093_HB1240eng HB1240 Engrossed LRB093 06469 MKM 06592 b 1 AN ACT in relation to health care. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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 23 form provided by the Department. 24 (2) The Department shall appoint members to the 25 Illinois Long-Term Care Council in a timely manner. 26 (3) The Department shall consider and act in good 27 faith regarding the Illinois Long-Term Care Council's 28 annual report and its recommendations. 29 (4) The Director shall appoint to the Illinois 30 Long-Term Care Council at least 18 but not more than 25 31 members. HB1240 Engrossed -2- LRB093 06469 MKM 06592 b 1 (c) Responsibilities of the State Long-Term Care 2 Ombudsman, area agencies on aging, regional long-term care 3 ombudsman programs, and provider agencies. The State 4 Long-Term Care Ombudsman and each area agency on aging, 5 regional long-term care ombudsman program, and provider 6 agency shall solicit names and recommend members to the 7 Department for appointment to the Illinois Long-Term Care 8 Council. 9 (d) Powers and duties. The Illinois Long-Term Care 10 Council shall do the following: 11 (1) Make recommendations and comment on issues 12 pertaining to long-term care and the State Long-Term Care 13 Ombudsman Program to the Department. 14 (2) Advise the Department on matters pertaining to 15 the quality of life and quality of care in the continuum 16 of long-term care. 17 (3) Evaluate, comment on reports regarding, and 18 make recommendations on, the quality of life and quality 19 of care in long-term care facilities and on the duties 20 and responsibilities of the State Long-Term Care 21 Ombudsman Program. 22 (4) Prepare and circulate an annual report to the 23 Governor, the General Assembly, and other interested 24 parties concerning the duties and accomplishments of the 25 Illinois Long-Term Care Council and all other related 26 matters pertaining to long-term care and the protection 27 of residents' rights. 28 (5) Provide an opportunity for public input at each 29 scheduled meeting. 30 (6) Make recommendations to the Director, upon his 31 or her request, as to individuals who are capable of 32 serving as the State Long-Term Care Ombudsman and who 33 should make appropriate application for that position 34 should it become vacant. HB1240 Engrossed -3- LRB093 06469 MKM 06592 b 1 (e) Composition and operation. The Illinois Long-Term 2 Care Council shall be composed of at least 18 but not more 3 than 25 members concerned about the quality of life in 4 long-term care facilities and protecting the rights of 5 residents, including members from long-term care facilities. 6 The State Long-Term Care Ombudsman shall be a permanent 7 member of the Long-Term Care Council. Members shall be 8 appointed for a 4-year term with initial appointments 9 staggered with 2-year, 3-year, and 4-year terms. A lottery 10 will determine the terms of office for the members of the 11 first term. Members may be reappointed to a term but no 12 member may be reappointed to more than 2 consecutive terms. 13 The Illinois Long-Term Care Council shall meet a minimum of 3 14 times per calendar year. 15 (f) Member requirements. All members shall be 16 individuals who have demonstrated concern about the quality 17 of life in long-term care facilities. A minimum of 3 members 18 must be current or former residents of long-term care 19 facilities or the family member of a current or former 20 resident of a long-term care facility. A minimum of 2 members 21 shall represent current or former long term care facility 22 resident councils or family councils. A minimum of 4 members 23 shall be selected from recommendations by organizations whose 24 members consist of long term care facilities. A 25 representative of long-term care facility employees must also 26 be included as a member. A minimum of 2 members shall be 27 selected from recommendations of membership-based senior 28 advocacy groups or consumer organizations that engage solely 29 in legal representation on behalf of residents and immediate 30 families. There shall be non-voting State agency members on 31 the Long-Term Care Council from the following agencies: (i) 32 the Department of Veterans Affairs; (ii) the Department of 33 Human Services; (iii) the Department of Public Health; (iv) 34 the Department on Aging; (v) the Department of Public Aid; HB1240 Engrossed -4- LRB093 06469 MKM 06592 b 1 (vi) the Illinois State Police Medicaid Fraud Control Unit; 2 and (vii) others as appropriate. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.