of, |
| 19 | | or has reason to believe an incident of mental abuse, |
| 20 | | physical abuse, sexual abuse, neglect, or financial |
| 21 | | exploitation has occurred, the employee, agency, or |
| 22 | | facility shall report the allegation by phone to the |
| 23 | | Office of the Inspector General hotline according to the |
| 24 | | agency's or facility's procedures, but in no event later |
| 25 | | than 4 hours after the initial discovery of the incident, |
| 26 | | allegation, or suspicion of any one or more of the |
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| 1 | | following: mental abuse, physical abuse, sexual abuse, |
| 2 | | neglect, or financial exploitation. A required reporter as |
| 3 | | defined in subsection (b) of this Section who knowingly or |
| 4 | | intentionally fails to comply with these reporting |
| 5 | | requirements is guilty of a Class A misdemeanor. |
| 6 | | (2) Deaths. Absent an allegation, a required reporter |
| 7 | | shall, within 24 hours after initial discovery, report by |
| 8 | | phone to the Office of the Inspector General hotline each |
| 9 | | of the following: |
| 10 | | (i) Any death of an individual occurring within 14 |
| 11 | | calendar days after discharge or transfer of the |
| 12 | | individual from a residential program or facility. |
| 13 | | (ii) Any death of an individual occurring within |
| 14 | | 24 hours after deflection from a residential program |
| 15 | | or facility. |
| 16 | | (iii) Any other death of an individual occurring |
| 17 | | at an agency or facility or at any Department-funded |
| 18 | | site. |
| 19 | | (3) Retaliation. It is a violation of this Act for any |
| 20 | | employee or administrator of an agency or facility to take |
| 21 | | retaliatory action against an employee who acts in good |
| 22 | | faith in conformance with his or her duties as a required |
| 23 | | reporter. |
| 24 | | (l) Reporting to law enforcement. (1) Reporting criminal |
| 25 | | acts. Within 24 hours after determining that there is credible |
| 26 | | evidence indicating that a criminal act may have been |
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| 1 | | committed or that special expertise may be required in an |
| 2 | | investigation, the Inspector General shall notify the Illinois |
| 3 | | State Police or other appropriate law enforcement authority, |
| 4 | | or ensure that such notification is made. The Illinois State |
| 5 | | Police shall investigate any report from a State-operated |
| 6 | | facility indicating a possible murder, sexual assault, or |
| 7 | | other felony by an employee. All investigations conducted by |
| 8 | | the Inspector General shall be conducted in a manner designed |
| 9 | | to ensure the preservation of evidence for possible use in a |
| 10 | | criminal prosecution. |
| 11 | | (2) Reporting allegations of adult students with |
| 12 | | disabilities. Upon receipt of a reportable allegation |
| 13 | | regarding an adult student with a disability, the |
| 14 | | Department's Office of the Inspector General shall |
| 15 | | determine whether the allegation meets the criteria for |
| 16 | | the Domestic Abuse Program under the Abuse of Adults with |
| 17 | | Disabilities Intervention Act. If the allegation is |
| 18 | | reportable to that program, the Office of the Inspector |
| 19 | | General shall initiate an investigation. If the allegation |
| 20 | | is not reportable to the Domestic Abuse Program, the |
| 21 | | Office of the Inspector General shall make an expeditious |
| 22 | | referral to the respective law enforcement entity. If the |
| 23 | | alleged victim is already receiving services from the |
| 24 | | Department, the Office of the Inspector General shall also |
| 25 | | make a referral to the respective Department of Human |
| 26 | | Services' Division or Bureau. |
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| 1 | | (m) Investigative reports. Upon completion of an |
| 2 | | investigation, the Office of Inspector General shall issue an |
| 3 | | investigative report identifying whether the allegations are |
| 4 | | substantiated, unsubstantiated, or unfounded. Within 10 |
| 5 | | business days after the transmittal of a completed |
| 6 | | investigative report substantiating an allegation, finding an |
| 7 | | allegation is unsubstantiated, or if a recommendation is made, |
| 8 | | the Inspector General shall provide the investigative report |
| 9 | | on the case to the Secretary and to the director of the |
| 10 | | facility or agency where any one or more of the following |
| 11 | | occurred: mental abuse, physical abuse, sexual abuse, neglect, |
