Illinois General Assembly - Full Text of HB1587
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Full Text of HB1587  102nd General Assembly


Rep. Maurice A. West, II

Filed: 2/24/2022





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2    AMENDMENT NO. ______. Amend House Bill 1587 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Home
5Modification Program Act.
6    Section 5. Findings. The General Assembly finds and
7declares 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
12establish a home modification funding system that is
13streamlined, effective, and administered by experts within the
14disability 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
12Human Services shall establish a Home Modification Program to
13provide financial assistance to persons with disabilities for
14home modification projects. The Department shall designate a
15statewide association that represents centers for independent
16living to serve as the lead agency to administer the program.
17The Department shall provide funding to the lead agency for
18the program. The lead agency shall distribute any moneys it
19receives from the Department to the State's 22 centers for
20independent living, covering all 102 counties. The lead agency
21shall ensure that each center for independent living has
22access to at least $105,000 to use for home modification
23projects, with the excess funds subject to reallocation during
24the 4th fiscal quarter of each year.



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1    Section 25. Home modification standards and
3    (a) To qualify for financial assistance under the Home
4Modification 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
19requirements established by the lead agency that further the
20purposes 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
17lead agency shall receive an administrative fee of 3% from all
18moneys that are passed through the lead agency for the purpose
19of the Home Modification Program.".