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