| 12 | | egregious neglect, or financial exploitation. The director of |
| 13 | | the facility or agency shall be responsible for maintaining |
| 14 | | the confidentiality of the investigative report consistent |
| 15 | | with State and federal law. In a substantiated case, the |
| 16 | | investigative report shall include any mitigating or |
| 17 | | aggravating circumstances that were identified during the |
| 18 | | investigation. If the case involves substantiated neglect, the |
| 19 | | investigative report shall also state whether egregious |
| 20 | | neglect was found. An investigative report may also set forth |
| 21 | | recommendations. All investigative reports prepared by the |
| 22 | | Office of the Inspector General shall be considered |
| 23 | | confidential and shall not be released except as provided by |
| 24 | | the law of this State or as required under applicable federal |
| 25 | | law. Unsubstantiated and unfounded reports shall not be |
| 26 | | disclosed except as allowed under Section 6 of the Abused and |
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| 1 | | Neglected Long Term Care Facility Residents Reporting Act. Raw |
| 2 | | data used to compile the investigative report shall not be |
| 3 | | subject to release unless required by law or a court order. |
| 4 | | "Raw data used to compile the investigative report" includes, |
| 5 | | but is not limited to, any one or more of the following: the |
| 6 | | initial complaint, witness statements, photographs, |
| 7 | | investigator's notes, police reports, or incident reports. If |
| 8 | | the allegations are substantiated, the victim, the victim's |
| 9 | | guardian, and the accused shall be provided with a redacted |
| 10 | | copy of the investigative report. Death reports where there |
| 11 | | was no allegation of abuse or neglect shall only be released |
| 12 | | pursuant to applicable State or federal law or a valid court |
| 13 | | order. Unredacted investigative reports, as well as raw data, |
| 14 | | may be shared with a local law enforcement entity, a State's |
| 15 | | Attorney's office, or a county coroner's office upon written |
| 16 | | request. |
| 17 | | (n) Written responses, clarification requests, and |
| 18 | | reconsideration requests. |
| 19 | | (1) Written responses. Within 30 calendar days from |
| 20 | | receipt of a substantiated investigative report or an |
| 21 | | investigative report which contains recommendations, |
| 22 | | absent a reconsideration request, the facility or agency |
| 23 | | shall file a written response that addresses, in a concise |
| 24 | | and reasoned manner, the actions taken to: (i) protect the |
| 25 | | individual; (ii) prevent recurrences; and (iii) eliminate |
| 26 | | the problems identified. The response shall include the |
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| 1 | | implementation and completion dates of such actions. If |
| 2 | | the written response is not filed within the allotted 30 |
| 3 | | calendar day period, the Secretary shall determine the |
| 4 | | appropriate corrective action to be taken. |
| 5 | | (2) Requests for clarification. The facility, agency, |
| 6 | | victim or guardian, or the subject employee may request |
| 7 | | that the Office of Inspector General clarify the finding |
| 8 | | or findings for which clarification is sought. |
| 9 | | (3) Requests for reconsideration. The facility, |
| 10 | | agency, victim or guardian, or the subject employee may |
| 11 | | request that the Office of the Inspector General |
| 12 | | reconsider the finding or findings or the recommendations. |
| 13 | | A request for reconsideration shall be subject to a |
| 14 | | multi-layer review and shall include at least one reviewer |
| 15 | | who did not participate in the investigation or approval |
| 16 | | of the original investigative report. After the |
| 17 | | multi-layer review process has been completed, the |
| 18 | | Inspector General shall make the final determination on |
| 19 | | the reconsideration request. The investigation shall be |
| 20 | | reopened if the reconsideration determination finds that |
| 21 | | additional information is needed to complete the |
| 22 | | investigative record. |
| 23 | | (o) Disclosure of the finding by the Inspector General. |
| 24 | | The Inspector General shall disclose the finding of an |
| 25 | | investigation to the following persons: (i) the Governor, (ii) |
| 26 | | the Secretary, (iii) the director of the facility or agency, |
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| 1 | | (iv) the alleged victims and their guardians, (v) the |
