Sen. Iris Y. Martinez
Filed: 3/4/2004
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2880 




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    AMENDMENT NO. ______. Amend Senate Bill 2880 on page 1, by 
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replacing lines 9 and 10 with the following: "affordable, and 
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sustainable system of housing, health, and supportive services 
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for older residents of"; and

 
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on page 1, by replacing line 25 with "housing, health, and 
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supportive services, regardless"; and
 
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on page 1, line 26, before "setting", by inserting 
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"residential"; and
 
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on page 1, after line 26, by inserting the following:
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    ""Coordinating Committee" means the Housing, Health, and 
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Supportive Services for Older Adults Coordinating Committee."; 
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and
 
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on page 1, line 29, by deleting "services"; and
 
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on page 2, lines 5 and 6, by deleting "housing, health 
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services, or supportive service"; and
 
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on page 2, by replacing line 7 with the following: "access 
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area."; and
 
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on page 2, line 20, before "setting", by inserting 
 


 






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"residential"; and
 
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on page 2, by replacing lines 23 and 24 with ""Provider" means 
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any supplier of services to an older adult under this Act."; 
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and 
 
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on page 3, by replacing line 12 with ""Services" includes 
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housing, health, and supportive services."; and 
 
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on page 3, line 21, before "and", by inserting "senior center 
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services;"; and
 
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on page 3, by replacing lines 27 and 28 with "(a) The Director 
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of Aging, in collaboration  with the directors of  Public Health 
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and Public Aid and in consultation with the Coordinating 
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Committee, shall monitor"; and 
 
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on page 3, line 29, by deleting "housing and"; and 
 
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on page 3, line 31, by replacing "Public Health" with "Aging"; 
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and
 
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on page 4, line 2, after "Aid" by inserting ", in consultation 
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with the Coordinating Committee,"; and 
 
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on page 4, line 7, before "shall", by inserting ", in 
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consultation with the Coordinating Committee,"; and 
 
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on page 4, lines 10, 11, and 14, by deleting "housing and" each 
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time it appears; and 
 
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on page 4, line 20, by deleting "alternative"; and 
 
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on page 4, line 21, by replacing "Public Aid" with "Aging, 
 


 






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Public Aid,"; and
 
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on page 4, by replacing lines 22 through 25 with the following: 
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"consultation with the Coordinating Committee, shall identify 
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barriers to the provision of  long-term care services and shall 
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implement a plan to address these barriers"; and
 
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on page 4, by replacing line 28 with "requirements, federal 
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requirements and reimbursement, payment, and labor force 
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issues.  The plan may include,"; and 
 
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on page 5, line 3, before "balance", by inserting "unexpended 
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and unreserved"; and
 
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on page 5, line 7, before the period, by inserting "and is not 
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subject to Section 8h of the State Finance Act"; and
 
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on page 5, line 9, after "Authority", by inserting ", in 
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collaboration with the Department on Aging and the departments 
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of Public Health and Public Aid,"; and 
 
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on page 5, line 10, by changing "home facilities" to "homes"; 
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and
 
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on page 5, line 12, by replacing "a nursing home facility" with 
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"all or part of a nursing home"; and
 
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on page 5, line 14, by replacing "or" with a comma; and
 
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on page 5 line 16, after "Code", by inserting ", or a special 
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program or unit for persons with Alzheimer's disease and 
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related disorders licensed under the Assisted Living and Shared 
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Housing Act"; and
 
 


 






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on page 5, lines 20, 29, and 30 by replacing "facility" each 
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time it appears with "nursing home"; and
 
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on page 5, line 31, by deleting "facility"; and
 
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on page 6, lines 6 and 7, by deleting "long-term care"; and 
 
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on page 6, line 11, by replacing "facility" with "nursing 
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home"; and
 
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on page 6, line 24, before "document", by inserting "provide 
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information to the Department of Public Aid to enable that 
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Department to"; and 
 
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on page 6, by replacing line 28 with "Committee of the"; and 
 
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on page 6, line 31, after "Health", by inserting ", in 
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collaboration with the Department of Public Aid and the 
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Department on Aging and in consultation with the Coordinating 
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Committee,"; and 
 
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on page 7, line 2, before "balance", by inserting "unexpended 
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and unreserved"; and
 
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on page 7, line 6, before the period, by inserting "and is not 
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subject to Section 8h of the State Finance Act"; and
 
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on page 7, line 7, before "shall", by inserting ", in 
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collaboration with the Department of Public Aid and the 
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Department on Aging,"; and 
 
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on page 7, line 15, before "settings", by inserting 
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"residential"; and
 
