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Public Act 100-0392 | ||||
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AN ACT concerning State government.
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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 Department of Veterans Affairs Act is | ||||
amended by changing Sections 2g, 2.01, 2.03, and 2.04 and by | ||||
adding Section 2.01b as follows: | ||||
(20 ILCS 2805/2g) | ||||
Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | ||||
Veterans' Homes Fund is hereby created as a special fund in the | ||||
State treasury. From appropriations to the Department from the | ||||
Fund the Department shall purchase needed equipment and | ||||
supplies to enhance the lives of the residents at and for to | ||||
enhance the operations of veterans' homes in Illinois , | ||||
including capital improvements, building rehabilitation, and | ||||
repairs .
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(Source: P.A. 93-776, eff. 7-21-04.)
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(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
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Sec. 2.01. Veterans Home admissions.
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(a) Any honorably discharged veteran
is entitled to | ||||
admission to an Illinois
Veterans Home if the applicant meets | ||||
the requirements of this Section.
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(b)
The veteran must: |
(1) have served in the armed forces of the United | ||
States at least
1 day in World War II, the Korean
Conflict, | ||
the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||
the dates recognized by the U.S. Department of Veterans | ||
Affairs or
between any other present or future dates | ||
recognized by the U.S. Department of
Veterans Affairs as a | ||
war period, or have served in a hostile fire
environment | ||
and has been awarded a campaign or expeditionary medal
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signifying his or her service,
for purposes of eligibility | ||
for domiciliary or
nursing home care; | ||
(2) have served and been honorably discharged or | ||
retired from the armed forces of the United States for a | ||
service connected disability or injury, for purposes of | ||
eligibility for domiciliary or
nursing home care; | ||
(3) have served as an enlisted person at least 90 days | ||
on active duty in the armed forces of the United States, | ||
excluding service on active duty for training purposes | ||
only, and entered active duty before September 8, 1980, for | ||
purposes of eligibility for domiciliary or
nursing home | ||
care; | ||
(4) have served as an officer at least 90 days on | ||
active duty in the armed forces of the United States, | ||
excluding service on active duty for training purposes | ||
only, and entered active duty before October 17, 1981, for | ||
purposes of eligibility for domiciliary or
nursing home | ||
care; |
(5) have served on active duty in the armed forces of | ||
the United States for 24 months of continuous service or | ||
more, excluding active duty for training purposes only, and | ||
enlisted after September 7, 1980, for purposes of | ||
eligibility for domiciliary or
nursing home care; | ||
(6) have served as a reservist in the armed forces of | ||
the United States or the National Guard and the service | ||
included being called to federal active duty, excluding | ||
service on active duty for training purposes only, and who | ||
completed the term,
for purposes of eligibility for | ||
domiciliary or nursing home care;
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(7) have been discharged for reasons of hardship or | ||
released from active duty due to a reduction in the United | ||
States armed forces prior to the completion of the required | ||
period of service, regardless of the actual time served, | ||
for purposes of eligibility for domiciliary or nursing home | ||
care; or
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(8) have served in the National Guard or Reserve Forces | ||
of the
United States and completed 20 years of satisfactory | ||
service, be
otherwise eligible to receive reserve or active | ||
duty retirement
benefits, and have been an Illinois | ||
resident for at least one year
before applying for | ||
admission for purposes of eligibility
for domiciliary care | ||
only.
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(c) The veteran must have service accredited to the State | ||
of Illinois or
have been a resident of this State for one year |
immediately
preceding the date of application.
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(d) For admission to the Illinois Veterans Homes at Anna | ||
and
Quincy, the veteran must have developed a disability by | ||
disease, wounds, or otherwise and because
of the disability be | ||
incapable of earning a living.
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(e) For admission to the Illinois Veterans Homes at | ||
Chicago, LaSalle , and Manteno,
the veteran must have developed | ||
a disability by disease, wounds, or otherwise and, for purposes | ||
of eligibility
for nursing home care, require nursing care | ||
because of the disability. | ||
(f) An individual who served during a time of conflict as | ||
set forth in paragraph (1) of subsection (b) of this Section | ||
has preference over all other qualifying candidates, for | ||
purposes of eligibility for domiciliary or
nursing home care at | ||
any Illinois Veterans Home.
