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Public Act 093-0864
Public Act 0864 93RD GENERAL ASSEMBLY
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Public Act 093-0864
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| HB6706 Enrolled |
LRB093 18060 DRJ 43747 b |
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| AN ACT in relation to aging.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the | Family Caregiver Act.
| Section 5. Legislative findings. The General Assembly | recognizes the
following:
| (1) Family caregivers, serving without compensation, | have been the
mainstay of the long-term care system in this | country. Care provided by these
informal caregivers is the | most crucial factor in avoiding or postponing
| institutionalization of the State's residents.
| (2) Among non-institutionalized persons needing | assistance with personal
care needs, two-thirds depend | solely on family and friends for assistance.
Another 25% | supplement family care with services from paid providers. | Only a
little more than 5% rely exclusively on paid | services.
| (3) Family caregivers are frequently under substantial | physical,
psychological, and financial stress. Unrelieved | by support services available
to the caregiver, this stress | may lead to premature or unnecessary
institutionalization | of the care recipient or deterioration in the health
| condition and family circumstances of the caregiver.
| (4) Two out of 3 family caregivers, due to being | employed outside the
home, experience additional stress. | Two-thirds of working caregivers report
conflicts between | work and caregiving, requiring them to rearrange their work
| schedules, work fewer than normal hours, or take an unpaid | leave of absence.
For this population, caregiver support | services have the added benefit of
allowing family | caregivers to remain active members of our State's
|
| workforce.
| Section 10. Legislative intent. It is the intent of the | General Assembly to
establish a multi-faceted family caregiver | support program to assist unpaid
family caregivers and | grandparents or other older individuals who are relative
| caregivers, who are informal providers of in-home and community | care to
older individuals or children.
| Services provided under this program shall do the | following:
| (1) Provide information, relief, and support to family | and other unpaid
caregivers of older individuals and | children.
| (2) Encourage family members to provide care for their | family
members who are older individuals and children.
| (3) Provide temporary substitute support services or | living arrangements
to allow
a period of relief or rest for | caregivers.
| (4) Be provided in the least restrictive setting | available consistent with
the individually assessed needs | of older individuals and children.
| (5) Include services appropriate to the needs of family | members caring for
older individuals and children, | including older individuals with dementia.
| (6) Provide family caregivers with services that | enable them to make
informed decisions about current and | future care plans, solve day-to-day
caregiving
problems, | learn essential care giving skills, and locate services | that may
strengthen their capacity to provide care.
| Section 15. Definitions. In this Act:
| "Caregiver" or "family caregiver" means an adult family | member, or another
individual, who is an informal provider of | in-home and community care to an
older individual, or a | grandparent or older individual who is a relative
caregiver.
| "Child" or "children" means an individual or individuals 18 |
| years of age or
under.
| "Department" means the Department on Aging.
| "Eligible participant" means a family caregiver or a | grandparent or older
individual who is a relative caregiver.
| "Family caregiver support services" includes, but is not | limited to, the
following:
| (1) Information to caregivers about available | services.
| (2) Assistance to caregivers in gaining access to the | services.
| (3) Individual counseling, organization of support | groups, and caregiver
training for caregivers to assist the | caregivers in making decisions and
solving problems | relating to their caregiving roles.
| (4) Respite care to enable
caregivers to be temporarily | relieved from
their
caregiving responsibilities.
| (5) Supplemental services, on a limited basis, to | complement the care
provided by the caregivers.
| (6) Other services as identified by the Department and | defined by rule.
| "Frail individual" means an older individual who is | determined to be
functionally impaired because the individual | (i) is unable to perform from at
least 2 activities of daily | living without substantial human assistance,
including
verbal | reminding, physical cueing, or supervision or (ii) due to a | cognitive or
other mental impairment, requires substantial | supervision because the
individual behaves in a manner that | poses a serious health or safety hazard to
the individual or to | another individual.
| "Grandparent or older individual who is a relative | caregiver" means a
grandparent or step-grandparent of a child, | or a relative of a child by blood
or marriage, who:
| (1) lives with the child;
| (2) is the primary caregiver for the child because the | child's biological
or adoptive parents are unable or | unwilling to serve as the primary caregiver
for the child; |
| and
| (3) has a legal relationship to the child, such as | legal custody or
guardianship, or is raising the child | informally.
| "Informal provider" means an individual who is not | compensated for the care
he or she provides.
| "Older individual" means an individual who is 60 years of | age or older,
except for a grandparent or older individual who | is a relative caregiver.
| "Respite care" means
substitute supports or living | arrangements provided on an intermittent,
occasional basis. | The term includes, but is not limited to, in-home respite
care, | adult day care, child care, and institutional care.
