Public Act 098-0935
 
HB5852 EnrolledLRB098 17070 DRJ 52155 b

    AN ACT concerning aging.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Disabled Persons Rehabilitation Act is
amended by adding Section 17.1 as follows:
 
    (20 ILCS 2405/17.1 new)
    Sec. 17.1. Home Care Consumer Bill of Rights.
    (a) Definitions. As used in this Section:
    "Home care consumer" or "consumer" means a person aged 60
or older or a person with disabilities aged 18 through 59 who
receives services in his or her home or community to promote
independence and reduce the necessity for residence in a
long-term care facility. These services may include the
following:
        (1) Home care services provided under this Act, the
    Medicare program under Title XVIII of the Social Security
    Act, the Medicaid program under Title XIX of the Social
    Security Act, or any other program funded by public or
    private moneys.
        (2) Home care services determined to be appropriate by
    the Department.
    "Home Care Consumer Bill of Rights" means, at a minimum,
the rights set forth in subsections (b) through (g) and, in
addition, any other rights established under subsection (h).
    "Home care services" or "services" means home and
community-based services to promote independence and reduce
the necessity for residence in a long-term care facility,
including personal care services designed to assist an
individual in the activities of daily living such as bathing,
exercising, personal grooming, and getting in and out of bed.
    (b) Home care consumer's right to basic safety.
        (1) A home care consumer has the right to be protected
    from physical, sexual, mental, and verbal abuse, neglect,
    and exploitation, including financial exploitation.
        (2) A home care consumer has the right to be served by
    providers who are properly trained and are providing home
    care services within their scope of practice and the scope
    of their certification or licensure by the State.
        (3) A provider of home care services shall maintain the
    confidentiality of all personal, financial, and medical
    information of the home care consumers to whom it provides
    services.
        (4) A provider of home care services shall respect the
    personal property of the home care consumers to whom it
    provides services. If a consumer reports a theft or loss of
    personal property, the provider shall investigate and
    shall report back to the consumer the results of the
    investigation.
    (c) Home care consumer's right to information.
        (1) A home care consumer has the right to be informed
    of the following by a provider of home care services within
    2 weeks after starting to receive home care services:
            (A) His or her rights under this Section.
            (B) The entities the home care consumer may contact
        if his or her rights are violated, including the name
        and contact information for the Department of Human
        Services and the Department on Aging and other State
        and local agencies responsible for enforcing the Home
        Care Consumer Bill of Rights.
        (2) A home care consumer has the right to:
            (A) be informed of (i) the cost of home care
        services prior to receiving those services, (ii)
        whether the cost of those services is covered under
        health insurance, long-term care insurance, or other
        private or public programs, and (iii) any charges the
        consumer will be expected to pay; and
            (B) be given advance notice of any changes to those
        costs or services.
        (3) A home care consumer has the right to access
    information about the availability of the home care
    services provided in his or her community and has the right
    to choose among home care services and providers of home
    care services available in that community.
    (d) Home care consumer's right to choice, participation,
and self-determination.
        (1) A home care consumer has the right to participate
    in the planning of his or her home care services, including
    making choices about aspects of his or her care and
    services that are important to him or her, choosing
    providers and schedules to the extent practicable,
    receiving reasonable accommodation of his or her needs and
    preferences, and involving anyone he or she chooses to
    participate with him or her in that planning.
        (2) A home care consumer has the right to be provided
    with sufficient information to make informed decisions, to
    be fully informed in advance about any proposed changes in
    care and services, and to be involved in the
    decision-making process regarding those changes.
        (3) A home care consumer may refuse services and has
    the right to receive an explanation of the consequences of
    doing so.
    (e) Home care consumer's right to dignity and
individuality. A home care consumer has the right to receive
care and services provided in a way that promotes his or her
dignity and individuality.
    (f) Home care consumer's right to redress grievances.
        (1) A home care consumer has the right to express
    grievances about the quality of his or her home care
    services, the number of hours of service, and any
    violations of his or her rights under this Section. A home
    care consumer has the right to receive prompt responses to
    those concerns and to be informed about the entities the
    consumer may contact to state those grievances in order to
    have the grievances addressed in an appropriate and timely
    manner and without retaliation.
        (2) A home care consumer has the right to assert his or
    her rights under this Section without retaliation.
    (g) Home care consumer's right to fiduciary assistance. A
home care consumer has the right to a fiduciary's assistance in
securing the consumer's rights under this Section.
    (h) Other rights. The Home Care Consumer Bill of Rights may
include any other rights determined to be appropriate by the
Department.
    (i) The Department of Human Services and the Department on
Aging shall develop a plan for enforcing the Home Care Consumer
Bill of Rights. In developing the plan, the Departments shall
establish and take into account best practices for enforcement
of those rights. The Departments shall make those best
practices available to the public through their official web
sites. The plan shall include a description of how entities
with a role in protecting older adults aged 60 or older and
persons with disabilities aged 18 through 59, such as home care
services licensing agencies, adult protective services
agencies, the Office of State Long Term Care Ombudsman, local
law enforcement agencies, and other entities determined to be
appropriate by the Departments, will coordinate activities to
enforce the Home Care Consumer Bill of Rights.
 
