(210 ILCS 175/15)

Sec. 15. Statewide policy; disaster declaration.

(a) The Department shall establish a statewide policy for visitation with a resident. The policy shall apply to all facilities and shall incorporate a resident's need for health, safety, and well-being, including, but not limited to, the essential support provided by a primary essential support person or secondary essential support person.

(b) If the Governor issues a proclamation under Section 7 of the Illinois Emergency Management Agency Act declaring that a disaster relating to a public health emergency exists, the Department shall, in accordance with applicable federal requirements and guidance, set forth requirements for access to a resident, provided that the requirements shall incorporate a resident's need for essential support provided by a primary essential support person or secondary essential support person. The requirements shall include, but need not be limited to, the circumstances, if any, under which a facility may restrict visitors, including, but not limited to, primary essential support persons and secondary essential support persons designated by a resident. The requirements shall address, at a minimum, the following:

(1) Arrangements for regular visitation by visitors and other residents through various means, including, but not limited to:

(A) outdoor visitation;

(B) the use of technologies to facilitate virtual visitation when all other forms of visitation are unavailable; and

(C) indoor visitation, including, but not limited to, indoor visitation 24 hours per day, 7 days per week when the resident is nearing the end of his or her life as determined by any one or more of the resident's attending health care professionals.

(2) The needs of a resident for physical, emotional, psychological, and socialization support based on the resident's person-centered care plan.

(3) Safety protocols for all visitors to a facility, including, but not limited to, primary essential support persons or secondary essential support persons, if the Governor issues a proclamation under Section 7 of the Illinois Emergency Management Agency Act declaring that a disaster relating to a public health emergency exists.

(4) Allow access to a resident by a primary essential support person or secondary essential support person despite general visitation restrictions, provided that the primary essential support person or secondary essential support person complies with safety protocols established by the Department.

(5) If a resident has not designated a primary essential support person, a requirement that facility staff work with the resident or the resident's representative, a family member of the resident, or a Long Term Care Ombudsman to identify a primary essential support person and provide him or her access to the resident.

(Source: P.A. 103-261, eff. 6-30-23.)