State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the  Respite  Program Act by changing
 2    Sections 2, 3, 6, 7, 8, and 12.

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

 5        Section  5.   The  Respite  Program  Act  is  amended  by
 6    changing Sections 2, 3, 6, 7, 8, and 12 as follows:

 7        (320 ILCS 10/2) (from Ch. 23, par. 6202)
 8        Sec. 2.  Definitions.  As used in this Act:
 9        (1)  "Respite  care"  means the provision of intermittent
10    and temporary substitute care  or  supervision  of  frail  or
11    abused or functionally disabled or cognitively impaired older
12    adults  on  behalf  of  and  in  the  absence  of the primary
13    care-giver, for the purpose  of  providing  relief  from  the
14    stress   or   responsibilities   concomitant  with  providing
15    constant care, so as to enable the care-giver to continue the
16    provision of care  in  the  home.   Respite  care  should  be
17    available  to  sustain  the primary care-giver throughout the
18    period of care-giving, which can vary from several months  to
19    a  number of years. Respite care can be provided in the home,
20    in a  community  based  day  care  setting  during  the  day,
21    overnight,  or  for  more  extended  periods  of  time  on  a
22    temporary basis.
23        (2)  "Care-giver"  shall  mean the family member or other
24    natural person  who  normally  provides  the  daily  care  or
25    supervision  of  a  frail,  abused or disabled elderly adult.
26    Such care-giver  may,  but  need  not,  reside  in  the  same
27    household as the frail or disabled adult.
28        (3)  "Provider"  shall  mean  any  entity  enumerated  in
29    paragraph  (1)  of  this  Section  which  is  the supplier of
30    services providing respite.
31        (4)  "Sponsor" shall mean the provider, public agency  or
                            -2-               LRB9110409DJcdA
 1    community  group approved by the Director which establishes a
 2    contractual relationship with the Department for the purposes
 3    of providing services to persons under this Act, and which is
 4    responsible   for   the   recruitment   of   providers,   the
 5    coordination and arrangement of provider services in a manner
 6    which meets client needs,  the  general  supervision  of  the
 7    local project program, and the submission of such information
 8    or reports as may be required by the Director.
 9        (5)  "Director" shall mean the Director on Aging.
10        (6)  "Department" shall mean the Department on Aging.
11        (7)  "Abused"  shall have the same meaning ascribed to it
12    in Section 103 of the Illinois Domestic Violence Act of 1986.
13        (8)  "Frail or Disabled  Adult"  shall  mean  any  person
14    suffering from Alzheimer's disease and who is 55 years of age
15    or older or any adult 60 years of age or older, who is unable
16    to attend to his or her daily needs without the assistance or
17    regular supervision of a care-giver due to mental or physical
18    impairment  and who is otherwise eligible for services on the
19    basis of his level of impairment.
20        (9)  "Emergency  respite  care"   means   the   immediate
21    placement  of  a  trained, in-home respite care worker in the
22    home during an emergency or unplanned event to substitute for
23    the  primary  care-giver.   Emergency  respite  care  may  be
24    provided in the home on  one  or  more  occasions  unless  an
25    extension  is deemed necessary by the case coordination unit.
26    When there is an urgent  need  for  emergency  respite  care,
27    procedures  to  accommodate this need must be determined.  An
28    emergency is:
29             (a)  An  unplanned  event  that   results   in   the
30        immediate   and   unavoidable   absence  of  the  primary
31        care-giver from the home in an excess of  4  hours  at  a
32        time when no other qualified care-giver is available.
33             (b)  An   unplanned   situation  that  prevents  the
34        primary care-giver from providing the care required by  a
                            -3-               LRB9110409DJcdA
 1        frail  or  abused or functionally disabled or cognitively
 2        impaired adult living at home.
 3             (c)  An unplanned event that  threatens  the  health
 4        and safety of the disabled adult.
 5             (d)  An  unplanned  event  that threatens the health
 6        and safety of the primary care-giver thereby placing  the
 7        frail  or  abused or functionally disabled or cognitively
 8        impaired older adult in danger.
 9        (10)  "Primary care-giver" means the spouse, relative, or
10    friend, 18 years of age or  older,  who  provides  the  daily
11    in-home  care  and  supervision  of  a  frail  or  abused  or
12    functionally disabled or cognitively impaired older adult.  A
13    primary  care-giver  may, but does not need to, reside in the
14    same  household  as  the  frail  or  abused  or  functionally
15    disabled or cognitively impaired adult. A primary  care-giver
16    requires  intermittent relief from their caregiving duties to
17    continue to function as the primary care-giver.
18    (Source: P.A. 91-357, eff. 7-29-99.)

19        (320 ILCS 10/3) (from Ch. 23, par. 6203)
20        Sec. 3.  Respite Program.  By July 1, 2001, the  Director
21    shall  is  hereby  authorized  to  establish respite projects
22    throughout the State for the purposes of providing  care  and
23    assistance   to   persons   in   need   and   to   deter  the
24    institutionalization of frail  or  disabled  or  functionally
25    disabled or cognitively impaired adults.
26    (Source: P.A. 87-974.)

