DHFS-LIVE-IN CAREGIVER WAIVER

Illinois General Assembly - Full Text of SB3649

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3649

Introduced 2/5/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-54 new

Amends the Medical Assistance Article of the Illinois Public Aid
Code. Provides that, in accordance with federal guidance issued by the
federal Centers for Medicare and Medicaid Services, the Department of
Healthcare and Family Services shall exempt from electronic visit
verification requirements all live-in caregivers who provide
Medicaid-funded personal care services or home health care services under
the Illinois Title XIX State Plan or a waiver of the plan, including
personal care services and home health care services provided under
various home and community-based services waiver programs authorized under
the Social Security Act. Defines "live-in caregiver". Grants the
Department rulemaking authority. Effective immediately.
LRB104 19303 KTG 32749 b

A BILL FOR

SB3649
LRB104 19303 KTG 32749 b
1

AN ACT concerning public aid.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Public Aid Code is amended by
5
adding Section 5-54 as follows:

6

(305 ILCS 5/5-54 new)
7

Sec. 5-54.
Electronic visit verification system; live-in
8
caregiver exemption.
In accordance with federal guidance
9
issued by the federal Centers for Medicare and Medicaid
10
Services in its "CMCS Informational Bulletin" on August 8,
11
2019 that allows state Medicaid agencies to exempt live-in
12
caregivers from the electronic visit verification requirements
13
authorized under Section 12006(a) of the 21st Century Cures
14
Act (Public Law 114-255), the Department of Healthcare and
15
Family Services shall exempt from electronic visit
16
verification requirements all live-in caregivers who provide
17
personal care services under the Adults with Developmental
18
Disabilities waiver and the Support Waiver for Children and
19
Young Adults with Developmental Disabilities authorized under
20
Section 1915(c) of the Social Security Act. As used in this
21
Section, "live-in caregiver" means a caregiver as defined by
22
the Department of Human Services. The Department of Healthcare
23
and Family Services and the Department of Human Services may

SB3649
- 2 -
LRB104 19303 KTG 32749 b
1
adopt any rules necessary to implement this Section, including
2
rules on the form and manner in which a live-in caregiver must
3
verify that he or she meets the definition of "live-in
4
caregiver".

5

Section 99.
Effective date.
This Act takes effect upon
6
becoming law.

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