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2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 105/      Illinois Act on the Aging.

    (20 ILCS 105/1) (from Ch. 23, par. 6101)
    Sec. 1.
    This Act shall be known and may be cited as the "Illinois Act on the Aging".
(Source: P. A. 78‑242.)

    (20 ILCS 105/2) (from Ch. 23, par. 6102)
    Sec. 2.
    The ability of the constantly increasing number of aged in the State to maintain self‑sufficiency and personal well‑being with the dignity to which their years of labor entitle them and to realize their maximum potential as creative and productive individuals are matters of profound import and concern for all of the people of this State.
    The purposes of this Act are to provide a comprehensive and coordinated service system for the State's aging population, giving high priority to those persons in greatest need; to conduct studies and research into the needs and problems of the aging; and to insure participation by the aging in the planning and operation of all phases of the system.
(Source: P. A. 78‑242.)

    (20 ILCS 105/3) (from Ch. 23, par. 6103)
    Sec. 3. As used in this Act, unless the context otherwise requires, the terms specified in Sections 3.01 through 3.10 have the meanings ascribed to them in those Sections.
(Source: P.A. 88‑254.)

    (20 ILCS 105/3.01) (from Ch. 23, par. 6103.01)
    Sec. 3.01.
    "Department" means the Department on Aging created by this Act.
(Source: P. A. 78‑242.)

    (20 ILCS 105/3.02) (from Ch. 23, par. 6103.02)
    Sec. 3.02.
    "Director" means the Director of the Department.
(Source: P. A. 78‑242.)

    (20 ILCS 105/3.03) (from Ch. 23, par. 6103.03)
    Sec. 3.03.
    "Council" means the Council on Aging created by this Act.
(Source: P. A. 78‑242.)

    (20 ILCS 105/3.04) (from Ch. 23, par. 6103.04)
    Sec. 3.04. "Coordinating Committee of State Agencies Serving Older Persons" means the Coordinating Committee of State Agencies Serving Older Persons created by this Act.
(Source: P.A. 89‑249, eff. 8‑4‑95.)

    (20 ILCS 105/3.05) (from Ch. 23, par. 6103.05)
    Sec. 3.05.
    "Aged" or "Senior citizen" means a person of 55 years of age or older, or a person nearing the age of 55 for whom opportunities for employment and participation in community life are unavailable or severely limited and who, as a result thereof, has difficulty in maintaining self‑sufficiency and contributing to the life of the community.
(Source: P. A. 78‑242.)

    (20 ILCS 105/3.06) (from Ch. 23, par. 6103.06)
    Sec. 3.06. "Services" means those services designed to provide assistance to the aged such as nutritional programs, facilities improvement, transportation services, senior volunteer programs, senior companion programs, supplementary health services, programs for leisure‑time activities, housing and employment counseling, benefits advocacy, and other informational, referral, and counseling programs to aid the aged in availing themselves of existing public or private services, or other similar social services intended to aid the senior citizen in attaining and maintaining self‑sufficiency, personal well‑being, and maximum participation in community life.
(Source: P.A. 88‑252; 89‑590, eff. 1‑1‑97.)

    (20 ILCS 105/3.07) (from Ch. 23, par. 6103.07)
    Sec. 3.07. "Area agency on aging" means any public or non‑profit private agency in a planning and service area designated by the Department, which is eligible for funds available under the Older Americans Act and other funds made available by the State of Illinois or the federal government.
    Responsibilities of "area agencies" shall include the development of an area plan that provides for the development of a comprehensive and coordinated service delivery system for social and nutrition services needed by older persons and to define the special needs of minority senior citizens in the planning and service area in which the area agency enters into cooperative arrangements with other service planners and providers to:
        (1) Facilitate access to and utilization of all
    
existing services;
        (2) Develop social and nutrition services
    
effectively and efficiently to meet the needs of older persons; and
        (3) Coordinate existing services to meet the special
    
needs and circumstances of minority senior citizens.
(Source: P.A. 88‑254.)

    (20 ILCS 105/3.08) (from Ch. 23, par. 6103.08)
    Sec. 3.08. "Planning and Service Area" means a geographic area of the State that is designated by the Department for the purposes of planning, development, delivery, and overall administration of services under the area plan. Within each planning and service area the Department must designate an area agency on aging. For the purposes of this Section such planning and service areas shall be as follows:
    Area 1, which is comprised of the counties of Jo Daviess, Stephenson, Winnebago, Boone, Carroll, Ogle, DeKalb, Whiteside and Lee;
    Area 2, which is comprised of the counties of McHenry, Lake, Kane, DuPage, Kendall, Will, Grundy and Kankakee;
    Area 3, which is comprised of the counties of Rock Island, Mercer, Henry, Bureau, LaSalle, Putnam, Henderson, Warren, Knox and McDonough;
    Area 4, which is comprised of the counties of Stark, Marshall, Peoria, Woodford, Fulton and Tazewell;
    Area 5, which is comprised of the counties of Livingston, Iroquois, McLean, Ford, DeWitt, Piatt, Champaign, Vermilion, Macon, Moultrie, Douglas, Edgar, Shelby, Coles, Clark and Cumberland;
    Area 6, which is comprised of the counties of Hancock, Schuyler, Adams, Brown, Pike and Calhoun;
    Area 7, which is comprised of the counties of Mason, Logan, Cass, Menard, Scott, Morgan, Sangamon, Christian, Greene, Macoupin, Montgomery and Jersey;
    Area 8, which is comprised of the counties of Madison, Bond, St. Clair, Clinton, Monroe, Washington and Randolph;
    Area 9, which is comprised of the counties of Fayette, Effingham, Marion, Clay and Jefferson;
    Area 10, which is comprised of the counties of Jasper, Crawford, Richland, Lawrence, Wayne, Edwards, Wabash, Hamilton and White;
    Area 11, which is comprised of the counties of Perry, Franklin, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski and Massac;
    Area 12, which is comprised of the City of Chicago in Cook County; and
    Area 13, which is comprised of the County of Cook outside the City of Chicago.
    At the discretion of the Department and the county, a county of 500,000 population or more may form its own area agency.
(Source: P.A. 82‑979.)

    (20 ILCS 105/3.09) (from Ch. 23, par. 6103.09)
    Sec. 3.09. "Multipurpose senior center" means a community facility for the organization and provision of a broad spectrum of services, including but not limited to provision of health, social, nutritional and educational services and provision of facilities for recreational activities for senior citizens.
(Source: P.A. 86‑1482.)

    (20 ILCS 105/3.10)
    Sec. 3.10. "Minority senior citizen" means any person 55 years of age or older for whom opportunities for employment and participation in community life are unavailable or severely limited and who are:
        (1) African‑American (a person having origins in any
    
of the black racial groups in Africa);
        (2) Hispanic (a person of Spanish or Portuguese
    
culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);
        (3) Asian American (a person having origins in any
    
of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or
        (4) American Indian or Alaskan Native (a person
    
having origins in any of the original peoples of North America).
(Source: P.A. 88‑254.)

