320 ILCS 10/2 — Illinois Code / Chapter 320 / Act 10 / Section 2
Section 2
Status: in_force

(320 ILCS 10/2) (from Ch. 23, par. 6202) Sec. 2. Definitions. As used in this Act: (1) "Respite care" means the provision of intermittent and temporary substitute care or supervision of frail adults or adults with disabilities on behalf of and in the absence of the primary care-giver, for the purpose of providing relief from the stress or responsibilities concomitant with providing constant care, so as to enable the care-giver to continue the provision of care in the home. Respite care should be available to sustain the care-giver throughout the period of care-giving, which can vary from several months to a number of years. Respite care can be provided in the home, in a day care setting during the day, overnight, in a substitute residential setting such as a long-term care facility required to be licensed under the Nursing Home Care Act or the Assisted Living and Shared Housing Act, or for more extended periods of time on a temporary basis. (1.5) "In-home respite care" means care provided by an appropriately trained paid worker providing short-term intermittent care, supervision, or companionship to the frail adult or adult with a disability in the home while relieving the care-giver, by permitting a short-term break from the care-giver's care-giving role. This support may contribute to the delay, reduction, and prevention of institutionalization by enabling the care-giver to continue in his or her care-giving role. In-home respite care should be flexible and available in a manner that is responsive to the needs of the care-giver. This may consist of evening respite care services that are available from 6:00 p.m. to 8:00 a.m. Monday through Friday and weekend respite care services from 6:00 p.m. Friday to 8:00 a.m. Monday. (2) "Care-giver" shall mean the family member or other natural person who normally provides the daily care or supervision of a frail adult or an adult with a disability. Such care-giver may, but need not, reside in the same household as the frail adult or adult with a disability. (3) (Blank). (4) (Blank). (5) (Blank). (6) "Department" shall mean the Department on Aging. (7) (Blank). (8) "Frail adult or adult with a disability" shall mean any person who is 60 years of age or older and who either (i) suffers from Alzheimer's disease or a related disorder or (ii) is unable to attend to his or her daily needs without the assistance or regular supervision of a care-giver due to mental or physical impairment and who is otherwise eligible for services on the basis of his or her level of impairment. (9) "Emergency respite care" means the immediate placement of a trained, in-home respite care worker in the home during an emergency or unplanned event, or during a temporary placement outside the home, to substitute for the care-giver. Emergency respite care may be provided on one or more occasions unless an extension is deemed necessary by the case coordination unit or by another agency designated by the Department and area agencies on aging to conduct needs assessments for respite care services. When there is an urgent need for emergency respite care, procedures to accommodate this need must be determined. An emergency is: (a) An unplanned event that results in the immediate and unavoidable absence of the