Full Text of HB5058 93rd General Assembly
HB5058ham001 93RD GENERAL ASSEMBLY
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Aging Committee
Filed: 03/04/04
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LRB093 19047 AMC 48475 a |
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| AMENDMENT TO HOUSE BILL 5058
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| AMENDMENT NO. ______. Amend House Bill 5058 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Act on the Aging is amended by | 5 |
| adding Section 8.08 as follows: | 6 |
| (20 ILCS 105/8.08 new) | 7 |
| Sec. 8.08. Critical access service areas; Long-term Care | 8 |
| Services for Older Adults Fund. | 9 |
| (a) For the purposes of this Section: | 10 |
| "Coordinating Committee" means the Housing, Health, and | 11 |
| Supportive Services for Older Adults Coordinating Committee | 12 |
| established in subsection (d) of this Section. | 13 |
| "Critical access service area" means an area of the State | 14 |
| that is being underserved with respect to services, on the | 15 |
| basis of being more than 30 minutes travel time under normal | 16 |
| driving conditions from the next nearest provider, or an | 17 |
| underserved area or health professional shortage area served by | 18 |
| a single provider. | 19 |
| "Provider" means any supplier of services to an older adult | 20 |
| under this Act. | 21 |
| "Services" includes housing, health, and supportive | 22 |
| services.
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| (b) The Director of Aging, in collaboration with the | 24 |
| Director of Public Health and the Director of Public Aid and in |
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| consultation with the Coordinating Committee, shall monitor | 2 |
| and analyze the distribution of services for older adults in | 3 |
| each geographic area of the State, identify service deficits or | 4 |
| problems, and designate critical access service areas.
By July | 5 |
| 1, 2005 and every 5 years thereafter, the Director of Aging | 6 |
| shall submit to the General Assembly an assessment of the | 7 |
| availability of services that identifies service deficits or | 8 |
| problems and includes a plan to address these deficits or | 9 |
| problems.
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| (c) At the end of each State fiscal year, except for | 11 |
| continuing appropriations subject to subsection (b) of Section | 12 |
| 25 of the State Finance Act, any unexpended and unreserved | 13 |
| General Revenue Fund appropriations for long-term care for | 14 |
| older adults, including nursing facilities, elderly waivers, | 15 |
| alternative care, and home care services, shall be deposited | 16 |
| into the Long-Term Care Services for Older Adults Fund, a | 17 |
| special fund hereby created in the State treasury that is not | 18 |
| subject to Section 8h of the State Finance Act. Moneys in the | 19 |
| Fund shall be used to fund the following alternative long-term | 20 |
| care services, with priority given to the distribution of funds | 21 |
| for services in critical access service areas: | 22 |
| (1) adult day services; | 23 |
| (2) home health services; | 24 |
| (3) homemaker services; | 25 |
| (4) personal care; | 26 |
| (5) case management; | 27 |
| (6) respite care; | 28 |
| (7) services provided under the Assisted Living and | 29 |
| Shared Housing Act, sheltered care services that meet the | 30 |
| requirements of the Assisted Living and Shared Housing Act, | 31 |
| or services provided under Section 5-5.01a of the Public | 32 |
| Aid Code, the Supportive Living Facilities Pilot Program; | 33 |
| (8) emergency response services; | 34 |
| (9) transition services; |
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| (10) residential care services; | 2 |
| (11) care-related supplies and equipment; | 3 |
| (12) meals delivered to the home; | 4 |
| (13) congregate meals; | 5 |
| (14) money management; | 6 |
| (15) transportation; | 7 |
| (16) companion services; | 8 |
| (17) nutrition services; | 9 |
| (18) family care services; | 10 |
| (19) training for direct informal caregivers; | 11 |
| (20) telemedicine devices to monitor recipients in | 12 |
| their own homes as an alternative to hospital care, nursing | 13 |
| home care, or home visits; | 14 |
| (21) environmental modifications; | 15 |
| (22) adult day services for persons with Alzheimer's | 16 |
| disease and related dementias;
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| (23) senior centers; and
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| (24) other programs designed to assist older | 19 |
| Illinoisans to remain independent and receive services in | 20 |
| the most integrated setting possible for that person. | 21 |
| (d) The Housing, Health, and Supportive Services for Older | 22 |
| Adults Coordinating Committee is hereby created. The Committee | 23 |
| shall be comprised of the following: | 24 |
| (1) The Director of Aging or his or her designee, who | 25 |
| shall serve as chair and shall be an ex officio and | 26 |
| nonvoting member. | 27 |
| (2) The Director of Public Aid and the Director of | 28 |
| Public Health, who shall serve as vice-chairs and shall be | 29 |
| ex officio and nonvoting members. | 30 |
| (3) One representative each of the Department of Public | 31 |
| Aid, the Department of Public Health, the Department of | 32 |
| Human Services, the Department of Insurance, the | 33 |
| Department of Commerce and Economic Affairs, the | 34 |
| Department on Aging, the Office of the State Ombudsman, and |
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| the Illinois Housing Finance Authority, who shall be | 2 |
| appointed by the Governor and shall be nonvoting members. | 3 |
| (4) One member appointed by the Governor selected from | 4 |
| the recommendations of the statewide organization | 5 |
| representing the Area Agencies on Aging. | 6 |
| (5) Four members appointed by the Governor selected | 7 |
| from the recommendations of statewide provider | 8 |
