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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Older Adult Services Act is amended by | ||||||
5 | changing Section 25 as follows: | ||||||
6 | (320 ILCS 42/25)
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7 | Sec. 25. Older adult services restructuring. No later than | ||||||
8 | January 1, 2005, the Department shall commence the process of | ||||||
9 | restructuring the older adult services delivery system. | ||||||
10 | Priority shall be given to both the expansion of services and | ||||||
11 | the development of new services in priority service areas. | ||||||
12 | Subject to the availability of funding, the restructuring shall | ||||||
13 | include, but not be limited to, the following:
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14 | (1) Planning. The Department on Aging and the Departments | ||||||
15 | of Public Health and Healthcare and Family Services shall | ||||||
16 | develop a plan to restructure the State's service delivery | ||||||
17 | system for older adults pursuant to this Act no later than | ||||||
18 | September 30, 2010 . The plan shall include a schedule for the | ||||||
19 | implementation of the initiatives outlined in this Act and all | ||||||
20 | other initiatives identified by the participating agencies to | ||||||
21 | fulfill the purposes of this Act and shall protect the rights | ||||||
22 | of all older Illinoisans to services based on their health | ||||||
23 | circumstances and functioning level, regardless of whether |
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1 | they receive their care in their homes, in a community setting, | ||||||
2 | or in a residential facility . Financing for older adult | ||||||
3 | services shall be based on the principle that "money follows | ||||||
4 | the individual" taking into account individual preference, but | ||||||
5 | shall not jeopardize the health, safety, or level of care of | ||||||
6 | nursing home residents . The plan shall also identify potential | ||||||
7 | impediments to delivery system restructuring and include any | ||||||
8 | known regulatory or statutory barriers. | ||||||
9 | (2) Comprehensive case management. The Department shall | ||||||
10 | implement a statewide system of holistic comprehensive case | ||||||
11 | management. The system shall include the identification and | ||||||
12 | implementation of a universal, comprehensive assessment tool | ||||||
13 | to be used statewide to determine the level of functional, | ||||||
14 | cognitive, socialization, and financial needs of older adults. | ||||||
15 | This tool shall be supported by an electronic intake, | ||||||
16 | assessment, and care planning system linked to a central | ||||||
17 | location. "Comprehensive case management" includes services | ||||||
18 | and coordination such as (i) comprehensive assessment of the | ||||||
19 | older adult (including the physical, functional, cognitive, | ||||||
20 | psycho-social, and social needs of the individual); (ii) | ||||||
21 | development and implementation of a service plan with the older | ||||||
22 | adult to mobilize the formal and family resources and services | ||||||
23 | identified in the assessment to meet the needs of the older | ||||||
24 | adult, including coordination of the resources and services | ||||||
25 | with any other plans that exist for various formal services, | ||||||
26 | such as hospital discharge plans, and with the information and |
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1 | assistance services; (iii) coordination and monitoring of | ||||||
2 | formal and family service delivery, including coordination and | ||||||
3 | monitoring to ensure that services specified in the plan are | ||||||
4 | being provided; (iv) periodic reassessment and revision of the | ||||||
5 | status of the older adult with the older adult or, if | ||||||
6 | necessary, the older adult's designated representative; and | ||||||
7 | (v) in accordance with the wishes of the older adult, advocacy | ||||||
8 | on behalf of the older adult for needed services or resources. | ||||||
9 | (3) Coordinated point of entry. The Department shall | ||||||
10 | implement and publicize a statewide coordinated point of entry | ||||||
11 | using a uniform name, identity, logo, and toll-free number. | ||||||
12 | (4) Public web site. The Department shall develop a public | ||||||
13 | web site that provides links to available services, resources, | ||||||
14 | and reference materials concerning caregiving, diseases, and | ||||||
15 | best practices for use by professionals, older adults, and | ||||||
16 | family caregivers. | ||||||
17 | (5) Expansion of older adult services. The Department shall | ||||||
18 | expand older adult services that promote independence and | ||||||
19 | permit older adults to remain in their own homes and | ||||||
20 | communities. | ||||||
21 | (6) Consumer-directed home and community-based services. | ||||||
22 | The Department shall expand the range of service options | ||||||
23 | available to permit older adults to exercise maximum choice and | ||||||
24 | control over their care. | ||||||
25 | (7) Comprehensive delivery system. The Department shall | ||||||
26 | expand opportunities for older adults to receive services in |
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1 | systems that integrate acute and chronic care. | ||||||
2 | (8) Enhanced transition and follow-up services. The | ||||||
3 | Department shall implement a program of transition from one | ||||||
4 | residential setting to another and follow-up services, | ||||||
5 | regardless of residential setting, pursuant to rules with | ||||||
6 | respect to (i) resident eligibility, (ii) assessment of the | ||||||
7 | resident's health, cognitive, social, and financial needs, | ||||||
8 | (iii) development of transition plans, and (iv) the level of | ||||||
9 | services that must be available before transitioning a resident | ||||||
10 | from one setting to another. | ||||||
11 | (9) Family caregiver support. The Department shall develop | ||||||
12 | strategies for public and private financing of services that | ||||||
13 | supplement and support family caregivers.
