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1 | AN ACT concerning long-term care.
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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 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Priority for In-Home and Community Support Services Act. | ||||||||||||||||||||||||
6 | Section 5. Findings and policy. | ||||||||||||||||||||||||
7 | (a) The Legislature finds as follows: | ||||||||||||||||||||||||
8 | (1) In-home and community support services have not | ||||||||||||||||||||||||
9 | been sufficiently available to many adults with long-term | ||||||||||||||||||||||||
10 | care needs. | ||||||||||||||||||||||||
11 | (2) Many adults with long-term care needs have already | ||||||||||||||||||||||||
12 | been placed in institutional settings, because in-home and | ||||||||||||||||||||||||
13 | community support services or funds to pay for these | ||||||||||||||||||||||||
14 | services have not been available to them. | ||||||||||||||||||||||||
15 | (3) In some instances placement of adults with | ||||||||||||||||||||||||
16 | long-term care needs in institutional settings can result | ||||||||||||||||||||||||
17 | in emotional and social problems for these adults and their | ||||||||||||||||||||||||
18 | families. | ||||||||||||||||||||||||
19 | (4) For many adults with long-term care needs, it is | ||||||||||||||||||||||||
20 | less costly for the State to provide in-home and community | ||||||||||||||||||||||||
21 | support services than it is to provide care in | ||||||||||||||||||||||||
22 | institutional settings. | ||||||||||||||||||||||||
23 | (b) The Legislature declares that it is the policy of this | ||||||||||||||||||||||||
24 | State: | ||||||||||||||||||||||||
25 | (1) To increase the availability of in-home and | ||||||||||||||||||||||||
26 | community support services for adults with long-term care | ||||||||||||||||||||||||
27 | needs.
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28 | (2) That the priority recipients of in-home and | ||||||||||||||||||||||||
29 | community support services, pursuant to this Act, shall be | ||||||||||||||||||||||||
30 | the elderly and disabled adults who already have been | ||||||||||||||||||||||||
31 | placed inappropriately in an institutional setting. | ||||||||||||||||||||||||
32 | (3) That a variety of agencies, facilities, and |
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1 | individuals shall be encouraged to provide in-home and | ||||||
2 | community support services. | ||||||
3 | Section 10. Definitions. In this Act: | ||||||
4 | "Adult with long-term care needs" means an adult who has a | ||||||
5 | physical or mental limitation that restricts his or her ability | ||||||
6 | to carry out activities of daily living and impedes his or her | ||||||
7 | ability to live independently and who already has been placed | ||||||
8 | inappropriately in an institutional setting. | ||||||
9 | "Agreement" means a contract, grant, or other method of | ||||||
10 | payment. | ||||||
11 | "Department" means the Department on Aging, the Department | ||||||
12 | of Human Services, or the Department of Public Aid, as | ||||||
13 | applicable to the population served by each agency | ||||||
14 | respectively. | ||||||
15 | "In-home and community support services" means health and | ||||||
16 | social services and other assistance required to enable adults | ||||||
17 | with long-term care needs to remain in their places of | ||||||
18 | residence. These services include, but are not limited to, | ||||||
19 | medical and diagnostic services; professional nursing; | ||||||
20 | physical, occupational, and speech therapy; dietary and | ||||||
21 | nutrition services; home health aide services; personal care | ||||||
22 | assistance services; companion and attendant services; | ||||||
23 | handyman, chore, and homemaker services; respite care; | ||||||
24 | counseling services; transportation; small rent subsidies; | ||||||
25 | various devices that lessen the effects of disabilities; and | ||||||
26 | other appropriate and necessary social services.
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27 | "Institutional settings" means residential care | ||||||
28 | facilities, intermediate care and skilled nursing facilities | ||||||
29 | and units and hospitals, and State institutions for individuals | ||||||
30 | who are mentally ill or mentally retarded or who have related | ||||||
31 | conditions. | ||||||
32 | "Personal care assistance services" means services that | ||||||
33 | are required by an adult with long-term care needs to achieve | ||||||
34 | greater physical independence. These services may be | ||||||
35 | consumer-directed and include, but are not limited to, the |
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1 | following: | ||||||
2 | (1) Routine bodily functions, such as bowel or bladder | ||||||
3 | care. | ||||||
4 | (2) Dressing. | ||||||
5 | (3) Preparation and consumption of food.
