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Full Text of HB4584

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HB4584 - 104th General Assembly

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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
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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
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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
.)

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