HB4810 93RD GENERAL ASSEMBLY

LRB093 20784 RAS 46699 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4810

Introduced 02/04/04, by Suzanne Bassi, Brandon W. Phelps, Mike Bost, Kevin Joyce

SYNOPSIS AS INTRODUCED:

20 ILCS 105/4.02b

from Ch. 23, par. 6104.02b

Amends the Illinois Act on the Aging. Provides that all community-based residential facilities funded by the Illinois Department on Aging and 50% of the unexpended and unobligated funds appropriated to cover their expenses for fiscal year 2004 shall be transferred to the Department of Public Aid's Supported Living Facilities program, in addition to any federal matching funds that become available as a result of the transfer. Provides that the remaining 50% of the unexpended and unobligated funds appropriated for fiscal year 2004 shall be transferred to the Department of Public Health to specifically support the Assisted Living and Shared Housing Licensure Act. Provides that the subsection concerning the transfer is repealed on January 1, 2005. Deletes language terminating a demonstration project. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning aging.

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 Section 4.02b as follows:

(20 ILCS 105/4.02b) (from Ch. 23, par. 6104.02b)

Sec. 4.02b. Community based residential facilities.

(a) The Department may develop criteria for no more than 3 projects to participate in a supported congregate living arrangement demonstration. No other projects may be added to the demonstration unless one of the projects previously approved by the Department and the Illinois Department of Public Health withdraws or is terminated from the demonstration. Each project may serve a maximum of 60 clients, except that one project may be increased to serve a maximum of 175 clients upon approval by the Department and the Illinois Department of Public Health. The demonstration may include the use of community-based, multi-day residential facilities. Clients may be served long-term or short-term as a means of relieving family caregivers. Management of these projects may offer or contract for such services to preclude the need for nursing home care; however, projects shall not provide sheltered care, or other nursing home care as defined in the Nursing Home Care Act, unless a wavier is obtained pursuant to Section 3-102.2 of that Act.

Supported congregate living arrangements must apply to the Department for participation in the demonstration project. The Department shall develop, in consultation with the Illinois Department of Public Health, criteria for participation in the project. A project shall have one year from the date of approval to become operational. One project must involve the conversion of an existing licensed long-term care facility or portion thereof. If no existing facility applies within one year after the Department begins to accept applications for the pilot project, the Department may select an alternate project that does not involve the conversion of an existing facility. During the period of operation of the demonstration project, the existing licensed beds shall remain licensed as long-term care beds. At the conclusion of the demonstration project, the beds may revert to long-term care or the facility may choose to seek appropriate approval to continue to operate as an assisted living facility or a similar program as established by law. Upon approval of an application, the Department and the applicant shall submit a joint waiver request to the Department of Public Health pursuant to Section 3-102.2 of the Nursing Home Care Act. If the Department does not act upon an application within 60 days, the applicant may file a written waiver request on its own behalf.

The Department shall promulgate rules and provide oversight for the project. The Department of Public Aid and the Department of Public Health may offer advice and assistance as needed.

The project may be funded through the Department's community care program appropriations that may include medicaid waiver funds available through the Department of Public Aid.

The Department shall report annually to the General Assembly by January 1 upon its activities under this Section.

The demonstration project shall terminate when an assisted living or similar client focused residential program is established by law or on June 30, 2001, whichever is earlier.

(b) All community based residential facilities funded by the Illinois Department on Aging and 50% of unexpended and unobligated funds appropriated to cover their expenses for fiscal year 2004 shall be transferred to the Department of Public Aid's Supported Living Facilities program, in addition to any federal matching funds that become available as a result of this transfer. The remaining 50% of unexpended and unobligated funds appropriated for fiscal year 2004 shall be transferred to the Department of Public Health to specifically support the Assisted Living and Shared Housing Licensure Act. The Department on Aging and the Department of Public Aid shall work cooperatively to effectuate a smooth transition. Any facility requirements contained in either statute or administrative rules that would impede this transition are waived. This subsection (b) is repealed on January 1, 2005.

(Source: P.A. 89-530, eff. 7-19-96.)

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