20 ILCS 105/ – Illinois Act on the Aging.

(20 ILCS 105/1) (from Ch. 23, par. 6101)

Sec. 1.

This Act shall be known and may be cited as the “Illinois Act on the
Aging”.

(Source: P.A. 78-242.)

 

(20 ILCS 105/2) (from Ch. 23, par. 6102)

Sec. 2.

The ability of the constantly increasing number of aged in the State to
maintain self-sufficiency and personal well-being with the dignity to which
their years of labor entitle them and to realize their maximum potential as
creative and productive individuals are matters of profound import and
concern for all of the people of this State.

The purposes of this Act are to provide a comprehensive and coordinated
service system for the State’s aging population, giving high priority to
those persons in greatest need; to conduct studies and research into the
needs and problems of the aging; and to insure participation by the aging
in the planning and operation of all phases of the system.

(Source: P.A. 78-242.)

 

(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 have the meanings
ascribed to
them in those Sections.

(Source: P.A. 101-325, eff. 8-9-19; 102-885, eff. 5-16-22.)

 

(20 ILCS 105/3.01) (from Ch. 23, par. 6103.01)

Sec. 3.01.

“Department” means the Department on Aging created by this Act.

(Source: P.A. 78-242.)

 

(20 ILCS 105/3.02) (from Ch. 23, par. 6103.02)

Sec. 3.02.

“Director” means the Director of the Department.

(Source: P.A. 78-242.)

 

(20 ILCS 105/3.03) (from Ch. 23, par. 6103.03)

Sec. 3.03.

“Council” means the Council on Aging created by this Act.

(Source: P.A. 78-242.)

 

(20 ILCS 105/3.04)

Sec. 3.04. (Repealed).

(Source: P.A. 89-249, eff. 8-4-95. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/3.05) (from Ch. 23, par. 6103.05)

Sec. 3.05.

“Aged” or “senior citizen” means a person of 55 years of age or older,
or a person nearing the age of 55 for whom opportunities for employment and
participation in community life are unavailable or severely limited and
who, as a result thereof, has difficulty in maintaining self-sufficiency
and contributing to the life of the community.

(Source: P.A. 78-242.)

 

(20 ILCS 105/3.06) (from Ch. 23, par. 6103.06)

Sec. 3.06.

“Services” means those services designed to provide assistance to the
aged such as nutritional programs, facilities improvement, transportation
services, senior volunteer programs, senior companion programs,
supplementary health services,
programs for leisure-time activities, housing and employment counseling,
benefits advocacy, and
other informational, referral, and counseling programs to aid the aged in
availing themselves of existing public or private services, or other
similar social services intended to aid the senior citizen in attaining and
maintaining self-sufficiency, personal well-being, and maximum
participation in community life.

(Source: P.A. 88-252; 89-590, eff. 1-1-97.)

 

(20 ILCS 105/3.07) (from Ch. 23, par. 6103.07)

Sec. 3.07.

“Area agency on aging” means any public or non-profit private
agency in a planning and service area designated by the Department, which
is eligible for funds available under the Older Americans Act and other
funds made available by the State of Illinois or the federal government.

Responsibilities of “area agencies” shall include the development of
an area plan that provides for the development of a comprehensive and
coordinated
service delivery system for social and nutrition services needed by older
persons and to define the special needs of minority senior citizens in the
planning and service area in which the area agency enters
into cooperative arrangements with other service planners and providers to:

• (1) Facilitate access to and utilization of all existing services;
• (2) Develop social and nutrition services effectively and efficiently to meet the needs of older persons; and
• (3) Coordinate existing services to meet the special needs and circumstances of minority senior citizens.

(Source: P.A. 88-254.)

 

(20 ILCS 105/3.08) (from Ch. 23, par. 6103.08)

Sec. 3.08.

“Planning and Service Area” means a geographic area of the
State that is designated by the Department for the purposes of planning,
development, delivery, and overall administration of services under the area
plan. Within each planning and service area the Department must designate
an area agency on aging. For the purposes of this Section such planning
and service areas shall be as follows:

Area 1, which is comprised of the counties of Jo Daviess, Stephenson, Winnebago,
Boone, Carroll, Ogle, DeKalb, Whiteside and Lee;

Area 2, which is comprised of the counties of McHenry, Lake, Kane, DuPage,
Kendall, Will, Grundy and Kankakee;

Area 3, which is comprised of the counties of Rock Island, Mercer, Henry,
Bureau, LaSalle, Putnam, Henderson, Warren, Knox and McDonough;

Area 4, which is comprised of the counties of Stark, Marshall, Peoria,
Woodford, Fulton and Tazewell;

Area 5, which is comprised of the counties of Livingston, Iroquois, McLean,
Ford, DeWitt, Piatt, Champaign, Vermilion, Macon, Moultrie, Douglas, Edgar,
Shelby, Coles, Clark and Cumberland;

Area 6, which is comprised of the counties of Hancock, Schuyler, Adams,
Brown, Pike and Calhoun;

Area 7, which is comprised of the counties of Mason, Logan, Cass, Menard,
Scott, Morgan, Sangamon, Christian, Greene, Macoupin, Montgomery and Jersey;

Area 8, which is comprised of the counties of Madison, Bond, St. Clair,
Clinton, Monroe, Washington and Randolph;

Area 9, which is comprised of the counties of Fayette, Effingham, Marion,
Clay and Jefferson;

Area 10, which is comprised of the counties of Jasper, Crawford, Richland,
Lawrence, Wayne, Edwards, Wabash, Hamilton and White;

Area 11, which is comprised of the counties of Perry, Franklin, Jackson,
Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski
and Massac;

Area 12, which is comprised of the City of Chicago in Cook County; and

Area 13, which is comprised of the County of Cook outside the City of Chicago.

At the discretion of the Department and the county, a county of 500,000
population or more may form its own area agency.

(Source: P.A. 82-979.)

 

(20 ILCS 105/3.09) (from Ch. 23, par. 6103.09)

Sec. 3.09.

“Multipurpose senior center” means a community facility for
the organization and provision of a broad spectrum of services, including
but not limited to provision of health, social, nutritional and educational
services and provision of facilities for recreational activities for senior
citizens.

(Source: P.A. 86-1482.)

 

(20 ILCS 105/3.10)

Sec. 3.10.
“Minority senior citizen” means any person
55 years of age or older for whom
opportunities for employment and participation in community life are
unavailable or
severely limited and who is any of the following:

• (1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
• (2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
• (3) Black or African American (a person having origins in any of the black racial groups of Africa).
• (4) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
• (5) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

(Source: P.A. 102-465, eff. 1-1-22.)

 

(20 ILCS 105/3.11)

Sec. 3.11. Greatest social need. For the purposes of 89 Ill. Adm. Code 210.50, “greatest social need” means the need caused by noneconomic factors that restrict an individual’s ability to perform normal daily tasks or that threaten his or her capacity to live independently. These factors include physical or mental disability, language barriers, and cultural or social isolation caused by, among other things, racial and ethnic status, sexual orientation, gender identity, gender expression, or HIV status.

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

 

(20 ILCS 105/3.12)

Sec. 3.12. “Commission” means the Illinois Commission on LGBTQ Aging.

(Source: P.A. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/3.13)

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.

(Source: P.A. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/4) (from Ch. 23, par. 6104)

Sec. 4.

There is created the Department on Aging. The Director of the Department
on Aging, in conjunction with the Director of the Department of Public Aid
shall prepare and implement a plan to transfer all personnel, materials,
books, records, appropriations and equipment related to “Services to Older
People” in the Department of Public Aid as described in Article VIII of,
“The Illinois Public Aid Code”, to the Department on Aging by the effective
date of this Act. The Department on Aging shall administer programs related
to “Services to Older People”, described in Article VIII of, “The Illinois
Public Aid Code”, on the effective date of this Act.

