093_HB1484ham001 LRB093 07728 BDD 13936 a 1 AMENDMENT TO HOUSE BILL 1484 2 AMENDMENT NO. . Amend House Bill 1484 on page 1, by 3 replacing line 11 with the following: "in accordance with the 4 provisions of the"; and 5 on page 2, line 22, after "Act" by inserting "of 1965, as now 6 or hereafter amended, and Departmental policy"; and 7 on page 2, by replacing lines 29 and 30 with the following: 8 "by the Department in rules and in accordance with the 9 provisions of the Older Americans Act of 1965, as now or 10 hereafter amended."; and 11 on page 3, line 3, by deleting "designated"; and 12 on page 3, by replacing lines 6 through 8 with the following: 13 "The Department, in consultation with the Office, shall 14 promulgate administrative rules in accordance with the 15 provisions of the Older Americans Act of 1965, as now or 16 hereafter amended, to"; and 17 on page 3, by replacing line 24 with the following: 18 "regulatory State agency. The Department, in consultation 19 with the Office, shall"; and 20 on page 4, by replacing lines 18 through 20 with the 21 following: -2- LRB093 07728 BDD 13936 a 1 "Office appropriate access, as defined by the 2 Department, in consultation with the Office, in 3 administrative rules, to the resident's records."; and 4 on page 4, line 29, by changing "any designated" to "any"; 5 and 6 on page 5, line 4, by changing "any designated" to "any"; and 7 on page 5, line 11 by changing "any designated" to "any"; and 8 on page 5, by replacing lines 15 and 16 with the following: 9 "(3) The Director of Aging, in consultation with the 10 Office, shall notify the State's Attorney of the county 11 in"; and 12 on page 5, by replacing lines 21 through 33 with the 13 following: 14 "(g) Confidentiality of records and identities. The 15 Department shall establish procedures for the disclosure by 16 the State Ombudsman or the regional ombudsmen entities of 17 files maintained by the program. The procedures shall provide 18 that the files and records may be disclosed only at the 19 discretion of the State Long Term Care Ombudsman or the 20 person designated by the State Ombudsman to disclose the 21 files and records, and the procedures shall prohibit the 22 disclosure of the identity of any complainant, resident, 23 witness, or employee of a long term care provider unless: 24 (1) the complainant, resident, witness, or employee 25 of a long term care provider or his or her legal 26 representative consents to the disclosure and the consent 27 is in writing; 28 (2) the complainant, resident, witness, or employee 29 of a long term care provider gives consent orally; and 30 the consent is documented contemporaneously in a writing 31 in accordance with such requirements as the Department -3- LRB093 07728 BDD 13936 a 1 shall establish; or 2 (4) the disclosure is required by court order. 3No files or records maintained by the Office of State4Long Term Care Ombudsman shall be disclosed unless the State5Ombudsman or the ombudsman having the authority over the6disposition of such files authorizes the disclosure in7writing. The ombudsman shall not disclose the identity of any8complainant, resident, witness or employee of a long term9care provider involved in a complaint or report unless such10person or such person's guardian or legal representative11consents in writing to the disclosure, or the disclosure is12required by court order.13 on page 6, line 1, by changing "any designated" to "any".