Public Act 096-0918
HB5499 Enrolled LRB096 15856 KTG 33320 b

    AN ACT concerning aging.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 5-520 as follows:
    (20 ILCS 5/5-520)  (was 20 ILCS 5/6.27)
    Sec. 5-520. In the Department on Aging. A Council on Aging
and a Coordinating Committee of State Agencies Serving Older
Persons composed and appointed as provided in the Illinois Act
on the Aging.
(Source: P.A. 91-239, eff. 1-1-00.)
    Section 10. The Illinois Act on the Aging is amended by
changing Sections 4.01, 4.02, 4.02c, 4.11, 8.05, 8.06, and 8.08
as follows:
    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
    Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
    (1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
    (2) To coordinate and evaluate all programs, services, and
facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
    (3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
    (4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
    (5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
    (6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
    (7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
    (8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs
and facilities to meet those needs.
    (9) To establish and maintain information and referral
sources throughout the State when not provided by other
    (10) To provide the staff support that as may reasonably be
required by the Council and the Coordinating Committee of State
Agencies Serving Older Persons.
    (11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
    (12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
    (13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
    (14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old
for jobs for which their employment would not be precluded by
    (15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 four senior citizens
and minority senior citizens selected from a list of 44
nominees compiled annually by the Department. Nominations
shall be solicited from senior citizens' service providers,
area agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall consult with the
Coordinating Committee of State Agencies Serving Older Persons
to determine which of the nominees shall be the recipient in
each category of community service. The Department shall
establish a central location within the State to be designated
as the Senior Illinoisans Hall of Fame for the public display
of all the annual awards, or replicas thereof.
    (16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.
    (17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
    (18) To develop a pamphlet in English and Spanish which may
be used by physicians licensed to practice medicine in all of
its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:
        (a) name and telephone number of the patient;
        (b) name and telephone number of the prescribing
        (c) date of prescription;
        (d) name of drug prescribed;
        (e) directions for patient compliance; and
        (f) name and telephone number of dispensing pharmacy.
    In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
    (19) To conduct a study by April 1, 1994 of the feasibility
of implementing the Senior Companion Program throughout the
State for the fiscal year beginning July 1, 1994.
    (20) The With respect to contracts in effect on July 1,
1994, the Department shall increase the grant amounts so that
the reimbursement rates paid through the community care program
for chore housekeeping services and home care aides are at the
same rate, which shall be the higher of the 2 rates currently
paid. With respect to all contracts entered into, renewed, or
extended on or after July 1, 1994, the reimbursement rates paid
through the community care program for chore housekeeping
services and home care aides shall be the same.
    (21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.
    (22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
    (23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
        (a) types of services to be offered by volunteers;
        (b) types of services to be received upon the
    redemption of service credits;
        (c) issues of liability for the volunteers and the
    administering organizations;
        (d) methods of tracking service credits earned and
    service credits redeemed;
        (e) issues of time limits for redemption of service
        (f) methods of recruitment of volunteers;
        (g) utilization of community volunteers, community
    service groups, and other resources for delivering
    services to be received by service credit program clients;
        (h) accountability and assurance that services will be
    available to individuals who have earned service credits;
        (i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08.)
    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
    Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary
institutionalization of persons age 60 and older in need of
long term care or who are established as persons who suffer
from Alzheimer's disease or a related disorder under the
Alzheimer's Disease Assistance Act, thereby enabling them to
remain in their own homes or in other living arrangements. Such
preventive services, which may be coordinated with other
programs for the aged and monitored by area agencies on aging
in cooperation with the Department, may include, but are not
limited to, any or all of the following:
        (a) (blank);
        (b) (blank);
        (c) home care aide services;
        (d) personal assistant services;
        (e) adult day services;
        (f) home-delivered meals;
        (g) education in self-care;
        (h) personal care services;
        (i) adult day health services;
        (j) habilitation services;
        (k) respite care;
        (k-5) community reintegration services;
        (k-6) flexible senior services;
        (k-7) medication management;
        (k-8) emergency home response;
        (l) other nonmedical social services that may enable
    the person to become self-supporting; or
        (m) clearinghouse for information provided by senior
    citizen home owners who want to rent rooms to or share
    living space with other senior citizens.