    (20 ILCS 105/4) (from Ch. 23, par. 6104)
    Sec. 4.
    There is created the Department on Aging. The Director of the Department on Aging, in conjunction with the Director of the Department of Public Aid shall prepare and implement a plan to transfer all personnel, materials, books, records, appropriations and equipment related to "Services to Older People" in the Department of Public Aid as described in Article VIII of, "The Illinois Public Aid Code", to the Department on Aging by the effective date of this Act. The Department on Aging shall administer programs related to "Services to Older People", described in Article VIII of, "The Illinois Public Aid Code", on the effective date of this Act.
    Upon the effective date of this Act, the Department on Aging shall be the single State agency for receiving and disbursing federal funds made available under the "Older Americans Act".
(Source: P. A. 78‑242.)

    (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
    Sec. 4.01. Additional powers and duties of the Department. In addition to powers and duties otherwise provided by law, the Department shall have the following powers and duties:
    (1) To evaluate all programs, services, and facilities for the aged and for minority senior citizens within the State and determine the extent to which present public or private programs, services and facilities meet the needs of the aged.
    (2) To coordinate and evaluate all programs, services, and facilities for the Aging and for minority senior citizens presently furnished by State agencies and make appropriate recommendations regarding such services, programs and facilities to the Governor and/or the General Assembly.
    (3) To function as the sole State agency to develop a comprehensive plan to meet the needs of the State's senior citizens and the State's minority senior citizens.
    (4) To receive and disburse State and federal funds made available directly to the Department including those funds made available under the Older Americans Act and the Senior Community Service Employment Program for providing services for senior citizens and minority senior citizens or for purposes related thereto, and shall develop and administer any State Plan for the Aging required by federal law.
    (5) To solicit, accept, hold, and administer in behalf of the State any grants or legacies of money, securities, or property to the State of Illinois for services to senior citizens and minority senior citizens or purposes related thereto.
    (6) To provide consultation and assistance to communities, area agencies on aging, and groups developing local services for senior citizens and minority senior citizens.
    (7) To promote community education regarding the problems of senior citizens and minority senior citizens through institutes, publications, radio, television and the local press.
    (8) To cooperate with agencies of the federal government in studies and conferences designed to examine the needs of senior citizens and minority senior citizens and to prepare programs and facilities to meet those needs.
    (9) To establish and maintain information and referral sources throughout the State when not provided by other agencies.
    (10) To provide the staff support as may reasonably be required by the Council and the Coordinating Committee of State Agencies Serving Older Persons.
    (11) To make and enforce rules and regulations necessary and proper to the performance of its duties.
    (12) To establish and fund programs or projects or experimental facilities that are specially designed as alternatives to institutional care.
    (13) To develop a training program to train the counselors presently employed by the Department's aging network to provide Medicare beneficiaries with counseling and advocacy in Medicare, private health insurance, and related health care coverage plans. The Department shall report to the General Assembly on the implementation of the training program on or before December 1, 1986.
    (14) To make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law.
    (15) To present one award annually in each of the categories of community service, education, the performance and graphic arts, and the labor force to outstanding Illinois senior citizens and minority senior citizens in recognition of their individual contributions to either community service, education, the performance and graphic arts, or the labor force. The awards shall be presented to four senior citizens and minority senior citizens selected from a list of 44 nominees compiled annually by the Department. Nominations shall be solicited from senior citizens' service providers, area agencies on aging, senior citizens' centers, and senior citizens' organizations. The Department shall consult with the Coordinating Committee of State Agencies Serving Older Persons to determine which of the nominees shall be the recipient in each category of community service. The Department shall establish a central location within the State to be designated as the Senior Illinoisans Hall of Fame for the public display of all the annual awards, or replicas thereof.
    (16) To establish multipurpose senior centers through area agencies on aging and to fund those new and existing multipurpose senior centers through area agencies on aging, the establishment and funding to begin in such areas of the State as the Department shall designate by rule and as specifically appropriated funds become available.
    (17) To develop the content and format of the acknowledgment regarding non‑recourse reverse mortgage loans under Section 6.1 of the Illinois Banking Act; to provide independent consumer information on reverse mortgages and alternatives; and to refer consumers to independent counseling services with expertise in reverse mortgages.
    (18) To develop a pamphlet in English and Spanish which may be used by physicians licensed to practice medicine in all of its branches pursuant to the Medical Practice Act of 1987, pharmacists licensed pursuant to the Pharmacy Practice Act of 1987, and Illinois residents 65 years of age or older for the purpose of assisting physicians, pharmacists, and patients in monitoring prescriptions provided by various physicians and to aid persons 65 years of age or older in complying with directions for proper use of pharmaceutical prescriptions. The pamphlet may provide space for recording information including but not limited to the following:
        (a) name and telephone number of the patient;
        (b) name and telephone number of the prescribing
    
physician;
        (c) date of prescription;
        (d) name of drug prescribed;
        (e) directions for patient compliance; and
        (f) name and telephone number of dispensing pharmacy.
    In developing the pamphlet, the Department shall consult with the Illinois State Medical Society, the Center for Minority Health Services, the Illinois Pharmacists Association and senior citizens organizations. The Department shall distribute the pamphlets to physicians, pharmacists and persons 65 years of age or older or various senior citizen organizations throughout the State.
    (19) To conduct a study by April 1, 1994 of the feasibility of implementing the Senior Companion Program throughout the State for the fiscal year beginning July 1, 1994.
    (20) With respect to contracts in effect on July 1, 1994, the Department shall increase the grant amounts so that the reimbursement rates paid through the community care program for chore housekeeping services and homemakers are at the same rate, which shall be the higher of the 2 rates currently paid. With respect to all contracts entered into, renewed, or extended on or after July 1, 1994, the reimbursement rates paid through the community care program for chore housekeeping services and homemakers shall be the same.
    (21) From funds appropriated to the Department from the Meals on Wheels Fund, a special fund in the State treasury that is hereby created, and in accordance with State and federal guidelines and the intrastate funding formula, to make grants to area agencies on aging, designated by the Department, for the sole purpose of delivering meals to homebound persons 60 years of age and older.
    (22) To distribute, through its area agencies on aging, information alerting seniors on safety issues regarding emergency weather conditions, including extreme heat and cold, flooding, tornadoes, electrical storms, and other severe storm weather. The information shall include all necessary instructions for safety and all emergency telephone numbers of organizations that will provide additional information and assistance.
    (23) To develop guidelines for the organization and implementation of Volunteer Services Credit Programs to be administered by Area Agencies on Aging or community based senior service organizations. The Department shall hold public hearings on the proposed guidelines for public comment, suggestion, and determination of public interest. The guidelines shall be based on the findings of other states and of community organizations in Illinois that are currently operating volunteer services credit programs or demonstration volunteer services credit programs. The Department shall offer guidelines for all aspects of the programs including, but not limited to, the following:
        (a) types of services to be offered by volunteers;
        (b) types of services to be received upon the
    
redemption of service credits;
        (c) issues of liability for the volunteers and the
    
administering organizations;
        (d) methods of tracking service credits earned and
    
service credits redeemed;
        (e) issues of time limits for redemption of service
    
credits;
        (f) methods of recruitment of volunteers;
        (g) utilization of community volunteers, community
    
service groups, and other resources for delivering services to be received by service credit program clients;
        (h) accountability and assurance that services will
    
