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Public Act 92-0122
SB816 Enrolled LRB9206966WHcs
AN ACT in relation to older persons and persons with
disabilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Prevention of Unnecessary Institutionalization Act.
Section 5. Findings. The General Assembly finds that it
is far preferable for older persons and adults and children
with disabilities to live in their own homes or in the homes
of family members in their own communities rather than in
more restrictive institutionalized settings removed from
their friends and loved ones. The General Assembly further
finds that older persons and adults and children with
disabilities often are unnecessarily placed or forced to
remain in institutionalized settings due to the lack of
resources needed to make modifications to their dwellings or
to obtain assistive technology devices to enable them to
remain in or return to their homes and communities. The
General Assembly further finds that it is in the best
interests of the State of Illinois to support community-based
living for older persons and adults and children with
disabilities by implementing a program to enable them to make
modifications to their dwellings or to obtain assistive
technology devices to avoid unnecessary placement outside of
their own homes and communities.
Section 10. Purpose. The purpose of this Act is to
authorize the Department of Human Services and the Department
on Aging to jointly establish a program to provide funding
for necessary structural modifications and assistive
technology devices to enable older persons and adults and
children with disabilities to remain in or return to their
homes or other dwellings of their choice within their
community in order to allow them to live as independently as
possible for as long as possible.
Section 15. Definitions. As used in this Act:
"Assistive technology device" means an item, piece of
equipment, or product system, whether acquired commercially,
modified, or customized, that is used to increase, maintain,
or improve functional capabilities of individuals with
disabilities and older persons.
"Structural modification" means a change to a dwelling
that enhances its usability or accessibility or both for a
resident who has a disability or is an older person.
Section 20. Program. Subject to appropriation for these
purposes, the Department of Human Services and the Department
on Aging shall jointly establish a Prevention of Unnecessary
Institutionalization Grant and Loan Program. The Program
shall have 2 components. One component shall be administered
by the Department of Human Services and the other component
shall be administered by the Department on Aging. The
Department of Human Services and the Department on Aging
shall cooperate in the overall administration of the Program.
Section 25. Eligibility. Persons age 60 or over and
adults and children with disabilities shall be eligible for
grants or loans or both under the Program established by this
Act if they have one or more verifiable impairments that
substantially limits one or more of life's major activities
for which some modification of their dwelling or assistive
technology devices, or both, are required which they are
unable to afford because of limited resources. Preference
shall be given to applicants who: (1) are at imminent risk of
institutionalization or who are already in an institutional
setting but are ready to return to the community and who
would be able to live in the community if modifications are
made or they have the needed assistive technology devices,
(2) have inadequate resources or no current access to
resources as a result of the geographic location of their
dwelling, the lack of other available State or federal funds
such as the Community Development Block Grant or rural
housing assistance programs or income limitations such as the
inability to qualify for a low-interest loan, or (3) have
access to other resources, but those resources are
insufficient to complete the necessary modifications or
acquire the needed assistive technology devices. Adults
under 60 years of age with disabilities and children with
disabilities shall receive services under the component of
the Program administered by the Department of Human Services.
An adult 60 years of age or older may elect to receive
services under the component administered by the Department
of Human Services if, at the time he or she reached age 60,
he or she was already receiving Home Services under
subsection (f) of Section 3 of the Disabled Persons
Rehabilitation Act or he or she was already receiving
services under the component of the Program administered by
the Department of Human Services. All other adults 60 years
of age or older receiving services under the Program shall
receive services under the component administered by the
Department on Aging.
Section 30. Rulemaking. The Department of Human Services
and the Department on Aging shall jointly adopt
administrative rules governing the Program consistent with
this Act.
Section 35. Advisory Committee. The Department of Human
Services and the Department on Aging shall jointly establish
an Advisory Committee for the Prevention of Unnecessary
Institutionalization Program to advise the Secretary of Human
Services and the Director on Aging on rulemaking, policies,
and procedures under which the Program shall operate. The
Advisory Committee shall consist of 11 members and shall
include at least three individuals under the age of 60
representing different disabilities appointed by the
Secretary of Human Services, three individuals age 60 or over
representing different disabilities appointed by the Director
on Aging, a representative of an Area Agency on Aging, the
Executive Director of the Statewide Independent Living
Council or his or her designee, a representative from the
construction industry who specializes in home modifications
for individuals with disabilities and older persons, the
Executive Director of the Illinois Assistive Technology
Project or his or her designee, and the Executive Director of
the Coalition of Citizens with Disabilities in Illinois or
his or her designee.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 26, 2001.
Approved July 20, 2001.
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