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[ Engrossed ] | [ House Amendment 001 ] |
92_HB0016 LRB9201018DJgcA 1 AN ACT in relation to disabled persons. 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 5 Family Caregiver Support Act. 6 Section 5. Legislative findings. The General Assembly 7 recognizes that: 8 (1) Most care provided for functionally disabled 9 aged adults is delivered by family members or friends who 10 are not compensated for their services. Family 11 involvement is a crucial element for avoiding or 12 postponing institutionalization of the aged disabled 13 adult. 14 (2) Family or other caregivers who provide 15 continuous care in the home are frequently under 16 substantial physical, psychological, and financial 17 stress. The stress, if unrelieved by family or community 18 support to the caregiver, may lead to premature or 19 unnecessary nursing home placement. 20 (3) Respite care and other community-based 21 supportive services for the caregiver and for the aged 22 disabled adult could relieve some of the stresses, 23 maintain and strengthen the family structure, and 24 postpone or prevent institutionalization. 25 (4) With family and friends providing the primary 26 care for the aged disabled adult, supplemented by 27 community health and social services, long-term care may 28 be less costly than if the individual were 29 institutionalized. 30 Section 10. Legislative intent. It is the intent of the -2- LRB9201018DJgcA 1 General Assembly to provide a comprehensive program of 2 long-term care information and support, including in-home and 3 out-of-home respite care services, for family and other 4 unpaid caregivers who provide the daily services required 5 when caring for aged adults with functional disabilities. 6 These family caregiver long-term care information and support 7 services shall do the following: 8 (1) Provide information, relief, and support to 9 family or other unpaid caregivers of aged adults with 10 functional disabilities. 11 (2) Encourage family and other unpaid individuals 12 to provide care for aged adults with functional 13 disabilities at home, and thus offer a viable alternative 14 to placement in a long-term care facility. 15 (3) Ensure that respite care is made generally 16 available to eligible participants under the Respite 17 Program Act. 18 (4) Be provided in the least restrictive setting 19 available consistent with the individually assessed needs 20 of the aged adults with functional disabilities. 21 (5) Include services appropriate to the needs of 22 persons caring for aged individuals with dementing 23 illnesses. 24 (6) Provide family and other unpaid caregivers with 25 services that enable them to make informed decisions 26 about current and future care plans, solve day-to-day 27 caregiving problems, learn essential caregiving skills, 28 and locate services that may strengthen their capacity to 29 provide care. 30 Section 15. Definitions. In this Act: 31 "Adult day services" means nonmedical services to persons 32 who live with their families, cannot be left unsupervised, 33 and are at risk of being placed in a 24-hour care facility if -3- LRB9201018DJgcA 1 their families do not receive some relief from constant care. 2 "Department" means the Department on Aging. 3 "Eligible participant" means a person eligible for family 4 caregiver long-term care information and support services 5 under this Act who is aged or a senior citizen as defined in 6 the Illinois Act on the Aging and who needs substantially 7 continuous care or supervision by reason of his or her 8 functional disability and may be at risk of placement into a 9 long-term care facility. 10 "Eligible participant for respite care services" means a 11 person eligible for services authorized under the Respite 12 Program Act. 13 "Family caregiver long-term care information and support 14 services" means providing long-term care information and 15 support services to family and other unpaid caregivers of 16 eligible participants with functional disabilities, including 17 but not limited to providing the following: 18 (1) Information about available public and private 19 long-term care support services. 20 (2) Assistance in gaining access to an array of 21 appropriate long-term care family caregiver services. 22 (3) Promotion and implementation of support groups. 23 (4) Benefits counseling and caregiver counseling, 24 and caregiver training to assist the unpaid caregivers in 25 making decisions and solving challenges relating to their 26 caregiving roles. 27 (5) Respite care services. 28 (6) Additional supportive long-term care services 29 that may include but need not be limited to 30 translating/interpreter services, specialized 31 transportation, coordination of health care services, 32 help with purchasing needed supplies, durable goods, home 33 modifications, or equipment, and other forms of 34 information and support necessary to maintain the unpaid -4- LRB9201018DJgcA 1 caregiving activity. 2 "Home modification" means reasonable modifications to the 3 structure of a home for the purpose of reducing the 4 caregiving burden, as approved by the Department, such as 5 grab bars, safety devices, and wheelchair ramps, that help 6 the functionally dependent older adult with carrying out 7 activities of daily living. 8 "Respite care services" means services authorized under 9 the Respite Program Act. 10 "Unpaid caregiver" means a spouse, relative, or friend 11 who has primary responsibility for the care of an aged adult 12 with a functional disability and who does not receive 13 financial compensation for the care. To be eligible for 14 respite care and for family caregiver support services, the 15 caregiver is considered the client. 16 Section 20. Administration of Act. The Department shall 17 administer this Act and shall establish rules and standards 18 the Department deems necessary in administering this Act. 19 The Department shall administer this Act in conjunction with 20 Section 4.02 and related provisions of the Illinois Act on 21 the Aging. 22 Section 25. Provision of services. The Department shall 23 contract with area agencies on aging or other appropriate 24 agencies to conduct family caregiver long-term care 25 information and support services to the extent of available 26 funding. The agencies' responsibilities shall include but not 27 be limited to the following: 28 (1) Administering a program of family caregiver 29 long-term care information and support services. 30 (2) Arranging for the delivery of services 31 authorized under the Respite Program Act. -5- LRB9201018DJgcA 1 Section 30. Maintaining data. The area agencies on aging 2 administering family caregiver long-term care information and 3 support services shall maintain data that indicates demand 4 for family caregiver long-term care information and support 5 services. 6 Section 35. Health care practitioners and facilities not 7 impaired. Nothing in this Act shall impair the practice of 8 any licensed health care practitioner or licensed health care 9 facility. 10 Section 40. Entitlement not created. Nothing in this Act 11 creates or provides any individual with an entitlement to 12 services or benefits. It is the General Assembly's intent 13 that services under this Act shall be made available only to 14 the extent of the availability and level of appropriations 15 made by the General Assembly. 16 Section 45. National Family Caregiver Support Program. 17 The Department shall seek and secure funding under the 18 National Family Caregiver Support Program to supplement 19 private or other public moneys made available or appropriated 20 for the purposes of this Act. 21 Section 90. The Respite Program Act is amended by 22 changing Section 8 as follows: 23 (320 ILCS 10/8) (from Ch. 23, par. 6208) 24 Sec. 8. Funding. Respite projects authorized under this 25 Act shall be funded only to the extent of available 26 appropriations for such purposes. The Director shall seek 27 and obtain federal funds that may be available to finance 28 grants awarded under Section 6 of this Act, and shall also 29 seek and obtain other non-state resources for which the State -6- LRB9201018DJgcA 1 may be eligible.Implementation of projects under this Act2shall be contingent upon the availability of federal3financial participation.To the extent necessary for 4 implementation of this Act, the Department shall seek 5 appropriate waivers of federal requirements from the U.S. 6 Department of Health and Human Services. 7 (Source: P.A. 87-974.)