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(g) A veteran or spouse, once admitted to an Illinois | ||
Veterans Home facility, is considered a resident for | ||
interfacility purposes. | ||
(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | ||
99-642, eff. 7-28-16.)
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(20 ILCS 2805/2.01b new) | ||
Sec. 2.01b. Illinois Veterans Home at Chicago. The | ||
Illinois Veterans Home at Chicago is established. The | ||
Department shall operate and maintain the Illinois Veterans | ||
Home at Chicago.
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(20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
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Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||
Home are
subject to the rules and regulations adopted by the | ||
Department of Veterans'
Affairs to govern the admission of | ||
applicants.
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Each resident of a Home is liable for the payment of sums
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representing maintenance charges for care at the Home at a rate | ||
to
be determined by the Department, based on the resident's | ||
ability to pay.
However, the charges shall not exceed the | ||
average annual per
capita cost of maintaining the resident in | ||
the Home. The Department,
upon being furnished proof of | ||
payment, shall in its discretion
make allowances for unusual | ||
expenses in determining the
ability of the resident to pay | ||
maintenance charges.
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The basis upon which the payment of maintenance charges | ||
shall be
calculated by the Department is the average per capita | ||
cost
for the care of all residents at each Home for the fiscal | ||
year
immediately preceding the period for which the rate for | ||
each
Home is being calculated.
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The Department may require residents to pay charges | ||
monthly,
quarterly, or otherwise as may be most suitably | ||
arranged for the
individual members. The amounts received from | ||
each Home for the
charges shall be transmitted to the Treasurer | ||
of the State of Illinois
for deposit in each Veterans Home | ||
Fund, respectively , except that receipts attributable to the |
Illinois Veterans Home at Chicago shall be deposited into the | ||
Illinois Veterans' Homes Fund .
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The Department may investigate the financial condition of | ||
residents
of a Home to determine their ability to pay | ||
maintenance charges and
to establish standards as a basis of | ||
judgment for such determination.
Such standards shall be | ||
recomputed periodically to reflect
changes in the cost of | ||
living and other pertinent factors.
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Refusal to pay the maintenance charges is cause for | ||
discharge
of a resident from a Home.
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The Department may collect any medical or health benefits
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to which a resident may become entitled through tax
supported | ||
or privately financed systems of insurance, as a
result of his | ||
or her care or treatment in the facilities provided by the
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Department, or because of care or treatment in other facilities
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when such care or treatment has been paid for by the | ||
Department.
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Admission of a resident is not limited or conditioned in | ||
any manner
by the financial status of the resident or his or | ||
her ability to pay
maintenance charges.
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The Department may accept and hold on behalf of the State, | ||
if for the
public interest, a grant, gift, devise, or bequest | ||
of money or property to
the Department made in trust for the | ||
maintenance or support of a resident
of an Illinois Veterans | ||
Home or for any other legitimate purpose. The Department shall | ||
cause each gift, grant,
devise, or bequest to be kept as a |
distinct fund and shall invest the same
in the manner provided | ||
by the laws of this State relating to securities in
which the | ||
deposit in savings banks may be invested. However, the
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Department may, at its discretion, deposit in a proper trust | ||
company, bank,
or savings bank, during the continuance of the | ||
trust, any fund left in
trust for the life of a person and | ||
shall adopt rules and regulations
governing the deposit, | ||
transfer, or withdrawal of the fund. The Department
shall, on | ||
the expiration of any trust as provided in any instrument
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creating the trust, dispose of the fund in the manner
provided | ||
in the instrument. The Department shall include in its required
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reports a statement showing what funds are so held by it and | ||
the condition
of the funds; provided that monies found on | ||
residents at the time of their
admission or accruing to them | ||
during their residence at a Home and monies
deposited with the | ||
administrators by relatives, guardians, or friends of
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residents for the special comfort and pleasure of the resident | ||
shall
remain in the custody of the administrators who shall act | ||
as trustees for
disbursement to, on behalf of, or for the | ||
benefit of the resident. All
types of retirement and pension | ||
benefits from private and public sources
may be paid directly | ||
to the administrator of a Home for deposit to
the resident | ||
trust fund account.
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(Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
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(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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Sec. 2.04.