| 2 | | complainant, and (vi) the accused. This information shall |
| 3 | | include whether the allegations were deemed substantiated, |
| 4 | | unsubstantiated, or unfounded. |
| 5 | | (p) Secretary review. Upon review of the Inspector |
| 6 | | General's investigative report and any agency's or facility's |
| 7 | | written response, the Secretary shall accept or reject the |
| 8 | | written response and notify the Inspector General of that |
| 9 | | determination. The Secretary may further direct that other |
| 10 | | administrative action be taken, including, but not limited to, |
| 11 | | any one or more of the following: (i) additional site visits, |
| 12 | | (ii) training, (iii) provision of technical assistance |
| 13 | | relative to administrative needs, licensure, or certification, |
| 14 | | or (iv) the imposition of appropriate sanctions. |
| 15 | | (q) Action by facility or agency. Within 30 days of the |
| 16 | | date the Secretary approves the written response or directs |
| 17 | | that further administrative action be taken, the facility or |
| 18 | | agency shall provide an implementation report to the Inspector |
| 19 | | General that provides the status of the action taken. The |
| 20 | | facility or agency shall be allowed an additional 30 days to |
| 21 | | send notice of completion of the action or to send an updated |
| 22 | | implementation report. If the action has not been completed |
| 23 | | within the additional 30-day period, the facility or agency |
| 24 | | shall send updated implementation reports every 60 days until |
| 25 | | completion. The Inspector General shall conduct a review of |
| 26 | | any implementation plan that takes more than 120 days after |
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| 1 | | approval to complete, and shall monitor compliance through a |
| 2 | | random review of approved written responses, which may |
| 3 | | include, but are not limited to: (i) site visits, (ii) |
| 4 | | telephone contact, and (iii) requests for additional |
| 5 | | documentation evidencing compliance. |
| 6 | | (r) Sanctions. Sanctions, if imposed by the Secretary |
| 7 | | under Subdivision (p)(iv) of this Section, shall be designed |
| 8 | | to prevent further acts of mental abuse, physical abuse, |
| 9 | | sexual abuse, neglect, egregious neglect, or financial |
| 10 | | exploitation or some combination of one or more of those acts |
| 11 | | at a facility or agency, and may include any one or more of the |
| 12 | | following: |
| 13 | | (1) Appointment of on-site monitors. |
| 14 | | (2) Transfer or relocation of an individual or |
| 15 | | individuals. |
| 16 | | (3) Closure of units. |
| 17 | | (4) Termination of any one or more of the following: |
| 18 | | (i) Department licensing, (ii) funding, or (iii) |
| 19 | | certification. |
| 20 | | The Inspector General may seek the assistance of the |
| 21 | | Illinois Attorney General or the office of any State's |
| 22 | | Attorney in implementing sanctions. |
| 23 | | (s) Health Care Worker Registry. |
| 24 | | (1) Reporting to the Registry. The Inspector General |
| 25 | | shall report to the Department of Public Health's Health |
| 26 | | Care Worker Registry, a public registry, the identity and |
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| 1 | | finding of each employee of a facility or agency against |
| 2 | | whom there is a final investigative report containing a |
| 3 | | substantiated allegation of physical or sexual abuse, |
| 4 | | financial exploitation, or egregious neglect of an |
| 5 | | individual. |
| 6 | | (2) Notice to employee. Prior to reporting the name of |
| 7 | | an employee, the employee shall be notified of the |
| 8 | | Department's obligation to report and shall be granted an |
| 9 | | opportunity to request an administrative hearing, the sole |
| 10 | | purpose of which is to determine if the substantiated |
| 11 | | finding warrants reporting to the Registry. Notice to the |
| 12 | | employee shall contain a clear and concise statement of |
| 13 | | the grounds on which the report to the Registry is based, |
| 14 | | offer the employee an opportunity for a hearing, and |
| 15 | | identify the process for requesting such a hearing. Notice |
| 16 | | is sufficient if provided by certified mail to the |
| 17 | | employee's last known address. If the employee fails to |
| 18 | | request a hearing within 30 days from the date of the |
| 19 | | notice, the Inspector General shall report the name of the |
| 20 | | employee to the Registry. Nothing in this subdivision |
| 21 | | (s)(2) shall diminish or impair the rights of a person who |
