| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Department of Veterans Affairs Act is | ||||||
5 | amended by changing Sections 2g, 2.01, 2.03, and 2.04 and by | ||||||
6 | adding Section 2.01b as follows: | ||||||
7 | (20 ILCS 2805/2g) | ||||||
8 | Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | ||||||
9 | Veterans' Homes Fund is hereby created as a special fund in the | ||||||
10 | State treasury. From appropriations to the Department from the | ||||||
11 | Fund the Department shall purchase needed equipment and | ||||||
12 | supplies to enhance the lives of the residents at and for to | ||||||
13 | enhance the operations of veterans' homes in Illinois , | ||||||
14 | including capital improvements, building rehabilitation, and | ||||||
15 | repairs .
| ||||||
16 | (Source: P.A. 93-776, eff. 7-21-04.)
| ||||||
17 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
| ||||||
18 | Sec. 2.01. Veterans Home admissions.
| ||||||
19 | (a) Any honorably discharged veteran
is entitled to | ||||||
20 | admission to an Illinois
Veterans Home if the applicant meets | ||||||
21 | the requirements of this Section.
| ||||||
22 | (b)
The veteran must: |
| |||||||
| |||||||
1 | (1) have served in the armed forces of the United | ||||||
2 | States at least
1 day in World War II, the Korean
Conflict, | ||||||
3 | the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||||||
4 | the dates recognized by the U.S. Department of Veterans | ||||||
5 | Affairs or
between any other present or future dates | ||||||
6 | recognized by the U.S. Department of
Veterans Affairs as a | ||||||
7 | war period, or have served in a hostile fire
environment | ||||||
8 | and has been awarded a campaign or expeditionary medal
| ||||||
9 | signifying his or her service,
for purposes of eligibility | ||||||
10 | for domiciliary or
nursing home care; | ||||||
11 | (2) have served and been honorably discharged or | ||||||
12 | retired from the armed forces of the United States for a | ||||||
13 | service connected disability or injury, for purposes of | ||||||
14 | eligibility for domiciliary or
nursing home care; | ||||||
15 | (3) have served as an enlisted person at least 90 days | ||||||
16 | on active duty in the armed forces of the United States, | ||||||
17 | excluding service on active duty for training purposes | ||||||
18 | only, and entered active duty before September 8, 1980, for | ||||||
19 | purposes of eligibility for domiciliary or
nursing home | ||||||
20 | care; | ||||||
21 | (4) have served as an officer at least 90 days on | ||||||
22 | active duty in the armed forces of the United States, | ||||||
23 | excluding service on active duty for training purposes | ||||||
24 | only, and entered active duty before October 17, 1981, for | ||||||
25 | purposes of eligibility for domiciliary or
nursing home | ||||||
26 | care; |
| |||||||
| |||||||
1 | (5) have served on active duty in the armed forces of | ||||||
2 | the United States for 24 months of continuous service or | ||||||
3 | more, excluding active duty for training purposes only, and | ||||||
4 | enlisted after September 7, 1980, for purposes of | ||||||
5 | eligibility for domiciliary or
nursing home care; | ||||||
6 | (6) have served as a reservist in the armed forces of | ||||||
7 | the United States or the National Guard and the service | ||||||
8 | included being called to federal active duty, excluding | ||||||
9 | service on active duty for training purposes only, and who | ||||||
10 | completed the term,
for purposes of eligibility for | ||||||
11 | domiciliary or nursing home care;
| ||||||
12 | (7) have been discharged for reasons of hardship or | ||||||
13 | released from active duty due to a reduction in the United | ||||||
14 | States armed forces prior to the completion of the required | ||||||
15 | period of service, regardless of the actual time served, | ||||||
16 | for purposes of eligibility for domiciliary or nursing home | ||||||
17 | care; or
| ||||||
18 | (8) have served in the National Guard or Reserve Forces | ||||||
19 | of the
United States and completed 20 years of satisfactory | ||||||
20 | service, be
otherwise eligible to receive reserve or active | ||||||
21 | duty retirement
benefits, and have been an Illinois | ||||||
22 | resident for at least one year
before applying for | ||||||
23 | admission for purposes of eligibility
for domiciliary care | ||||||
24 | only.