    The Department shall establish eligibility standards for
such services. In taking into consideration the unique economic
and social needs of the target population for whom they are to
be provided. Such eligibility standards shall be based on the
recipient's ability to pay for services; provided, however,
that in determining the amount and nature of services for which
a person may qualify, consideration shall not be given to the
value of cash, property or other assets held in the name of the
person's spouse pursuant to a written agreement dividing
marital property into equal but separate shares or pursuant to
a transfer of the person's interest in a home to his spouse,
provided that the spouse's share of the marital property is not
made available to the person seeking such services.
    Beginning July 1, 2002, the Department shall require as a
condition of eligibility that all financially eligible
applicants apply for medical assistance under Article V of the
Illinois Public Aid Code in accordance with rules promulgated
by the Department.
    Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
    The Department shall, in conjunction with the Department of
Public Aid (now Department of Healthcare and Family Services),
seek appropriate amendments under Sections 1915 and 1924 of the
Social Security Act. The purpose of the amendments shall be to
extend eligibility for home and community based services under
Sections 1915 and 1924 of the Social Security Act to persons
who transfer to or for the benefit of a spouse those amounts of
income and resources allowed under Section 1924 of the Social
Security Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the provision
of home or community-based services, would require the level of
care provided in an institution, as is provided for in federal
law. Those persons no longer found to be eligible for receiving
noninstitutional services due to changes in the eligibility
criteria shall be given 45 60 days notice prior to actual
termination. Those persons receiving notice of termination may
contact the Department and request the determination be
appealed at any time during the 45 60 day notice period. With
the exception of the lengthened notice and time frame for the
appeal request, the appeal process shall follow the normal
procedure. In addition, each person affected regardless of the
circumstances for discontinued eligibility shall be given
notice and the opportunity to purchase the necessary services
through the Community Care Program. If the individual does not
elect to purchase services, the Department shall advise the
individual of alternative services. The target population
identified for the purposes of this Section are persons age 60
and older with an identified service need. Priority shall be
given to those who are at imminent risk of
institutionalization. The services shall be provided to
eligible persons age 60 and older to the extent that the cost
of the services together with the other personal maintenance
expenses of the persons are reasonably related to the standards
established for care in a group facility appropriate to the
person's condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Department of Human Services.
The Departments of Human Services, Healthcare and Family
Services, Public Health, Veterans' Affairs, and Commerce and
Economic Opportunity and other appropriate agencies of State,
federal and local governments shall cooperate with the
Department on Aging in the establishment and development of the
non-institutional services. The Department shall require an
annual audit from all personal assistant and home care aide
vendors contracting with the Department under this Section. The
annual audit shall assure that each audited vendor's procedures
are in compliance with Department's financial reporting
guidelines requiring an administrative and employee wage and
benefits cost split as defined in administrative rules. The
audit is a public record under the Freedom of Information Act.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department of Healthcare
and Family Services, to effect the following: (1) intake
procedures and common eligibility criteria for those persons
who are receiving non-institutional services; and (2) the
establishment and development of non-institutional services in
areas of the State where they are not currently available or
are undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall be
conducted by the Department.
    As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult
children with developmental disabilities. The content of the
training shall be at the Department's discretion.
    The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
    The Department, or the Department's authorized
representative, may shall recover the amount of moneys expended
for services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
    The Department shall increase the effectiveness of the
existing Community Care Program by:
        (1) ensuring that in-home services included in the care
    plan are available on evenings and weekends;
        (2) ensuring that care plans contain the services that
    eligible participants need based on the number of days in a
    month, not limited to specific blocks of time, as
    identified by the comprehensive assessment tool selected
    by the Department for use statewide, not to exceed the
    total monthly service cost maximum allowed for each
    service; the Department shall develop administrative rules
    to implement this item (2);
        (3) ensuring that the participants have the right to
    choose the services contained in their care plan and to
    direct how those services are provided, based on
    administrative rules established by the Department;
        (4) ensuring that the determination of need tool is
    accurate in determining the participants' level of need; to
    achieve this, the Department, in conjunction with the Older
    Adult Services Advisory Committee, shall institute a study
    of the relationship between the Determination of Need
    scores, level of need, service cost maximums, and the
    development and utilization of service plans no later than
    May 1, 2008; findings and recommendations shall be
    presented to the Governor and the General Assembly no later
    than January 1, 2009; recommendations shall include all
    needed changes to the service cost maximums schedule and
    additional covered services;
        (5) ensuring that homemakers can provide personal care
    services that may or may not involve contact with clients,
    including but not limited to:
            (A) bathing;
            (B) grooming;
            (C) toileting;
            (D) nail care;
            (E) transferring;
            (F) respiratory services;
            (G) exercise; or
            (H) positioning;
        (6) ensuring that homemaker program vendors are not
    restricted from hiring homemakers who are family members of
    clients or recommended by clients; the Department may not,
    by rule or policy, require homemakers who are family
    members of clients or recommended by clients to accept
    assignments in homes other than the client; and
        (7) ensuring that the State may access maximum federal
    matching funds by seeking approval for the Centers for
    Medicare and Medicaid Services for modifications to the
    State's home and community based services waiver and
    additional waiver opportunities in order to maximize
    federal matching funds; this shall include, but not be
    limited to, modification that reflects all changes in the
    Community Care Program services and all increases in the
    services cost maximum.
