Illinois General Assembly - Full Text of HB1587
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Full Text of HB1587  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,
3represented in the General Assembly:
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.
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
5establish a home modification funding system that is
6streamlined, effective, and administered by experts within the
7disability 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
5Human Services shall establish a Home Modification Program to
6provide financial assistance to persons with disabilities for
7home modification projects. The Department shall designate a
8statewide association that represents centers for independent
9living to serve as the lead agency to administer the program.
10The Department shall provide funding to the lead agency for
11the program. The lead agency shall distribute any moneys it
12receives from the Department to the State's 22 centers for
13independent living, covering all 102 counties. The lead agency
14shall ensure that each center for independent living has
15access to at least $105,000 to use for home modification
16projects, with the excess funds subject to reallocation during
17the 4th fiscal quarter of each year. The requirements of this
18Section are subject to the availability of appropriations to
19the Department of Human Services in an amount sufficient for
20the Department to implement and administer the Home
21Modification Program.
22    Section 25. Home modification standards and
24    (a) To qualify for financial assistance under the Home



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1Modification 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
16requirements established by the lead agency that further the
17purposes 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
14lead agency shall receive an administrative fee of 3% from all
15moneys that are passed through the lead agency for the purpose
16of the Home Modification Program.