 


 






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on page 7, by replacing lines 25 and 26 with "under this 
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Section, the following factors shall be considered:"; and 
 
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on page 8, line 6, before "shall", by inserting ", in 
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collaboration with the Department of Public Aid and the 
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Department on Aging,"; and 
 
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on page 8, line 13, after "shall", by inserting "provide 
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information to the Department of Public Aid to enable that 
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Department to"; and
 
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on page 8, line 15, by replacing "and" with ". The Department 
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of Public Aid"; and
 
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on page 8, line 16, after "Aging,", by inserting "the 
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Department of Public Health,"; and
 
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on page 8, by replacing line 17 with "Coordinating Committee"; 
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and 
 
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on page 8, line 19, by replacing "Alternative long-term" with 
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"Long-term"; and
 
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on page 8, line 21, by adding after "year," the following: 
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"except for continuing appropriations subject to subsection 
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(b) of Section 25 of the State Finance Act"; and 
 
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on page 8, line 21, by changing "unspent" to "unexpended"; and
 
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on page 8, line 22, by changing "unencumbered State general 
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fund" to "unreserved State General Revenue Fund"; and 
 
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on page 8, by replacing line 23 with "care for older adults, 
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including nursing facility, older adults"; and 
 
 


 






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on page 8, lines 25, 26, and 34, by  deleting "Alternative" each 
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time it appears; and
 
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on page 8, line 26, after the period, by inserting "The Fund is 
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not subject to Section 8h of the State Finance Act."; and
 
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on page 8, line 27, by changing "may be used only" to "shall be 
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used"; and 
 
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on page 9, line 5, by replacing "Alternative long-term" with 
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"Long-term"; and
 
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on page 9, line 34, by deleting "and"; and
 
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on page 9, between lines 34 and 35, by inserting the following:
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    "(22) adult day services for persons with Alzheimer's 
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disease and related disorders;
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    (23) senior centers; and"; and

 
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on page 9, line 35, by changing "(22)" to "(24)"; and
 
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on page 10, lines 1 and 18, before "setting" each time it 
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appears, by inserting "residential"; and
 
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on page 10, by replacing line 2 with the following:
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    "Section 37. Housing, Health, and Supportive Services for 
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Older Adults Coordinating Committee.
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    (a) The Governor shall appoint the Housing, Health, and 
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Supportive Services for Older Adults Coordinating Committee. 
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    (b) The Committee shall be comprised of the following 
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persons: 
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        (1) the Director of Aging, who shall serve as chair, ex 
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officio and nonvoting;
 


 






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        (2) the directors of Public Aid and Public Health,  who 
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shall serve as vice chairs, ex officio and nonvoting;
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        (3) one representative each of the departments of 
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Public Aid, Public Health, Human Services, Insurance, and  
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Commerce and Economic Opportunity, the Department on 
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Aging, the Office of the State Ombudsman, and the Illinois 
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Finance Authority, all nonvoting members;
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        (4) one member selected from the recommendations of the 
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statewide organization representing the Area Agencies on 
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Aging;
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        (5) four members selected from the recommendations of 
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statewide provider organizations whose membership consists 
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of nursing homes or assisted living establishments;
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        (6) one member selected from the recommendations of the 
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statewide provider organization whose membership consists 
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of home health agencies;
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        (7) one member selected from the recommendations of the 
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statewide provider organization whose membership provides 
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case coordination services;
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        (8) two members selected from the recommendations of 
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statewide senior center associations;
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        (9) one member selected from the recommendations of 
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statewide provider organizations whose membership provides 
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community care homemaker services;
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        (10) one member selected from the recommendations of 
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the statewide provider organization whose membership 
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provides community care adult day services;
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        (11) one member selected from the recommendations of 
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the statewide provider organization representing nutrition 
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project directors; 
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        (12) two members selected from the recommendations of 
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statewide membership-based organizations that engage 
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solely in advocacy or legal representation on behalf of the 
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senior population; 
 


 






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        (13) one member selected from the recommendations of 
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organizations representing individuals with Alzheimer's 
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disease and related dementias; 
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        (14) two members selected from the recommendations of 
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statewide  trade or labor unions;
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        (15) a professional nurse selected from the 
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recommendations of statewide professional nursing 
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associations; and
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        (16) a physician specializing in gerontology selected 
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from the recommendations of statewide organizations 
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representing physicians; 
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    (c) Members of the Committee appointed under paragraphs (4) 
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through (16) of subsection (b) shall be appointed to serve for 
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terms of 3 years except as otherwise provided in this 
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subsection.  All such members shall be appointed no later than 
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January 1, 2005.  Six of those members' initial terms shall 
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expire in one year; six in 2 years, and seven in 3 years.  A 
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member's term does not expire until a successor is appointed by 
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the Governor. Any member appointed to fill a vacancy occurring 
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prior to the expiration of the term for which his or her 
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predecessor was appointed shall be appointed for the remainder 
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of
that term.
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    (d) The Committee shall meet at the call of the Director of 
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Aging. The affirmative vote of 10 members of the Committee 
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shall be necessary for Committee action.
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    (e)   Members of the Committee shall receive no compensation 
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for their services.
 