    By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the provisions
of the Health Care Worker Background Check Act.
    The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
    Beginning on the effective date of this Amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to do
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,
(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
    The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are
meeting the federal minimum wage statute for home care aides
and personal assistants. An employer that cannot ensure that
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
    The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals
to serve in the Committee, who shall serve at their own
expense. Members of the Committee must abide by all applicable
ethics laws. The Committee shall advise the Department on
issues related to the Department's program of services to
prevent unnecessary institutionalization. The Committee shall
meet on a bi-monthly basis and shall serve to identify and
advise the Department on present and potential issues affecting
the service delivery network, the program's clients, and the
Department and to recommend solution strategies. Persons
appointed to the Committee shall be appointed on, but not
limited to, their own and their agency's experience with the
program, geographic representation, and willingness to serve.
The Director shall appoint members to the Committee to
represent provider, advocacy, policy research, and other
constituencies committed to the delivery of high quality home
and community-based services to older adults. Representatives
shall be appointed to ensure representation from community care
providers including, but not limited to, adult day service
providers, homemaker providers, case coordination and case
management units, emergency home response providers, statewide
trade or labor unions that represent home care aides and direct
care staff, area agencies on aging, adults over age 60,
membership organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
    Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year. A
member shall continue to serve until his or her replacement is
named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The Director,
or his or her designee, shall make a written report, as
requested by the Committee, regarding issues before the
    The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor and
the General Assembly on or before September 30 each year.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
    Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
    For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
(Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336,
eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07;
95-473, eff. 8-27-07; 95-565, eff. 6-1-08; 95-876, eff.
    (20 ILCS 105/4.02c)
    Sec. 4.02c. Comprehensive Care in Residential Settings
Demonstration Project.
    (a) The Department may establish and fund a demonstration
program of bundled services designed to support the specialized
needs of clients currently residing in projects that were
formerly designated as Community Based Residential Facilities.
Participating projects must hold a valid license, which remains
unsuspended, unrevoked, and unexpired, under the provisions of
the Assisted Living and Shared Housing Act.
    (b) The demonstration program must include, at a minimum:
        (1) 3 meals per day;
        (2) routine housekeeping services;
        (3) 24-hour-a-day security;
        (4) an emergency response system;
        (5) personal laundry and linen service;
        (6) assistance with activities of daily living;
        (7) medication management; and
        (8) money management.
    Optional services, such as transportation and social
activities, may be provided.
    (c) Reimbursement for the program shall be based on the
client's level of need and functional impairment, as determined
by the Department. Clients must meet all eligibility
requirements established by rule. The Department may establish
a capitated reimbursement mechanism based on the client's level
of need and functional impairment. Reimbursement for program
must be made to the Department-contracted provider delivering
the services.
    (d) The Department shall adopt rules and provide oversight
for the project, with assistance and advice provided by the
Assisted Living and Shared Housing Advisory Board and Assisted
Living and Shared Housing Quality of Life Committee.
    The project may be funded through the Department
appropriations that may include Medicaid waiver funds.
    (e) The Before January 1, 2008, the Department, in
consultation with the Assisted Living and Shared Housing
Advisory Board, may must report to the General Assembly on the
results of the demonstration project. The report may must
include, without limitation, any recommendations for changes
or improvements, including changes or improvements in the
administration of the program and an evaluation.
(Source: P.A. 93-775, eff. 1-1-05.)