| 22 | | is a member of a collective bargaining unit under the |
| 23 | | Illinois Public Labor Relations Act or under any other |
| 24 | | federal labor statute. |
| 25 | | (3) Registry hearings. If the employee requests an |
| 26 | | administrative hearing, the employee shall be granted an |
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| 1 | | opportunity to appear before an administrative law judge |
| 2 | | to present reasons why the employee's name should not be |
| 3 | | reported to the Registry. The Department shall bear the |
| 4 | | burden of presenting evidence that establishes, by a |
| 5 | | preponderance of the evidence, that the substantiated |
| 6 | | finding warrants reporting to the Registry. After |
| 7 | | considering all the evidence presented, the administrative |
| 8 | | law judge shall make a recommendation to the Secretary as |
| 9 | | to whether the substantiated finding warrants reporting |
| 10 | | the name of the employee to the Registry. The Secretary |
| 11 | | shall render the final decision. The Department and the |
| 12 | | employee shall have the right to request that the |
| 13 | | administrative law judge consider a stipulated disposition |
| 14 | | of these proceedings. |
| 15 | | (4) Testimony at Registry hearings. A person who makes |
| 16 | | a report or who investigates a report under this Act shall |
| 17 | | testify fully in any judicial proceeding resulting from |
| 18 | | such a report, as to any evidence of abuse or neglect, or |
| 19 | | the cause thereof. No evidence shall be excluded by reason |
| 20 | | of any common law or statutory privilege relating to |
| 21 | | communications between the alleged perpetrator of abuse or |
| 22 | | neglect, or the individual alleged as the victim in the |
| 23 | | report, and the person making or investigating the report. |
| 24 | | Testimony at hearings is exempt from the confidentiality |
| 25 | | requirements of subsection (f) of Section 10 of the Mental |
| 26 | | Health and Developmental Disabilities Confidentiality Act. |
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| 1 | | (5) Employee's rights to collateral action. No |
| 2 | | reporting to the Registry shall occur and no hearing shall |
| 3 | | be set or proceed if an employee notifies the Inspector |
| 4 | | General in writing, including any supporting |
| 5 | | documentation, that he or she is formally contesting an |
| 6 | | adverse employment action resulting from a substantiated |
| 7 | | finding by complaint filed with the Illinois Civil Service |
| 8 | | Commission, or which otherwise seeks to enforce the |
| 9 | | employee's rights pursuant to any applicable collective |
| 10 | | bargaining agreement. If an action taken by an employer |
| 11 | | against an employee as a result of a finding of physical |
| 12 | | abuse, sexual abuse, or egregious neglect is overturned |
| 13 | | through an action filed with the Illinois Civil Service |
| 14 | | Commission or under any applicable collective bargaining |
| 15 | | agreement and if that employee's name has already been |
| 16 | | sent to the Registry, the employee's name shall be removed |
| 17 | | from the Registry. |
| 18 | | (6) Removal from Registry. At any time after the |
| 19 | | report to the Registry, but no more than once in any |
| 20 | | 12-month period, an employee may petition the Department |
| 21 | | in writing to remove his or her name from the Registry. |
| 22 | | Upon receiving notice of such request, the Inspector |
| 23 | | General shall conduct an investigation into the petition. |
| 24 | | Upon receipt of such request, an administrative hearing |
| 25 | | will be set by the Department. At the hearing, the |
| 26 | | employee shall bear the burden of presenting evidence that |
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| 1 | | establishes, by a preponderance of the evidence, that |
| 2 | | removal of the name from the Registry is in the public |
| 3 | | interest. The parties may jointly request that the |
| 4 | | administrative law judge consider a stipulated disposition |
| 5 | | of these proceedings. |
| 6 | | (t) Review of Administrative Decisions. The Department |
| 7 | | shall preserve a record of all proceedings at any formal |
| 8 | | hearing conducted by the Department involving Health Care |
| 9 | | Worker Registry hearings. Final administrative decisions of |
| 10 | | the Department are subject to judicial review pursuant to |
| 11 | | provisions of the Administrative Review Law. |
| 12 | | (u) Quality Care Board. There is created, within the |
| 13 | | Office of the Inspector General, a Quality Care Board to be |
