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Public Act 102-0885


 

Public Act 0885 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0885
 
SB3490 EnrolledLRB102 23345 KTG 32511 b

    AN ACT concerning LGBTQ older adults.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Act on the Aging is amended by
changing Sections 3, 7.01, and 7.09 and by adding Sections
3.12, 3.13, 8.10, 8.11, and 8.12 as follows:
 
    (20 ILCS 105/3)  (from Ch. 23, par. 6103)
    Sec. 3. As used in this Act, unless the context otherwise
requires, the terms specified in Sections 3.01 through 3.13
3.11 have the meanings ascribed to them in those Sections.
(Source: P.A. 101-325, eff. 8-9-19.)
 
    (20 ILCS 105/3.12 new)
    Sec. 3.12. "Commission" means the Illinois Commission on
LGBTQ Aging.
 
    (20 ILCS 105/3.13 new)
    Sec. 3.13. "LGBTQ older adults" means adults 55 years of
age or older who are lesbian, gay, bisexual, transgender,
intersex, gender non-conforming, Two-Spirit, non-binary,
same-gender-loving, queer, or any other diverse sexual
orientation or gender identity.
 
    (20 ILCS 105/7.01)  (from Ch. 23, par. 6107.01)
    Sec. 7.01. The Council shall consist of 31 voting members,
including: two Senators appointed by the President of the
Senate; two Senators appointed by the Senate Minority Leader;
two Representatives appointed by the Speaker of the House of
Representatives; two Representatives appointed by the House
Minority Leader; and twenty three citizen members, at least
sixteen of whom shall be senior citizens. Of the citizen
members, at least 7 shall represent underrepresented
communities as follows:
        (1) one member who is a lesbian, gay, bisexual, or
    queer individual;
        (2) one member who is a transgender or
    gender-expansive individual;
        (3) one member who is a person living with HIV;
        (4) one member who is an African-American or Black
    individual;
        (5) one member who is a Hispanic or Latino individual;
        (6) one member who is an Asian-American or Pacific
    Islander individual; and
        (7) one member who is an ethnically diverse
    individual.
(Source: P.A. 78-242.)
 
    (20 ILCS 105/7.09)  (from Ch. 23, par. 6107.09)
    Sec. 7.09. The Council shall have the following powers and
duties:
        (1) review and comment upon reports of the Department
    to the Governor and the General Assembly;
        (2) prepare and submit to the Governor, the General
    Assembly and the Director an annual report evaluating the
    level and quality of all programs, services and facilities
    provided to the aging by State agencies;
        (3) review and comment upon the comprehensive state
    plan prepared by the Department;
        (4) review and comment upon disbursements by the
    Department of public funds to private agencies;
        (5) recommend candidates to the Governor for
    appointment as Director of the Department;
        (6) consult with the Director regarding the operations
    of the Department; and .
        (7) review and support implementation of the
    Commission's recommendations as identified in the
    Commission's Second Report, which shall be issued no later
    than March 30, 2025.
    The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
 