    (20 ILCS 105/4.11)
    Sec. 4.11. AIDS awareness. The Department may must develop
health programs and materials targeted to persons 50 years of
age and more concerning the dangers of HIV and AIDS and
sexually transmitted diseases.
(Source: P.A. 91-106, eff. 1-1-00.)
    (20 ILCS 105/8.05)  (from Ch. 23, par. 6108.05)
    Sec. 8.05. Alzheimer's disease grants.
    (a) As used in this Section, unless the context requires
        (1) "Participant" means an individual with Alzheimer's
    disease or a disease of a related type, particularly in the
    moderate to severe stage, whose care, needs and behavioral
    problems make it difficult for the individual to
    participate in existing care programs. The individual may
    be 60 years of age or older on the presumption that he or
    she is a prospective recipient of service under this Act.
        (2) "Disease of a related type" means any of those
    irreversible brain disorders which result in the symptoms
    described in paragraph (4). This includes but is not
    limited to multi-infarct dementia and Parkinson's disease.
        (3) "Grantee" means any public or private nonprofit
    agency selected by the Department to develop a care program
    for participants under this Section.
        (4) "Care needs" or "behavioral problems" means the
    manifestations of symptoms which may include but are not
    limited to memory loss, aphasia (communication disorder),
    becoming lost or disoriented, confusion and agitation with
    the potential for combativeness and incontinence.
    (b) In an effort to address the needs of persons suffering
from Alzheimer's disease or a disease of a related type, the
Department may shall encourage the development of adult day
care for these persons through administration of specialized
Alzheimer's Day Care Resource Centers. These projects may shall
be designed to identify and meet the unique needs of the
affected population, including the use of special evaluation
standards and techniques that take into consideration both the
physical and cognitive abilities of individual applicants or
    The Department may shall establish at least one urban and
one rural specialized Alzheimer's Day Care Resource Center.
Each center shall be designed so as to meet the unique needs
and protect the safety of each participant. Each center shall
be staffed by persons specially trained to work with
participants. Each center shall operate in concert with
regional ADA Centers.
    The Department shall contract with a public or private
nonprofit agency or with professional persons in the fields of
health or social services with expertise in Alzheimer's
disease, a disease of a related type, or a related dementia to
develop a training module that includes information on the
symptoms and progress of the diseases and to develop
appropriate techniques for dealing with the psychosocial,
health, and physical needs of participants.
    The training module may shall be developed for specialized
Alzheimer's Day Care Resource Centers and may shall be
available to other community based providers who serve this
client population. The training module shall be owned and may
be distributed by the Department.
    Subject to appropriation, grants may Grants shall be
awarded at current rates as set by the Department on Aging
under Section 240.1910 of Title 89 of the Illinois
Administrative Code, with at least one urban and one rural
program for the specialized Alzheimer's Day Care Resource
Centers. The Department may shall adopt policies, priorities
and guidelines to carry out the purposes of this Section.
    (c) A prospective grantee shall apply in a manner
prescribed by the Department and shall:
        (1) Identify the special care needs and behavioral
    problems of participants and design its program to meet
    those needs.
        (2) Demonstrate that its program has adequate and
    appropriate staffing to meet the nursing, psychosocial and
    recreational needs of participants.
        (3) Provide an outline of the design of its physical
    facilities and the safeguards which shall be used to
    protect the participants.
        (4) Submit a plan for assisting individuals who cannot
    afford the entire cost of the program. This may include
    eligibility policies, standards and criteria that are
    unique to the needs and requirements of the population
    being served under this Act, notwithstanding the
    provisions of Section 4.02 and related rules and
    regulations. This may also include but need not be limited
    to additional funding sources to provide supplemental aid
    and allowing family members to participate as volunteers at
    the facility.
        (5) Submit a plan for using volunteers and volunteer
    aids and provide an outline for adequate training of those
        (6) Identify potential sources of funding for its
    facility and outline plans to seek additional funding to
    remain solvent. This may include private donations and
    foundation grants, Medicare reimbursement for specific
    services and the use of adult education and public health
        (7) Establish family support groups.
        (8) Encourage family members to provide transportation
    to and from the facility for participants.
        (9) Concentrate on participants in the moderate to
    severe range of disability.
        (10) Provide a noon meal to participants. The meal may
    be provided by an organization providing meals to the
    elderly or needy.
