103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3716 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. IV heading new210 ILCS 45/4-101 new210 ILCS 45/4-105 new Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy. LRB103 30277 CPF 56705 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3716 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. IV heading new210 ILCS 45/4-101 new210 ILCS 45/4-105 new 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy. LRB103 30277 CPF 56705 b LRB103 30277 CPF 56705 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3716 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. IV heading new210 ILCS 45/4-101 new210 ILCS 45/4-105 new 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy. LRB103 30277 CPF 56705 b LRB103 30277 CPF 56705 b LRB103 30277 CPF 56705 b A BILL FOR HB3716LRB103 30277 CPF 56705 b HB3716 LRB103 30277 CPF 56705 b HB3716 LRB103 30277 CPF 56705 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Home Care Act is amended by adding 5 the heading of Article IV and Sections 4-101 and 4-105 as 6 follows: 7 (210 ILCS 45/Art. IV heading new) 8 ARTICLE IV. LONG-TERM CARE TRANSITION. 9 (210 ILCS 45/4-101 new) 10 Sec. 4-101. Long-Term Care Transition Plan. 11 (a) The Department of Human Services shall convene a New 12 Directions for Nursing Home Resident Care Task Force to 13 develop a 5-year plan to implement the long-standing policy of 14 the State of deinstitutionalizing individuals who require 15 long-term care, consistent with the requirements of community 16 integration in the Americans with Disabilities Act, 42 U.S.C. 17 12101, and the United States Supreme Court decision of 18 Olmstead v. L.C., 527 U.S. 581 (1999). 19 (b) The Task Force shall create a plan so that every 20 nursing-home eligible individual who can be cared for in the 21 community at the same or lesser cost than the individual's 22 care in a nursing home has programs available to allow them to 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3716 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. IV heading new210 ILCS 45/4-101 new210 ILCS 45/4-105 new 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new Amends the Nursing Home Care Act. Requires the Department of Human Services to establish a New Directions for Nursing Home Resident Care Task Force to develop a 5-year plan to deinstitutionalize individuals who require long-term care consistent with the federal requirements of community integration. Provides that the Task Force shall create a plan so that every nursing-home eligible individual who can be cared for in the community at the same or lesser cost than the individual's care in a nursing home has programs available to allow them to choose such community care. Provides that the Task Force shall also identify the costs and service needs related to expanding the Task Force's plan to include that part of the nursing facility population that would be more expensive to house in the community. Provides for membership, compensation, and administrative support of the Task Force. Provides that the Department of Human Services shall constitute the Task Force no later than 3 months after the effective date of the amendatory Act. Provides that within 6 months of the effective date of the amendatory Act, the Task Force shall create a proposal for providing housing assistance payments to individuals receiving benefits under Title XVI of the federal Social Security Act who are facing placement in a facility or are unable to leave such a facility unless the individuals' have access to such a housing subsidy. LRB103 30277 CPF 56705 b LRB103 30277 CPF 56705 b LRB103 30277 CPF 56705 b A BILL FOR 210 ILCS 45/Art. IV heading new 210 ILCS 45/4-101 new 210 ILCS 45/4-105 new LRB103 30277 CPF 56705 b HB3716 LRB103 30277 CPF 56705 b HB3716- 2 -LRB103 30277 CPF 56705 b HB3716 - 2 - LRB103 30277 CPF 56705 b HB3716 - 2 - LRB103 30277 CPF 56705 b 1 choose such community care. To achieve that goal, the plan 2 shall: 3 (1) survey current nursing facility residents to 4 determine the number who would prefer to live in the 5 community if sufficient and appropriate community services 6 were available; 7 (2) quantify the amount of nursing home costs that are 8 attributable to providing shelter as opposed to nursing 9 services, medical care, or support with activities of 10 daily living; 11 (3) estimate the percentage of the current nursing 12 facility population that could be served at the same or 13 lesser cost if the services they required were available 14 in the community; 15 (4) specify timetables for achieving recommended 16 programmatic changes with estimates of the numbers of 17 nursing home residents made eligible for care in the 18 community by each change; 19 (5) specify a procedure for educating people in 20 nursing facilities and people considering entering nursing 21 facilities about their community care options; 22 (6) estimate the funding redistribution needed to meet 