be available to individuals who have earned service credits; and
        (i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to the General Assembly by July 1, 1998.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (20 ILCS 105/4.02)(from Ch. 23, par. 6104.02)
    Sec. 4.02. The Department shall establish a program of services to prevent unnecessary institutionalization of persons age 60 and older in need of long term care or who are established as persons who suffer from Alzheimer's disease or a related disorder under the Alzheimer's Disease Assistance Act, thereby enabling them to remain in their own homes or in other living arrangements. Such preventive services, which may be coordinated with other programs for the aged and monitored by area agencies on aging in cooperation with the Department, may include, but are not limited to, any or all of the following:
        (a) home health services;
        (b) home nursing services;
        (c) homemaker services;
        (d) chore and housekeeping services;
        (e) adult day services;
        (f) home‑delivered meals;
        (g) education in self‑care;
        (h) personal care services;
        (i) adult day health services;
        (j) habilitation services;
        (k) respite care;
        (k‑5) community reintegration services;
        (l) other nonmedical social services that may enable
    
the person to become self‑supporting; or
        (m) clearinghouse for information provided by senior
    
citizen home owners who want to rent rooms to or share living space with other senior citizens.
    The Department shall establish eligibility standards for such services taking into consideration the unique economic and social needs of the target population for whom they are to be provided. Such eligibility standards shall be based on the recipient's ability to pay for services; provided, however, that in determining the amount and nature of services for which a person may qualify, consideration shall not be given to the value of cash, property or other assets held in the name of the person's spouse pursuant to a written agreement dividing marital property into equal but separate shares or pursuant to a transfer of the person's interest in a home to his spouse, provided that the spouse's share of the marital property is not made available to the person seeking such services.
    Beginning July 1, 2002, the Department shall require as a condition of eligibility that all financially eligible applicants and recipients apply for medical assistance under Article V of the Illinois Public Aid Code in accordance with rules promulgated by the Department.
    The Department shall, in conjunction with the Department of Public Aid (now Department of Healthcare and Family Services), seek appropriate amendments under Sections 1915 and 1924 of the Social Security Act. The purpose of the amendments shall be to extend eligibility for home and community based services under Sections 1915 and 1924 of the Social Security Act to persons who transfer to or for the benefit of a spouse those amounts of income and resources allowed under Section 1924 of the Social Security Act. Subject to the approval of such amendments, the Department shall extend the provisions of Section 5‑4 of the Illinois Public Aid Code to persons who, but for the provision of home or community‑based services, would require the level of care provided in an institution, as is provided for in federal law. Those persons no longer found to be eligible for receiving noninstitutional services due to changes in the eligibility criteria shall be given 60 days notice prior to actual termination. Those persons receiving notice of termination may contact the Department and request the determination be appealed at any time during the 60 day notice period. With the exception of the lengthened notice and time frame for the appeal request, the appeal process shall follow the normal procedure. In addition, each person affected regardless of the circumstances for discontinued eligibility shall be given notice and the opportunity to purchase the necessary services through the Community Care Program. If the individual does not elect to purchase services, the Department shall advise the individual of alternative services. The target population identified for the purposes of this Section are persons age 60 and older with an identified service need. Priority shall be given to those who are at imminent risk of institutionalization. The services shall be provided to eligible persons age 60 and older to the extent that the cost of the services together with the other personal maintenance expenses of the persons are reasonably related to the standards established for care in a group facility appropriate to the person's condition. These non‑institutional services, pilot projects or experimental facilities may be provided as part of or in addition to those authorized by federal law or those funded and administered by the Department of Human Services. The Departments of Human Services, Healthcare and Family Services, Public Health, Veterans' Affairs, and Commerce and Economic Opportunity and other appropriate agencies of State, federal and local governments shall cooperate with the Department on Aging in the establishment and development of the non‑institutional services. The Department shall require an annual audit from all chore/housekeeping and homemaker vendors contracting with the Department under this Section. The annual audit shall assure that each audited vendor's procedures are in compliance with Department's financial reporting guidelines requiring an administrative and employee wage and benefits cost split as defined in administrative rules. The audit is a public record under the Freedom of Information Act. The Department shall execute, relative to the nursing home prescreening project, written inter‑agency agreements with the Department of Human Services and the Department of Healthcare and Family Services, to effect the following: (1) intake procedures and common eligibility criteria for those persons who are receiving non‑institutional services; and (2) the establishment and development of non‑institutional services in areas of the State where they are not currently available or are undeveloped. On and after July 1, 1996, all nursing home prescreenings for individuals 60 years of age or older shall be conducted by the Department.
    As part of the Department on Aging's routine training of case managers and case manager supervisors, the Department may include information on family futures planning for persons who are age 60 or older and who are caregivers of their adult children with developmental disabilities. The content of the training shall be at the Department's discretion.
    The Department is authorized to establish a system of recipient copayment for services provided under this Section, such copayment to be based upon the recipient's ability to pay but in no case to exceed the actual cost of the services provided. Additionally, any portion of a person's income which is equal to or less than the federal poverty standard shall not be considered by the Department in determining the copayment. The level of such copayment shall be adjusted whenever necessary to reflect any change in the officially designated federal poverty standard.
    The Department, or the Department's authorized representative, shall recover the amount of moneys expended for services provided to or in behalf of a person under this Section by a claim against the person's estate or against the estate of the person's surviving spouse, but no recovery may be had until after the death of the surviving spouse, if any, and then only at such time when there is no surviving child who is under age 21, blind, or permanently and totally disabled. This paragraph, however, shall not bar recovery, at the death of the person, of moneys for services provided to the person or in behalf of the person under this Section to which the person was not entitled; provided that such recovery shall not be enforced against any real estate while it is occupied as a homestead by the surviving spouse or other dependent, if no claims by other creditors have been filed against the estate, or, if such claims have been filed, they remain dormant for failure of prosecution or failure of the claimant to compel administration of the estate for the purpose of payment. This paragraph shall not bar recovery from the estate of a spouse, under Sections 1915 and 1924 of the Social Security Act and Section 5‑4 of the Illinois Public Aid Code, who precedes a person receiving services under this Section in death. All moneys for services paid to or in behalf of the person under this Section shall be claimed for recovery from the deceased spouse's estate. "Homestead", as used in this paragraph, means the dwelling house and contiguous real estate occupied by a surviving spouse or relative, as defined by the rules and regulations of the Department of Healthcare and Family Services, regardless of the value of the property.
    The Department shall develop procedures to enhance availability of services on evenings, weekends, and on an emergency basis to meet the respite needs of caregivers. Procedures shall be developed to permit the utilization of services in successive blocks of 24 hours up to the monthly maximum established by the Department. Workers providing these services shall be appropriately trained.
    Beginning on the effective date of this Amendatory Act of 1991, no person may perform chore/housekeeping and homemaker services under a program authorized by this Section unless that person has been issued a certificate of pre‑service to do so by his or her employing agency. Information gathered to effect such certification shall include (i) the person's name, (ii) the date the person was hired by his or her current employer, and (iii) the training, including dates and levels. Persons engaged in the program authorized by this Section before the effective date of this amendatory Act of 1991 shall be issued a certificate of all pre‑ and in‑service training from his or her employer upon submitting the necessary information. The employing agency shall be required to retain records of all staff pre‑ and in‑service training, and shall provide such records to the Department upon request and upon termination of the employer's contract with the Department. In addition, the employing agency is responsible for the issuance of certifications of in‑service training completed to their employees.
    The Department is required to develop a system to ensure that persons working as homemakers and chore housekeepers receive increases in their wages when the federal minimum wage is increased by requiring vendors to certify that they are meeting the federal minimum wage statute for homemakers and chore housekeepers. An employer that cannot ensure that the minimum wage increase is being given to homemakers and chore housekeepers shall be denied any increase in reimbursement costs.
    The Community Care Program Advisory Committee is created in the Department on Aging. The Director shall appoint individuals to serve in the Committee, who shall serve at their own expense. Members of the Committee must abide by all applicable ethics laws. The Committee shall advise the Department on issues related to the Department's program of services to prevent unnecessary institutionalization. The Committee shall meet on a bi‑monthly basis and shall serve to identify and advise the Department on present and potential issues affecting the service delivery network, the program's clients, and the Department and to recommend solution strategies. Persons appointed to the Committee shall be appointed on, but not limited to, their own and their agency's experience with the program, geographic representation, and willingness to serve. The Committee shall include, but not be limited to, representatives from the following agencies and organizations:
        (a) at least 4 adult day service representatives;
        (b) at least 4 case coordination unit representatives;
        (c) at least 4 representatives from in‑home direct
    
care service agencies;
        (d) at least 2 representatives of statewide trade or
    
labor unions that represent in‑home direct care service staff;
        (e) at least 2 representatives of Area Agencies on
    
