Full Text of SB1472 102nd General Assembly
SB1472sam001 102ND GENERAL ASSEMBLY | Sen. Sally J. Turner Filed: 4/7/2021
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| 1 | | AMENDMENT TO SENATE BILL 1472
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1472 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Veterans' Affairs Act is | 5 | | amended by changing Sections 2.01, 2.03, and 2.04 and by | 6 | | adding Sections 2i and 2.01d as follows: | 7 | | (20 ILCS 2805/2i new) | 8 | | Sec. 2i. The Illinois Veterans' Home of Central Illinois | 9 | | Fund. The Illinois Veterans' Home of Central Illinois Fund is | 10 | | hereby created as a special fund in the State treasury. From | 11 | | appropriations to the Department from the Fund, the Department | 12 | | shall purchase needed equipment and supplies to enhance the | 13 | | lives of the residents at and for the operations of veterans' | 14 | | homes in central Illinois, including capital improvements, | 15 | | building rehabilitation, and repairs.
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| 1 | | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
| 2 | | Sec. 2.01. Veterans Home admissions.
| 3 | | (a) Any honorably discharged veteran
is entitled to | 4 | | admission to an Illinois
Veterans Home if the applicant meets | 5 | | the requirements of this Section.
| 6 | | (b)
The veteran must: | 7 | | (1) have served in the armed forces of the United | 8 | | States at least
1 day in World War II, the Korean
Conflict, | 9 | | the Viet Nam Campaign, or the Persian Gulf Conflict
| 10 | | between the dates recognized by the U.S. Department of | 11 | | Veterans Affairs or
between any other present or future | 12 | | dates recognized by the U.S. Department of
Veterans | 13 | | Affairs as a war period, or have served in a hostile fire
| 14 | | environment and has been awarded a campaign or | 15 | | expeditionary medal
signifying his or her service,
for | 16 | | purposes of eligibility for domiciliary or
nursing home | 17 | | care; | 18 | | (2) have served and been honorably discharged or | 19 | | retired from the armed forces of the United States for a | 20 | | service connected disability or injury, for purposes of | 21 | | eligibility for domiciliary or
nursing home care; | 22 | | (3) have served as an enlisted person at least 90 days | 23 | | on active duty in the armed forces of the United States, | 24 | | excluding service on active duty for training purposes | 25 | | only, and entered active duty before September 8, 1980, | 26 | | for purposes of eligibility for domiciliary or
nursing |
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| 1 | | home care; | 2 | | (4) have served as an officer at least 90 days on | 3 | | active duty in the armed forces of the United States, | 4 | | excluding service on active duty for training purposes | 5 | | only, and entered active duty before October 17, 1981, for | 6 | | purposes of eligibility for domiciliary or
nursing home | 7 | | care; | 8 | | (5) have served on active duty in the armed forces of | 9 | | the United States for 24 months of continuous service or | 10 | | more, excluding active duty for training purposes only, | 11 | | and enlisted after September 7, 1980, for purposes of | 12 | | eligibility for domiciliary or
nursing home care; | 13 | | (6) have served as a reservist in the armed forces of | 14 | | the United States or the National Guard and the service | 15 | | included being called to federal active duty, excluding | 16 | | service on active duty for training purposes only, and who | 17 | | completed the term,
for purposes of eligibility for | 18 | | domiciliary or nursing home care;
| 19 | | (7) have been discharged for reasons of hardship or | 20 | | released from active duty due to a reduction in the United | 21 | | States armed forces prior to the completion of the | 22 | | required period of service, regardless of the actual time | 23 | | served, for purposes of eligibility for domiciliary or | 24 | | nursing home care; or
| 25 | | (8) have served in the National Guard or Reserve | 26 | | Forces of the
United States and completed 20 years of |
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| 1 | | satisfactory service, be
otherwise eligible to receive | 2 | | reserve or active duty retirement
benefits, and have been | 3 | | an Illinois resident for at least one year
before applying | 4 | | for admission for purposes of eligibility
for domiciliary | 5 | | care only.
| 6 | | (c) The veteran must have service accredited to the State | 7 | | of Illinois or
have been a resident of this State for one year | 8 | | immediately
preceding the date of application.
| 9 | | (d) For admission to the Illinois Veterans Homes at Anna | 10 | | and
Quincy, the veteran must have developed a disability by | 11 | | disease, wounds, or otherwise and because
of the disability be | 12 | | incapable of earning a living.
| 13 | | (e) For admission to the Illinois Veterans Homes at | 14 | | Chicago, LaSalle, Lincoln, and Manteno,
the veteran must have | 15 | | developed a disability by disease, wounds, or otherwise and, | 16 | | for purposes of eligibility
for nursing home care, require | 17 | | nursing care because of the disability. | 18 | | (f) An individual who served during a time of conflict as | 19 | | set forth in paragraph (1) of subsection (b) of this Section | 20 | | has preference over all other qualifying candidates, for | 21 | | purposes of eligibility for domiciliary or
nursing home care | 22 | | at any Illinois Veterans Home.
