State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB0816

 
                                               LRB9206966WHcs

 1        AN ACT in relation to  older  persons  and  persons  with
 2    disabilities.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title. This Act may  be  cited  as  the
 6    Prevention of Unnecessary Institutionalization Act.

 7        Section  5.  Findings. The General Assembly finds that it
 8    is far preferable for older persons and adults  and  children
 9    with  disabilities to live in their own homes or in the homes
10    of family members in their own  communities  rather  than  in
11    more  restrictive  institutionalized  settings  removed  from
12    their  friends  and  loved ones. The General Assembly further
13    finds  that  older  persons  and  adults  and  children  with
14    disabilities often are  unnecessarily  placed  or  forced  to
15    remain  in  institutionalized  settings  due  to  the lack of
16    resources needed to make modifications to their dwellings  or
17    to  obtain  assistive  technology  devices  to enable them to
18    remain in or return  to  their  homes  and  communities.  The
19    General  Assembly  further  finds  that  it  is  in  the best
20    interests of the State of Illinois to support community-based
21    living  for  older  persons  and  adults  and  children  with
22    disabilities by implementing a program to enable them to make
23    modifications to  their  dwellings  or  to  obtain  assistive
24    technology  devices to avoid unnecessary placement outside of
25    their own homes and communities.

26        Section 10.  Purpose. The  purpose  of  this  Act  is  to
27    authorize the Department of Human Services and the Department
28    on  Aging  to  jointly establish a program to provide funding
29    for  necessary   structural   modifications   and   assistive
30    technology  devices  to  enable  older persons and adults and
 
                            -2-                LRB9206966WHcs
 1    children with disabilities to remain in or  return  to  their
 2    homes  or  other  or  other  dwellings of their choice within
 3    their  community  in  order  to  allow  them   to   live   as
 4    independently as possible for as long as possible.

 5        Section 15.  Definitions. As used in this Act:
 6        "Assistive  technology  device"  means  an item, piece of
 7    equipment, or product system, whether acquired  commercially,
 8    modified,  or customized, that is used to increase, maintain,
 9    or  improve  functional  capabilities  of  individuals   with
10    disabilities and older persons.
11        "Structural  modification"  means  a change to a dwelling
12    that enhances its usability or accessibility or  both  for  a
13    resident who has a disability or is an older persons.

14        Section 20.   Program. Subject to appropriation for these
15    purposes, the Department of Human Services and the Department
16    on  Aging shall jointly establish a Prevention of Unnecessary
17    Institutionalization Grant  and  Loan  Program.  The  Program
18    shall  have 2 components. One component shall be administered
19    by the Department of Human Services and the  other  component
20    shall  be  administered  by  the  Department  on  Aging.  The
21    Department  of  Human  Services  and  the Department on Aging
22    shall cooperate in the overall administration of the Program.

23        Section 25.  Eligibility. Persons  age  60  or  over  and
24    adults  and  children with disabilities shall be eligible for
25    grants or loans or both under the Program established by this
26    Act if they have one  or  more  verifiable  impairments  that
27    substantially  limits  one or more of life's major activities
28    for which some modification of their  dwelling  or  assistive
29    technology  devices,  or  both,  are  required which they are
30    unable to afford because  of  limited  resources.  Preference
31    shall be given to applicants who: (1) are at imminent risk of
 
                            -3-                LRB9206966WHcs
 1    institutionalization  or  who are already in an institutional
 2    setting but are ready to return  to  the  community  and  who
 3    would  be  able to live in the community if modifications are
 4    made or they have the needed  assistive  technology  devices,
 5    (2)  have  inadequate  resources  or  no  current  access  to
 6    resources  as  a  result  of the geographic location of their
 7    dwelling, the lack of other available State or federal  funds
 8    such  as  the  Community  Development  Block  Grant  or rural
 9    housing assistance programs or income limitations such as the
10    inability to qualify for a low-interest  loan,  or  (3)  have
11    access   to   other   resources,   but  those  resources  are
12    insufficient  to  complete  the  necessary  modifications  or
13    acquire the needed    assistive  technology  devices.  Adults
14    under  60  years  of  age with disabilities and children with
15    disabilities shall receive services under  the  component  of
16    the Program administered by the Department of Human Services.
17    An  adult  60  years  of    age or older may elect to receive
18    services under the component administered by  the  Department
19    of  Human  Services if, at the time he or she reached age 60,
20    he  or  she  was  already  receiving  Home   Services   under
21    subsection   (f)   of  Section  3  of  the  Disabled  Persons
22    Rehabilitation  Act  or  he  or  she  was  already  receiving
23    services under the component of the Program  administered  by
24    the  Department of Human  Services. All other adults 60 years
25    of age or older receiving services under  the  Program  shall
26    receive  services  under  the  component  administered by the
27    Department on Aging.

28        Section 30.  Rulemaking. The Department of Human Services
29    and  the  Department  on      Aging   shall   jointly   adopt
30    administrative  rules  governing  the Program consistent with
31    this Act.

32        Section 35.  Advisory Committee. The Department of  Human
 
                            -4-                LRB9206966WHcs
 1    Services  and the Department on Aging shall jointly establish
 2    an Advisory  Committee  for  the  Prevention  of  Unnecessary
 3    Institutionalization Program to advise the Secretary of Human
 4    Services  and  the Director on Aging on rulemaking, policies,
 5    and procedures under which the  Program  shall  operate.  The
 6    Advisory  Committee  shall  consist  of  11 members and shall
 7    include at least  three  individuals  under  the  age  of  60
 8    representing   different   disabilities   appointed   by  the
 9    Secretary of Human Services, three individuals age 60 or over
10    representing different disabilities appointed by the Director
11    on Aging, a representative of an Area Agency  on  Aging,  the
12    Executive   Director  of  the  Statewide  Independent  Living
13    Council or his or her designee,  a  representative  from  the
14    construction  industry  who specializes in home modifications
15    for individuals with  disabilities  and  older  persons,  the
16    Executive  Director  of  the  Illinois  Assistive  Technology
17    Project or his or her designee, and the Executive Director of
18    the  Coalition  of  Citizens with Disabilities in Illinois or
19    his or her designee.

20        Section 99.  Effective date. This Act takes  effect  upon
21    becoming law.

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