Public Act 102-0885
 
SB3490 EnrolledLRB102 23345 KTG 32511 b


  
    AN ACT concerning LGBTQ older adults.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Act on the Aging is amended  by 
changing Sections 3, 7.01, and 7.09 and  by adding Sections 
3.12, 3.13, 8.10, 8.11, and 8.12 as follows:
 



    (20 ILCS 105/3)  (from Ch. 23, par. 6103)



    Sec. 3. 
As used in this Act, unless the context otherwise 
requires, the
terms specified in Sections 3.01 through 3.13 
3.11 have the meanings
ascribed to
them in those Sections.

(Source: P.A. 101-325, eff. 8-9-19.)

 
    (20 ILCS 105/3.12 new)
    Sec. 3.12. "Commission" means the Illinois Commission on 
LGBTQ Aging.
 
    (20 ILCS 105/3.13 new)
    Sec. 3.13. "LGBTQ older adults" means adults 55 years of 
age or older who are lesbian, gay, bisexual, transgender, 
intersex, gender non-conforming, Two-Spirit, non-binary, 
same-gender-loving, queer, or any other diverse sexual 
orientation or gender identity.
 



    (20 ILCS 105/7.01)  (from Ch. 23, par. 6107.01)



    Sec. 7.01. 

The Council shall consist of 31 voting members, 
including: two Senators
appointed by the President of the 
Senate; two Senators appointed by the
Senate Minority Leader; 
two Representatives appointed by the Speaker of the
House of 
Representatives; two Representatives appointed by the House

Minority Leader; and twenty three citizen members, at least 
sixteen of whom
shall be senior citizens. Of the citizen 
members, at least 7 shall represent underrepresented 
communities as follows: 

        (1) one member who is a lesbian, gay, bisexual, or 
    queer individual; 
        (2) one member who is a transgender or 
    gender-expansive individual; 
        (3) one member who is a person living with HIV; 
        (4) one member who is an African-American or Black 
    individual; 
        (5) one member who is a Hispanic or Latino individual; 
        (6) one member who is an Asian-American or Pacific 
    Islander individual; and 
        (7) one member who is an ethnically diverse 
    individual. 
(Source: P.A. 78-242.)

 



    (20 ILCS 105/7.09)  (from Ch. 23, par. 6107.09)



    Sec. 7.09. The Council shall have the following powers and 
duties:

        (1) review and comment upon reports of the Department 
    to the Governor
and the General Assembly;

        (2) prepare and submit to the Governor, the General 
    Assembly and the
Director an annual report evaluating the 
    level and quality of all programs,
services and facilities 
    provided to the aging by State agencies;

        (3) review and comment upon the comprehensive state 
    plan prepared by the
Department;

        (4) review and comment upon disbursements by the 
    Department of public
funds to private agencies;

        (5) recommend candidates to the Governor for 
    appointment as Director of
the Department;

        (6) consult with the Director regarding the operations 
    of the
Department; and .

        (7) review and support implementation of the 
    Commission's recommendations as identified in the 
    Commission's Second Report, which shall be issued no later 
    than March 30, 2025. 
    The requirement for reporting to the General Assembly 
shall be satisfied
by filing copies of the report 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 Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

