Aging Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 5058
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2 | AMENDMENT NO. ______. Amend House Bill 5058 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | adding Section 8.08 as follows: | ||||||
6 | (20 ILCS 105/8.08 new) | ||||||
7 | Sec. 8.08. Critical access service areas; Long-term Care | ||||||
8 | Services for Older Adults Fund. | ||||||
9 | (a) For the purposes of this Section: | ||||||
10 | "Coordinating Committee" means the Housing, Health, and | ||||||
11 | Supportive Services for Older Adults Coordinating Committee | ||||||
12 | established in subsection (d) of this Section. | ||||||
13 | "Critical access service area" means an area of the State | ||||||
14 | that is being underserved with respect to services, on the | ||||||
15 | basis of being more than 30 minutes travel time under normal | ||||||
16 | driving conditions from the next nearest provider, or an | ||||||
17 | underserved area or health professional shortage area served by | ||||||
18 | a single provider. | ||||||
19 | "Provider" means any supplier of services to an older adult | ||||||
20 | under this Act. | ||||||
21 | "Services" includes housing, health, and supportive | ||||||
22 | services.
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23 | (b) The Director of Aging, in collaboration with the | ||||||
24 | Director of Public Health and the Director of Public Aid and in |
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1 | consultation with the Coordinating Committee, shall monitor | ||||||
2 | and analyze the distribution of services for older adults in | ||||||
3 | each geographic area of the State, identify service deficits or | ||||||
4 | problems, and designate critical access service areas.
By July | ||||||
5 | 1, 2005 and every 5 years thereafter, the Director of Aging | ||||||
6 | shall submit to the General Assembly an assessment of the | ||||||
7 | availability of services that identifies service deficits or | ||||||
8 | problems and includes a plan to address these deficits or | ||||||
9 | problems.
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10 | (c) At the end of each State fiscal year, except for | ||||||
11 | continuing appropriations subject to subsection (b) of Section | ||||||
12 | 25 of the State Finance Act, any unexpended and unreserved | ||||||
13 | General Revenue Fund appropriations for long-term care for | ||||||
14 | older adults, including nursing facilities, elderly waivers, | ||||||
15 | alternative care, and home care services, shall be deposited | ||||||
16 | into the Long-Term Care Services for Older Adults Fund, a | ||||||
17 | special fund hereby created in the State treasury that is not | ||||||
18 | subject to Section 8h of the State Finance Act. Moneys in the | ||||||
19 | Fund shall be used to fund the following alternative long-term | ||||||
20 | care services, with priority given to the distribution of funds | ||||||
21 | for services in critical access service areas: | ||||||
22 | (1) adult day services; | ||||||
23 | (2) home health services; | ||||||
24 | (3) homemaker services; | ||||||
25 | (4) personal care; | ||||||
26 | (5) case management; | ||||||
27 | (6) respite care; | ||||||
28 | (7) services provided under the Assisted Living and | ||||||
29 | Shared Housing Act, sheltered care services that meet the | ||||||
30 | requirements of the Assisted Living and Shared Housing Act, | ||||||
31 | or services provided under Section 5-5.01a of the Public | ||||||
32 | Aid Code, the Supportive Living Facilities Pilot Program; | ||||||
33 | (8) emergency response services; | ||||||
34 | (9) transition services; |
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1 | (10) residential care services; | ||||||
2 | (11) care-related supplies and equipment; | ||||||
3 | (12) meals delivered to the home; | ||||||
4 | (13) congregate meals; | ||||||
5 | (14) money management; | ||||||
6 | (15) transportation; | ||||||
7 | (16) companion services; | ||||||
8 | (17) nutrition services; | ||||||
9 | (18) family care services; | ||||||
10 | (19) training for direct informal caregivers; | ||||||
11 | (20) telemedicine devices to monitor recipients in | ||||||
12 | their own homes as an alternative to hospital care, nursing | ||||||
13 | home care, or home visits; | ||||||
14 | (21) environmental modifications; | ||||||
15 | (22) adult day services for persons with Alzheimer's | ||||||
16 | disease and related dementias;
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17 | (23) senior centers; and
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18 | (24) other programs designed to assist older | ||||||
19 | Illinoisans to remain independent and receive services in | ||||||
20 | the most integrated setting possible for that person. | ||||||
21 | (d) The Housing, Health, and Supportive Services for Older | ||||||
22 | Adults Coordinating Committee is hereby created. The Committee | ||||||
23 | shall be comprised of the following: | ||||||
24 | (1) The Director of Aging or his or her designee, who | ||||||
25 | shall serve as chair and shall be an ex officio and | ||||||
26 | nonvoting member. | ||||||
27 | (2) The Director of Public Aid and the Director of | ||||||
28 | Public Health, who shall serve as vice-chairs and shall be | ||||||
29 | ex officio and nonvoting members. | ||||||
30 | (3) One representative each of the Department of Public | ||||||
31 | Aid, the Department of Public Health, the Department of | ||||||
32 | Human Services, the Department of Insurance, the | ||||||
33 | Department of Commerce and Economic Affairs, the | ||||||
34 | Department on Aging, the Office of the State Ombudsman, and |
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1 | the Illinois Housing Finance Authority, who shall be | ||||||
2 | appointed by the Governor and shall be nonvoting members. | ||||||
3 | (4) One member appointed by the Governor selected from | ||||||
4 | the recommendations of the statewide organization | ||||||
5 | representing the Area Agencies on Aging. | ||||||
6 | (5) Four members appointed by the Governor selected | ||||||
7 | from the recommendations of statewide provider | ||||||
8 | organizations whose membership consists of nursing homes | ||||||
9 | or assisted living establishments. | ||||||
10 | (6) One member appointed by the Governor selected from | ||||||
11 | the recommendations of the statewide provider organization | ||||||
12 | whose membership consists of home health agencies. | ||||||
