(305 ILCS 5/12-4.47)
(Text of Section from P.A. 98-825)
Sec. 12-4.47. Long-Term Services and Supports Disparities Task Force.
(a) The Department of Healthcare and Family Services shall establish a Long-Term Services and Supports Disparities Task Force.
(b) Members of the Task Force shall be appointed by the Director of the Department of Healthcare and Family Services and shall include representatives of the following agencies, organizations, or groups:
(1) The Governor's office.
(2) The Department of Healthcare and Family Services.
(3) The Department of Human Services.
(4) The Department on Aging.
(5) The Department of Human Rights.
(6) Area Agencies on Aging.
(7) The Department of Public Health.
(8) Managed Care Plans.
(9) The for-profit urban nursing home or assisted
living industry.
(10) The for-profit rural nursing home or assisted
living industry.
(11) The not-for-profit nursing home or assisted
living industry.
(12) The home care association or home care industry.
(13) The adult day care association or adult day care
industry.
(14) An association representing workers who provide
long-term services and supports.
(15) A representative of providers that serve the
predominantly ethnic minority populations.
(16) Case Management Organizations.
(17) Three consumer representatives which may include
a consumer of long-term services and supports or an individual who advocates for such consumers. For purposes of this provision, "consumer representative" means a person who is not an elected official and who has no financial interest in a health or long-term care delivery system.
(c) The Task Force shall not meet unless all consumer representative positions are filled. The Task Force shall reflect diversity in race, ethnicity, and gender.
(d) The Chair of the Task Force shall be appointed by the Director of the Department of Healthcare and Family Services.
(e) The Director of the Department of Healthcare and Family Services shall assign appropriate staff and resources to support the efforts of the Task Force. The Task Force shall meet as often as necessary but not less than 4 times per calendar year.
(f) The Task Force shall promote and facilitate communication, coordination, and collaboration among relevant State agencies and communities of color, limited English-speaking communities, and the private and public entities providing services to those communities.
(g) The Task Force shall do all of the following:
(1) Document the number and types of Long-Term
Services and Supports (LTSS) providers in the State and the number of clients served in each setting.
(2) Document the number and racial profiles of
residents using LTSS including, but not limited to, residential nursing facilities, assisted living facilities, adult day care, home health services, and other home and community based long-term care services.
(3) Document the number and profiles of family or
informal caregivers who provide care for minority elders.
(4) Compare data over multiple years to identify
trends in the delivery of LTSS for each racial or ethnic category including: Alaskan Native or American Indian, Asian or Pacific Islander, black or African American, Hispanic, or white.
(5) Identify any racial disparities in the provision
of care in various LTSS settings and determine factors that might influence the disparities found.
(6) Identify any disparities uniquely experienced in
metropolitan or rural areas and make recommendations to address these areas.
(7) Assess whether the LTSS industry, including
managed care plans and independent providers, is equipped to offer culturally sensitive, competent, and linguistically appropriate care to meet the needs of a diverse aging population and their informal and formal caregivers.
(8) Consider whether to recommend that the State
require all home and community based services as a condition of licensure to report data similar to that gathered under the Minimum Data Set and required when a new resident is admitted to a nursing home.
(9) Identify and prioritize recommendations for
actions to be taken by the State to address disparity issues identified in the course of these studies.
(10) Monitor the progress of the State in eliminating
racial disparities in the delivery of LTSS.
(h) The Task Force shall conduct public hearings, inquiries, studies, and other forms of information gathering to identify how the actions of State government contribute to or reduce racial disparities in long-term care settings.
(i) The Task Force shall report its findings and recommendations to the Governor and the General Assembly no later than one year after the effective date of this amendatory Act of the 98th General Assembly. Annual reports shall be issued every year thereafter and shall include documentation of progress made to eliminate disparities in long-term care service settings.
(Source: P.A. 98-825, eff. 8-1-14.)
(Text of Section from P.A. 98-1000)
Sec. 12-4.47. Continued eligibility for developmental disability services for dependents of military service members.
(a) As used in this Section:
"Dependent" means a spouse, birth child, adopted child, or stepchild of a military service member.
"Legal resident" means a person who maintains Illinois as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.
"Military service" means service in the armed forces or armed forces reserves of the United States, or membership in the Illinois National Guard.
"Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.
(b) A dependent, who is a legal resident of the State, having previously been determined to be eligible for developmental disability services provided by the Department of Human Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the State, regardless of having left the State due to the military service member's military assignment outside the State, and as long as he or she is otherwise eligible for such services.
(c) The Department of Human Services shall permit a dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services if the dependent left the State due to the military service member's military assignment outside the State, is otherwise eligible for those services, and furnishes the following:
(1) a copy of the military service member's DD-214 or
other equivalent discharge paperwork; and
(2) proof of the military service member's legal
residence in the State, as prescribed by the Department.
(d) For dependents who received developmental disability services and who left the State due to the military service member's military assignment outside the State, upon the dependent's return to the State and when a request for services is made, the Department shall:
(1) determine the dependent's eligibility for
services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;
(2) provide to the dependent notification of the
determination of eligibility for services, which includes notification of a denial of services if applicable;
(3) provide the dependent an opportunity to contest
the Department's determination through the appeals processes established by the Department; and
(4) resume services if the individual remains
eligible.
(e) As a condition of continued eligibility for services under subsection (b) of this Section, a dependent must inform the Department of his or her current address and provide updates as requested by the Department.
(f) No payment pursuant to this Section shall be made for developmental disability services authorized under the Illinois Title XIX State Plan and provided outside the State unless those services satisfy the conditions specified in 42 CFR 431.52. No payment pursuant to this Section shall be made for home and community based services provided outside the State of Illinois.
(g) The Department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Section.
(h) The Department may adopt rules necessary to implement the provisions of this Section.
(Source: P.A. 98-1000, eff. 8-18-14.)
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Last modified: February 18, 2015