 
    (20 ILCS 105/8.10 new)
    Sec. 8.10. The Illinois Commission on LGBTQ Aging.
    (a) Commission purpose. The Commission is created to 
investigate, analyze, and study the health, housing, 
financial, psychosocial, home-and-community-based services, 
assisted living, and long-term care needs of LGBTQ older 
adults and their caregivers. The Commission shall make 
recommendations to improve access to benefits, services, and 
supports for LGBTQ older adults and their caregivers. The 
Commission, in formulating its recommendations, shall take 
into account the best policies and practices in other states 
and jurisdictions.  Specifically, the Commission shall:
        (1) Examine the impact of State and local laws, 
    policies, and regulations on LGBTQ older adults and make 
    recommendations to ensure equitable access, treatment, 
    care and benefits, and overall quality of life. 
        (2) Examine best practices for increasing access, 
    reducing isolation, preventing abuse and exploitation, 
    promoting independence and self-determination, 
    strengthening caregiving, eliminating disparities, and 
    improving overall quality of life for LGBTQ older adults. 
        (3) Examine the impact of race, ethnicity, sex 
    assigned at birth, socioeconomic status, disability, 
    sexual orientation, gender identity, and other 
    characteristics on access to services for LGBTQ older 
    adults and make recommendations to ensure equitable 
    access, treatment, care, and benefits and overall quality 
    of life. 
        (4) Examine the experiences and needs of LGBTQ older 
    adults living with HIV/AIDS and make recommendations to 
    ensure equitable access, treatment, care, benefits, and 
    overall quality of life. 
        (5) Examine strategies to increase provider awareness 
    of the needs of LGBTQ older adults and their caregivers 
    and to improve the competence of and access to treatment, 
    services, and ongoing care, including preventive care. 
        (6) Examine the feasibility of developing statewide 
    training curricula to improve provider competency in the 
    delivery of culturally responsive health, housing, and 
    long-term support services to LGBTQ older adults and their 
    caregivers. 
        (7) Assess the funding and programming needed to 
    enhance services to the growing population of LGBTQ older 
    adults. 
        (8) Examine whether certain policies and practices, or 
    the absence thereof, promote the premature admission of 
    LGBTQ older adults to institutional care, and examine 
    whether potential cost-savings exist for LGBTQ older 
    adults as a result of providing lower cost and culturally 
    responsive home and community-based alternatives to 
    institutional care. 
        (9) Examine outreach protocols to reduce apprehension 
    among LGBTQ older adults and caregivers of utilizing 
    mainstream providers. 
        (10) Evaluate the implementation status of Public Act 
    101-325. 
        (11) Evaluate the implementation status of Public Act 
    102-543, examine statewide strategies for the collection 
    of sexual orientation and gender identity data and the 
    impact of these strategies on the provision of services to 
    LGBTQ older adults, and conduct a statewide survey 
    designed to approximate the number of LGBTQ older adults 
    in the State and collect demographic information (if 
    resources allow for the implementation of a survey 
    instrument). 
    (b) Commission members. 
        (1) The Commission shall include at least all of the 
    following persons who must be appointed by the Governor 
    within 60 days after the effective date of this amendatory 
    Act of the 102nd General Assembly: 
            (A) one member from a statewide organization that 
        advocates for older adults; 
            (B) one member from a national organization that 
        advocates for LGBTQ older adults; 
            (C) one member from a community-based, multi-site 
        healthcare organization founded to serve LGBTQ people; 
            (D) the director of senior services from a 
        community center serving LGBTQ people, or the 
        director's designee; 
            (E) one member from an HIV/AIDS service 
        organization; 
            (F) one member from an organization that is a 
        project incubator and think tank that is focused on 
        action that leads to improved outcomes and 
        opportunities for LGBTQ communities; 
            (G) one member from a labor organization that 
        provides care and services for older adults in 
        long-term care facilities; 
            (H) one member from a statewide association 
        representing long-term care facilities; 
            (I) 5 members from organizations that serve Black, 
        Asian-American, Pacific Islander, Indigenous, or 
        Latinx LGBTQ people; 
            (J) one member from a statewide organization for 
        people with disabilities; and 
            (K) 10 LGBTQ older adults, including at least: 
                (i) 3 members who are transgender or 
            gender-expansive individuals; 
                (ii) 2 members who are older adults living 
            with HIV; 
                (iii) one member who is Two-Spirit; 
                (iv) one member who is an African-American or 
            Black individual; 
                (v) one member who is a Latinx individual; 
                (vi) one member who is an Asian-American or 
            Pacific Islander individual; and 
                (vii) one member who is an ethnically diverse 
            individual. 
        (2) The following State agencies shall each designate 
    one representative to serve as an ex officio member of the 
    Commission: the Department, the Department of Public 
    Health, the Department of Human Services, the Department 
    of Healthcare and Family Services, and the Department of 
    Veterans' Affairs. 
        (3) Appointing authorities shall ensure, to the 
    maximum extent practicable, that the Commission is diverse 
    with respect to race, ethnicity, age, sexual orientation, 
    gender identity, gender expression, and geography. 
        (4) Members of the Commission shall serve until this 
    Section is repealed. Members shall continue to serve until 
    their successors are appointed. Any vacancy shall be 
    filled by the appointing authority. Any vacancy occurring 
    other than by the dissolution of the Commission shall be 
    filled for the balance of the unexpired term. Members of 
    the Commission shall serve without compensation but shall 
    be reimbursed for expenses necessarily incurred in the 
    performance of their duties. 
    (c) Commission organization. The Commission shall provide 
for its organization and procedure, including selection of the 
chairperson and vice-chairperson. A majority of the Commission 
shall constitute a quorum for the transaction of business. 
Administrative and other support for the Commission shall be 
provided by the Department. Any State agency under the 
jurisdiction of the Governor shall provide testimony and 
information as directed by the Commission. 
    (d) Meetings and reports. The Commission shall: 
        (1) Hold at least one public meeting per quarter. 
    Public meetings may be virtually conducted. 
        (2) No later than March 30, 2023, submit a First 
    Report to the Illinois General Assembly that contains 
    findings and recommendations, including any recommended 
    legislation. The First Report shall be made available to 
    the public on the Department's publicly accessible 
    website. 
        (3) No later than March 30, 2025, submit a Second 
    Report in the same manner as the First Report, containing 
    updates to the findings and recommendations contained in 
    the First Report. The Second Report shall be made 
    available to the public on the Department's publicly 
    accessible website. 
    The Department and Commission may collaborate with an 
institution of higher education in Illinois to compile the 
First Report and Second Report. 
    (e) This Section is repealed 3 years after the effective 
date of this amendatory Act of the 102nd General Assembly. 
 
