HB1222ham002 103RD GENERAL ASSEMBLY

Rep. Maurice A. West, II

Filed: 5/8/2023

10300HB1222ham002 LRB103 05815 KTG 61385 a

AMENDMENT TO HOUSE BILL 1222

AMENDMENT NO. ______. Amend House Bill 1222 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Home Modification Program Act.

Section 5. Findings. The General Assembly finds and declares the following:

(1) The national average monthly cost for a private nursing home room in 2020 was $8,821 ($105,852 annually). Home modifications paired with other resources can allow individuals to remain in their homes at a lower overall expense.

(2) According to an AARP study, 90% of people age 65 and over would prefer to stay in their own homes as they get older and not go to a nursing home or assisted living facility.

(3) On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C., 119 S. Ct. 2176 (1999), that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the Americans with Disabilities Act. At the heart of its decision were 2 concepts. First, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life". Second, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment".

(4) The United States has roughly 1,200,000 adults in nursing homes and over 360,000 people in psychiatric and other 24-hour care institutions across the country, and waiting lists for housing subsidies across the country average over 2,000 households per list and have a median of 1.5 years, and up to 7-year waits in some areas.

(5) There is an estimated shortage of 7,000,000 affordable housing units and less than 5% of the units that do exist fit access standards for individuals with moderate mobility needs. In Chicago, less than 1% of units are accessible.

(6) With a growing shortage of nurses and caregivers, home modifications can reduce the need for home support and alleviate stress on the health care system.

(7) According to a report released in 2021 by the U.S. Census Bureau, nearly 3,900,000 veterans receive disability compensation payments. These veterans have sacrificed in service to their country and for the defense of our freedoms. Home modifications will help Illinois veterans to regain and maintain their own freedom to utilize their homes and access the world around them.

(8) Current grant recipients of home modifications funding have not had access to the expertise needed to effectively provide resources and or services for people with disabilities. Centers for independent living possess the expertise to provide knowledgeable guidance to assist people with disabilities with home modifications through accessibility audits of current or prospective homes to guarantee equal opportunity to live in the community.

Section 10. Purpose. The purpose of this Act is to establish a home modification funding system that is streamlined, effective, and administered by experts within the disability community.

Section 15. Definitions. As used in this Act:

"Department" means the Department of Human Services.

"Disability" means, with respect to an individual:

(1) a physical or mental impairment that substantially limits one or more major life activities of the individual;

(2) a record of such an impairment; or

(3) being regarded as having such an impairment. An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under the Americans with Disabilities Act of 1990 because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

"Home modification" means any change to the structure of a residential home or property to create barrier free living, provide access to and from the home, create universal design, or avoid institutionalized or congregate placement for persons with a disability.

"Older adult" means any person 60 years of age or older.

"Universal design" means any dwelling unit designed and constructed that is safe and accessible for everyone, regardless of age, physical ability, or stature.

Section 20. Home Modification Program. Subject to the availability of appropriations in an amount sufficient to implement and administer the provisions of this Act, the Department shall establish a Home Modification Program to provide financial assistance to persons with disabilities for home modification projects. The Department shall designate a statewide association that represents centers for independent living to serve as the lead agency to administer the program. The Department shall provide funding to the lead agency for the program. The lead agency shall distribute any moneys it receives from the Department to the State's 22 centers for independent living, covering all 102 counties. The lead agency shall ensure that each center for independent living has access to at least $105,000 to use for home modification projects, with the excess funds subject to reallocation during the 4th fiscal quarter of each year.

Section 25. Home modification standards and qualifications.

(a) To qualify for financial assistance under the Home Modification Program, an applicant must meet the following requirements:

(1) Be a resident of the State of Illinois.

(2) Be a person with a disability as defined in Section 15. An older adult or veteran who has a disability as defined in Section 15 meets this requirement.

(3) Have proof of disability from an agency other than a center for independent living when a disability is not obvious or readily apparent.

(4) Be a homeowner or a residential tenant who has obtained the permission of his or her landlord to make the home modification. If a tenant and landlord agree to the home modification, both parties must sign off on final approval, as well as sign a statement of non-fraudulent intent.

(5) Have income that does not exceed 200% of area median income.

(6) Have not applied for, and been found to be currently eligible for, a separate home modification program or separate substantially similar services administered, coordinated, or provided by the Department and its divisions. Nothing in this paragraph requires a qualified applicant to apply for services through the Department and its divisions.

(b) Assessment.

(1) An applicant's home must undergo a thorough assessment by a trained center for independent living staff member. The staff member shall make a written report of the results of the assessment.

(2) The lead agency shall establish a Home Modification Subcommittee of experienced center for independent living staff to provide additional oversight, including, but not limited to:

(A) Reviewing the submitted assessment report and bid for at least the first 3 home modification requests from a center for independent living or when new staff is hired.

(B) Reviewing any request for more than $35,000.

(c) Contractors.

(1) When selecting a contractor, a center for independent living must seek bids from at least 2 contractors, choosing the lowest responsible bidder.

(2) All contractors must be licensed, where applicable, insured, and follow all local, State, and federal requirements, including the requirements under the Illinois Accessibility Code.

Section 30. Administration of home modification funds. The lead agency shall receive an administrative fee of 3% from all moneys that are passed through the lead agency for the purpose of the Home Modification Program.".