| 14 | | composed of 7 members appointed by the Governor with the |
| 15 | | advice and consent of the Senate. One of the members shall be |
| 16 | | designated as chairman by the Governor. Of the initial |
| 17 | | appointments made by the Governor, 4 Board members shall each |
| 18 | | be appointed for a term of 4 years and 3 members shall each be |
| 19 | | appointed for a term of 2 years. Upon the expiration of each |
| 20 | | member's term, a successor shall be appointed for a term of 4 |
| 21 | | years. In the case of a vacancy in the office of any member, |
| 22 | | the Governor shall appoint a successor for the remainder of |
| 23 | | the unexpired term. |
| 24 | | Members appointed by the Governor shall be qualified by |
| 25 | | professional knowledge or experience in the area of law, |
| 26 | | investigatory techniques, or in the area of care of the |
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| 1 | | mentally ill or care of persons with developmental |
| 2 | | disabilities. Two members appointed by the Governor shall be |
| 3 | | persons with a disability or parents of persons with a |
| 4 | | disability. Members shall serve without compensation, but |
| 5 | | shall be reimbursed for expenses incurred in connection with |
| 6 | | the performance of their duties as members. |
| 7 | | The Board shall meet quarterly, and may hold other |
| 8 | | meetings on the call of the chairman. Four members shall |
| 9 | | constitute a quorum allowing the Board to conduct its |
| 10 | | business. The Board may adopt rules and regulations it deems |
| 11 | | necessary to govern its own procedures. |
| 12 | | The Board shall monitor and oversee the operations, |
| 13 | | policies, and procedures of the Inspector General to ensure |
| 14 | | the prompt and thorough investigation of allegations of |
| 15 | | neglect and abuse. In fulfilling these responsibilities, the |
| 16 | | Board may do the following: |
| 17 | | (1) Provide independent, expert consultation to the |
| 18 | | Inspector General on policies and protocols for |
| 19 | | investigations of alleged abuse, neglect, or both abuse |
| 20 | | and neglect. |
| 21 | | (2) Review existing regulations relating to the |
| 22 | | operation of facilities. |
| 23 | | (3) Advise the Inspector General as to the content of |
| 24 | | training activities authorized under this Section. |
| 25 | | (4) Recommend policies concerning methods for |
| 26 | | improving the intergovernmental relationships between the |
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| 1 | | Office of the Inspector General and other State or federal |
| 2 | | offices. |
| 3 | | (v) Annual report. The Inspector General shall provide to |
| 4 | | the General Assembly and the Governor, no later than January 1 |
| 5 | | of each year, a summary of reports and investigations made |
| 6 | | under this Act for the prior fiscal year with respect to |
| 7 | | individuals receiving mental health or developmental |
| 8 | | disabilities services. The report shall detail the imposition |
| 9 | | of sanctions, if any, and the final disposition of any |
| 10 | | corrective or administrative action directed by the Secretary. |
| 11 | | The summaries shall not contain any confidential or |
| 12 | | identifying information of any individual, but shall include |
| 13 | | objective data identifying any trends in the number of |
| 14 | | reported allegations, the timeliness of the Office of the |
| 15 | | Inspector General's investigations, and their disposition, for |
| 16 | | each facility and Department-wide, for the most recent 3-year |
| 17 | | time period. The report shall also identify, by facility, the |
| 18 | | staff-to-patient ratios taking account of direct care staff |
| 19 | | only. The report shall also include detailed recommended |
| 20 | | administrative actions and matters for consideration by the |
| 21 | | General Assembly. |
| 22 | | (w) Program audit. The Auditor General shall conduct a |
| 23 | | program audit of the Office of the Inspector General on an |
| 24 | | as-needed basis, as determined by the Auditor General. The |
| 25 | | audit shall specifically include the Inspector General's |
| 26 | | compliance with the Act and effectiveness in investigating |
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| 1 | | reports of allegations occurring in any facility or agency. |
| 2 | | The Auditor General shall conduct the program audit according |
| 3 | | to the provisions of the Illinois State Auditing Act and shall |
| 4 | | report its findings to the General Assembly no later than |
| 5 | | January 1 following the audit period.
