Rep. Kevin Joyce
Filed: 4/17/2007
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1 | AMENDMENT TO HOUSE BILL 3508
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2 | AMENDMENT NO. ______. Amend House Bill 3508 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Sections 4.03 and 4.04 as follows:
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6 | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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7 | Sec. 4.03. The Department on Aging, in cooperation with the | ||||||
8 | Department of
Human Services and any other appropriate State, | ||||||
9 | local or
federal agency, shall, without regard to income | ||||||
10 | guidelines, establish a
nursing home prescreening program to | ||||||
11 | determine whether Alzheimer's Disease
and related disorders | ||||||
12 | victims, and persons who are deemed as blind or
disabled as | ||||||
13 | defined by the Social Security Act and who are in need of long
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14 | term care, may be satisfactorily cared for in their homes | ||||||
15 | through the use
of home and community based services. Case | ||||||
16 | coordination units under
contract with the Department may |
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1 | charge a fee for the prescreening provided
under this Section | ||||||
2 | and the fee shall be no greater than the cost of such
services | ||||||
3 | to the case coordination unit. At the time of each | ||||||
4 | prescreening, case coordination units shall provide | ||||||
5 | information regarding the Office of State Long Term Care | ||||||
6 | Ombudsman's Residents Right to Know database as authorized in | ||||||
7 | subsection (c-5) of Section 4.04.
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8 | (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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9 | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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10 | Sec. 4.04. Long Term Care Ombudsman Program.
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11 | (a) Long Term Care Ombudsman Program. The Department shall
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12 | establish a Long Term Care Ombudsman Program, through the | ||||||
13 | Office of State
Long Term Care Ombudsman ("the Office"), in | ||||||
14 | accordance with the provisions of
the Older Americans Act of | ||||||
15 | 1965, as now or hereafter amended.
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16 | (b) Definitions. As used in this Section, unless the | ||||||
17 | context requires
otherwise:
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18 | (1) "Access" has the same meaning as in Section 1-104 | ||||||
19 | of the Nursing
Home Care Act, as now or hereafter amended; | ||||||
20 | that is, it means the right to:
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21 | (i) Enter any long term care facility or assisted | ||||||
22 | living or shared
housing establishment or supportive | ||||||
23 | living facility;
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24 | (ii) Communicate privately and without restriction | ||||||
25 | with any resident
who consents to the communication;
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1 | (iii) Seek consent to communicate privately and | ||||||
2 | without restriction
with any resident;
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3 | (iv) Inspect the clinical and other records of a | ||||||
4 | resident with the
express written consent of the | ||||||
5 | resident;
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6 | (v) Observe all areas of the long term care | ||||||
7 | facility or supportive
living facilities, assisted | ||||||
8 | living or shared housing establishment except the
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9 | living area of any resident who protests the | ||||||
10 | observation.
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11 | (2) "Long Term Care Facility" means (i) any facility as | ||||||
12 | defined by Section
1-113 of the Nursing Home Care Act, as | ||||||
13 | now or hereafter amended; and (ii) any
skilled nursing | ||||||
14 | facility or a nursing facility which meets the
requirements | ||||||
15 | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | ||||||
16 | (b),
(c), and (d) of the Social Security Act, as now or | ||||||
17 | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | ||||||
18 | and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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19 | (2.5) "Assisted living establishment" and "shared | ||||||
20 | housing establishment"
have the meanings given those terms | ||||||
21 | in Section 10 of the Assisted Living and
Shared Housing | ||||||
22 | Act.
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23 | (2.7) "Supportive living facility" means a facility | ||||||
24 | established under
Section 5-5.01a of the Illinois Public | ||||||
25 | Aid Code.
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26 | (3) "State Long Term Care Ombudsman" means any person |
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1 | employed by the
Department to fulfill
the requirements of | ||||||
2 | the Office of State Long Term Care Ombudsman as
required | ||||||
3 | under the Older Americans Act of 1965, as now or hereafter | ||||||
4 | amended,
and Departmental policy.
