Full Text of HB6706 93rd General Assembly
HB6706enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to aging.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Family Caregiver Act.
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| Section 5. Legislative findings. The General Assembly | 7 |
| recognizes the
following:
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| (1) Family caregivers, serving without compensation, | 9 |
| have been the
mainstay of the long-term care system in this | 10 |
| country. Care provided by these
informal caregivers is the | 11 |
| most crucial factor in avoiding or postponing
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| institutionalization of the State's residents.
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| (2) Among non-institutionalized persons needing | 14 |
| assistance with personal
care needs, two-thirds depend | 15 |
| solely on family and friends for assistance.
Another 25% | 16 |
| supplement family care with services from paid providers. | 17 |
| Only a
little more than 5% rely exclusively on paid | 18 |
| services.
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| (3) Family caregivers are frequently under substantial | 20 |
| physical,
psychological, and financial stress. Unrelieved | 21 |
| by support services available
to the caregiver, this stress | 22 |
| may lead to premature or unnecessary
institutionalization | 23 |
| of the care recipient or deterioration in the health
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| condition and family circumstances of the caregiver.
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| (4) Two out of 3 family caregivers, due to being | 26 |
| employed outside the
home, experience additional stress. | 27 |
| Two-thirds of working caregivers report
conflicts between | 28 |
| work and caregiving, requiring them to rearrange their work
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| schedules, work fewer than normal hours, or take an unpaid | 30 |
| leave of absence.
For this population, caregiver support | 31 |
| services have the added benefit of
allowing family | 32 |
| caregivers to remain active members of our State's
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| workforce.
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| Section 10. Legislative intent. It is the intent of the | 3 |
| General Assembly to
establish a multi-faceted family caregiver | 4 |
| support program to assist unpaid
family caregivers and | 5 |
| grandparents or other older individuals who are relative
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| caregivers, who are informal providers of in-home and community | 7 |
| care to
older individuals or children.
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| Services provided under this program shall do the | 9 |
| following:
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| (1) Provide information, relief, and support to family | 11 |
| and other unpaid
caregivers of older individuals and | 12 |
| children.
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| (2) Encourage family members to provide care for their | 14 |
| family
members who are older individuals and children.
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| (3) Provide temporary substitute support services or | 16 |
| living arrangements
to allow
a period of relief or rest for | 17 |
| caregivers.
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| (4) Be provided in the least restrictive setting | 19 |
| available consistent with
the individually assessed needs | 20 |
| of older individuals and children.
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| (5) Include services appropriate to the needs of family | 22 |
| members caring for
older individuals and children, | 23 |
| including older individuals with dementia.
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| (6) Provide family caregivers with services that | 25 |
| enable them to make
informed decisions about current and | 26 |
| future care plans, solve day-to-day
caregiving
problems, | 27 |
| learn essential care giving skills, and locate services | 28 |
| that may
strengthen their capacity to provide care.
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| Section 15. Definitions. In this Act:
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| "Caregiver" or "family caregiver" means an adult family | 31 |
| member, or another
individual, who is an informal provider of | 32 |
| in-home and community care to an
older individual, or a | 33 |
| grandparent or older individual who is a relative
caregiver.
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| "Child" or "children" means an individual or individuals 18 |
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| years of age or
under.
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| "Department" means the Department on Aging.
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| "Eligible participant" means a family caregiver or a | 4 |
| grandparent or older
individual who is a relative caregiver.
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| "Family caregiver support services" includes, but is not | 6 |
| limited to, the
following:
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| (1) Information to caregivers about available | 8 |
| services.
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| (2) Assistance to caregivers in gaining access to the | 10 |
| services.
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| (3) Individual counseling, organization of support | 12 |
| groups, and caregiver
training for caregivers to assist the | 13 |
| caregivers in making decisions and
solving problems | 14 |
| relating to their caregiving roles.
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| (4) Respite care to enable
caregivers to be temporarily | 16 |
| relieved from
their
caregiving responsibilities.
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| (5) Supplemental services, on a limited basis, to | 18 |
| complement the care
provided by the caregivers.
