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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:
| ||||||
4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Section 5-520 as follows:
| ||||||
6 | (20 ILCS 5/5-520) (was 20 ILCS 5/6.27)
| ||||||
7 | Sec. 5-520. In the Department on Aging. A Council on Aging | ||||||
8 | and
a Coordinating
Committee of State Agencies Serving Older | ||||||
9 | Persons composed and appointed as
provided in the Illinois Act | ||||||
10 | on the Aging.
| ||||||
11 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
12 | Section 10. The Illinois Act on the Aging is amended by | ||||||
13 | changing Sections 4.01, 4.02, 4.02c, 4.11, 8.05, 8.06, and 8.08 | ||||||
14 | as follows:
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15 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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16 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
17 | In addition
to powers and duties otherwise provided by law, the | ||||||
18 | Department shall have the
following powers and duties:
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19 | (1) To evaluate all programs, services, and facilities for | ||||||
20 | the aged
and for minority senior citizens within the State and | ||||||
21 | determine the extent
to which present public or private |
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1 | programs, services and facilities meet the
needs of the aged.
| ||||||
2 | (2) To coordinate and evaluate all programs, services, and | ||||||
3 | facilities
for the Aging and for minority senior citizens | ||||||
4 | presently furnished by State
agencies and make appropriate | ||||||
5 | recommendations regarding such services, programs
and | ||||||
6 | facilities to the Governor and/or the General Assembly.
| ||||||
7 | (3) To function as the sole State agency to develop a | ||||||
8 | comprehensive
plan to meet the needs of the State's senior | ||||||
9 | citizens and the State's
minority senior citizens.
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10 | (4) To receive and disburse State and federal funds made | ||||||
11 | available
directly to the Department including those funds made | ||||||
12 | available under the
Older Americans Act and the Senior | ||||||
13 | Community Service Employment Program for
providing services | ||||||
14 | for senior citizens and minority senior citizens or for
| ||||||
15 | purposes related thereto, and shall develop and administer any | ||||||
16 | State Plan
for the Aging required by federal law.
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17 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
18 | the State
any grants or legacies of money, securities, or | ||||||
19 | property to the State of
Illinois for services to senior | ||||||
20 | citizens and minority senior citizens or
purposes related | ||||||
21 | thereto.
| ||||||
22 | (6) To provide consultation and assistance to communities, | ||||||
23 | area agencies
on aging, and groups developing local services | ||||||
24 | for senior citizens and
minority senior citizens.
| ||||||
25 | (7) To promote community education regarding the problems | ||||||
26 | of senior
citizens and minority senior citizens through |
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1 | institutes, publications,
radio, television and the local | ||||||
2 | press.
| ||||||
3 | (8) To cooperate with agencies of the federal government in | ||||||
4 | studies
and conferences designed to examine the needs of senior | ||||||
5 | citizens and minority
senior citizens and to prepare programs | ||||||
6 | and facilities to meet those needs.
| ||||||
7 | (9) To establish and maintain information and referral | ||||||
8 | sources
throughout the State when not provided by other | ||||||
9 | agencies.
| ||||||
10 | (10) To provide the staff support that as may reasonably be | ||||||
11 | required
by the Council and the Coordinating Committee of State | ||||||
12 | Agencies Serving Older
Persons .
| ||||||
13 | (11) To make and enforce rules and regulations necessary | ||||||
14 | and proper
to the performance of its duties.
| ||||||
15 | (12) To establish and fund programs or projects or | ||||||
16 | experimental facilities
that are specially designed as | ||||||
17 | alternatives to institutional care.
| ||||||
18 | (13) To develop a training program to train the counselors | ||||||
19 | presently
employed by the Department's aging network to provide | ||||||
20 | Medicare
beneficiaries with counseling and advocacy in | ||||||
21 | Medicare, private health
insurance, and related health care | ||||||
22 | coverage plans. The Department shall
report to the General | ||||||
23 | Assembly on the implementation of the training
program on or | ||||||
24 | before December 1, 1986.
| ||||||
25 | (14) To make a grant to an institution of higher learning | ||||||
26 | to study the
feasibility of establishing and implementing an |
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1 | affirmative action
employment plan for the recruitment, | ||||||
2 | hiring, training and retraining of
persons 60 or more years old | ||||||
3 | for jobs for which their employment would not
be precluded by | ||||||
4 | law.
| ||||||
5 | (15) To present one award annually in each of the | ||||||
6 | categories of community
service, education, the performance | ||||||
7 | and graphic arts, and the labor force
to outstanding Illinois | ||||||
8 | senior citizens and minority senior citizens in
recognition of | ||||||
9 | their individual contributions to either community service,
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10 | education, the performance and graphic arts, or the labor | ||||||
11 | force. The awards
shall be presented to 4 four senior citizens | ||||||
12 | and minority senior citizens
selected from a list of 44 | ||||||
13 | nominees compiled annually by
the Department. Nominations | ||||||
14 | shall be solicited from senior citizens'
service providers, | ||||||
15 | area agencies on aging, senior citizens'
centers, and senior | ||||||
16 | citizens' organizations. The Department shall consult
with the | ||||||
17 | Coordinating Committee of State Agencies Serving Older Persons | ||||||
18 | to
determine which of the nominees shall be the recipient in | ||||||
19 | each category of
community service. The Department shall | ||||||
20 | establish a central location within
the State to be designated | ||||||
21 | as the Senior Illinoisans Hall of Fame for the
public display | ||||||
22 | of all the annual awards, or replicas thereof.
| ||||||
23 | (16) To establish multipurpose senior centers through area | ||||||
24 | agencies on
aging and to fund those new and existing | ||||||
25 | multipurpose senior centers
through area agencies on aging, the | ||||||
26 | establishment and funding to begin in
such areas of the State |
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1 | as the Department shall designate by rule and as
specifically | ||||||
2 | appropriated funds become available.
| ||||||
3 | (17) To develop the content and format of the | ||||||
4 | acknowledgment regarding
non-recourse reverse mortgage loans | ||||||
5 | under Section 6.1 of the Illinois
Banking Act; to provide | ||||||
6 | independent consumer information on reverse
mortgages and | ||||||
7 | alternatives; and to refer consumers to independent
counseling | ||||||
8 | services with expertise in reverse mortgages.