Upon the effective date of this Act, the Department on Aging shall be
the single State agency for receiving and disbursing federal funds made
available under the “Older Americans Act”.

(Source: P.A. 78-242.)

 

(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.

(2-a) To request, receive, and share information electronically through the use of data-sharing agreements for the purpose of (i) establishing and verifying the initial and continuing eligibility of older adults to participate in programs administered by the Department; (ii) maximizing federal financial participation in State assistance expenditures; and (iii) investigating allegations of fraud or other abuse of publicly funded benefits. Notwithstanding any other law to the contrary, but only for the limited purposes identified in the preceding sentence, this paragraph (2-a) expressly authorizes the exchanges of income, identification, and other pertinent eligibility information by and among the Department and the Social Security Administration, the Department of Employment Security, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Revenue, the Secretary of State, the U.S. Department of Veterans Affairs, and any other governmental entity. The confidentiality of information otherwise shall be maintained as required by law. In addition, the Department on Aging shall verify employment information at the request of a community care provider for the purpose of ensuring program integrity under the Community Care Program.

(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 thereto.

(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 press.

(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 agencies.

(10) To provide the staff support that may reasonably be required
by the Council.

(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 law.

(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 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 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) (Blank).

(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 physician;
• (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 of the feasibility of
implementing the Senior Companion Program throughout the State.

(20) 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 assistance.

(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 credits;
• (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; and
• (i) volunteer screening and qualifications.
• The Department shall submit a written copy of the guidelines to the General
  Assembly by July 1, 1998.

(24) To function as the sole State agency to receive and disburse State and federal funds for providing adult protective services in a domestic living situation in accordance with the Adult Protective Services Act.

(25) To hold conferences, trainings, and other programs for which the Department shall determine by rule a reasonable fee to cover related administrative costs. Rules to implement the fee authority granted by this paragraph (25) must be adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)

 

(20 ILCS 105/4.01a)

Sec. 4.01a. Use of certain moneys deposited into the Department on Aging State Projects Fund. All moneys transferred into the Department on Aging State Projects Fund from the Long-Term Care Provider Fund shall, subject to appropriation, be used for older adult services, as described in subsection (f) of Section 20 of the Older Adult Services Act. All federal moneys received as a result of expenditures of such moneys shall be deposited into the Department of Human Services Community Services Fund.

(Source: P.A. 96-1530, eff. 2-16-11.)

 

(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 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 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 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 day notice period. 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
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 or blind or who has a permanent and total disability. 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;
• (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, including applying for enrollment in the Balance Incentive Payment Program by May 1, 2013, 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;
• (8) ensuring that the determination of need tool accurately reflects the service needs of individuals with Alzheimer’s disease and related dementia disorders;
• (9) ensuring that services are authorized accurately and consistently for the Community Care Program (CCP); the Department shall implement a Service Authorization policy directive; the purpose shall be to ensure that eligibility and services are authorized accurately and consistently in the CCP program; the policy directive shall clarify service authorization guidelines to Care Coordination Units and Community Care Program providers no later than May 1, 2013;
• (10) working in conjunction with Care Coordination Units, the Department of Healthcare and Family Services, the Department of Human Services, Community Care Program providers, and other stakeholders to make improvements to the Medicaid claiming processes and the Medicaid enrollment procedures or requirements as needed, including, but not limited to, specific policy changes or rules to improve the up-front enrollment of participants in the Medicaid program and specific policy changes or rules to insure more prompt submission of bills to the federal government to secure maximum federal matching dollars as promptly as possible; the Department on Aging shall have at least 3 meetings with stakeholders by January 1, 2014 in order to address these improvements;
• (11) requiring home care service providers to comply with the rounding of hours worked provisions under the federal Fair Labor Standards Act (FLSA) and as set forth in 29 CFR 785.48(b) by May 1, 2013;
• (12) implementing any necessary policy changes or promulgating any rules, no later than January 1, 2014, to assist the Department of Healthcare and Family Services in moving as many participants as possible, consistent with federal regulations, into coordinated care plans if a care coordination plan that covers long term care is available in the recipient’s area; and
• (13) maintaining fiscal year 2014 rates at the same level established on January 1, 2013.

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
employees.

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 Committee.

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
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.

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 transportation.

The Department shall implement an electronic service verification based on global positioning systems or other cost-effective technology for the Community Care Program no later than January 1, 2014.

The Department shall require, as a condition of eligibility, enrollment in the medical assistance program under Article V of the Illinois Public Aid Code (i) beginning August 1, 2013, if the Auditor General has reported that the Department has failed
to comply with the reporting requirements of Section 2-27 of
the Illinois State Auditing Act; or (ii) beginning June 1, 2014, if the Auditor General has reported that the
Department has not undertaken the required actions listed in
the report required by subsection (a) of Section 2-27 of the
Illinois State Auditing Act.

The Department shall delay Community Care Program services until an applicant is determined eligible for medical assistance under Article V of the Illinois Public Aid Code (i) beginning August 1, 2013, if the Auditor General has reported that the Department has failed
to comply with the reporting requirements of Section 2-27 of
the Illinois State Auditing Act; or (ii) beginning June 1, 2014, if the Auditor General has reported that the
Department has not undertaken the required actions listed in
the report required by subsection (a) of Section 2-27 of the
Illinois State Auditing Act.

The Department shall implement co-payments for the Community Care Program at the federally allowable maximum level (i) beginning August 1, 2013, if the Auditor General has reported that the Department has failed
to comply with the reporting requirements of Section 2-27 of
the Illinois State Auditing Act; or (ii) beginning June 1, 2014, if the Auditor General has reported that the
Department has not undertaken the required actions listed in
the report required by subsection (a) of Section 2-27 of the
Illinois State Auditing Act.

The Department shall continue to provide other Community Care Program reports as required by statute.

The Department shall conduct a quarterly review of Care Coordination Unit performance and adherence to service guidelines. The quarterly review shall be reported to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the
President of the
Senate, and the Minority Leader of the Senate. The Department shall collect and report longitudinal data on the performance of each care coordination unit. Nothing in this paragraph shall be construed to require the Department to identify specific care coordination units.

In regard to community care providers, failure to comply with Department on Aging policies shall be cause for disciplinary action, including, but not limited to, disqualification from serving Community Care Program clients. Each provider, upon submission of any bill or invoice to the Department for payment for services rendered, shall include a notarized statement, under penalty of perjury pursuant to Section 1-109 of the Code of Civil Procedure, that the provider has complied with all Department policies.

The Director of the Department on Aging shall make information available to the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system.

Within 30 days after July 6, 2017 (the effective date of Public Act 100-23), rates shall be increased to $18.29 per hour, for the purpose of increasing, by at least $.72 per hour, the wages paid by those vendors to their employees who provide homemaker services. The Department shall pay an enhanced rate under the Community Care Program to those in-home service provider agencies that offer health insurance coverage as a benefit to their direct service worker employees consistent with the mandates of Public Act 95-713. For State fiscal years 2018 and 2019, the enhanced rate shall be $1.77 per hour. The rate shall be adjusted using actuarial analysis based on the cost of care, but shall not be set below $1.77 per hour. The Department shall adopt rules, including emergency rules under subsections (y) and (bb) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this paragraph.

The General Assembly finds it necessary to authorize an aggressive Medicaid enrollment initiative designed to maximize federal Medicaid funding for the Community Care Program which produces significant savings for the State of Illinois. The Department on Aging shall establish and implement a Community Care Program Medicaid Initiative. Under the Initiative, the
Department on Aging shall, at a minimum: (i) provide an enhanced rate to adequately compensate care coordination units to enroll eligible Community Care Program clients into Medicaid; (ii) use recommendations from a stakeholder committee on how best to implement the Initiative; and (iii) establish requirements for State agencies to make enrollment in the State’s Medical Assistance program easier for seniors.