27        (320 ILCS 10/6) (from Ch. 23, par. 6206)
28        Sec.  6.  Responsibilities.   The  following requirements
29    shall apply for any projects authorized under  Section  3  of
30    this Act:
31        (a)  The  Director  shall  establish target areas needing
32    respite care services.
                            -4-               LRB9110409DJcdA
 1        (b)  The Director shall publicize the existence  of,  and
 2    make  available,  application  forms  for sponsors seeking to
 3    establish a respite project program.
 4        (c)  The application forms shall  require  the  following
 5    information  and  any  other  information  the Director deems
 6    necessary.
 7             (1)  Identity and qualifications of a sponsor.
 8             (2)  Identity and qualifications of a provider and a
 9        plan for the coordination of services.
10             (3)  An assessment of the  community  need,  support
11        and  participation  for respite services.  The assessment
12        shall include documentation.
13             (4)  Plans for the coordination and  arrangement  of
14        provider services in a manner that meets client needs.
15             (5)  A  fiscal  plan,  including specific provisions
16        for the utilization of existing reimbursement and funding
17        sources and the development of local financial support.
18             (6)  Plans  for  publicizing  the  purpose  of   the
19        project and the services to be provided.
20             (7)  Certification  of licensure or certification of
21        any individual, agency  or  family  providing  a  service
22        subject to licensure, or certification under State law.
23        (d)  The   Director   shall   review  and  evaluate  each
24    application and  present  each  application  for  review  and
25    evaluation  by the Council on Aging established under Section
26    7 of the Illinois Act on the  Aging.   The  Council  and  the
27    Department shall approve a number of applications and, within
28    the  amounts  appropriated, award grants for the operation of
29    respite projects programs.
30        (e)  The application approved by  the  Director  and  the
31    Council  on  Aging shall be the service plan of the provider.
32    The  Director    shall  ensure  that  each  service  plan  is
33    coordinated with the designated area agency provided  for  in
34    Sections  3.07 and 3.08 of the Illinois Act on the Aging, the
                            -5-               LRB9110409DJcdA
 1    local public  health  authority,  and  any  other  public  or
 2    private  service provider to ensure that every effort will be
 3    made  to  utilize  existing  funding  sources   and   service
 4    providers and to avoid unnecessary duplication of services.
 5    (Source: P.A. 87-974.)

 6        (320 ILCS 10/7) (from Ch. 23, par. 6207)
 7        Sec.   7.  Program  priorities.   The  Director  and  the
 8    Council on  Aging  may  give  priority  to  respite  projects
 9    programs   operating   before  the  effective  date  of  this
10    amendatory Act of 1992.   Consideration  shall  be  given  to
11    proposals that:
12        (a)  develop new or expand existing respite care projects
13    programs to areas that are currently unserved or underserved;
14        (b)  provide  for respite care projects programs in areas
15    of the State  that  are  currently  without  community  based
16    services;
17        (c)  provide   services   that   are  responsive  to  the
18    individual's needs and circumstances in a targeted area.
19    (Source: P.A. 87-974.)

20        (320 ILCS 10/8) (from Ch. 23, par. 6208)
21        Sec. 8. Funding.  Respite projects authorized under  this
22    Act   shall  be  funded  only  to  the  extent  of  available
23    appropriations for such purposes, which may include, but  are
24    not  limited  to,  appropriations from the Tobacco Settlement
25    Recovery Fund.  The Director shall seek  and  obtain  federal
26    funds  that  may be available to finance grants awarded under
27    Section 6 of this Act, and shall also seek and  obtain  other
28    non-state  resources  for  which  the  State may be eligible.
29    Implementation of projects under this Act shall be contingent
30    upon the availability of federal financial participation.  To
31    the extent necessary for  implementation  of  this  Act,  the
32    Department   shall   seek   appropriate  waivers  of  federal
                            -6-               LRB9110409DJcdA
 1    requirements from the U.S. Department  of  Health  and  Human
 2    Services.
 3    (Source: P.A. 87-974.)

 4        (320 ILCS 10/12) (from Ch. 23, par. 6212)
 5        Sec.  12.  Annual  Report.   The  Director shall submit a
 6    report by January 1 of each year  to  the  Governor  and  the
 7    General  Assembly  detailing  the  progress  of  the  respite
 8    projects  programs  established  under  this Act.  The report
 9    shall include:
10        (a)  a financial report for each project program;
11        (b)  a qualitative and quantitative profile of  sponsors,
12    providers,  care-givers  and  recipients participating in the
13    project program;
14        (c)  a  comparative   assessment   of   the   costs   and
15    effectiveness  of  each  service  or  combination of services
16    provided;
17        (d)  an assessment of the nature and extent of the demand
18    for services; and
19        (e)  an evaluation of the success  of  projects  programs
20    receiving grants for services.
21    (Source: P.A. 87-974.)

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