Full Text of HB5499 96th General Assembly
HB5499enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Civil Administrative Code of Illinois is | 5 |
| amended by changing Section 5-520 as follows:
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| (20 ILCS 5/5-520) (was 20 ILCS 5/6.27)
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| Sec. 5-520. In the Department on Aging. A Council on Aging | 8 |
| and
a Coordinating
Committee of State Agencies Serving Older | 9 |
| Persons composed and appointed as
provided in the Illinois Act | 10 |
| on the Aging.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The Illinois Act on the Aging is amended by | 13 |
| changing Sections 4.01, 4.02, 4.02c, 4.11, 8.05, 8.06, and 8.08 | 14 |
| as follows:
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| (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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| Sec. 4.01. Additional powers and duties of the Department. | 17 |
| In addition
to powers and duties otherwise provided by law, the | 18 |
| Department shall have the
following powers and duties:
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| (1) To evaluate all programs, services, and facilities for | 20 |
| the aged
and for minority senior citizens within the State and | 21 |
| determine the extent
to which present public or private |
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| programs, services and facilities meet the
needs of the aged.
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| (2) To coordinate and evaluate all programs, services, and | 3 |
| facilities
for the Aging and for minority senior citizens | 4 |
| presently furnished by State
agencies and make appropriate | 5 |
| recommendations regarding such services, programs
and | 6 |
| facilities to the Governor and/or the General Assembly.
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| (3) To function as the sole State agency to develop a | 8 |
| comprehensive
plan to meet the needs of the State's senior | 9 |
| citizens and the State's
minority senior citizens.
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| (4) To receive and disburse State and federal funds made | 11 |
| available
directly to the Department including those funds made | 12 |
| available under the
Older Americans Act and the Senior | 13 |
| Community Service Employment Program for
providing services | 14 |
| for senior citizens and minority senior citizens or for
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| purposes related thereto, and shall develop and administer any | 16 |
| State Plan
for the Aging required by federal law.
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| (5) To solicit, accept, hold, and administer in behalf of | 18 |
| the State
any grants or legacies of money, securities, or | 19 |
| property to the State of
Illinois for services to senior | 20 |
| citizens and minority senior citizens or
purposes related | 21 |
| thereto.
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| (6) To provide consultation and assistance to communities, | 23 |
| area agencies
on aging, and groups developing local services | 24 |
| for senior citizens and
minority senior citizens.
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| (7) To promote community education regarding the problems | 26 |
| of senior
citizens and minority senior citizens through |
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| institutes, publications,
radio, television and the local | 2 |
| press.
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| (8) To cooperate with agencies of the federal government in | 4 |
| studies
and conferences designed to examine the needs of senior | 5 |
| citizens and minority
senior citizens and to prepare programs | 6 |
| and facilities to meet those needs.
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| (9) To establish and maintain information and referral | 8 |
| sources
throughout the State when not provided by other | 9 |
| agencies.
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| (10) To provide the staff support that as may reasonably be | 11 |
| required
by the Council and the Coordinating Committee of State | 12 |
| Agencies Serving Older
Persons .
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| (11) To make and enforce rules and regulations necessary | 14 |
| and proper
to the performance of its duties.
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| (12) To establish and fund programs or projects or | 16 |
| experimental facilities
that are specially designed as | 17 |
| alternatives to institutional care.
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| (13) To develop a training program to train the counselors | 19 |
| presently
employed by the Department's aging network to provide | 20 |
| Medicare
beneficiaries with counseling and advocacy in | 21 |
| Medicare, private health
insurance, and related health care | 22 |
| coverage plans. The Department shall
report to the General | 23 |
| Assembly on the implementation of the training
program on or | 24 |
| before December 1, 1986.
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| (14) To make a grant to an institution of higher learning | 26 |
| to study the
feasibility of establishing and implementing an |
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| affirmative action
employment plan for the recruitment, | 2 |
| hiring, training and retraining of
persons 60 or more years old | 3 |
| for jobs for which their employment would not
be precluded by | 4 |
| law.
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| (15) To present one award annually in each of the | 6 |
| categories of community
service, education, the performance | 7 |
| and graphic arts, and the labor force
to outstanding Illinois | 8 |
| senior citizens and minority senior citizens in
recognition of | 9 |
| their individual contributions to either community service,
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| education, the performance and graphic arts, or the labor | 11 |
| force. The awards
shall be presented to 4 four senior citizens | 12 |
| and minority senior citizens
selected from a list of 44 | 13 |
| nominees compiled annually by
the Department. Nominations | 14 |
| shall be solicited from senior citizens'
service providers, | 15 |
| area agencies on aging, senior citizens'
centers, and senior | 16 |
| citizens' organizations. The Department shall consult
with the | 17 |
| Coordinating Committee of State Agencies Serving Older Persons | 18 |
| to
determine which of the nominees shall be the recipient in | 19 |
| each category of
community service. The Department shall | 20 |
| establish a central location within
the State to be designated | 21 |
| as the Senior Illinoisans Hall of Fame for the
public display | 22 |
| of all the annual awards, or replicas thereof.
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| (16) To establish multipurpose senior centers through area | 24 |
| agencies on
aging and to fund those new and existing | 25 |
| multipurpose senior centers
through area agencies on aging, the | 26 |
| establishment and funding to begin in
such areas of the State |
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| as the Department shall designate by rule and as
specifically | 2 |
| appropriated funds become available.
