Full Text of HB0752 96th General Assembly
HB0752enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Older Adult Services Act is amended by | 5 |
| changing Section 25 as follows: | 6 |
| (320 ILCS 42/25)
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| Sec. 25. Older adult services restructuring. No later than | 8 |
| January 1, 2005, the Department shall commence the process of | 9 |
| restructuring the older adult services delivery system. | 10 |
| Priority shall be given to both the expansion of services and | 11 |
| the development of new services in priority service areas. | 12 |
| Subject to the availability of funding, the restructuring shall | 13 |
| include, but not be limited to, the following:
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| (1) Planning. The Department on Aging and the Departments | 15 |
| of Public Health and Healthcare and Family Services shall | 16 |
| develop a plan to restructure the State's service delivery | 17 |
| system for older adults pursuant to this Act no later than | 18 |
| September 30, 2010 . The plan shall include a schedule for the | 19 |
| implementation of the initiatives outlined in this Act and all | 20 |
| other initiatives identified by the participating agencies to | 21 |
| fulfill the purposes of this Act and shall protect the rights | 22 |
| of all older Illinoisans to services based on their health | 23 |
| circumstances and functioning level, regardless of whether |
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| they receive their care in their homes, in a community setting, | 2 |
| or in a residential facility . Financing for older adult | 3 |
| services shall be based on the principle that "money follows | 4 |
| the individual" taking into account individual preference, but | 5 |
| shall not jeopardize the health, safety, or level of care of | 6 |
| nursing home residents . The plan shall also identify potential | 7 |
| impediments to delivery system restructuring and include any | 8 |
| known regulatory or statutory barriers. | 9 |
| (2) Comprehensive case management. The Department shall | 10 |
| implement a statewide system of holistic comprehensive case | 11 |
| management. The system shall include the identification and | 12 |
| implementation of a universal, comprehensive assessment tool | 13 |
| to be used statewide to determine the level of functional, | 14 |
| cognitive, socialization, and financial needs of older adults. | 15 |
| This tool shall be supported by an electronic intake, | 16 |
| assessment, and care planning system linked to a central | 17 |
| location. "Comprehensive case management" includes services | 18 |
| and coordination such as (i) comprehensive assessment of the | 19 |
| older adult (including the physical, functional, cognitive, | 20 |
| psycho-social, and social needs of the individual); (ii) | 21 |
| development and implementation of a service plan with the older | 22 |
| adult to mobilize the formal and family resources and services | 23 |
| identified in the assessment to meet the needs of the older | 24 |
| adult, including coordination of the resources and services | 25 |
| with any other plans that exist for various formal services, | 26 |
| such as hospital discharge plans, and with the information and |
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| assistance services; (iii) coordination and monitoring of | 2 |
| formal and family service delivery, including coordination and | 3 |
| monitoring to ensure that services specified in the plan are | 4 |
| being provided; (iv) periodic reassessment and revision of the | 5 |
| status of the older adult with the older adult or, if | 6 |
| necessary, the older adult's designated representative; and | 7 |
| (v) in accordance with the wishes of the older adult, advocacy | 8 |
| on behalf of the older adult for needed services or resources. | 9 |
| (3) Coordinated point of entry. The Department shall | 10 |
| implement and publicize a statewide coordinated point of entry | 11 |
| using a uniform name, identity, logo, and toll-free number. | 12 |
| (4) Public web site. The Department shall develop a public | 13 |
| web site that provides links to available services, resources, | 14 |
| and reference materials concerning caregiving, diseases, and | 15 |
| best practices for use by professionals, older adults, and | 16 |
| family caregivers. | 17 |
| (5) Expansion of older adult services. The Department shall | 18 |
| expand older adult services that promote independence and | 19 |
| permit older adults to remain in their own homes and | 20 |
| communities. | 21 |
| (6) Consumer-directed home and community-based services. | 22 |
| The Department shall expand the range of service options | 23 |
| available to permit older adults to exercise maximum choice and | 24 |
| control over their care. | 25 |
| (7) Comprehensive delivery system. The Department shall | 26 |
| expand opportunities for older adults to receive services in |
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| systems that integrate acute and chronic care. | 2 |
| (8) Enhanced transition and follow-up services. The | 3 |
| Department shall implement a program of transition from one | 4 |
| residential setting to another and follow-up services, | 5 |
| regardless of residential setting, pursuant to rules with | 6 |
| respect to (i) resident eligibility, (ii) assessment of the | 7 |
| resident's health, cognitive, social, and financial needs, | 8 |
| (iii) development of transition plans, and (iv) the level of | 9 |
| services that must be available before transitioning a resident | 10 |
| from one setting to another. | 11 |
| (9) Family caregiver support. The Department shall develop | 12 |
| strategies for public and private financing of services that | 13 |
| supplement and support family caregivers.
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| (10) Quality standards and quality improvement. The | 15 |
| Department shall establish a core set of uniform quality | 16 |
| standards for all providers that focus on outcomes and take | 17 |
| into consideration consumer choice and satisfaction, and the | 18 |
| Department shall require each provider to implement a | 19 |
| continuous quality improvement process to address consumer | 20 |
| issues. The continuous quality improvement process must | 21 |
| benchmark performance, be person-centered and data-driven, and | 22 |
| focus on consumer satisfaction.
