Illinois General Assembly - Full Text of HB4656
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Full Text of HB4656  102nd General Assembly

HB4656eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4656 EngrossedLRB102 23346 KTG 32512 b

1    AN ACT concerning LGBTQ older adults.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5changing Sections 3, 7.01, and 7.09 and by adding Sections
63.12, 3.13, 8.10, 8.11, and 8.12 as follows:
 
7    (20 ILCS 105/3)  (from Ch. 23, par. 6103)
8    Sec. 3. As used in this Act, unless the context otherwise
9requires, the terms specified in Sections 3.01 through 3.13
103.11 have the meanings ascribed to them in those Sections.
11(Source: P.A. 101-325, eff. 8-9-19.)
 
12    (20 ILCS 105/3.12 new)
13    Sec. 3.12. "Commission" means the Illinois Commission on
14LGBTQ Aging.
 
15    (20 ILCS 105/3.13 new)
16    Sec. 3.13. "LGBTQ older adults" means adults 55 years of
17age or older who are lesbian, gay, bisexual, transgender,
18intersex, gender non-conforming, Two-Spirit, non-binary,
19same-gender-loving, queer, or any other diverse sexual
20orientation or gender identity.
 

 

 

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1    (20 ILCS 105/7.01)  (from Ch. 23, par. 6107.01)
2    Sec. 7.01. The Council shall consist of 31 voting members,
3including: two Senators appointed by the President of the
4Senate; two Senators appointed by the Senate Minority Leader;
5two Representatives appointed by the Speaker of the House of
6Representatives; two Representatives appointed by the House
7Minority Leader; and twenty three citizen members, at least
8sixteen of whom shall be senior citizens. Of the citizen
9members, at least 7 shall represent underrepresented
10communities as follows:
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.)
 
24    (20 ILCS 105/7.09)  (from Ch. 23, par. 6107.09)
25    Sec. 7.09. The Council shall have the following powers and

 

 

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1duties:
2        (1) review and comment upon reports of the Department
3    to the Governor and the General Assembly;
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;
8        (3) review and comment upon the comprehensive state
9    plan prepared by the Department;
10        (4) review and comment upon disbursements by the
11    Department of public funds to private agencies;
12        (5) recommend candidates to the Governor for
13    appointment as Director of the Department;
14        (6) consult with the Director regarding the operations
15    of the Department; and .
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
21shall be satisfied by filing copies of the report as required
22by Section 3.1 of the General Assembly Organization Act, and
23filing such additional copies with the State Government Report
24Distribution Center for the General Assembly as is required
25under paragraph (t) of Section 7 of the State Library Act.
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
4investigate, analyze, and study the health, housing,
5financial, psychosocial, home-and-community-based services,
6assisted living, and long-term care needs of LGBTQ older
7adults and their caregivers. The Commission shall make
8recommendations to improve access to benefits, services, and
9supports for LGBTQ older adults and their caregivers. The
10Commission, in formulating its recommendations, shall take
11into account the best policies and practices in other states
12and 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
26for its organization and procedure, including selection of the

 

 

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1chairperson and vice-chairperson. A majority of the Commission
2shall constitute a quorum for the transaction of business.
3Administrative and other support for the Commission shall be
4provided by the Department. Any State agency under the
5jurisdiction of the Governor shall provide testimony and
6information 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
23institution of higher education in Illinois to compile the
24First Report and Second Report.
25    (e) This Section is repealed 3 years after the effective
26date 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
4Advocate to discharge the requirements of this Section. The
5LGBTQ Older Adult Advocate shall have the powers delegated to
6them by the Department, in addition to the powers set forth in
7this 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
5Older Adult Advocate shall collaborate with organizations or
6individuals that affirm LGBTQ older adults and older adults
7living with HIV and have recognized expertise in identifying
8and addressing the legal and social challenges faced by LGBTQ
9older adults and older adults living with HIV.
10    (d) The Department shall maintain information about the
11LGBTQ Older Adult Advocate, including contact information, on
12the Department's publicly accessible website.
13    (e) The Department may adopt rules for the administration,
14implementation, and enforcement of this Section.
 
15    (20 ILCS 105/8.12 new)
16    Sec. 8.12. LGBTQ Older Adult Curriculum and Training
17Program.
18    (a) All providers of services who contract with or receive
19funding from the Department shall complete a curriculum and
20training program on the prevention and elimination of
21discrimination based on sexual orientation, gender identity,
22and gender expression and on providing affirming care and
23improving access to services for LGBTQ older adults, older
24adults living with HIV, and their caregivers. The curriculum
25and training program must be completed by all employees of

 

 

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1each provider as well as the employees of the provider's
2subgrantees and vendors. Providers shall complete training in
3accordance with the Department's established training
4requirements. Providers must maintain records of when each
5employee completes the curriculum and training program. Such
6proof of completion shall be made available to the Department
7upon its request.
8    (b) The Department may develop the curriculum and training
9program or may contract with organizations or individuals to
10provide their curriculum and training program. Such
11organizations or individuals must affirm LGBTQ older adults
12and older adults living with HIV and have recognized expertise
13in identifying and addressing the legal and social challenges
14faced by LGBTQ older adults and older adults living with HIV.
15If the Department develops its own curriculum and training
16program, the Department shall collaborate on developing the
17program with individuals and organizations that affirm LGBTQ
18older adults and older adults living with HIV and have
19recognized expertise in identifying and addressing the legal
20and social challenges faced by LGBTQ older adults and older
21adults living with HIV. At a minimum, the curriculum and
22training program required by this Section must address the
23following:
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
17accordance with this Section shall be implemented by the
18Department within 12 months after the effective date of this
19amendatory Act of the 102nd General Assembly.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.