093_HB3118

 
                                     LRB093 07284 DRJ 07443 b

 1        AN ACT in relation to aging.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Lifespan Respite Program  Act.

 6        Section  5.  Legislative  intent.  The  Lifespan  Respite
 7    Program is designed to  provide  funding  for  caregivers  to
 8    purchase  respite  services.   Respite  is  a service that is
 9    designed to give caregivers  a  break  from  the  demands  of
10    providing  ongoing  care  for  another  individual. The basic
11    intent of respite is to:
12             (1)  Prevent or postpone out-of-home placements.
13             (2)  Reduce family and caregiver stress.
14             (3)  Enhance  the  family  and  caregiver's   coping
15        abilities.
16             (4)  Strengthen  the  family and caregiver's ability
17        to meet the challenging  demands  of  caring  for  family
18        members.
19             (5)  Reduce   the   risk  of  abuse  or  neglect  of
20        children, the elderly, and other vulnerable groups.

21        Section 10.  Definitions. In this Act:
22        "Caregiver" means  a  friend,  family  member,  or  legal
23    guardian  residing  with    and providing ongoing care for an
24    individual unable to care for himself or herself.
25        "Client" means an individual who has  been  referred  to,
26    has  applied  for, or has  been authorized to receive respite
27    services through the program.
28        "Department" means the Department on Aging.
29        "Ongoing care" means continuous, full-time supervision or
30    care for a person  with special needs.
 
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 1        "Program" means the Lifespan Respite Program.
 2        "Reside", when used with reference to a caregiver,  means
 3    that  the caregiver  lives with the person with special needs
 4    in the same house or apartment.
 5        "Respite" means the provision, to primary caregivers,  of
 6    short-term  relief  from   the demands of ongoing care for an
 7    individual with special needs.
 8        "Special needs", when used with reference  to  a  person,
 9    means  a  person  of    any  age with needs resulting from an
10    emotional,  behavioral,   cognitive,   physical,   or   other
11    condition  that  necessitates receipt of care or  supervision
12    in order to meet the person's basic needs or to prevent  harm
13    from  occurring  to the person. These conditions include, but
14    are not  limited  to:  (1)  developmental  disabilities;  (2)
15    physical    disabilities;  (3) chronic illness; (4) physical,
16    mental or  emotional  conditions  that  require  supervision;
17    (5)  special  health  care  needs; (6) cognitive impairments;
18    and (7) situations in which a high risk  of abuse or  neglect
19    exists.
20        "Vulnerable",  when  used  with respect to an individual,
21    means an individual  who is susceptible  to  physical  injury
22    due to a substantial mental or functional impairment.
23        "Waiting   list"   means   a  list  of  applications  for
24    individuals who cannot  receive    benefits  due  to  limited
25    funding availability.

26        Section 15.  Department's responsibilities.
27        (a)  The  Department shall establish a statewide Lifespan
28    Respite Program, to  be administered through at least 6 local
29    offices. Each  local  office  shall  do  the    following  in
30    administering the program:
31             (1)  Assess  the  specific need for respite services
32        in the community the office  serves and determine whether
33        enough providers exist to handle that need.
 
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 1             (2)  Conduct  marketing  targeted  toward  families,
 2        providers, and businesses to  increase awareness  of  the
 3        program and the benefits of respite care.
 4             (3)  Recruit  more  providers  of  respite services,
 5        particularly those that will  participate in the  program
 6        of medical assistance under the Illinois Public Aid Code.
 7             (4)  Develop  and  administer comprehensive training
 8        programs for caregivers, whether  they  are  professional
 9        service  providers  or  family  members  of a person with
10        special needs.
11             (5)  Conduct evaluations to determine the  program's
12        effectiveness.
13        (b)  Subject to appropriations, the Department may do the
14    following to  implement the program:
15             (1)  Determine the maximum monthly subsidy amount to
16        be paid to each  eligible person or family, which may not
17        exceed $125.
18             (2)  Determine  the number of persons or families to
19        be served  through  the    program,  based  on  available
20        funding for the program.
21             (3)  Establish waiting lists.
22             (4)  Establish   priorities   based   on  needs  and
23        population.
24             (5)  Transfer  appropriated   moneys   between   the
25        respite  service populations set  forth in subsection (c)
26        for the purpose of ensuring that all available moneys are
27        utilized.
28        (c)  The  Department  shall  allocate   program   funding
29    between the following  populations:
30             (1)  Birth through age 18.
31             (2)  Age 19 through age 59.
32             (3)  Age 60 and above.