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5 | (3.1) "Ombudsman" means any designated representative | ||||||
6 | of a regional long
term care ombudsman program; provided | ||||||
7 | that the representative, whether he is
paid for or | ||||||
8 | volunteers his ombudsman services, shall be qualified and
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9 | designated by the Office to perform the duties of an | ||||||
10 | ombudsman as specified by
the Department in rules and in | ||||||
11 | accordance with the provisions of
the Older Americans Act | ||||||
12 | of 1965, as now or hereafter amended.
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13 | (c) Ombudsman; rules. The Office of State Long Term Care | ||||||
14 | Ombudsman shall
be composed of at least one full-time ombudsman | ||||||
15 | and shall include a system of
designated regional long term | ||||||
16 | care ombudsman programs. Each regional program
shall be | ||||||
17 | designated by the State Long Term Care Ombudsman as a | ||||||
18 | subdivision of
the Office and any representative of a regional | ||||||
19 | program shall be treated as a
representative of the Office.
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20 | The Department, in consultation with the Office, shall | ||||||
21 | promulgate
administrative rules in accordance with the | ||||||
22 | provisions of the Older Americans
Act of 1965, as now or | ||||||
23 | hereafter amended, to establish the responsibilities of
the | ||||||
24 | Department and the Office of State Long Term Care Ombudsman and | ||||||
25 | the
designated regional Ombudsman programs. The administrative | ||||||
26 | rules shall include
the responsibility of the Office and |
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1 | designated regional programs to
investigate and resolve | ||||||
2 | complaints made by or on behalf of residents of long
term care | ||||||
3 | facilities, supportive living facilities, and assisted living | ||||||
4 | and
shared housing establishments relating to actions, | ||||||
5 | inaction, or
decisions of providers, or their representatives, | ||||||
6 | of long term care
facilities, of supported living facilities, | ||||||
7 | of assisted living and shared
housing establishments, of public | ||||||
8 | agencies, or of social services agencies,
which may adversely | ||||||
9 | affect the health, safety, welfare, or rights of such
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10 | residents.
When necessary and appropriate, representatives of | ||||||
11 | the Office shall refer
complaints to the appropriate regulatory | ||||||
12 | State agency.
The Department, in consultation with the Office, | ||||||
13 | shall cooperate with the
Department of Human Services in | ||||||
14 | providing information and training to
designated regional long | ||||||
15 | term care ombudsman programs about the appropriate
assessment | ||||||
16 | and treatment (including information about appropriate | ||||||
17 | supportive
services, treatment options, and assessment of | ||||||
18 | rehabilitation potential) of
persons with mental illness | ||||||
19 | (other than Alzheimer's disease and related
disorders). | ||||||
20 | The State Long Term Care Ombudsman and all other ombudsmen, | ||||||
21 | as defined in paragraph (3.1) of subsection (b) must submit to | ||||||
22 | background checks under the Health Care Worker Background Check | ||||||
23 | Act and receive training, as prescribed by the Illinois | ||||||
24 | Department on Aging, before visiting facilities. The training | ||||||
25 | must include information specific to assisted living | ||||||
26 | establishments, supportive living facilities, and shared |
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1 | housing establishments and to the rights of residents | ||||||
2 | guaranteed under the corresponding Acts and administrative | ||||||
3 | rules.
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4 | (c-5) Consumer Choice Information Reports. The Office | ||||||
5 | shall: | ||||||
6 | (1) In collaboration with the Attorney General, create | ||||||
7 | a Consumer Choice Information Report form to be completed | ||||||
8 | by all licensed long term care facilities to aid | ||||||
9 | Illinoisans and their families in making informed choices | ||||||
10 | about long term care. The Office shall create a Consumer | ||||||
11 | Choice Information Report for each type of licensed long | ||||||
12 | term care facility. | ||||||
13 | (2) Develop a database of Consumer Choice Information | ||||||
14 | Reports completed by licensed long term care facilities | ||||||
15 | that includes information in the following consumer | ||||||
16 | categories: | ||||||
17 | (A) Medical Care, Services, and Treatment. | ||||||
18 | (B) Special Services and Amenities. | ||||||
19 | (C) Staffing. | ||||||
20 | (D) Facility Statistics and Resident Demographics. | ||||||
21 | (E) Ownership and Administration. | ||||||
22 | (F) Safety and Security. | ||||||
23 | (G) Meals and Nutrition. | ||||||
24 | (H) Rooms, Furnishings, and Equipment. | ||||||
25 | (I) Family, Volunteer, and Visitation Provisions. | ||||||
26 | (3) Make this information accessible to the public, |
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1 | including on the Internet by means of a hyperlink labeled | ||||||
2 | "Resident's Right to Know" on the Office's World Wide Web | ||||||
3 | home page. | ||||||
4 | (4) Have the authority, with the Attorney General, to | ||||||
5 | verify that information provided by a facility is accurate. | ||||||
6 | (5) Request a new report from any licensed facility | ||||||
7 | whenever it deems necessary.