| 23 | | (g) A veteran or spouse, once admitted to an Illinois | 24 | | Veterans Home facility, is considered a resident for | 25 | | interfacility purposes. | 26 | | (h) A non-veteran spouse shall only have the same priority |
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| 1 | | for admission to a Veterans Home as a veteran if the | 2 | | non-veteran spouse and his or her veteran spouse are admitted | 3 | | at the same time to live together at the Veterans Home. | 4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | 5 | | 99-642, eff. 7-28-16; 100-392, eff. 8-25-17; 100-942, eff. | 6 | | 1-1-19 .)
| 7 | | (20 ILCS 2805/2.01d new) | 8 | | Sec. 2.01d. Illinois Veterans Home at Lincoln. The | 9 | | Illinois Veterans Home at Lincoln is established. The | 10 | | Department shall operate and maintain the Illinois Veterans | 11 | | Home at Lincoln.
| 12 | | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
| 13 | | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | 14 | | Home are
subject to the rules and regulations adopted by the | 15 | | Department of Veterans'
Affairs to govern the admission of | 16 | | applicants.
| 17 | | Each resident of a Home is liable for the payment of sums
| 18 | | representing maintenance charges for care at the Home at a | 19 | | rate to
be determined by the Department, based on the | 20 | | resident's ability to pay.
However, the charges shall not | 21 | | exceed the average annual per
capita cost of maintaining the | 22 | | resident in the Home. The Department,
upon being furnished | 23 | | proof of payment, shall in its discretion
make allowances for | 24 | | unusual expenses in determining the
ability of the resident to |
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| 1 | | pay maintenance charges.
| 2 | | The basis upon which the payment of maintenance charges | 3 | | shall be
calculated by the Department is the average per | 4 | | capita cost
for the care of all residents at each Home for the | 5 | | fiscal year
immediately preceding the period for which the | 6 | | rate for each
Home is being calculated.
| 7 | | The Department may require residents to pay charges | 8 | | monthly,
quarterly, or otherwise as may be most suitably | 9 | | arranged for the
individual members. The amounts received from | 10 | | each Home for the
charges shall be transmitted to the | 11 | | Treasurer of the State of Illinois
for deposit in each | 12 | | Veterans Home Fund, respectively, except that receipts | 13 | | attributable to the Illinois Veterans Home at Chicago shall be | 14 | | deposited into the Illinois Veterans' Homes Fund , and receipts | 15 | | attributable to the Illinois Veterans Home at Lincoln shall be | 16 | | deposited into the Illinois Veterans' Home of Central Illinois | 17 | | Fund .
| 18 | | The Department may investigate the financial condition of | 19 | | residents
of a Home to determine their ability to pay | 20 | | maintenance charges and
to establish standards as a basis of | 21 | | judgment for such determination.
Such standards shall be | 22 | | recomputed periodically to reflect
changes in the cost of | 23 | | living and other pertinent factors.
| 24 | | Refusal to pay the maintenance charges is cause for | 25 | | discharge
of a resident from a Home.
| 26 | | The Department may collect any medical or health benefits
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| 1 | | to which a resident may become entitled through tax
supported | 2 | | or privately financed systems of insurance, as a
result of his | 3 | | or her care or treatment in the facilities provided by the
| 4 | | Department, or because of care or treatment in other | 5 | | facilities
when such care or treatment has been paid for by the | 6 | | Department.
| 7 | | Admission of a resident is not limited or conditioned in | 8 | | any manner
by the financial status of the resident or his or | 9 | | her ability to pay
maintenance charges.
| 10 | | The Department may accept and hold on behalf of the State, | 11 | | if for the
public interest, a grant, gift, devise, or bequest | 12 | | of money or property to
the Department made in trust for the | 13 | | maintenance or support of a resident
of an Illinois Veterans | 14 | | Home or for any other legitimate purpose. The Department shall | 15 | | cause each gift, grant,
devise, or bequest to be kept as a | 16 | | distinct fund and shall invest the same
in the manner provided | 17 | | by the laws of this State relating to securities in
which the | 18 | | deposit in savings banks may be invested. However, the
| 19 | | Department may, at its discretion, deposit in a proper trust | 20 | | company, bank,
or savings bank, during the continuance of the | 21 | | trust, any fund left in
trust for the life of a person and | 22 | | shall adopt rules and regulations
governing the deposit, | 23 | | transfer, or withdrawal of the fund. The Department
shall, on | 24 | | the expiration of any trust as provided in any instrument
| 25 | | creating the trust, dispose of the fund in the manner
provided | 26 | | in the instrument. The Department shall include in its |
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| 1 | | required
reports a statement showing what funds are so held by | 2 | | it and the condition
of the funds; provided that monies found | 3 | | on residents at the time of their
admission or accruing to them | 4 | | during their residence at a Home and monies
deposited with the | 5 | | administrators by relatives, guardians, or friends of
| 6 | | residents for the special comfort and pleasure of the resident | 7 | | shall
remain in the custody of the administrators who shall | 8 | | act as trustees for
disbursement to, on behalf of, or for the | 9 | | benefit of the resident. All
types of retirement and pension | 10 | | benefits from private and public sources
may be paid directly | 11 | | to the administrator of a Home for deposit to
the resident | 12 | | trust fund account.
| 13 | | (Source: P.A. 100-392, eff. 8-25-17.)
| 14 | | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
| 15 | | Sec. 2.04.
