HB3716 103RD GENERAL ASSEMBLY

LRB103 30277 CPF 56705 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3716

Introduced 2/17/2023, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

210 ILCS 45/Art. IV heading new
210 ILCS 45/4-101 new
210 ILCS 45/4-105 new

Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by adding the heading of Article IV and Sections 4-101 and 4-105 as follows:

(210 ILCS 45/Art. IV heading new)

ARTICLE IV. LONG-TERM CARE TRANSITION.

(210 ILCS 45/4-101 new)

Sec. 4-101. Long-Term Care Transition Plan.

(a) The Department of Human Services shall convene a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to implement the long-standing policy of the State of deinstitutionalizing individuals who require long-term care, consistent with the requirements of community integration in the Americans with Disabilities Act, 42 U.S.C. 12101, and the United States Supreme Court decision of Olmstead v. L.C., 527 U.S. 581 (1999).

(b) The Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. To achieve that goal, the plan shall:

(1) survey current nursing facility residents to determine the number who would prefer to live in the community if sufficient and appropriate community services were available;

(2) quantify the amount of nursing home costs that are attributable to providing shelter as opposed to nursing services, medical care, or support with activities of daily living;

(3) estimate the percentage of the current nursing facility population that could be served at the same or lesser cost if the services they required were available in the community;

(4) specify timetables for achieving recommended programmatic changes with estimates of the numbers of nursing home residents made eligible for care in the community by each change;

(5) specify a procedure for educating people in nursing facilities and people considering entering nursing facilities about their community care options;

(6) estimate the funding redistribution needed to meet that timetable;

(7) identify programs that allow less congregated and less restrictive care than those currently available;

(8) identify gaps in program coordination that, if properly coordinated, could assist in achieving the goal; and

(9) propose a process for ensuring a just transition for nursing home staff displaced by the plan.

(c) The Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. The plan shall also identify which specific additional programs are most likely to allow the largest number of individuals in this group to live in the community and the cost associated with each program.

(d) The Task Force shall consist of the following individuals, appointed by the Governor:

(1) the Director of the Department of Healthcare and Family Services, or the Director's designee;

(2) the Director of the Department of Health, or the Director's designee;

(3) the Director of the Department on Aging, or the Director's designee;

(4) the Secretary of the Department of Human Services, or the Secretary's designee;

(5) one member from the majority party of the Senate of the General Assembly;

(6) one member from the minority party of the Senate of the General Assembly;

(7) one member from the majority party of the House of Representatives of the General Assembly;

(8) one member from the minority party of the House of Representatives of the General Assembly;

(9) the Attorney General, or the Attorney General's designee;

(10) two members representing statewide trade or labor unions that represent workers in long-term care settings;

(11) three members representing the Statewide Independent Living Council;

(12) three members from the community of persons with disabilities, nominated by the Statewide Independent Living Council;

(13) three members from the community of seniors and senior advocates, nominated by the Statewide Independent Living Council;

(14) one member each from each of the nursing home industry associations;

(15) one member representing a national network of advocates for independent living, nominated by the Statewide Independent Living Council; and

(16) one member of the Protection and Advocacy System for the State.

(e) The Task Force members shall elect a chairperson from among the members. Task Force members shall serve without compensation but shall be reimbursed for reasonable expenses incurred in carrying out the members' duties.

(f) The Department of Human Services shall provide administrative support to the Task Force.

(g) The Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of this amendatory Act of the 103rd General Assembly. The Task Force shall issue its plan no later than one year after the Task Force is constituted.

(210 ILCS 45/4-105 new)

Sec. 4-105. Facility Transition Housing Program.

(a) Within 6 months of the effective date of this amendatory Act of the 103rd General Assembly, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act, 42 U.S.C. 1381, who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy.

(b) The proposal shall be designed to provide housing assistance payments sufficient to allow eligible individuals to live in the community, but in any event shall provide an amount of assistance not less than the assistance provided through the federal United States Department of Housing and Urban Development Section 8 housing program.

(c) When designing the program, the Task Force shall consider the cost savings of living in the community in comparison with the expense of living in a facility.

(d) The proposal shall identify estimated total costs, estimated savings connected to housing individuals with a housing subsidy instead of in nursing facilities, and any appropriate funding redistribution on enactment of the proposal.