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| (6) Other services as identified by the Department and | 20 |
| defined by rule.
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| "Frail individual" means an older individual who is | 22 |
| determined to be
functionally impaired because the individual | 23 |
| (i) is unable to perform from at
least 2 activities of daily | 24 |
| living without substantial human assistance,
including
verbal | 25 |
| reminding, physical cueing, or supervision or (ii) due to a | 26 |
| cognitive or
other mental impairment, requires substantial | 27 |
| supervision because the
individual behaves in a manner that | 28 |
| poses a serious health or safety hazard to
the individual or to | 29 |
| another individual.
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| "Grandparent or older individual who is a relative | 31 |
| caregiver" means a
grandparent or step-grandparent of a child, | 32 |
| or a relative of a child by blood
or marriage, who:
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| (1) lives with the child;
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| (2) is the primary caregiver for the child because the | 35 |
| child's biological
or adoptive parents are unable or | 36 |
| unwilling to serve as the primary caregiver
for the child; |
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| and
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| (3) has a legal relationship to the child, such as | 3 |
| legal custody or
guardianship, or is raising the child | 4 |
| informally.
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| "Informal provider" means an individual who is not | 6 |
| compensated for the care
he or she provides.
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| "Older individual" means an individual who is 60 years of | 8 |
| age or older,
except for a grandparent or older individual who | 9 |
| is a relative caregiver.
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| "Respite care" means
substitute supports or living | 11 |
| arrangements provided on an intermittent,
occasional basis. | 12 |
| The term includes, but is not limited to, in-home respite
care, | 13 |
| adult day care, child care, and institutional care.
The term | 14 |
| also includes respite care as defined in Section 2 of the | 15 |
| Respite
Program Act to the extent that such services are | 16 |
| allowable and participants are
eligible under the National | 17 |
| Family Caregiver Support Program.
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| Section 16. Family caregiver demonstration grant. The | 19 |
| Department shall seek
federal funding for the establishment and | 20 |
| assessment of a Family Caregiver
Training and Support | 21 |
| Demonstration Project. The Department is authorized to
fund
2 | 22 |
| sites, one in a rural community and one in a more urban area. | 23 |
| The
Department
shall adopt rules governing participation and | 24 |
| oversight of the program.
The Department shall seek technical | 25 |
| assistance from the Department of Public
Aid and the Department | 26 |
| of Human Services. The Department shall
advise the Governor and | 27 |
| the General Assembly regarding the effectiveness of
the program | 28 |
| within 6 months after the conclusion of the demonstration | 29 |
| period.
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| Section 20. Powers and duties of the Department. The | 31 |
| Department shall
administer this Act and shall adopt rules and | 32 |
| standards the Department deems
necessary for that purpose.
At a | 33 |
| minimum, those rules and standards shall address the following:
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| (1) Standards and mechanisms designed to ensure the |
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| quality of services
provided with assistance made | 2 |
| available under this Act.
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| (2) Data collection and record maintenance.
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| The Department shall administer this Act in coordination | 5 |
| with Section 4.02
and related provisions of the Illinois Act on | 6 |
| the Aging.
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| Section 25. Provision of services. The Department shall | 8 |
| contract with area
agencies on aging and other appropriate | 9 |
| agencies to conduct family caregiver
support services to the | 10 |
| extent of available State and federal funding.
Services | 11 |
| provided under this Act must be provided according to the | 12 |
| requirements
of federal law and rules, except for the provision | 13 |
| of services to grandparents
or older individuals who are | 14 |
| relative caregivers when State funding is utilized
to provide | 15 |
| those services.
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| Section 30. Eligibility for respite and supplemental | 17 |
| services. When a
family
caregiver is providing in-home and | 18 |
| community care to an older individual, the
older
individual | 19 |
| must be a frail individual as defined in this Act in order for | 20 |
| the
family
caregiver to be eligible to receive respite and | 21 |
| supplemental services.
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| Section 35. Health care practitioners and facilities not | 23 |
| impaired. Nothing
in this Act shall impair the practice of any | 24 |
| licensed health care practitioner
or licensed health care | 25 |
| facility.