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6 | (4) Moving in and out of bed. | ||||||
7 | (5) Routine bathing. | ||||||
8 | (6) Ambulation. | ||||||
9 | (7) Any other similar activity of daily living. | ||||||
10 | "Provider" means any entity, agency, facility, or | ||||||
11 | individual who offers or plans to offer any in-home or | ||||||
12 | community support services. | ||||||
13 | "Severe disability" means a disability that results in a | ||||||
14 | person having a severe and chronic physical, sensory, or | ||||||
15 | cognitive limitation that restricts the person's ability to | ||||||
16 | carry out the normal activities of daily living and to live | ||||||
17 | independently. | ||||||
18 | Section 15. Programs; rules. | ||||||
19 | (a) The Department shall establish and administer programs | ||||||
20 | of in-home and community support services for adults with | ||||||
21 | long-term care needs, by itself or in cooperation with the | ||||||
22 | federal government. Programs and services under this Act may | ||||||
23 | include, but are not limited to, the program and services | ||||||
24 | provided under Section 4.02 of the Illinois Act on the Aging. | ||||||
25 | (b) Subject to appropriation, an adult with long-term care | ||||||
26 | needs who applies for services under any program established | ||||||
27 | under this Act is entitled to receive services under the | ||||||
28 | program if the Department determines that the adult is eligible | ||||||
29 | according to the criteria set forth in Section 20. | ||||||
30 | (c) The Department shall adopt rules, including rules that | ||||||
31 | specify the criteria to be used in ranking proposals, as | ||||||
32 | necessary for the effective administration of any programs of | ||||||
33 | in-home and community support services established under this | ||||||
34 | Act. The Department shall consult with consumers of in-home and | ||||||
35 | community support services, representatives of such consumers, |
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1 | and providers of such services in developing the rules. | ||||||
2 | Section 20. Eligibility. An adult with long-term care needs | ||||||
3 | is eligible for in-home and community support services under | ||||||
4 | this Act if the Department determines that the adult: | ||||||
5 | (1) already has been placed inappropriately in an | ||||||
6 | institutional setting; | ||||||
7 | (2) has a need for in-home and community support | ||||||
8 | services; and
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9 | (3) has no or insufficient personal income or other | ||||||
10 | support from public services, family members, and | ||||||
11 | neighbors. | ||||||
12 | Section 25. Multidisciplinary teams. | ||||||
13 | (a) The Department shall designate several | ||||||
14 | multidisciplinary teams throughout the State to assist the | ||||||
15 | Department with evaluations of adults with long-term care | ||||||
16 | needs.
Each multidisciplinary team must include at least one | ||||||
17 | social services professional or health care professional and, | ||||||
18 | whenever possible, the adult with long-term care needs and a | ||||||
19 | member of the adult's family or a designated representative. | ||||||
20 | (b) For each adult with long-term care needs evaluated by a | ||||||
21 | multidisciplinary team, the team shall assist the Department | ||||||
22 | with the following:
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23 | (1) Determining the adult's eligibility for in-home | ||||||
24 | and community support services. | ||||||
25 | (2) Developing a plan of services for the adult, in | ||||||
26 | cooperation with the probable providers of the services, | ||||||
27 | whenever those providers are not members of the team. | ||||||
28 | (3) Arranging for the provision of the needed services. | ||||||
29 | (4) Reevaluating the adult periodically to determine | ||||||
30 | his or her continuing need for the services. | ||||||
31 | (5) Consulting when possible with the adult's | ||||||
32 | attending physician, if any. | ||||||
33 | Section 30. Delivery of services.
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1 | (a) In order to provide in-home and community support | ||||||
2 | services, the Department may use its own staff and its | ||||||
3 | designees and may enter into agreements with providers. | ||||||
4 | (b) Each agreement entered into under subsection (a) must | ||||||
5 | specify, among other things, the types of in-home and community | ||||||
6 | support services to be provided, the cost of the services, the | ||||||
7 | method of payment, and the criteria to be used for evaluating | ||||||
8 | the provision of services. | ||||||
9 | (c) The Department shall solicit proposals from providers | ||||||
10 | who would like to provide in-home and community support | ||||||
11 | services under this Act. A provider must submit a proposal in | ||||||
12 | the form and manner required by the Department. The Department | ||||||
13 | shall select proposals according to rankings based on the | ||||||
14 | criteria developed in rules. | ||||||
15 | (d) The Department may not refuse to pay a relative of an | ||||||
16 | adult with long-term care needs for the provision of in-home | ||||||
17 | and community support services or personal care assistance | ||||||
18 | services if the relative is qualified to provide the services | ||||||
19 | and the payment is not prohibited by federal law or regulation. | ||||||
20 | Section 35. Funding of programs.
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21 | (a) The Department may apply for and use any federal or | ||||||
22 | private moneys and other support that becomes available to | ||||||
23 | carry out any program of in-home and community support services | ||||||
24 | established under this Act. | ||||||
25 | (b) The Department shall develop, whenever practicable, | ||||||
26 | sliding fee scales for in-home and community support services | ||||||
27 | provided under this Act. | ||||||
28 | (c) The Department may make payments directly to adults | ||||||
29 | with long-term care needs through the use of vouchers to enable | ||||||
30 | such adults to purchase in-home and community support services | ||||||
31 | under this Act. | ||||||
32 | (d) The Department shall disburse moneys under this Act in | ||||||
33 | a manner that ensures, to the extent practicable, equitable | ||||||
34 | distribution of services among adults with long-term care needs | ||||||
35 | and among the various regions of the State. |
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1 | Section 40. Demonstration projects. The Department may | ||||||
2 | initiate demonstration projects to test new ways of providing | ||||||
3 | in-home and community support services, including, but not | ||||||
4 | limited to, projects that test the ability of hospitals, | ||||||
5 | skilled nursing facilities, or intermediate care facilities to | ||||||
6 | provide these services in ancillary facilities or through | ||||||
7 | affiliates.
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