Full Text of HB1222 103rd General Assembly
HB1222ham002 103RD GENERAL ASSEMBLY | Rep. Maurice A. West, II Filed: 5/8/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1222
| 2 | | AMENDMENT NO. ______. Amend House Bill 1222 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Home | 5 | | Modification Program Act. | 6 | | Section 5. Findings. The General Assembly finds and | 7 | | declares 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. |
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| 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, |
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| 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 | 19 | | establish a home modification funding system that is | 20 | | streamlined, effective, and administered by experts within the | 21 | | disability 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: |
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| 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 | 25 | | availability of appropriations in an
amount sufficient to |
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| 1 | | implement and administer the provisions of this Act, the | 2 | | Department shall establish a Home Modification Program to | 3 | | provide financial assistance to persons with disabilities for | 4 | | home modification projects. The Department shall designate a | 5 | | statewide association that represents centers for independent | 6 | | living to serve as the lead agency to administer the program. | 7 | | The Department shall provide funding to the lead agency for | 8 | | the program. The lead agency shall distribute any moneys it | 9 | | receives from the Department to the State's 22 centers for | 10 | | independent living, covering all 102 counties. The lead agency | 11 | | shall ensure that each center for independent living has | 12 | | access to at least $105,000 to use for home modification | 13 | | projects, with the excess funds subject to reallocation during | 14 | | the 4th fiscal quarter of each year. | 15 | | Section 25. Home modification standards and | 16 | | qualifications. | 17 | | (a) To qualify for financial assistance under the Home | 18 | | Modification Program, an applicant must meet the following | 19 | | requirements: | 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 |
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| 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 |
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| 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 | 14 | | lead agency shall receive an administrative fee of 3% from all | 15 | | moneys that are passed through the lead agency for the purpose | 16 | | of the Home Modification Program.".
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