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| (11) Workforce. The Department shall develop strategies to | 24 |
| attract and retain a qualified and stable worker pool, provide | 25 |
| living wages and benefits, and create a work environment that | 26 |
| is conducive to long-term employment and career development. |
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| Resources such as grants, education, and promotion of career | 2 |
| opportunities may be used. | 3 |
| (12) Coordination of services. The Department shall | 4 |
| identify methods to better coordinate service networks to | 5 |
| maximize resources and minimize duplication of services and | 6 |
| ease of application. | 7 |
| (13) Barriers to services. The Department shall identify | 8 |
| barriers to the provision, availability, and accessibility of | 9 |
| services and shall implement a plan to address those barriers. | 10 |
| The plan shall: (i) identify barriers, including but not | 11 |
| limited to, statutory and regulatory complexity, reimbursement | 12 |
| issues, payment issues, and labor force issues; (ii) recommend | 13 |
| changes to State or federal laws or administrative rules or | 14 |
| regulations; (iii) recommend application for federal waivers | 15 |
| to improve efficiency and reduce cost and paperwork; (iv) | 16 |
| develop innovative service delivery models; and (v) recommend | 17 |
| application for federal or private service grants. | 18 |
| (14) Reimbursement and funding. The Department shall | 19 |
| investigate and evaluate costs and payments by defining costs | 20 |
| to implement a uniform, audited provider cost reporting system | 21 |
| to be considered by all Departments in establishing payments. | 22 |
| To the extent possible, multiple cost reporting mandates shall | 23 |
| not be imposed. | 24 |
| (15) Medicaid nursing home cost containment and Medicare | 25 |
| utilization. The Department of Healthcare and Family Services | 26 |
| (formerly Department of Public Aid), in collaboration with the |
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| Department on Aging and the Department of Public Health and in | 2 |
| consultation with the Advisory Committee, shall propose a plan | 3 |
| to contain Medicaid nursing home costs and maximize Medicare | 4 |
| utilization. The plan must not impair the ability of an older | 5 |
| adult to choose among available services. The plan shall | 6 |
| include, but not be limited to, (i) techniques to maximize the | 7 |
| use of the most cost-effective services without sacrificing | 8 |
| quality and (ii) methods to identify and serve older adults in | 9 |
| need of minimal services to remain independent, but who are | 10 |
| likely to develop a need for more extensive services in the | 11 |
| absence of those minimal services. | 12 |
| (16) Bed reduction. The Department of Public Health shall | 13 |
| implement a nursing home conversion program to reduce the | 14 |
| number of Medicaid-certified nursing home beds in areas with | 15 |
| excess beds. The Department of Healthcare and Family Services | 16 |
| shall investigate changes to the Medicaid nursing facility | 17 |
| reimbursement system in order to reduce beds. Such changes may | 18 |
| include, but are not limited to, incentive payments that will | 19 |
| enable facilities to adjust to the restructuring and expansion | 20 |
| of services required by the Older Adult Services Act, including | 21 |
| adjustments for the voluntary closure or layaway of nursing | 22 |
| home beds certified under Title XIX of the federal Social | 23 |
| Security Act. Any savings shall be reallocated to fund | 24 |
| home-based or community-based older adult services pursuant to | 25 |
| Section 20. | 26 |
| (17) Financing. The Department shall investigate and |
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| evaluate financing options for older adult services and shall | 2 |
| make recommendations in the report required by Section 15 | 3 |
| concerning the feasibility of these financing arrangements. | 4 |
| These arrangements shall include, but are not limited to: | 5 |
| (A) private long-term care insurance coverage for | 6 |
| older adult services; | 7 |
| (B) enhancement of federal long-term care financing | 8 |
| initiatives; | 9 |
| (C) employer benefit programs such as medical savings | 10 |
| accounts for long-term care; | 11 |
| (D) individual and family cost-sharing options; | 12 |
| (E) strategies to reduce reliance on government | 13 |
| programs; | 14 |
| (F) fraudulent asset divestiture and financial | 15 |
| planning prevention; and | 16 |
| (G) methods to supplement and support family and | 17 |
| community caregiving. | 18 |
| (18) Older Adult Services Demonstration Grants. The | 19 |
| Department shall implement a program of demonstration grants | 20 |
| that will assist in the restructuring of the older adult | 21 |
| services delivery system, and shall provide funding for | 22 |
| innovative service delivery models and system change and | 23 |
| integration initiatives pursuant to subsection (g) of Section | 24 |
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| (19) Bed need methodology update. For the purposes of | 26 |
| determining areas with excess beds, the Departments shall |
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| provide information and assistance to the Health Facilities | 2 |
| Planning Board to update the Bed Need Methodology for Long-Term | 3 |
| Care to update the assumptions used to establish the | 4 |
| methodology to make them consistent with modern older adult | 5 |
| services.
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| (20) Affordable housing. The Departments shall utilize the | 7 |
| recommendations of Illinois' Annual Comprehensive Housing | 8 |
| Plan, as developed by the Affordable Housing Task Force through | 9 |
| the Governor's Executive Order 2003-18, in their efforts to | 10 |
| address the affordable housing needs of older adults.
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| The Older Adult Services Advisory Committee shall | 12 |
| investigate innovative and promising practices operating as | 13 |
| demonstration or pilot projects in Illinois and in other | 14 |
| states. The Department on Aging shall provide the Older Adult | 15 |
| Services Advisory Committee with a list of all demonstration or | 16 |
| pilot projects funded by the Department on Aging, including | 17 |
| those specified by rule, law, policy memorandum, or funding | 18 |
| arrangement. The Committee shall work with the Department on | 19 |
| Aging to evaluate the viability of expanding these programs | 20 |
| into other areas of the State.
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| (Source: P.A. 93-1031, eff. 8-27-04; 94-236, eff. 7-14-05; | 22 |
| 94-766, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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