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8 | (d) Access and visitation rights.
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9 | (1) In accordance with subparagraphs (A) and (E) of | ||||||
10 | paragraph (3) of
subsection (c) of Section 1819
and | ||||||
11 | subparagraphs (A) and (E) of paragraph (3) of subsection | ||||||
12 | (c) of Section
1919 of the Social Security Act, as now or | ||||||
13 | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||||||
14 | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||||||
15 | Older Americans Act of 1965, as now or hereafter
amended | ||||||
16 | (42 U.S.C. 3058f), a long term care facility, supportive | ||||||
17 | living
facility, assisted living
establishment, and shared | ||||||
18 | housing establishment must:
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19 | (i) permit immediate access to any resident by a | ||||||
20 | designated
ombudsman; and
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21 | (ii) permit representatives of the Office, with | ||||||
22 | the permission of the
resident's legal representative | ||||||
23 | or legal guardian, to examine a resident's
clinical and | ||||||
24 | other records, and if a resident is unable to consent | ||||||
25 | to such
review, and has no legal guardian, permit | ||||||
26 | representatives of the Office
appropriate access, as |
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1 | defined by the Department, in consultation with the
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2 | Office, in administrative rules, to the resident's | ||||||
3 | records.
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4 | (2) Each long term care facility, supportive living | ||||||
5 | facility, assisted
living establishment, and
shared | ||||||
6 | housing establishment shall display, in multiple, | ||||||
7 | conspicuous
public places within the facility accessible | ||||||
8 | to both visitors and residents and
in an easily readable | ||||||
9 | format, the address and phone number of the Office of the
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10 | Long Term Care Ombudsman, in a manner prescribed by the | ||||||
11 | Office.
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12 | (e) Immunity. An ombudsman or any representative of the | ||||||
13 | Office participating
in the good faith performance of his or | ||||||
14 | her official duties
shall have immunity from any liability | ||||||
15 | (civil, criminal or otherwise) in
any proceedings (civil, | ||||||
16 | criminal or otherwise) brought as a consequence of
the | ||||||
17 | performance of his official duties.
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18 | (f) Business offenses.
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19 | (1) No person shall:
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20 | (i) Intentionally prevent, interfere with, or | ||||||
21 | attempt to impede in any
way any representative of the | ||||||
22 | Office in the performance of his
official
duties under | ||||||
23 | this Act and the Older Americans Act of 1965; or
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24 | (ii) Intentionally retaliate, discriminate | ||||||
25 | against, or effect reprisals
against any long term care | ||||||
26 | facility resident or employee for contacting or
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1 | providing information to any representative of the | ||||||
2 | Office.
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3 | (2) A violation of this Section is a business offense, | ||||||
4 | punishable by a
fine not to exceed $501.
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5 | (3) The Director of Aging, in consultation with the | ||||||
6 | Office, shall
notify the State's Attorney of the
county in | ||||||
7 | which the long term care facility, supportive living | ||||||
8 | facility, or
assisted living or shared housing | ||||||
9 | establishment is located,
or the Attorney General, of any | ||||||
10 | violations of this Section.