| ||||||
25 | (c) The veteran must have service accredited to the State | ||||||
26 | of Illinois or
have been a resident of this State for one year |
| |||||||
| |||||||
1 | immediately
preceding the date of application.
| ||||||
2 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
3 | and
Quincy, the veteran must have developed a disability by | ||||||
4 | disease, wounds, or otherwise and because
of the disability be | ||||||
5 | incapable of earning a living.
| ||||||
6 | (e) For admission to the Illinois Veterans Homes at | ||||||
7 | Chicago, LaSalle , and Manteno,
the veteran must have developed | ||||||
8 | a disability by disease, wounds, or otherwise and, for purposes | ||||||
9 | of eligibility
for nursing home care, require nursing care | ||||||
10 | because of the disability. | ||||||
11 | (f) An individual who served during a time of conflict as | ||||||
12 | set forth in paragraph (1) of subsection (b) of this Section | ||||||
13 | has preference over all other qualifying candidates, for | ||||||
14 | purposes of eligibility for domiciliary or
nursing home care at | ||||||
15 | any Illinois Veterans Home.
| ||||||
16 | (g) A veteran or spouse, once admitted to an Illinois | ||||||
17 | Veterans Home facility, is considered a resident for | ||||||
18 | interfacility purposes. | ||||||
19 | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | ||||||
20 | 99-642, eff. 7-28-16.)
| ||||||
21 | (20 ILCS 2805/2.01b new) | ||||||
22 | Sec. 2.01b. Illinois Veterans Home at Chicago. The | ||||||
23 | Illinois Veterans Home at Chicago is established. The | ||||||
24 | Department shall operate and maintain the Illinois Veterans | ||||||
25 | Home at Chicago.
|
| |||||||
| |||||||
1 | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
| ||||||
2 | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||||||
3 | Home are
subject to the rules and regulations adopted by the | ||||||
4 | Department of Veterans'
Affairs to govern the admission of | ||||||
5 | applicants.
| ||||||
6 | Each resident of a Home is liable for the payment of sums
| ||||||
7 | representing maintenance charges for care at the Home at a rate | ||||||
8 | to
be determined by the Department, based on the resident's | ||||||
9 | ability to pay.
However, the charges shall not exceed the | ||||||
10 | average annual per
capita cost of maintaining the resident in | ||||||
11 | the Home. The Department,
upon being furnished proof of | ||||||
12 | payment, shall in its discretion
make allowances for unusual | ||||||
13 | expenses in determining the
ability of the resident to pay | ||||||
14 | maintenance charges.
| ||||||
15 | The basis upon which the payment of maintenance charges | ||||||
16 | shall be
calculated by the Department is the average per capita | ||||||
17 | cost
for the care of all residents at each Home for the fiscal | ||||||
18 | year
immediately preceding the period for which the rate for | ||||||
19 | each
Home is being calculated.
| ||||||
20 | The Department may require residents to pay charges | ||||||
21 | monthly,
quarterly, or otherwise as may be most suitably | ||||||
22 | arranged for the
individual members. The amounts received from | ||||||
23 | each Home for the
charges shall be transmitted to the Treasurer | ||||||
24 | of the State of Illinois
for deposit in each Veterans Home | ||||||
25 | Fund, respectively , except that receipts attributable to the |
| |||||||
| |||||||
1 | Illinois Veterans Home at Chicago shall be deposited into the | ||||||
2 | Illinois Veterans' Homes Fund .
| ||||||
3 | The Department may investigate the financial condition of | ||||||
4 | residents
of a Home to determine their ability to pay | ||||||
5 | maintenance charges and
to establish standards as a basis of | ||||||
6 | judgment for such determination.
