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[ Engrossed ] | [ House Amendment 001 ] |
92_HB0659 LRB9206605WHcs 1 AN ACT in relation to long-term care planning. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. General Provisions 5 Section 1-1. Short title. This Act may be cited as the 6 Long-Term Care Planning Strategy Act. 7 Section 1-5. Purpose. This Act is created to achieve a 8 broad awareness and use of alternatives to nursing homes to 9 serve the increased number of people needing long-term care. 10 ARTICLE 5. Long-Term Care Planning Committee 11 Section 5-5. Long-term care planning committee. The 12 Director of Aging shall establish, by July 1, 2002, a 13 committee of individuals who are knowledgeable in the areas 14 of long-term care, geriatric care, community services for the 15 elderly, long-term care facility inspection, or quality of 16 care assurance. The Director of Aging, or his or her 17 designees, shall chair and convene the committee. The 18 committee may utilize the expertise and time of other 19 individuals employed by the Department as needed. The 20 committee shall meet as often as necessary to accomplish its 21 duties, but at least quarterly. The committee shall 22 establish procedures, including public hearings, for allowing 23 regular opportunities for input from consumers of long-term 24 care services, advocates, trade associations, facility 25 administrators, county agency administrators, and other 26 interested persons. 27 Section 5-10. Duties. The committee shall identify -2- LRB9206605WHcs 1 long-term care issues requiring coordinated policies and 2 shall conduct analyses, coordinate policy development, and 3 make recommendations for effective implementation of these 4 policies. The committee shall refine State long-term goals, 5 establish performance indicators, and develop other methods 6 or measures to evaluate program performance, including client 7 outcomes. The committee shall review the effectiveness of 8 programs in meeting their objectives. 9 The committee shall also do the following: 10 (1) Facilitate the development of regional and 11 local bodies to plan and coordinate regional and local 12 services. 13 (2) Recommend a single regional or local point of 14 access for persons seeking information on long-term care 15 services. 16 (3) Recommend changes in State funding and 17 administrative policies that are necessary to maximize 18 the use of home and community-based care and that promote 19 the use of the least costly alternative without 20 sacrificing quality of care. 21 (4) Develop methods of identifying and serving 22 seniors who need minimal services to remain independent 23 but who are likely to develop a need for more extensive 24 services in the absence of these minimal services. 25 (5) Develop and implement strategies for 26 advocating, promoting, and developing long-term care 27 insurance, and encourage insurance companies to offer 28 long-term care insurance policies that are affordable and 29 offer a wide range of benefits. 30 Section 5-15. Goals of the committee. The long-term 31 goals of the committee include the following: 32 (1) Achieve a broad awareness and use of low-cost 33 home care and other residential alternatives to nursing -3- LRB9206605WHcs 1 homes. 2 (2) Develop a statewide system of information and 3 assistance to enable easy access to long-term care 4 services. 5 (3) Develop sufficient alternatives to nursing 6 homes to serve the increased number of people needing 7 long-term care. 8 These goals are designed to create a new community-based 9 care paradigm for long-term care in order to maximize 10 independence of the older adult population and ensure the 11 cost-effective use of financial and human resources. 12 Section 5-20. Reports. The committee shall prepare a 13 biennial report and the chair shall deliver this report to 14 the legislature beginning January 31, 2003, listing progress, 15 achievements, and current goals and objectives. The chair 16 shall recommend changes in, or additions to, legislation 17 necessary or desirable to fulfill their responsibilities. 18 Section 5-25. Data. The committee shall have access to 19 data from the Illinois Department of Public Aid, the 20 Department of Public Health, the Department of Human 21 Services, the Department of Insurance, and the Department on 22 Aging for carrying out its duties under this Act. The 23 committee may have access to data on persons, including data 24 on vendors of services, to carry out the purposes of this 25 Act. If the committee receives data that is collected, 26 maintained, used, or disseminated in an investigation, 27 authorized by statute and relating to enforcement of rules or 28 law, the committee or the chair shall not disclose that 29 information except under statute or valid court order, or to 30 a party named in a civil or criminal proceeding, 31 administrative or judicial, for preparation of defense. 32 Data described in this subsection is classified as public -4- LRB9206605WHcs 1 data upon its submission to an administrative law judge or 2 court in an administrative or judicial proceeding. 3 Section 5-30. Long-term care research and database. The 4 committee shall collect and analyze State and national 5 long-term care data and research, including relevant health 6 data, information, and research relating to long-term care 7 and social needs, service utilization, costs, and client 8 outcomes. The committee shall make recommendations to State 9 agencies and other public and private agencies for methods of 10 improving coordination of existing data, develop data needed 11 for long-term care research, and promote new research 12 activities. Research and data activities shall be designed 13 to accomplish the following: 14 (1) Improve the validity and reliability of existing 15 data and research information. 