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92_SB0816eng SB816 Engrossed LRB9206966WHcs 1 AN ACT in relation to older persons and persons with 2 disabilities. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Prevention of Unnecessary Institutionalization Act. 7 Section 5. Findings. The General Assembly finds that it 8 is far preferable for older persons and adults and children 9 with disabilities to live in their own homes or in the homes 10 of family members in their own communities rather than in 11 more restrictive institutionalized settings removed from 12 their friends and loved ones. The General Assembly further 13 finds that older persons and adults and children with 14 disabilities often are unnecessarily placed or forced to 15 remain in institutionalized settings due to the lack of 16 resources needed to make modifications to their dwellings or 17 to obtain assistive technology devices to enable them to 18 remain in or return to their homes and communities. The 19 General Assembly further finds that it is in the best 20 interests of the State of Illinois to support community-based 21 living for older persons and adults and children with 22 disabilities by implementing a program to enable them to make 23 modifications to their dwellings or to obtain assistive 24 technology devices to avoid unnecessary placement outside of 25 their own homes and communities. 26 Section 10. Purpose. The purpose of this Act is to 27 authorize the Department of Human Services and the Department 28 on Aging to jointly establish a program to provide funding 29 for necessary structural modifications and assistive 30 technology devices to enable older persons and adults and SB816 Engrossed -2- LRB9206966WHcs 1 children with disabilities to remain in or return to their 2 homes or other dwellings of their choice within their 3 community in order to allow them to live as independently as 4 possible for as long as possible. 5 Section 15. Definitions. As used in this Act: 6 "Assistive technology device" means an item, piece of 7 equipment, or product system, whether acquired commercially, 8 modified, or customized, that is used to increase, maintain, 9 or improve functional capabilities of individuals with 10 disabilities and older persons. 11 "Structural modification" means a change to a dwelling 12 that enhances its usability or accessibility or both for a 13 resident who has a disability or is an older person. 14 Section 20. Program. Subject to appropriation for these 15 purposes, the Department of Human Services and the Department 16 on Aging shall jointly establish a Prevention of Unnecessary 17 Institutionalization Grant and Loan Program. The Program 18 shall have 2 components. One component shall be administered 19 by the Department of Human Services and the other component 20 shall be administered by the Department on Aging. The 21 Department of Human Services and the Department on Aging 22 shall cooperate in the overall administration of the Program. 23 Section 25. Eligibility. Persons age 60 or over and 24 adults and children with disabilities shall be eligible for 25 grants or loans or both under the Program established by this 26 Act if they have one or more verifiable impairments that 27 substantially limits one or more of life's major activities 28 for which some modification of their dwelling or assistive 29 technology devices, or both, are required which they are 30 unable to afford because of limited resources. Preference 31 shall be given to applicants who: (1) are at imminent risk of SB816 Engrossed -3- LRB9206966WHcs 1 institutionalization or who are already in an institutional 2 setting but are ready to return to the community and who 3 would be able to live in the community if modifications are 4 made or they have the needed assistive technology devices, 5 (2) have inadequate resources or no current access to 6 resources as a result of the geographic location of their 7 dwelling, the lack of other available State or federal funds 8 such as the Community Development Block Grant or rural 9 housing assistance programs or income limitations such as the 10 inability to qualify for a low-interest loan, or (3) have 11 access to other resources, but those resources are 12 insufficient to complete the necessary modifications or 13 acquire the needed assistive technology devices. Adults 14 under 60 years of age with disabilities and children with 15 disabilities shall receive services under the component of 16 the Program administered by the Department of Human Services. 17 An adult 60 years of age or older may elect to receive 18 services under the component administered by the Department 19 of Human Services if, at the time he or she reached age 60, 20 he or she was already receiving Home Services under 21 subsection (f) of Section 3 of the Disabled Persons 22 Rehabilitation Act or he or she was already receiving 23 services under the component of the Program administered by 24 the Department of Human Services. All other adults 60 years 25 of age or older receiving services under the Program shall 26 receive services under the component administered by the 27 Department on Aging. 28 Section 30. Rulemaking. The Department of Human Services 29 and the Department on Aging shall jointly adopt 30 administrative rules governing the Program consistent with 31 this Act. 32 Section 35. Advisory Committee. The Department of Human SB816 Engrossed -4- LRB9206966WHcs 1 Services and the Department on Aging shall jointly establish 2 an Advisory Committee for the Prevention of Unnecessary 3 Institutionalization Program to advise the Secretary of Human 4 Services and the Director on Aging on rulemaking, policies, 5 and procedures under which the Program shall operate. The 6 Advisory Committee shall consist of 11 members and shall 7 include at least three individuals under the age of 60 8 representing different disabilities appointed by the 9 Secretary of Human Services, three individuals age 60 or over 10 representing different disabilities appointed by the Director 11 on Aging, a representative of an Area Agency on Aging, the 12 Executive Director of the Statewide Independent Living 13 Council or his or her designee, a representative from the 14 construction industry who specializes in home modifications 15 for individuals with disabilities and older persons, the 16 Executive Director of the Illinois Assistive Technology 17 Project or his or her designee, and the Executive Director of 18 the Coalition of Citizens with Disabilities in Illinois or 19 his or her designee. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.