Rep. Maurice A. West, II

Filed: 5/8/2023

 

 


 

 


 
10300HB1222ham002LRB103 05815 KTG 61385 a

1
AMENDMENT TO HOUSE BILL 1222

2    AMENDMENT NO. ______. Amend House Bill 1222 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Home
5Modification Program Act.
 
6    Section 5. Findings. The General Assembly finds and
7declares the following:
8        (1) The national average monthly cost for a private
9    nursing home room in 2020 was $8,821 ($105,852 annually).
10    Home modifications paired with other resources can allow
11    individuals to remain in their homes at a lower overall
12    expense.
13        (2) According to an AARP study, 90% of people age 65
14    and over would prefer to stay in their own homes as they
15    get older and not go to a nursing home or assisted living
16    facility.

 

 

10300HB1222ham002- 2 -LRB103 05815 KTG 61385 a

1        (3) On June 22, 1999, the United States Supreme Court
2    held in Olmstead v. L.C., 119 S. Ct. 2176 (1999), that
3    unjustified segregation of persons with disabilities
4    constitutes discrimination in violation of Title II of the
5    Americans with Disabilities Act. At the heart of its
6    decision were 2 concepts. First, "institutional placement
7    of persons who can handle and benefit from community
8    settings perpetuates unwarranted assumptions that persons
9    so isolated are incapable of or unworthy of participating
10    in community life". Second, "confinement in an institution
11    severely diminishes the everyday life activities of
12    individuals, including family relations, social contacts,
13    work options, economic independence, educational
14    advancement, and cultural enrichment".
15        (4) The United States has roughly 1,200,000 adults in
16    nursing homes and over 360,000 people in psychiatric and
17    other 24-hour care institutions across the country, and
18    waiting lists for housing subsidies across the country
19    average over 2,000 households per list and have a median
20    of 1.5 years, and up to 7-year waits in some areas.
21        (5) There is an estimated shortage of 7,000,000
22    affordable housing units and less than 5% of the units
23    that do exist fit access standards for individuals with
24    moderate mobility needs. In Chicago, less than 1% of units
25    are accessible.
26        (6) With a growing shortage of nurses and caregivers,

 

 

10300HB1222ham002- 3 -LRB103 05815 KTG 61385 a

1    home modifications can reduce the need for home support
2    and alleviate stress on the health care system.
3        (7) According to a report released in 2021 by the U.S.
4    Census Bureau, nearly 3,900,000 veterans receive
5    disability compensation payments. These veterans have
6    sacrificed in service to their country and for the defense
7    of our freedoms. Home modifications will help Illinois
8    veterans to regain and maintain their own freedom to
9    utilize their homes and access the world around them.
10        (8) Current grant recipients of home modifications
11    funding have not had access to the expertise needed to
12    effectively provide resources and or services for people
13    with disabilities. Centers for independent living possess
14    the expertise to provide knowledgeable guidance to assist
15    people with disabilities with home modifications through
16    accessibility audits of current or prospective homes to
17    guarantee equal opportunity to live in the community.
 
18    Section 10. Purpose. The purpose of this Act is to
19establish a home modification funding system that is
20streamlined, effective, and administered by experts within the
21disability community.
 
22    Section 15. Definitions. As used in this Act:
23        "Department" means the Department of Human Services.
24        "Disability" means, with respect to an individual:

 

 

10300HB1222ham002- 4 -LRB103 05815 KTG 61385 a

1            (1) a physical or mental impairment that
2        substantially limits one or more major life activities
3        of the individual;
4            (2) a record of such an impairment; or
5            (3) being regarded as having such an impairment.
6        An individual meets the requirement of "being regarded
7        as having such an impairment" if the individual
8        establishes that he or she has been subjected to an
9        action prohibited under the Americans with
10        Disabilities Act of 1990 because of an actual or
11        perceived physical or mental impairment whether or not
12        the impairment limits or is perceived to limit a major
13        life activity.
14        "Home modification" means any change to the structure
15    of a residential home or property to create barrier free
16    living, provide access to and from the home, create
17    universal design, or avoid institutionalized or congregate
18    placement for persons with a disability.
19        "Older adult" means any person 60 years of age or
20    older.
21        "Universal design" means any dwelling unit designed
22    and constructed that is safe and accessible for everyone,
23    regardless of age, physical ability, or stature.
 
24    Section 20. Home Modification Program. Subject to the
25availability of appropriations in an amount sufficient to

 

 

10300HB1222ham002- 5 -LRB103 05815 KTG 61385 a

1implement and administer the provisions of this Act, the
2Department shall establish a Home Modification Program to
3provide financial assistance to persons with disabilities for
4home modification projects. The Department shall designate a
5statewide association that represents centers for independent
6living to serve as the lead agency to administer the program.
7The Department shall provide funding to the lead agency for
8the program. The lead agency shall distribute any moneys it
9receives from the Department to the State's 22 centers for
10independent living, covering all 102 counties. The lead agency
11shall ensure that each center for independent living has
12access to at least $105,000 to use for home modification
13projects, with the excess funds subject to reallocation during
14the 4th fiscal quarter of each year.
 
15    Section 25. Home modification standards and
16qualifications.
17    (a) To qualify for financial assistance under the Home
18Modification Program, an applicant must meet the following
19requirements:
20        (1) Be a resident of the State of Illinois.
21        (2) Be a person with a disability as defined in
22    Section 15. An older adult or veteran who has a disability
23    as defined in Section 15 meets this requirement.
24        (3) Have proof of disability from an agency other than
25    a center for independent living when a disability is not

 

 

10300HB1222ham002- 6 -LRB103 05815 KTG 61385 a

1    obvious or readily apparent.
2        (4) Be a homeowner or a residential tenant who has
3    obtained the permission of his or her landlord to make the
4    home modification. If a tenant and landlord agree to the
5    home modification, both parties must sign off on final
6    approval, as well as sign a statement of non-fraudulent
7    intent.
8        (5) Have income that does not exceed 200% of area
9    median income.
10        (6) Have not applied for, and been found to be
11    currently eligible for, a separate home modification
12    program or separate substantially similar services
13    administered, coordinated, or provided by the Department
14    and its divisions. Nothing in this paragraph requires a
15    qualified applicant to apply for services through the
16    Department and its divisions.
17    (b) Assessment.
18        (1) An applicant's home must undergo a thorough
19    assessment by a trained center for independent living
20    staff member. The staff member shall make a written report
21    of the results of the assessment.
22        (2) The lead agency shall establish a Home
23    Modification Subcommittee of experienced center for
24    independent living staff to provide additional oversight,
25    including, but not limited to:
26            (A) Reviewing the submitted assessment report and

 

 

10300HB1222ham002- 7 -LRB103 05815 KTG 61385 a

1        bid for at least the first 3 home modification
2        requests from a center for independent living or when
3        new staff is hired.
4            (B) Reviewing any request for more than $35,000.
5    (c) Contractors.
6        (1) When selecting a contractor, a center for
7    independent living must seek bids from at least 2
8    contractors, choosing the lowest responsible bidder.
9        (2) All contractors must be licensed, where
10    applicable, insured, and follow all local, State, and
11    federal requirements, including the requirements under the
12    Illinois Accessibility Code.
 
13    Section 30. Administration of home modification funds. The
14lead agency shall receive an administrative fee of 3% from all
15moneys that are passed through the lead agency for the purpose
16of the Home Modification Program.".