govt.fyi
Back to HB 4584
Illinois General Assembly· HB 4584Governor Approved

DHS-DEMENTIA TRAINING, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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.)
Every fact on this page links to its source, starting with the official bill record.