The Community Care Program Medicaid Enrollment Oversight Subcommittee is created as a subcommittee of the Older Adult Services Advisory Committee established in Section 35 of the Older Adult Services Act to make recommendations on how best to increase the number of medical assistance recipients who are enrolled in the Community Care Program. The Subcommittee shall consist of all of the following persons who must be appointed within 30 days after the effective date of this amendatory Act of the 100th General Assembly:

• (1) The Director of Aging, or his or her designee, who shall serve as the chairperson of the Subcommittee.
• (2) One representative of the Department of Healthcare and Family Services, appointed by the Director of Healthcare and Family Services.
• (3) One representative of the Department of Human Services, appointed by the Secretary of Human Services.
• (4) One individual representing a care coordination unit, appointed by the Director of Aging.
• (5) One individual from a non-governmental statewide organization that advocates for seniors, appointed by the Director of Aging.
• (6) One individual representing Area Agencies on Aging, appointed by the Director of Aging.
• (7) One individual from a statewide association dedicated to Alzheimer’s care, support, and research, appointed by the Director of Aging.
• (8) One individual from an organization that employs persons who provide services under the Community Care Program, appointed by the Director of Aging.
• (9) One member of a trade or labor union representing persons who provide services under the Community Care Program, appointed by the Director of Aging.
• (10) One member of the Senate, who shall serve as co-chairperson, appointed by the President of the Senate.
• (11) One member of the Senate, who shall serve as co-chairperson, appointed by the Minority Leader of the Senate.
• (12) One member of the House of Representatives, who shall serve as co-chairperson, appointed by the Speaker of the House of Representatives.
• (13) One member of the House of Representatives, who shall serve as co-chairperson, appointed by the Minority Leader of the House of Representatives.
• (14) One individual appointed by a labor organization representing frontline employees at the Department of Human Services.

The Subcommittee shall provide oversight to the Community Care Program Medicaid Initiative and shall meet quarterly. At each Subcommittee meeting the Department on Aging shall provide the following data sets to the Subcommittee: (A) the number of Illinois residents, categorized by planning and service area, who are receiving services under the Community Care Program and are enrolled in the State’s Medical Assistance Program; (B) the number of Illinois residents, categorized by planning and service area, who are receiving services under the Community Care Program, but are not enrolled in the State’s Medical Assistance Program; and (C) the number of Illinois residents, categorized by planning and service area, who are receiving services under the Community Care Program and are eligible for benefits under the State’s Medical Assistance Program, but are not enrolled in the State’s Medical Assistance Program. In addition to this data, the Department on Aging shall provide the Subcommittee with plans on how the Department on Aging will reduce the number of Illinois residents who are not enrolled in the State’s Medical Assistance Program but who are eligible for medical assistance benefits. The Department on Aging shall enroll in the State’s Medical Assistance Program those Illinois residents who receive services under the Community Care Program and are eligible for medical assistance benefits but are not enrolled in the State’s Medicaid Assistance Program. The data provided to the Subcommittee shall be made available to the public via the Department on Aging’s website.

The Department on Aging, with the involvement of the Subcommittee, shall collaborate with the Department of Human Services and the Department of Healthcare and Family Services on how best to achieve the responsibilities of the Community Care Program Medicaid Initiative.

The Department on Aging, the Department of Human Services, and the Department of Healthcare and Family Services shall coordinate and implement a streamlined process for seniors to access benefits under the State’s Medical Assistance Program.

The Subcommittee shall collaborate with the Department of Human Services on the adoption of a uniform application submission process. The Department of Human Services and any other State agency involved with processing the medical assistance application of any person enrolled in the Community Care Program shall include the appropriate care coordination unit in all communications related to the determination or status of the application.

The Community Care Program Medicaid Initiative shall provide targeted funding to care coordination units to help seniors complete their applications for medical assistance benefits. On and after July 1, 2019, care coordination units shall receive no less than $200 per completed application, which rate may be included in a bundled rate for initial intake services when Medicaid application assistance is provided in conjunction with the initial intake process for new program participants.

The Community Care Program Medicaid Initiative shall cease operation 5 years after the effective date of this amendatory Act of the 100th General Assembly, after which the Subcommittee shall dissolve.

(Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)

 

(20 ILCS 105/4.02a) (from Ch. 23, par. 6104.02a)

Sec. 4.02a.
(Repealed).

(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)

 

(20 ILCS 105/4.02b) (from Ch. 23, par. 6104.02b)

Sec. 4.02b. (Repealed).

(Source: P.A. 89-530, eff. 7-19-96. Repealed by P.A. 93-775, eff. 1-1-05.)

 

(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 who qualify for Community Care Program services and reside in projects designated by the Department as Comprehensive Care Residential Settings. Designated 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 designated projects in 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 Community Care Program Advisory Committee.

The project may be funded through the Department appropriations that may include Medicaid waiver funds.

(Source: P.A. 96-918, eff. 6-9-10; 96-1538, eff. 3-4-11.)

 

(20 ILCS 105/4.02d)

Sec. 4.02d. (Repealed).

(Source: P.A. 95-808, eff. 1-1-09. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/4.02e)

Sec. 4.02e. Adult day service program certification. For the purpose of long term care insurance payouts to clients of the Department’s program of services to prevent unnecessary institutionalization established in Section 4.02 of this Act, a contract with the Department for the procurement of adult day services or adult day health services shall constitute certification by the Department of the adult day services. For the purposes of this Act, “adult day services” and “adult day center” means the direct care and supervision of adults aged 60 and over in a community-based setting for the purpose of providing personal attention and promoting social, physical, and emotional well-being in a structured setting. For the purposes of this Act, “adult day health services” means the direct care and supervision of adults aged 60 and over in a community-based setting for the purpose of providing ancillary health services, as defined by administrative rule, thereby promoting social, physical, and emotional well-being in a structured setting.

(Source: P.A. 94-421, eff. 8-2-05; 94-954, eff. 6-27-06.)

 

(20 ILCS 105/4.02f)

Sec. 4.02f. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Human Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

(Source: P.A. 97-210, eff. 7-28-11.)

 

(20 ILCS 105/4.02g)

Sec. 4.02g. (Repealed).

(Source: P.A. 100-23, eff. 7-6-17. Repealed internally, eff. 3-1-18.)

 

(20 ILCS 105/4.02h)

Sec. 4.02h. Community Care Program; dementia training.

(a) This Section shall apply to any person who is employed by the Department, or by an agency that is contracted with the Department, to provide direct services to individuals participating in the Community Care Program.

(b) Dementia training of at least 2 hours shall be completed at the start of employment with the Department or contractor. Persons who are employees of the Department or a contractor on the effective date of this amendatory Act of the 102nd General Assembly shall complete this training within 6 months after the effective date of this amendatory Act of the 102nd General Assembly. The training shall cover the following subjects:

• (1) Alzheimer’s disease and dementia.
• (2) Safety risks.
• (3) Communication and behavior.

(c) Annual continuing education training shall include at least 2 hours of dementia training covering the subjects described in subsection (b).

(d) This Section is designed to improve the quality of training for Community Care Program direct service workers. If laws or rules existing on the effective date of this amendatory Act of the 102nd General Assembly contain more rigorous dementia training requirements for employees or contractors providing direct services to Community Care Program participants, those laws or rules shall apply. An individual who is required to receive dementia training under other laws and rules may be considered exempt, as long as the requirement includes a minimum 2 hours of dementia training. The individual shall be required to show proof he or she received the training required under this Section.

