HB4584: DHS-DEMENTIA TRAINING

HB4584 Enrolled LRB104 17615 KTG 31046 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Rehabilitation of Persons with Disabilities 5 Act is amended by changing Section 3 as follows: 6 (20 ILCS 2405/3) (from Ch. 23, par. 3434) 7 Sec. 3. Powers and duties. The Department shall have the 8 powers and duties enumerated herein: 9 (a) To cooperate with the federal government in the 10 administration of the provisions of the federal 11 Rehabilitation Act of 1973, as amended by the Workforce 12 Innovation and Opportunity Act, and of the federal Social 13 Security Act to the extent and in the manner provided in 14 these Acts. 15 (b) To prescribe and supervise such courses of 16 vocational training and provide such other services as may 17 be necessary for the vocational rehabilitation of persons 18 with one or more disabilities, including the 19 administrative activities under subsection (e) of this 20 Section; to cooperate with State and local school 21 authorities and other recognized agencies engaged in 22 vocational rehabilitation services; and to cooperate with 23 the Department of Children and Family Services, the HB4584 Enrolled - 2 - LRB104 17615 KTG 31046 b 1 Illinois State Board of Education, and others regarding 2 the education of children with one or more disabilities. 3 (c) (Blank). 4 (d) To report in writing, to the Governor, annually on 5 or before the first day of December, and at such other 6 times and in such manner and upon such subjects as the 7 Governor may require. The annual report shall contain (1) 8 information on the programs and activities dedicated to 9 vocational rehabilitation, independent living, and other 10 community services and supports administered by the 11 Director; (2) information on the development of vocational 12 rehabilitation services, independent living services, and 13 supporting services administered by the Director in the 14 State; and (3) information detailing the amounts of money 15 received from federal, State, and other sources, and of 16 the objects and purposes to which the respective items of 17 these several amounts have been devoted. 18 (e) (Blank). 19 (f) To establish a program of services to prevent the 20 unnecessary institutionalization of persons in need of 21 long term care and who meet the criteria for blindness or 22 disability as defined by the Social Security Act, thereby 23 enabling them to remain in their own homes. Such 24 preventive services include any or all of the following: 25 (1) personal assistant services; 26 (2) homemaker services; HB4584 Enrolled - 3 - LRB104 17615 KTG 31046 b 1 (3) home-delivered meals; 2 (4) adult day care services; 3 (5) respite care; 4 (6) home modification or assistive equipment; 5 (7) home health services; 6 (8) electronic home response; 7 (9) brain injury behavioral/cognitive services; 8 (10) brain injury habilitation; 9 (11) brain injury pre-vocational services; or 10 (12) brain injury supported employment. 11 The Department shall establish eligibility standards 12 for such services taking into consideration the unique 13 economic and social needs of the population for whom they 14 are to be provided. Such eligibility standards may be 15 based on the recipient's ability to pay for services; 16 provided, however, that any portion of a person's income 17 that is equal to or less than the "protected income" level 18 shall not be considered by the Department in determining 19 eligibility. The "protected income" level shall be 20 determined by the Department, shall never be less than the 21 federal poverty standard, and shall be adjusted each year 22 to reflect changes in the Consumer Price Index For All 23 Urban Consumers as determined by the United States 24 Department of Labor. The standards must provide that a 25 person may not have more than $10,000 in assets to be 26 eligible for the services, and the Department may increase HB4584 Enrolled - 4 - LRB104 17615 KTG 31046 b 1 or decrease the asset limitation by rule. The Department 2 may not decrease the asset level below $10,000. Subject to 3 federal approval, the Department shall allow a recipient's 4 spouse, guardian, kin, or siblings to serve as his or her 5 provider of personal care or similar services. 6 The services shall be provided, as established by the 7 Department by rule, to eligible persons to prevent 8 unnecessary or premature institutionalization, to the 9 extent that the cost of the services, together with the 10 other personal maintenance expenses of the persons, are 11 reasonably related to the standards established for care 12 in a group facility appropriate to their condition. These 13 non-institutional services, pilot projects or experimental 14 facilities may be provided as part of or in addition to 15 those authorized by federal law or those funded and 16 administered by the Illinois Department on Aging. The 17 Department shall set rates and fees for services in a fair 18 and equitable manner. Services identical to those offered 19 by the Department on Aging shall be paid at the same rate. 20 Except as otherwise provided in this paragraph, 21 personal assistants shall be paid at a rate negotiated 22 between the State and an exclusive representative of 23 personal assistants under a collective bargaining 24 agreement. In no case shall the Department pay personal 25 assistants an hourly wage that is less than the federal 26 minimum wage. Within 30 days after July 6, 2017 (the HB4584 Enrolled - 5 - LRB104 17615 KTG 31046 b 1 effective date of Public Act 100-23), the hourly wage paid 2 to personal assistants and individual maintenance home 3 health workers shall be increased by $0.48 per hour. Wages 4 and other benefits for personal assistants shall not count 5 against benefits that guardians receive as outlined in 6 Article XIa of the Probate Act of 1975. 