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| (17) To develop the content and format of the | 4 |
| acknowledgment regarding
non-recourse reverse mortgage loans | 5 |
| under Section 6.1 of the Illinois
Banking Act; to provide | 6 |
| independent consumer information on reverse
mortgages and | 7 |
| alternatives; and to refer consumers to independent
counseling | 8 |
| services with expertise in reverse mortgages.
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| (18) To develop a pamphlet in English and Spanish which may | 10 |
| be used by
physicians licensed to practice medicine in all of | 11 |
| its branches pursuant
to the Medical Practice Act of 1987, | 12 |
| pharmacists licensed pursuant to the
Pharmacy Practice Act, and | 13 |
| Illinois residents 65 years of age or
older for the purpose of | 14 |
| assisting physicians, pharmacists, and patients in
monitoring | 15 |
| prescriptions provided by various physicians and to aid persons
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| 65 years of age or older in complying with directions for | 17 |
| proper use of
pharmaceutical prescriptions. The pamphlet may | 18 |
| provide space for recording
information including but not | 19 |
| limited to the following:
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| (a) name and telephone number of the patient;
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| (b) name and telephone number of the prescribing | 22 |
| physician;
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| (c) date of prescription;
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| (d) name of drug prescribed;
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| (e) directions for patient compliance; and
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| (f) name and telephone number of dispensing pharmacy.
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| In developing the pamphlet, the Department shall consult | 2 |
| with the
Illinois State Medical Society, the Center for | 3 |
| Minority Health Services,
the Illinois Pharmacists Association | 4 |
| and
senior citizens organizations. The Department shall | 5 |
| distribute the
pamphlets to physicians, pharmacists and | 6 |
| persons 65 years of age or older
or various senior citizen | 7 |
| organizations throughout the State.
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| (19) To conduct a study by April 1, 1994 of the feasibility | 9 |
| of
implementing the Senior Companion Program throughout the | 10 |
| State for the fiscal
year beginning July 1, 1994 .
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| (20) The With respect to contracts in effect on July 1, | 12 |
| 1994, the Department
shall increase the grant amounts so that | 13 |
| the reimbursement rates paid through
the community care program | 14 |
| for chore housekeeping services and home care aides are
at the | 15 |
| same rate, which shall be the higher of the 2 rates currently | 16 |
| paid.
With respect to all contracts entered into, renewed, or | 17 |
| extended on or after
July 1, 1994, the reimbursement rates paid | 18 |
| through the community care program
for chore housekeeping | 19 |
| services and home care aides
shall be the same.
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| (21) From funds appropriated to the Department from the | 21 |
| Meals on Wheels
Fund, a special fund in the State treasury that | 22 |
| is hereby created, and in
accordance with State and federal | 23 |
| guidelines and the intrastate funding
formula, to make grants | 24 |
| to area agencies on aging, designated by the
Department, for | 25 |
| the sole purpose of delivering meals to homebound persons 60
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| years of age and older.
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| (22) To distribute, through its area agencies on aging, | 2 |
| information
alerting seniors on safety issues regarding | 3 |
| emergency weather
conditions, including extreme heat and cold, | 4 |
| flooding, tornadoes, electrical
storms, and other severe storm | 5 |
| weather. The information shall include all
necessary | 6 |
| instructions for safety and all emergency telephone numbers of
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| organizations that will provide additional information and | 8 |
| assistance.
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| (23) To develop guidelines for the organization and | 10 |
| implementation of
Volunteer Services Credit Programs to be | 11 |
| administered by Area Agencies on
Aging or community based | 12 |
| senior service organizations. The Department shall
hold public | 13 |
| hearings on the proposed guidelines for public comment, | 14 |
| suggestion,
and determination of public interest. The | 15 |
| guidelines shall be based on the
findings of other states and | 16 |
| of community organizations in Illinois that are
currently | 17 |
| operating volunteer services credit programs or demonstration
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| volunteer services credit programs. The Department shall offer | 19 |
| guidelines for
all aspects of the programs including, but not | 20 |
| limited to, the following:
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| (a) types of services to be offered by volunteers;
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| (b) types of services to be received upon the | 23 |
| redemption of service
credits;
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| (c) issues of liability for the volunteers and the | 25 |
| administering
organizations;
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| (d) methods of tracking service credits earned and |
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| service credits
redeemed;
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| (e) issues of time limits for redemption of service | 3 |
| credits;
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| (f) methods of recruitment of volunteers;
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| (g) utilization of community volunteers, community | 6 |
| service groups, and
other resources for delivering | 7 |
| services to be received by service credit
program clients;
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| (h) accountability and assurance that services will be | 9 |
| available to
individuals who have earned service credits; | 10 |
| and
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| (i) volunteer screening and qualifications.
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| The Department shall submit a written copy of the guidelines to | 13 |
| the General
Assembly by July 1, 1998.
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| (Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07; | 15 |
| 95-876, eff. 8-21-08.)
