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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.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Family Caregiver Act.
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Section 5. Legislative findings. The General Assembly |
recognizes the
following:
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(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
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institutionalization of the State's residents.
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(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.
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(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
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condition and family circumstances of the caregiver.
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(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
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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
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workforce.
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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
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caregivers, who are informal providers of in-home and community |
care to
older individuals or children.
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Services provided under this program shall do the |
following:
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(1) Provide information, relief, and support to family |
and other unpaid
caregivers of older individuals and |
children.
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(2) Encourage family members to provide care for their |
family
members who are older individuals and children.
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(3) Provide temporary substitute support services or |
living arrangements
to allow
a period of relief or rest for |
caregivers.
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(4) Be provided in the least restrictive setting |
available consistent with
the individually assessed needs |
of older individuals and children.
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(5) Include services appropriate to the needs of family |
members caring for
older individuals and children, |
including older individuals with dementia.
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(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.
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Section 15. Definitions. In this Act:
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"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.
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"Child" or "children" means an individual or individuals 18 |
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years of age or
under.
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"Department" means the Department on Aging.
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"Eligible participant" means a family caregiver or a |
grandparent or older
individual who is a relative caregiver.
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"Family caregiver support services" includes, but is not |
limited to, the
following:
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(1) Information to caregivers about available |
services.
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(2) Assistance to caregivers in gaining access to the |
services.
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(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.
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(4) Respite care to enable
caregivers to be temporarily |
relieved from
their
caregiving responsibilities.
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(5) Supplemental services, on a limited basis, to |
complement the care
provided by the caregivers.
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(6) Other services as identified by the Department and |
defined by rule.
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"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.
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"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:
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(1) lives with the child;
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(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; |
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and
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(3) has a legal relationship to the child, such as |
legal custody or
guardianship, or is raising the child |
informally.
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"Informal provider" means an individual who is not |
compensated for the care
he or she provides.
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"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.
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"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.
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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.
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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:
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(1) Standards and mechanisms designed to ensure the |
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quality of services
provided with assistance made |
available under this Act.
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(2) Data collection and record maintenance.
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The Department shall administer this Act in coordination |
with Section 4.02
and related provisions of the Illinois Act on |
the Aging.
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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.
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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.
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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.
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Section 40. Entitlement not created; funding; waivers.
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(a) Nothing in this Act
creates or provides
any individual |
with an entitlement to services or benefits. It is the General
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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.
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(b) The Director may seek and obtain State and federal |
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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.
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(c) The Department may seek appropriate waivers of federal |
requirements from
the U.S. Department of Health and Human |
Services.
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Section 90. The Respite Program Act is amended by changing |
Sections 1.5, 2,
3, 4, 5, 6, 8, 11, and 12 as follows:
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(320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
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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
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disabled or cognitively impaired older adult.
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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.
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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 |
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have access to affordable, appropriate in-home respite care |
services.
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(Source: P.A. 87-974.)
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(320 ILCS 10/2) (from Ch. 23, par. 6202)
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Sec. 2. Definitions. As used in this Act:
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(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
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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
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temporary basis.
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(1.5) "In-home respite care" means care provided by an
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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
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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
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manner that is responsive to the needs of the care-giver. This
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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.
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(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.
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(3) (Blank).
"Provider" shall mean any entity enumerated in |
paragraph
(1) of
this Section which is the supplier of services |
providing respite.
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(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
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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.
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(5) (Blank).
"Director" shall mean the Director of Aging.
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(6) "Department" shall mean the Department on Aging.
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(7) (Blank).
"Abused" shall have the same meaning ascribed |
to it in
Section 103
of the Illinois Domestic Violence Act of |
1986.
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(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)
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is unable to attend to his or her daily needs
without the |
assistance or regular supervision of a care-giver due to mental
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or physical impairment and who is otherwise eligible for |
services on the
basis of his or her level of impairment.
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(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 |
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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:
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(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.
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(b) An unplanned situation that prevents the primary
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care-giver from
providing the care required by a frail or |
abused or functionally disabled
or cognitively impaired
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adult living at home.
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(c) An unplanned event that threatens the health and |
safety of the
frail or disabled adult.
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(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.
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(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.
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(Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
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(320 ILCS 10/3) (from Ch. 23, par. 6203)
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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
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functionally disabled or cognitively impaired adults.
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(Source: P.A. 87-974.)
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(320 ILCS 10/4) (from Ch. 23, par. 6204)
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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.
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(Source: P.A. 87-974.)
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(320 ILCS 10/5) (from Ch. 23, par. 6205)
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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
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and older with
an identified service need. Priority shall be |
given in all cases to frail,
abused or functionally disabled or |
cognitively impaired adults.
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(Source: P.A. 87-974.)
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(320 ILCS 10/6) (from Ch. 23, par. 6206)
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Sec. 6. Responsibilities.
The following requirements |
shall apply for
any projects authorized under Section 3 of this |
Act:
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(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
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services.
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(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,
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application forms for sponsors seeking to
establish a respite |
program.
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(c) (Blank).
The application forms shall require the |
following
information and any
other information the Director |
deems necessary.
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(1) Identity and qualifications of a sponsor.
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(2) Identity and qualifications of a provider and a |
plan for the
coordination of services.
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(3) An assessment of the community need, support and |
participation for
respite services. The assessment shall |
include documentation.
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(4) Plans for the coordination and arrangement of |
provider services in a
manner that meets client needs.
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(5) A fiscal plan, including specific provisions for |
the utilization
of existing reimbursement and funding |
sources and the development of local
financial support.
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(6) Plans for publicizing the purpose of the project |
and the services to
be provided.
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(7) Certification of licensure or certification of any |
individual,
agency or family providing a service subject to |
licensure, or certification
under State law.
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(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.
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(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
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existing funding sources and service providers and to avoid |
unnecessary
duplication of services.
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(f) Nothing in this Act shall be construed to limit, |
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modify, or otherwise
affect the provision of long-term in-home |
services under Section 4.02 of the
Illinois Act on the Aging.
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(Source: P.A. 87-974.)
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(320 ILCS 10/8) (from Ch. 23, par. 6208)
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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
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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
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shall seek appropriate waivers of federal
requirements from
the |
U.S. Department of Health and Human Services.
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(Source: P.A. 87-974.)
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(320 ILCS 10/11) (from Ch. 23, par. 6211)
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Sec. 11. Respite Care Worker Training.
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(a) A respite care worker shall be an appropriately trained
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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
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care-giver a break from his or her
continuous care-giving |
responsibilities.
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(b) The Director may prescribe minimum training guidelines
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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
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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.
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(Source: P.A. 87-974.)
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(320 ILCS 10/12) (from Ch. 23, par. 6212)
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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:
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(a) a financial report for each program;
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(b) a qualitative and quantitative profile of sponsors, |
providers,
care-givers and recipients participating in the |
program;
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(c) a comparative assessment of the costs and effectiveness |
of each
service or combination of services provided;
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(d) an assessment of the nature and extent of the demand |
for services; and
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(e) an evaluation of the success of programs receiving |
grants for
services.
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(Source: P.A. 87-974.)
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(320 ILCS 10/7 rep.)
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(320 ILCS 10/9 rep.)
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(320 ILCS 10/10 rep.)
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Section 91. The Respite Program Act is amended by repealing |
Sections 7, 9,
and
10.
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Section 99. Effective date. This Act takes effect on July |
1, 2004.
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