7 Solely for the purposes of coverage under the Illinois 8 Public Labor Relations Act, personal assistants providing 9 services under the Department's Home Services Program 10 shall be considered to be public employees and the State 11 of Illinois shall be considered to be their employer as of 12 July 16, 2003 (the effective date of Public Act 93-204), 13 but not before. Solely for the purposes of coverage under 14 the Illinois Public Labor Relations Act, home care and 15 home health workers who function as personal assistants 16 and individual maintenance home health workers and who 17 also provide services under the Department's Home Services 18 Program shall be considered to be public employees, no 19 matter whether the State provides such services through 20 direct fee-for-service arrangements, with the assistance 21 of a managed care organization or other intermediary, or 22 otherwise, and the State of Illinois shall be considered 23 to be the employer of those persons as of January 29, 2013 24 (the effective date of Public Act 97-1158), but not before 25 except as otherwise provided under this subsection (f). 26 The State shall engage in collective bargaining with an HB4584 Enrolled - 6 - LRB104 17615 KTG 31046 b 1 exclusive representative of home care and home health 2 workers who function as personal assistants and individual 3 maintenance home health workers working under the Home 4 Services Program concerning their terms and conditions of 5 employment that are within the State's control. Nothing in 6 this paragraph shall be understood to limit the right of 7 the persons receiving services defined in this Section to 8 hire and fire home care and home health workers who 9 function as personal assistants and individual maintenance 10 home health workers working under the Home Services 11 Program or to supervise them within the limitations set by 12 the Home Services Program. The State shall not be 13 considered to be the employer of home care and home health 14 workers who function as personal assistants and individual 15 maintenance home health workers working under the Home 16 Services Program for any purposes not specifically 17 provided in Public Act 93-204 or Public Act 97-1158, 18 including but not limited to, purposes of vicarious 19 liability in tort and purposes of statutory retirement or 20 health insurance benefits. Home care and home health 21 workers who function as personal assistants and individual 22 maintenance home health workers and who also provide 23 services under the Department's Home Services Program 24 shall not be covered by the State Employees Group 25 Insurance Act of 1971. 26 The Department shall execute, relative to nursing home HB4584 Enrolled - 7 - LRB104 17615 KTG 31046 b 1 prescreening, as authorized by Section 4.03 of the 2 Illinois Act on the Aging, written inter-agency agreements 3 with the Department on Aging and the Department of 4 Healthcare and Family Services, to effect the intake 5 procedures and eligibility criteria for those persons who 6 may need long term care. On and after July 1, 1996, all 7 nursing home prescreenings for individuals 18 through 59 8 years of age shall be conducted by the Department, or a 9 designee of the Department. 10 The Department is authorized to establish a system of 11 recipient cost-sharing for services provided under this 12 Section. The cost-sharing shall be based upon the 13 recipient's ability to pay for services, but in no case 14 shall the recipient's share exceed the actual cost of the 15 services provided. Protected income shall not be 16 considered by the Department in its determination of the 17 recipient's ability to pay a share of the cost of 18 services. The level of cost-sharing shall be adjusted each 19 year to reflect changes in the "protected income" level. 20 The Department shall deduct from the recipient's share of 21 the cost of services any money expended by the recipient 22 for disability-related expenses. 23 To the extent permitted under the federal Social 24 Security Act, the Department, or the Department's 25 authorized representative, may recover the amount of 26 moneys expended for services provided to or in behalf of a HB4584 Enrolled - 8 - LRB104 17615 KTG 31046 b 1 person under this Section by a claim against the person's 2 estate or against the estate of the person's surviving 3 spouse, but no recovery may be had until after the death of 4 the surviving spouse, if any, and then only at such time 5 when there is no surviving child who is under age 21 or 6 blind or who has a permanent and total disability. This 7 paragraph, however, shall not bar recovery, at the death 8 of the person, of moneys for services provided to the 9 person or in behalf of the person under this Section to 10 which the person was not entitled; provided that such 11 recovery shall not be enforced against any real estate 12 while it is occupied as a homestead by the surviving 13 spouse or other dependent, if no claims by other creditors 14 have been filed against the estate, or, if such claims 15 have been filed, they remain dormant for failure of 16 prosecution or failure of the claimant to compel 17 administration of the estate for the purpose of payment. 