Aging;
        (f) at least 2 non‑provider representatives from a
    
policy, advocacy, research, or other service organization;
        (g) at least 2 representatives from a statewide
    
membership organization for senior citizens; and
        (h) at least 2 citizen members 60 years of age or
    
older.
    Nominations may be presented from any agency or State
    
association with interest in the program. The Director, or his or her designee, shall serve as the permanent co‑chair of the advisory committee. One other co‑chair shall be nominated and approved by the members of the committee on an annual basis. Committee members' terms of appointment shall be for 4 years with one‑quarter of the appointees' terms expiring each year. At no time may a member serve more than one consecutive term in any capacity on the committee. The Department shall fill vacancies that have a remaining term of over one year, and this replacement shall occur through the annual replacement of expiring terms. The Director shall designate Department staff to provide technical assistance and staff support to the committee. Department representation shall not constitute membership of the committee. All Committee papers, issues, recommendations, reports, and meeting memoranda are advisory only. The Director, or his or her designee, shall make a written report, as requested by the Committee, regarding issues before the Committee.
    The Department on Aging and the Department of Human Services shall cooperate in the development and submission of an annual report on programs and services provided under this Section. Such joint report shall be filed with the Governor and the General Assembly on or before September 30 each year.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
    Those persons previously found eligible for receiving non‑institutional services whose services were discontinued under the Emergency Budget Act of Fiscal Year 1992, and who do not meet the eligibility standards in effect on or after July 1, 1992, shall remain ineligible on and after July 1, 1992. Those persons previously not required to cost‑share and who were required to cost‑share effective March 1, 1992, shall continue to meet cost‑share requirements on and after July 1, 1992. Beginning July 1, 1992, all clients will be required to meet eligibility, cost‑share, and other requirements and will have services discontinued or altered when they fail to meet these requirements.
(Source: P.A. 93‑85, eff. 1‑1‑04; 93‑902, eff. 8‑10‑04; 94‑48, eff. 7‑1‑05; 94‑269, eff. 7‑19‑05; 94‑336, eff. 7‑26‑05; 94‑954, eff. 6‑27‑06.)

    (20 ILCS 105/4.02a) (from Ch. 23, par. 6104.02a)
    Sec. 4.02a. (Repealed).
(Source: P.A. 92‑84, eff. 7‑1‑02. Repealed internally, eff. 7‑1‑02.)

    (20 ILCS 105/4.02b) (from Ch. 23, par. 6104.02b)
    Sec. 4.02b. (Repealed).
(Source: P.A. 89‑530, eff. 7‑19‑96. Repealed by P.A. 93‑775, eff. 1‑1‑05.)

    (20 ILCS 105/4.02c)
    Sec. 4.02c. Comprehensive Care in Residential Settings Demonstration Project.
    (a) The Department may establish and fund a demonstration program of bundled services designed to support the specialized needs of clients currently residing in projects that were formerly designated as Community Based Residential Facilities. Participating projects must hold a valid license, which remains unsuspended, unrevoked, and unexpired, under the provisions of the Assisted Living and Shared Housing Act.
    (b) The demonstration program must include, at a minimum:
        (1) 3 meals per day;
        (2) routine housekeeping services;
        (3) 24‑hour‑a‑day security;
        (4) an emergency response system;
        (5) personal laundry and linen service;
        (6) assistance with activities of daily living;
        (7) medication management; and
        (8) money management.
    Optional services, such as transportation and social
    
activities, may be provided.
    (c) Reimbursement for the program shall be based on the
    
client's level of need and functional impairment, as determined by the Department. Clients must meet all eligibility requirements established by rule. The Department may establish a capitated reimbursement mechanism based on the client's level of need and functional impairment. Reimbursement for program must be made to the Department‑contracted provider delivering the services.
    (d) The Department shall adopt rules and provide
    
oversight for the project, with assistance and advice provided by the Assisted Living and Shared Housing Advisory Board and Assisted Living and Shared Housing Quality of Life Committee.
    The project may be funded through the Department
    
appropriations that may include Medicaid waiver funds.
    (e) Before January 1, 2008, the Department, in
    
consultation with the Assisted Living and Shared Housing Advisory Board, must report to the General Assembly on the results of the demonstration project. The report must include, without limitation, any recommendations for changes or improvements, including changes or improvements in the administration of the program and an evaluation.
(Source: P.A. 93‑775, eff. 1‑1‑05.)

    (20 ILCS 105/4.02e)
    Sec. 4.02e. Adult day service program certification. For the purpose of long term care insurance payouts to clients of the Department's program of services to prevent unnecessary institutionalization established in Section 4.02 of this Act, a contract with the Department for the procurement of adult day services or adult day health services shall constitute certification by the Department of the adult day services. For the purposes of this Act, "adult day services" and "adult day center" means the direct care and supervision of adults aged 60 and over in a community‑based setting for the purpose of providing personal attention and promoting social, physical, and emotional well‑being in a structured setting. For the purposes of this Act, "adult day health services" means the direct care and supervision of adults aged 60 and over in a community‑based setting for the purpose of providing ancillary health services, as defined by administrative rule, thereby promoting social, physical, and emotional well‑being in a structured setting.
(Source: P.A. 94‑421, eff. 8‑2‑05; 94‑954, eff. 6‑27‑06.)

    (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
    Sec. 4.03. The Department on Aging, in cooperation with the Department of Human Services and any other appropriate State, local or federal agency, shall, without regard to income guidelines, establish a nursing home prescreening program to determine whether Alzheimer's Disease and related disorders victims, and persons who are deemed as blind or disabled as defined by the Social Security Act and who are in need of long term care, may be satisfactorily cared for in their homes through the use of home and community based services. Case coordination units under contract with the Department may charge a fee for the prescreening provided under this Section and the fee shall be no greater than the cost of such services to the case coordination unit.
(Source: P.A. 89‑21, eff. 7‑1‑95; 89‑507, eff. 7‑1‑97.)