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9 | (18) To develop a pamphlet in English and Spanish which may | ||||||
10 | be used by
physicians licensed to practice medicine in all of | ||||||
11 | its branches pursuant
to the Medical Practice Act of 1987, | ||||||
12 | pharmacists licensed pursuant to the
Pharmacy Practice Act, and | ||||||
13 | Illinois residents 65 years of age or
older for the purpose of | ||||||
14 | assisting physicians, pharmacists, and patients in
monitoring | ||||||
15 | prescriptions provided by various physicians and to aid persons
| ||||||
16 | 65 years of age or older in complying with directions for | ||||||
17 | proper use of
pharmaceutical prescriptions. The pamphlet may | ||||||
18 | provide space for recording
information including but not | ||||||
19 | limited to the following:
| ||||||
20 | (a) name and telephone number of the patient;
| ||||||
21 | (b) name and telephone number of the prescribing | ||||||
22 | physician;
| ||||||
23 | (c) date of prescription;
| ||||||
24 | (d) name of drug prescribed;
| ||||||
25 | (e) directions for patient compliance; and
| ||||||
26 | (f) name and telephone number of dispensing pharmacy.
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1 | In developing the pamphlet, the Department shall consult | ||||||
2 | with the
Illinois State Medical Society, the Center for | ||||||
3 | Minority Health Services,
the Illinois Pharmacists Association | ||||||
4 | and
senior citizens organizations. The Department shall | ||||||
5 | distribute the
pamphlets to physicians, pharmacists and | ||||||
6 | persons 65 years of age or older
or various senior citizen | ||||||
7 | organizations throughout the State.
| ||||||
8 | (19) To conduct a study by April 1, 1994 of the feasibility | ||||||
9 | of
implementing the Senior Companion Program throughout the | ||||||
10 | State for the fiscal
year beginning July 1, 1994 .
| ||||||
11 | (20) The With respect to contracts in effect on July 1, | ||||||
12 | 1994, the Department
shall increase the grant amounts so that | ||||||
13 | the reimbursement rates paid through
the community care program | ||||||
14 | for chore housekeeping services and home care aides are
at the | ||||||
15 | same rate, which shall be the higher of the 2 rates currently | ||||||
16 | paid.
With respect to all contracts entered into, renewed, or | ||||||
17 | extended on or after
July 1, 1994, the reimbursement rates paid | ||||||
18 | through the community care program
for chore housekeeping | ||||||
19 | services and home care aides
shall be the same.
| ||||||
20 | (21) From funds appropriated to the Department from the | ||||||
21 | Meals on Wheels
Fund, a special fund in the State treasury that | ||||||
22 | is hereby created, and in
accordance with State and federal | ||||||
23 | guidelines and the intrastate funding
formula, to make grants | ||||||
24 | to area agencies on aging, designated by the
Department, for | ||||||
25 | the sole purpose of delivering meals to homebound persons 60
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26 | years of age and older.
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1 | (22) To distribute, through its area agencies on aging, | ||||||
2 | information
alerting seniors on safety issues regarding | ||||||
3 | emergency weather
conditions, including extreme heat and cold, | ||||||
4 | flooding, tornadoes, electrical
storms, and other severe storm | ||||||
5 | weather. The information shall include all
necessary | ||||||
6 | instructions for safety and all emergency telephone numbers of
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7 | organizations that will provide additional information and | ||||||
8 | assistance.
| ||||||
9 | (23) To develop guidelines for the organization and | ||||||
10 | implementation of
Volunteer Services Credit Programs to be | ||||||
11 | administered by Area Agencies on
Aging or community based | ||||||
12 | senior service organizations. The Department shall
hold public | ||||||
13 | hearings on the proposed guidelines for public comment, | ||||||
14 | suggestion,
and determination of public interest. The | ||||||
15 | guidelines shall be based on the
findings of other states and | ||||||
16 | of community organizations in Illinois that are
currently | ||||||
17 | operating volunteer services credit programs or demonstration
| ||||||
18 | volunteer services credit programs. The Department shall offer | ||||||
19 | guidelines for
all aspects of the programs including, but not | ||||||
20 | limited to, the following:
| ||||||
21 | (a) types of services to be offered by volunteers;
| ||||||
22 | (b) types of services to be received upon the | ||||||
23 | redemption of service
credits;
| ||||||
24 | (c) issues of liability for the volunteers and the | ||||||
25 | administering
organizations;
| ||||||
26 | (d) methods of tracking service credits earned and |
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1 | service credits
redeemed;
| ||||||
2 | (e) issues of time limits for redemption of service | ||||||
3 | credits;
| ||||||
4 | (f) methods of recruitment of volunteers;
| ||||||
5 | (g) utilization of community volunteers, community | ||||||
6 | service groups, and
other resources for delivering | ||||||
7 | services to be received by service credit
program clients;
| ||||||
8 | (h) accountability and assurance that services will be | ||||||
9 | available to
individuals who have earned service credits; | ||||||
10 | and
| ||||||
11 | (i) volunteer screening and qualifications.
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12 | The Department shall submit a written copy of the guidelines to | ||||||
13 | the General
Assembly by July 1, 1998.
| ||||||
14 | (Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07; | ||||||
15 | 95-876, eff. 8-21-08.)
