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1 | AN ACT concerning LGBTQ older adults.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | |||||||||||||||||||||||||||||||||
5 | changing Sections 3, 7.01, and 7.09 and by adding Sections | |||||||||||||||||||||||||||||||||
6 | 3.12, 3.13, 8.10, 8.11, and 8.12 as follows:
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7 | (20 ILCS 105/3) (from Ch. 23, par. 6103)
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8 | Sec. 3.
As used in this Act, unless the context otherwise | |||||||||||||||||||||||||||||||||
9 | requires, the
terms specified in Sections 3.01 through 3.13 | |||||||||||||||||||||||||||||||||
10 | 3.11 have the meanings
ascribed to
them in those Sections.
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11 | (Source: P.A. 101-325, eff. 8-9-19.)
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12 | (20 ILCS 105/3.12 new) | |||||||||||||||||||||||||||||||||
13 | Sec. 3.12. "Commission" means the Illinois Commission on | |||||||||||||||||||||||||||||||||
14 | LGBTQ Aging. | |||||||||||||||||||||||||||||||||
15 | (20 ILCS 105/3.13 new) | |||||||||||||||||||||||||||||||||
16 | Sec. 3.13. "LGBTQ older adults" means adults 55 years of | |||||||||||||||||||||||||||||||||
17 | age or older who are lesbian, gay, bisexual, transgender, | |||||||||||||||||||||||||||||||||
18 | intersex, gender non-conforming, Two-Spirit, non-binary, | |||||||||||||||||||||||||||||||||
19 | same-gender-loving, queer, or any other diverse sexual | |||||||||||||||||||||||||||||||||
20 | orientation or gender identity.
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1 | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
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2 | Sec. 7.01.
The Council shall consist of 31 voting members, | ||||||
3 | including: two Senators
appointed by the President of the | ||||||
4 | Senate; two Senators appointed by the
Senate Minority Leader; | ||||||
5 | two Representatives appointed by the Speaker of the
House of | ||||||
6 | Representatives; two Representatives appointed by the House
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7 | Minority Leader; and twenty three citizen members, at least | ||||||
8 | sixteen of whom
shall be senior citizens. Of the citizen | ||||||
9 | members, at least 7 shall represent underrepresented | ||||||
10 | communities as follows:
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11 | (1) one member who is a lesbian, gay, bisexual, or | ||||||
12 | queer individual; | ||||||
13 | (2) one member who is a transgender or | ||||||
14 | gender-expansive individual; | ||||||
15 | (3) one member who is a person living with HIV; | ||||||
16 | (4) one member who is an African-American or Black | ||||||
17 | individual; | ||||||
18 | (5) one member who is a Hispanic or Latino individual; | ||||||
19 | (6) one member who is an Asian-American or Pacific | ||||||
20 | Islander individual; and | ||||||
21 | (7) one member who is an ethnically diverse | ||||||
22 | individual. | ||||||
23 | (Source: P.A. 78-242 .)
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24 | (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
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25 | Sec. 7.09. The Council shall have the following powers and |
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1 | duties:
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2 | (1) review and comment upon reports of the Department | ||||||
3 | to the Governor
and the General Assembly;
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4 | (2) prepare and submit to the Governor, the General | ||||||
5 | Assembly and the
Director an annual report evaluating the | ||||||
6 | level and quality of all programs,
services and facilities | ||||||
7 | provided to the aging by State agencies;
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8 | (3) review and comment upon the comprehensive state | ||||||
9 | plan prepared by the
Department;
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10 | (4) review and comment upon disbursements by the | ||||||
11 | Department of public
funds to private agencies;
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12 | (5) recommend candidates to the Governor for | ||||||
13 | appointment as Director of
the Department;
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14 | (6) consult with the Director regarding the operations | ||||||
15 | of the
Department ; and .
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16 | (7) review and support implementation of the | ||||||
17 | Commission's recommendations as identified in the | ||||||
18 | Commission's Second Report, which shall be issued no later | ||||||
19 | than March 30, 2025. | ||||||
20 | The requirement for reporting to the General Assembly | ||||||
21 | shall be satisfied
by filing copies of the report as required
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22 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
23 | filing such additional copies
with the State Government Report | ||||||
24 | Distribution Center for the General Assembly
as is required | ||||||
25 | under
paragraph (t) of Section 7 of the State Library Act.
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26 | (Source: P.A. 100-1148, eff. 12-10-18.)
