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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
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(320 ILCS 10/) Respite Program Act. 320 ILCS 10/1
(320 ILCS 10/1) (from Ch. 23, par. 6201)
Sec. 1.
Short title.
This Act may be cited as the Respite Program Act.
(Source: P.A. 87-974.)
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320 ILCS 10/1.5 (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
Sec. 1.5. Purpose. It is hereby found and determined by the General
Assembly that respite care provides relief and support to the primary
care-giver of a frail adult or an adult with a disability and provides a break for the
caregiver from the continuous
responsibilities of care-giving. Without this support, the primary
care-giver's ability to continue in his or her role would be jeopardized;
thereby increasing the risk of institutionalization of the frail
adult or adult with a disability.
By providing respite care
through intermittent planned or emergency relief to the care-giver
during the regular week-day, evening, and weekend hours, both the special
physical and psychological needs of the primary care-giver and the frail adult or adult with a disability,
who
is the recipient of continuous care, shall be met reducing or preventing
the need for institutionalization.
Furthermore, the primary care-giver providing continuous care is
frequently under substantial financial stress. Respite care and other
supportive services sustain and preserve the primary care-giver and family
caregiving unit. It is the intent of the General Assembly that this
Act ensure that Illinois primary care-givers of
frail adults or adults with disabilities have access to affordable, appropriate in-home respite care services.
(Source: P.A. 99-143, eff. 7-27-15.)
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320 ILCS 10/2 (320 ILCS 10/2) (from Ch. 23, par. 6202)
Sec. 2. Definitions. As used in this Act:
(1) "Respite care" means the provision of intermittent and temporary
substitute care or supervision of frail adults or adults with disabilities on behalf of and in the absence
of the primary care-giver, for the purpose of providing relief from the stress
or responsibilities concomitant with providing constant care, so as to enable
the care-giver to continue the provision of care in the home. Respite care
should be available to sustain the
care-giver throughout the period
of care-giving, which can vary from several months to a number of years.
Respite care can be provided in the home, in a day care
setting during the day, overnight,
in a substitute residential setting such as a long-term care facility
required to be licensed under the Nursing Home Care Act or the Assisted Living
and Shared Housing Act,
or for more extended periods of time on a
temporary basis.
(1.5) "In-home respite care" means care provided by an
appropriately trained paid worker providing short-term intermittent care,
supervision, or companionship to the frail adult or adult with a disability in the home while relieving
the care-giver, by permitting a short-term break from the care-giver's
care-giving
role. This support may contribute to the delay, reduction, and prevention of
institutionalization by enabling the care-giver to continue in his or her
care-giving role. In-home respite care should be flexible and available in a
manner that is responsive to the needs of the care-giver. This
may consist of evening respite care services that are available from
6:00 p.m. to 8:00 a.m. Monday through Friday and weekend respite care
services from 6:00 p.m. Friday to 8:00 a.m. Monday.
(2) "Care-giver" shall mean the family member or other natural person
who normally provides the daily care or supervision of a frail adult or an adult with a disability. Such care-giver may, but need not, reside in the
same household as the frail adult or adult with a disability.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) "Department" shall mean the Department on Aging.
(7) (Blank).
(8) "Frail adult or adult with a disability" shall mean any person who is 60 years of age or older and who either (i) suffers from Alzheimer's disease
or a related disorder or (ii)
is unable to attend to his or her daily needs
without the assistance or regular supervision of a care-giver due to mental
or physical impairment and who is otherwise eligible for services on the
basis of his or her level of impairment.
(9) "Emergency respite care" means the immediate placement of a
trained, in-home respite care worker in the home during an emergency or
unplanned event, or during a temporary placement outside the home, to
substitute for the care-giver. Emergency respite
care may be provided on one or more occasions unless an
extension is deemed necessary by the case coordination unit or by another agency designated by the Department and area agencies on aging to conduct needs assessments for respite care services. When there
is an urgent need for emergency respite care, procedures to accommodate
this need must be determined. An emergency is:
(a) An unplanned event that results in the immediate | | and unavoidable absence of the care-giver from the home in an excess of 4 hours at a time when no other qualified care-giver is available.