|
| 6 | | (x) Nothing in this Section shall be construed to mean |
| 7 | | that an individual is a victim of abuse or neglect because of |
| 8 | | health care services appropriately provided or not provided by |
| 9 | | health care professionals. |
| 10 | | (y) Nothing in this Section shall require a facility, |
| 11 | | including its employees, agents, medical staff members, and |
| 12 | | health care professionals, to provide a service to an |
| 13 | | individual in contravention of that individual's stated or |
| 14 | | implied objection to the provision of that service on the |
| 15 | | ground that that service conflicts with the individual's |
| 16 | | religious beliefs or practices, nor shall the failure to |
| 17 | | provide a service to an individual be considered abuse under |
| 18 | | this Section if the individual has objected to the provision |
| 19 | | of that service based on his or her religious beliefs or |
| 20 | | practices.
|
| 21 | | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
|
| 22 | | (20 ILCS 2712/Act rep.) |
| 23 | | Section 20. The Broadband Access on Passenger Rail Law is |
| 24 | | repealed.
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| 1 | | (20 ILCS 3930/7.6 rep.) |
| 2 | | Section 25. The Illinois Criminal Justice Information Act |
| 3 | | is amended by repealing Section 7.6.
|
| 4 | | (20 ILCS 5035/Act rep.) |
| 5 | | Section 30. The Illinois Human Services Commission Act is |
| 6 | | repealed.
|
| 7 | | (30 ILCS 105/5h rep.) |
| 8 | | Section 35. The State Finance Act is amended by repealing |
| 9 | | Section 5h.
|
| 10 | | Section 40. The Illinois Procurement Code is amended by |
| 11 | | changing Section 25-55 as follows:
|
| 12 | | (30 ILCS 500/25-55)
|
| 13 | | Sec. 25-55. Annual reports. Every printed annual report
|
| 14 | | produced by a State agency
shall bear a statement indicating |
| 15 | | whether it was printed by the
State of Illinois or by contract
|
| 16 | | and indicating the printing cost per copy and the number of |
| 17 | | copies
printed. The Department
of Central Management Services |
| 18 | | shall prepare and submit to the
General Assembly on the fourth
|
| 19 | | Wednesday of January in each year a report setting forth with
|
| 20 | | respect to each State agency for
the calendar year immediately |
| 21 | | preceding the calendar year in which
the report is filed the |
| 22 | | total
quantity of annual reports printed, the total cost, and |
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| 1 | | the cost
per copy and the cost per page of the
annual report of |
| 2 | | the State agency printed during the calendar year
covered by |
| 3 | | the report.
|
| 4 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
| 5 | | (205 ILCS 405/3.2 rep.)
|
| 6 | | Section 45. The Currency Exchange Act is amended by |
| 7 | | repealing Section 3.2.
|
| 8 | | Section 50. The Grain Code is amended by changing Section |
| 9 | | 30-25 as follows:
|
| 10 | | (240 ILCS 40/30-25)
|
| 11 | | Sec. 30-25. Grain Insurance Reserve Fund. Upon payment in |
| 12 | | full of all
money that has been transferred to the Fund prior |
| 13 | | to June 30, 2003 from the
General Revenue Fund as provided for |
| 14 | | under subsection (h) of Section 25-20, the
State of Illinois |
| 15 | | shall, subject to appropriation, remit $2,000,000 to the |
| 16 | | Corporation to be held in a
separate and discrete account to be |
| 17 | | used to the extent the assets in the Fund
are insufficient to |
| 18 | | satisfy claimants as payment of their claims become due as
set |
| 19 | | forth in subsection (h) of Section 25-20. The remittance of |
| 20 | | the $2,000,000
reserve shall be made to the Corporation within |
| 21 | | 60 days of payment in full of
all money transferred to the Fund |
| 22 | | as set forth above in this Section
30-25. All income received |
| 23 | | by the Reserve Fund shall be deposited in the Fund
within 35 |
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| 1 | | days of the end of each calendar quarter.
|
| 2 | | (Source: P.A. 93-225, eff. 7-21-03.)
|
| 3 | | Section 55. The Community Services Act is amended by |
| 4 | | changing Section 4 as follows:
|
| 5 | | (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
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| 6 | | Sec. 4. Financing for community services. |
| 7 | | (a) The Department of Human Services
is authorized to
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| 8 | | provide financial reimbursement to eligible private service |
| 9 | | providers,
corporations, local government entities or |
| 10 | | voluntary associations for the
provision of services to |
| 11 | | persons with mental illness, persons with a
developmental |
| 12 | | disability, and persons with substance use disorders who are |
| 13 | | living in the
community for the purpose of achieving the goals |
| 14 | | of this Act.