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1 | (20 ILCS 105/8.10 new) | ||||||
2 | Sec. 8.10. The Illinois Commission on LGBTQ Aging. | ||||||
3 | (a) Commission purpose. The Commission is created to | ||||||
4 | investigate, analyze, and study the health, housing, | ||||||
5 | financial, psychosocial, home-and-community-based services, | ||||||
6 | assisted living, and long-term care needs of LGBTQ older | ||||||
7 | adults and their caregivers. The Commission shall make | ||||||
8 | recommendations to improve access to benefits, services, and | ||||||
9 | supports for LGBTQ older adults and their caregivers. The | ||||||
10 | Commission, in formulating its recommendations, shall take | ||||||
11 | into account the best policies and practices in other states | ||||||
12 | and jurisdictions. Specifically, the Commission shall: | ||||||
13 | (1) Examine the impact of State and local laws, | ||||||
14 | policies, and regulations on LGBTQ older adults and make | ||||||
15 | recommendations to ensure equitable access, treatment, | ||||||
16 | care and benefits, and overall quality of life. | ||||||
17 | (2) Examine best practices for increasing access, | ||||||
18 | reducing isolation, preventing abuse and exploitation, | ||||||
19 | promoting independence and self-determination, | ||||||
20 | strengthening caregiving, eliminating disparities, and | ||||||
21 | improving overall quality of life for LGBTQ older adults. | ||||||
22 | (3) Examine the impact of race, ethnicity, sex | ||||||
23 | assigned at birth, socioeconomic status, disability, | ||||||
24 | sexual orientation, gender identity, and other | ||||||
25 | characteristics on access to services for LGBTQ older |
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1 | adults and make recommendations to ensure equitable | ||||||
2 | access, treatment, care, and benefits and overall quality | ||||||
3 | of life. | ||||||
4 | (4) Examine the experiences and needs of LGBTQ older | ||||||
5 | adults living with HIV/AIDS and make recommendations to | ||||||
6 | ensure equitable access, treatment, care, benefits, and | ||||||
7 | overall quality of life. | ||||||
8 | (5) Examine strategies to increase provider awareness | ||||||
9 | of the needs of LGBTQ older adults and their caregivers | ||||||
10 | and to improve the competence of and access to treatment, | ||||||
11 | services, and ongoing care, including preventive care. | ||||||
12 | (6) Examine the feasibility of developing statewide | ||||||
13 | training curricula to improve provider competency in the | ||||||
14 | delivery of culturally responsive health, housing, and | ||||||
15 | long-term support services to LGBTQ older adults and their | ||||||
16 | caregivers. | ||||||
17 | (7) Assess the funding and programming needed to | ||||||
18 | enhance services to the growing population of LGBTQ older | ||||||
19 | adults. | ||||||
20 | (8) Examine whether certain policies and practices, or | ||||||
21 | the absence thereof, promote the premature admission of | ||||||
22 | LGBTQ older adults to institutional care, and examine | ||||||
23 | whether potential cost-savings exist for LGBTQ older | ||||||
24 | adults as a result of providing lower cost and culturally | ||||||
25 | responsive home and community-based alternatives to | ||||||
26 | institutional care. |
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1 | (9) Examine outreach protocols to reduce apprehension | ||||||
2 | among LGBTQ older adults and caregivers of utilizing | ||||||
3 | mainstream providers. | ||||||
4 | (10) Evaluate the implementation status of Public Act | ||||||
5 | 101-325. | ||||||
6 | (11) Evaluate the implementation status of Public Act | ||||||
7 | 102-543, examine statewide strategies for the collection | ||||||
8 | of sexual orientation and gender identity data and the | ||||||
9 | impact of these strategies on the provision of services to | ||||||
10 | LGBTQ older adults, and conduct a statewide survey | ||||||
11 | designed to approximate the number of LGBTQ older adults | ||||||
12 | in the State and collect demographic information (if | ||||||
13 | resources allow for the implementation of a survey | ||||||
14 | instrument). | ||||||
15 | (b) Commission members. | ||||||
16 | (1) The Commission shall include at least all of the | ||||||
17 | following persons who must be appointed by the Governor | ||||||
18 | within 60 days after the effective date of this amendatory | ||||||
19 | Act of the 102nd General Assembly: | ||||||
20 | (A) one member from a statewide organization that | ||||||
21 | advocates for older adults; | ||||||
22 | (B) one member from a national organization that | ||||||
23 | advocates for LGBTQ older adults; | ||||||
24 | (C) one member from a community-based, multi-site | ||||||
25 | healthcare organization founded to serve LGBTQ people; | ||||||
26 | (D) the director of senior services from a |
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1 | community center serving LGBTQ people, or the | ||||||
2 | director's designee; | ||||||
3 | (E) one member from an HIV/AIDS service | ||||||
4 | organization; | ||||||
5 | (F) one member from an organization that is a | ||||||
6 | project incubator and think tank that is focused on | ||||||
7 | action that leads to improved outcomes and | ||||||