33        Section 20.  Eligibility; status.
 
                            -4-      LRB093 07284 DRJ 07443 b
 1        (a)  Assistance  under  the  program  is  only  for those
 2    individuals not eligible  for  respite  funding  through  any
 3    other government administered respite program.
 4        (b)  To  be  eligible for assistance under the program, a
 5    person must:
 6             (1)  Reside in this State.
 7             (2)  Reside in a non-institutional setting.
 8             (3)   Have a special need.
 9             (4)  Meet the financial criteria for the program.
10        (c)  A caregiver must:
11             (1)  Be  providing  care  or  supervision   of   the
12        individual  with  special needs  without reimbursement or
13        payment.
14             (2)  Need a break from the ongoing care of a client.
15             (3)  Reside in the same home as the client.  Respite
16        is  not  a substitute to allow the caregiver to work. The
17        caregiver may maintain a separate residence but  must  be
18        residing  with  or staying with the  client on an ongoing
19        basis.

20        Section 25.  Eligibility; financial.
21        (a)  To be eligible for assistance under the  program,  a
22    person's  gross  income    minus allowable disregards must be
23    equal to or less than 312% of the poverty  guidelines updated
24    annually  in  the  Federal  Register  by  the  United  States
25    Department of Health and Human Services  under  authority  of
26    section  673(2)  of the  Omnibus Budget Reconciliation Act of
27    1981.  In determining eligibility under this  subsection, the
28    Department shall consider each of the  following  a  separate
29    family:
30             (1)  Related adults other than spouses and unrelated
31        adults who reside together.
32             (2)  Children  living  with  non-legally responsible
33        relatives.
 
                            -5-      LRB093 07284 DRJ 07443 b
 1             (3)  Emancipated minors.
 2             (4)  A minor parent.
 3             (5)  Children placed outside the home  and  who  are
 4        not  residing  full-time  with  the biological parents or
 5        usual caretaker.
 6        (b)  In determining a person's gross income for  purposes
 7    of this Act, the  Department shall exclude the following:
 8             (1)  Any  monies  received  from  Indian  or  Alaska
 9        Native Claims Commission or Court of Claims or per capita
10        payments to tribes.
11             (2)  Bank withdrawals or loans.
12             (3)  Money  received  from the sale of property such
13        as stocks, bonds, a house, or a car  (unless  the  person
14        was  engaged  in the business of selling such property in
15        which case the net proceeds would be  counted  as  income
16        from self-employment.
17             (4)  Tax   refunds,  capital  gains,  earned  income
18        credits and Advanced Earned Income Credits.
19             (5)  Lump sum payments from  any  source,  including
20        but   not  limited  to,  gifts,  inheritances,  insurance
21        payments,   child    support,    or    Social    Security
22        Administration payments.
23             (6)  The value of Food Stamps, USDA-donated foods or
24        food  commodities,  or  food  or  reimbursements received
25        under the Child Nutrition Act of  1966  or  the  National
26        School Lunch Act.
27             (7)  Funds   or   reimbursement  benefits  from  any
28        program administered by the Department.
29             (8)  Medicare premiums.
30             (9)  In-kind income.
31             (10)  Any  student  financial  assistance  including
32        work study for an undergraduate student.
33             (11)  Payments made to any individual from any claim
34        or class action suits or from any  funds  established  by
 