    (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
    Sec. 4.04. Long Term Care Ombudsman Program.
    (a) Long Term Care Ombudsman Program. The Department shall establish a Long Term Care Ombudsman Program, through the Office of State Long Term Care Ombudsman ("the Office"), in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended.
    (b) Definitions. As used in this Section, unless the context requires otherwise:
        (1) "Access" has the same meaning as in Section
    
1‑104 of the Nursing Home Care Act, as now or hereafter amended; that is, it means the right to:
            (i) Enter any long term care facility or
        
assisted living or shared housing establishment or supportive living facility;
            (ii) Communicate privately and without
        
restriction with any resident who consents to the communication;
            (iii) Seek consent to communicate privately and
        
without restriction with any resident;
            (iv) Inspect the clinical and other records of a
        
resident with the express written consent of the resident;
            (v) Observe all areas of the long term care
        
facility or supportive living facilities, assisted living or shared housing establishment except the living area of any resident who protests the observation.
        (2) "Long Term Care Facility" means (i) any facility
    
as defined by Section 1‑113 of the Nursing Home Care Act, as now or hereafter amended; and (ii) any skilled nursing facility or a nursing facility which meets the requirements of Section 1819(a), (b), (c), and (d) or Section 1919(a), (b), (c), and (d) of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i‑3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and (d)).
        (2.5) "Assisted living establishment" and "shared
    
housing establishment" have the meanings given those terms in Section 10 of the Assisted Living and Shared Housing Act.
        (2.7) "Supportive living facility" means a facility
    
established under Section 5‑5.01a of the Illinois Public Aid Code.
        (3) "State Long Term Care Ombudsman" means any
    
person employed by the Department to fulfill the requirements of the Office of State Long Term Care Ombudsman as required under the Older Americans Act of 1965, as now or hereafter amended, and Departmental policy.
        (3.1) "Ombudsman" means any designated
    
representative of a regional long term care ombudsman program; provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and designated by the Office to perform the duties of an ombudsman as specified by the Department in rules and in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended.
    (c) Ombudsman; rules. The Office of State Long Term Care Ombudsman shall be composed of at least one full‑time ombudsman and shall include a system of designated regional long term care ombudsman programs. Each regional program shall be designated by the State Long Term Care Ombudsman as a subdivision of the Office and any representative of a regional program shall be treated as a representative of the Office.
    The Department, in consultation with the Office, shall promulgate administrative rules in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended, to establish the responsibilities of the Department and the Office of State Long Term Care Ombudsman and the designated regional Ombudsman programs. The administrative rules shall include the responsibility of the Office and designated regional programs to investigate and resolve complaints made by or on behalf of residents of long term care facilities, supportive living facilities, and assisted living and shared housing establishments relating to actions, inaction, or decisions of providers, or their representatives, of long term care facilities, of supported living facilities, of assisted living and shared housing establishments, of public agencies, or of social services agencies, which may adversely affect the health, safety, welfare, or rights of such residents. When necessary and appropriate, representatives of the Office shall refer complaints to the appropriate regulatory State agency. The Department, in consultation with the Office, shall cooperate with the Department of Human Services in providing information and training to designated regional long term care ombudsman programs about the appropriate assessment and treatment (including information about appropriate supportive services, treatment options, and assessment of rehabilitation potential) of persons with mental illness (other than Alzheimer's disease and related disorders).
    The State Long Term Care Ombudsman and all other ombudsmen, as defined in paragraph (3.1) of subsection (b) must submit to background checks under the Health Care Worker Background Check Act and receive training, as prescribed by the Illinois Department on Aging, before visiting facilities. The training must include information specific to assisted living establishments, supportive living facilities, and shared housing establishments and to the rights of residents guaranteed under the corresponding Acts and administrative rules.
    (d) Access and visitation rights.
        (1) In accordance with subparagraphs (A) and (E) of
    
paragraph (3) of subsection (c) of Section 1819 and subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1919 of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i‑3 (c)(3)(A) and (E) and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the Older Americans Act of 1965, as now or hereafter amended (42 U.S.C. 3058f), a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must:
            (i) permit immediate access to any resident by a
        
designated ombudsman; and
            (ii) permit representatives of the Office, with
        
the permission of the resident's legal representative or legal guardian, to examine a resident's clinical and other records, and if a resident is unable to consent to such review, and has no legal guardian, permit representatives of the Office appropriate access, as defined by the Department, in consultation with the Office, in administrative rules, to the resident's records.
        (2) Each long term care facility, supportive living
    
facility, assisted living establishment, and shared housing establishment shall display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and phone number of the Office of the Long Term Care Ombudsman, in a manner prescribed by the Office.
    (e) Immunity. An ombudsman or any representative of the Office participating in the good faith performance of his or her official duties shall have immunity from any liability (civil, criminal or otherwise) in any proceedings (civil, criminal or otherwise) brought as a consequence of the performance of his official duties.
    (f) Business offenses.
        (1) No person shall:
            (i) Intentionally prevent, interfere with, or
        
attempt to impede in any way any representative of the Office in the performance of his official duties under this Act and the Older Americans Act of 1965; or
            (ii) Intentionally retaliate, discriminate
        
against, or effect reprisals against any long term care facility resident or employee for contacting or providing information to any representative of the Office.
        (2) A violation of this Section is a business
    
offense, punishable by a fine not to exceed $501.
        (3) The Director of Aging, in consultation with the
    
Office, shall notify the State's Attorney of the county in which the long term care facility, supportive living facility, or assisted living or shared housing establishment is located, or the Attorney General, of any violations of this Section.
    (g) Confidentiality of records and identities. The Department shall establish procedures for the disclosure by the State Ombudsman or the regional ombudsmen entities of files maintained by the program. The procedures shall provide that the files and records may be disclosed only at the discretion of the State Long Term Care Ombudsman or the person designated by the State Ombudsman to disclose the files and records, and the procedures shall prohibit the disclosure of the identity of any complainant, resident, witness, or employee of a long term care provider unless:
        (1) the complainant, resident, witness, or employee
    
of a long term care provider or his or her legal representative consents to the disclosure and the consent is in writing;
        (2) the complainant, resident, witness, or employee
    
of a long term care provider gives consent orally; and the consent is documented contemporaneously in writing in accordance with such requirements as the Department shall establish; or
        (3) the disclosure is required by court order.
    (h) Legal representation. The Attorney General shall provide legal representation to any representative of the Office against whom suit or other legal action is brought in connection with the performance of the representative's official duties, in accordance with the State Employee Indemnification Act.
    (i) Treatment by prayer and spiritual means. Nothing in this Act shall be construed to authorize or require the medical supervision, regulation or control of remedial care or treatment of any resident in a long term care facility operated exclusively by and for members or adherents of any church or religious denomination the tenets and practices of which include reliance solely upon spiritual means through prayer for healing.
(Source: P.A. 93‑241, eff. 7‑22‑03; 93‑878, eff. 1‑1‑05.)