    (20 ILCS 105/8.10 new)
    Sec. 8.10. The Illinois Commission on LGBTQ Aging.
    (a) Commission purpose. The Commission is created to
investigate, analyze, and study the health, housing,
financial, psychosocial, home-and-community-based services,
assisted living, and long-term care needs of LGBTQ older
adults and their caregivers. The Commission shall make
recommendations to improve access to benefits, services, and
supports for LGBTQ older adults and their caregivers. The
Commission, in formulating its recommendations, shall take
into account the best policies and practices in other states
and jurisdictions. Specifically, the Commission shall:
        (1) Examine the impact of State and local laws,
    policies, and regulations on LGBTQ older adults and make
    recommendations to ensure equitable access, treatment,
    care and benefits, and overall quality of life.
        (2) Examine best practices for increasing access,
    reducing isolation, preventing abuse and exploitation,
    promoting independence and self-determination,
    strengthening caregiving, eliminating disparities, and
    improving overall quality of life for LGBTQ older adults.
        (3) Examine the impact of race, ethnicity, sex
    assigned at birth, socioeconomic status, disability,
    sexual orientation, gender identity, and other
    characteristics on access to services for LGBTQ older
    adults and make recommendations to ensure equitable
    access, treatment, care, and benefits and overall quality
    of life.
        (4) Examine the experiences and needs of LGBTQ older
    adults living with HIV/AIDS and make recommendations to
    ensure equitable access, treatment, care, benefits, and
    overall quality of life.
        (5) Examine strategies to increase provider awareness
    of the needs of LGBTQ older adults and their caregivers
    and to improve the competence of and access to treatment,
    services, and ongoing care, including preventive care.
        (6) Examine the feasibility of developing statewide
    training curricula to improve provider competency in the
    delivery of culturally responsive health, housing, and
    long-term support services to LGBTQ older adults and their
    caregivers.
        (7) Assess the funding and programming needed to
    enhance services to the growing population of LGBTQ older
    adults.
        (8) Examine whether certain policies and practices, or
    the absence thereof, promote the premature admission of
    LGBTQ older adults to institutional care, and examine
    whether potential cost-savings exist for LGBTQ older
    adults as a result of providing lower cost and culturally
    responsive home and community-based alternatives to
    institutional care.
        (9) Examine outreach protocols to reduce apprehension
    among LGBTQ older adults and caregivers of utilizing
    mainstream providers.
        (10) Evaluate the implementation status of Public Act
    101-325.
        (11) Evaluate the implementation status of Public Act
    102-543, examine statewide strategies for the collection
    of sexual orientation and gender identity data and the
    impact of these strategies on the provision of services to
    LGBTQ older adults, and conduct a statewide survey
    designed to approximate the number of LGBTQ older adults
    in the State and collect demographic information (if
    resources allow for the implementation of a survey
    instrument).
    (b) Commission members.
        (1) The Commission shall include at least all of the
    following persons who must be appointed by the Governor
    within 60 days after the effective date of this amendatory
    Act of the 102nd General Assembly:
            (A) one member from a statewide organization that
        advocates for older adults;
            (B) one member from a national organization that
        advocates for LGBTQ older adults;
            (C) one member from a community-based, multi-site
        healthcare organization founded to serve LGBTQ people;
            (D) the director of senior services from a
        community center serving LGBTQ people, or the
        director's designee;
            (E) one member from an HIV/AIDS service
        organization;
            (F) one member from an organization that is a
        project incubator and think tank that is focused on
        action that leads to improved outcomes and
        opportunities for LGBTQ communities;
            (G) one member from a labor organization that
        provides care and services for older adults in
        long-term care facilities;
            (H) one member from a statewide association
        representing long-term care facilities;
            (I) 5 members from organizations that serve Black,
        Asian-American, Pacific Islander, Indigenous, or
        Latinx LGBTQ people;
            (J) one member from a statewide organization for
        people with disabilities; and
            (K) 10 LGBTQ older adults, including at least:
                (i) 3 members who are transgender or
            gender-expansive individuals;
                (ii) 2 members who are older adults living
            with HIV;
                (iii) one member who is Two-Spirit;
                (iv) one member who is an African-American or
            Black individual;
                (v) one member who is a Latinx individual;
                (vi) one member who is an Asian-American or
            Pacific Islander individual; and
                (vii) one member who is an ethnically diverse
            individual.
        (2) The following State agencies shall each designate
    one representative to serve as an ex officio member of the
    Commission: the Department, the Department of Public
    Health, the Department of Human Services, the Department
    of Healthcare and Family Services, and the Department of
    Veterans' Affairs.
        (3) Appointing authorities shall ensure, to the
    maximum extent practicable, that the Commission is diverse
    with respect to race, ethnicity, age, sexual orientation,
    gender identity, gender expression, and geography.
        (4) Members of the Commission shall serve until this
    Section is repealed. Members shall continue to serve until
    their successors are appointed. Any vacancy shall be
    filled by the appointing authority. Any vacancy occurring
    other than by the dissolution of the Commission shall be
    filled for the balance of the unexpired term. Members of
    the Commission shall serve without compensation but shall
    be reimbursed for expenses necessarily incurred in the
    performance of their duties.
    (c) Commission organization. The Commission shall provide
for its organization and procedure, including selection of the
chairperson and vice-chairperson. A majority of the Commission
shall constitute a quorum for the transaction of business.
Administrative and other support for the Commission shall be
provided by the Department. Any State agency under the
jurisdiction of the Governor shall provide testimony and
information as directed by the Commission.
    (d) Meetings and reports. The Commission shall:
        (1) Hold at least one public meeting per quarter.
    Public meetings may be virtually conducted.
        (2) No later than March 30, 2023, submit a First
    Report to the Illinois General Assembly that contains
    findings and recommendations, including any recommended
    legislation. The First Report shall be made available to
    the public on the Department's publicly accessible
    website.
        (3) No later than March 30, 2025, submit a Second
    Report in the same manner as the First Report, containing
    updates to the findings and recommendations contained in
    the First Report. The Second Report shall be made
    available to the public on the Department's publicly
    accessible website.
    The Department and Commission may collaborate with an
institution of higher education in Illinois to compile the
First Report and Second Report.
    (e) This Section is repealed 3 years after the effective
date of this amendatory Act of the 102nd General Assembly.
 