The term | also includes respite care as defined in Section 2 of the | Respite
Program Act to the extent that such services are | allowable and participants are
eligible under the National | Family Caregiver Support Program.
| Section 16. Family caregiver demonstration grant. The | Department shall seek
federal funding for the establishment and | assessment of a Family Caregiver
Training and Support | Demonstration Project. The Department is authorized to
fund
2 | sites, one in a rural community and one in a more urban area. | The
Department
shall adopt rules governing participation and | oversight of the program.
The Department shall seek technical | assistance from the Department of Public
Aid and the Department | of Human Services. The Department shall
advise the Governor and | the General Assembly regarding the effectiveness of
the program | within 6 months after the conclusion of the demonstration | period.
| Section 20. Powers and duties of the Department. The | Department shall
administer this Act and shall adopt rules and | standards the Department deems
necessary for that purpose.
At a | minimum, those rules and standards shall address the following:
| (1) Standards and mechanisms designed to ensure the |
| quality of services
provided with assistance made | available under this Act.
| (2) Data collection and record maintenance.
| The Department shall administer this Act in coordination | with Section 4.02
and related provisions of the Illinois Act on | the Aging.
| Section 25. Provision of services. The Department shall | contract with area
agencies on aging and other appropriate | agencies to conduct family caregiver
support services to the | extent of available State and federal funding.
Services | provided under this Act must be provided according to the | requirements
of federal law and rules, except for the provision | of services to grandparents
or older individuals who are | relative caregivers when State funding is utilized
to provide | those services.
| Section 30. Eligibility for respite and supplemental | services. When a
family
caregiver is providing in-home and | community care to an older individual, the
older
individual | must be a frail individual as defined in this Act in order for | the
family
caregiver to be eligible to receive respite and | supplemental services.
| Section 35. Health care practitioners and facilities not | impaired. Nothing
in this Act shall impair the practice of any | licensed health care practitioner
or licensed health care | facility.
| Section 40. Entitlement not created; funding; waivers.
| (a) Nothing in this Act
creates or provides
any individual | with an entitlement to services or benefits. It is the General
| Assembly's intent that services under this Act shall be made | available only to
the extent of the availability and level of | appropriations made by the General
Assembly.
| (b) The Director may seek and obtain State and federal |
| funds that may be
available to finance services under this Act, | and may also seek and
obtain other non-State resources for | which the State may be eligible.
| (c) The Department may seek appropriate waivers of federal | requirements from
the U.S. Department of Health and Human | Services.
| Section 90. The Respite Program Act is amended by changing | Sections 1.5, 2,
3, 4, 5, 6, 8, 11, and 12 as follows:
| (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
| Sec. 1.5. Purpose. It is hereby found and determined by | the General
Assembly that respite care provides relief and | support to the primary
care-giver of a frail or abused or | functionally disabled or
cognitively
impaired older adult and | provides
by providing a break for the
caregiver from the | continuous
responsibilities of care-giving. Without this | support, the primary
care-giver's ability to continue in his or | her role would be jeopardized;
thereby increasing the risk of | institutionalization of the frail or abused
or
functionally
| disabled or cognitively impaired older adult.
| By providing
improving and expanding the in-home respite | care
services currently
available through intermittent planned | or emergency relief to the care-giver
during the regular | week-day, evening, and weekend hours, both the special
physical | and psychological needs of the primary care-giver and the frail | or
abused or functionally disabled, or cognitively impaired | older adult,
who
is the recipient of continuous care, shall be | met reducing or preventing
the need for institutionalization.
| Furthermore, the primary care-giver providing continuous | care is
frequently under substantial financial stress. Respite | care and other
supportive services sustain and preserve the | primary care-giver and family
caregiving unit. It is the intent | of the General Assembly that this
amendatory Act of 1992 ensure | that Illinois primary care-givers of
frail or abused or | functionally disabled or cognitively impaired
older
adults |
| have access to affordable, appropriate in-home respite care | services.
| (Source: P.A. 87-974.)
| (320 ILCS 10/2) (from Ch. 23, par. 6202)
| Sec. 2. Definitions. As used in this Act:
| (1) "Respite care" means the provision of intermittent and | temporary
substitute care or supervision of frail or abused or | functionally
disabled
or cognitively impaired older adults on | behalf of and in the absence
of the primary care-giver, for the | purpose of providing relief from the stress
or responsibilities | concomitant with providing constant care, so as to enable
the | care-giver to continue the provision of care in the home. | Respite care
should be available to sustain the primary
| care-giver throughout the period
of care-giving, which can vary | from several months to a number of years.