    (20 ILCS 105/4.04a)
    Sec. 4.04a. Illinois Long‑Term Care Council.
    (a) Purpose. The purpose of this Section is to ensure that consumers over the age of 60 residing in facilities licensed or regulated under the Nursing Home Care Act, Skilled Nursing and Intermediate Care Facilities Code, Sheltered Care Facilities Code, and the Illinois Veterans' Homes Code receive high quality long‑term care through an effective Illinois Long‑Term Care Council.
    (b) Maintenance and operation of the Illinois Long‑Term Care Council.
        (1) The Department shall develop a fair and
    
impartial process for recruiting and receiving nominations for members for the Illinois Long‑Term Care Council from the State Long‑Term Care Ombudsman, the area agencies on aging, regional ombudsman programs, provider agencies, and other public agencies, using a nomination form provided by the Department.
        (2) The Department shall appoint members to the
    
Illinois Long‑Term Care Council in a timely manner.
        (3) The Department shall consider and act in good
    
faith regarding the Illinois Long‑Term Care Council's annual report and its recommendations.
        (4) The Director shall appoint to the Illinois
    
Long‑Term Care Council at least 18 but not more than 25 members.
    (c) Responsibilities of the State Long‑Term Care Ombudsman, area agencies on aging, regional long‑term care ombudsman programs, and provider agencies. The State Long‑Term Care Ombudsman and each area agency on aging, regional long‑term care ombudsman program, and provider agency shall solicit names and recommend members to the Department for appointment to the Illinois Long‑Term Care Council.
    (d) Powers and duties. The Illinois Long‑Term Care Council shall do the following:
        (1) Make recommendations and comment on issues
    
pertaining to long‑term care and the State Long‑Term Care Ombudsman Program to the Department.
        (2) Advise the Department on matters pertaining to
    
the quality of life and quality of care in the continuum of long‑term care.
        (3) Evaluate, comment on reports regarding, and make
    
recommendations on, the quality of life and quality of care in long‑term care facilities and on the duties and responsibilities of the State Long‑Term Care Ombudsman Program.
        (4) Prepare and circulate an annual report to the
    
Governor, the General Assembly, and other interested parties concerning the duties and accomplishments of the Illinois Long‑Term Care Council and all other related matters pertaining to long‑term care and the protection of residents' rights.
        (5) Provide an opportunity for public input at each
    
scheduled meeting.
        (6) Make recommendations to the Director, upon his
    
or her request, as to individuals who are capable of serving as the State Long‑Term Care Ombudsman and who should make appropriate application for that position should it become vacant.
    (e) Composition and operation. The Illinois Long‑Term Care Council shall be composed of at least 18 but not more than 25 members concerned about the quality of life in long‑term care facilities and protecting the rights of residents, including members from long‑term care facilities. The State Long‑Term Care Ombudsman shall be a permanent member of the Long‑Term Care Council. Members shall be appointed for a 4‑year term with initial appointments staggered with 2‑year, 3‑year, and 4‑year terms. A lottery will determine the terms of office for the members of the first term. Members may be reappointed to a term but no member may be reappointed to more than 2 consecutive terms. The Illinois Long‑Term Care Council shall meet a minimum of 3 times per calendar year.
    (f) Member requirements. All members shall be individuals who have demonstrated concern about the quality of life in long‑term care facilities. A minimum of 3 members must be current or former residents of long‑term care facilities or the family member of a current or former resident of a long‑term care facility. A minimum of 2 members shall represent current or former long‑term care facility resident councils or family councils. A minimum of 4 members shall be selected from recommendations by organizations whose members consist of long‑term care facilities. A representative of long‑term care facility employees must also be included as a member. A minimum of 2 members shall be selected from recommendations of membership‑based senior advocacy groups or consumer organizations that engage solely in legal representation on behalf of residents and immediate families. There shall be non‑voting State agency members on the Long‑Term Care Council from the following agencies: (i) the Department of Veterans' Affairs; (ii) the Department of Human Services; (iii) the Department of Public Health; (iv) the Department on Aging; (v) the Department of Public Aid; (vi) the Illinois State Police Medicaid Fraud Control Unit; and (vii) others as appropriate.
(Source: P.A. 93‑498, eff. 8‑11‑03.)

    (20 ILCS 105/4.05) (from Ch. 23, par. 6104.05)
    Sec. 4.05. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (20 ILCS 105/4.06)
    Sec. 4.06. Minority Senior Citizen Program. The Department shall develop a program to identify the special needs and problems of minority senior citizens and evaluate the adequacy and accessibility of existing programs and information for minority senior citizens. The Department shall coordinate services for minority senior citizens through the Department of Public Health, the Department of Public Aid, and the Department of Human Services.
    The Department shall develop procedures to enhance and identify availability of services and shall promulgate administrative rules to establish the responsibilities of the Department.
    The Department on Aging, the Department of Public Health, the Department of Public Aid, and the Department of Human Services shall cooperate in the development and submission of an annual report on programs and services provided under this Section. The joint report shall be filed with the Governor and the General Assembly on or before September 30 of each year.
(Source: P.A. 88‑254; 89‑507, eff. 7‑1‑97.)

    (20 ILCS 105/4.07)
    Sec. 4.07. Home‑delivered meals. Every citizen of the State of Illinois who qualifies for home‑delivered meals under the federal Older Americans Act shall be provided services, subject to appropriation. The Department shall file a report with the General Assembly and the Illinois Council on Aging by January 1 of each year. The report shall include, but not be limited to, the following information: (i) estimates, by county, of citizens denied service due to insufficient funds during the preceding fiscal year and the potential impact on service delivery of any additional funds appropriated for the current fiscal year; (ii) geographic areas and special populations unserved and underserved in the preceding fiscal year; (iii) estimates of additional funds needed to permit the full funding of the program and the statewide provision of services in the next fiscal year, including staffing and equipment needed to prepare and deliver meals; (iv) recommendations for increasing the amount of federal funding captured for the program; (v) recommendations for serving unserved and underserved areas and special populations, to include rural areas, dietetic meals, weekend meals, and 2 or more meals per day; and (vi) any other information needed to assist the General Assembly and the Illinois Council on Aging in developing a plan to address unserved and underserved areas of the State.
(Source: P.A. 93‑484, eff. 1‑1‑04.)

    (20 ILCS 105/4.10)
    Sec. 4.10. Senior benefits advocacy program. The Department shall develop and implement a senior benefits advocacy program statewide through area agencies. Using paid employees supported by volunteers, the program shall offer individual assistance to senior citizens in completing the paperwork and overcoming the red tape and procedural obstacles hampering full participation in public benefits programs. Assistance may include but need not be limited to transportation services, representation of individuals in benefits procedures, advocacy on behalf of senior citizens in relation to benefits programs, education of senior citizens on benefits programs, education of the public on the benefits interests of senior citizens, and involvement in addressing the systemic problems of benefits programs for senior citizens.
    The Department shall distribute funds under this Section in accordance with the formula provided in Title 89, chapter 2, part 230.45 of the Illinois Administrative Code.
(Source: P.A. 89‑590, eff. 1‑1‑97.)

    (20 ILCS 105/4.11)
    Sec. 4.11. AIDS awareness. The Department must develop health programs and materials targeted to persons 50 years of age and more concerning the dangers of HIV and AIDS and sexually transmitted diseases.
(Source: P.A. 91‑106, eff. 1‑1‑00.)

    (20 ILCS 105/4.12)
    (Text of Section from P.A. 93‑902)
    Sec. 4.12. Assistance to nursing home residents.
    (a) The Department on Aging shall assist eligible nursing home residents and their families to select long‑term care options that meet their needs and reflect their preferences. At any time during the process, the resident or his or her representative may decline further assistance.
    (b) To provide assistance, the Department shall develop a program of transition services with follow‑up in selected areas of the State, to be expanded statewide as funding becomes available. The program shall be developed in consultation with nursing homes, case managers, Area Agencies on Aging, and others interested in the well‑being of frail elderly Illinois residents. The Department shall establish administrative rules pursuant to the Illinois Administrative Procedure Act with respect to resident eligibility, assessment of the resident's health, cognitive, social, and financial needs, development of comprehensive service transition plans, and the level of services that must be available prior to transition of a resident into the community.
(Source: P.A. 93‑902, eff. 8‑10‑04.)
 
