093_SB1067ham001
LRB093 08215 BDD 15325 a
1 AMENDMENT TO SENATE BILL 1067
2 AMENDMENT NO. . Amend Senate Bill 1067 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. 404a. 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 Veteran's
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
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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
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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
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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.".