    (20 ILCS 105/8.11 new)
    Sec. 8.11. LGBTQ Older Adult Advocate.
    (a) The Director shall designate an LGBTQ Older Adult
Advocate to discharge the requirements of this Section. The
LGBTQ Older Adult Advocate shall have the powers delegated to
them by the Department, in addition to the powers set forth in
this Section.
    (b) The LGBTQ Older Adult Advocate shall:
        (1) advocate for LGBTQ older adults and older adults
    living with HIV who experience barriers to accessing and
    utilizing services;
        (2) ensure the needs and perspectives of LGBTQ older
    adults and older adults living with HIV are included and
    incorporated in the Department's decision-making and
    policymaking processes and throughout the Department's
    operations and programs;
        (3) recommend to and assist providers and the public
    with identifying how best to serve and affirm LGBTQ older
    adults and older adults living with HIV;
        (4) administer and oversee the curriculum and training
    program established by Section 8.12 of this Act;
        (5) support LGBTQ older adults and older adults living
    with HIV with information about their civil rights and
    ability to access federal, State, and local aging services
    and benefits; and
        (6) support the work and policy recommendations of the
    Commission on LGBTQ Aging, the Council on Aging, and the
    State Plan on Aging.
    (c) In meeting the requirements of this Section, the LGBTQ
Older Adult Advocate shall collaborate with organizations or
individuals that affirm LGBTQ older adults and older adults
living with HIV and have recognized expertise in identifying
and addressing the legal and social challenges faced by LGBTQ
older adults and older adults living with HIV.
    (d) The Department shall maintain information about the
LGBTQ Older Adult Advocate, including contact information, on
the Department's publicly accessible website.
    (e) The Department may adopt rules for the administration,
implementation, and enforcement of this Section.
 
    (20 ILCS 105/8.12 new)
    Sec. 8.12. LGBTQ Older Adult Curriculum and Training
Program.
    (a) All providers of services who contract with or receive
funding from the Department shall complete a curriculum and
training program on the prevention and elimination of
discrimination based on sexual orientation, gender identity,
and gender expression and on providing affirming care and
improving access to services for LGBTQ older adults, older
adults living with HIV, and their caregivers. The curriculum
and training program must be completed by all employees of
each provider as well as the employees of the provider's
subgrantees and vendors. Providers shall complete training in
accordance with the Department's established training
requirements. Providers must maintain records of when each
employee completes the curriculum and training program. Such
proof of completion shall be made available to the Department
upon its request.
    (b) The Department may develop the curriculum and training
program or may contract with organizations or individuals to
provide their curriculum and training program. Such
organizations or individuals must affirm LGBTQ older adults
and older adults living with HIV and have recognized expertise
in identifying and addressing the legal and social challenges
faced by LGBTQ older adults and older adults living with HIV.
If the Department develops its own curriculum and training
program, the Department shall collaborate on developing the
program with individuals and organizations that affirm LGBTQ
older adults and older adults living with HIV and have
recognized expertise in identifying and addressing the legal
and social challenges faced by LGBTQ older adults and older
adults living with HIV. At a minimum, the curriculum and
training program required by this Section must address the
following:
        (1) definitions of common terms and examples
    associated with sexual orientation, gender identity, and
    gender expression;
        (2) affirming methods of communicating with or about
    LGBTQ older adults and older adults living with HIV;
        (3) the health and social challenges historically
    faced by LGBTQ older adults and older adults living with
    HIV;
        (4) the importance of professionalism by providers and
    the way caretaker attitudes affect access to care,
    services, participation, and overall physical and mental
    health outcomes;
        (5) methods to create a safe and affirming environment
    and the penalties for failing to meet legal and
    professional standards; and
        (6) legal issues relating to LGBTQ older adults and
    older adults living with HIV, including, but not limited
    to, civil rights and marriage laws.
    (c) The curriculum and training program established in
accordance with this Section shall be implemented by the
Department within 12 months after the effective date of this
amendatory Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/16/2022