| organizations whose membership consists of nursing homes | 9 |
| or assisted living establishments. | 10 |
| (6) One member appointed by the Governor selected from | 11 |
| the recommendations of the statewide provider organization | 12 |
| whose membership consists of home health agencies. | 13 |
| (7) One member appointed by the Governor selected from | 14 |
| the recommendations of the statewide provider organization | 15 |
| whose membership provides case coordination services. | 16 |
| (8) Two members appointed by the Governor selected from | 17 |
| the recommendations of statewide senior center | 18 |
| associations. | 19 |
| (9) One member appointed by the Governor selected from | 20 |
| the recommendations of statewide provider organizations | 21 |
| whose membership provides community care homemaker | 22 |
| services. | 23 |
| (10) One member appointed by the Governor selected from | 24 |
| the recommendations of the statewide provider organization | 25 |
| whose membership provides community care adult day | 26 |
| services. | 27 |
| (11) One member appointed by the Governor selected from | 28 |
| the recommendations of the statewide provider organization | 29 |
| representing nutrition project directors. | 30 |
| (12) Two members appointed by the Governor selected | 31 |
| from the recommendations of statewide membership based | 32 |
| organizations that engage solely in advocacy or legal | 33 |
| representation on behalf of the senior population. | 34 |
| (13) One member appointed by the Governor selected from |
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| the recommendations of organizations representing | 2 |
| individuals with Alzheimer's disease and related | 3 |
| dementias. | 4 |
| (14) Two members appointed by the Governor selected | 5 |
| from the recommendations of statewide trade or labor | 6 |
| unions. | 7 |
| (15) One professional nurse appointed by the Governor | 8 |
| selected from the recommendations of statewide | 9 |
| professional nursing associations. | 10 |
| (16) One physician appointed by the Governor | 11 |
| specializing in gerontology selected from the | 12 |
| recommendations of statewide organizations representing | 13 |
| physicians. | 14 |
| Members of the Coordinating Committee appointed by the | 15 |
| Governor shall be appointed to serve for terms of 3 years. All | 16 |
| members shall be appointed no later than January 1, 2005. Of | 17 |
| the initial appointees, 6 members shall serve a term of one | 18 |
| year; 6 shall serve for a term of 2 years; and 7 shall serve for | 19 |
| a term of 3 years. A member's term does not expire until a | 20 |
| successor is appointed by the Governor. Any member appointed to | 21 |
| fill a vacancy occurring prior to the expiration of the term | 22 |
| for which his or her predecessor was appointed shall be | 23 |
| appointed for the remainder of that term. The Committee shall | 24 |
| meet at the call of the Chair. The affirmative vote of 10 | 25 |
| members of the Coordinating Committee shall be necessary for | 26 |
| committee action. Members of the Coordinating Committee shall | 27 |
| receive no compensation for their services.
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| (e) Nothing in this Section prevents a nursing facility | 29 |
| from being eligible to provide any of the services listed in | 30 |
| subsection (c).
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| Section 10. The State Finance Act is amended by amending | 32 |
| Section 8h and by adding Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Long-term Care Services for Older Adults | 3 |
| Fund.
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund.
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| (a) Except as provided in subsection (b), notwithstanding
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| Notwithstanding any other
State law to the contrary, the | 8 |
| Director of the
Governor's Office of Management and Budget
may | 9 |
| from time to time direct the State Treasurer and Comptroller to | 10 |
| transfer
a specified sum from any fund held by the State | 11 |
| Treasurer to the General
Revenue Fund in order to help defray | 12 |
| the State's operating costs for the
fiscal year. The total | 13 |
| transfer under this Section from any fund in any
fiscal year | 14 |
| shall not exceed the lesser of 8% of the revenues to be | 15 |
| deposited
into the fund during that year or 25% of the | 16 |
| beginning balance in the fund.
No transfer may be made from a | 17 |
| fund under this Section that would have the
effect of reducing | 18 |
| the available balance in the fund to an amount less than
the | 19 |
| amount remaining unexpended and unreserved from the total | 20 |
| appropriation
from that fund for that fiscal year. This Section | 21 |
| does not apply to any
funds that are restricted by federal law | 22 |
| to a specific use or to any funds in
the Motor Fuel Tax Fund or | 23 |
| the Hospital Provider Fund. Notwithstanding any
other | 24 |
| provision of this Section,
the total transfer under this | 25 |
| Section from the Road Fund or the State
Construction Account | 26 |
| Fund shall not exceed 5% of the revenues to be deposited
into | 27 |
| the fund during that year.
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| In determining the available balance in a fund, the | 29 |
| Director of the
Governor's Office of Management and Budget
may | 30 |
| include receipts, transfers into the fund, and other
resources | 31 |
| anticipated to be available in the fund in that fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 33 |
| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the | 2 |
| Director of the Governor's Office of Management and
Budget.
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| (b) This Section does not apply to the Long-term Care | 4 |
| Services for Older Adults Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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