Respite care can be | provided in the home, in a community based day care
setting | during the day, overnight,
in a substitute residential setting | such as a long-term care facility
required to be licensed under | the Nursing Home Care Act or the Assisted Living
and Shared | Housing Act,
or for more extended periods of time on a
| temporary basis.
| (1.5) "In-home respite care" means care provided by an
| appropriately trained paid worker providing short-term | intermittent care,
supervision, or companionship to the frail | or
disabled adult in the home while relieving
the care-giver, | by permitting a short-term break from the care-giver's
| care-giving
role. This support may contribute to the delay, | reduction, and prevention of
institutionalization by enabling | the care-giver to continue in his or her
care-giving role. | In-home respite care should be flexible and available in a
| manner that is responsive to the needs of the care-giver. This
| may consist of evening respite care services that are available | from
6:00 p.m. to 8:00 a.m. Monday through Friday and weekend | respite care
services from 6:00 p.m. Friday to 8:00 a.m. | Monday.
|
| (2) "Care-giver" shall mean the family member or other | natural person
who normally provides the daily care or | supervision of a frail, abused or
disabled elderly adult. Such | care-giver may, but need not, reside in the
same household as | the frail or disabled adult.
| (3) (Blank).
"Provider" shall mean any entity enumerated in | paragraph
(1) of
this Section which is the supplier of services | providing respite.
| (4) (Blank).
"Sponsor" shall mean the provider, public | agency or
community group
approved by the Director which | establishes a contractual relationship with
the Department for | the purposes of providing services to persons under this
Act, | and which is responsible for the recruitment of providers, the
| coordination and arrangement of provider services in a manner | which meets
client needs, the general supervision of the local | program, and the submission
of such information or reports as | may be required by the Director.
| (5) (Blank).
"Director" shall mean the Director of Aging.
| (6) "Department" shall mean the Department on Aging.
| (7) (Blank).
"Abused" shall have the same meaning ascribed | to it in
Section 103
of the Illinois Domestic Violence Act of | 1986.
| (8) "Frail or disabled adult" shall mean any person | suffering
from Alzheimer's disease who is 60
55 years of age or | older and
or any adult
60 years of age or older, who either (i) | suffers from Alzheimer's disease
or a related disorder or (ii)
| is unable to attend to his or her daily needs
without the | assistance or regular supervision of a care-giver due to mental
| or physical impairment and who is otherwise eligible for | services on the
basis of his or her level of impairment.
| (9) "Emergency respite care" means the immediate placement | of a
trained, in-home respite care worker in the home during an | emergency or
unplanned event, or during a temporary placement | outside the home, to
substitute for the primary care-giver. | Emergency respite
care may be provided in the home on one or | more occasions unless an
extension is deemed necessary by the |
| case coordination unit or by another agency designated by the | Department and area agencies on aging to conduct needs | assessments for respite care services. When there
is an urgent | need for emergency respite care, procedures to accommodate
this | need must be determined. An emergency is:
| (a) An unplanned event that results in the immediate | and unavoidable
absence of the primary care-giver from the | home in an excess of 4 hours at
a
time when no other | qualified care-giver is available.
| (b) An unplanned situation that prevents the primary
| care-giver from
providing the care required by a frail or | abused or functionally disabled
or cognitively impaired
| adult living at home.
| (c) An unplanned event that threatens the health and | safety of the
frail or disabled adult.
| (d) An unplanned event that threatens the health and | safety of the
primary care-giver thereby placing the frail | or abused or functionally
disabled or cognitively impaired | older adult in danger.
| (10) (Blank).
"Primary care-giver" means the spouse, | relative, or
friend,
18 years
of age or older, who provides the | daily in-home care and supervision of a
frail or abused or | functionally disabled or cognitively impaired older
adult. A | primary care-giver may, but does not need to, reside in the | same
household as the frail or abused or functionally disabled | or cognitively
impaired adult. A primary care-giver requires | intermittent relief from
his or her caregiving duties to | continue to function as the
primary care-giver.
| (Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
| (320 ILCS 10/3) (from Ch. 23, par. 6203)
| Sec. 3. Respite Program. The Director is hereby authorized | to administer
a program of
establish
respite projects for the | purposes of providing care and assistance to persons
in need | and to deter the institutionalization of frail or disabled or
| functionally disabled or cognitively impaired adults.
|
| (Source: P.A. 87-974.)
| (320 ILCS 10/4) (from Ch. 23, par. 6204)
| Sec. 4. No Limit to Care. Nothing contained in this Act | shall be construed
so as to limit, modify or otherwise affect | the provisions, for
long-term
in-home services being provided | under , of Section 4.02 of the Illinois
Act on the Aging.
| (Source: P.A. 87-974.)
| (320 ILCS 10/5) (from Ch. 23, par. 6205)
| Sec. 5. Eligibility. The Department may establish | eligibility standards for
respite services taking into | consideration the unique economic and social needs
of the | population for whom they are to be provided. The population | identified
for the purposes of this Act includes persons | suffering from Alzheimer's
disease or a related disorder and | persons who are 60
55 years
of age or older, or persons age 60
| and older with
an identified service need. Priority shall be | given in all cases to frail,
abused or functionally disabled or | cognitively impaired adults.
| (Source: P.A. 87-974.)
| (320 ILCS 10/6) (from Ch. 23, par. 6206)
| Sec. 6. Responsibilities.
