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91_HB3148
LRB9110409DJcdA
1 AN ACT to amend the Respite Program Act by changing
2 Sections 2, 3, 6, 7, 8, and 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Respite Program Act is amended by
6 changing Sections 2, 3, 6, 7, 8, and 12 as follows:
7 (320 ILCS 10/2) (from Ch. 23, par. 6202)
8 Sec. 2. Definitions. As used in this Act:
9 (1) "Respite care" means the provision of intermittent
10 and temporary substitute care or supervision of frail or
11 abused or functionally disabled or cognitively impaired older
12 adults on behalf of and in the absence of the primary
13 care-giver, for the purpose of providing relief from the
14 stress or responsibilities concomitant with providing
15 constant care, so as to enable the care-giver to continue the
16 provision of care in the home. Respite care should be
17 available to sustain the primary care-giver throughout the
18 period of care-giving, which can vary from several months to
19 a number of years. Respite care can be provided in the home,
20 in a community based day care setting during the day,
21 overnight, or for more extended periods of time on a
22 temporary basis.
23 (2) "Care-giver" shall mean the family member or other
24 natural person who normally provides the daily care or
25 supervision of a frail, abused or disabled elderly adult.
26 Such care-giver may, but need not, reside in the same
27 household as the frail or disabled adult.
28 (3) "Provider" shall mean any entity enumerated in
29 paragraph (1) of this Section which is the supplier of
30 services providing respite.
31 (4) "Sponsor" shall mean the provider, public agency or
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1 community group approved by the Director which establishes a
2 contractual relationship with the Department for the purposes
3 of providing services to persons under this Act, and which is
4 responsible for the recruitment of providers, the
5 coordination and arrangement of provider services in a manner
6 which meets client needs, the general supervision of the
7 local project program, and the submission of such information
8 or reports as may be required by the Director.
9 (5) "Director" shall mean the Director on Aging.
10 (6) "Department" shall mean the Department on Aging.
11 (7) "Abused" shall have the same meaning ascribed to it
12 in Section 103 of the Illinois Domestic Violence Act of 1986.
13 (8) "Frail or Disabled Adult" shall mean any person
14 suffering from Alzheimer's disease and who is 55 years of age
15 or older or any adult 60 years of age or older, who is unable
16 to attend to his or her daily needs without the assistance or
17 regular supervision of a care-giver due to mental or physical
18 impairment and who is otherwise eligible for services on the
19 basis of his level of impairment.
20 (9) "Emergency respite care" means the immediate
21 placement of a trained, in-home respite care worker in the
22 home during an emergency or unplanned event to substitute for
23 the primary care-giver. Emergency respite care may be
24 provided in the home on one or more occasions unless an
25 extension is deemed necessary by the case coordination unit.
26 When there is an urgent need for emergency respite care,
27 procedures to accommodate this need must be determined. An
28 emergency is:
29 (a) An unplanned event that results in the
30 immediate and unavoidable absence of the primary
31 care-giver from the home in an excess of 4 hours at a
32 time when no other qualified care-giver is available.
33 (b) An unplanned situation that prevents the
34 primary care-giver from providing the care required by a
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1 frail or abused or functionally disabled or cognitively
2 impaired adult living at home.
3 (c) An unplanned event that threatens the health
4 and safety of the disabled adult.
5 (d) An unplanned event that threatens the health
6 and safety of the primary care-giver thereby placing the
7 frail or abused or functionally disabled or cognitively
8 impaired older adult in danger.
9 (10) "Primary care-giver" means the spouse, relative, or
10 friend, 18 years of age or older, who provides the daily
11 in-home care and supervision of a frail or abused or
12 functionally disabled or cognitively impaired older adult. A
13 primary care-giver may, but does not need to, reside in the
14 same household as the frail or abused or functionally
15 disabled or cognitively impaired adult. A primary care-giver
16 requires intermittent relief from their caregiving duties to
17 continue to function as the primary care-giver.
18 (Source: P.A. 91-357, eff. 7-29-99.)
19 (320 ILCS 10/3) (from Ch. 23, par. 6203)
20 Sec. 3. Respite Program. By July 1, 2001, the Director
21 shall is hereby authorized to establish respite projects
22 throughout the State for the purposes of providing care and
23 assistance to persons in need and to deter the
24 institutionalization of frail or disabled or functionally
25 disabled or cognitively impaired adults.