                            -6-      LRB093 07284 DRJ 07443 b
 1        legislative  acts  due  to  harm  from  any  act  of war,
 2        disaster, or health condition.
 3             (12)  Payments made under any program for  education
 4        or training.
 5             (13)  Earnings of a child age 18 or younger.
 6             (14)  Any payment received under the federal Uniform
 7        Relocation   Assistance  and  Real  Property  Acquisition
 8        Policies Act of 1970.
 9             (15)  Housing assistance  provided  by  Housing  and
10        Urban Development or by a local housing program.
11             (16)  Home produce used for household consumption.
12             (17)  Vendor payments of any kind, including but not
13        limited  to,  payments made by an absent parent for child
14        care, or rent.
15             (18)  Reimbursement benefits  received  to  purchase
16        items or services, such as Veterans Aide and Attendant.
17             (19)  Payments  for  services  or  reimbursement  of
18        expenses  to  volunteers  serving as foster grandparents,
19        senior health aides, or Senior Companions, Service  Corps
20        of Retired Executives (SCORE), Active Corps of Executives
21        (ACE), or any other similar program.
22        (c)  In  determining financial eligibility for assistance
23    under the program, the  Department may disregard income in an
24    amount equal to disability-related expenses that exceed those
25    incurred in households  where  no  people  with  disabilities
26    reside.  These  expenses  must  actually  be  incurred by the
27    family or client and not be paid or reimbursed by  any  other
28    source. These  expenses include but are not limited to:
29             (1)  Additional  cost  of  health insurance due to a
30        disability, for example, Comprehensive  Health  Insurance
31        Plan (CHIP) premiums.
32             (2)  Transportation   for   medical   services  (for
33        example,  an  automobile  modification  or  payment   for
34        ambulance travel if required by the disability or special
 
                            -7-      LRB093 07284 DRJ 07443 b
 1        needs).
 2             (3)  Medical   costs,   including   over-the-counter
 3        remedies related to client's special needs.
 4             (4)  Attendant care costs.
 5             (5)  Cost of special equipment.
 6             (6)  Cost of home modifications.
 7             (7)  Other  health or medical expense related to the
 8        client's special need.

 9        Section  30.  Application  for  assistance;  decision  on
10    application.
11        (a)  An applicant for assistance under the program must:
12             (1)  Submit  current  program  plans  if   currently
13        receiving support from a service  program, as requested.
14             (2)  Describe  any support received in the past from
15        any service program.
16             (3)  Report any instance  when  an  application  for
17        service was denied.
18             (4)  Apply   to   all   appropriate   resources  not
19        previously explored.
20             (5)  Accept any appropriate support offered  through
21        another program.
22        (b)  The  Department  shall  adopt rules specifying other
23    matters to be included   in  an  application  for  assistance
24    under the program.
25        (c)  The  Department  may  determine that an applicant is
26    eligible for assistance  under  the  program  but  is  to  be
27    placed on the waiting list due to insufficient funding.
28        (c)  The  Department  shall  give  each applicant written
29    notice of its decision on  the applicant's application.   The
30    Department  must  afford  each  applicant  an  opportunity to
31    request a hearing and present oral or  written  evidence,  or
32    both,  to    contest  the Department's adverse decision on an
33    application.  The Department's  decision is subject to review
 
                            -8-      LRB093 07284 DRJ 07443 b
 1    under the Administrative Review Law.

 2        Section 35. Period of eligibility.  The  Department  must
 3    review  a  recipient's    eligibility for assistance at least
 4    every 12 months.  The Department may review  a    recipient's
 5    eligibility more often if circumstances indicate to a prudent
 6    person that a review should be  conducted.

 7        Section  40.  Location  of  respite services. The program
 8    may not cover the cost of  respite  services  provided  by  a
 9    person  located  outside  this  State  unless the  Department
10    determines that the  necessary  services  are  not  available
11    within a reasonable driving distance from the client's home.

12        Section  99.  Effective  date. This Act takes effect upon
13    becoming law.