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16 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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17 | Sec. 4.02. Community Care Program. The Department shall | ||||||
18 | establish a program of services to
prevent unnecessary | ||||||
19 | institutionalization of persons age 60 and older in
need of | ||||||
20 | long term care or who are established as persons who suffer | ||||||
21 | from
Alzheimer's disease or a related disorder under the | ||||||
22 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
23 | remain in their own homes or in other living arrangements. Such
| ||||||
24 | preventive services, which may be coordinated with other | ||||||
25 | programs for the
aged and monitored by area agencies on aging |
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1 | in cooperation with the
Department, may include, but are not | ||||||
2 | limited to, any or all of the following:
| ||||||
3 | (a) (blank);
| ||||||
4 | (b) (blank);
| ||||||
5 | (c) home care aide services;
| ||||||
6 | (d) personal assistant services;
| ||||||
7 | (e) adult day services;
| ||||||
8 | (f) home-delivered meals;
| ||||||
9 | (g) education in self-care;
| ||||||
10 | (h) personal care services;
| ||||||
11 | (i) adult day health services;
| ||||||
12 | (j) habilitation services;
| ||||||
13 | (k) respite care;
| ||||||
14 | (k-5) community reintegration services;
| ||||||
15 | (k-6) flexible senior services; | ||||||
16 | (k-7) medication management; | ||||||
17 | (k-8) emergency home response;
| ||||||
18 | (l) other nonmedical social services that may enable | ||||||
19 | the person
to become self-supporting; or
| ||||||
20 | (m) clearinghouse for information provided by senior | ||||||
21 | citizen home owners
who want to rent rooms to or share | ||||||
22 | living space with other senior citizens.
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23 | The Department shall establish eligibility standards for | ||||||
24 | such
services . In taking into consideration the unique economic | ||||||
25 | and social needs
of the target population for whom they are to | ||||||
26 | be provided. Such eligibility
standards shall be based on the |
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| |||||||
1 | recipient's ability to pay for services;
provided, however, | ||||||
2 | that in determining the amount and nature of services
for which | ||||||
3 | a person may qualify, consideration shall not be given to the
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4 | value of cash, property or other assets held in the name of the | ||||||
5 | person's
spouse pursuant to a written agreement dividing | ||||||
6 | marital property into equal
but separate shares or pursuant to | ||||||
7 | a transfer of the person's interest in a
home to his spouse, | ||||||
8 | provided that the spouse's share of the marital
property is not | ||||||
9 | made available to the person seeking such services.
| ||||||
10 | Beginning July 1, 2002, the Department shall require as a | ||||||
11 | condition of
eligibility that all financially eligible | ||||||
12 | applicants apply
for medical assistance
under Article V of the | ||||||
13 | Illinois Public Aid Code in accordance with rules
promulgated | ||||||
14 | by the Department.
| ||||||
15 | Beginning January 1, 2008, the Department shall require as | ||||||
16 | a condition of eligibility that all new financially eligible | ||||||
17 | applicants apply for and enroll in medical assistance under | ||||||
18 | Article V of the Illinois Public Aid Code in accordance with | ||||||
19 | rules promulgated by the Department.
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20 | The Department shall, in conjunction with the Department of | ||||||
21 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
22 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
23 | Social
Security Act. The purpose of the amendments shall be to | ||||||
24 | extend eligibility
for home and community based services under | ||||||
25 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
26 | who transfer to or for the benefit of a
spouse those amounts of |
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1 | income and resources allowed under Section 1924 of
the Social | ||||||
2 | Security Act. Subject to the approval of such amendments, the
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3 | Department shall extend the provisions of Section 5-4 of the | ||||||
4 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
5 | of home or
community-based services, would require the level of | ||||||
6 | care provided in an
institution, as is provided for in federal | ||||||
7 | law. Those persons no longer
found to be eligible for receiving | ||||||
8 | noninstitutional services due to changes
in the eligibility | ||||||
9 | criteria shall be given 45 60 days notice prior to actual
| ||||||
10 | termination. Those persons receiving notice of termination may | ||||||
11 | contact the
Department and request the determination be | ||||||
12 | appealed at any time during the
45 60 day notice period. With | ||||||
13 | the exception of the lengthened notice and time
frame for the | ||||||
14 | appeal request, the appeal process shall follow the normal
| ||||||
15 | procedure. In addition, each person affected regardless of the
| ||||||
16 | circumstances for discontinued eligibility shall be given | ||||||
17 | notice and the
opportunity to purchase the necessary services | ||||||
18 | through the Community Care
Program. If the individual does not | ||||||
19 | elect to purchase services, the
Department shall advise the | ||||||
20 | individual of alternative services. The target
population | ||||||
21 | identified for the purposes of this Section are persons age 60
| ||||||
22 | and older with an identified service need. Priority shall be | ||||||
23 | given to those
who are at imminent risk of | ||||||
24 | institutionalization. The services shall be
provided to | ||||||
25 | eligible persons age 60 and older to the extent that the cost
| ||||||
26 | of the services together with the other personal maintenance
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1 | expenses of the persons are reasonably related to the standards
| ||||||
2 | established for care in a group facility appropriate to the | ||||||
3 | person's
condition. These non-institutional services, pilot | ||||||
4 | projects or
experimental facilities may be provided as part of | ||||||
5 | or in addition to
those authorized by federal law or those | ||||||
6 | funded and administered by the
Department of Human Services. | ||||||
7 | The Departments of Human Services, Healthcare and Family | ||||||
8 | Services,
Public Health, Veterans' Affairs, and Commerce and | ||||||
9 | Economic Opportunity and
other appropriate agencies of State, | ||||||
10 | federal and local governments shall
cooperate with the | ||||||
11 | Department on Aging in the establishment and development
of the | ||||||
12 | non-institutional services. The Department shall require an | ||||||
13 | annual
audit from all personal assistant
and home care aide | ||||||
14 | vendors contracting with
the Department under this Section. The | ||||||
15 | annual audit shall assure that each
audited vendor's procedures | ||||||
16 | are in compliance with Department's financial
reporting | ||||||
17 | guidelines requiring an administrative and employee wage and | ||||||
18 | benefits cost split as defined in administrative rules. The | ||||||
19 | audit is a public record under
the Freedom of Information Act. | ||||||
20 | The Department shall execute, relative to
the nursing home | ||||||
21 | prescreening project, written inter-agency
agreements with the | ||||||
22 | Department of Human Services and the Department
of Healthcare | ||||||
23 | and Family Services, to effect the following: (1) intake | ||||||
24 | procedures and common
eligibility criteria for those persons | ||||||
25 | who are receiving non-institutional
services; and (2) the | ||||||
26 | establishment and development of non-institutional
services in |
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| |||||||
1 | areas of the State where they are not currently available or | ||||||
2 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
3 | prescreenings for
individuals 60 years of age or older shall be | ||||||
4 | conducted by the Department.