    (20 ILCS 105/8.11 new)
    Sec. 8.11. LGBTQ Older Adult Advocate.
    (a) The Director shall designate an LGBTQ Older Adult 
Advocate to discharge the requirements of this Section. The 
LGBTQ Older Adult Advocate shall have the powers delegated to 
them by the Department, in addition to the powers set forth in 
this Section.
    (b) The LGBTQ Older Adult Advocate shall: 
        (1) advocate for LGBTQ older adults and older adults 
    living with HIV who experience barriers to accessing and 
    utilizing services; 
        (2) ensure the needs and perspectives of LGBTQ older 
    adults and older adults living with HIV are included and 
    incorporated in the Department's decision-making and 
    policymaking processes and throughout the Department's 
    operations and programs; 
        (3) recommend to and assist providers and the public 
    with identifying how best to serve and affirm LGBTQ older 
    adults and older adults living with HIV; 
        (4) administer and oversee the curriculum and training 
    program established by Section 8.12 of this Act; 
        (5) support LGBTQ older adults and older adults living 
    with HIV with information about their civil rights and 
    ability to access federal, State, and local aging services 
    and benefits; and 
        (6) support the work and policy recommendations of the 
    Commission on LGBTQ Aging, the Council on Aging, and the 
    State Plan on Aging. 
    (c) In meeting the requirements of this Section, the LGBTQ 
Older Adult Advocate shall collaborate with organizations or 
individuals that affirm LGBTQ older adults and older adults 
living with HIV and have recognized expertise in identifying 
and addressing the legal and social challenges faced by LGBTQ 
older adults and older adults living with HIV. 
    (d) The Department shall maintain information about the 
LGBTQ Older Adult Advocate, including contact information, on 
the Department's publicly accessible website. 
    (e) The Department may adopt rules for the administration, 
implementation, and enforcement of this Section. 
 
    (20 ILCS 105/8.12 new)
    Sec. 8.12. LGBTQ Older Adult Curriculum and Training 
Program.
    (a) All providers of services who contract with or receive 
funding from the Department shall complete a curriculum and 
training program on the prevention and elimination of 
discrimination based on sexual orientation, gender identity, 
and gender expression and on providing affirming care and 
improving access to services for LGBTQ older adults, older 
adults living with HIV, and their caregivers. The curriculum 
and training program must be completed by all employees of 
each provider as well as the employees of the provider's 
subgrantees and vendors. Providers shall complete training in 
accordance with the Department's established training 
requirements. Providers must maintain records of when each 
employee completes the curriculum and training program. Such 
proof of completion shall be made available to the Department 
upon its request. 
    (b) The Department may develop the curriculum and training 
program or may contract with organizations or individuals to 
provide their curriculum and training program. Such 
organizations or individuals must affirm LGBTQ older adults 
and older adults living with HIV and have recognized expertise 
in identifying and addressing the legal and social challenges 
faced by LGBTQ older adults and older adults living with HIV. 
If the Department develops its own curriculum and training 
program, the Department shall collaborate on developing the 
program with individuals and organizations that affirm LGBTQ 
older adults and older adults living with HIV and have 
recognized expertise in identifying and addressing the legal 
and social challenges faced by LGBTQ older adults and older 
adults living with HIV. At a minimum, the curriculum and 
training program required by this Section must address the 
following: 
        (1) definitions of common terms and examples 
    associated with sexual orientation, gender identity, and 
    gender expression; 
        (2) affirming methods of communicating with or about 
    LGBTQ older adults and older adults living with HIV; 
        (3) the health and social challenges historically 
    faced by LGBTQ older adults and older adults living with 
    HIV; 
        (4) the importance of professionalism by providers and 
    the way caretaker attitudes affect access to care, 
    services, participation, and overall physical and mental 
    health outcomes; 
        (5) methods to create a safe and affirming environment 
    and the penalties for failing to meet legal and 
    professional standards; and 
        (6) legal issues relating to LGBTQ older adults and 
    older adults living with HIV, including, but not limited 
    to, civil rights and marriage laws. 
    (c) The curriculum and training program established in 
accordance with this Section shall be implemented by the 
Department within 12 months after the effective date of this 
amendatory Act of the 102nd General Assembly. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  5/16/2022