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11 | (g) Confidentiality of records and identities. The | ||||||
12 | Department shall
establish procedures for the disclosure by the | ||||||
13 | State Ombudsman or the regional
ombudsmen
entities of files | ||||||
14 | maintained by the program. The procedures shall provide that
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15 | the files and records may be disclosed only at the discretion | ||||||
16 | of the State Long
Term Care
Ombudsman or the person designated | ||||||
17 | by the State Ombudsman to disclose the files
and records, and | ||||||
18 | the procedures shall prohibit the disclosure of the identity
of | ||||||
19 | any complainant, resident, witness, or employee of a long term | ||||||
20 | care provider
unless:
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21 | (1) the complainant, resident, witness, or employee of | ||||||
22 | a long term care
provider or his or her legal | ||||||
23 | representative consents to the disclosure and the
consent | ||||||
24 | is in writing;
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25 | (2) the complainant, resident, witness, or employee of | ||||||
26 | a long term care
provider gives consent orally; and the |
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1 | consent is documented contemporaneously
in writing in
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2 | accordance with such requirements as the Department shall | ||||||
3 | establish; or
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4 | (3) the disclosure is required by court order.
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5 | (h) Legal representation. The Attorney General shall
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6 | provide legal representation to any representative of the | ||||||
7 | Office
against
whom suit or other legal action is brought in | ||||||
8 | connection with the
performance of the representative's | ||||||
9 | official duties, in accordance with the
State Employee | ||||||
10 | Indemnification Act.
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11 | (i) Treatment by prayer and spiritual means. Nothing in | ||||||
12 | this Act shall
be construed to authorize or require the medical | ||||||
13 | supervision, regulation
or control of remedial care or | ||||||
14 | treatment of any resident in a long term
care facility operated | ||||||
15 | exclusively by and for members or adherents of any
church or | ||||||
16 | religious denomination the tenets and practices of which | ||||||
17 | include
reliance solely upon spiritual means through prayer for | ||||||
18 | healing.
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19 | (Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)
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20 | Section 10. The Nursing Home Care Act is amended by | ||||||
21 | changing Sections 3-210 and 3-212 and by adding Section 2-214 | ||||||
22 | as follows: | ||||||
23 | (210 ILCS 45/2-214 new) | ||||||
24 | Sec. 2-214. Consumer Choice Information Reports. |
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1 | (a) Every facility shall complete a Consumer Choice | ||||||
2 | Information Report and shall file it with the Office of State | ||||||
3 | Long Term Care Ombudsman electronically as prescribed by the | ||||||
4 | Office. The Report shall be filed annually and upon request of | ||||||
5 | the Office of State Long Term Care Ombudsman. The Consumer | ||||||
6 | Choice Information Report must be completed by the facility in | ||||||
7 | full. | ||||||
8 | (b) A violation of any of the provisions of this Section | ||||||
9 | constitutes an unlawful practice under the Consumer Fraud and | ||||||
10 | Deceptive Business Practices Act. All remedies, penalties, and | ||||||
11 | authority granted to the Attorney General by the Consumer Fraud | ||||||
12 | and Deceptive Business Practices Act shall be available to him | ||||||
13 | or her for the enforcement of this Section. | ||||||
14 | (c) The Department of Public Health shall include | ||||||
15 | verification of the submission of a facility's current Consumer | ||||||
16 | Choice Information Report when conducting an inspection | ||||||
17 | pursuant to Section 3-212.
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18 | (210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210)
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19 | Sec. 3-210. A facility shall retain the following for | ||||||
20 | public inspection:
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21 | (1) A complete copy of every inspection report of the | ||||||
22 | facility received
from the Department during the past 5 years;
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23 | (2) A copy of every order pertaining to the facility issued | ||||||
24 | by the
Department or a court during the past 5 years;
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25 | (3) A description of the services provided by the facility |
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1 | and the rates
charged for those services and items for which a | ||||||
2 | resident may be separately charged;
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3 | (4) A copy of the statement of ownership required by | ||||||
4 | Section 3-207;
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5 | (5) A record of personnel employed or retained by the | ||||||
6 | facility who are
licensed, certified or registered by the | ||||||
7 | Department of Professional
Regulation; and
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8 | (6) A complete copy of the most recent inspection report of | ||||||
9 | the facility
received from the Department.
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10 | (7) A copy of the current Consumer Choice Information | ||||||
11 | Report required by Section 2-214.
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12 | (Source: P.A. 85-1209)
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13 | (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
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14 | Sec. 3-212. Inspection.