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. Community Care Program. The Department shall | 18 |
| establish a program of services to
prevent unnecessary | 19 |
| institutionalization of persons age 60 and older in
need of | 20 |
| long term care or who are established as persons who suffer | 21 |
| from
Alzheimer's disease or a related disorder under the | 22 |
| Alzheimer's Disease
Assistance Act, thereby enabling them
to | 23 |
| remain in their own homes or in other living arrangements. Such
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| preventive services, which may be coordinated with other | 25 |
| programs for the
aged and monitored by area agencies on aging |
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| in cooperation with the
Department, may include, but are not | 2 |
| limited to, any or all of the following:
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| (a) (blank);
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| (b) (blank);
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| (c) home care aide services;
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| (d) personal assistant services;
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| (e) adult day services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (k-6) flexible senior services; | 16 |
| (k-7) medication management; | 17 |
| (k-8) emergency home response;
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| (l) other nonmedical social services that may enable | 19 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 21 |
| citizen home owners
who want to rent rooms to or share | 22 |
| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 24 |
| such
services . In taking into consideration the unique economic | 25 |
| and social needs
of the target population for whom they are to | 26 |
| be provided. Such eligibility
standards shall be based on the |
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| recipient's ability to pay for services;
provided, however, | 2 |
| that in determining the amount and nature of services
for which | 3 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 5 |
| person's
spouse pursuant to a written agreement dividing | 6 |
| marital property into equal
but separate shares or pursuant to | 7 |
| a transfer of the person's interest in a
home to his spouse, | 8 |
| provided that the spouse's share of the marital
property is not | 9 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 11 |
| condition of
eligibility that all financially eligible | 12 |
| applicants apply
for medical assistance
under Article V of the | 13 |
| Illinois Public Aid Code in accordance with rules
promulgated | 14 |
| by the Department.
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| Beginning January 1, 2008, the Department shall require as | 16 |
| a condition of eligibility that all new financially eligible | 17 |
| applicants apply for and enroll in medical assistance under | 18 |
| Article V of the Illinois Public Aid Code in accordance with | 19 |
| rules promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 21 |
| Public Aid (now Department of Healthcare and Family Services),
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| seek appropriate amendments under Sections 1915 and 1924 of the | 23 |
| Social
Security Act. The purpose of the amendments shall be to | 24 |
| extend eligibility
for home and community based services under | 25 |
| Sections 1915 and 1924 of the
Social Security Act to persons | 26 |
| who transfer to or for the benefit of a
spouse those amounts of |
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| income and resources allowed under Section 1924 of
the Social | 2 |
| Security Act. Subject to the approval of such amendments, the
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| Department shall extend the provisions of Section 5-4 of the | 4 |
| Illinois
Public Aid Code to persons who, but for the provision | 5 |
| of home or
community-based services, would require the level of | 6 |
| care provided in an
institution, as is provided for in federal | 7 |
| law. Those persons no longer
found to be eligible for receiving | 8 |
| noninstitutional services due to changes
in the eligibility | 9 |
| criteria shall be given 45 60 days notice prior to actual
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| termination. Those persons receiving notice of termination may | 11 |
| contact the
Department and request the determination be | 12 |
| appealed at any time during the
45 60 day notice period. With | 13 |
| the exception of the lengthened notice and time
frame for the | 14 |
| appeal request, the appeal process shall follow the normal
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| procedure. In addition, each person affected regardless of the
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| circumstances for discontinued eligibility shall be given | 17 |
| notice and the
opportunity to purchase the necessary services | 18 |
| through the Community Care
Program. If the individual does not | 19 |
| elect to purchase services, the
Department shall advise the | 20 |
| individual of alternative services. The target
population | 21 |
| identified for the purposes of this Section are persons age 60
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| and older with an identified service need. Priority shall be | 23 |
| given to those
who are at imminent risk of | 24 |
| institutionalization. The services shall be
provided to | 25 |
| eligible persons age 60 and older to the extent that the cost
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| of the services together with the other personal maintenance
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| expenses of the persons are reasonably related to the standards
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| established for care in a group facility appropriate to the | 3 |
| person's
condition. These non-institutional services, pilot | 4 |
| projects or
experimental facilities may be provided as part of | 5 |
| or in addition to
those authorized by federal law or those | 6 |
| funded and administered by the
Department of Human Services. | 7 |
| The Departments of Human Services, Healthcare and Family | 8 |
| Services,
Public Health, Veterans' Affairs, and Commerce and | 9 |
| Economic Opportunity and
other appropriate agencies of State, | 10 |
| federal and local governments shall
cooperate with the | 11 |
| Department on Aging in the establishment and development
of the | 12 |
| non-institutional services. The Department shall require an | 13 |
| annual
audit from all personal assistant
and home care aide | 14 |
| vendors contracting with
the Department under this Section. The | 15 |
| annual audit shall assure that each
audited vendor's procedures | 16 |
| are in compliance with Department's financial
reporting | 17 |
| guidelines requiring an administrative and employee wage and | 18 |
| benefits cost split as defined in administrative rules. The | 19 |
| audit is a public record under
the Freedom of Information Act. | 20 |
| The Department shall execute, relative to
the nursing home | 21 |
| prescreening project, written inter-agency
agreements with the | 22 |
| Department of Human Services and the Department
of Healthcare | 23 |
| and Family Services, to effect the following: (1) intake | 24 |
| procedures and common
eligibility criteria for those persons | 25 |
| who are receiving non-institutional
services; and (2) the | 26 |
| establishment and development of non-institutional
services in |
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| areas of the State where they are not currently available or | 2 |
| are
undeveloped. On and after July 1, 1996, all nursing home | 3 |
| prescreenings for
individuals 60 years of age or older shall be | 4 |
| conducted by the Department.