There shall be established in the State Treasury | ||
special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | ||
the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | ||
Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | ||
received by an Illinois Veterans Home from Medicare and from
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maintenance charges to veterans, spouses, and surviving | ||
spouses residing at
that Home shall be paid into that Home's | ||
Fund. All moneys
received from the
U.S. Department of Veterans | ||
Affairs for patient care shall be transmitted to
the Treasurer | ||
of the State for deposit in the Veterans Home Fund for the Home
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in which the veteran resides. Appropriations shall be made from | ||
a Fund only
for the needs of the Home, including capital | ||
improvements, building
rehabilitation, and repairs. The | ||
Illinois Veterans' Homes Fund shall be the Veterans Home Fund | ||
for the Illinois Veterans Home at Chicago.
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The administrator of each Veterans Home shall establish a
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locally-held
member's benefits fund. The Director may | ||
authorize the Veterans Home to conduct limited fundraising in | ||
accordance with applicable laws and regulations for which the | ||
sole purpose is to benefit the Veterans Home's member's | ||
benefits fund. Revenues accruing to an Illinois Veterans Home,
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including any donations, grants for the operation of the Home, | ||
profits from
commissary stores, and funds received from any | ||
individual or other source, including limited fundraising,
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shall be deposited into that Home's benefits fund. Expenditures | ||
from the benefits funds
shall
be solely for the special |
comfort, pleasure, and amusement of residents.
Contributors of | ||
unsolicited private donations may specify the purpose for which
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the private donations are to be used.
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Upon request of the Department, the State's Attorney of the | ||
county in which
a resident or living former resident of an | ||
Illinois Veterans Home
who is liable under this Act
for payment | ||
of sums representing maintenance charges resides shall file
an | ||
action in a court of competent jurisdiction against any such | ||
person who
fails or refuses to pay such sums. The court may | ||
order the payment of sums
due to maintenance charges for such | ||
period or periods of time as the
circumstances require.
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Upon the death of a person who is or has been a resident of | ||
an
Illinois Veterans Home who is
liable for maintenance charges | ||
and who is possessed of property, the
Department may present a | ||
claim for such sum or for the balance due in
case less than the | ||
rate prescribed under this Act has been paid. The
claim shall | ||
be allowed and paid as other lawful claims against the estate.
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The administrator of each Veterans Home shall establish a
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locally-held
trust fund to maintain moneys held for residents. | ||
Whenever the Department
finds it necessary to preserve order,
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preserve health, or enforce discipline, the resident shall | ||
deposit in a
trust account at the Home such monies from any | ||
source of income as may
be determined necessary, and | ||
disbursement of these funds to the resident
shall be made only | ||
by direction of the administrator.
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If a resident of an Illinois Veterans Home has a
dependent |
child, spouse, or parent the administrator may
require that all | ||
monies
received be deposited in a trust account with dependency | ||
contributions
being made at the direction of the administrator. | ||
The balance retained
in the trust account shall be disbursed to | ||
the resident at the time of
discharge from the Home or to his | ||
or her heirs or legal representative
at the time of the | ||
resident's death, subject to Department regulations
or order of | ||
the court.
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The Director of Central Management Services, with the
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consent of the Director of Veterans' Affairs, is authorized
and | ||
empowered to lease or let any real property held by the | ||
Department of
Veterans' Affairs for an Illinois Veterans Home | ||
to entities or
persons upon terms and conditions which are | ||
considered to be in the best
interest of that Home. The real | ||
property must not be needed for any direct
or immediate purpose | ||
of the Home. In any leasing or letting, primary
consideration | ||
shall be given to the use of real property for agricultural
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purposes, and all moneys received shall be transmitted to the | ||
Treasurer of
the State for deposit in the appropriate Veterans | ||
Home Fund.
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(Source: P.A. 99-314, eff. 8-7-15.)
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Section 10. The Illinois Library System Act is amended by | ||
changing Section 8.6 as follows:
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(75 ILCS 10/8.6)
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Sec. 8.6. Illinois Veterans Veteran's Home Libraries.
The | ||
State Librarian shall distribute annual grants for initiatives | ||
of library
development and services within Illinois Veterans | ||
Veteran's Home libraries located in
Quincy, Manteno, LaSalle, | ||
Chicago, and Anna upon the approval by the State Librarian of
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application from libraries. Grants made under this Section | ||
shall be made only
from the Secretary of State Special License | ||
Plate Fund. The State Librarian
shall establish the criteria | ||
for awarding the grants by rule.
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(Source: P.A. 89-697, eff. 1-6-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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