| ||||||
5 | As part of the Department on Aging's routine training of | ||||||
6 | case managers and case manager supervisors, the Department may | ||||||
7 | include information on family futures planning for persons who | ||||||
8 | are age 60 or older and who are caregivers of their adult | ||||||
9 | children with developmental disabilities. The content of the | ||||||
10 | training shall be at the Department's discretion. | ||||||
11 | The Department is authorized to establish a system of | ||||||
12 | recipient copayment
for services provided under this Section, | ||||||
13 | such copayment to be based upon
the recipient's ability to pay | ||||||
14 | but in no case to exceed the actual cost of
the services | ||||||
15 | provided. Additionally, any portion of a person's income which
| ||||||
16 | is equal to or less than the federal poverty standard shall not | ||||||
17 | be
considered by the Department in determining the copayment. | ||||||
18 | The level of
such copayment shall be adjusted whenever | ||||||
19 | necessary to reflect any change
in the officially designated | ||||||
20 | federal poverty standard.
| ||||||
21 | The Department, or the Department's authorized | ||||||
22 | representative, may shall
recover the amount of moneys expended | ||||||
23 | for services provided to or in
behalf of a person under this | ||||||
24 | Section by a claim against the person's
estate or against the | ||||||
25 | estate of the person's surviving spouse, but no
recovery may be | ||||||
26 | had until after the death of the surviving spouse, if
any, and |
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| |||||||
1 | then only at such time when there is no surviving child who
is | ||||||
2 | under age 21, blind, or permanently and totally disabled. This
| ||||||
3 | paragraph, however, shall not bar recovery, at the death of the | ||||||
4 | person, of
moneys for services provided to the person or in | ||||||
5 | behalf of the person under
this Section to which the person was | ||||||
6 | not entitled;
provided that such recovery shall not be enforced | ||||||
7 | against any real estate while
it is occupied as a homestead by | ||||||
8 | the surviving spouse or other dependent, if no
claims by other | ||||||
9 | creditors have been filed against the estate, or, if such
| ||||||
10 | claims have been filed, they remain dormant for failure of | ||||||
11 | prosecution or
failure of the claimant to compel administration | ||||||
12 | of the estate for the purpose
of payment. This paragraph shall | ||||||
13 | not bar recovery from the estate of a spouse,
under Sections | ||||||
14 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
15 | Illinois Public Aid Code, who precedes a person receiving | ||||||
16 | services under this
Section in death. All moneys for services
| ||||||
17 | paid to or in behalf of the person under this Section shall be | ||||||
18 | claimed for
recovery from the deceased spouse's estate. | ||||||
19 | "Homestead", as used
in this paragraph, means the dwelling | ||||||
20 | house and
contiguous real estate occupied by a surviving spouse
| ||||||
21 | or relative, as defined by the rules and regulations of the | ||||||
22 | Department of Healthcare and Family Services, regardless of the | ||||||
23 | value of the property.