26 (Source: P.A. 87-974.)
27 (320 ILCS 10/6) (from Ch. 23, par. 6206)
28 Sec. 6. Responsibilities. The following requirements
29 shall apply for any projects authorized under Section 3 of
30 this Act:
31 (a) The Director shall establish target areas needing
32 respite care services.
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1 (b) The Director shall publicize the existence of, and
2 make available, application forms for sponsors seeking to
3 establish a respite project program.
4 (c) The application forms shall require the following
5 information and any other information the Director deems
6 necessary.
7 (1) Identity and qualifications of a sponsor.
8 (2) Identity and qualifications of a provider and a
9 plan for the coordination of services.
10 (3) An assessment of the community need, support
11 and participation for respite services. The assessment
12 shall include documentation.
13 (4) Plans for the coordination and arrangement of
14 provider services in a manner that meets client needs.
15 (5) A fiscal plan, including specific provisions
16 for the utilization of existing reimbursement and funding
17 sources and the development of local financial support.
18 (6) Plans for publicizing the purpose of the
19 project and the services to be provided.
20 (7) Certification of licensure or certification of
21 any individual, agency or family providing a service
22 subject to licensure, or certification under State law.
23 (d) The Director shall review and evaluate each
24 application and present each application for review and
25 evaluation by the Council on Aging established under Section
26 7 of the Illinois Act on the Aging. The Council and the
27 Department shall approve a number of applications and, within
28 the amounts appropriated, award grants for the operation of
29 respite projects programs.
30 (e) The application approved by the Director and the
31 Council on Aging shall be the service plan of the provider.
32 The Director shall ensure that each service plan is
33 coordinated with the designated area agency provided for in
34 Sections 3.07 and 3.08 of the Illinois Act on the Aging, the
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1 local public health authority, and any other public or
2 private service provider to ensure that every effort will be
3 made to utilize existing funding sources and service
4 providers and to avoid unnecessary duplication of services.
5 (Source: P.A. 87-974.)
6 (320 ILCS 10/7) (from Ch. 23, par. 6207)
7 Sec. 7. Program priorities. The Director and the
8 Council on Aging may give priority to respite projects
9 programs operating before the effective date of this
10 amendatory Act of 1992. Consideration shall be given to
11 proposals that:
12 (a) develop new or expand existing respite care projects
13 programs to areas that are currently unserved or underserved;
14 (b) provide for respite care projects programs in areas
15 of the State that are currently without community based
16 services;
17 (c) provide services that are responsive to the
18 individual's needs and circumstances in a targeted area.
19 (Source: P.A. 87-974.)
20 (320 ILCS 10/8) (from Ch. 23, par. 6208)
21 Sec. 8. Funding. Respite projects authorized under this
22 Act shall be funded only to the extent of available
23 appropriations for such purposes, which may include, but are
24 not limited to, appropriations from the Tobacco Settlement
25 Recovery Fund. The Director shall seek and obtain federal
26 funds that may be available to finance grants awarded under
27 Section 6 of this Act, and shall also seek and obtain other
28 non-state resources for which the State may be eligible.
29 Implementation of projects under this Act shall be contingent
30 upon the availability of federal financial participation. To
31 the extent necessary for implementation of this Act, the
32 Department shall seek appropriate waivers of federal
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1 requirements from the U.S. Department of Health and Human
2 Services.
3 (Source: P.A. 87-974.)
4 (320 ILCS 10/12) (from Ch. 23, par. 6212)
5 Sec. 12. Annual Report. The Director shall submit a
6 report by January 1 of each year to the Governor and the
7 General Assembly detailing the progress of the respite
8 projects programs established under this Act. The report
9 shall include:
10 (a) a financial report for each project program;
11 (b) a qualitative and quantitative profile of sponsors,
12 providers, care-givers and recipients participating in the
13 project program;
14 (c) a comparative assessment of the costs and
15 effectiveness of each service or combination of services
16 provided;
17 (d) an assessment of the nature and extent of the demand
18 for services; and
19 (e) an evaluation of the success of projects programs
20 receiving grants for services.
21 (Source: P.A. 87-974.)