16 (2) Identify sources of funding and potential uses of 17 funding sources. 18 (3) Evaluate the effectiveness and client outcomes of 19 existing programs. 20 (4) Identify and plan for future changes in the number, 21 level, and type of services needed by seniors. 22 ARTICLE 10. Seniors' Agenda for 23 Independent Living Projects 24 for a New Long-Term Care Strategy 25 Section 10-5. Purpose, mission, goals, and objectives. 26 (a) The purpose of implementing Seniors' Agenda for 27 Independent Living (SAIL) projects under this Article is to 28 demonstrate a new cooperative strategy for the long-term care 29 system in the State. 30 The projects are part of the initial plan for a 20-year 31 strategy. The mission of the 20-year strategy is to create a -5- LRB9206605WHcs 1 new community-based care paradigm for long-term care in order 2 to maximize independence of the older adult population, and 3 to ensure cost-effective use of financial and human 4 resources. The goals for the 20-year strategy include the 5 following: 6 (1) Achieve a broad awareness and use of low-cost 7 home care and other residential alternatives to nursing 8 homes. 9 (2) Develop a statewide system of information and 10 assistance to enable easy access to long-term care 11 services. 12 (3) Develop sufficient alternatives to nursing 13 homes to serve the increased number of people needing 14 long-term care. 15 (5) Build a community-based approach and commitment 16 to delivering long-term care services for elderly persons 17 in their homes. 18 (b) The objective for the fiscal years 2002 and 2003 19 biennial plan is to continue at least 4 but not more than 6 20 projects in anticipation of a statewide program. These 21 projects will continue the process of implementing the 22 following: 23 (1) A coordinated planning and administrative 24 process. 25 (2) A refocused function of the preadmission 26 screening program. 27 (3) The development of additional home, community, 28 and residential alternatives to nursing homes. 29 (4) A program to support the informal caregivers for 30 elderly persons. 31 (5) Programs to strengthen the use of volunteers. 32 (6) Programs to support the building of community 33 commitment to provide long-term care for elderly persons. 34 This is done in conjunction with an expanded role of the -6- LRB9206605WHcs 1 long-term care planning committee as described in Article V 2 of this Act. The services offered through these projects 3 will be available to those who have their own funds to pay 4 for services, as well as to persons who are eligible for 5 medical assistance. 6 Section 10-10. Design of SAIL projects; local long-term 7 care coordinating term. 8 (a) The Director of Aging in conjunction with the 9 long-term care planning committee's long-range strategic 10 plan, shall contract with SAIL projects in 4 to 6 counties or 11 groups of counties to demonstrate the feasibility and 12 cost-effectiveness of a local long-term care strategy that is 13 consistent with the State's long-term care goals identified 14 in Section 10-5. The Director of Aging shall publish a 15 notice announcing the availability of project funding and 16 giving instructions for making an application. The 17 instructions for the application shall identify the amount of 18 funding available for project components. 19 (b) Projects may be selected if they demonstrate the 20 following: 21 (1) The objectives of the local project will help 22 to achieve the State's long-term care goals as defined in 23 Section 10-5. 24 (2) The project proposal demonstrates that local 25 agencies have the ability to perform the project as 26 described and that implementation of the project has a 27 reasonable chance of achieving its objectives. 28 (3) The applicant documents efforts of cooperation 29 with consumers and other agencies and organizations, both 30 public and private, in planning for service delivery. 31 (4) The applicant shall list performance outcomes 32 and indicators that meet the State's objectives. The 33 project strategy shall provide for the following: -7- LRB9206605WHcs 1 (A) Accessible information, assessment, and 2 preadmission screening activities as described in 3 Section 10-15. 4 (B) An increase in numbers of alternative care 5 clients served, including those who are relocated 6 from nursing homes, that results in a reduction of 7 the medical assistance nursing home caseload. 8 (C) The development of additional services 9 including adult family foster care homes, family 10 adult day care, assisted living projects and 11 congregate housing service projects in apartment 12 buildings, expanded home care services for evenings 13 and weekends, expanded volunteer services, caregiver 14 support, and respite care projects. 15 Section 10-15. Accessible information, screening, and 16 assessment function. 