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    AN ACT concerning State government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Act on the Aging is amended  by 
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changing Section 4.04 as follows:
 



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    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)



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    Sec. 4.04. Long Term Care Ombudsman Program. 

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    (a) Long Term Care Ombudsman Program. The Department shall

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establish a Long Term Care Ombudsman Program, through the 
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Office of State
Long Term Care Ombudsman ("the Office"), in 
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accordance with the provisions of
the Older Americans Act of 
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1965, as now or hereafter amended.

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    (b) Definitions. As used in this Section, unless the 
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context requires
otherwise:


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        (1) "Access" has the same meaning as in Section 1-104 
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    of the Nursing
Home Care Act, as now or hereafter amended; 
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    that is, it means the right to:


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            (i) Enter any long term care facility or assisted 
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        living or shared
housing establishment or supportive 
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        living facility;


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            (ii) Communicate privately and without restriction 
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        with any resident, regardless of age,
who consents to 
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        the communication;


 


 






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            (iii) Seek consent to communicate privately and 
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        without restriction
with any resident, regardless of 
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        age;


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            (iv) Inspect the clinical and other records of a 
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        resident, regardless of age, with the
express written 
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        consent of the resident;


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            (v) Observe all areas of the long term care 
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        facility or supportive
living facilities, assisted 
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        living or shared housing establishment except the

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        living area of any resident who protests the 
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        observation.


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        (2) "Long Term Care Facility" means (i) any facility as 
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    defined by Section
1-113 of the Nursing Home Care Act, as 
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    now or hereafter amended; and (ii) any
skilled nursing 
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    facility or a nursing facility which meets the
requirements 
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    of Section 1819(a), (b), (c), and (d) or Section 1919(a), 
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    (b),
(c), and (d) of the Social Security Act, as now or 
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    hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) 
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    and 42 U.S.C. 1396r(a), (b), (c), and
(d)).


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        (2.5) "Assisted living establishment" and "shared 
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    housing establishment"
have the meanings given those terms 
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    in Section 10 of the Assisted Living and
Shared Housing 
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    Act.


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        (2.7) "Supportive living facility" means a facility 
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    established under
Section 5-5.01a of the Illinois Public 
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    Aid Code.


 


 






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        (3) "State Long Term Care Ombudsman" means any person 
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    employed by the
Department to fulfill
the requirements of 
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    the Office of State Long Term Care Ombudsman as
required 
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    under the Older Americans Act of 1965, as now or hereafter 
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    amended,
and Departmental policy.


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        (3.1) "Ombudsman" means any designated representative 
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    of a regional long
term care ombudsman program; provided 
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    that the representative, whether he is
paid for or 
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    volunteers his ombudsman services, shall be qualified and

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    designated by the Office to perform the duties of an 
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    ombudsman as specified by
the Department in rules and in 
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    accordance with the provisions of
the Older Americans Act 
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    of 1965, as now or hereafter amended.

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    (c) Ombudsman; rules. The Office of State Long Term Care 
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Ombudsman shall
be composed of at least one full-time ombudsman 
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and shall include a system of
designated regional long term 
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care ombudsman programs. Each regional program
shall be 
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designated by the State Long Term Care Ombudsman as a 
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subdivision of
the Office and any representative of a regional 
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program shall be treated as a
representative of the Office.

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    The Department, in consultation with the Office, shall 
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promulgate
administrative rules in accordance with the 
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provisions of the Older Americans
Act of 1965, as now or 
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hereafter amended, to establish the responsibilities of
the 
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Department and the Office of State Long Term Care Ombudsman and 
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the
designated regional Ombudsman programs. The administrative 
 


 






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rules shall include
the responsibility of the Office and 
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designated regional programs to
investigate and resolve 
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complaints made by or on behalf of residents of long
term care 
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facilities, supportive living facilities, and assisted living 
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and
shared housing establishments, including the option to 
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serve residents under the age of 60, relating to actions, 
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inaction, or
decisions of providers, or their representatives, 
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of long term care
facilities, of supported living facilities, 
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of assisted living and shared
housing establishments, of public 
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agencies, or of social services agencies,
which may adversely 
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affect the health, safety, welfare, or rights of such

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residents. The Office and designated regional programs may 
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represent all residents, but are not required by this Act to 
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represent persons under 60 years of age, except to the extent 
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required by federal law.
When necessary and appropriate, 
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representatives of the Office shall refer
complaints to the 
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appropriate regulatory State agency.
The Department, in 
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consultation with the Office, shall cooperate with the

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Department of Human Services and other State agencies in 
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providing information and training to
designated regional long 
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term care ombudsman programs about the appropriate
assessment 
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and treatment (including information about appropriate 
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supportive
services, treatment options, and assessment of 
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rehabilitation potential) of the residents they serve, 
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including children,
persons with mental illness (other than 
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Alzheimer's disease and related
disorders), and persons with 
 


 






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developmental disabilities.
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    The State Long Term Care Ombudsman and all other ombudsmen, 
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as defined in paragraph (3.1) of subsection (b)  must submit to 
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background checks under the Health Care Worker Background Check 
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Act and receive training, as prescribed by the Illinois 
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Department on Aging, before visiting facilities.  The training 
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must include information specific to assisted living 
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establishments, supportive living facilities, and shared 
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housing establishments and to the rights of residents 
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guaranteed under the corresponding Acts and administrative 
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rules.