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| As part of the Department on Aging's routine training of | 6 |
| case managers and case manager supervisors, the Department may | 7 |
| include information on family futures planning for persons who | 8 |
| are age 60 or older and who are caregivers of their adult | 9 |
| children with developmental disabilities. The content of the | 10 |
| training shall be at the Department's discretion. | 11 |
| The Department is authorized to establish a system of | 12 |
| recipient copayment
for services provided under this Section, | 13 |
| such copayment to be based upon
the recipient's ability to pay | 14 |
| but in no case to exceed the actual cost of
the services | 15 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 17 |
| be
considered by the Department in determining the copayment. | 18 |
| The level of
such copayment shall be adjusted whenever | 19 |
| necessary to reflect any change
in the officially designated | 20 |
| federal poverty standard.
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| The Department, or the Department's authorized | 22 |
| representative, may shall
recover the amount of moneys expended | 23 |
| for services provided to or in
behalf of a person under this | 24 |
| Section by a claim against the person's
estate or against the | 25 |
| estate of the person's surviving spouse, but no
recovery may be | 26 |
| had until after the death of the surviving spouse, if
any, and |
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| then only at such time when there is no surviving child who
is | 2 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 4 |
| person, of
moneys for services provided to the person or in | 5 |
| behalf of the person under
this Section to which the person was | 6 |
| not entitled;
provided that such recovery shall not be enforced | 7 |
| against any real estate while
it is occupied as a homestead by | 8 |
| the surviving spouse or other dependent, if no
claims by other | 9 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 11 |
| prosecution or
failure of the claimant to compel administration | 12 |
| of the estate for the purpose
of payment. This paragraph shall | 13 |
| not bar recovery from the estate of a spouse,
under Sections | 14 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
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| Illinois Public Aid Code, who precedes a person receiving | 16 |
| services under this
Section in death. All moneys for services
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| paid to or in behalf of the person under this Section shall be | 18 |
| claimed for
recovery from the deceased spouse's estate. | 19 |
| "Homestead", as used
in this paragraph, means the dwelling | 20 |
| house and
contiguous real estate occupied by a surviving spouse
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| or relative, as defined by the rules and regulations of the | 22 |
| Department of Healthcare and Family Services, regardless of the | 23 |
| value of the property.
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| The Department shall increase the effectiveness of the | 25 |
| existing Community Care Program by: | 26 |
| (1) ensuring that in-home services included in the care |
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| plan are available on evenings and weekends; | 2 |
| (2) ensuring that care plans contain the services that | 3 |
| eligible participants
need based on the number of days in a | 4 |
| month, not limited to specific blocks of time, as | 5 |
| identified by the comprehensive assessment tool selected | 6 |
| by the Department for use statewide, not to exceed the | 7 |
| total monthly service cost maximum allowed for each | 8 |
| service; the Department shall develop administrative rules | 9 |
| to implement this item (2); | 10 |
| (3) ensuring that the participants have the right to | 11 |
| choose the services contained in their care plan and to | 12 |
| direct how those services are provided, based on | 13 |
| administrative rules established by the Department; | 14 |
| (4) ensuring that the determination of need tool is | 15 |
| accurate in determining the participants' level of need; to | 16 |
| achieve this, the Department, in conjunction with the Older | 17 |
| Adult Services Advisory Committee, shall institute a study | 18 |
| of the relationship between the Determination of Need | 19 |
| scores, level of need, service cost maximums, and the | 20 |
| development and utilization of service plans no later than | 21 |
| May 1, 2008; findings and recommendations shall be | 22 |
| presented to the Governor and the General Assembly no later | 23 |
| than January 1, 2009; recommendations shall include all | 24 |
| needed changes to the service cost maximums schedule and | 25 |
| additional covered services; | 26 |
| (5) ensuring that homemakers can provide personal care |
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| services that may or may not involve contact with clients, | 2 |
| including but not limited to: | 3 |
| (A) bathing; | 4 |
| (B) grooming; | 5 |
| (C) toileting; | 6 |
| (D) nail care; | 7 |
| (E) transferring; | 8 |
| (F) respiratory services; | 9 |
| (G) exercise; or | 10 |
| (H) positioning; | 11 |
| (6) ensuring that homemaker program vendors are not | 12 |
| restricted from hiring homemakers who are family members of | 13 |
| clients or recommended by clients; the Department may not, | 14 |
| by rule or policy, require homemakers who are family | 15 |
| members of clients or recommended by clients to accept | 16 |
| assignments in homes other than the client; and | 17 |
| (7) ensuring that the State may access maximum federal | 18 |
| matching funds by seeking approval for the Centers for | 19 |
| Medicare and Medicaid Services for modifications to the | 20 |
| State's home and community based services waiver and | 21 |
| additional waiver opportunities in order to maximize | 22 |
| federal matching funds; this shall include, but not be | 23 |
| limited to, modification that reflects all changes in the | 24 |
| Community Care Program services and all increases in the | 25 |
| services cost maximum. | 26 |
| By January 1, 2009 or as soon after the end of the Cash and |
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| Counseling Demonstration Project as is practicable, the | 2 |
| Department may, based on its evaluation of the demonstration | 3 |
| project, promulgate rules concerning personal assistant | 4 |
| services, to include, but need not be limited to, | 5 |
| qualifications, employment screening, rights under fair labor | 6 |
| standards, training, fiduciary agent, and supervision | 7 |
| requirements. All applicants shall be subject to the provisions | 8 |
| of the Health Care Worker Background Check Act.