    (Text of Section from P.A. 93‑1031)
    Sec. 4.12. Older Adult Services Act. The Department shall implement the Older Adult Services Act.
(Source: P.A. 93‑1031, eff. 8‑27‑04.)

    (20 ILCS 105/5) (from Ch. 23, par. 6105)
    Sec. 5. The provisions of Sections 5‑625, 5‑630, 5‑635, 5‑640, 5‑645, 5‑650, and 5‑655 of the Departments of State Government Law (20 ILCS 5/5‑625, 5/5‑630, 5/5‑635, 5/5‑640, 5/5‑645, 5/5‑650, and 5/5‑655), relating to regulations for the conduct of a department, central and branch offices, office hours, a seal, the obtaining and compensation of employees, the annual reports, and cooperation between departments, apply to the Department created by this Act.
(Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 105/5.01) (from Ch. 23, par. 6105.01)
    Sec. 5.01.
    The status of personnel to be transferred from the Department of Public Aid to the Department on Aging, whether under the "Personnel Code" or under any other law relating to State employees, is not affected by this transfer.
(Source: P. A. 78‑242.)

    (20 ILCS 105/5.02) (from Ch. 23, par. 6105.02)
    Sec. 5.02. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that Section 5‑35 of the Illinois Administrative Procedure Act relating to procedures for rule‑making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.
(Source: P.A. 88‑45.)

    (20 ILCS 105/6) (from Ch. 23, par. 6106)
    Sec. 6.
    The Director of the Department shall be a senior citizen who has sufficient experience in providing services to the aging. The Director shall be appointed by the Governor with the advice and consent of the Senate. In making such appointment, the Governor shall consider names submitted by the Council.
(Source: P. A. 78‑242.)

    (20 ILCS 105/6.01) (from Ch. 23, par. 6106.01)
    Sec. 6.01.
    The Director shall serve for a term of 2 years from the third Monday in January of each odd numbered year and until his successor is appointed and qualified, except that the Director first appointed after the effective date of this Act shall serve until the third Monday of January, 1975.
(Source: P.A. 78‑242.)

    (20 ILCS 105/6.02) (from Ch. 23, par. 6106.02)
    Sec. 6.02.
    The salary of the Director shall be $30,000 per annum.
(Source: P. A. 78‑242.)

    (20 ILCS 105/6.03) (from Ch. 23, par. 6106.03)
    Sec. 6.03.
    Before entering upon the duties of the office, the Director shall take and subscribe the constitutional oath of office, which shall be filed in the Office of the Secretary of State.
(Source: P. A. 78‑242.)

    (20 ILCS 105/6.04) (from Ch. 23, par. 6106.04)
    Sec. 6.04.
    Before entering upon the discharge of the duties of the office, the Director shall give bond, with security to be approved by the Governor, in such penal sum as shall be fixed by the Governor, not less than $10,000, conditioned for the faithful performance of his duties, which bond shall be filed in the office of the Secretary of State.
(Source: P. A. 78‑242.)

    (20 ILCS 105/6.05) (from Ch. 23, par. 6106.05)
    Sec. 6.05.
    The Director may create and establish offices, divisions, and administrative units as necessary for the efficient administration and operation of the Department and may assign functions, powers and duties to the several offices, divisions and administrative units in the Department.
(Source: P. A. 78‑242.)

    (20 ILCS 105/6.06) (from Ch. 23, par. 6106.06)
    Sec. 6.06.
    The Director shall meet regularly with the Council to advise the Council on all matters relating to the policy and administration of programs and services to the aging provided by the Department.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7) (from Ch. 23, par. 6107)
    Sec. 7.
    There is created the Council on Aging.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
    Sec. 7.01.
    The Council shall consist of 31 voting members, including: two Senators appointed by the President of the Senate; two Senators appointed by the Senate Minority Leader; two Representatives appointed by the Speaker of the House of Representatives; two Representatives appointed by the House Minority Leader; and twenty three citizen members, at least sixteen of whom shall be senior citizens.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7.02) (from Ch. 23, par. 6107.02)
    Sec. 7.02. Coordinating Committee as members of Council. The members of the Coordinating Committee of State Agencies Serving Older Persons created in Section 8 of this Act shall be ex‑officio non‑voting members of the Council.
(Source: P.A. 89‑249, eff. 8‑4‑95.)

    (20 ILCS 105/7.03) (from Ch. 23, par. 6107.03)
    Sec. 7.03.
    The twenty three citizen members of the Council shall be appointed by the Governor, and shall represent, so far as possible, different geographical sections of the State. Not more than twelve of such appointments by the Governor shall be of the same political party.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7.04) (from Ch. 23, par. 6107.04)
    Sec. 7.04. The Representative and Senate members of the Council shall serve on the Council for a term of 2 years and may be reappointed by the legislative leader having the right of appointment under Section 7.01 for one or more additional 2 year terms, except that a legislative member's appointment shall be terminated upon his or her leaving the General Assembly. Legislative vacancies shall be filled by the legislative leader having the right of appointment under Section 7.01. A legislative member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
(Source: P.A. 83‑369.)

    (20 ILCS 105/7.05) (from Ch. 23, par. 6107.05)
    Sec. 7.05. Citizen members. Of the citizen members first appointed, as designated by the Governor at the time of each appointment, seven citizen members shall serve on the Council for a term of one year, seven citizen members shall serve for a term of two years, and nine citizen members shall serve for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of the initial terms set forth herein, subsequent terms shall be for a period of three years. Members shall be eligible for reappointment. This amendatory Act of 1985 shall not apply to members of the Council holding office on the effective date of this amendatory Act of 1985.
(Source: P.A. 90‑615, eff. 1‑1‑99.)

    (20 ILCS 105/7.06) (from Ch. 23, par. 6107.06)
    Sec. 7.06.
    The Council shall provide for its organization and procedure including the selection of a Chairman and such other officers as deemed necessary.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7.07) (from Ch. 23, par. 6107.07)
    Sec. 7.07. The members of the Council shall receive no compensation for their services on the Council but shall be reimbursed by the Department for any ordinary and necessary expenses incurred in the performance of their duties.
(Source: P.A. 83‑227.)

    (20 ILCS 105/7.08) (from Ch. 23, par. 6107.08)
    Sec. 7.08.
    The Council shall meet at least once each quarter, or as often as the Chairman of the Council deems necessary, or upon the written request of ten of the voting members of the Council.
(Source: P. A. 78‑242.)

    (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
    Sec. 7.09. The Council shall have the following powers and duties:
    (1) review and comment upon reports of the Department to the Governor and the General Assembly;
    (2) prepare and submit to the Governor, the General Assembly and the Director an annual report evaluating the level and quality of all programs, services and facilities provided to the aging by State agencies;
    (3) review and comment upon the comprehensive state plan prepared by the Department;
    (4) review and comment upon disbursements by the Department of public funds to private agencies;
    (5) recommend candidates to the Governor for appointment as Director of the Department;
    (6) consult with the Director regarding the operations of the Department.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84‑1438.)

    (20 ILCS 105/8) (from Ch. 23, par. 6108)
    Sec. 8. Creation of Coordinating Committee of State Agencies Serving Older Persons. There is created the Coordinating Committee of State Agencies Serving Older Persons.
(Source: P.A. 89‑249, eff. 8‑4‑95.)