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    Section 40. Statewide system of comprehensive case 
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management services; quality improvement."; and
 
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on page 10, lines 4, 15, and 34, by deleting "of State 
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Agencies"; and
 
 


 






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on page 10, lines 5 and 16, by deleting "Serving Older Persons" 
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and
 
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on page 10, line 5, after "implement", by inserting "and 
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oversee"; and 
 
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on page 10, by replacing lines 9 through 13 with "in need of 
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services, regardless of the
setting in which services are 
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provided."; and

 
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on page 10, after line 32, by inserting the following:
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     "In no instance may a provider of comprehensive case 
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management services provide to an older adult information that 
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includes any unlicensed or uncertified provider of services if 
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the provider is required to be licensed."; and 
 
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on page 10, by replacing lines 34 and 35 with "consultation 
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with the Coordinating Committee,"; and 
 
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on page 11, by deleting line 1; and
 
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on page 11 by replacing lines 8 and 9 with "establish 
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payments."; and
 
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on page 11, lines 30 and 31, by deleting "housing, health 
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services, and supportive services"; and
 
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on page 12, lines 21 and 22, by deleting "housing, health 
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services, and supportive"; and
 
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on page 12, line 26, by replacing "of State Agencies" with a 
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comma; and 
 
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on page 12, by deleting lines 27 and 28; and 
 
 


 






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on page 13, line 3, by deleting "housing, health services, and 
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supportive"; and
 
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on page 13, line 7, by deleting "alternative"; and
 
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on page 13, line 16, by replacing "Department of Public Aid" 
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with "Department on Aging"; and
 
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on page 13, line 27, by replacing "and Aging" with "Public Aid, 
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and Aging, in consultation with the Coordinating Committee,"; 
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and
 
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on page 20, line 20, after "5.623", by inserting "and changing 
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Section 8h"; and
 
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on page 20, line 27, by deleting "Alternative"; and
 
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on page 20,  after line 28, by inserting the following:
 
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    "(30 ILCS 105/8h)


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    Sec. 8h. Transfers to General Revenue Fund.  
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    (a) Except as provided in subsection (b), notwithstanding

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Notwithstanding any other
State law to the contrary, the 
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Director of the
Governor's Office of Management and Budget

may 
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from time to time direct the State Treasurer and Comptroller to 
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transfer
a specified sum from any fund held by the State 
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Treasurer to the General
Revenue Fund in order to help defray 
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the State's operating costs for the
fiscal year.  The total 
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transfer under this Section from any fund in any
fiscal year 
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shall not exceed the lesser of 8% of the revenues to be 
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deposited
into the fund during that year or 25% of the 
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beginning balance in the fund.
No transfer may be made from a 
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fund under this Section that would have the
effect of reducing 
 


 






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the available balance in the fund to an amount less than
the 
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amount remaining unexpended and unreserved from the total 
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appropriation
from that fund for that fiscal year.  This Section 
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does not apply to any
funds that are restricted by federal law 
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to a specific use or to any funds in
the Motor Fuel Tax Fund or 
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the Hospital Provider Fund.  Notwithstanding any
other 
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provision of this Section,
the total transfer under this 
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Section from the Road Fund or the State
Construction Account 
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Fund shall not exceed 5% of the revenues to be deposited
into 
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the fund during that year.


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    In determining the available balance in a fund, the 
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Director of the
Governor's Office of Management and Budget

may 
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include receipts, transfers into the fund, and other
resources 
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anticipated to be available in the fund in that fiscal year.


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    The State Treasurer and Comptroller shall transfer the 
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amounts designated
under this Section as soon as may be 
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practicable after receiving the direction
to transfer from the 
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Director of the Governor's Office of Management and
Budget.


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    (b) This Section does not apply to the Nursing Home 
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Conversion Fund, the Nursing Home Transition Planning Grant 
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Fund, or the Long-Term Care Services for Older Adults Fund.

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(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)".