13 | (7) One member appointed by the Governor selected from | ||||||
14 | the recommendations of the statewide provider organization | ||||||
15 | whose membership provides case coordination services. | ||||||
16 | (8) Two members appointed by the Governor selected from | ||||||
17 | the recommendations of statewide senior center | ||||||
18 | associations. | ||||||
19 | (9) One member appointed by the Governor selected from | ||||||
20 | the recommendations of statewide provider organizations | ||||||
21 | whose membership provides community care homemaker | ||||||
22 | services. | ||||||
23 | (10) One member appointed by the Governor selected from | ||||||
24 | the recommendations of the statewide provider organization | ||||||
25 | whose membership provides community care adult day | ||||||
26 | services. | ||||||
27 | (11) One member appointed by the Governor selected from | ||||||
28 | the recommendations of the statewide provider organization | ||||||
29 | representing nutrition project directors. | ||||||
30 | (12) Two members appointed by the Governor selected | ||||||
31 | from the recommendations of statewide membership based | ||||||
32 | organizations that engage solely in advocacy or legal | ||||||
33 | representation on behalf of the senior population. | ||||||
34 | (13) One member appointed by the Governor selected from |
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1 | the recommendations of organizations representing | ||||||
2 | individuals with Alzheimer's disease and related | ||||||
3 | dementias. | ||||||
4 | (14) Two members appointed by the Governor selected | ||||||
5 | from the recommendations of statewide trade or labor | ||||||
6 | unions. | ||||||
7 | (15) One professional nurse appointed by the Governor | ||||||
8 | selected from the recommendations of statewide | ||||||
9 | professional nursing associations. | ||||||
10 | (16) One physician appointed by the Governor | ||||||
11 | specializing in gerontology selected from the | ||||||
12 | recommendations of statewide organizations representing | ||||||
13 | physicians. | ||||||
14 | Members of the Coordinating Committee appointed by the | ||||||
15 | Governor shall be appointed to serve for terms of 3 years. All | ||||||
16 | members shall be appointed no later than January 1, 2005. Of | ||||||
17 | the initial appointees, 6 members shall serve a term of one | ||||||
18 | year; 6 shall serve for a term of 2 years; and 7 shall serve for | ||||||
19 | a term of 3 years. A member's term does not expire until a | ||||||
20 | successor is appointed by the Governor. Any member appointed to | ||||||
21 | fill a vacancy occurring prior to the expiration of the term | ||||||
22 | for which his or her predecessor was appointed shall be | ||||||
23 | appointed for the remainder of that term. The Committee shall | ||||||
24 | meet at the call of the Chair. The affirmative vote of 10 | ||||||
25 | members of the Coordinating Committee shall be necessary for | ||||||
26 | committee action. Members of the Coordinating Committee shall | ||||||
27 | receive no compensation for their services.
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28 | (e) Nothing in this Section prevents a nursing facility | ||||||
29 | from being eligible to provide any of the services listed in | ||||||
30 | subsection (c).
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31 | Section 10. The State Finance Act is amended by amending | ||||||
32 | Section 8h and by adding Section
5.625 as follows:
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1 | (30 ILCS 105/5.625 new)
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2 | Sec. 5.625. The Long-term Care Services for Older Adults | ||||||
3 | Fund.
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4 | (30 ILCS 105/8h)
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5 | Sec. 8h. Transfers to General Revenue Fund.
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6 | (a) Except as provided in subsection (b), notwithstanding
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7 | Notwithstanding any other
State law to the contrary, the | ||||||
8 | Director of the
Governor's Office of Management and Budget
may | ||||||
9 | from time to time direct the State Treasurer and Comptroller to | ||||||
10 | transfer
a specified sum from any fund held by the State | ||||||
11 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
12 | the State's operating costs for the
fiscal year. The total | ||||||
13 | transfer under this Section from any fund in any
fiscal year | ||||||
14 | shall not exceed the lesser of 8% of the revenues to be | ||||||
15 | deposited
into the fund during that year or 25% of the | ||||||
16 | beginning balance in the fund.
No transfer may be made from a | ||||||
17 | fund under this Section that would have the
effect of reducing | ||||||
18 | the available balance in the fund to an amount less than
the | ||||||
19 | amount remaining unexpended and unreserved from the total | ||||||
20 | appropriation
from that fund for that fiscal year. This Section | ||||||
21 | does not apply to any
funds that are restricted by federal law | ||||||
22 | to a specific use or to any funds in
the Motor Fuel Tax Fund or | ||||||
23 | the Hospital Provider Fund. Notwithstanding any
other | ||||||
24 | provision of this Section,
the total transfer under this | ||||||
25 | Section from the Road Fund or the State
Construction Account | ||||||
26 | Fund shall not exceed 5% of the revenues to be deposited
into | ||||||
27 | the fund during that year.
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28 | In determining the available balance in a fund, the | ||||||
29 | Director of the
Governor's Office of Management and Budget
may | ||||||
30 | include receipts, transfers into the fund, and other
resources | ||||||
31 | anticipated to be available in the fund in that fiscal year.
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32 | The State Treasurer and Comptroller shall transfer the | ||||||
33 | amounts designated
under this Section as soon as may be |
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1 | practicable after receiving the direction
to transfer from the | ||||||
2 | Director of the Governor's Office of Management and
Budget.
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3 | (b) This Section does not apply to the Long-term Care | ||||||
4 | Services for Older Adults Fund.
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5 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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