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| The Department shall develop procedures to enhance | 10 |
| availability of
services on evenings, weekends, and on an | 11 |
| emergency basis to meet the
respite needs of caregivers. | 12 |
| Procedures shall be developed to permit the
utilization of | 13 |
| services in successive blocks of 24 hours up to the monthly
| 14 |
| maximum established by the Department. Workers providing these | 15 |
| services
shall be appropriately trained.
| 16 |
| Beginning on the effective date of this Amendatory Act of | 17 |
| 1991, no person
may perform chore/housekeeping and home care | 18 |
| aide services under a program
authorized by this Section unless | 19 |
| that person has been issued a certificate
of pre-service to do | 20 |
| so by his or her employing agency. Information
gathered to | 21 |
| effect such certification shall include (i) the person's name,
| 22 |
| (ii) the date the person was hired by his or her current | 23 |
| employer, and
(iii) the training, including dates and levels. | 24 |
| Persons engaged in the
program authorized by this Section | 25 |
| before the effective date of this
amendatory Act of 1991 shall | 26 |
| be issued a certificate of all pre- and
in-service training |
|
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| from his or her employer upon submitting the necessary
| 2 |
| information. The employing agency shall be required to retain | 3 |
| records of
all staff pre- and in-service training, and shall | 4 |
| provide such records to
the Department upon request and upon | 5 |
| termination of the employer's contract
with the Department. In | 6 |
| addition, the employing agency is responsible for
the issuance | 7 |
| of certifications of in-service training completed to their
| 8 |
| employees.
| 9 |
| The Department is required to develop a system to ensure | 10 |
| that persons
working as home care aides and personal assistants
| 11 |
| receive increases in their
wages when the federal minimum wage | 12 |
| is increased by requiring vendors to
certify that they are | 13 |
| meeting the federal minimum wage statute for home care aides
| 14 |
| and personal assistants. An employer that cannot ensure that | 15 |
| the minimum
wage increase is being given to home care aides and | 16 |
| personal assistants
shall be denied any increase in | 17 |
| reimbursement costs.
| 18 |
| The Community Care Program Advisory Committee is created in | 19 |
| the Department on Aging. The Director shall appoint individuals | 20 |
| to serve in the Committee, who shall serve at their own | 21 |
| expense. Members of the Committee must abide by all applicable | 22 |
| ethics laws. The Committee shall advise the Department on | 23 |
| issues related to the Department's program of services to | 24 |
| prevent unnecessary institutionalization. The Committee shall | 25 |
| meet on a bi-monthly basis and shall serve to identify and | 26 |
| advise the Department on present and potential issues affecting |
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| the service delivery network, the program's clients, and the | 2 |
| Department and to recommend solution strategies. Persons | 3 |
| appointed to the Committee shall be appointed on, but not | 4 |
| limited to, their own and their agency's experience with the | 5 |
| program, geographic representation, and willingness to serve. | 6 |
| The Director shall appoint members to the Committee to | 7 |
| represent provider, advocacy, policy research, and other | 8 |
| constituencies committed to the delivery of high quality home | 9 |
| and community-based services to older adults. Representatives | 10 |
| shall be appointed to ensure representation from community care | 11 |
| providers including, but not limited to, adult day service | 12 |
| providers, homemaker providers, case coordination and case | 13 |
| management units, emergency home response providers, statewide | 14 |
| trade or labor unions that represent home care
aides and direct | 15 |
| care staff, area agencies on aging, adults over age 60, | 16 |
| membership organizations representing older adults, and other | 17 |
| organizational entities, providers of care, or individuals | 18 |
| with demonstrated interest and expertise in the field of home | 19 |
| and community care as determined by the Director. | 20 |
| Nominations may be presented from any agency or State | 21 |
| association with interest in the program. The Director, or his | 22 |
| or her designee, shall serve as the permanent co-chair of the | 23 |
| advisory committee. One other co-chair shall be nominated and | 24 |
| approved by the members of the committee on an annual basis. | 25 |
| Committee members' terms of appointment shall be for 4 years | 26 |
| with one-quarter of the appointees' terms expiring each year. A |
|
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| member shall continue to serve until his or her replacement is | 2 |
| named. The Department shall fill vacancies that have a | 3 |
| remaining term of over one year, and this replacement shall | 4 |
| occur through the annual replacement of expiring terms. The | 5 |
| Director shall designate Department staff to provide technical | 6 |
| assistance and staff support to the committee. Department | 7 |
| representation shall not constitute membership of the | 8 |
| committee. All Committee papers, issues, recommendations, | 9 |
| reports, and meeting memoranda are advisory only. The Director, | 10 |
| or his or her designee, shall make a written report, as | 11 |
| requested by the Committee, regarding issues before the | 12 |
| Committee.
| 13 |
| The Department on Aging and the Department of Human | 14 |
| Services
shall cooperate in the development and submission of | 15 |
| an annual report on
programs and services provided under this | 16 |
| Section. Such joint report
shall be filed with the Governor and | 17 |
| the General Assembly on or before
September 30 each year.