8 | opportunities for LGBTQ communities; | ||||||
9 | (G) one member from a labor organization that | ||||||
10 | provides care and services for older adults in | ||||||
11 | long-term care facilities; | ||||||
12 | (H) one member from a statewide association | ||||||
13 | representing long-term care facilities; | ||||||
14 | (I) 5 members from organizations that serve Black, | ||||||
15 | Asian-American, Pacific Islander, Indigenous, or | ||||||
16 | Latinx LGBTQ people; | ||||||
17 | (J) one member from a statewide organization for | ||||||
18 | people with disabilities; and | ||||||
19 | (K) 10 LGBTQ older adults, including at least: | ||||||
20 | (i) 3 members who are transgender or | ||||||
21 | gender-expansive individuals; | ||||||
22 | (ii) 2 members who are older adults living | ||||||
23 | with HIV; | ||||||
24 | (iii) one member who is Two-Spirit; | ||||||
25 | (iv) one member who is an African-American or | ||||||
26 | Black individual; |
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1 | (v) one member who is a Latinx individual; | ||||||
2 | (vi) one member who is an Asian-American or | ||||||
3 | Pacific Islander individual; and | ||||||
4 | (vii) one member who is an ethnically diverse | ||||||
5 | individual. | ||||||
6 | (2) The following State agencies shall each designate | ||||||
7 | one representative to serve as an ex officio member of the | ||||||
8 | Commission: the Department, the Department of Public | ||||||
9 | Health, the Department of Human Services, the Department | ||||||
10 | of Healthcare and Family Services, and the Department of | ||||||
11 | Veterans' Affairs. | ||||||
12 | (3) Appointing authorities shall ensure, to the | ||||||
13 | maximum extent practicable, that the Commission is diverse | ||||||
14 | with respect to race, ethnicity, age, sexual orientation, | ||||||
15 | gender identity, gender expression, and geography. | ||||||
16 | (4) Members of the Commission shall serve until this | ||||||
17 | Section is repealed. Members shall continue to serve until | ||||||
18 | their successors are appointed. Any vacancy shall be | ||||||
19 | filled by the appointing authority. Any vacancy occurring | ||||||
20 | other than by the dissolution of the Commission shall be | ||||||
21 | filled for the balance of the unexpired term. Members of | ||||||
22 | the Commission shall serve without compensation but shall | ||||||
23 | be reimbursed for expenses necessarily incurred in the | ||||||
24 | performance of their duties. | ||||||
25 | (c) Commission organization. The Commission shall provide | ||||||
26 | for its organization and procedure, including selection of the |
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1 | chairperson and vice-chairperson. A majority of the Commission | ||||||
2 | shall constitute a quorum for the transaction of business. | ||||||
3 | Administrative and other support for the Commission shall be | ||||||
4 | provided by the Department. Any State agency under the | ||||||
5 | jurisdiction of the Governor shall provide testimony and | ||||||
6 | information as directed by the Commission. | ||||||
7 | (d) Meetings and reports. The Commission shall: | ||||||
8 | (1) Hold at least one public meeting per quarter. | ||||||
9 | Public meetings may be virtually conducted. | ||||||
10 | (2) No later than March 30, 2023, submit a First | ||||||
11 | Report to the Illinois General Assembly that contains | ||||||
12 | findings and recommendations, including any recommended | ||||||
13 | legislation. The First Report shall be made available to | ||||||
14 | the public on the Department's publicly accessible | ||||||
15 | website. | ||||||
16 | (3) No later than March 30, 2025, submit a Second | ||||||
17 | Report in the same manner as the First Report, containing | ||||||
18 | updates to the findings and recommendations contained in | ||||||
19 | the First Report. The Second Report shall be made | ||||||
20 | available to the public on the Department's publicly | ||||||
21 | accessible website. | ||||||
22 | The Department and Commission may collaborate with an | ||||||
23 | institution of higher education in Illinois to compile the | ||||||
24 | First Report and Second Report. | ||||||
25 | (e) This Section is repealed 3 years after the effective | ||||||
26 | date of this amendatory Act of the 102nd General Assembly. |
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1 | (20 ILCS 105/8.11 new) | ||||||
2 | Sec. 8.11. LGBTQ Older Adult Advocate. | ||||||
3 | (a) The Director shall designate an LGBTQ Older Adult | ||||||
4 | Advocate to discharge the requirements of this Section. The | ||||||
5 | LGBTQ Older Adult Advocate shall have the powers delegated to | ||||||
6 | them by the Department, in addition to the powers set forth in | ||||||
7 | this Section. | ||||||
8 | (b) The LGBTQ Older Adult Advocate shall: | ||||||
9 | (1) advocate for LGBTQ older adults and older adults | ||||||
10 | living with HIV who experience barriers to accessing and | ||||||
11 | utilizing services; | ||||||
12 | (2) ensure the needs and perspectives of LGBTQ older | ||||||
13 | adults and older adults living with HIV are included and | ||||||
14 | incorporated in the Department's decision-making and | ||||||
15 | policymaking processes and throughout the Department's | ||||||
16 | operations and programs; | ||||||