Such standards shall be | ||||||
7 | recomputed periodically to reflect
changes in the cost of | ||||||
8 | living and other pertinent factors.
| ||||||
9 | Refusal to pay the maintenance charges is cause for | ||||||
10 | discharge
of a resident from a Home.
| ||||||
11 | The Department may collect any medical or health benefits
| ||||||
12 | to which a resident may become entitled through tax
supported | ||||||
13 | or privately financed systems of insurance, as a
result of his | ||||||
14 | or her care or treatment in the facilities provided by the
| ||||||
15 | Department, or because of care or treatment in other facilities
| ||||||
16 | when such care or treatment has been paid for by the | ||||||
17 | Department.
| ||||||
18 | Admission of a resident is not limited or conditioned in | ||||||
19 | any manner
by the financial status of the resident or his or | ||||||
20 | her ability to pay
maintenance charges.
| ||||||
21 | The Department may accept and hold on behalf of the State, | ||||||
22 | if for the
public interest, a grant, gift, devise, or bequest | ||||||
23 | of money or property to
the Department made in trust for the | ||||||
24 | maintenance or support of a resident
of an Illinois Veterans | ||||||
25 | Home or for any other legitimate purpose. The Department shall | ||||||
26 | cause each gift, grant,
devise, or bequest to be kept as a |
| |||||||
| |||||||
1 | distinct fund and shall invest the same
in the manner provided | ||||||
2 | by the laws of this State relating to securities in
which the | ||||||
3 | deposit in savings banks may be invested. However, the
| ||||||
4 | Department may, at its discretion, deposit in a proper trust | ||||||
5 | company, bank,
or savings bank, during the continuance of the | ||||||
6 | trust, any fund left in
trust for the life of a person and | ||||||
7 | shall adopt rules and regulations
governing the deposit, | ||||||
8 | transfer, or withdrawal of the fund. The Department
shall, on | ||||||
9 | the expiration of any trust as provided in any instrument
| ||||||
10 | creating the trust, dispose of the fund in the manner
provided | ||||||
11 | in the instrument. The Department shall include in its required
| ||||||
12 | reports a statement showing what funds are so held by it and | ||||||
13 | the condition
of the funds; provided that monies found on | ||||||
14 | residents at the time of their
admission or accruing to them | ||||||
15 | during their residence at a Home and monies
deposited with the | ||||||
16 | administrators by relatives, guardians, or friends of
| ||||||
17 | residents for the special comfort and pleasure of the resident | ||||||
18 | shall
remain in the custody of the administrators who shall act | ||||||
19 | as trustees for
disbursement to, on behalf of, or for the | ||||||
20 | benefit of the resident. All
types of retirement and pension | ||||||
21 | benefits from private and public sources
may be paid directly | ||||||
22 | to the administrator of a Home for deposit to
the resident | ||||||
23 | trust fund account.
| ||||||
24 | (Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
| ||||||
25 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
|
| |||||||
| |||||||
1 | Sec. 2.04.
There shall be established in the State Treasury | ||||||
2 | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | ||||||
3 | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | ||||||
4 | Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | ||||||
5 | received by an Illinois Veterans Home from Medicare and from
| ||||||
6 | maintenance charges to veterans, spouses, and surviving | ||||||
7 | spouses residing at
that Home shall be paid into that Home's | ||||||
8 | Fund. All moneys
received from the
U.S. Department of Veterans | ||||||
9 | Affairs for patient care shall be transmitted to
the Treasurer | ||||||
10 | of the State for deposit in the Veterans Home Fund for the Home
| ||||||
11 | in which the veteran resides. Appropriations shall be made from | ||||||
12 | a Fund only
for the needs of the Home, including capital | ||||||
13 | improvements, building
rehabilitation, and repairs. The | ||||||
14 | Illinois Veterans' Homes Fund shall be the Veterans Home Fund | ||||||
15 | for the Illinois Veterans Home at Chicago.
| ||||||
16 | The administrator of each Veterans Home shall establish a
| ||||||
17 | locally-held
member's benefits fund. The Director may | ||||||
18 | authorize the Veterans Home to conduct limited fundraising in | ||||||
19 | accordance with applicable laws and regulations for which the | ||||||
20 | sole purpose is to benefit the Veterans Home's member's | ||||||
21 | benefits fund. Revenues accruing to an Illinois Veterans Home,
| ||||||
22 | including any donations, grants for the operation of the Home, | ||||||
23 | profits from
commissary stores, and funds received from any | ||||||
24 | individual or other source, including limited fundraising,
| ||||||
25 | shall be deposited into that Home's benefits fund. Expenditures | ||||||
26 | from the benefits funds
shall
be solely for the special |
| |||||||
| |||||||
1 | comfort, pleasure, and amusement of residents.