There shall be established in the State | 16 | | Treasury special funds
known as (i) the LaSalle Veterans Home | 17 | | Fund, (ii) the Anna Veterans Home Fund,
(iii) the Manteno | 18 | | Veterans Home Fund, and (iv) the Quincy Veterans Home
Fund.
| 19 | | All moneys received by an Illinois Veterans Home from Medicare | 20 | | and from
maintenance charges to veterans, spouses, and | 21 | | surviving spouses residing at
that Home shall be paid into | 22 | | that Home's Fund. All moneys
received from the
U.S. Department | 23 | | of Veterans Affairs for patient care shall be transmitted to
| 24 | | the Treasurer of the State for deposit in the Veterans Home | 25 | | Fund for the Home
in which the veteran resides. Appropriations |
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| 1 | | shall be made from a Fund only
for the needs of the Home, | 2 | | including capital improvements, building
rehabilitation, and | 3 | | repairs. The Illinois Veterans' Homes Fund shall be the | 4 | | Veterans Home Fund for the Illinois Veterans Home at Chicago. | 5 | | The Illinois Veterans' Home of Central Illinois Fund shall be | 6 | | the Veterans Home Fund for the Illinois Veterans Home at | 7 | | Lincoln.
| 8 | | The administrator of each Veterans Home shall establish a
| 9 | | locally-held
member's benefits fund. The Director may | 10 | | authorize the Veterans Home to conduct limited fundraising in | 11 | | accordance with applicable laws and regulations for which the | 12 | | sole purpose is to benefit the Veterans Home's member's | 13 | | benefits fund. Revenues accruing to an Illinois Veterans Home,
| 14 | | including any donations, grants for the operation of the Home, | 15 | | profits from
commissary stores, and funds received from any | 16 | | individual or other source, including limited fundraising,
| 17 | | shall be deposited into that Home's benefits fund. | 18 | | Expenditures from the benefits funds
shall
be solely for the | 19 | | special comfort, pleasure, and amusement of residents.
| 20 | | Contributors of unsolicited private donations may specify the | 21 | | purpose for which
the private donations are to be used.
| 22 | | Upon request of the Department, the State's Attorney of | 23 | | the county in which
a resident or living former resident of an | 24 | | Illinois Veterans Home
who is liable under this Act
for | 25 | | payment of sums representing maintenance charges resides shall | 26 | | file
an action in a court of competent jurisdiction against |
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| 1 | | any such person who
fails or refuses to pay such sums. The | 2 | | court may order the payment of sums
due to maintenance charges | 3 | | for such period or periods of time as the
circumstances | 4 | | require.
| 5 | | Upon the death of a person who is or has been a resident of | 6 | | an
Illinois Veterans Home who is
liable for maintenance | 7 | | charges and who is possessed of property, the
Department may | 8 | | present a claim for such sum or for the balance due in
case | 9 | | less than the rate prescribed under this Act has been paid. The
| 10 | | claim shall be allowed and paid as other lawful claims against | 11 | | the estate.
| 12 | | The administrator of each Veterans Home shall establish a
| 13 | | locally-held
trust fund to maintain moneys held for residents. | 14 | | Whenever the Department
finds it necessary to preserve order,
| 15 | | preserve health, or enforce discipline, the resident shall | 16 | | deposit in a
trust account at the Home such monies from any | 17 | | source of income as may
be determined necessary, and | 18 | | disbursement of these funds to the resident
shall be made only | 19 | | by direction of the administrator.
| 20 | | If a resident of an Illinois Veterans Home has a
dependent | 21 | | child, spouse, or parent the administrator may
require that | 22 | | all monies
received be deposited in a trust account with | 23 | | dependency contributions
being made at the direction of the | 24 | | administrator. The balance retained
in the trust account shall | 25 | | be disbursed to the resident at the time of
discharge from the | 26 | | Home or to his or her heirs or legal representative
at the time |
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| 1 | | of the resident's death, subject to Department regulations
or | 2 | | order of the court.
| 3 | | The Director of Central Management Services, with the
| 4 | | consent of the Director of Veterans' Affairs, is authorized
| 5 | | and empowered to lease or let any real property held by the | 6 | | Department of
Veterans' Affairs for an Illinois Veterans Home | 7 | | to entities or
persons upon terms and conditions which are | 8 | | considered to be in the best
interest of that Home. The real | 9 | | property must not be needed for any direct
or immediate | 10 | | purpose of the Home. In any leasing or letting, primary
| 11 | | consideration shall be given to the use of real property for | 12 | | agricultural
purposes, and all moneys received shall be | 13 | | transmitted to the Treasurer of
the State for deposit in the | 14 | | appropriate Veterans Home Fund.
| 15 | | (Source: P.A. 99-314, eff. 8-7-15; 100-392, eff. 8-25-17.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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