17 | (3) recommend to and assist providers and the public | ||||||
18 | with identifying how best to serve and affirm LGBTQ older | ||||||
19 | adults and older adults living with HIV; | ||||||
20 | (4) administer and oversee the curriculum and training | ||||||
21 | program established by Section 8.12 of this Act; | ||||||
22 | (5) support LGBTQ older adults and older adults living | ||||||
23 | with HIV with information about their civil rights and | ||||||
24 | ability to access federal, State, and local aging services | ||||||
25 | and benefits; and |
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1 | (6) support the work and policy recommendations of the | ||||||
2 | Commission on LGBTQ Aging, the Council on Aging, and the | ||||||
3 | State Plan on Aging. | ||||||
4 | (c) In meeting the requirements of this Section, the LGBTQ | ||||||
5 | Older Adult Advocate shall collaborate with organizations or | ||||||
6 | individuals that affirm LGBTQ older adults and older adults | ||||||
7 | living with HIV and have recognized expertise in identifying | ||||||
8 | and addressing the legal and social challenges faced by LGBTQ | ||||||
9 | older adults and older adults living with HIV. | ||||||
10 | (d) The Department shall maintain information about the | ||||||
11 | LGBTQ Older Adult Advocate, including contact information, on | ||||||
12 | the Department's publicly accessible website. | ||||||
13 | (e) The Department may adopt rules for the administration, | ||||||
14 | implementation, and enforcement of this Section. | ||||||
15 | (20 ILCS 105/8.12 new) | ||||||
16 | Sec. 8.12. LGBTQ Older Adult Curriculum and Training | ||||||
17 | Program. | ||||||
18 | (a) All providers of services who contract with or receive | ||||||
19 | funding from the Department shall complete a curriculum and | ||||||
20 | training program on the prevention and elimination of | ||||||
21 | discrimination based on sexual orientation, gender identity, | ||||||
22 | and gender expression and on providing affirming care and | ||||||
23 | improving access to services for LGBTQ older adults, older | ||||||
24 | adults living with HIV, and their caregivers. The curriculum | ||||||
25 | and training program must be completed by all employees of |
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1 | each provider as well as the employees of the provider's | ||||||
2 | subgrantees and vendors. Providers shall complete training in | ||||||
3 | accordance with the Department's established training | ||||||
4 | requirements. Providers must maintain records of when each | ||||||
5 | employee completes the curriculum and training program. Such | ||||||
6 | proof of completion shall be made available to the Department | ||||||
7 | upon its request. | ||||||
8 | (b) The Department may develop the curriculum and training | ||||||
9 | program or may contract with organizations or individuals to | ||||||
10 | provide their curriculum and training program. Such | ||||||
11 | organizations or individuals must affirm LGBTQ older adults | ||||||
12 | and older adults living with HIV and have recognized expertise | ||||||
13 | in identifying and addressing the legal and social challenges | ||||||
14 | faced by LGBTQ older adults and older adults living with HIV. | ||||||
15 | If the Department develops its own curriculum and training | ||||||
16 | program, the Department shall collaborate on developing the | ||||||
17 | program with individuals and organizations that affirm LGBTQ | ||||||
18 | older adults and older adults living with HIV and have | ||||||
19 | recognized expertise in identifying and addressing the legal | ||||||
20 | and social challenges faced by LGBTQ older adults and older | ||||||
21 | adults living with HIV. At a minimum, the curriculum and | ||||||
22 | training program required by this Section must address the | ||||||
23 | following: | ||||||
24 | (1) definitions of common terms and examples | ||||||
25 | associated with sexual orientation, gender identity, and | ||||||
26 | gender expression; |
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1 | (2) affirming methods of communicating with or about | ||||||
2 | LGBTQ older adults and older adults living with HIV; | ||||||
3 | (3) the health and social challenges historically | ||||||
4 | faced by LGBTQ older adults and older adults living with | ||||||
5 | HIV; | ||||||
6 | (4) the importance of professionalism by providers and | ||||||
7 | the way caretaker attitudes affect access to care, | ||||||
8 | services, participation, and overall physical and mental | ||||||
9 | health outcomes; | ||||||
10 | (5) methods to create a safe and affirming environment | ||||||
11 | and the penalties for failing to meet legal and | ||||||
12 | professional standards; and | ||||||
13 | (6) legal issues relating to LGBTQ older adults and | ||||||
14 | older adults living with HIV, including, but not limited | ||||||
15 | to, civil rights and marriage laws. | ||||||
16 | (c) The curriculum and training program established in | ||||||
17 | accordance with this Section shall be implemented by the | ||||||
18 | Department within 12 months after the effective date of this | ||||||
19 | amendatory Act of the 102nd General Assembly.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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