93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4837


 
Introduced 02/04/04, by Jack McGuire
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Illinois Act on Aging. Deletes a provision requiring the Department on Aging to submit an annual report concerning community-based residential facilities.
















LRB093 18943 BDD 44678 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4837

LRB093 18943 BDD 44678 b






1
    AN ACT concerning the Department on Aging. 

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Act on the Aging is amended  by 
5
changing Section 4.02b as follows:
 



6
    (20 ILCS 105/4.02b)  (from Ch. 23, par. 6104.02b)



7
    Sec. 4.02b. Community based residential facilities. The

8
Department may develop criteria for no more than 3 projects to

9
participate in a
supported congregate living arrangement 
10
demonstration.  No other projects may
be added to the 
11
demonstration unless one of the projects previously approved by

12
the Department and the Illinois Department of Public Health 
13
withdraws or is
terminated from the demonstration.
Each project 
14
may serve a
maximum of 60 clients, except that one project may 
15
be increased to serve a
maximum of 175
clients upon approval by 
16
the Department and the Illinois Department of Public
Health.  
17
The demonstration
may include the use of community-based, 
18
multi-day residential facilities.
Clients may be served 
19
long-term or short-term as a means of relieving
family 
20
caregivers.  Management of these projects may offer or contract 
21
for
such services to preclude the need for nursing home care; 
22
however,
projects shall not provide sheltered care,
or other

23
nursing home care as defined in the Nursing Home Care Act, 
24
unless a wavier is
obtained pursuant to Section 3-102.2 of that 
25
Act.

26
    Supported congregate living arrangements must apply to the 
27
Department for
participation in the demonstration project.  The 
28
Department shall develop, in
consultation with the Illinois 
29
Department of Public Health, criteria for
participation in the 
30
project.  A project shall have one year from the date of

31
approval to become operational.  One project must involve the 
32
conversion of an
existing licensed long-term care facility or 
 


 






HB4837
- 2 -
LRB093 18943 BDD 44678 b




1
portion thereof.  If no existing
facility applies within one 
2
year after the Department begins to accept
applications for the 
3
pilot project, the Department may select an alternate
project 
4
that does not involve the conversion of an existing facility.  
5
During
the period of operation of the demonstration project, 
6
the existing licensed
beds shall remain licensed as long-term 
7
care beds.  At the conclusion of the
demonstration project, the 
8
beds may revert to long-term care or the facility
may choose to 
9
seek appropriate approval to continue to operate as an assisted

10
living facility or a similar program as
established by law.  
11
Upon approval of an application, the Department
and the 
12
applicant shall submit a joint waiver request to the Department 
13
of
Public Health pursuant to Section 3-102.2 of the Nursing 
14
Home Care Act.  If
the Department does not act upon an 
15
application within 60 days, the applicant
may file a written 
16
waiver request on its own behalf.

17
    The Department shall promulgate rules and provide 
18
oversight for the
project.  The Department of Public Aid and the 
19
Department of Public Health
may offer advice and assistance as 
20
needed.

21
    The project may be funded through the Department's 
22
community care program
appropriations that may include 
23
medicaid waiver funds available through the
Department of 
24
Public Aid.

25
    The Department shall report annually to the General 
26
Assembly by January 1
upon its activities under this Section.

27
    The demonstration project shall terminate when an assisted 
28
living or
similar client focused residential program is 
29
established by law or on June 30,
2001,
whichever is earlier.

30
(Source: P.A. 89-530, eff. 7-19-96.)