    Section 10. The Older Adult Services Act is amended by
adding Section 40 as follows:
 
    (320 ILCS 42/40 new)
    Sec. 40. Home Care Consumer Bill of Rights.
    (a) Definitions. As used in this Section:
    "Home care consumer" or "consumer" means a person aged 60
or older or a person with disabilities aged 18 through 59 who
receives services in his or her home or community to promote
independence and reduce the necessity for residence in a
long-term care facility. These services may include the
following:
        (1) Home care services provided under this Act, the
    Medicare program under Title XVIII of the Social Security
    Act, the Medicaid program under Title XIX of the Social
    Security Act, or any other program funded by public or
    private moneys.
        (2) Home care services determined to be appropriate by
    the Department.
    "Home Care Consumer Bill of Rights" means, at a minimum,
the rights set forth in subsections (b) through (g) and, in
addition, any other rights established under subsection (h).
    "Home care services" or "services" means home and
community-based services to promote independence and reduce
the necessity for residence in a long-term care facility,
including personal care services designed to assist an
individual in the activities of daily living such as bathing,
exercising, personal grooming, and getting in and out of bed.
    (b) Home care consumer's right to basic safety.
        (1) A home care consumer has the right to be protected
    from physical, sexual, mental, and verbal abuse, neglect,
    and exploitation, including financial exploitation.
        (2) A home care consumer has the right to be served by
    providers who are properly trained and are providing home
    care services within their scope of practice and the scope
    of their certification or licensure by the State.
        (3) A provider of home care services shall maintain the
    confidentiality of all personal, financial, and medical
    information of the home care consumers to whom it provides
    services.
        (4) A provider of home care services shall respect the
    personal property of the home care consumers to whom it
    provides services. If a consumer reports a theft or loss of
    personal property, the provider shall investigate and
    shall report back to the consumer the results of the
    investigation.
    (c) Home care consumer's right to information.
        (1) A home care consumer has the right to be informed
    of the following by a provider of home care services within
    2 weeks after starting to receive home care services:
            (A) His or her rights under this Section.
            (B) The entities the home care consumer may contact
        if his or her rights are violated, including the name
        and contact information for the Department on Aging and
        the Department of Human Services and other State and
        local agencies responsible for enforcing the Home Care
        Consumer Bill of Rights.
        (2) A home care consumer has the right to:
            (A) be informed of (i) the cost of home care
        services prior to receiving those services, (ii)
        whether the cost of those services is covered under
        health insurance, long-term care insurance, or other
        private or public programs, and (iii) any charges the
        consumer will be expected to pay; and
            (B) be given advance notice of any changes to those
        costs or services.
        (3) A home care consumer has the right to access
    information about the availability of the home care
    services provided in his or her community and has the right
    to choose among home care services and providers of home
    care services available in that community.
    (d) Home care consumer's right to choice, participation,
and self-determination.
        (1) A home care consumer has the right to participate
    in the planning of his or her home care services, including
    making choices about aspects of his or her care and
    services that are important to him or her, choosing
    providers and schedules to the extent practicable,
    receiving reasonable accommodation of his or her needs and
    preferences, and involving anyone he or she chooses to
    participate with him or her in that planning.
        (2) A home care consumer has the right to be provided
    with sufficient information to make informed decisions, to
    be fully informed in advance about any proposed changes in
    care and services, and to be involved in the
    decision-making process regarding those changes.
        (3) A home care consumer may refuse services and has
    the right to receive an explanation of the consequences of
    doing so.
    (e) Home care consumer's right to dignity and
individuality. A home care consumer has the right to receive
care and services provided in a way that promotes his or her
dignity and individuality.
    (f) Home care consumer's right to redress grievances.
        (1) A home care consumer has the right to express
    grievances about the quality of his or her home care
    services, the number of hours of service, and any
    violations of his or her rights under this Section. A home
    care consumer has the right to receive prompt responses to
    those concerns and to be informed about the entities the
    consumer may contact to state those grievances in order to
    have the grievances addressed in an appropriate and timely
    manner and without retaliation.
        (2) A home care consumer has the right to assert his or
    her rights under this Section without retaliation.
    (g) Home care consumer's right to fiduciary assistance. A
home care consumer has the right to a fiduciary's assistance in
securing the consumer's rights under this Section.
    (h) Other rights. The Home Care Consumer Bill of Rights may
include any other rights determined to be appropriate by the
Department.
    (i) The Department on Aging and the Department of Human
Services shall develop a plan for enforcing the Home Care
Consumer Bill of Rights. In developing the plan, the
Departments shall establish and take into account best
practices for enforcement of those rights. The Departments
shall make those best practices available to the public through
their official web sites. The plan shall include a description
of how entities with a role in protecting older adults aged 60
or older and persons with disabilities aged 18 through 59, such
as home care services licensing agencies, adult protective
services agencies, the Office of State Long Term Care
Ombudsman, local law enforcement agencies, and other entities
determined to be appropriate by the Departments, will
coordinate activities to enforce the Home Care Consumer Bill of
Rights.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.