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| Section 40. Entitlement not created; funding; waivers.
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| (a) Nothing in this Act
creates or provides
any individual | 28 |
| with an entitlement to services or benefits. It is the General
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| Assembly's intent that services under this Act shall be made | 30 |
| available only to
the extent of the availability and level of | 31 |
| appropriations made by the General
Assembly.
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| (b) The Director may seek and obtain State and federal |
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| funds that may be
available to finance services under this Act, | 2 |
| and may also seek and
obtain other non-State resources for | 3 |
| which the State may be eligible.
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| (c) The Department may seek appropriate waivers of federal | 5 |
| requirements from
the U.S. Department of Health and Human | 6 |
| Services.
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| Section 90. The Respite Program Act is amended by changing | 8 |
| Sections 1.5, 2,
3, 4, 5, 6, 8, 11, and 12 as follows:
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| (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
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| Sec. 1.5. Purpose. It is hereby found and determined by | 11 |
| the General
Assembly that respite care provides relief and | 12 |
| support to the primary
care-giver of a frail or abused or | 13 |
| functionally disabled or
cognitively
impaired older adult and | 14 |
| provides
by providing a break for the
caregiver from the | 15 |
| continuous
responsibilities of care-giving. Without this | 16 |
| support, the primary
care-giver's ability to continue in his or | 17 |
| her role would be jeopardized;
thereby increasing the risk of | 18 |
| institutionalization of the frail or abused
or
functionally
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| disabled or cognitively impaired older adult.
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| By providing
improving and expanding the in-home respite | 21 |
| care
services currently
available through intermittent planned | 22 |
| or emergency relief to the care-giver
during the regular | 23 |
| week-day, evening, and weekend hours, both the special
physical | 24 |
| and psychological needs of the primary care-giver and the frail | 25 |
| or
abused or functionally disabled , or cognitively impaired | 26 |
| older adult,
who
is the recipient of continuous care, shall be | 27 |
| met reducing or preventing
the need for institutionalization.
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| Furthermore, the primary care-giver providing continuous | 29 |
| care is
frequently under substantial financial stress. Respite | 30 |
| care and other
supportive services sustain and preserve the | 31 |
| primary care-giver and family
caregiving unit. It is the intent | 32 |
| of the General Assembly that this
amendatory Act of 1992 ensure | 33 |
| that Illinois primary care-givers of
frail or abused or | 34 |
| functionally disabled or cognitively impaired
older
adults |
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| have access to affordable, appropriate in-home respite care | 2 |
| services.
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| (Source: P.A. 87-974.)
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| (320 ILCS 10/2) (from Ch. 23, par. 6202)
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| Sec. 2. Definitions. As used in this Act:
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| (1) "Respite care" means the provision of intermittent and | 7 |
| temporary
substitute care or supervision of frail or abused or | 8 |
| functionally
disabled
or cognitively impaired older adults on | 9 |
| behalf of and in the absence
of the primary care-giver, for the | 10 |
| purpose of providing relief from the stress
or responsibilities | 11 |
| concomitant with providing constant care, so as to enable
the | 12 |
| care-giver to continue the provision of care in the home. | 13 |
| Respite care
should be available to sustain the primary
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| care-giver throughout the period
of care-giving, which can vary | 15 |
| from several months to a number of years.
Respite care can be | 16 |
| provided in the home, in a community based day care
setting | 17 |
| during the day, overnight,
in a substitute residential setting | 18 |
| such as a long-term care facility
required to be licensed under | 19 |
| the Nursing Home Care Act or the Assisted Living
and Shared | 20 |
| Housing Act,
or for more extended periods of time on a
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| temporary basis.