(e) The Department may adopt rules for the administration of this Section.

(Source: P.A. 102-1020, eff. 1-1-23.)

 

(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)

Sec. 4.03. The Department on Aging, in cooperation with the Department of
Human Services and any other appropriate State, local or
federal agency, shall, without regard to income guidelines, establish a
nursing home prescreening program to determine whether Alzheimer’s Disease
and related disorders victims, and persons who are deemed as blind or
as a person with a disability as defined by the Social Security Act and who are in need of long
term care, may be satisfactorily cared for in their homes through the use
of home and community based services. Responsibility for prescreening shall be vested with case coordination units.
Prescreening shall occur: (i) when hospital discharge planners have advised the case coordination unit of the imminent risk of nursing home placement of a patient who meets the above criteria and in advance of discharge of the patient; or (ii) when a case coordination unit has been advised of the imminent risk of nursing home placement of an individual in the community. The individual who is prescreened shall be informed of all appropriate options, including placement in a nursing home and the availability of in-home and community-based services and shall be advised of her or his right to refuse nursing home, in-home, community-based, or all services. In addition, the individual being prescreened shall be informed of spousal impoverishment requirements, the need to submit financial information to access services, and the consequences for failure to do so in a form and manner developed jointly by the Department on Aging, the Department of Human Services, and the Department of Healthcare and Family Services. Case coordination units under
contract with the Department may charge a fee for the prescreening provided
under this Section and the fee shall be no greater than the cost of such
services to the case coordination unit. At the time of each prescreening, case coordination units shall provide information regarding the Office of State Long Term Care Ombudsman’s Residents Right to Know database as authorized in subsection (c-5) of Section 4.04.

(Source: P.A. 98-255, eff. 8-9-13; 99-143, eff. 7-27-15.)

 

(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)

Sec. 4.04. Long Term Care Ombudsman Program. The purpose of the Long Term Care Ombudsman Program is to ensure that older persons and persons with disabilities receive quality services. This is accomplished by providing advocacy services for residents of long term care facilities and participants receiving home care and community-based care. Managed care is increasingly becoming the vehicle for delivering health and long-term services and supports to seniors and persons with disabilities, including dual eligible participants. The additional ombudsman authority will allow advocacy services to be provided to Illinois participants for the first time and will produce a cost savings for the State of Illinois by supporting the rebalancing efforts of the Patient Protection and Affordable Care Act.

(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the Office of State
Long Term Care Ombudsman (“the Office”), in accordance with the provisions of
the Older Americans Act of 1965, as now or hereafter amended. The Long Term Care Ombudsman Program is authorized, subject to sufficient appropriations, to advocate on behalf of older persons and persons with disabilities residing in their own homes or community-based settings, relating to matters which may adversely affect the health, safety, welfare, or rights of such individuals.

(b) Definitions. As used in this Section, unless the context requires
otherwise:

• (1) “Access” means the right to:
• (i) Enter any long term care facility or assisted living or shared housing establishment or supportive living facility;
• (ii) Communicate privately and without restriction with any resident, regardless of age, who consents to the communication;
• (iii) Seek consent to communicate privately and without restriction with any participant or resident, regardless of age;
• (iv) Inspect the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident;
• (v) Observe all areas of the long term care facility or supportive living facilities, assisted living or shared housing establishment except the living area of any resident who protests the observation; and
• (vi) Subject to permission of the participant or resident requesting services or his or her representative, enter a home or community-based setting.
• (2) “Long Term Care Facility” means (i) any facility as defined by Section 1-113 of the Nursing Home Care Act, as now or hereafter amended; (ii) any skilled nursing facility or a nursing facility which meets the requirements of Section 1819(a), (b), (c), and (d) or Section 1919(a), (b), (c), and (d) of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and (d)); (iii) any facility as defined by Section 1-113 of the ID/DD Community Care Act, as now or hereafter amended; (iv) any facility as defined by Section 1-113 of MC/DD Act, as now or hereafter amended; and (v) any facility licensed under Section 4-105 or 4-201 of the Specialized Mental Health Rehabilitation Act of 2013, as now or hereafter amended.
• (2.5) “Assisted living establishment” and “shared housing establishment” have the meanings given those terms in Section 10 of the Assisted Living and Shared Housing Act.
• (2.7) “Supportive living facility” means a facility established under Section 5-5.01a of the Illinois Public Aid Code.
• (2.8) “Community-based setting” means any place of abode other than an individual’s private home.
• (3) “State Long Term Care Ombudsman” means any person employed by the Department to fulfill the requirements of the Office of State Long Term Care Ombudsman as required under the Older Americans Act of 1965, as now or hereafter amended, and Departmental policy.
• (3.1) “Ombudsman” means any designated representative of the State Long Term Care Ombudsman Program; provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and designated by the Office to perform the duties of an ombudsman as specified by the Department in rules and in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended.
• (4) “Participant” means an older person aged 60 or over or an adult with a disability aged 18 through 59 who is eligible for services under any of the following:
• (i) A medical assistance waiver administered by the State.
• (ii) A managed care organization providing care coordination and other services to seniors and persons with disabilities.
• (5) “Resident” means an older person aged 60 or over or an adult with a disability aged 18 through 59 who resides in a long-term care facility.

(c) Ombudsman; rules. The Office of State Long Term Care Ombudsman shall
be composed of at least one full-time ombudsman and shall include a system of
designated regional long term care ombudsman programs. Each regional program
shall be designated by the State Long Term Care Ombudsman as a subdivision of
the Office and any representative of a regional program shall be treated as a
representative of the Office.

The Department, in consultation with the Office, shall promulgate
administrative rules in accordance with the provisions of the Older Americans
Act of 1965, as now or hereafter amended, to establish the responsibilities of
the Department and the Office of State Long Term Care Ombudsman and the
designated regional Ombudsman programs. The administrative rules shall include
the responsibility of the Office and designated regional programs to
investigate and resolve complaints made by or on behalf of residents of long
term care facilities, supportive living facilities, and assisted living and
shared housing establishments, and participants residing in their own homes or community-based settings, including the option to serve residents and participants under the age of 60, relating to actions, inaction, or
decisions of providers, or their representatives, of such
facilities and establishments, of public agencies, or of social services agencies,
which may adversely affect the health, safety, welfare, or rights of such
residents and participants. The Office and designated regional programs may represent all residents and participants, but are not required by this Act to represent persons under 60 years of age, except to the extent required by federal law.
When necessary and appropriate, representatives of the Office shall refer
complaints to the appropriate regulatory State agency.
The Department, in consultation with the Office, shall cooperate with the
Department of Human Services and other State agencies in providing information and training to
designated regional long term care ombudsman programs about the appropriate
assessment and treatment (including information about appropriate supportive
services, treatment options, and assessment of rehabilitation potential) of the participants they serve.

The State Long Term Care Ombudsman and all other ombudsmen, as defined in paragraph (3.1) of subsection (b) must submit to background checks under the Health Care Worker Background Check Act and receive training, as prescribed by the Illinois Department on Aging, before visiting facilities, private homes, or community-based settings. The training must include information specific to assisted living establishments, supportive living facilities, shared housing establishments, private homes, and community-based settings and to the rights of residents and participants guaranteed under the corresponding Acts and administrative rules.

