Public Act 094-0429
 
SB1220 Enrolled LRB094 09548 DRJ 39799 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Assisted Living and Shared Housing Act is
amended by changing Section 76 as follows:
 
    (210 ILCS 9/76)
    Sec. 76. Vaccinations.
    (a) Before a prospective resident's admission to an
assisted living establishment or shared housing establishment
that does not provide medication administration as an optional
service, the establishment shall advise the prospective
resident to consult a physician to determine whether the
prospective resident should obtain a vaccination against
pneumococcal pneumonia or influenza, or both.
    (b) An assisted living establishment or shared housing
establishment that provides medication administration as an
optional service shall annually administer or arrange for
administration of a vaccination against influenza to each
resident, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine.
Influenza vaccinations for all residents age 65 or over shall
be completed by November 30 of each year or as soon as
practicable if vaccine supplies are not available before
November 1. Residents admitted after November 30, during the
flu season, and until February 1 shall, as medically
appropriate, receive an influenza vaccination prior to or upon
admission or as soon as practicable if vaccine supplies are not
available at the time of the admission, unless the vaccine is
medically contraindicated or the resident has refused the
vaccine. In the event that the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than
those stated in this Section are optimal to protect the health
of residents, the Department is authorized to adopt rules to
require vaccinations at those times rather than the times
stated in this Section. An establishment shall document in the
resident's medication record that an annual vaccination
against influenza was administered, arranged, refused, or
medically contraindicated.
    An assisted living establishment or shared housing
establishment that provides medication administration as an
optional service shall administer or arrange for
administration of a pneumococcal vaccination to each resident
who is age 65 or over, in accordance with the recommendations
of the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention, who has not
received this immunization prior to or upon admission to the
establishment, unless the resident refuses the offer for
vaccination or the vaccination is medically contraindicated.
An establishment shall document in each resident's medication
record that a vaccination against pneumococcal pneumonia was
offered and administered, arranged, refused, or medically
contraindicated.
(Source: P.A. 92-562, eff. 6-24-02; 93-1003, eff. 8-23-04.)
 
    Section 3. The Nursing Home Care Act is amended by changing
Section 2-213 as follows:
 
    (210 ILCS 45/2-213)
    Sec. 2-213. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of a vaccination against influenza to each
resident, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine.
Influenza vaccinations for all residents age 65 and over shall
be completed by November 30 of each year or as soon as
practicable if vaccine supplies are not available before
November 1. Residents admitted after November 30, during the
flu season, and until February 1 shall, as medically
appropriate, receive an influenza vaccination prior to or upon
admission or as soon as practicable if vaccine supplies are not
available at the time of the admission, unless the vaccine is
medically contraindicated or the resident has refused the
vaccine. In the event that the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than
those stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the resident's
medical record that an annual vaccination against influenza was
administered, arranged, refused or medically contraindicated.
    (b) A facility shall administer provide or arrange for
administration of a pneumococcal vaccination to each resident
who is age 65 and over, in accordance with the recommendations
of the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention, who has not
received this immunization prior to or upon admission to the
facility, unless the resident refuses the offer for vaccination
or the vaccination is medically contraindicated. A facility
shall document in each resident's medical record that a
vaccination against pneumococcal pneumonia was offered and
administered, arranged, refused, or medically contraindicated.
(Source: P.A. 93-384, eff. 7-25-03.)
 
    Section 5. The Home Health Agency Licensing Act is amended
by adding Section 6.5 as follows:
 
    (210 ILCS 55/6.5 new)
    Sec. 6.5. Vaccinations.
    (a) A home health agency shall annually administer or
arrange for administration of a vaccination against influenza
to each client, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the client has refused the vaccine.
Influenza vaccinations for all clients age 65 or over shall be
completed by November 30 of each year or as soon as practicable
if vaccine supplies are not available before November 1. Home
health clients whose services start after November 30, during
the flu season, and until February 1 shall, as medically
appropriate, receive an influenza vaccination prior to or upon
service initiation or as soon as practicable if vaccine
supplies are not available at the time of the service
initiation, unless the vaccine is medically contraindicated or
the client has refused the vaccine. If the Advisory Committee
on Immunization Practices of the Centers for Disease Control
and Prevention determines that dates of administration other
than those stated in this Section are optimal to protect the
health of clients, the Department may adopt rules to mandate
vaccinations at those times rather than the times stated in
this Section. A home health agency shall document in the
client's medical record that an annual vaccination against
influenza was administered, arranged, refused, or medically
contraindicated.
    (b) A home health agency shall administer or arrange for
administration of a pneumococcal vaccination, in accordance
with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention, to each client who is age 65 or over and who has
not received this immunization prior to or upon service
initiation, unless the client refuses the offer for vaccination
or the vaccination is medically contraindicated. A home health
agency shall document in each client's medical record that a
vaccination against pneumococcal pneumonia was offered and was
administered, arranged, refused, or medically contraindicated.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.