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| (1.5) "In-home respite care" means care provided by an
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| appropriately trained paid worker providing short-term | 24 |
| intermittent care,
supervision, or companionship to the frail | 25 |
| or
disabled adult in the home while relieving
the care-giver, | 26 |
| by permitting a short-term break from the care-giver's
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| care-giving
role. This support may contribute to the delay, | 28 |
| reduction, and prevention of
institutionalization by enabling | 29 |
| the care-giver to continue in his or her
care-giving role. | 30 |
| In-home respite care should be flexible and available in a
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| manner that is responsive to the needs of the care-giver. This
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| may consist of evening respite care services that are available | 33 |
| from
6:00 p.m. to 8:00 a.m. Monday through Friday and weekend | 34 |
| respite care
services from 6:00 p.m. Friday to 8:00 a.m. | 35 |
| Monday.
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| (2) "Care-giver" shall mean the family member or other | 2 |
| natural person
who normally provides the daily care or | 3 |
| supervision of a frail , abused or
disabled elderly adult. Such | 4 |
| care-giver may, but need not, reside in the
same household as | 5 |
| the frail or disabled adult.
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| (3) (Blank).
"Provider" shall mean any entity enumerated in | 7 |
| paragraph
(1) of
this Section which is the supplier of services | 8 |
| providing respite.
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| (4) (Blank).
"Sponsor" shall mean the provider, public | 10 |
| agency or
community group
approved by the Director which | 11 |
| establishes a contractual relationship with
the Department for | 12 |
| the purposes of providing services to persons under this
Act, | 13 |
| and which is responsible for the recruitment of providers, the
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| coordination and arrangement of provider services in a manner | 15 |
| which meets
client needs, the general supervision of the local | 16 |
| program, and the submission
of such information or reports as | 17 |
| may be required by the Director.
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| (5) (Blank).
"Director" shall mean the Director of Aging.
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| (6) "Department" shall mean the Department on Aging.
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| (7) (Blank).
"Abused" shall have the same meaning ascribed | 21 |
| to it in
Section 103
of the Illinois Domestic Violence Act of | 22 |
| 1986.
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| (8) "Frail or disabled adult" shall mean any person | 24 |
| suffering
from Alzheimer's disease who is 60
55 years of age or | 25 |
| older and
or any adult
60 years of age or older, who either (i) | 26 |
| suffers from Alzheimer's disease
or a related disorder or (ii)
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| is unable to attend to his or her daily needs
without the | 28 |
| assistance or regular supervision of a care-giver due to mental
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| or physical impairment and who is otherwise eligible for | 30 |
| services on the
basis of his or her level of impairment.
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| (9) "Emergency respite care" means the immediate placement | 32 |
| of a
trained, in-home respite care worker in the home during an | 33 |
| emergency or
unplanned event , or during a temporary placement | 34 |
| outside the home, to
substitute for the primary care-giver. | 35 |
| Emergency respite
care may be provided in the home on one or | 36 |
| more occasions unless an
extension is deemed necessary by the |
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| case coordination unit or by another agency designated by the | 2 |
| Department and area agencies on aging to conduct needs | 3 |
| assessments for respite care services . When there
is an urgent | 4 |
| need for emergency respite care, procedures to accommodate
this | 5 |
| need must be determined. An emergency is:
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| (a) An unplanned event that results in the immediate | 7 |
| and unavoidable
absence of the primary care-giver from the | 8 |
| home in an excess of 4 hours at
a
time when no other | 9 |
| qualified care-giver is available.
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| (b) An unplanned situation that prevents the primary
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| care-giver from
providing the care required by a frail or | 12 |
| abused or functionally disabled
or cognitively impaired
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| adult living at home.
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| (c) An unplanned event that threatens the health and | 15 |
| safety of the
frail or disabled adult.
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| (d) An unplanned event that threatens the health and | 17 |
| safety of the
primary care-giver thereby placing the frail | 18 |
| or abused or functionally
disabled or cognitively impaired | 19 |
| older adult in danger.
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| (10) (Blank).