(c-5) Consumer Choice Information Reports. The Office shall:

• (1) In collaboration with the Attorney General, create a Consumer Choice Information Report form to be completed by all licensed long term care facilities to aid Illinoisans and their families in making informed choices about long term care. The Office shall create a Consumer Choice Information Report for each type of licensed long term care facility. The Office shall collaborate with the Attorney General and the Department of Human Services to create a Consumer Choice Information Report form for facilities licensed under the ID/DD Community Care Act or the MC/DD Act.
• (2) Develop a database of Consumer Choice Information Reports completed by licensed long term care facilities that includes information in the following consumer categories:
• (A) Medical Care, Services, and Treatment.
• (B) Special Services and Amenities.
• (C) Staffing.
• (D) Facility Statistics and Resident Demographics.
• (E) Ownership and Administration.
• (F) Safety and Security.
• (G) Meals and Nutrition.
• (H) Rooms, Furnishings, and Equipment.
• (I) Family, Volunteer, and Visitation Provisions.
• (3) Make this information accessible to the public, including on the Internet by means of a hyperlink on the Office’s World Wide Web home page. Information about facilities licensed under the ID/DD Community Care Act or the MC/DD Act shall be made accessible to the public by the Department of Human Services, including on the Internet by means of a hyperlink on the Department of Human Services’ “For Customers” website.
• (4) Have the authority, with the Attorney General, to verify that information provided by a facility is accurate.
• (5) Request a new report from any licensed facility whenever it deems necessary.
• (6) Include in the Office’s Consumer Choice Information Report for each type of licensed long term care facility additional information on each licensed long term care facility in the State of Illinois, including information regarding each facility’s compliance with the relevant State and federal statutes, rules, and standards; customer satisfaction surveys; and information generated from quality measures developed by the Centers for Medicare and Medicaid Services.

(d) Access and visitation rights.

• (1) In accordance with subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1819 and subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1919 of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the Older Americans Act of 1965, as now or hereafter amended (42 U.S.C. 3058f), a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must:
• (i) permit immediate access to any resident, regardless of age, by a designated ombudsman;
• (ii) permit representatives of the Office, with the permission of the resident’s legal representative or legal guardian, to examine a resident’s clinical and other records, regardless of the age of the resident, and if a resident is unable to consent to such review, and has no legal guardian, permit representatives of the Office appropriate access, as defined by the Department, in consultation with the Office, in administrative rules, to the resident’s records; and
• (iii) permit a representative of the Program to communicate privately and without restriction with any participant who consents to the communication regardless of the consent of, or withholding of consent by, a legal guardian or an agent named in a power of attorney executed by the participant.
• (2) Each long term care facility, supportive living facility, assisted living establishment, and shared housing establishment shall display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and phone number of the Office of the Long Term Care Ombudsman, in a manner prescribed by the Office.

(e) Immunity. An ombudsman or any representative of the Office participating
in the good faith performance of his or her official duties
shall have immunity from any liability (civil, criminal or otherwise) in
any proceedings (civil, criminal or otherwise) brought as a consequence of
the performance of his official duties.

(f) Business offenses.

• (1) No person shall:
• (i) Intentionally prevent, interfere with, or attempt to impede in any way any representative of the Office in the performance of his official duties under this Act and the Older Americans Act of 1965; or
• (ii) Intentionally retaliate, discriminate against, or effect reprisals against any long term care facility resident or employee for contacting or providing information to any representative of the Office.
• (2) A violation of this Section is a business offense, punishable by a fine not to exceed $501.
• (3) The State Long Term Care Ombudsman shall notify the State’s Attorney of the county in which the long term care facility, supportive living facility, or assisted living or shared housing establishment is located, or the Attorney General, of any violations of this Section.

(g) Confidentiality of records and identities. The Department shall
establish procedures for the disclosure by the State Ombudsman or the regional
ombudsmen
entities of files maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion of the State Long
Term Care
Ombudsman or the person designated by the State Ombudsman to disclose the files
and records, and the procedures shall prohibit the disclosure of the identity
of any complainant, resident, participant, witness, or employee of a long term care provider
unless:

• (1) the complainant, resident, participant, witness, or employee of a long term care provider or his or her legal representative consents to the disclosure and the consent is in writing;
• (2) the complainant, resident, participant, witness, or employee of a long term care provider gives consent orally; and the consent is documented contemporaneously in writing in accordance with such requirements as the Department shall establish; or
• (3) the disclosure is required by court order.

(h) Legal representation. The Attorney General shall
provide legal representation to any representative of the Office
against
whom suit or other legal action is brought in connection with the
performance of the representative’s official duties, in accordance with the
State Employee Indemnification Act.

(i) Treatment by prayer and spiritual means. Nothing in this Act shall
be construed to authorize or require the medical supervision, regulation
or control of remedial care or treatment of any resident in a long term
care facility operated exclusively by and for members or adherents of any
church or religious denomination the tenets and practices of which include
reliance solely upon spiritual means through prayer for healing.

(j) The Long Term Care Ombudsman Fund is created as a special fund in the State treasury to receive moneys for the express purposes of this Section. All interest earned on moneys in the fund shall be credited to the fund. Moneys contained in the fund shall be used to support the purposes of this Section.

(k) Each Regional Ombudsman may, in accordance with rules promulgated by the Office, establish a multi-disciplinary team to act in an advisory role for the purpose of providing professional knowledge and expertise in handling complex abuse, neglect, and advocacy issues involving participants. Each multi-disciplinary team may consist of one or more volunteer representatives from any combination of at least 7 members from the following professions: banking or finance; disability care; health care; pharmacology; law; law enforcement; emergency responder; mental health care; clergy; coroner or medical examiner; substance abuse; domestic violence; sexual assault; or other related fields. To support multi-disciplinary teams in this role, law enforcement agencies and coroners or medical examiners shall supply records as may be requested in particular cases. The Regional Ombudsman, or his or her designee, of the area in which the multi-disciplinary team is created shall be the facilitator of the multi-disciplinary team.

(Source: P.A. 102-1033, eff. 1-1-23.)

 

(20 ILCS 105/4.04a)

Sec. 4.04a. Illinois Long-Term Care Council.

(a) Purpose. The purpose of this Section is to ensure that consumers over
the age of 60
residing in facilities licensed or regulated under the Nursing Home Care Act,
Skilled Nursing and Intermediate Care Facilities Code, Sheltered Care
Facilities Code, and the Illinois Veterans’ Homes Code receive high
quality long-term care through an effective
Illinois Long-Term Care Council.

(b) Maintenance and operation of the Illinois Long-Term Care Council.

• (1) The Department shall develop a fair and impartial process for recruiting and receiving nominations for members for the Illinois Long-Term Care Council from the State Long-Term Care Ombudsman, the area agencies on aging, regional ombudsman programs, provider agencies, and other public agencies, using a nomination form provided by the Department.
• (2) The Department shall appoint members to the Illinois Long-Term Care Council in a timely manner.
• (3) The Department shall consider and act in good faith regarding the Illinois Long-Term Care Council’s annual report and its recommendations.
• (4) The Director shall appoint to the Illinois Long-Term Care Council at least 18 but not more than 25 members.

(c) Responsibilities of the State Long-Term Care Ombudsman, area agencies on
aging, regional long-term care
ombudsman
programs, and provider agencies. The State Long-Term Care Ombudsman and each
area agency on aging, regional long-term
care
ombudsman program, and provider agency shall solicit names and
recommend members to the Department for appointment to the Illinois Long-Term
Care Council.

(d) Powers and duties. The Illinois Long-Term Care Council shall do the
following:

• (1) Make recommendations and comment on issues pertaining to long-term care and the State Long-Term Care Ombudsman Program to the Department.
• (2) Advise the Department on matters pertaining to the quality of life and quality of care in the continuum of long-term care.
• (3) Evaluate, comment on reports regarding, and make recommendations on, the quality of life and quality of care in long-term care facilities and on the duties and responsibilities of the State Long-Term Care Ombudsman Program.
• (4) Prepare and circulate an annual report to the Governor, the General Assembly, and other interested parties concerning the duties and accomplishments of the Illinois Long-Term Care Council and all other related matters pertaining to long-term care and the protection of residents’ rights.
• (5) Provide an opportunity for public input at each scheduled meeting.
• (6) Make recommendations to the Director, upon his or her request, as to individuals who are capable of serving as the State Long-Term Care Ombudsman and who should make appropriate application for that position should it become vacant.

