093_HB0771sam001 LRB093 05322 DRH 15659 a 1 AMENDMENT TO HOUSE BILL 771 2 AMENDMENT NO. . Amend House Bill 771 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Act on the Aging is amended by 5 adding Section 4.04a as follows: 6 (20 ILCS 105/4.04a new) 7 Sec. 4.04a. Illinois Long-Term Care Council. 8 (a) Purpose. The purpose of this Section is to ensure 9 that consumers over the age of 60 residing in facilities 10 licensed or regulated under the Nursing Home Care Act, 11 Skilled Nursing and Intermediate Care Facilities Code, 12 Sheltered Care Facilities Code, and the Illinois Veterans' 13 Homes Code receive high quality long-term care through an 14 effective Illinois Long-Term Care Council. 15 (b) Maintenance and operation of the Illinois Long-Term 16 Care Council. 17 (1) The Department shall develop a fair and 18 impartial process for recruiting and receiving 19 nominations for members for the Illinois Long-Term Care 20 Council from the State Long-Term Care Ombudsman, the area 21 agencies on aging, regional ombudsman programs, provider 22 agencies, and other public agencies, using a nomination -2- LRB093 05322 DRH 15659 a 1 form provided by the Department. 2 (2) The Department shall appoint members to the 3 Illinois Long-Term Care Council in a timely manner. 4 (3) The Department shall consider and act in good 5 faith regarding the Illinois Long-Term Care Council's 6 annual report and its recommendations. 7 (4) The Director shall appoint to the Illinois 8 Long-Term Care Council at least 18 but not more than 25 9 members. 10 (c) Responsibilities of the State Long-Term Care 11 Ombudsman, area agencies on aging, regional long-term care 12 ombudsman programs, and provider agencies. The State 13 Long-Term Care Ombudsman and each area agency on aging, 14 regional long-term care ombudsman program, and provider 15 agency shall solicit names and recommend members to the 16 Department for appointment to the Illinois Long-Term Care 17 Council. 18 (d) Powers and duties. The Illinois Long-Term Care 19 Council shall do the following: 20 (1) Make recommendations and comment on issues 21 pertaining to long-term care and the State Long-Term Care 22 Ombudsman Program to the Department. 23 (2) Advise the Department on matters pertaining to 24 the quality of life and quality of care in the continuum 25 of long-term care. 26 (3) Evaluate, comment on reports regarding, and 27 make recommendations on, the quality of life and quality 28 of care in long-term care facilities and on the duties 29 and responsibilities of the State Long-Term Care 30 Ombudsman Program. 31 (4) Prepare and circulate an annual report to the 32 Governor, the General Assembly, and other interested 33 parties concerning the duties and accomplishments of the 34 Illinois Long-Term Care Council and all other related -3- LRB093 05322 DRH 15659 a 1 matters pertaining to long-term care and the protection 2 of residents' rights. 3 (5) Provide an opportunity for public input at each 4 scheduled meeting. 5 (6) Make recommendations to the Director, upon his 6 or her request, as to individuals who are capable of 7 serving as the State Long-Term Care Ombudsman and who 8 should make appropriate application for that position 9 should it become vacant. 10 (e) Composition and operation. The Illinois Long-Term 11 Care Council shall be composed of at least 18 but not more 12 than 25 members concerned about the quality of life in 13 long-term care facilities and protecting the rights of 14 residents, including members from long-term care facilities. 15 The State Long-Term Care Ombudsman shall be a permanent 16 member of the Long-Term Care Council. Members shall be 17 appointed for a 4-year term with initial appointments 18 staggered with 2-year, 3-year, and 4-year terms. A lottery 19 will determine the terms of office for the members of the 20 first term. Members may be reappointed to a term but no 21 member may be reappointed to more than 2 consecutive terms. 22 The Illinois Long-Term Care Council shall meet a minimum of 3 23 times per calendar year. 24 (f) Member requirements. All members shall be 25 individuals who have demonstrated concern about the quality 26 of life in long-term care facilities. A minimum of 3 members 27 must be current or former residents of long-term care 28 facilities or the family member of a current or former 29 resident of a long-term care facility. A minimum of 2 members 30 shall represent current or former long term care facility 31 resident councils or family councils. A minimum of 4 members 32 shall be selected from recommendations by organizations whose 33 members consist of long term care facilities. A 34 representative of long-term care facility employees must also -4- LRB093 05322 DRH 15659 a 1 be included as a member. A minimum of 2 members shall be 2 selected from recommendations of membership-based senior 3 advocacy groups or consumer organizations that engage solely 4 in legal representation on behalf of residents and immediate 5 families. There shall be non-voting State agency members on 6 the Long-Term Care Council from the following agencies: (i) 7 the Department of Veterans Affairs; (ii) the Department of 8 Human Services; (iii) the Department of Public Health; (iv) 9 the Department on Aging; (v) the Department of Public Aid; 10 (vi) the Illinois State Police Medicaid Fraud Control Unit; 11 and (vii) others as appropriate. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.".