"Primary care-giver" means the spouse, | 21 |
| relative, or
friend,
18 years
of age or older, who provides the | 22 |
| daily in-home care and supervision of a
frail or abused or | 23 |
| functionally disabled or cognitively impaired older
adult. A | 24 |
| primary care-giver may, but does not need to, reside in the | 25 |
| same
household as the frail or abused or functionally disabled | 26 |
| or cognitively
impaired adult. A primary care-giver requires | 27 |
| intermittent relief from
his or her caregiving duties to | 28 |
| continue to function as the
primary care-giver.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
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| (320 ILCS 10/3) (from Ch. 23, par. 6203)
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| Sec. 3. Respite Program. The Director is hereby authorized | 32 |
| to administer
a program of
establish
respite projects for the | 33 |
| purposes of providing care and assistance to persons
in need | 34 |
| and to deter the institutionalization of frail or disabled or
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| functionally disabled or cognitively impaired adults.
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| (Source: P.A. 87-974.)
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| (320 ILCS 10/4) (from Ch. 23, par. 6204)
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| Sec. 4. No Limit to Care. Nothing contained in this Act | 4 |
| shall be construed
so as to limit, modify or otherwise affect | 5 |
| the provisions , for
long-term
in-home services being provided | 6 |
| under , of Section 4.02 of the Illinois
Act on the Aging.
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| (Source: P.A. 87-974.)
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| (320 ILCS 10/5) (from Ch. 23, par. 6205)
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| Sec. 5. Eligibility. The Department may establish | 10 |
| eligibility standards for
respite services taking into | 11 |
| consideration the unique economic and social needs
of the | 12 |
| population for whom they are to be provided. The population | 13 |
| identified
for the purposes of this Act includes persons | 14 |
| suffering from Alzheimer's
disease or a related disorder and | 15 |
| persons who are 60
55 years
of age or older , or persons age 60
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| and older with
an identified service need. Priority shall be | 17 |
| given in all cases to frail ,
abused or functionally disabled or | 18 |
| cognitively impaired adults.
| 19 |
| (Source: P.A. 87-974.)
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| (320 ILCS 10/6) (from Ch. 23, par. 6206)
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| Sec. 6. Responsibilities.
The following requirements | 22 |
| shall apply for
any projects authorized under Section 3 of this | 23 |
| Act:
| 24 |
| (a) The Department
Director shall administer this Act and | 25 |
| shall
adopt rules and standards the Department deems necessary | 26 |
| for that purpose
establish target areas needing respite care
| 27 |
| services .
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| (b) The Department
Director shall make grants to or | 29 |
| contract with
Area Agencies on Aging and other appropriate | 30 |
| community-based organizations to
provide respite care under | 31 |
| this Act
publicize the existence of, and
make available,
| 32 |
| application forms for sponsors seeking to
establish a respite | 33 |
| program .
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| (c) (Blank).
The application forms shall require the | 2 |
| following
information and any
other information the Director | 3 |
| deems necessary.
| 4 |
| (1) Identity and qualifications of a sponsor.
| 5 |
| (2) Identity and qualifications of a provider and a | 6 |
| plan for the
coordination of services.
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| (3) An assessment of the community need, support and | 8 |
| participation for
respite services. The assessment shall | 9 |
| include documentation.
| 10 |
| (4) Plans for the coordination and arrangement of | 11 |
| provider services in a
manner that meets client needs.
| 12 |
| (5) A fiscal plan, including specific provisions for | 13 |
| the utilization
of existing reimbursement and funding | 14 |
| sources and the development of local
financial support.
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| (6) Plans for publicizing the purpose of the project | 16 |
| and the services to
be provided.
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| (7) Certification of licensure or certification of any | 18 |
| individual,
agency or family providing a service subject to | 19 |
| licensure, or certification
under State law.
| 20 |
| (d) (Blank).
The Director shall review and evaluate
each | 21 |
| application and present
each application for review and | 22 |
| evaluation by the Council on Aging
established under Section 7 | 23 |
| of the Illinois Act on the Aging. The Council
and the | 24 |
| Department shall approve a number of applications and, within | 25 |
| the
amounts appropriated, award grants for the operation of | 26 |
| respite programs.
| 27 |
| (e) (Blank).