| ||||||
24 | The Department shall increase the effectiveness of the | ||||||
25 | existing Community Care Program by: | ||||||
26 | (1) ensuring that in-home services included in the care |
| |||||||
| |||||||
1 | plan are available on evenings and weekends; | ||||||
2 | (2) ensuring that care plans contain the services that | ||||||
3 | eligible participants
need based on the number of days in a | ||||||
4 | month, not limited to specific blocks of time, as | ||||||
5 | identified by the comprehensive assessment tool selected | ||||||
6 | by the Department for use statewide, not to exceed the | ||||||
7 | total monthly service cost maximum allowed for each | ||||||
8 | service; the Department shall develop administrative rules | ||||||
9 | to implement this item (2); | ||||||
10 | (3) ensuring that the participants have the right to | ||||||
11 | choose the services contained in their care plan and to | ||||||
12 | direct how those services are provided, based on | ||||||
13 | administrative rules established by the Department; | ||||||
14 | (4) ensuring that the determination of need tool is | ||||||
15 | accurate in determining the participants' level of need; to | ||||||
16 | achieve this, the Department, in conjunction with the Older | ||||||
17 | Adult Services Advisory Committee, shall institute a study | ||||||
18 | of the relationship between the Determination of Need | ||||||
19 | scores, level of need, service cost maximums, and the | ||||||
20 | development and utilization of service plans no later than | ||||||
21 | May 1, 2008; findings and recommendations shall be | ||||||
22 | presented to the Governor and the General Assembly no later | ||||||
23 | than January 1, 2009; recommendations shall include all | ||||||
24 | needed changes to the service cost maximums schedule and | ||||||
25 | additional covered services; | ||||||
26 | (5) ensuring that homemakers can provide personal care |
| |||||||
| |||||||
1 | services that may or may not involve contact with clients, | ||||||
2 | including but not limited to: | ||||||
3 | (A) bathing; | ||||||
4 | (B) grooming; | ||||||
5 | (C) toileting; | ||||||
6 | (D) nail care; | ||||||
7 | (E) transferring; | ||||||
8 | (F) respiratory services; | ||||||
9 | (G) exercise; or | ||||||
10 | (H) positioning; | ||||||
11 | (6) ensuring that homemaker program vendors are not | ||||||
12 | restricted from hiring homemakers who are family members of | ||||||
13 | clients or recommended by clients; the Department may not, | ||||||
14 | by rule or policy, require homemakers who are family | ||||||
15 | members of clients or recommended by clients to accept | ||||||
16 | assignments in homes other than the client; and | ||||||
17 | (7) ensuring that the State may access maximum federal | ||||||
18 | matching funds by seeking approval for the Centers for | ||||||
19 | Medicare and Medicaid Services for modifications to the | ||||||
20 | State's home and community based services waiver and | ||||||
21 | additional waiver opportunities in order to maximize | ||||||
22 | federal matching funds; this shall include, but not be | ||||||
23 | limited to, modification that reflects all changes in the | ||||||
24 | Community Care Program services and all increases in the | ||||||
25 | services cost maximum. | ||||||
26 | By January 1, 2009 or as soon after the end of the Cash and |
| |||||||
| |||||||
1 | Counseling Demonstration Project as is practicable, the | ||||||
2 | Department may, based on its evaluation of the demonstration | ||||||
3 | project, promulgate rules concerning personal assistant | ||||||
4 | services, to include, but need not be limited to, | ||||||
5 | qualifications, employment screening, rights under fair labor | ||||||
6 | standards, training, fiduciary agent, and supervision | ||||||
7 | requirements. All applicants shall be subject to the provisions | ||||||
8 | of the Health Care Worker Background Check Act.
| ||||||
9 | The Department shall develop procedures to enhance | ||||||
10 | availability of
services on evenings, weekends, and on an | ||||||
11 | emergency basis to meet the
respite needs of caregivers. | ||||||
12 | Procedures shall be developed to permit the
utilization of | ||||||
13 | services in successive blocks of 24 hours up to the monthly
| ||||||
14 | maximum established by the Department. Workers providing these | ||||||
15 | services
shall be appropriately trained.
| ||||||
16 | Beginning on the effective date of this Amendatory Act of | ||||||
17 | 1991, no person
may perform chore/housekeeping and home care | ||||||
18 | aide services under a program
authorized by this Section unless | ||||||
19 | that person has been issued a certificate
of pre-service to do | ||||||
20 | so by his or her employing agency. Information
gathered to | ||||||
21 | effect such certification shall include (i) the person's name,
| ||||||
22 | (ii) the date the person was hired by his or her current | ||||||
23 | employer, and
(iii) the training, including dates and levels. | ||||||
24 | Persons engaged in the
program authorized by this Section | ||||||
25 | before the effective date of this
amendatory Act of 1991 shall | ||||||
26 | be issued a certificate of all pre- and
in-service training |
| |||||||
| |||||||
1 | from his or her employer upon submitting the necessary
| ||||||
2 | information. The employing agency shall be required to retain | ||||||
3 | records of
all staff pre- and in-service training, and shall | ||||||
4 | provide such records to
the Department upon request and upon | ||||||
5 | termination of the employer's contract
with the Department. In | ||||||
6 | addition, the employing agency is responsible for
the issuance | ||||||
7 | of certifications of in-service training completed to their
| ||||||
8 | employees.
| ||||||
9 | The Department is required to develop a system to ensure | ||||||
10 | that persons
working as home care aides and personal assistants
| ||||||
11 | receive increases in their
wages when the federal minimum wage | ||||||
12 | is increased by requiring vendors to
certify that they are | ||||||
13 | meeting the federal minimum wage statute for home care aides
| ||||||
14 | and personal assistants. An employer that cannot ensure that | ||||||
15 | the minimum
wage increase is being given to home care aides and | ||||||
16 | personal assistants
shall be denied any increase in | ||||||
17 | reimbursement costs.
