Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3716 Introduced / Bill

Filed 02/17/2023

                    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.
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    LRB103 30277 CPF 56705 b
A BILL FOR
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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.
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    LRB103 30277 CPF 56705 b
A BILL FOR

 

 

210 ILCS 45/Art. IV heading new
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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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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.

 

 

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