| 18 |
| The requirement for reporting to the General Assembly shall | 19 |
| be satisfied
by filing copies of the report with the Speaker, | 20 |
| the Minority Leader and
the Clerk of the House of | 21 |
| Representatives and the President, the Minority
Leader and the | 22 |
| Secretary of the Senate and the Legislative Research Unit,
as | 23 |
| required by Section 3.1 of the General Assembly Organization | 24 |
| Act and
filing such additional copies with the State Government | 25 |
| Report Distribution
Center for the General Assembly as is | 26 |
| required under paragraph (t) of
Section 7 of the State Library |
|
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| Act.
| 2 |
| Those persons previously found eligible for receiving | 3 |
| non-institutional
services whose services were discontinued | 4 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 5 |
| not meet the eligibility standards in effect
on or after July | 6 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 7 |
| Those persons previously not required to cost-share and who | 8 |
| were
required to cost-share effective March 1, 1992, shall | 9 |
| continue to meet
cost-share requirements on and after July 1, | 10 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 11 |
| meet
eligibility, cost-share, and other requirements and will | 12 |
| have services
discontinued or altered when they fail to meet | 13 |
| these requirements. | 14 |
| For the purposes of this Section, "flexible senior | 15 |
| services" refers to services that require one-time or periodic | 16 |
| expenditures including, but not limited to, respite care, home | 17 |
| modification, assistive technology, housing assistance, and | 18 |
| transportation.
| 19 |
| (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | 20 |
| eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | 21 |
| 95-473, eff. 8-27-07; 95-565, eff. 6-1-08; 95-876, eff. | 22 |
| 8-21-08 .) | 23 |
| (20 ILCS 105/4.02c) | 24 |
| Sec. 4.02c. Comprehensive Care in Residential Settings | 25 |
| Demonstration Project.
|
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| (a) The Department may establish and fund a demonstration | 2 |
| program of bundled services designed to support the specialized | 3 |
| needs of clients currently residing in projects that were | 4 |
| formerly designated as Community Based Residential Facilities. | 5 |
| Participating projects must hold a valid license, which remains | 6 |
| unsuspended, unrevoked, and unexpired, under the provisions of | 7 |
| the Assisted Living and Shared Housing Act. | 8 |
| (b) The demonstration program must include, at a minimum: | 9 |
| (1) 3 meals per day; | 10 |
| (2) routine housekeeping services; | 11 |
| (3) 24-hour-a-day security; | 12 |
| (4) an emergency response system; | 13 |
| (5) personal laundry and linen service; | 14 |
| (6) assistance with activities of daily living; | 15 |
| (7) medication management; and | 16 |
| (8) money management. | 17 |
| Optional services, such as transportation and social | 18 |
| activities, may be provided. | 19 |
| (c) Reimbursement for the program shall be based on the | 20 |
| client's level of need and functional impairment, as determined | 21 |
| by the Department. Clients must meet all eligibility | 22 |
| requirements established by rule. The Department may establish | 23 |
| a capitated reimbursement mechanism based on the client's level | 24 |
| of need and functional impairment. Reimbursement for program | 25 |
| must be made to the Department-contracted provider delivering | 26 |
| the services. |
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| (d) The Department shall adopt rules and provide oversight | 2 |
| for the project, with assistance and advice provided by the | 3 |
| Assisted Living and Shared Housing Advisory Board and Assisted | 4 |
| Living and Shared Housing Quality of Life Committee. | 5 |
| The project may be funded through the Department | 6 |
| appropriations that may include Medicaid waiver funds. | 7 |
| (e) The Before January 1, 2008, the Department, in | 8 |
| consultation with the Assisted Living and Shared Housing | 9 |
| Advisory Board, may must report to the General Assembly on the | 10 |
| results of the demonstration project. The report may must | 11 |
| include, without limitation, any recommendations for changes | 12 |
| or improvements, including changes or improvements in the | 13 |
| administration of the program and an evaluation.
| 14 |
| (Source: P.A. 93-775, eff. 1-1-05.)
| 15 |
| (20 ILCS 105/4.11)
| 16 |
| Sec. 4.11. AIDS awareness. The Department may must develop | 17 |
| health programs
and materials targeted to persons 50 years of | 18 |
| age and more concerning the
dangers of HIV and AIDS and | 19 |
| sexually transmitted diseases.
| 20 |
| (Source: P.A. 91-106, eff. 1-1-00.)
| 21 |
| (20 ILCS 105/8.05) (from Ch. 23, par. 6108.05)
| 22 |
| Sec. 8.05. Alzheimer's disease grants.
| 23 |
| (a) As used in this Section, unless the context requires | 24 |
| otherwise:
|
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|
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| (1) "Participant" means an individual with Alzheimer's | 2 |
| disease or a
disease of a related type, particularly in the | 3 |
| moderate to severe
stage, whose care, needs and behavioral | 4 |
| problems make it difficult for
the individual to | 5 |
| participate in existing care programs. The individual
may | 6 |
| be 60 years of age or older on the presumption that he or | 7 |
| she is a
prospective recipient of service under this Act.
| 8 |
| (2) "Disease of a related type" means any of those | 9 |
| irreversible brain
disorders which result in the symptoms | 10 |
| described in paragraph (4). This
includes but is not | 11 |
| limited to multi-infarct dementia and Parkinson's disease.