Contributors of | ||||||
2 | unsolicited private donations may specify the purpose for which
| ||||||
3 | the private donations are to be used.
| ||||||
4 | Upon request of the Department, the State's Attorney of the | ||||||
5 | county in which
a resident or living former resident of an | ||||||
6 | Illinois Veterans Home
who is liable under this Act
for payment | ||||||
7 | of sums representing maintenance charges resides shall file
an | ||||||
8 | action in a court of competent jurisdiction against any such | ||||||
9 | person who
fails or refuses to pay such sums. The court may | ||||||
10 | order the payment of sums
due to maintenance charges for such | ||||||
11 | period or periods of time as the
circumstances require.
| ||||||
12 | Upon the death of a person who is or has been a resident of | ||||||
13 | an
Illinois Veterans Home who is
liable for maintenance charges | ||||||
14 | and who is possessed of property, the
Department may present a | ||||||
15 | claim for such sum or for the balance due in
case less than the | ||||||
16 | rate prescribed under this Act has been paid. The
claim shall | ||||||
17 | be allowed and paid as other lawful claims against the estate.
| ||||||
18 | The administrator of each Veterans Home shall establish a
| ||||||
19 | locally-held
trust fund to maintain moneys held for residents. | ||||||
20 | Whenever the Department
finds it necessary to preserve order,
| ||||||
21 | preserve health, or enforce discipline, the resident shall | ||||||
22 | deposit in a
trust account at the Home such monies from any | ||||||
23 | source of income as may
be determined necessary, and | ||||||
24 | disbursement of these funds to the resident
shall be made only | ||||||
25 | by direction of the administrator.
| ||||||
26 | If a resident of an Illinois Veterans Home has a
dependent |
| |||||||
| |||||||
1 | child, spouse, or parent the administrator may
require that all | ||||||
2 | monies
received be deposited in a trust account with dependency | ||||||
3 | contributions
being made at the direction of the administrator. | ||||||
4 | The balance retained
in the trust account shall be disbursed to | ||||||
5 | the resident at the time of
discharge from the Home or to his | ||||||
6 | or her heirs or legal representative
at the time of the | ||||||
7 | resident's death, subject to Department regulations
or order of | ||||||
8 | the court.
| ||||||
9 | The Director of Central Management Services, with the
| ||||||
10 | consent of the Director of Veterans' Affairs, is authorized
and | ||||||
11 | empowered to lease or let any real property held by the | ||||||
12 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
13 | to entities or
persons upon terms and conditions which are | ||||||
14 | considered to be in the best
interest of that Home. The real | ||||||
15 | property must not be needed for any direct
or immediate purpose | ||||||
16 | of the Home. In any leasing or letting, primary
consideration | ||||||
17 | shall be given to the use of real property for agricultural
| ||||||
18 | purposes, and all moneys received shall be transmitted to the | ||||||
19 | Treasurer of
the State for deposit in the appropriate Veterans | ||||||
20 | Home Fund.
| ||||||
21 | (Source: P.A. 99-314, eff. 8-7-15.)
| ||||||
22 | Section 10. The Illinois Library System Act is amended by | ||||||
23 | changing Section 8.6 as follows:
| ||||||
24 | (75 ILCS 10/8.6)
|
| |||||||
| |||||||
1 | Sec. 8.6. Illinois Veterans Veteran's Home Libraries.
The | ||||||
2 | State Librarian shall distribute annual grants for initiatives | ||||||
3 | of library
development and services within Illinois Veterans | ||||||
4 | Veteran's Home libraries located in
Quincy, Manteno, LaSalle, | ||||||
5 | Chicago, and Anna upon the approval by the State Librarian of
| ||||||
6 | application from libraries. Grants made under this Section | ||||||
7 | shall be made only
from the Secretary of State Special License | ||||||
8 | Plate Fund. The State Librarian
shall establish the criteria | ||||||
9 | for awarding the grants by rule.
| ||||||
10 | (Source: P.A. 89-697, eff. 1-6-97.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|