Full Text of HB1587 102nd General Assembly
HB1587eng 102ND GENERAL ASSEMBLY |
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| 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 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. | 17 | | (3) On June 22, 1999, the United States Supreme Court | 18 | | held in Olmstead v. L.C., 119 S. Ct. 2176 (1999), that | 19 | | unjustified segregation of persons with disabilities | 20 | | constitutes discrimination in violation of Title II of the | 21 | | Americans with Disabilities Act. At the heart of its | 22 | | decision were 2 concepts. First, "institutional placement | 23 | | of persons who can handle and benefit from community |
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| 1 | | settings perpetuates unwarranted assumptions that persons | 2 | | so isolated are incapable of or unworthy of participating | 3 | | in community life". Second, "confinement in an institution | 4 | | severely diminishes the everyday life activities of | 5 | | individuals, including family relations, social contacts, | 6 | | work options, economic independence, educational | 7 | | advancement, and cultural enrichment". | 8 | | (4) The United States has roughly 1,200,000 adults in | 9 | | nursing homes and over 360,000 people in psychiatric and | 10 | | other 24-hour care institutions across the country, and | 11 | | waiting lists for housing subsidies across the country | 12 | | average over 2,000 households per list and have a median | 13 | | of 1.5 years, and up to 7-year waits in some areas. | 14 | | (5) There is an estimated shortage of 7,000,000 | 15 | | affordable housing units and less than 5% of the units | 16 | | that do exist fit access standards for individuals with | 17 | | moderate mobility needs. In Chicago, less than 1% of units | 18 | | are accessible. | 19 | | (6) With a growing shortage of nurses and caregivers, | 20 | | home modifications can reduce the need for home support | 21 | | and alleviate stress on the health care system. | 22 | | (7) Current grant recipients of home modifications | 23 | | funding have not had access to the expertise needed to | 24 | | effectively provide resources and or services for people | 25 | | with disabilities. Centers for independent living possess | 26 | | the expertise to provide knowledgeable guidance to assist |
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| 1 | | people with disabilities with home modifications through | 2 | | accessibility audits of current or prospective homes to | 3 | | guarantee equal opportunity to live in the community. | 4 | | Section 10. Purpose. The purpose of this Act is to | 5 | | establish a home modification funding system that is | 6 | | streamlined, effective, and administered by experts within the | 7 | | disability community. | 8 | | Section 15. Definitions. As used in this Act: | 9 | | "Home modification" means any change to the structure | 10 | | of a residential home or property to create barrier free | 11 | | living, provide access to and from the home, or avoid | 12 | | institutionalized or congregate placement for persons with | 13 | | a disability. | 14 | | "Disability" means, with respect to an individual: | 15 | | (1) a physical or mental impairment that | 16 | | substantially limits one or more major life activities | 17 | | of the individual; | 18 | | (2) a record of such an impairment; or | 19 | | (3) being regarded as having such an impairment. | 20 | | An individual meets the requirement of "being regarded | 21 | | as having such an impairment" if the individual | 22 | | establishes that he or she has been subjected to an | 23 | | action prohibited under the Americans with | 24 | | Disabilities Act of 1990 because of an actual or |
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| 1 | | perceived physical or mental impairment whether or not | 2 | | the impairment limits or is perceived to limit a major | 3 | | life activity. | 4 | | Section 20. Home Modification Program. The Department of | 5 | | Human Services shall establish a Home Modification Program to | 6 | | provide financial assistance to persons with disabilities for | 7 | | home modification projects. The Department shall designate a | 8 | | statewide association that represents centers for independent | 9 | | living to serve as the lead agency to administer the program. | 10 | | The Department shall provide funding to the lead agency for | 11 | | the program. The lead agency shall distribute any moneys it | 12 | | receives from the Department to the State's 22 centers for | 13 | | independent living, covering all 102 counties. The lead agency | 14 | | shall ensure that each center for independent living has | 15 | | access to at least $105,000 to use for home modification | 16 | | projects, with the excess funds subject to reallocation during | 17 | | the 4th fiscal quarter of each year. The requirements of this | 18 | | Section are subject to the availability of appropriations to | 19 | | the Department of Human Services in an amount sufficient for | 20 | | the Department to implement and administer the Home | 21 | | Modification Program. | 22 | | Section 25. Home modification standards and | 23 | | qualifications. | 24 | | (a) To qualify for financial assistance under the Home |
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| 1 | | Modification Program, an applicant must: | 2 | | (1) be a resident of the State of Illinois; | 3 | | (2) be a person with a disability as defined in | 4 | | Section 15; | 5 | | (3) have proof of disability from an agency other than | 6 | | a center for independent living; | 7 | | (4) be a homeowner or a residential tenant who has | 8 | | obtained the permission of his or her landlord to make the | 9 | | home modification. If a tenant and landlord agree to the | 10 | | home modification, both parties must sign off on final | 11 | | approval, as well as sign a statement of non-fraudulent | 12 | | intent; and | 13 | | (5) have income that does not exceed 200% of area | 14 | | median income. | 15 | | An applicant may be subject to additional reasonable | 16 | | requirements established by the lead agency that further the | 17 | | purposes of this Act. | 18 | | (b) Assessment. | 19 | | (1) An applicant's home must undergo a thorough | 20 | | assessment by a trained center for independent living | 21 | | staff member. The staff member shall make a written report | 22 | | of the results of the assessment. | 23 | | (2) The lead agency shall establish a Home | 24 | | Modification Subcommittee of experienced center for | 25 | | independent living staff to provide additional oversight, | 26 | | including, but not limited to: |
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| 1 | | (A) Reviewing the submitted assessment report and | 2 | | bid for at least the first 3 home modification | 3 | | requests from a center for independent living or when | 4 | | new staff is hired. | 5 | | (B) Reviewing any request for more than $35,000. | 6 | | (c) Contractors. | 7 | | (1) When selecting a contractor, a center for | 8 | | independent living must seek bids from at least 2 | 9 | | contractors, choosing the lowest responsible bidder. | 10 | | (2) All contractors must be licensed, where | 11 | | applicable, insured, and follow all local, State, and | 12 | | federal requirements.
| 13 | | Section 30. Administration of home modification funds. The | 14 | | lead agency shall receive an administrative fee of 3% from all | 15 | | moneys that are passed through the lead agency for the purpose | 16 | | of the Home Modification Program.
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