(e) Composition and operation. The Illinois Long-Term Care Council shall
be composed of at least 18 but not more than 25 members concerned about the
quality of life in long-term care facilities and protecting the rights of
residents,
including members from long-term care facilities.
The State Long-Term Care Ombudsman shall be a permanent member of the
Long-Term Care Council.
Members
shall be appointed for a 4-year term with initial appointments staggered with
2-year, 3-year, and 4-year terms. A lottery will determine the terms of office
for the
members of the first term. Members may be reappointed to a term but no
member may be reappointed to more than 2 consecutive terms. The Illinois
Long-Term Care Council shall meet a minimum of 3 times per calendar year.

(f) Member requirements. All members shall be individuals who have
demonstrated concern about the quality of life in long-term care facilities. A
minimum of 3 members must be current or former residents of long-term care
facilities or the family member of a current or former resident of a long-term
care
facility. A minimum of 2 members shall represent current or former long-term
care
facility resident councils or family councils. A minimum of 4 members shall be
selected from recommendations by organizations whose members consist of
long-term care facilities.
A representative of long-term care
facility employees must also be included as a member.
A minimum of 2 members shall be selected from recommendations of
membership-based senior advocacy groups or consumer organizations that engage
solely in
legal representation on behalf of residents and immediate families.
There shall be
non-voting State agency members on the Long-Term Care Council from the
following agencies: (i) the
Department of Veterans’ Affairs; (ii) the Department of Human Services; (iii)
the
Department of Public Health; (iv) the Department on Aging; (v) the Department
of
Healthcare and Family Services; (vi) the Illinois State Police Medicaid Fraud Control Unit; and
(vii)
others as appropriate.

(Source: P.A. 95-331, eff. 8-21-07.)

 

(20 ILCS 105/4.04b)

(Section scheduled to be repealed on January 1, 2027)

Sec. 4.04b. Senior Housing Residents’ Advisory Council.

(a) Findings and purpose. The COVID-19 pandemic has impacted seniors residing in assisted living facilities and congregate living arrangements especially hard. Faced with sickness, isolation, and a lack of support services many seniors of this State have expressed feeling overlooked and forgotten about. The purpose of the Senior Housing Residents’ Advisory Council established under this Section is to create a space and opportunity for senior Illinoisans to connect with each other and meet with representatives from the Department on Aging and the Department of Public Health in order to share their ideas on how the State can improve the quality of life for its senior residents. The Council will also give senior Illinoisans the opportunity to share their findings and recommendations on targeted services and supports for seniors with the Governor and the General Assembly.

(b) Establishment and composition. The Senior Housing Residents’ Advisory Council is established within the Department on Aging. The Council shall consist of the following members:

• (1) The Director of the Department on Aging, or his or her designee, who shall serve as Chair of the Council.
• (2) One member of the Senate appointed by the President of the Senate.
• (3) One member of the House of Representatives appointed by the Speaker of the House of Representatives.
• (4) One member of the Senate appointed by the Minority Leader of the Senate.
• (5) One member of the House of Representatives appointed by the Minority Leader of the House of Representatives.
• (6) The Director of the Department of Public Health or his or her designee.
• (7) Two seniors who reside in affordable senior housing developments, appointed by the Department on Aging.
• (8) Two seniors who reside in assisted living facilities, appointed by the Department of Public Health.
• (9) One adult family member of a senior who resides in an affordable senior housing development, appointed by the Department on Aging.
• (10) One adult family member of a senior who resides in an assisted living facility, appointed by the Department of Public Health.
• (11) One senior who lives in Cook County, appointed by the Department on Aging.
• (12) One senior who lives in central Illinois, appointed by the Department on Aging.
• (13) One senior who lives in southern Illinois, appointed by the Department on Aging.
• (14) One senior who lives in northern Illinois, appointed by the Department on Aging.
• (15) One senior who lives in western Illinois, appointed by the Department on Aging.
• (16) One administrative personnel from an affordable senior housing development, appointed by the Department on Aging.
• (17) One administrative personnel from an assisted living facility, appointed by the Department of Public Health.
• (18) One outreach professional who works at the Department on Aging.
• (19) One senior, appointed by the Department on Aging, who lives in one of the following counties: DuPage, Kane, Lake, McHenry, or Will.

(c) The Council shall meet quarterly at the call of the Chair beginning no later than January 1, 2023 and shall thereafter meet on the date of each quarterly meeting with personnel from the Department of Public Health and the Department on Aging. All meetings shall be open to the public in accordance with the Open Meetings Act. The Council is authorized to form subcommittees that can meet more frequently than once per quarter. Members of the Council shall receive no compensation for their service but shall be reimbursed for any necessary expenses incurred in the performance of their duties from appropriations made by the General Assembly for that purpose. The Department on Aging shall provide the Council with administrative, personnel, and technical support services.

(d) Duties. The Council has the following duties:

• (1) Identify barriers to seniors feeling supported by and connected to their communities.
• (2) Evaluate available resources and services for seniors.
• (3) Evaluate State outreach to seniors.
• (4) Evaluate the impact of COVID-19 on congregate living arrangements for seniors.

(e) Reports. No later than December 31 in 2023, 2024, and 2025, the Council shall submit a written report to the Governor and the General Assembly on the results of its findings and evaluations under subsection (d) and shall provide advice and recommendations on:

• (1) how best to disseminate information to seniors on available supports and services through the use of State agency websites, informational materials, and outreach personnel;
• (2) how to ensure of the availability of targeted services for seniors and to eliminate any gaps in services for seniors; and
• (3) how to improve State policy concerning seniors and congregate living arrangements for seniors in response to COVID-19.

The Council shall terminate and dissolve after it submits its third report on December 31, 2025.

(f) This Section is repealed on January 1, 2027.

(Source: P.A. 102-986, eff. 5-27-22.)

 

(20 ILCS 105/4.05) (from Ch. 23, par. 6104.05)

Sec. 4.05.
(Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

 

(20 ILCS 105/4.06)

Sec. 4.06. Minority Senior Citizen Program. The Department shall develop
a program to identify the special needs and problems of minority senior
citizens and evaluate the adequacy and accessibility of existing programs and
information for minority senior citizens. The Department shall coordinate
services for minority senior citizens through the Department of Public Health,
the Department of Healthcare and Family Services, and the Department of Human Services.

The Department shall develop procedures to enhance and identify availability
of services and shall promulgate administrative rules to establish the
responsibilities of the Department.

The Department on Aging, the Department of Public Health, the Department of Healthcare and Family Services, 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. The joint report shall be filed with the
Governor and the General Assembly on or before September 30 of each year.

(Source: P.A. 95-331, eff. 8-21-07.)

 

(20 ILCS 105/4.07)

Sec. 4.07. Home-delivered meals.

(a) Every citizen of the State of Illinois
who qualifies for home-delivered meals under the federal Older Americans Act
shall be provided services, subject to appropriation. The Department shall
file a report with the General Assembly and the Illinois
Council on
Aging by January 1 of each year. The report shall include, but not be limited
to, the
following information: (i) estimates, by
county, of
citizens denied service due to insufficient funds during the preceding fiscal
year
and the potential impact on service delivery of any additional funds
appropriated
for the current fiscal year; (ii) geographic areas and special populations
unserved
and underserved in the preceding fiscal year; (iii) estimates of additional
funds
needed to permit the full funding of the program and the statewide provision of
services in the next fiscal year, including staffing and equipment needed to
prepare and deliver meals; (iv) recommendations for increasing the amount of
federal funding captured for the program; (v) recommendations for serving
unserved and underserved areas and special populations, to include rural areas,
dietetic meals, weekend meals, and 2 or more meals per day; and (vi) any
other information needed to assist the General Assembly and the Illinois
Council
on Aging in developing a plan to address unserved and underserved areas of the
State.