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14 | (10) Quality standards and quality improvement. The | ||||||
15 | Department shall establish a core set of uniform quality | ||||||
16 | standards for all providers that focus on outcomes and take | ||||||
17 | into consideration consumer choice and satisfaction, and the | ||||||
18 | Department shall require each provider to implement a | ||||||
19 | continuous quality improvement process to address consumer | ||||||
20 | issues. The continuous quality improvement process must | ||||||
21 | benchmark performance, be person-centered and data-driven, and | ||||||
22 | focus on consumer satisfaction.
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23 | (11) Workforce. The Department shall develop strategies to | ||||||
24 | attract and retain a qualified and stable worker pool, provide | ||||||
25 | living wages and benefits, and create a work environment that | ||||||
26 | is conducive to long-term employment and career development. |
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1 | Resources such as grants, education, and promotion of career | ||||||
2 | opportunities may be used. | ||||||
3 | (12) Coordination of services. The Department shall | ||||||
4 | identify methods to better coordinate service networks to | ||||||
5 | maximize resources and minimize duplication of services and | ||||||
6 | ease of application. | ||||||
7 | (13) Barriers to services. The Department shall identify | ||||||
8 | barriers to the provision, availability, and accessibility of | ||||||
9 | services and shall implement a plan to address those barriers. | ||||||
10 | The plan shall: (i) identify barriers, including but not | ||||||
11 | limited to, statutory and regulatory complexity, reimbursement | ||||||
12 | issues, payment issues, and labor force issues; (ii) recommend | ||||||
13 | changes to State or federal laws or administrative rules or | ||||||
14 | regulations; (iii) recommend application for federal waivers | ||||||
15 | to improve efficiency and reduce cost and paperwork; (iv) | ||||||
16 | develop innovative service delivery models; and (v) recommend | ||||||
17 | application for federal or private service grants. | ||||||
18 | (14) Reimbursement and funding. The Department shall | ||||||
19 | investigate and evaluate costs and payments by defining costs | ||||||
20 | to implement a uniform, audited provider cost reporting system | ||||||
21 | to be considered by all Departments in establishing payments. | ||||||
22 | To the extent possible, multiple cost reporting mandates shall | ||||||
23 | not be imposed. | ||||||
24 | (15) Medicaid nursing home cost containment and Medicare | ||||||
25 | utilization. The Department of Healthcare and Family Services | ||||||
26 | (formerly Department of Public Aid), in collaboration with the |
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1 | Department on Aging and the Department of Public Health and in | ||||||
2 | consultation with the Advisory Committee, shall propose a plan | ||||||
3 | to contain Medicaid nursing home costs and maximize Medicare | ||||||
4 | utilization. The plan must not impair the ability of an older | ||||||
5 | adult to choose among available services. The plan shall | ||||||
6 | include, but not be limited to, (i) techniques to maximize the | ||||||
7 | use of the most cost-effective services without sacrificing | ||||||
8 | quality and (ii) methods to identify and serve older adults in | ||||||
9 | need of minimal services to remain independent, but who are | ||||||
10 | likely to develop a need for more extensive services in the | ||||||
11 | absence of those minimal services. | ||||||
12 | (16) Bed reduction. The Department of Public Health shall | ||||||
13 | implement a nursing home conversion program to reduce the | ||||||
14 | number of Medicaid-certified nursing home beds in areas with | ||||||
15 | excess beds. The Department of Healthcare and Family Services | ||||||
16 | shall investigate changes to the Medicaid nursing facility | ||||||