17 (a) The projects selected by and under contract with the 18 Department on Aging shall establish an accessible 19 information, screening, and assessment function for persons 20 who need assistance and information regarding long-term care. 21 This accessible information, screening, and assessment 22 activity shall include information and referral, early 23 intervention, follow-up contacts, telephone screening, home 24 visits, assessments, preadmission screening, and relocation 25 case management for the frail elderly and their caregivers in 26 the area served by the county or counties. The purpose is to 27 ensure that information and help is provided to elderly 28 persons and their families in a timely fashion when they are 29 making decisions about long-term care. These functions may 30 be split among various agencies, but shall be coordinated by 31 the local long-term care coordinating team. 32 (b) Any information and referral functions funded by 33 other sources, such as Title III of the Older Americans Act, -8- LRB9206605WHcs 1 Title XX of the Social Security Act, and the Community Social 2 Services Act, shall be considered by the applicant in 3 establishing this function to avoid duplication and to ensure 4 access to information for persons needing help and 5 information regarding long-term care. 6 Section 10-20. Service development and delivery. In 7 addition to the information screening and assessment 8 activity, the applicant may include provisions for the 9 following: 10 (1) The addition of a full-time staff person who is 11 responsible to develop the following services and recruit 12 providers as established in the contract. 13 (i) Additional adult family foster care homes. 14 (ii) Family adult day care providers. 15 (iii) An assisted living program in an 16 apartment. 17 (iv) A congregate housing service project in a 18 subsidized housing project. 19 (v) The expansion of evening and weekend 20 coverage of home care services as deemed necessary 21 by the local strategic plan. 22 (2) Small incentive grants to new adult family care 23 providers for renovations needed to meet licensure 24 requirements. 25 (3) A plan to apply for a congregate housing 26 service project authorized by the Department on Aging, to 27 the extent that funds are available. 28 (4) A plan to divert new applicants to nursing 29 homes and to relocate a targeted population from nursing 30 homes, using the individual's own resources or the 31 funding available for services. 32 (5) One or more caregiver support and respite care 33 projects, as described in Section 10-25. -9- LRB9206605WHcs 1 Section 10-25. Caregiver support and respite care 2 projects. 3 (a) The Director of Aging shall establish up to 36 4 projects to expand the respite care network in the State and 5 to support caregivers in their responsibilities for care. 6 The purpose of each project shall be to: 7 (1) establish a local coordinated network of 8 volunteer and paid respite workers; 9 (2) coordinate assignment of respite workers to 10 clients and care receivers and assure the health and 11 safety of the client; and 12 (3) provide training for caregivers and ensure that 13 support groups are available in the community. 14 (b) The caregiver support and respite care funds shall 15 be available to the 4 to 6 local long-term care strategy 16 projects designated in subsection (b) of Section 10-10. 17 (c) The Director of Aging shall publish a notice to 18 solicit proposals from public or private nonprofit agencies 19 for the projects not included in the 4 to 6 local long-term 20 care strategy projects discussed in subsection (a) of Section 21 10-10. 22 (d) The Director of Aging shall select grantees based on 23 the following criteria: 24 (1) The ability of the proposal to demonstrate need 25 in the area served, as evidenced by a community needs 26 assessment or other demographic data. 27 (2) The ability of the proposal to clearly describe 28 how the project will achieve the purpose defined in 29 paragraph (b). 30 (3) The ability of the proposal to reach an 31 underserved population. 32 (4) The ability of the proposal to demonstrate 33 community commitment to the project, as evidenced by 34 letters of support and cooperation. -10- LRB9206605WHcs 1 (5) The ability of the proposal to clearly describe 2 the process for recruiting, training, and retraining 3 volunteers. 4 (6) The inclusion in the proposal of the plan to 5 promote the project in the community, including outreach 6 to persons needing the services. 7 (e) Funds for all projects under this Section may be 8 used to do any of the following: 9 (1) Hire a coordinator to develop a coordinated 10 network of volunteer and paid respite care services and 11 assign workers to clients. 12 (2) Recruit and train volunteer providers. 13 (3) Train caregivers. 14 (4) Ensure the development of support groups for 15 caregivers. 16 (5) Advertise the availability of the caregiver 17 support respite care project. 18 (6) Purchase equipment to maintain a system of 19 assigning workers to clients. 20 (f) Project funds may not be used to supplant existing 21 funding sources. 22 Section 10-30. SAIL evaluation and expansion. The 23 Director of Aging shall evaluate the success of the SAIL 24 projects against the goals and objective stated in Section 25 10-5 and recommend to the legislature the continuation or 26 expansion of the long-term care strategy by February 15, 27 2002. 28 Section 10-35. Public awareness campaign. The Director 29 of Aging, with assistance from the Directors of Public 30 Health, Insurance, and Public Aid, and the Secretary of Human 31 Services, and with the advice of the long-term care planning 32 committee established under Article V, shall contract for a -11- LRB9206605WHcs 1 public awareness campaign to educate the general public, 2 seniors, consumers, caregivers, and professionals about the 3 aging process, the long-term care system, and alternatives 4 available, including alternative care and residential 5 alternatives. Particular emphasis will be given to informing 6 consumers on how to access the alternatives and obtain 7 information on the long-term care system. The Director of 8 Aging shall pursue the development of new names for 9 preadmission screening, alternative care, foster care, and 10 other services as deemed necessary for the public awareness 11 campaign.