103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3716
 
Introduced , by Rep. Anna Moeller
 
SYNOPSIS AS INTRODUCED:



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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A BILL FOR
 


HB3716LRB103 30277 CPF 56705 b



1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Nursing Home Care Act is amended by adding 
5the heading of Article IV and Sections 4-101 and 4-105 as 
6follows:

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 
12Directions for Nursing Home Resident Care Task Force to 
13develop a 5-year plan to implement the long-standing policy of 
14the State of deinstitutionalizing individuals who require 
15long-term care, consistent with the requirements of community 
16integration in the Americans with Disabilities Act, 42 U.S.C. 
1712101, and the United States Supreme Court decision of 
18Olmstead v. L.C., 527 U.S. 581 (1999). 
19 (b) The Task Force shall create a plan so that every 
20nursing-home eligible individual who can be cared for in the 
21community at the same or lesser cost than the individual's 
22care in a nursing home has programs available to allow them to 
 
 
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1choose such community care. To achieve that goal, the plan 
2shall: 
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 
6service needs related to expanding the Task Force's plan to 
7include that part of the nursing facility population that 
8would be more expensive to house in the community. The plan 
9shall also identify which specific additional programs are 
10most likely to allow the largest number of individuals in this 
11group to live in the community and the cost associated with 
12each program. 
13 (d) The Task Force shall consist of the following 
14individuals, 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 
25among the members. Task Force members shall serve without 
26compensation but shall be reimbursed for reasonable expenses 
 
 
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1incurred in carrying out the members' duties. 
2 (f) The Department of Human Services shall provide 
3administrative support to the Task Force. 
4 (g) The Department of Human Services shall constitute the 
5Task Force no later than 3 months after the effective date of 
6this amendatory Act of the 103rd General Assembly. The Task 
7Force shall issue its plan no later than one year after the 
8Task 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 
12amendatory Act of the 103rd General Assembly, the Task Force 
13shall create a proposal for providing housing assistance 
14payments to individuals receiving benefits under Title XVI of 
15the federal Social Security Act, 42 U.S.C. 1381, who are 
16facing placement in a facility or are unable to leave such a 
17facility unless the individuals' have access to such a housing 
18subsidy. 
19 (b) The proposal shall be designed to provide housing 
20assistance payments sufficient to allow eligible individuals 
21to live in the community, but in any event shall provide an 
22amount of assistance not less than the assistance provided 
23through the federal United States Department of Housing and 
24Urban Development Section 8 housing program. 
25 (c) When designing the program, the Task Force shall 
 
 
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1consider the cost savings of living in the community in 
2comparison with the expense of living in a facility. 
3 (d) The proposal shall identify estimated total costs, 
4estimated savings connected to housing individuals with a 
5housing subsidy instead of in nursing facilities, and any 
6appropriate funding redistribution on enactment of the 
7proposal.