17 | reimbursement system in order to reduce beds. Such changes may | ||||||
18 | include, but are not limited to, incentive payments that will | ||||||
19 | enable facilities to adjust to the restructuring and expansion | ||||||
20 | of services required by the Older Adult Services Act, including | ||||||
21 | adjustments for the voluntary closure or layaway of nursing | ||||||
22 | home beds certified under Title XIX of the federal Social | ||||||
23 | Security Act. Any savings shall be reallocated to fund | ||||||
24 | home-based or community-based older adult services pursuant to | ||||||
25 | Section 20. | ||||||
26 | (17) Financing. The Department shall investigate and |
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1 | evaluate financing options for older adult services and shall | ||||||
2 | make recommendations in the report required by Section 15 | ||||||
3 | concerning the feasibility of these financing arrangements. | ||||||
4 | These arrangements shall include, but are not limited to: | ||||||
5 | (A) private long-term care insurance coverage for | ||||||
6 | older adult services; | ||||||
7 | (B) enhancement of federal long-term care financing | ||||||
8 | initiatives; | ||||||
9 | (C) employer benefit programs such as medical savings | ||||||
10 | accounts for long-term care; | ||||||
11 | (D) individual and family cost-sharing options; | ||||||
12 | (E) strategies to reduce reliance on government | ||||||
13 | programs; | ||||||
14 | (F) fraudulent asset divestiture and financial | ||||||
15 | planning prevention; and | ||||||
16 | (G) methods to supplement and support family and | ||||||
17 | community caregiving. | ||||||
18 | (18) Older Adult Services Demonstration Grants. The | ||||||
19 | Department shall implement a program of demonstration grants | ||||||
20 | that will assist in the restructuring of the older adult | ||||||
21 | services delivery system, and shall provide funding for | ||||||
22 | innovative service delivery models and system change and | ||||||
23 | integration initiatives pursuant to subsection (g) of Section | ||||||
24 | 20. | ||||||
25 | (19) Bed need methodology update. For the purposes of | ||||||
26 | determining areas with excess beds, the Departments shall |
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1 | provide information and assistance to the Health Facilities | ||||||
2 | Planning Board to update the Bed Need Methodology for Long-Term | ||||||
3 | Care to update the assumptions used to establish the | ||||||
4 | methodology to make them consistent with modern older adult | ||||||
5 | services.
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6 | (20) Affordable housing. The Departments shall utilize the | ||||||
7 | recommendations of Illinois' Annual Comprehensive Housing | ||||||
8 | Plan, as developed by the Affordable Housing Task Force through | ||||||
9 | the Governor's Executive Order 2003-18, in their efforts to | ||||||
10 | address the affordable housing needs of older adults.
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11 | The Older Adult Services Advisory Committee shall | ||||||
12 | investigate innovative and promising practices operating as | ||||||
13 | demonstration or pilot projects in Illinois and in other | ||||||
14 | states. The Department on Aging shall provide the Older Adult | ||||||
15 | Services Advisory Committee with a list of all demonstration or | ||||||
16 | pilot projects funded by the Department on Aging, including | ||||||
17 | those specified by rule, law, policy memorandum, or funding | ||||||
18 | arrangement. The Committee shall work with the Department on | ||||||
19 | Aging to evaluate the viability of expanding these programs | ||||||
20 | into other areas of the State.
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21 | (Source: P.A. 93-1031, eff. 8-27-04; 94-236, eff. 7-14-05; | ||||||
22 | 94-766, eff. 1-1-07.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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