SB2578eng 103RD GENERAL ASSEMBLY

SB2578 Engrossed LRB103 32328 KTG 61673 b

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by adding Section 5-52 as follows:

(305 ILCS 5/5-52 new)

Sec. 5-52. Electronic visit verification system; live-in caregiver exemption. In accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services in its "CMCS Informational Bulletin" on August 8, 2019 that allows state Medicaid agencies to exempt live-in caregivers from the electronic visit verification requirements authorized under Section 12006(a) of the 21st Century Cures Act (Public Law 114-255), the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide personal care services under the Adults with Developmental Disabilities waiver and the Support Waiver for Children and Young Adults with Developmental Disabilities authorized under Section 1915(c) of the Social Security Act.

As used in this Section, "live-in caregiver" means a caregiver who permanently or for an extended period of time resides in the same residence as the individual receiving Medicaid-funded personal care services or home health care services. Live-in caregiver status shall be determined by meeting requirements established by the U.S. Department of Labor, Internal Revenue Service, or extenuating circumstances approved by the Department of Healthcare and Family Services.

The Department of Healthcare and Family Services may adopt any rules necessary to implement this Section, including rules on the form and manner in which a caregiver must verify that he or she meets the definition of "live-in caregiver".

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