(a) Commission purpose. The Commission is created to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers. The Commission shall make recommendations to improve access to benefits, services, and supports for LGBTQ older adults and their caregivers. The Commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. Specifically, the Commission shall:
         (1) Examine the impact of State and local laws,
    
policies, and regulations on LGBTQ older adults and make recommendations to ensure equitable access, treatment, care and benefits, and overall quality of life.
        (2) Examine best practices for increasing access,
    
reducing isolation, preventing abuse and exploitation, promoting independence and self-determination, strengthening caregiving, eliminating disparities, and improving overall quality of life for LGBTQ older adults.
        (3) Examine the impact of race, ethnicity, sex
    
assigned at birth, socioeconomic status, disability, sexual orientation, gender identity, and other characteristics on access to services for LGBTQ older adults and make recommendations to ensure equitable access, treatment, care, and benefits and overall quality of life.
        (4) Examine the experiences and needs of LGBTQ older
    
adults living with HIV/AIDS and make recommendations to ensure equitable access, treatment, care, benefits, and overall quality of life.
        (5) Examine strategies to increase provider awareness
    
of the needs of LGBTQ older adults and their caregivers and to improve the competence of and access to treatment, services, and ongoing care, including preventive care.
        (6) Examine the feasibility of developing statewide
    
training curricula to improve provider competency in the delivery of culturally responsive health, housing, and long-term support services to LGBTQ older adults and their caregivers.
        (7) Assess the funding and programming needed to
    
enhance services to the growing population of LGBTQ older adults.
        (8) Examine whether certain policies and practices,
    
or the absence thereof, promote the premature admission of LGBTQ older adults to institutional care, and examine whether potential cost-savings exist for LGBTQ older adults as a result of providing lower cost and culturally responsive home and community-based alternatives to institutional care.
        (9) Examine outreach protocols to reduce apprehension
    
among LGBTQ older adults and caregivers of utilizing mainstream providers.
        (10) Evaluate the implementation status of Public Act
    
101-325.
        (11) Evaluate the implementation status of Public Act
    
102-543, examine statewide strategies for the collection of sexual orientation and gender identity data and the impact of these strategies on the provision of services to LGBTQ older adults, and conduct a statewide survey designed to approximate the number of LGBTQ older adults in the State and collect demographic information (if resources allow for the implementation of a survey instrument).
    (b) Commission members.
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Terms Used In Illinois Compiled Statutes 20 ILCS 105/8.10

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Quorum: The number of legislators that must be present to do business.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

         (1) The Commission shall include at least all of the
    
following persons who must be appointed by the Governor within 60 days after the effective date of this amendatory Act of the 102nd General Assembly:
            (A) one member from a statewide organization that
        
advocates for older adults;
            (B) one member from a national organization that
        
advocates for LGBTQ older adults;
            (C) one member from a community-based, multi-site
        
healthcare organization founded to serve LGBTQ people;
            (D) the director of senior services from a
        
community center serving LGBTQ people, or the director’s designee;
            (E) one member from an HIV/AIDS service
        
organization;
            (F) one member from an organization that is a
        
project incubator and think tank that is focused on action that leads to improved outcomes and opportunities for LGBTQ communities;
            (G) one member from a labor organization that
        
provides care and services for older adults in long-term care facilities;
            (H) one member from a statewide association
        
representing long-term care facilities;
            (I) 5 members from organizations that serve
        
Black, Asian-American, Pacific Islander, Indigenous, or Latinx LGBTQ people;
            (J) one member from a statewide organization for
        
people with disabilities; and
            (K) 10 LGBTQ older adults, including at least:
                 (i) 3 members who are transgender or
            
gender-expansive individuals;
                (ii) 2 members who are older adults living
            
with HIV;
                (iii) one member who is Two-Spirit;
                 (iv) one member who is an African-American or
            
Black individual;
                (v) one member who is a Latinx individual;
                 (vi) one member who is an Asian-American or
            
Pacific Islander individual; and
                (vii) one member who is an ethnically diverse
            
individual.
        (2) The following State agencies shall each designate
    
one representative to serve as an ex officio member of the Commission: the Department, the Department of Public Health, the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Veterans’ Affairs.
        (3) Appointing authorities shall ensure, to the
    
maximum extent practicable, that the Commission is diverse with respect to race, ethnicity, age, sexual orientation, gender identity, gender expression, and geography.
        (4) Members of the Commission shall serve until this
    
Section is repealed. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled by the appointing authority. Any vacancy occurring other than by the dissolution of the Commission shall be filled for the balance of the unexpired term. Members of the Commission shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties.
    (c) Commission organization. The Commission shall provide for its organization and procedure, including selection of the chairperson and vice-chairperson. A majority of the Commission shall constitute a quorum for the transaction of business. Administrative and other support for the Commission shall be provided by the Department. Any State agency under the jurisdiction of the Governor shall provide testimony and information as directed by the Commission.
     (d) Meetings and reports. The Commission shall:
         (1) Hold at least one public meeting per quarter.
    
Public meetings may be virtually conducted.
        (2) No later than March 30, 2023, submit a First
    
Report to the Illinois General Assembly that contains findings and recommendations, including any recommended legislation. The First Report shall be made available to the public on the Department’s publicly accessible website.
        (3) No later than March 30, 2025, submit a Second
    
Report in the same manner as the First Report, containing updates to the findings and recommendations contained in the First Report. The Second Report shall be made available to the public on the Department’s publicly accessible website.
    The Department and Commission may collaborate with an institution of higher education in Illinois to compile the First Report and Second Report.
     (e) This Section is repealed 3 years after the effective date of this amendatory Act of the 102nd General Assembly.
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