| ||||||
18 | The Community Care Program Advisory Committee is created in | ||||||
19 | the Department on Aging. The Director shall appoint individuals | ||||||
20 | to serve in the Committee, who shall serve at their own | ||||||
21 | expense. Members of the Committee must abide by all applicable | ||||||
22 | ethics laws. The Committee shall advise the Department on | ||||||
23 | issues related to the Department's program of services to | ||||||
24 | prevent unnecessary institutionalization. The Committee shall | ||||||
25 | meet on a bi-monthly basis and shall serve to identify and | ||||||
26 | advise the Department on present and potential issues affecting |
| |||||||
| |||||||
1 | the service delivery network, the program's clients, and the | ||||||
2 | Department and to recommend solution strategies. Persons | ||||||
3 | appointed to the Committee shall be appointed on, but not | ||||||
4 | limited to, their own and their agency's experience with the | ||||||
5 | program, geographic representation, and willingness to serve. | ||||||
6 | The Director shall appoint members to the Committee to | ||||||
7 | represent provider, advocacy, policy research, and other | ||||||
8 | constituencies committed to the delivery of high quality home | ||||||
9 | and community-based services to older adults. Representatives | ||||||
10 | shall be appointed to ensure representation from community care | ||||||
11 | providers including, but not limited to, adult day service | ||||||
12 | providers, homemaker providers, case coordination and case | ||||||
13 | management units, emergency home response providers, statewide | ||||||
14 | trade or labor unions that represent home care
aides and direct | ||||||
15 | care staff, area agencies on aging, adults over age 60, | ||||||
16 | membership organizations representing older adults, and other | ||||||
17 | organizational entities, providers of care, or individuals | ||||||
18 | with demonstrated interest and expertise in the field of home | ||||||
19 | and community care as determined by the Director. | ||||||
20 | Nominations may be presented from any agency or State | ||||||
21 | association with interest in the program. The Director, or his | ||||||
22 | or her designee, shall serve as the permanent co-chair of the | ||||||
23 | advisory committee. One other co-chair shall be nominated and | ||||||
24 | approved by the members of the committee on an annual basis. | ||||||
25 | Committee members' terms of appointment shall be for 4 years | ||||||
26 | with one-quarter of the appointees' terms expiring each year. A |
| |||||||
| |||||||
1 | member shall continue to serve until his or her replacement is | ||||||
2 | named. The Department shall fill vacancies that have a | ||||||
3 | remaining term of over one year, and this replacement shall | ||||||
4 | occur through the annual replacement of expiring terms. The | ||||||
5 | Director shall designate Department staff to provide technical | ||||||
6 | assistance and staff support to the committee. Department | ||||||
7 | representation shall not constitute membership of the | ||||||
8 | committee. All Committee papers, issues, recommendations, | ||||||
9 | reports, and meeting memoranda are advisory only. The Director, | ||||||
10 | or his or her designee, shall make a written report, as | ||||||
11 | requested by the Committee, regarding issues before the | ||||||
12 | Committee.
| ||||||
13 | The Department on Aging and the Department of Human | ||||||
14 | Services
shall cooperate in the development and submission of | ||||||
15 | an annual report on
programs and services provided under this | ||||||
16 | Section. Such joint report
shall be filed with the Governor and | ||||||
17 | the General Assembly on or before
September 30 each year.
| ||||||
18 | The requirement for reporting to the General Assembly shall | ||||||
19 | be satisfied
by filing copies of the report with the Speaker, | ||||||
20 | the Minority Leader and
the Clerk of the House of | ||||||
21 | Representatives and the President, the Minority
Leader and the | ||||||
22 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
23 | required by Section 3.1 of the General Assembly Organization | ||||||
24 | Act and
filing such additional copies with the State Government | ||||||
25 | Report Distribution
Center for the General Assembly as is | ||||||
26 | required under paragraph (t) of
Section 7 of the State Library |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | Those persons previously found eligible for receiving | ||||||
3 | non-institutional
services whose services were discontinued | ||||||
4 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
5 | not meet the eligibility standards in effect
on or after July | ||||||
6 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
7 | Those persons previously not required to cost-share and who | ||||||
8 | were
required to cost-share effective March 1, 1992, shall | ||||||
9 | continue to meet
cost-share requirements on and after July 1, | ||||||
10 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
11 | meet
eligibility, cost-share, and other requirements and will | ||||||
12 | have services
discontinued or altered when they fail to meet | ||||||
13 | these requirements. | ||||||
14 | For the purposes of this Section, "flexible senior | ||||||
15 | services" refers to services that require one-time or periodic | ||||||
16 | expenditures including, but not limited to, respite care, home | ||||||
17 | modification, assistive technology, housing assistance, and | ||||||
18 | transportation.
| ||||||
19 | (Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336, | ||||||
20 | eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07; | ||||||
21 | 95-473, eff. 8-27-07; 95-565, eff. 6-1-08; 95-876, eff. | ||||||
22 | 8-21-08 .) | ||||||
23 | (20 ILCS 105/4.02c) | ||||||
24 | Sec. 4.02c. Comprehensive Care in Residential Settings | ||||||
25 | Demonstration Project.
|
| |||||||
| |||||||
1 | (a) The Department may establish and fund a demonstration | ||||||
2 | program of bundled services designed to support the specialized | ||||||
3 | needs of clients currently residing in projects that were | ||||||
4 | formerly designated as Community Based Residential Facilities. | ||||||
5 | Participating projects must hold a valid license, which remains | ||||||
6 | unsuspended, unrevoked, and unexpired, under the provisions of | ||||||
7 | the Assisted Living and Shared Housing Act. | ||||||
8 | (b) The demonstration program must include, at a minimum: | ||||||
9 | (1) 3 meals per day; | ||||||
10 | (2) routine housekeeping services; | ||||||
11 | (3) 24-hour-a-day security; | ||||||
12 | (4) an emergency response system; | ||||||
13 | (5) personal laundry and linen service; | ||||||
14 | (6) assistance with activities of daily living; | ||||||
15 | (7) medication management; and | ||||||
16 | (8) money management. | ||||||
17 | Optional services, such as transportation and social | ||||||
18 | activities, may be provided. | ||||||
19 | (c) Reimbursement for the program shall be based on the | ||||||
20 | client's level of need and functional impairment, as determined | ||||||
21 | by the Department. Clients must meet all eligibility | ||||||
22 | requirements established by rule. The Department may establish | ||||||
23 | a capitated reimbursement mechanism based on the client's level | ||||||
24 | of need and functional impairment. Reimbursement for program | ||||||
25 | must be made to the Department-contracted provider delivering | ||||||
26 | the services. |
| |||||||
| |||||||
1 | (d) The Department shall adopt rules and provide oversight | ||||||
2 | for the project, with assistance and advice provided by the | ||||||
3 | Assisted Living and Shared Housing Advisory Board and Assisted | ||||||
4 | Living and Shared Housing Quality of Life Committee. | ||||||
5 | The project may be funded through the Department | ||||||
6 | appropriations that may include Medicaid waiver funds. | ||||||
7 | (e) The Before January 1, 2008, the Department, in | ||||||
8 | consultation with the Assisted Living and Shared Housing | ||||||
9 | Advisory Board, may must report to the General Assembly on the | ||||||
10 | results of the demonstration project. The report may must | ||||||
11 | include, without limitation, any recommendations for changes | ||||||
12 | or improvements, including changes or improvements in the | ||||||
13 | administration of the program and an evaluation.