| 12 |
| (3) "Grantee" means any public or private nonprofit | 13 |
| agency
selected by the Department to develop a care program | 14 |
| for participants
under this Section.
| 15 |
| (4) "Care needs" or "behavioral problems" means the | 16 |
| manifestations of
symptoms which may include but are not | 17 |
| limited to memory loss, aphasia
(communication disorder), | 18 |
| becoming lost or disoriented, confusion and
agitation with | 19 |
| the potential for combativeness and incontinence.
| 20 |
| (b) In an effort to address the needs of persons suffering | 21 |
| from
Alzheimer's disease or a disease of a related type, the | 22 |
| Department may shall
encourage the development of adult day | 23 |
| care for these persons through
administration of specialized | 24 |
| Alzheimer's Day Care Resource Centers. These
projects may shall | 25 |
| be designed to identify and meet the unique needs of the
| 26 |
| affected population, including the use of special evaluation |
|
|
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| standards and
techniques that take into consideration both the | 2 |
| physical and cognitive
abilities of individual applicants or | 3 |
| recipients.
| 4 |
| The Department may shall establish at least one urban and | 5 |
| one rural
specialized Alzheimer's Day Care Resource Center. | 6 |
| Each center shall be
designed so as to meet the unique needs | 7 |
| and protect the safety of each
participant. Each center shall | 8 |
| be staffed by persons specially trained to
work with | 9 |
| participants. Each center shall operate in concert with | 10 |
| regional
ADA Centers.
| 11 |
| The Department shall contract with a public or private | 12 |
| nonprofit
agency or with professional persons in the fields of | 13 |
| health or social
services with expertise in Alzheimer's | 14 |
| disease, a disease of a related
type, or a related dementia to | 15 |
| develop a training module that includes
information on the | 16 |
| symptoms and progress of the diseases and to develop
| 17 |
| appropriate techniques for dealing with the psychosocial, | 18 |
| health, and
physical needs of participants.
| 19 |
| The training module may shall be developed for specialized | 20 |
| Alzheimer's Day
Care Resource Centers and may shall be | 21 |
| available to other community based
providers who serve this | 22 |
| client population. The training module shall be
owned and may | 23 |
| be distributed by the Department.
| 24 |
| Subject to appropriation, grants may Grants shall be | 25 |
| awarded at current rates as set by the Department on
Aging | 26 |
| under Section 240.1910 of Title 89 of the Illinois |
|
|
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| Administrative
Code, with at least one urban and one rural | 2 |
| program for the specialized
Alzheimer's Day Care Resource | 3 |
| Centers. The Department may shall adopt policies,
priorities | 4 |
| and guidelines to carry out the purposes of this Section.
| 5 |
| (c) A prospective grantee shall apply in a manner | 6 |
| prescribed by the
Department and shall:
| 7 |
| (1) Identify the special care needs and behavioral | 8 |
| problems
of participants and design its program to meet | 9 |
| those needs.
| 10 |
| (2) Demonstrate that its program has adequate and | 11 |
| appropriate staffing
to meet the nursing, psychosocial and | 12 |
| recreational needs of participants.
| 13 |
| (3) Provide an outline of the design of its physical | 14 |
| facilities and
the safeguards which shall be used to | 15 |
| protect the participants.
| 16 |
| (4) Submit a plan for assisting individuals who cannot | 17 |
| afford the
entire cost of the program. This may include | 18 |
| eligibility policies,
standards and criteria that are | 19 |
| unique to the needs and requirements of the
population | 20 |
| being served under this Act, notwithstanding the | 21 |
| provisions of
Section 4.02 and related rules and | 22 |
| regulations. This may also include but
need not be limited | 23 |
| to additional funding sources to provide supplemental
aid | 24 |
| and allowing family members to participate as volunteers at | 25 |
| the facility.
| 26 |
| (5) Submit a plan for using volunteers and volunteer |
|
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| 1 |
| aids and
provide an outline for adequate training of those | 2 |
| volunteers.
| 3 |
| (6) Identify potential sources of funding for its | 4 |
| facility and outline
plans to seek additional funding to | 5 |
| remain solvent. This may include
private donations and | 6 |
| foundation grants, Medicare reimbursement for
specific | 7 |
| services and the use of adult education and public health | 8 |
| services.
| 9 |
| (7) Establish family support groups.
| 10 |
| (8) Encourage family members to provide transportation | 11 |
| to and from the
facility for participants.
| 12 |
| (9) Concentrate on participants in the moderate to | 13 |
| severe range of
disability.
| 14 |
| (10) Provide a noon meal to participants. The meal may | 15 |
| be provided by
an organization providing meals to the | 16 |
| elderly or needy.
| 17 |
| (11) Establish contact with local educational programs | 18 |
| such as nursing
and gerontology programs to provide onsite | 19 |
| training to students.
| 20 |
| (12) Provide services to assist family members, | 21 |
| including counseling
and referral to other resources.
| 22 |
| (13) Serve as a model available to service providers | 23 |
| for
onsite training in the care of participants.
| 24 |
| (d) The Department shall periodically annually report to | 25 |
| the General Assembly before
December 1 on the pilot project | 26 |
| grants. The report may shall include but need not
be limited to |
|
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| 1 |
| the following:
| 2 |
| (1) A description of the progress made in implementing | 3 |
| the programs.
