Full Text of HB1587 102nd General Assembly
HB1587ham001 102ND GENERAL ASSEMBLY | Rep. Maurice A. West, II Filed: 2/24/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1587
| 2 | | AMENDMENT NO. ______. Amend House Bill 1587 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Home | 5 | | Modification Program Act. | 6 | | Section 5. Findings. The General Assembly finds and | 7 | | declares the following: | 8 | | (1) The national average monthly cost for a private | 9 | | nursing home room in 2020 was $8,821 ($105,852 annually). | 10 | | Home modifications paired with other resources can allow | 11 | | individuals to remain in their homes at a lower overall | 12 | | expense. | 13 | | (2) According to an AARP study, 90% of people age 65 | 14 | | and over would prefer to stay in their own homes as they | 15 | | get older and not go to a nursing home or assisted living | 16 | | facility. |
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| 1 | | (3) On June 22, 1999, the United States Supreme Court | 2 | | held in Olmstead v. L.C., 119 S. Ct. 2176 (1999), that | 3 | | unjustified segregation of persons with disabilities | 4 | | constitutes discrimination in violation of Title II of the | 5 | | Americans with Disabilities Act. At the heart of its | 6 | | decision were 2 concepts. First, "institutional placement | 7 | | of persons who can handle and benefit from community | 8 | | settings perpetuates unwarranted assumptions that persons | 9 | | so isolated are incapable of or unworthy of participating | 10 | | in community life". Second, "confinement in an institution | 11 | | severely diminishes the everyday life activities of | 12 | | individuals, including family relations, social contacts, | 13 | | work options, economic independence, educational | 14 | | advancement, and cultural enrichment". | 15 | | (4) The United States has roughly 1,200,000 adults in | 16 | | nursing homes and over 360,000 people in psychiatric and | 17 | | other 24-hour care institutions across the country, and | 18 | | waiting lists for housing subsidies across the country | 19 | | average over 2,000 households per list and have a median | 20 | | of 1.5 years, and up to 7-year waits in some areas. | 21 | | (5) There is an estimated shortage of 7,000,000 | 22 | | affordable housing units and less than 5% of the units | 23 | | that do exist fit access standards for individuals with | 24 | | moderate mobility needs. In Chicago, less than 1% of units | 25 | | are accessible. | 26 | | (6) With a growing shortage of nurses and caregivers, |
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| 1 | | home modifications can reduce the need for home support | 2 | | and alleviate stress on the health care system. | 3 | | (7) Current grant recipients of home modifications | 4 | | funding have not had access to the expertise needed to | 5 | | effectively provide resources and or services for people | 6 | | with disabilities. Centers for independent living possess | 7 | | the expertise to provide knowledgeable guidance to assist | 8 | | people with disabilities with home modifications through | 9 | | accessibility audits of current or prospective homes to | 10 | | guarantee equal opportunity to live in the community. | 11 | | Section 10. Purpose. The purpose of this Act is to | 12 | | establish a home modification funding system that is | 13 | | streamlined, effective, and administered by experts within the | 14 | | disability community. | 15 | | Section 15. Definitions. As used in this Act: | 16 | | "Home modification" means any change to the structure | 17 | | of a residential home or property to create barrier free | 18 | | living, provide access to and from the home, or avoid | 19 | | institutionalized or congregate placement for persons with | 20 | | a disability. | 21 | | "Disability" means, with respect to an individual: | 22 | | (1) a physical or mental impairment that | 23 | | substantially limits one or more major life activities | 24 | | of the individual; |
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| 1 | | (2) a record of such an impairment; or | 2 | | (3) being regarded as having such an impairment. | 3 | | An individual meets the requirement of "being regarded | 4 | | as having such an impairment" if the individual | 5 | | establishes that he or she has been subjected to an | 6 | | action prohibited under the Americans with | 7 | | Disabilities Act of 1990 because of an actual or | 8 | | perceived physical or mental impairment whether or not | 9 | | the impairment limits or is perceived to limit a major | 10 | | life activity. | 11 | | Section 20. Home Modification Program. The Department of | 12 | | Human Services shall establish a Home Modification Program to | 13 | | provide financial assistance to persons with disabilities for | 14 | | home modification projects. The Department shall designate a | 15 | | statewide association that represents centers for independent | 16 | | living to serve as the lead agency to administer the program. | 17 | | The Department shall provide funding to the lead agency for | 18 | | the program. The lead agency shall distribute any moneys it | 19 | | receives from the Department to the State's 22 centers for | 20 | | independent living, covering all 102 counties. The lead agency | 21 | | shall ensure that each center for independent living has | 22 | | access to at least $105,000 to use for home modification | 23 | | projects, with the excess funds subject to reallocation during | 24 | | the 4th fiscal quarter of each year. |
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| 1 | | Section 25. Home modification standards and | 2 | | qualifications. | 3 | | (a) To qualify for financial assistance under the Home | 4 | | Modification Program, an applicant must: | 5 | | (1) be a resident of the State of Illinois; | 6 | | (2) be a person with a disability as defined in | 7 | | Section 15; | 8 | | (3) have proof of disability from an agency other than | 9 | | a center for independent living; | 10 | | (4) be a homeowner or a residential tenant who has | 11 | | obtained the permission of his or her landlord to make the | 12 | | home modification. If a tenant and landlord agree to the | 13 | | home modification, both parties must sign off on final | 14 | | approval, as well as sign a statement of non-fraudulent | 15 | | intent; and | 16 | | (5) have income that does not exceed 200% of area | 17 | | median income. | 18 | | An applicant may be subject to additional reasonable | 19 | | requirements established by the lead agency that further the | 20 | | purposes of this Act. | 21 | | (b) Assessment. | 22 | | (1) An applicant's home must undergo a thorough | 23 | | assessment by a trained center for independent living | 24 | | staff member. The staff member shall make a written report | 25 | | of the results of the assessment. | 26 | | (2) The lead agency shall establish a Home |
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| 1 | | Modification Subcommittee of experienced center for | 2 | | independent living staff to provide additional oversight, | 3 | | including, but not limited to: | 4 | | (A) Reviewing the submitted assessment report and | 5 | | bid for at least the first 3 home modification | 6 | | requests from a center for independent living or when | 7 | | new staff is hired. | 8 | | (B) Reviewing any request for more than $35,000. | 9 | | (c) Contractors. | 10 | | (1) When selecting a contractor, a center for | 11 | | independent living must seek bids from at least 2 | 12 | | contractors, choosing the lowest responsible bidder. | 13 | | (2) All contractors must be licensed, where | 14 | | applicable, insured, and follow all local, State, and | 15 | | federal requirements.
| 16 | | Section 30. Administration of home modification funds. The | 17 | | lead agency shall receive an administrative fee of 3% from all | 18 | | moneys that are passed through the lead agency for the purpose | 19 | | of the Home Modification Program.".
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