The following requirements | shall apply for
any projects authorized under Section 3 of this | Act:
| (a) The Department
Director shall administer this Act and | shall
adopt rules and standards the Department deems necessary | for that purpose
establish target areas needing respite care
| services.
| (b) The Department
Director shall make grants to or | contract with
Area Agencies on Aging and other appropriate | community-based organizations to
provide respite care under | this Act
publicize the existence of, and
make available,
| application forms for sponsors seeking to
establish a respite | program.
|
| (c) (Blank).
The application forms shall require the | following
information and any
other information the Director | deems necessary.
| (1) Identity and qualifications of a sponsor.
| (2) Identity and qualifications of a provider and a | plan for the
coordination of services.
| (3) An assessment of the community need, support and | participation for
respite services. The assessment shall | include documentation.
| (4) Plans for the coordination and arrangement of | provider services in a
manner that meets client needs.
| (5) A fiscal plan, including specific provisions for | the utilization
of existing reimbursement and funding | sources and the development of local
financial support.
| (6) Plans for publicizing the purpose of the project | and the services to
be provided.
| (7) Certification of licensure or certification of any | individual,
agency or family providing a service subject to | licensure, or certification
under State law.
| (d) (Blank).
The Director shall review and evaluate
each | application and present
each application for review and | evaluation by the Council on Aging
established under Section 7 | of the Illinois Act on the Aging. The Council
and the | Department shall approve a number of applications and, within | the
amounts appropriated, award grants for the operation of | respite programs.
| (e) (Blank).
The application approved by the Director and | the Council
on Aging
shall be the service plan of the provider. | The Director
shall ensure that each service plan is coordinated | with the designated area
agency provided for in Sections 3.07 | and 3.08 of the Illinois Act on the
Aging, the local public | health authority, and any other public or private
service | provider to ensure that every effort will be made to utilize
| existing funding sources and service providers and to avoid | unnecessary
duplication of services.
| (f) Nothing in this Act shall be construed to limit, |
| modify, or otherwise
affect the provision of long-term in-home | services under Section 4.02 of the
Illinois Act on the Aging.
| (Source: P.A. 87-974.)
| (320 ILCS 10/8) (from Ch. 23, par. 6208)
| Sec. 8. Funding.
Services
Respite projects authorized | under this Act
shall be
funded only to the extent of available | appropriations for such purposes. The
Director may
shall seek | and obtain State and federal funds that may
be
available to | finance respite care
grants awarded under Section 6 of this | Act, and may
shall also
seek and obtain
other non-state | resources for which the State may be eligible.
Implementation
| of projects under this Act shall be contingent upon the | availability of federal
financial participation. To the extent | necessary for implementation of this
Act, The Department may
| shall seek appropriate waivers of federal
requirements from
the | U.S. Department of Health and Human Services.
| (Source: P.A. 87-974.)
| (320 ILCS 10/11) (from Ch. 23, par. 6211)
| Sec. 11. Respite Care Worker Training.
| (a) A respite care worker shall be an appropriately trained
| individual whose duty it is to provide in-home supervision and | assistance to a
frail or abused or functionally disabled or | cognitively impaired
older
adult in order to allow the primary
| care-giver a break from his or her
continuous care-giving | responsibilities.
| (b) The Director may prescribe minimum training guidelines
| standards
for respite
care workers to ensure that the special | needs of persons receiving services
under this Act and their | primary caregivers will be met. The Director may
designate | Alzheimer's disease associations and community agencies to
| conduct such training. Nothing in this Act should be construed | to exempt
any individual providing a service subject to | licensure or certification
under State law from these | requirements.
|
| (Source: P.A. 87-974.)
| (320 ILCS 10/12) (from Ch. 23, par. 6212)
| Sec. 12. Annual Report. The Director shall submit a report | each year
to the Governor and the General Assembly detailing | the progress of the
respite care services provided
programs | established under this Act. The report shall include:
| (a) a financial report for each program;
| (b) a qualitative and quantitative profile of sponsors, | providers,
care-givers and recipients participating in the | program;
| (c) a comparative assessment of the costs and effectiveness | of each
service or combination of services provided;
| (d) an assessment of the nature and extent of the demand | for services; and
| (e) an evaluation of the success of programs receiving | grants for
services.
| (Source: P.A. 87-974.)
| (320 ILCS 10/7 rep.)
| (320 ILCS 10/9 rep.)
| (320 ILCS 10/10 rep.)
| Section 91. The Respite Program Act is amended by repealing | Sections 7, 9,
and
10.
| Section 99. Effective date. This Act takes effect on July | 1, 2004.
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Effective Date: 8/5/2004
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