| ||||||
14 | (Source: P.A. 93-775, eff. 1-1-05.)
| ||||||
15 | (20 ILCS 105/4.11)
| ||||||
16 | Sec. 4.11. AIDS awareness. The Department may must develop | ||||||
17 | health programs
and materials targeted to persons 50 years of | ||||||
18 | age and more concerning the
dangers of HIV and AIDS and | ||||||
19 | sexually transmitted diseases.
| ||||||
20 | (Source: P.A. 91-106, eff. 1-1-00.)
| ||||||
21 | (20 ILCS 105/8.05) (from Ch. 23, par. 6108.05)
| ||||||
22 | Sec. 8.05. Alzheimer's disease grants.
| ||||||
23 | (a) As used in this Section, unless the context requires | ||||||
24 | otherwise:
|
| |||||||
| |||||||
1 | (1) "Participant" means an individual with Alzheimer's | ||||||
2 | disease or a
disease of a related type, particularly in the | ||||||
3 | moderate to severe
stage, whose care, needs and behavioral | ||||||
4 | problems make it difficult for
the individual to | ||||||
5 | participate in existing care programs. The individual
may | ||||||
6 | be 60 years of age or older on the presumption that he or | ||||||
7 | she is a
prospective recipient of service under this Act.
| ||||||
8 | (2) "Disease of a related type" means any of those | ||||||
9 | irreversible brain
disorders which result in the symptoms | ||||||
10 | described in paragraph (4). This
includes but is not | ||||||
11 | limited to multi-infarct dementia and Parkinson's disease.
| ||||||
12 | (3) "Grantee" means any public or private nonprofit | ||||||
13 | agency
selected by the Department to develop a care program | ||||||
14 | for participants
under this Section.
| ||||||
15 | (4) "Care needs" or "behavioral problems" means the | ||||||
16 | manifestations of
symptoms which may include but are not | ||||||
17 | limited to memory loss, aphasia
(communication disorder), | ||||||
18 | becoming lost or disoriented, confusion and
agitation with | ||||||
19 | the potential for combativeness and incontinence.
| ||||||
20 | (b) In an effort to address the needs of persons suffering | ||||||
21 | from
Alzheimer's disease or a disease of a related type, the | ||||||
22 | Department may shall
encourage the development of adult day | ||||||
23 | care for these persons through
administration of specialized | ||||||
24 | Alzheimer's Day Care Resource Centers. These
projects may shall | ||||||
25 | be designed to identify and meet the unique needs of the
| ||||||
26 | affected population, including the use of special evaluation |
| |||||||
| |||||||
1 | standards and
techniques that take into consideration both the | ||||||
2 | physical and cognitive
abilities of individual applicants or | ||||||
3 | recipients.
| ||||||
4 | The Department may shall establish at least one urban and | ||||||
5 | one rural
specialized Alzheimer's Day Care Resource Center. | ||||||
6 | Each center shall be
designed so as to meet the unique needs | ||||||
7 | and protect the safety of each
participant. Each center shall | ||||||
8 | be staffed by persons specially trained to
work with | ||||||
9 | participants. Each center shall operate in concert with | ||||||
10 | regional
ADA Centers.
| ||||||
11 | The Department shall contract with a public or private | ||||||
12 | nonprofit
agency or with professional persons in the fields of | ||||||
13 | health or social
services with expertise in Alzheimer's | ||||||
14 | disease, a disease of a related
type, or a related dementia to | ||||||
15 | develop a training module that includes
information on the | ||||||
16 | symptoms and progress of the diseases and to develop
| ||||||
17 | appropriate techniques for dealing with the psychosocial, | ||||||
18 | health, and
physical needs of participants.
| ||||||
19 | The training module may shall be developed for specialized | ||||||
20 | Alzheimer's Day
Care Resource Centers and may shall be | ||||||
21 | available to other community based
providers who serve this | ||||||
22 | client population. The training module shall be
owned and may | ||||||
23 | be distributed by the Department.
| ||||||
24 | Subject to appropriation, grants may Grants shall be | ||||||
25 | awarded at current rates as set by the Department on
Aging | ||||||
26 | under Section 240.1910 of Title 89 of the Illinois |
| |||||||
| |||||||
1 | Administrative
Code, with at least one urban and one rural | ||||||
2 | program for the specialized
Alzheimer's Day Care Resource | ||||||
3 | Centers. The Department may shall adopt policies,
priorities | ||||||
4 | and guidelines to carry out the purposes of this Section.
| ||||||
5 | (c) A prospective grantee shall apply in a manner | ||||||
6 | prescribed by the
Department and shall:
| ||||||
7 | (1) Identify the special care needs and behavioral | ||||||
8 | problems
of participants and design its program to meet | ||||||
9 | those needs.
| ||||||
10 | (2) Demonstrate that its program has adequate and | ||||||
11 | appropriate staffing
to meet the nursing, psychosocial and | ||||||
12 | recreational needs of participants.
| ||||||
13 | (3) Provide an outline of the design of its physical | ||||||
14 | facilities and
the safeguards which shall be used to | ||||||
15 | protect the participants.
| ||||||
16 | (4) Submit a plan for assisting individuals who cannot | ||||||
17 | afford the
entire cost of the program. This may include | ||||||
18 | eligibility policies,
standards and criteria that are | ||||||
19 | unique to the needs and requirements of the
population | ||||||
20 | being served under this Act, notwithstanding the | ||||||
21 | provisions of
Section 4.02 and related rules and | ||||||
22 | regulations. This may also include but
need not be limited | ||||||
23 | to additional funding sources to provide supplemental
aid | ||||||
24 | and allowing family members to participate as volunteers at | ||||||
25 | the facility.