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(b) An unplanned situation that prevents the
| | care-giver from providing the care required by a frail adult or an adult with a disability living at home.
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(c) An unplanned event that threatens the health and
| | safety of the frail adult or adult with a disability.
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(d) An unplanned event that threatens the health and
| | safety of the care-giver thereby placing the frail adult or adult with a disability in danger.
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(10) (Blank).
(Source: P.A. 99-143, eff. 7-27-15.)
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320 ILCS 10/3 (320 ILCS 10/3) (from Ch. 23, par. 6203)
Sec. 3. Respite Program. The Director is hereby authorized to administer
a program of assistance to persons
in need and to deter the institutionalization of frail adults or adults with disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)
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320 ILCS 10/4 (320 ILCS 10/4) (from Ch. 23, par. 6204)
Sec. 4. No Limit to Care. Nothing contained in this Act shall be construed
so as to limit, modify or otherwise affect the provisions for
in-home services being provided under Section 4.02 of the Illinois
Act on the Aging.
(Source: P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/5 (320 ILCS 10/5) (from Ch. 23, par. 6205)
Sec. 5. Eligibility. The Department may establish eligibility standards for
respite services taking into consideration the unique economic and social needs
of the population for whom they are to be provided. The population identified
for the purposes of this Act includes persons suffering from Alzheimer's
disease or a related disorder and persons who are 60 years
of age or older with
an identified service need. Priority shall be given in all cases to frail adults or adults with disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)
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320 ILCS 10/6 (320 ILCS 10/6) (from Ch. 23, par. 6206)
Sec. 6. Responsibilities.
(a) The Department shall administer this Act and shall
adopt rules and standards the Department deems necessary for that purpose.
(b) The Department shall make grants to or contract with
Area Agencies on Aging and other appropriate community-based organizations to
provide respite care under this Act.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) Nothing in this Act shall be construed to limit, modify, or otherwise
affect the provision of long-term in-home services under Section 4.02 of the
Illinois Act on the Aging.
(Source: P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/7
(320 ILCS 10/7) (from Ch. 23, par. 6207)
Sec. 7.
(Repealed).(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/8 (320 ILCS 10/8) (from Ch. 23, par. 6208)
Sec. 8. Funding.
Services authorized under this Act
shall be
funded only to the extent of available appropriations for such purposes. The
Director may seek and obtain State and federal funds that may
be
available to finance respite care under this Act, and may also
seek and obtain
other non-state resources for which the State may be eligible.
The Department may seek appropriate waivers of federal
requirements from
the U.S. Department of Health and Human Services.
(Source: P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/9
(320 ILCS 10/9) (from Ch. 23, par. 6209)
Sec. 9.
(Repealed).(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/10
(320 ILCS 10/10) (from Ch. 23, par. 6210)
Sec. 10.
(Repealed).(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)
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320 ILCS 10/11 (320 ILCS 10/11) (from Ch. 23, par. 6211)
Sec. 11. Respite Care Worker Training.
(a) A respite care worker shall be an appropriately trained
individual whose duty it is to provide in-home supervision and assistance to a
frail adult or an adult with a disability in order to allow the
care-giver a break from his or her
continuous care-giving responsibilities.
(b) The Director may prescribe minimum training guidelines
for respite
care workers to ensure that the special needs of persons receiving services
under this Act and their caregivers will be met. The Director may
designate Alzheimer's disease associations and community agencies to
conduct such training. Nothing in this Act should be construed to exempt
any individual providing a service subject to licensure or certification
under State law from these requirements.
(Source: P.A. 99-143, eff. 7-27-15.)
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320 ILCS 10/12
(320 ILCS 10/12) (from Ch. 23, par. 6212)
Sec. 12. Annual report. The Director shall submit a report by March 31 of the following fiscal year
to the Governor and the General Assembly detailing the progress of the
respite care services provided under this Act and shall also include an estimate of the demand for respite care services over the next 10 years.
(Source: P.A. 103-102, eff. 1-1-24.)
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