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    (d) Access and visitation rights.


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        (1) In accordance with subparagraphs (A) and (E) of 
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    paragraph (3) of
subsection (c) of Section 1819
and 
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    subparagraphs (A) and (E) of paragraph (3) of subsection 
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    (c) of Section
1919 of the Social Security Act, as now or 
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    hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 
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    42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the 
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    Older Americans Act of 1965, as now or hereafter
amended 
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    (42 U.S.C. 3058f), a long term care facility, supportive 
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    living
facility, assisted living
establishment, and shared 
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    housing establishment must:


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            (i) permit immediate access to any resident, 
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        regardless of age, by a designated
ombudsman; and


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            (ii) permit representatives of the Office, with 
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        the permission of the
resident's legal representative 
 


 






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        or legal guardian, to examine a resident's
clinical and 
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        other records, regardless of the age of the resident, 
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        and if a resident is unable to consent to such
review, 
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        and has no legal guardian, permit representatives of 
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        the Office
appropriate access, as defined by the 
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        Department, in consultation with the
Office, in 
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        administrative rules, to the resident's records.


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        (2) Each long term care facility, supportive living 
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    facility, assisted
living establishment, and
shared 
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    housing establishment shall display, in multiple, 
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    conspicuous
public places within the facility accessible 
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    to both visitors and residents and
in an easily readable 
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    format, the address and phone number of the Office of the

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    Long Term Care Ombudsman, in a manner prescribed by the 
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    Office.

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    (e) Immunity. An ombudsman or any representative of the 
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Office participating
in the good faith performance of his or 
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her official duties
shall have immunity from any liability 
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(civil, criminal or otherwise) in
any proceedings (civil, 
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criminal or otherwise) brought as a consequence of
the 
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performance of his official duties.

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    (f) Business offenses.


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        (1) No person shall:


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            (i) Intentionally prevent, interfere with, or 
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        attempt to impede in any
way any representative of the 
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        Office in the performance of his
official
duties under 
 


 






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        this Act and the Older Americans Act of 1965; or


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            (ii) Intentionally retaliate, discriminate 
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        against, or effect reprisals
against any long term care 
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        facility resident or employee for contacting or

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        providing information to any representative of the 
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        Office.


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        (2) A violation of this Section is a business offense, 
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    punishable by a
fine not to exceed $501.


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        (3) The Director of Aging, in consultation with the 
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    Office, shall
notify the State's Attorney of the
county in 
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    which the long term care facility, supportive living 
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    facility, or
assisted living or shared housing 
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    establishment is located,
or the Attorney General, of any 
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    violations of this Section.

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    (g) Confidentiality of records and identities. The 
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Department shall
establish procedures for the disclosure by the 
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State Ombudsman or the regional
ombudsmen
entities of files 
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maintained by the program. The procedures shall provide that

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the files and records may be disclosed only at the discretion 
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of the State Long
Term Care
Ombudsman or the person designated 
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by the State Ombudsman to disclose the files
and records, and 
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the procedures shall prohibit the disclosure of the identity
of 
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any complainant, resident, witness, or employee of a long term 
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care provider
unless:


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        (1) the complainant, resident, witness, or employee of 
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    a long term care
provider or his or her legal 
 


 






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    representative consents to the disclosure and the
consent 
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    is in writing;


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        (2) the complainant, resident, witness, or employee of 
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    a long term care
provider gives consent orally; and the 
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    consent is documented contemporaneously
in writing in

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    accordance with such requirements as the Department shall 
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    establish; or


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        (3) the disclosure is required by court order.

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    (h) Legal representation. The Attorney General shall

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provide legal representation to any representative of the 
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Office
against
whom suit or other legal action is brought in 
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connection with the
performance of the representative's 
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official duties, in accordance with the
State Employee 
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Indemnification Act.

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    (i) Treatment by prayer and spiritual means. Nothing in 
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this Act shall
be construed to authorize or require the medical 
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supervision, regulation
or control of remedial care or 
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treatment of any resident in a long term
care facility operated 
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exclusively by and for members or adherents of any
church or 
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religious denomination the tenets and practices of which 
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include
reliance solely upon spiritual means through prayer for 
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healing.

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(Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.