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| 15 | | The Department shall utilize the following funding |
| 16 | | mechanisms for community
services:
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| 17 | | (1) Purchase of Care Contracts: services purchased on |
| 18 | | a predetermined fee
per unit of service basis from private |
| 19 | | providers or governmental entities. Fee
per service rates |
| 20 | | are set by an established formula which covers some |
| 21 | | portion
of personnel, supplies, and other allowable costs, |
| 22 | | and which makes some
allowance for geographic variations |
| 23 | | in costs as well as for additional program
components.
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| 24 | | (2) Grants: sums of money which the Department grants |
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| 1 | | to private providers or
governmental
entities pursuant to |
| 2 | | the grant recipient's agreement to provide certain
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| 3 | | services, as defined by departmental grant guidelines, to |
| 4 | | an
approximate number of service
recipients. Grant levels |
| 5 | | are set through consideration of personnel, supply and
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| 6 | | other allowable costs, as well as other funds available to |
| 7 | | the program.
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| 8 | | (3) Other Funding Arrangements: funding mechanisms may |
| 9 | | be established
on a pilot basis in order to examine the |
| 10 | | feasibility of alternative financing
arrangements for the |
| 11 | | provision of community services.
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| 12 | | The Department shall establish and maintain an equitable |
| 13 | | system of
payment
which allows providers to improve persons |
| 14 | | with disabilities'
capabilities for
independence and reduces |
| 15 | | their reliance on State-operated
services. |
| 16 | | For services classified as entitlement services under |
| 17 | | federal law or guidelines, caps may not be placed on the total |
| 18 | | amount of payment a provider may receive in a fiscal year and |
| 19 | | the Department shall not require that a portion of the |
| 20 | | payments due be made in a subsequent fiscal year based on a |
| 21 | | yearly payment cap. |
| 22 | | (b) (Blank). The Governor shall create a commission by |
| 23 | | September 1, 2009, or as soon thereafter as possible, to |
| 24 | | review funding methodologies, identify gaps in funding, |
| 25 | | identify revenue, and prioritize use of that revenue for |
| 26 | | community developmental disability services, mental health |
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| 1 | | services, alcohol and substance abuse services, rehabilitation |
| 2 | | services, and early intervention services. The Office of the |
| 3 | | Governor shall provide staff support for the commission. |
| 4 | | (c) (Blank). The first meeting of the commission shall be |
| 5 | | held within the first month after the creation and appointment |
| 6 | | of the commission, and a final report summarizing the |
| 7 | | commission's recommendations must be issued within 12 months |
| 8 | | after the first meeting, and no later than September 1, 2010, |
| 9 | | to the Governor and the General Assembly. |
| 10 | | (d) (Blank). The commission shall have the following 13 |
| 11 | | voting members: |
| 12 | | (A) one member of the House of Representatives, |
| 13 | | appointed by the Speaker of the House of Representatives; |
| 14 | | (B) one member of the House of Representatives, |
| 15 | | appointed by the House Minority Leader; |
| 16 | | (C) one member of the Senate, appointed by the |
| 17 | | President of the Senate; |
| 18 | | (D) one member of the Senate, appointed by the Senate |
| 19 | | Minority Leader; |
| 20 | | (E) one person with a developmental disability, or a |
| 21 | | family member or guardian of such a person, appointed by |
| 22 | | the Governor; |
| 23 | | (F) one person with a mental illness, or a family |
| 24 | | member or guardian of such a person, appointed by the |
| 25 | | Governor; |
| 26 | | (G) two persons from unions that represent employees |
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| 1 | | of community providers that serve people with |
| 2 | | developmental disabilities, mental illness, and alcohol |
| 3 | | and substance abuse disorders, appointed by the Governor; |
| 4 | | and |
| 5 | | (H) five persons from statewide associations that |
| 6 | | represent community providers that provide residential, |