The application approved by the Director and | 28 |
| the Council
on Aging
shall be the service plan of the provider. | 29 |
| The Director
shall ensure that each service plan is coordinated | 30 |
| with the designated area
agency provided for in Sections 3.07 | 31 |
| and 3.08 of the Illinois Act on the
Aging, the local public | 32 |
| health authority, and any other public or private
service | 33 |
| provider to ensure that every effort will be made to utilize
| 34 |
| existing funding sources and service providers and to avoid | 35 |
| unnecessary
duplication of services.
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| (f) Nothing in this Act shall be construed to limit, |
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| modify, or otherwise
affect the provision of long-term in-home | 2 |
| services under Section 4.02 of the
Illinois Act on the Aging.
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| (Source: P.A. 87-974.)
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| (320 ILCS 10/8) (from Ch. 23, par. 6208)
| 5 |
| Sec. 8. Funding.
Services
Respite projects authorized | 6 |
| under this Act
shall be
funded only to the extent of available | 7 |
| appropriations for such purposes. The
Director may
shall seek | 8 |
| and obtain State and federal funds that may
be
available to | 9 |
| finance respite care
grants awarded under Section 6 of this | 10 |
| Act, and may
shall also
seek and obtain
other non-state | 11 |
| resources for which the State may be eligible.
Implementation
| 12 |
| of projects under this Act shall be contingent upon the | 13 |
| availability of federal
financial participation. To the extent | 14 |
| necessary for implementation of this
Act, The Department may
| 15 |
| shall seek appropriate waivers of federal
requirements from
the | 16 |
| U.S. Department of Health and Human Services.
| 17 |
| (Source: P.A. 87-974.)
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| (320 ILCS 10/11) (from Ch. 23, par. 6211)
| 19 |
| Sec. 11. Respite Care Worker Training.
| 20 |
| (a) A respite care worker shall be an appropriately trained
| 21 |
| individual whose duty it is to provide in-home supervision and | 22 |
| assistance to a
frail or abused or functionally disabled or | 23 |
| cognitively impaired
older
adult in order to allow the primary
| 24 |
| care-giver a break from his or her
continuous care-giving | 25 |
| responsibilities.
| 26 |
| (b) The Director may prescribe minimum training guidelines
| 27 |
| standards
for respite
care workers to ensure that the special | 28 |
| needs of persons receiving services
under this Act and their | 29 |
| primary caregivers will be met. The Director may
designate | 30 |
| Alzheimer's disease associations and community agencies to
| 31 |
| conduct such training. Nothing in this Act should be construed | 32 |
| to exempt
any individual providing a service subject to | 33 |
| licensure or certification
under State law from these | 34 |
| requirements.
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HB6706 Enrolled |
- 13 - |
LRB093 18060 DRJ 43747 b |
|
| 1 |
| (Source: P.A. 87-974.)
| 2 |
| (320 ILCS 10/12) (from Ch. 23, par. 6212)
| 3 |
| Sec. 12. Annual Report. The Director shall submit a report | 4 |
| each year
to the Governor and the General Assembly detailing | 5 |
| the progress of the
respite care services provided
programs | 6 |
| established under this Act. The report shall include:
| 7 |
| (a) a financial report for each program;
| 8 |
| (b) a qualitative and quantitative profile of sponsors, | 9 |
| providers,
care-givers and recipients participating in the | 10 |
| program;
| 11 |
| (c) a comparative assessment of the costs and effectiveness | 12 |
| of each
service or combination of services provided;
| 13 |
| (d) an assessment of the nature and extent of the demand | 14 |
| for services; and
| 15 |
| (e) an evaluation of the success of programs receiving | 16 |
| grants for
services.
| 17 |
| (Source: P.A. 87-974.)
| 18 |
| (320 ILCS 10/7 rep.)
| 19 |
| (320 ILCS 10/9 rep.)
| 20 |
| (320 ILCS 10/10 rep.)
| 21 |
| Section 91. The Respite Program Act is amended by repealing | 22 |
| Sections 7, 9,
and
10.
| 23 |
| Section 99. Effective date. This Act takes effect on July | 24 |
| 1, 2004.
|
|