(b) Subject to appropriation, on an annual basis each recipient of home-delivered meals shall receive a fact sheet developed by the Department on Aging with a current list of toll-free numbers to access information on various health conditions, elder abuse, and programs for persons 60 years of age and older. The fact sheet shall be written in a language that the client understands, if possible. In addition, each recipient of home-delivered meals shall receive updates on any new program for which persons 60 years of age and older may be eligible.

(Source: P.A. 102-253, eff. 8-6-21.)

 

(20 ILCS 105/4.08)

Sec. 4.08. Rural and small town meals program. Subject to appropriation, the Department may establish a program to ensure the availability of congregate or home-delivered meals in communities with populations of under 5,000 that are not located within the large urban counties of Cook, DuPage, Kane, Lake, or Will.

The Department may meet these requirements by entering into agreements with Area Agencies on Aging or Department designees, which shall in turn enter into grants or contractual agreements with such local entities as restaurants, cafes, churches, facilities licensed under the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, the Assisted Living and Shared Housing Act, or the Hospital Licensing Act, facilities certified by the Department of Healthcare and Family Services, senior centers, or Older American Act designated nutrition service providers.

First consideration shall be given to entities that can cost effectively meet the needs of seniors in the community by preparing the food locally.

In no instance shall funds provided pursuant to this Section be used to replace funds allocated to a given area or program as of the effective date of this amendatory Act of the 95th General Assembly.

The Department shall establish guidelines and standards by administrative rule, which shall include submission of an expenditure plan by the recipient of the funds.

(Source: P.A. 99-180, eff. 7-29-15.)

 

(20 ILCS 105/4.09)

Sec. 4.09. Medication management program. Subject to appropriation, the Department shall establish a program to assist persons 60 years of age or older in managing their medications. The Department shall establish guidelines and standards for the program by rule.

(Source: P.A. 95-535, eff. 8-28-07; 95-876, eff. 8-21-08.)

 

(20 ILCS 105/4.10)

Sec. 4.10. (Repealed).

(Source: P.A. 89-590, eff. 1-1-97. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/4.11)

Sec. 4.11. AIDS awareness. The Department may develop materials targeted to persons 50 years of age and more concerning the
dangers of HIV and AIDS and sexually transmitted diseases.

(Source: P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/4.12)

Sec. 4.12. Assistance to nursing home residents.

(a) The Department on Aging shall assist eligible nursing home residents and their families to select long-term care options that meet their needs and reflect their preferences. At any time during the process, the resident or his or her representative may decline further assistance.

(b) To provide assistance, the Department shall develop a program of transition services with follow-up in selected areas of the State, to be expanded statewide as funding becomes available. The program shall be developed in consultation with nursing homes, case managers, Area Agencies on Aging, and others interested in the well-being of frail elderly Illinois residents. The Department shall establish administrative rules pursuant to the Illinois Administrative Procedure Act with respect to resident eligibility, assessment of the resident’s health, cognitive, social, and financial needs, development of comprehensive service transition plans, and the level of services that must be available prior to transition of a resident into the community.

(Source: P.A. 95-331, eff. 8-21-07.)

 

(20 ILCS 105/4.13)

Sec. 4.13. Older Adult Services Act. The Department shall implement the Older Adult Services Act.

(Source: P.A. 95-331, eff. 8-21-07.)

 

(20 ILCS 105/4.14)

Sec. 4.14. Rural Senior Citizen Program.

(a) The General Assembly finds that it is in the best interest of the citizens of Illinois to identify and address the special challenges and needs faced by older rural residents. The General Assembly further finds that rural areas are often under-served and unserved to the detriment of older residents and their families, which may require the allocation of additional resources.

(b) The Department shall identify the special needs and problems of older rural residents and evaluate the adequacy and accessibility of existing programs and information for older rural residents. The scope of the Department’s work shall encompass both Older American Act services, Community Care services, and all other services targeted in whole or in part at residents 60 years of age and older, regardless of the setting in which the service is provided.

(c) (Blank).

(Source: P.A. 100-621, eff. 7-20-18.)

 

(20 ILCS 105/4.15)

Sec. 4.15. Eligibility determinations.

(a) The Department is authorized to make eligibility determinations for benefits administered by other governmental bodies based on the Senior Citizens and Persons with Disabilities Property Tax Relief Act as follows:

• (i) for the Secretary of State with respect to reduced fees paid by qualified vehicle owners under the Illinois Vehicle Code;
• (ii) for special districts that offer free fixed route public transportation services for qualified older adults under the Local Mass Transit District Act, the Metropolitan Transit Authority Act, and the Regional Transportation Authority Act; and
• (iii) for special districts that offer transit services for qualified individuals with disabilities under the Local Mass Transit District Act, the Metropolitan Transit Authority Act, and the Regional Transportation Authority Act.

(b) The Department shall establish the manner by which claimants shall apply for these benefits. The Department is authorized to promulgate rules regarding the following matters: the application cycle; the application process; the content for an electronic application; required personal identification information; acceptable proof of eligibility as to age, disability status, marital status, residency, and household income limits; household composition; calculating income; use of social security numbers; duration of eligibility determinations; and any other matters necessary for such administrative operations.

(c) All information received by the Department from an application or from any investigation to determine eligibility for benefits shall be confidential, except for official purposes.

(d) A person may not under any circumstances charge a fee to a claimant for assistance in completing an application form for these benefits.

(Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)

 

(20 ILCS 105/4.16)

Sec. 4.16. Integrated mental health services. Subject to appropriations, the Department on Aging may provide grants to public and private nonprofit entities for projects that demonstrate ways to integrate mental health services for older adults into primary health care settings, such as federally qualified health centers as defined in Section 1905 (1) (2) (B) of the Social Security Act, primary care clinics, and private practice sites. The Department may adopt any rules necessary to implement this Section.

(Source: P.A. 99-184, eff. 1-1-16.)

 

(20 ILCS 105/5) (from Ch. 23, par. 6105)

Sec. 5.

The provisions of Sections 5-625, 5-630, 5-635, 5-640, 5-645, 5-650, and
5-655 of the Departments of State
Government Law (20 ILCS 5/5-625, 5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650,
and 5/5-655), relating to regulations for the conduct of a department,
central and branch offices, office hours, a seal, the obtaining and
compensation of employees, the annual reports, and cooperation between
departments, apply to the Department created by this Act.

(Source: P.A. 91-239, eff. 1-1-00.)

 

(20 ILCS 105/5.01) (from Ch. 23, par. 6105.01)

Sec. 5.01.

The status of personnel to be transferred from the Department of Public
Aid to the Department on Aging, whether under the “Personnel Code” or under
any other law relating to State employees, is not affected by this
transfer.

(Source: P.A. 78-242.)

 

(20 ILCS 105/5.02) (from Ch. 23, par. 6105.02)

Sec. 5.02.

The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department under this Act, except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.

(Source: P.A. 88-45.)

 

(20 ILCS 105/6) (from Ch. 23, par. 6106)

Sec. 6.

The Director of the Department shall be a senior citizen who has
sufficient experience in providing services to the aging. The Director
shall be appointed by the Governor with the advice and consent of the
Senate. In making such appointment, the Governor shall consider names
submitted by the Council.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.01) (from Ch. 23, par. 6106.01)

Sec. 6.01.

