|
310 ILCS 100/1
(310 ILCS 100/1)
Sec. 1.
Short title.
This Act may be cited as the
Prevention of Unnecessary Institutionalization Act.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/10
(310 ILCS 100/10)
Sec. 10.
Purpose.
The purpose of this Act is to authorize the Department of
Human Services and the Department on Aging to jointly establish a program to
provide funding for necessary structural modifications and assistive technology
devices to enable older persons and adults and children with disabilities to
remain in or return to their homes or other dwellings of their choice within
their community in order to allow them to live as independently as possible for
as long as possible.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/15
(310 ILCS 100/15)
Sec. 15.
Definitions.
As used in this Act:
"Assistive technology device" means an item, piece of equipment, or
product system, whether acquired commercially, modified, or customized, that is
used to increase, maintain, or improve functional capabilities of individuals
with disabilities and older persons.
"Structural modification" means a change to a dwelling that enhances its
usability or accessibility or both for a resident who has a disability or is an
older person.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/20
(310 ILCS 100/20)
Sec. 20.
Program.
Subject to appropriation for these purposes, the Department
of Human Services and the Department on Aging shall jointly establish a
Prevention of Unnecessary Institutionalization Grant and Loan Program. The
Program shall have 2 components. One component shall be administered by the
Department of Human Services and the other component shall be administered by
the Department on Aging. The Department of Human Services and the Department on
Aging shall cooperate in the overall administration of the Program.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/25
(310 ILCS 100/25)
Sec. 25.
Eligibility.
Persons age 60 or over and adults and children
with disabilities shall be eligible for grants or loans or both under the
Program established by this Act if they have one or more verifiable impairments
that substantially limits one or more of life's major activities for which some
modification of their dwelling or assistive technology devices, or both, are
required which they are unable to afford because of limited resources.
Preference shall be given to applicants who: (1) are at imminent risk of
institutionalization or who are already in an institutional setting but are
ready to return to the community and who would be able to live in the community
if modifications are made or they have the needed assistive technology devices,
(2) have inadequate resources or no current access to resources as a result of
the geographic location of their dwelling, the lack of other available State or
federal funds such as the Community Development Block Grant or rural housing
assistance programs or income limitations such as the inability to qualify for
a low‑interest loan, or (3) have access to other resources, but those resources
are insufficient to complete the necessary modifications or acquire the needed
assistive technology devices. Adults under 60 years of age with disabilities
and children with disabilities shall receive services under the component of
the Program administered by the Department of Human Services. An adult 60 years
of age or older may elect to receive services under the component administered
by the Department of Human Services if, at the time he or she reached age 60,
he or she was already receiving Home Services under subsection (f) of Section 3
of the Disabled Persons Rehabilitation Act or he or she was already receiving
services under the component of the Program administered by the Department of
Human Services. All other adults 60 years of age or older receiving services
under the Program shall receive services under the component administered by
the Department on Aging.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/30
(310 ILCS 100/30)
Sec. 30.
Rulemaking.
The Department of Human Services and the Department
on Aging shall jointly adopt administrative rules governing the Program
consistent with this Act.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/35
(310 ILCS 100/35)
Sec. 35.
Advisory Committee.
The Department of Human Services and the
Department on Aging shall jointly establish an Advisory Committee for the
Prevention of Unnecessary Institutionalization Program to advise the Secretary
of Human Services and the Director on Aging on rulemaking, policies, and
procedures under which the Program shall operate. The Advisory Committee shall
consist of 11 members and shall include at least three individuals under the
age of 60 representing different disabilities appointed by the Secretary of
Human Services, three individuals age 60 or over representing different
disabilities appointed by the Director on Aging, a representative of an Area
Agency on Aging, the Executive Director of the Statewide Independent Living
Council or his or her designee, a representative from the construction industry
who specializes in home modifications for individuals with disabilities and
older persons, the Executive Director of the Illinois Assistive Technology
Project or his or her designee, and the Executive Director of the Coalition of
Citizens with Disabilities in Illinois or his or her designee.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/5
(310 ILCS 100/5)
Sec. 5.
Findings.
The General Assembly finds that it is far preferable for
older persons and adults and children with disabilities to live in their own
homes or in the homes of family members in their own communities rather than in
more restrictive institutionalized settings removed from their friends and
loved ones. The General Assembly further finds that older persons and adults
and children with disabilities often are unnecessarily placed or forced to
remain in institutionalized settings due to the lack of resources needed to
make modifications to their dwellings or to obtain assistive technology devices
to enable them to remain in or return to their homes and communities. The
General Assembly further finds that it is in the best interests of the State of
Illinois to support community‑based living for older persons and adults and
children with disabilities by implementing a program to enable them to make
modifications to their dwellings or to obtain assistive technology devices to
avoid unnecessary placement outside of their own homes and communities.
(Source: P.A. 92‑122, eff. 7‑20‑01.) 310 ILCS 100/99
(310 ILCS 100/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 92‑122, eff. 7‑20‑01.)
|