    (20 ILCS 105/8.01)(from Ch. 23, par. 6108.01)
    Sec. 8.01. Coordinating Committee; members. The Coordinating Committee of State Agencies Serving Older Persons shall consist of the Director of the Department on Aging or his or her designee as Chairman, the State Superintendent of Education or his or her designee, the Secretary of Human Services or his or her designee, the Secretary of Transportation or his or her designee, and the Directors, or the designee or designees of any or all of the Directors, of the following Departments or agencies: Labor; Veterans' Affairs; Public Health; Public Aid; Children and Family Services; Commerce and Economic Opportunity; Insurance; Revenue; Illinois Housing Development Authority; and Comprehensive State Health Planning.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

    (20 ILCS 105/8.02) (from Ch. 23, par. 6108.02)
    Sec. 8.02. Coordinating Committee; meetings. The Coordinating Committee of State Agencies Serving Older Persons shall meet as often as the Chairman of the Committee deems necessary.
(Source: P.A. 89‑249, eff. 8‑4‑95.)

    (20 ILCS 105/8.03) (from Ch. 23, par. 6108.03)
    Sec. 8.03. Coordinating Committee; liaison. The Coordinating Committee of State Agencies Serving Older Persons shall serve as liaison between the several State agencies and departments to facilitate planning and the effective delivery of all programs and services for the aging.
(Source: P.A. 89‑249, eff. 8‑4‑95.)

    (20 ILCS 105/8.04) (from Ch. 23, par. 6108.04)
    Sec. 8.04. (Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 91‑798, eff. 7‑9‑00.)

    (20 ILCS 105/8.05) (from Ch. 23, par. 6108.05)
    Sec. 8.05. Alzheimer's disease grants.
    (a) As used in this Section, unless the context requires otherwise:
        (1) "Participant" means an individual with
    
Alzheimer's disease or a disease of a related type, particularly in the moderate to severe stage, whose care, needs and behavioral problems make it difficult for the individual to participate in existing care programs. The individual may be 60 years of age or older on the presumption that he or she is a prospective recipient of service under this Act.
        (2) "Disease of a related type" means any of those
    
irreversible brain disorders which result in the symptoms described in paragraph (4). This includes but is not limited to multi‑infarct dementia and Parkinson's disease.
        (3) "Grantee" means any public or private nonprofit
    
agency selected by the Department to develop a care program for participants under this Section.
        (4) "Care needs" or "behavioral problems" means the
    
manifestations of symptoms which may include but are not limited to memory loss, aphasia (communication disorder), becoming lost or disoriented, confusion and agitation with the potential for combativeness and incontinence.
    (b) In an effort to address the needs of persons suffering from Alzheimer's disease or a disease of a related type, the Department shall encourage the development of adult day care for these persons through administration of specialized Alzheimer's Day Care Resource Centers. These projects shall be designed to identify and meet the unique needs of the affected population, including the use of special evaluation standards and techniques that take into consideration both the physical and cognitive abilities of individual applicants or recipients.
    The Department shall establish at least one urban and one rural specialized Alzheimer's Day Care Resource Center. Each center shall be designed so as to meet the unique needs and protect the safety of each participant. Each center shall be staffed by persons specially trained to work with participants. Each center shall operate in concert with regional ADA Centers.
    The Department shall contract with a public or private nonprofit agency or with professional persons in the fields of health or social services with expertise in Alzheimer's disease, a disease of a related type, or a related dementia to develop a training module that includes information on the symptoms and progress of the diseases and to develop appropriate techniques for dealing with the psychosocial, health, and physical needs of participants.
    The training module shall be developed for specialized Alzheimer's Day Care Resource Centers and shall be available to other community based providers who serve this client population. The training module shall be owned and may be distributed by the Department.
    Grants shall be awarded at current rates as set by the Department on Aging under Section 240.1910 of Title 89 of the Illinois Administrative Code, with at least one urban and one rural program for the specialized Alzheimer's Day Care Resource Centers. The Department shall adopt policies, priorities and guidelines to carry out the purposes of this Section.
    (c) A prospective grantee shall apply in a manner prescribed by the Department and shall:
        (1) Identify the special care needs and behavioral
    
problems of participants and design its program to meet those needs.
        (2) Demonstrate that its program has adequate and
    
appropriate staffing to meet the nursing, psychosocial and recreational needs of participants.
        (3) Provide an outline of the design of its physical
    
facilities and the safeguards which shall be used to protect the participants.
        (4) Submit a plan for assisting individuals who
    
cannot afford the entire cost of the program. This may include eligibility policies, standards and criteria that are unique to the needs and requirements of the population being served under this Act, notwithstanding the provisions of Section 4.02 and related rules and regulations. This may also include but need not be limited to additional funding sources to provide supplemental aid and allowing family members to participate as volunteers at the facility.
        (5) Submit a plan for using volunteers and volunteer
    
aids and provide an outline for adequate training of those volunteers.
        (6) Identify potential sources of funding for its
    
facility and outline plans to seek additional funding to remain solvent. This may include private donations and foundation grants, Medicare reimbursement for specific services and the use of adult education and public health services.
        (7) Establish family support groups.
        (8) Encourage family members to provide
    
transportation to and from the facility for participants.
        (9) Concentrate on participants in the moderate to
    
severe range of disability.
        (10) Provide a noon meal to participants. The meal
    
may be provided by an organization providing meals to the elderly or needy.
        (11) Establish contact with local educational
    
programs such as nursing and gerontology programs to provide onsite training to students.
        (12) Provide services to assist family members,
    
including counseling and referral to other resources.
        (13) Serve as a model available to service providers
    
for onsite training in the care of participants.
    (d) The Department shall annually report to the General Assembly before December 1 on the pilot project grants. The report shall include but not be limited to the following:
        (1) A description of the progress made in
    
implementing the programs.
        (2) The number of grantees who have established
    
programs under this Section.
        (3) The number and characteristics of participants
    
served by the programs, including but not limited to age, sex, diagnosis, reason for admission, functional impairment, referral source, living situation, and payment source.
        (4) An evaluation of the usefulness of the programs
    
in delaying the placement of the participants in institutions, providing respite to families who care for participants in the home and providing a setting for onsite training in the care of participants.
        (5) A description of findings on the appropriate
    
level and type of care required to meet the nursing and psychosocial needs of the participants and appropriate environmental conditions and treatment methods.
(Source: P.A. 87‑316; 87‑895.)

    (20 ILCS 105/8.06) (from Ch. 23, par. 6108.06)
    Sec. 8.06. The Department shall develop and implement a plan for the increased incorporation of local and community senior citizen centers into the functions and responsibilities of area agencies on aging and for the increased input of local and community senior citizen centers into the Department's policy making process.
(Source: P.A. 86‑730.)

    (20 ILCS 105/8.07)
    Sec. 8.07. Emergency home response system. Upon initial determination or any redetermination for eligibility for community care program services provided by the Department on Aging, the Department shall make a determination of need as to whether the applicant or recipient of services is in need of an emergency home response system.
(Source: P.A. 91‑550, eff. 1‑1‑00.)

    (20 ILCS 105/9) (from Ch. 23, par. 6109)
    Sec. 9.
    If any provisions of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are severable.
(Source: P. A. 78‑242.)

    (20 ILCS 105/11) (from Ch. 23, par. 6111)
    Sec. 11. This Act takes effect 3 months after becoming a law.
(Source: P.A. 78‑242.)

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