HB5058ham001 93RD GENERAL ASSEMBLY

Aging Committee

Filed: 03/04/04

09300HB5058ham001 LRB093 19047 AMC 48475 a

AMENDMENT TO HOUSE BILL 5058

AMENDMENT NO. ______. Amend House Bill 5058 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Act on the Aging is amended by adding Section 8.08 as follows:

(20 ILCS 105/8.08 new)

Sec. 8.08. Critical access service areas; Long-term Care Services for Older Adults Fund.

(a) For the purposes of this Section:

"Coordinating Committee" means the Housing, Health, and Supportive Services for Older Adults Coordinating Committee established in subsection (d) of this Section.

"Critical access service area" means an area of the State that is being underserved with respect to services, on the basis of being more than 30 minutes travel time under normal driving conditions from the next nearest provider, or an underserved area or health professional shortage area served by a single provider.

"Provider" means any supplier of services to an older adult under this Act.

"Services" includes housing, health, and supportive services.

(b) The Director of Aging, in collaboration with the Director of Public Health and the Director of Public Aid and in consultation with the Coordinating Committee, shall monitor and analyze the distribution of services for older adults in each geographic area of the State, identify service deficits or problems, and designate critical access service areas. By July 1, 2005 and every 5 years thereafter, the Director of Aging shall submit to the General Assembly an assessment of the availability of services that identifies service deficits or problems and includes a plan to address these deficits or problems.

(c) At the end of each State fiscal year, except for continuing appropriations subject to subsection (b) of Section 25 of the State Finance Act, any unexpended and unreserved General Revenue Fund appropriations for long-term care for older adults, including nursing facilities, elderly waivers, alternative care, and home care services, shall be deposited into the Long-Term Care Services for Older Adults Fund, a special fund hereby created in the State treasury that is not subject to Section 8h of the State Finance Act. Moneys in the Fund shall be used to fund the following alternative long-term care services, with priority given to the distribution of funds for services in critical access service areas:

(1) adult day services;

(2) home health services;

(3) homemaker services;

(4) personal care;

(5) case management;

(6) respite care;

(7) services provided under the Assisted Living and Shared Housing Act, sheltered care services that meet the requirements of the Assisted Living and Shared Housing Act, or services provided under Section 5-5.01a of the Public Aid Code, the Supportive Living Facilities Pilot Program;

(8) emergency response services;

(9) transition services;

(10) residential care services;

(11) care-related supplies and equipment;

(12) meals delivered to the home;

(13) congregate meals;

(14) money management;

(15) transportation;

(16) companion services;

(17) nutrition services;

(18) family care services;

(19) training for direct informal caregivers;

(20) telemedicine devices to monitor recipients in their own homes as an alternative to hospital care, nursing home care, or home visits;

(21) environmental modifications;

(22) adult day services for persons with Alzheimer's disease and related dementias;

(23) senior centers; and

(24) other programs designed to assist older Illinoisans to remain independent and receive services in the most integrated setting possible for that person.

(d) The Housing, Health, and Supportive Services for Older Adults Coordinating Committee is hereby created. The Committee shall be comprised of the following:

(1) The Director of Aging or his or her designee, who shall serve as chair and shall be an ex officio and nonvoting member.

(2) The Director of Public Aid and the Director of Public Health, who shall serve as vice-chairs and shall be ex officio and nonvoting members.

(3) One representative each of the Department of Public Aid, the Department of Public Health, the Department of Human Services, the Department of Insurance, the Department of Commerce and Economic Affairs, the Department on Aging, the Office of the State Ombudsman, and the Illinois Housing Finance Authority, who shall be appointed by the Governor and shall be nonvoting members.

(4) One member appointed by the Governor selected from the recommendations of the statewide organization representing the Area Agencies on Aging.

(5) Four members appointed by the Governor selected from the recommendations of statewide provider organizations whose membership consists of nursing homes or assisted living establishments.

(6) One member appointed by the Governor selected from the recommendations of the statewide provider organization whose membership consists of home health agencies.

(7) One member appointed by the Governor selected from the recommendations of the statewide provider organization whose membership provides case coordination services.

(8) Two members appointed by the Governor selected from the recommendations of statewide senior center associations.

(9) One member appointed by the Governor selected from the recommendations of statewide provider organizations whose membership provides community care homemaker services.

(10) One member appointed by the Governor selected from the recommendations of the statewide provider organization whose membership provides community care adult day services.

(11) One member appointed by the Governor selected from the recommendations of the statewide provider organization representing nutrition project directors.

(12) Two members appointed by the Governor selected from the recommendations of statewide membership based organizations that engage solely in advocacy or legal representation on behalf of the senior population.

(13) One member appointed by the Governor selected from the recommendations of organizations representing individuals with Alzheimer's disease and related dementias.

(14) Two members appointed by the Governor selected from the recommendations of statewide trade or labor unions.

(15) One professional nurse appointed by the Governor selected from the recommendations of statewide professional nursing associations.

(16) One physician appointed by the Governor specializing in gerontology selected from the recommendations of statewide organizations representing physicians.

Members of the Coordinating Committee appointed by the Governor shall be appointed to serve for terms of 3 years. All members shall be appointed no later than January 1, 2005. Of the initial appointees, 6 members shall serve a term of one year; 6 shall serve for a term of 2 years; and 7 shall serve for a term of 3 years. A member's term does not expire until a successor is appointed by the Governor. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Committee shall meet at the call of the Chair. The affirmative vote of 10 members of the Coordinating Committee shall be necessary for committee action. Members of the Coordinating Committee shall receive no compensation for their services.

(e) Nothing in this Section prevents a nursing facility from being eligible to provide any of the services listed in subsection (c).

Section 10. The State Finance Act is amended by amending Section 8h and by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Long-term Care Services for Older Adults Fund.

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund.

(a) Except as provided in subsection (b), notwithstanding Notwithstanding any other State law to the contrary, the Director of the Governor's Office of Management and Budget may from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year. The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of 8% of the revenues to be deposited into the fund during that year or 25% of the beginning balance in the fund. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use or to any funds in the Motor Fuel Tax Fund or the Hospital Provider Fund. Notwithstanding any other provision of this Section, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed 5% of the revenues to be deposited into the fund during that year.

In determining the available balance in a fund, the Director of the Governor's Office of Management and Budget may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.

The State Treasurer and Comptroller shall transfer the amounts designated under this Section as soon as may be practicable after receiving the direction to transfer from the Director of the Governor's Office of Management and Budget.

(b) This Section does not apply to the Long-term Care Services for Older Adults Fund.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)

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