The Director shall serve for a term of 2 years from the third Monday in
January of each odd numbered year and until his successor is appointed and
qualified, except that the Director first appointed after the effective
date of this Act shall serve until the third Monday of January, 1975.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.02) (from Ch. 23, par. 6106.02)

Sec. 6.02.

The salary of the Director shall be $30,000 per annum.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.03) (from Ch. 23, par. 6106.03)

Sec. 6.03.

Before entering upon the duties of the office, the Director shall take
and subscribe the constitutional oath of office, which shall be filed in
the Office of the Secretary of State.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.04) (from Ch. 23, par. 6106.04)

Sec. 6.04.

Before entering upon the discharge of the duties of the office, the
Director shall give bond, with security to be approved by the Governor, in
such penal sum as shall be fixed by the Governor, not less than $10,000,
conditioned for the faithful performance of his duties, which bond shall be
filed in the office of the Secretary of State.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.05) (from Ch. 23, par. 6106.05)

Sec. 6.05.

The Director may create and establish offices, divisions, and
administrative units as necessary for the efficient administration and
operation of the Department and may assign functions, powers and duties to
the several offices, divisions and administrative units in the Department.

(Source: P.A. 78-242.)

 

(20 ILCS 105/6.06) (from Ch. 23, par. 6106.06)

Sec. 6.06.

The Director shall meet regularly with the Council to advise the Council
on all matters relating to the policy and administration of programs and
services to the aging provided by the Department.

(Source: P.A. 78-242.)

 

(20 ILCS 105/7) (from Ch. 23, par. 6107)

Sec. 7.

There is created the Council on Aging.

(Source: P.A. 78-242.)

 

(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. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/7.02)

Sec. 7.02. (Repealed).

(Source: P.A. 89-249, eff. 8-4-95. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/7.03) (from Ch. 23, par. 6107.03)

Sec. 7.03.

The twenty three citizen members of the Council shall be appointed by
the Governor, and shall represent, so far as possible, different
geographical sections of the State. Not more than twelve of such
appointments by the Governor shall be of the same political party.

(Source: P.A. 78-242.)

 

(20 ILCS 105/7.04) (from Ch. 23, par. 6107.04)

Sec. 7.04.

The Representative and Senate members of the Council shall serve on the
Council for a term of 2 years and may be reappointed by the legislative
leader having the right of appointment under Section 7.01 for one or more
additional 2 year terms, except that a legislative member’s appointment
shall be terminated upon his or her leaving the General Assembly. Legislative
vacancies shall be filled by the legislative leader having the right of
appointment under Section 7.01. A legislative member appointed to fill
a vacancy occurring prior to the expiration of the term for which his or her predecessor
was appointed shall be appointed for the remainder of such term.

(Source: P.A. 83-369.)

 

(20 ILCS 105/7.05) (from Ch. 23, par. 6107.05)

Sec. 7.05.
Citizen members.
Of the citizen members first appointed, as
designated by the
Governor at
the time of each appointment, seven citizen members shall serve on the
Council for a term of one year, seven citizen members shall serve for a
term of two years, and nine citizen members shall serve for a term of three
years. Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. Upon the expiration of the
initial terms set forth herein, subsequent terms shall be for a period of
three years. Members shall be eligible for reappointment. This
amendatory Act of 1985 shall not apply to members of the Council holding
office on the effective date of this amendatory Act of 1985.

(Source: P.A. 90-615, eff. 1-1-99.)

 

(20 ILCS 105/7.06) (from Ch. 23, par. 6107.06)

Sec. 7.06.

The Council shall provide for its organization and procedure including
the selection of a Chairman and such other officers as deemed necessary.

(Source: P.A. 78-242.)

 

(20 ILCS 105/7.07) (from Ch. 23, par. 6107.07)

Sec. 7.07.

The members of the Council shall receive no compensation for
their services on the Council but shall be reimbursed by the Department for
any ordinary and necessary expenses incurred in the performance of their
duties.

(Source: P.A. 83-227.)

 

(20 ILCS 105/7.08) (from Ch. 23, par. 6107.08)

Sec. 7.08.

The Council shall meet at least once each quarter, or as often as the
Chairman of the Council deems necessary, or upon the written request of ten
of the voting members of the Council.

(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. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/8)

Sec. 8. (Repealed).

(Source: P.A. 89-249, eff. 8-4-95. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.01)

Sec. 8.01. (Repealed).

(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.02)

Sec. 8.02. (Repealed).

(Source: P.A. 89-249, eff. 8-4-95. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.03)

Sec. 8.03. (Repealed).

(Source: P.A. 89-249, eff. 8-4-95. Repealed by P.A. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.04) (from Ch. 23, par. 6108.04)

Sec. 8.04.
(Repealed).

(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 91-798, eff. 7-9-00.)

 

(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 otherwise:

• (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
encourage the development of adult day care for these persons through
administration of specialized Alzheimer’s Day Care Resource Centers. These
projects may 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 recipients.

The Department may 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 be developed for specialized Alzheimer’s Day
Care Resource Centers and may 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 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 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 volunteers.
• (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 services.
• (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 report to the General Assembly before
December 1 on the pilot project grants. The report may 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 source.
• (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. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.06) (from Ch. 23, par. 6108.06)

Sec. 8.06.
The Department may 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. 96-918, eff. 6-9-10.)

 

(20 ILCS 105/8.07)

Sec. 8.07.
Emergency home response system.
Upon initial determination or
any redetermination for eligibility for community care
program services
provided by the
Department on Aging, the Department shall make a determination of need as to
whether the applicant or recipient of services is in need of an emergency home
response system.

(Source: P.A. 91-550, eff. 1-1-00.)

 

(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 include the recipients of these awards in all Senior Hall of Fame displays required by this Act. 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; 96-918, eff. 6-9-10; 97-813, eff. 7-13-12.)

 

(20 ILCS 105/8.09)

Sec. 8.09. Unlicensed or uncertified facilities. No public official, agent, or employee may place any person in or with, or recommend that any person be placed in or with, or directly or indirectly cause any person to be placed in or with any unlicensed or uncertified: (i) board and care home as defined in the Board and Care Home Act and licensed under the Assisted Living and Shared Housing Act; (ii) assisted living or shared housing establishment as defined in the Assisted Living and Shared Housing Act; (iii) facility licensed under the Nursing Home Care Act; (iv) supportive living facility as described in Section 5-5.01a of the Illinois Public Aid Code; (v) free-standing hospice residence licensed under the Hospice Program Licensing Act; or (vi) home services agency licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act if licensure or certification is required. No public official, agent, or employee may place the name of such a facility on a list of facilities to be circulated to the public, unless the facility is licensed or certified. Use of the Department of Public Health’s annual list of licensed facilities shall satisfy compliance with this Section for all facilities licensed or certified by the Illinois Department of Public Health.

(Source: P.A. 99-78, eff. 7-20-15.)

 

(20 ILCS 105/8.10)

(Section scheduled to be repealed on May 16, 2025)

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.

(Source: P.A. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/8.11)

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.

(Source: P.A. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/8.12)

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.

(Source: P.A. 102-885, eff. 5-16-22.)

 

(20 ILCS 105/9) (from Ch. 23, par. 6109)

Sec. 9.

If any provisions of this Act or the application thereof to any person
or circumstances is held invalid, the invalidity does not affect other
provisions or applications of the Act which can be given effect without the
invalid provisions or application, and to this end the provisions of this
Act are severable.

(Source: P.A. 78-242.)

 

(20 ILCS 105/11) (from Ch. 23, par. 6111)

Sec. 11.
This Act takes effect 3 months after becoming a law.

(Source: P.A. 78-242.)