| ||||||
26 | (5) Submit a plan for using volunteers and volunteer |
| |||||||
| |||||||
1 | aids and
provide an outline for adequate training of those | ||||||
2 | volunteers.
| ||||||
3 | (6) Identify potential sources of funding for its | ||||||
4 | facility and outline
plans to seek additional funding to | ||||||
5 | remain solvent. This may include
private donations and | ||||||
6 | foundation grants, Medicare reimbursement for
specific | ||||||
7 | services and the use of adult education and public health | ||||||
8 | services.
| ||||||
9 | (7) Establish family support groups.
| ||||||
10 | (8) Encourage family members to provide transportation | ||||||
11 | to and from the
facility for participants.
| ||||||
12 | (9) Concentrate on participants in the moderate to | ||||||
13 | severe range of
disability.
| ||||||
14 | (10) Provide a noon meal to participants. The meal may | ||||||
15 | be provided by
an organization providing meals to the | ||||||
16 | elderly or needy.
| ||||||
17 | (11) Establish contact with local educational programs | ||||||
18 | such as nursing
and gerontology programs to provide onsite | ||||||
19 | training to students.
| ||||||
20 | (12) Provide services to assist family members, | ||||||
21 | including counseling
and referral to other resources.
| ||||||
22 | (13) Serve as a model available to service providers | ||||||
23 | for
onsite training in the care of participants.
| ||||||
24 | (d) The Department shall periodically annually report to | ||||||
25 | the General Assembly before
December 1 on the pilot project | ||||||
26 | grants. The report may shall include but need not
be limited to |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (1) A description of the progress made in implementing | ||||||
3 | the programs.
| ||||||
4 | (2) The number of grantees who have established | ||||||
5 | programs under this
Section.
| ||||||
6 | (3) The number and characteristics of participants | ||||||
7 | served by the
programs, including but not limited to age, | ||||||
8 | sex, diagnosis, reason for
admission, functional | ||||||
9 | impairment, referral source, living situation,
and payment | ||||||
10 | source.
| ||||||
11 | (4) An evaluation of the usefulness of the programs in
| ||||||
12 | delaying the placement of the participants in | ||||||
13 | institutions,
providing respite to families who care for | ||||||
14 | participants in the home and
providing a setting for onsite | ||||||
15 | training in the care of participants.
| ||||||
16 | (5) A description of findings on the appropriate level | ||||||
17 | and type of care
required to meet the nursing and | ||||||
18 | psychosocial needs of the participants and
appropriate | ||||||
19 | environmental conditions and treatment methods.
| ||||||
20 | (Source: P.A. 87-316; 87-895.)
| ||||||
21 | (20 ILCS 105/8.06) (from Ch. 23, par. 6108.06)
| ||||||
22 | Sec. 8.06.
The Department may shall develop and implement a | ||||||
23 | plan for the
increased incorporation of local and community | ||||||
24 | senior citizen centers into
the functions and responsibilities | ||||||
25 | of area agencies on aging and for the
increased input of local |
| |||||||
| |||||||
1 | and community senior citizen centers into the
Department's | ||||||
2 | policy making process.
| ||||||
3 | (Source: P.A. 86-730.)
| ||||||
4 | (20 ILCS 105/8.08) | ||||||
5 | Sec. 8.08. Older direct care worker recognition. The | ||||||
6 | Department shall present one award annually to older direct | ||||||
7 | care workers in each of the following categories: Older | ||||||
8 | American Act Services, Home Health Services, Community Care | ||||||
9 | Program Services, Nursing Homes, and programs that provide | ||||||
10 | housing with services licensed or certified by the State. The | ||||||
11 | Department shall solicit nominations from associations | ||||||
12 | representing providers of the named services or settings and | ||||||
13 | trade associations representing applicable direct care | ||||||
14 | workers. Nominations shall be presented in a format designated | ||||||
15 | by the Department. Direct care workers honored with this award | ||||||
16 | must be 55 years of age or older and shall be recognized for | ||||||
17 | their dedication and commitment to improving the quality of | ||||||
18 | aging in Illinois above and beyond the confines of their job | ||||||
19 | description. Award recipients shall be honored before their | ||||||
20 | peers at the Governor's Conference on Aging or at a similar | ||||||
21 | venue, shall have their pictures displayed on the Department's | ||||||
22 | website with their permission, and shall receive a letter of | ||||||
23 | commendation from the Governor. The Department shall consult | ||||||
24 | with the Coordinating Committee of State Agencies Serving Older | ||||||
25 | Persons to determine which of the nominees shall be the |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | recipient in each category of service provision or setting. The | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Department shall include the recipients of these awards in all | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Senior Hall of Fame displays required by the Act on Aging. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Except as otherwise prohibited by law, the Department may | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | solicit private sector funding to underwrite the cost of all | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | awards and recognition materials and shall request that all | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | associations representing providers of the named services or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | settings and trade associations applicable to direct care | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | workers publicize the awards and the award recipients in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | communications with their members.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 96-376, eff. 8-13-09.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (20 ILCS 105/3.04 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (20 ILCS 105/4.02d rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (20 ILCS 105/4.10 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (20 ILCS 105/7.02 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (20 ILCS 105/8 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (20 ILCS 105/8.01 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | (20 ILCS 105/8.02 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (20 ILCS 105/8.03 rep.)
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20 | Section 15. The Illinois Act on the Aging is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | repealing Sections 3.04, 4.02d, 4.10, 7.02, 8, 8.01, 8.02, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 8.03.
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23 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | becoming law.
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