| 7 | | day training, and other developmental disability services, |
| 8 | | mental health services, alcohol and substance abuse |
| 9 | | services, rehabilitation services, or early intervention |
| 10 | | services, or any combination of those, appointed by the |
| 11 | | Governor. |
| 12 | | The commission shall also have the following ex-officio, |
| 13 | | nonvoting members: |
| 14 | | (I) the Director of the Governor's Office of |
| 15 | | Management and Budget or his or her designee; |
| 16 | | (J) the Chief Financial Officer of the Department of |
| 17 | | Human Services or his or her designee; |
| 18 | | (K) the Administrator of the Department of Healthcare |
| 19 | | and Family Services Division of Finance or his or her |
| 20 | | designee; |
| 21 | | (L) the Director of the Department of Human Services |
| 22 | | Division of Developmental Disabilities or his or her |
| 23 | | designee; |
| 24 | | (M) the Director of the Department of Human Services |
| 25 | | Division of Mental Health or his or her designee;
and |
| 26 | | (N) the Director of the Department of Human Services |
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| 1 | | Division of Alcoholism and Substance Abuse or his or her |
| 2 | | designee. |
| 3 | | (e) The funding methodologies must reflect economic |
| 4 | | factors inherent in providing services and supports, recognize |
| 5 | | individual disability needs, and consider geographic |
| 6 | | differences, transportation costs, required staffing ratios, |
| 7 | | and mandates not currently funded.
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| 8 | | (f) In accepting Department funds, providers shall |
| 9 | | recognize
their responsibility to be
accountable to the |
| 10 | | Department and the State for the delivery of services
which |
| 11 | | are consistent
with the philosophies and goals of this Act and |
| 12 | | the rules and regulations
promulgated under it.
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| 13 | | (Source: P.A. 100-759, eff. 1-1-19.)
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| 14 | | (730 ILCS 5/3-5-3 rep.)
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| 15 | | (730 ILCS 5/5-8-1.3 rep.)
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| 16 | | Section 60. The Unified Code of Corrections is amended by |
| 17 | | repealing Sections 3-5-3 and 5-8-1.3.
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| 18 | | Section 65. The Workers' Compensation Act is amended by |
| 19 | | changing Section 18.1 as follows:
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| 20 | | (820 ILCS 305/18.1) |
| 21 | | Sec. 18.1. Claims by former and current employees of the |
| 22 | | Commission. All claims by current and former employees and |
| 23 | | appointees of the Commission shall be assigned to a certified |
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| 1 | | independent arbitrator not employed by the Commission |
| 2 | | designated by the Chairman. In preparing the roster of |
| 3 | | approved certified independent arbitrators, the Chairman shall |
| 4 | | seek the advice and recommendation of the Commission or the |
| 5 | | Workers' Compensation Advisory Board at his or her discretion. |
| 6 | | The Chairman shall designate an arbitrator from a list of |
| 7 | | approved certified arbitrators provided by the Commission |
| 8 | | Review Board. If the Chairman is the claimant, then the |
| 9 | | independent arbitrator from the approved list shall be |
| 10 | | designated by the longest serving Commissioner. The designated |
| 11 | | independent arbitrator shall have the authority of arbitrators |
| 12 | | of the Commission regarding settlement and adjudication of the |
| 13 | | claim of the current and former employees and appointees of |
| 14 | | the Commission. The decision of the independent arbitrator |
| 15 | | shall become the decision of the Commission. An appeal of the |
| 16 | | independent arbitrator's decision shall be subject to judicial |
| 17 | | review in accordance with subsection (f) of Section 19.
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| 18 | | (Source: P.A. 97-18, eff. 6-28-11.)
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| 19 | | (820 ILCS 305/14.1 rep.)
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| 20 | | Section 70. The Workers' Compensation Act is amended by |
| 21 | | repealing Section 14.1.
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| 22 | | Section 99. Effective date. This Act takes effect upon |
| 23 | | becoming law.".
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