| 4 |
| (2) The number of grantees who have established | 5 |
| programs under this
Section.
| 6 |
| (3) The number and characteristics of participants | 7 |
| served by the
programs, including but not limited to age, | 8 |
| sex, diagnosis, reason for
admission, functional | 9 |
| impairment, referral source, living situation,
and payment | 10 |
| source.
| 11 |
| (4) An evaluation of the usefulness of the programs in
| 12 |
| delaying the placement of the participants in | 13 |
| institutions,
providing respite to families who care for | 14 |
| participants in the home and
providing a setting for onsite | 15 |
| training in the care of participants.
| 16 |
| (5) A description of findings on the appropriate level | 17 |
| and type of care
required to meet the nursing and | 18 |
| psychosocial needs of the participants and
appropriate | 19 |
| environmental conditions and treatment methods.
| 20 |
| (Source: P.A. 87-316; 87-895.)
| 21 |
| (20 ILCS 105/8.06) (from Ch. 23, par. 6108.06)
| 22 |
| Sec. 8.06.
The Department may shall develop and implement a | 23 |
| plan for the
increased incorporation of local and community | 24 |
| senior citizen centers into
the functions and responsibilities | 25 |
| of area agencies on aging and for the
increased input of local |
|
|
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| 1 |
| and community senior citizen centers into the
Department's | 2 |
| policy making process.
| 3 |
| (Source: P.A. 86-730.)
| 4 |
| (20 ILCS 105/8.08) | 5 |
| Sec. 8.08. Older direct care worker recognition. The | 6 |
| Department shall present one award annually to older direct | 7 |
| care workers in each of the following categories: Older | 8 |
| American Act Services, Home Health Services, Community Care | 9 |
| Program Services, Nursing Homes, and programs that provide | 10 |
| housing with services licensed or certified by the State. The | 11 |
| Department shall solicit nominations from associations | 12 |
| representing providers of the named services or settings and | 13 |
| trade associations representing applicable direct care | 14 |
| workers. Nominations shall be presented in a format designated | 15 |
| by the Department. Direct care workers honored with this award | 16 |
| must be 55 years of age or older and shall be recognized for | 17 |
| their dedication and commitment to improving the quality of | 18 |
| aging in Illinois above and beyond the confines of their job | 19 |
| description. Award recipients shall be honored before their | 20 |
| peers at the Governor's Conference on Aging or at a similar | 21 |
| venue, shall have their pictures displayed on the Department's | 22 |
| website with their permission, and shall receive a letter of | 23 |
| commendation from the Governor. The Department shall consult | 24 |
| with the Coordinating Committee of State Agencies Serving Older | 25 |
| Persons to determine which of the nominees shall be the |
|
|
|
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| recipient in each category of service provision or setting. The | 2 |
| Department shall include the recipients of these awards in all | 3 |
| Senior Hall of Fame displays required by the Act on Aging. | 4 |
| Except as otherwise prohibited by law, the Department may | 5 |
| solicit private sector funding to underwrite the cost of all | 6 |
| awards and recognition materials and shall request that all | 7 |
| associations representing providers of the named services or | 8 |
| settings and trade associations applicable to direct care | 9 |
| workers publicize the awards and the award recipients in | 10 |
| communications with their members.
| 11 |
| (Source: P.A. 96-376, eff. 8-13-09.)
| 12 |
| (20 ILCS 105/3.04 rep.)
| 13 |
| (20 ILCS 105/4.02d rep.)
| 14 |
| (20 ILCS 105/4.10 rep.)
| 15 |
| (20 ILCS 105/7.02 rep.)
| 16 |
| (20 ILCS 105/8 rep.)
| 17 |
| (20 ILCS 105/8.01 rep.)
| 18 |
| (20 ILCS 105/8.02 rep.)
| 19 |
| (20 ILCS 105/8.03 rep.)
| 20 |
| Section 15. The Illinois Act on the Aging is amended by | 21 |
| repealing Sections 3.04, 4.02d, 4.10, 7.02, 8, 8.01, 8.02, and | 22 |
| 8.03.
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 20 ILCS 5/5-520 |
was 20 ILCS 5/6.27 |
| 4 |
| 20 ILCS 105/4.01 |
from Ch. 23, par. 6104.01 |
| 5 |
| 20 ILCS 105/4.02 |
from Ch. 23, par. 6104.02 |
| 6 |
| 20 ILCS 105/4.02c |
|
| 7 |
| 20 ILCS 105/4.11 |
|
| 8 |
| 20 ILCS 105/8.05 |
from Ch. 23, par. 6108.05 |
| 9 |
| 20 ILCS 105/8.06 |
from Ch. 23, par. 6108.06 |
| 10 |
| 20 ILCS 105/8.08 |
|
| 11 |
| 20 ILCS 105/3.04 rep. |
|
| 12 |
| 20 ILCS 105/4.02d rep. |
|
| 13 |
| 20 ILCS 105/4.10 rep. |
|
| 14 |
| 20 ILCS 105/7.02 rep. |
|
| 15 |
| 20 ILCS 105/8 rep. |
|
| 16 |
| 20 ILCS 105/8.01 rep. |
|
| 17 |
| 20 ILCS 105/8.02 rep. |
|
| 18 |
| 20 ILCS 105/8.03 rep. |
|
| |
|