23 that timetable; 24 (7) identify programs that allow less congregated and 25 less restrictive care than those currently available; 26 (8) identify gaps in program coordination that, if HB3716 - 2 - LRB103 30277 CPF 56705 b HB3716- 3 -LRB103 30277 CPF 56705 b HB3716 - 3 - LRB103 30277 CPF 56705 b HB3716 - 3 - LRB103 30277 CPF 56705 b 1 properly coordinated, could assist in achieving the goal; 2 and 3 (9) propose a process for ensuring a just transition 4 for nursing home staff displaced by the plan. 5 (c) The Task Force shall also identify the costs and 6 service needs related to expanding the Task Force's plan to 7 include that part of the nursing facility population that 8 would be more expensive to house in the community. The plan 9 shall also identify which specific additional programs are 10 most likely to allow the largest number of individuals in this 11 group to live in the community and the cost associated with 12 each program. 13 (d) The Task Force shall consist of the following 14 individuals, appointed by the Governor: 15 (1) the Director of the Department of Healthcare and 16 Family Services, or the Director's designee; 17 (2) the Director of the Department of Health, or the 18 Director's designee; 19 (3) the Director of the Department on Aging, or the 20 Director's designee; 21 (4) the Secretary of the Department of Human Services, 22 or the Secretary's designee; 23 (5) one member from the majority party of the Senate 24 of the General Assembly; 25 (6) one member from the minority party of the Senate 26 of the General Assembly; HB3716 - 3 - LRB103 30277 CPF 56705 b HB3716- 4 -LRB103 30277 CPF 56705 b HB3716 - 4 - LRB103 30277 CPF 56705 b HB3716 - 4 - LRB103 30277 CPF 56705 b 1 (7) one member from the majority party of the House of 2 Representatives of the General Assembly; 3 (8) one member from the minority party of the House of 4 Representatives of the General Assembly; 5 (9) the Attorney General, or the Attorney General's 6 designee; 7 (10) two members representing statewide trade or labor 8 unions that represent workers in long-term care settings; 9 (11) three members representing the Statewide 10 Independent Living Council; 11 (12) three members from the community of persons with 12 disabilities, nominated by the Statewide Independent 13 Living Council; 14 (13) three members from the community of seniors and 15 senior advocates, nominated by the Statewide Independent 16 Living Council; 17 (14) one member each from each of the nursing home 18 industry associations; 19 (15) one member representing a national network of 20 advocates for independent living, nominated by the 21 Statewide Independent Living Council; and 22 (16) one member of the Protection and Advocacy System 23 for the State. 24 (e) The Task Force members shall elect a chairperson from 25 among the members. Task Force members shall serve without 26 compensation but shall be reimbursed for reasonable expenses HB3716 - 4 - LRB103 30277 CPF 56705 b HB3716- 5 -LRB103 30277 CPF 56705 b HB3716 - 5 - LRB103 30277 CPF 56705 b HB3716 - 5 - LRB103 30277 CPF 56705 b 1 incurred in carrying out the members' duties. 2 (f) The Department of Human Services shall provide 3 administrative support to the Task Force. 4 (g) The Department of Human Services shall constitute the 5 Task Force no later than 3 months after the effective date of 6 this amendatory Act of the 103rd General Assembly. The Task 7 Force shall issue its plan no later than one year after the 8 Task Force is constituted. 9 (210 ILCS 45/4-105 new) 10 Sec. 4-105. Facility Transition Housing Program. 11 (a) Within 6 months of the effective date of this 12 amendatory Act of the 103rd General Assembly, the Task Force 13 shall create a proposal for providing housing assistance 14 payments to individuals receiving benefits under Title XVI of 15 the federal Social Security Act, 42 U.S.C. 1381, who are 16 facing placement in a facility or are unable to leave such a 17 facility unless the individuals' have access to such a housing 18 subsidy. 19 (b) The proposal shall be designed to provide housing 20 assistance payments sufficient to allow eligible individuals 21 to live in the community, but in any event shall provide an 22 amount of assistance not less than the assistance provided 23 through the federal United States Department of Housing and 24 Urban Development Section 8 housing program. 25 (c) When designing the program, the Task Force shall HB3716 - 5 - LRB103 30277 CPF 56705 b HB3716- 6 -LRB103 30277 CPF 56705 b HB3716 - 6 - LRB103 30277 CPF 56705 b HB3716 - 6 - LRB103 30277 CPF 56705 b 1 consider the cost savings of living in the community in 2 comparison with the expense of living in a facility. 3 (d) The proposal shall identify estimated total costs, 4 estimated savings connected to housing individuals with a 5 housing subsidy instead of in nursing facilities, and any 6 appropriate funding redistribution on enactment of the 7 proposal. HB3716 - 6 - LRB103 30277 CPF 56705 b