        (11) Establish contact with local educational programs
    such as nursing and gerontology programs to provide onsite
    training to students.
        (12) Provide services to assist family members,
    including counseling and referral to other resources.
        (13) Serve as a model available to service providers
    for onsite training in the care of participants.
    (d) The Department shall periodically annually report to
the General Assembly before December 1 on the pilot project
grants. The report may shall include but need not be limited to
the following:
        (1) A description of the progress made in implementing
    the programs.
        (2) The number of grantees who have established
    programs under this Section.
        (3) The number and characteristics of participants
    served by the programs, including but not limited to age,
    sex, diagnosis, reason for admission, functional
    impairment, referral source, living situation, and payment
        (4) An evaluation of the usefulness of the programs in
    delaying the placement of the participants in
    institutions, providing respite to families who care for
    participants in the home and providing a setting for onsite
    training in the care of participants.
        (5) A description of findings on the appropriate level
    and type of care required to meet the nursing and
    psychosocial needs of the participants and appropriate
    environmental conditions and treatment methods.
(Source: P.A. 87-316; 87-895.)
    (20 ILCS 105/8.06)  (from Ch. 23, par. 6108.06)
    Sec. 8.06. The Department may shall develop and implement a
plan for the increased incorporation of local and community
senior citizen centers into the functions and responsibilities
of area agencies on aging and for the increased input of local
and community senior citizen centers into the Department's
policy making process.
(Source: P.A. 86-730.)
    (20 ILCS 105/8.08)
    Sec. 8.08. Older direct care worker recognition. The
Department shall present one award annually to older direct
care workers in each of the following categories: Older
American Act Services, Home Health Services, Community Care
Program Services, Nursing Homes, and programs that provide
housing with services licensed or certified by the State. The
Department shall solicit nominations from associations
representing providers of the named services or settings and
trade associations representing applicable direct care
workers. Nominations shall be presented in a format designated
by the Department. Direct care workers honored with this award
must be 55 years of age or older and shall be recognized for
their dedication and commitment to improving the quality of
aging in Illinois above and beyond the confines of their job
description. Award recipients shall be honored before their
peers at the Governor's Conference on Aging or at a similar
venue, shall have their pictures displayed on the Department's
website with their permission, and shall receive a letter of
commendation from the Governor. The Department shall consult
with the Coordinating Committee of State Agencies Serving Older
Persons to determine which of the nominees shall be the
recipient in each category of service provision or setting. The
Department shall include the recipients of these awards in all
Senior Hall of Fame displays required by the Act on Aging.
Except as otherwise prohibited by law, the Department may
solicit private sector funding to underwrite the cost of all
awards and recognition materials and shall request that all
associations representing providers of the named services or
settings and trade associations applicable to direct care
workers publicize the awards and the award recipients in
communications with their members.
(Source: P.A. 96-376, eff. 8-13-09.)
    (20 ILCS 105/3.04 rep.)
    (20 ILCS 105/4.02d rep.)
    (20 ILCS 105/4.10 rep.)
    (20 ILCS 105/7.02 rep.)
    (20 ILCS 105/8 rep.)
    (20 ILCS 105/8.01 rep.)
    (20 ILCS 105/8.02 rep.)
    (20 ILCS 105/8.03 rep.)
    Section 15. The Illinois Act on the Aging is amended by
repealing Sections 3.04, 4.02d, 4.10, 7.02, 8, 8.01, 8.02, and
    Section 99. Effective date. This Act takes effect upon
becoming law.
Statutes amended in order of appearance
    20 ILCS 5/5-520 was 20 ILCS 5/6.27
    20 ILCS 105/4.01 from Ch. 23, par. 6104.01
    20 ILCS 105/4.02 from Ch. 23, par. 6104.02
    20 ILCS 105/4.02c
    20 ILCS 105/4.11
    20 ILCS 105/8.05 from Ch. 23, par. 6108.05
    20 ILCS 105/8.06 from Ch. 23, par. 6108.06
    20 ILCS 105/8.08
    20 ILCS 105/3.04 rep.
    20 ILCS 105/4.02d rep.
    20 ILCS 105/4.10 rep.
    20 ILCS 105/7.02 rep.
    20 ILCS 105/8 rep.
    20 ILCS 105/8.01 rep.
    20 ILCS 105/8.02 rep.
    20 ILCS 105/8.03 rep.