18 This paragraph shall not bar recovery from the estate of a 19 spouse, under Sections 1915 and 1924 of the Social 20 Security Act and Section 5-4 of the Illinois Public Aid 21 Code, who precedes a person receiving services under this 22 Section in death. All moneys for services paid to or in 23 behalf of the person under this Section shall be claimed 24 for recovery from the deceased spouse's estate. 25 "Homestead", as used in this paragraph, means the dwelling 26 house and contiguous real estate occupied by a surviving HB4584 Enrolled - 9 - LRB104 17615 KTG 31046 b 1 spouse or relative, as defined by the rules and 2 regulations of the Department of Healthcare and Family 3 Services, regardless of the value of the property. 4 This paragraph applies to Home Services Program 5 rehabilitation counselors and to those homemaker agency 6 employees who provide direct care services to individuals 7 participating in the Home Services Program. Direct Service 8 workers shall complete dementia training totaling at least 9 2 hours at the start of their employment. Those 10 aforementioned persons employed on the effective date of 11 this amendatory Act of the 104th General Assembly shall 12 complete this training within 6 months after the effective 13 date of this amendatory Act of the 104th General Assembly. 14 The training shall cover the following subjects: (1) 15 Alzheimer's disease and dementia, (2) safety risks, and 16 (3) communication and behavior. Annual continuing 17 education training shall include dementia training 18 totaling at least 2 hours covering the subjects described 19 in this paragraph. The purpose of this paragraph is to 20 improve the quality of training for direct service workers 21 under the Home Services Program. If other laws or rules 22 existing on the effective date of this amendatory Act of 23 the 104th General Assembly contain more rigorous dementia 24 training requirements for specific individuals providing 25 direct services under the Home Services Program, then 26 those laws or rules shall continue to apply. An individual HB4584 Enrolled - 10 - LRB104 17615 KTG 31046 b 1 who is required to receive dementia training under any 2 other law or rule may be considered exempt from the 3 requirements of this paragraph if the other law's or 4 rule's training requirement includes a minimum 2 hours of 5 dementia training in the required subjects. The individual 6 shall be required to show proof that he or she received 7 dementia training equivalent to the training required 8 under this paragraph. For individual providers covered by 9 a collective bargaining agreement, the Department shall 10 work with the joint training committee established by the 11 collective bargaining agreement covering individual 12 providers to discuss parameters and specific topics for 13 the curriculum covering dementia training as part of the 14 provided training for individual providers. 15 (g) To establish such subdivisions of the Department 16 as shall be desirable and assign to the various 17 subdivisions the responsibilities and duties placed upon 18 the Department by law. 19 (h) To cooperate and enter into any necessary 20 agreements with the Department of Employment Security for 21 the provision of job placement and job referral services 22 to clients of the Department, including job service 23 registration of such clients with Illinois Employment 24 Security offices and making job listings maintained by the 25 Department of Employment Security available to such 26 clients. HB4584 Enrolled - 11 - LRB104 17615 KTG 31046 b 1 (i) To possess all powers reasonable and necessary for 2 the exercise and administration of the powers, duties and 3 responsibilities of the Department which are provided for 4 by law. 5 (j) (Blank). 6 (k) (Blank). 7 (l) To establish, operate, and maintain a Statewide 8 Housing Clearinghouse of information on available 9 government subsidized housing accessible to persons with 10 disabilities and available privately owned housing 11 accessible to persons with disabilities. The information 12 shall include, but not be limited to, the location, rental 13 requirements, access features and proximity to public 14 transportation of available housing. The Clearinghouse 15 shall consist of at least a computerized database for the 16 storage and retrieval of information and a separate or 17 shared toll free telephone number for use by those seeking 18 information from the Clearinghouse. Department offices and 19 personnel throughout the State shall also assist in the 20 operation of the Statewide Housing Clearinghouse. 21 Cooperation with local, State, and federal housing 22 managers shall be sought and extended in order to 23 frequently and promptly update the Clearinghouse's 24 information. 25 (m) To assure that the names and case records of 26 persons who received or are receiving services from the HB4584 Enrolled - 12 - LRB104 17615 KTG 31046 b 1 Department, including persons receiving vocational 2 rehabilitation, home services, or other services, and 3 those attending one of the Department's schools or other 4 supervised facility shall be confidential and not be open 5 to the general public. Those case records and reports or 6 the information contained in those records and reports 7 shall be disclosed by the Director only to proper law 8 enforcement officials, individuals authorized by a court, 9 the General Assembly or any committee or commission of the 10 General Assembly, and other persons and for reasons as the 11 Director designates by rule. Disclosure by the Director 12 may be only in accordance with other applicable law. 13 (Source: P.A. 102-264, eff. 8-6-21; 102-826, eff. 5-13-22; 14 103-479, eff. 1-1-24 .)