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15 | (a) The Department, whenever it deems necessary in
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16 | accordance with subsection (b), shall inspect, survey and | ||||||
17 | evaluate every
facility to determine compliance with | ||||||
18 | applicable licensure requirements and
standards. Submission of | ||||||
19 | a facility's current Consumer Choice Information Report | ||||||
20 | required by Section 2-214 shall be verified at time of | ||||||
21 | inspection. An inspection should occur within 120 days prior
to | ||||||
22 | license renewal. The Department may periodically visit a | ||||||
23 | facility for the
purpose of consultation. An inspection, | ||||||
24 | survey, or evaluation, other than
an inspection of financial | ||||||
25 | records, shall be conducted without prior notice
to the |
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1 | facility. A visit for the sole purpose of consultation may be
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2 | announced.
The Department shall provide training to surveyors | ||||||
3 | about the appropriate
assessment, care planning, and care of | ||||||
4 | persons with mental illness (other than
Alzheimer's disease or | ||||||
5 | related disorders) to enable its surveyors to
determine whether | ||||||
6 | a facility is complying with State and federal requirements
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7 | about the assessment, care planning, and care of those persons.
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8 | (a-1) An employee of a State or unit of local government | ||||||
9 | agency
charged with inspecting, surveying, and evaluating | ||||||
10 | facilities who directly
or indirectly gives prior notice of an | ||||||
11 | inspection, survey, or evaluation,
other than an inspection of | ||||||
12 | financial records, to a facility or to an
employee of a | ||||||
13 | facility is guilty of a Class A misdemeanor.
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14 | An inspector or an employee of the Department who | ||||||
15 | intentionally prenotifies
a facility,
orally or in writing, of | ||||||
16 | a pending complaint investigation or inspection shall
be guilty | ||||||
17 | of a Class A misdemeanor.
Superiors of persons who have | ||||||
18 | prenotified a facility shall be subject to the
same penalties, | ||||||
19 | if they have knowingly allowed the prenotification. A person
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20 | found guilty of prenotifying a facility shall be subject to | ||||||
21 | disciplinary action
by his or her employer.
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22 | If the Department has a good faith belief, based upon | ||||||
23 | information that comes
to its attention, that a violation of | ||||||
24 | this subsection has occurred, it must
file a complaint with the | ||||||
25 | Attorney General or the State's Attorney in the
county where | ||||||
26 | the violation
took place within 30 days after discovery of the |
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1 | information.
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2 | (a-2) An employee of a State or unit of local government | ||||||
3 | agency charged with
inspecting, surveying, or evaluating | ||||||
4 | facilities who willfully profits from
violating the | ||||||
5 | confidentiality of the inspection, survey, or evaluation
| ||||||
6 | process shall be guilty of a Class 4 felony and that conduct | ||||||
7 | shall be deemed
unprofessional conduct that may subject a | ||||||
8 | person to loss of his or her
professional license. An action to | ||||||
9 | prosecute a person for violating this
subsection (a-2) may be | ||||||
10 | brought by either the Attorney General or the State's
Attorney | ||||||
11 | in the county where the violation took place.
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12 | (b) In determining whether to make more than the required | ||||||
13 | number of
unannounced inspections, surveys and evaluations of a | ||||||
14 | facility the
Department shall consider one or more of the | ||||||
15 | following: previous inspection
reports; the facility's history | ||||||
16 | of compliance with standards, rules and
regulations | ||||||
17 | promulgated under this Act and correction of violations,
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18 | penalties or other enforcement actions; the number and severity | ||||||
19 | of
complaints received about the facility; any allegations of | ||||||
20 | resident abuse
or neglect; weather conditions; health | ||||||
21 | emergencies; other reasonable belief
that deficiencies exist.
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22 | (b-1) The Department shall not be required to determine | ||||||
23 | whether a
facility certified to participate in the Medicare | ||||||
24 | program under Title XVIII of
the Social Security Act, or the | ||||||
25 | Medicaid program under Title XIX of the Social
Security Act, | ||||||
26 | and which the Department determines by inspection under this
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1 | Section or under Section 3-702 of this Act to be in compliance | ||||||
2 | with the
certification requirements of Title XVIII or XIX, is | ||||||
3 | in compliance with any
requirement of this Act that is less | ||||||
4 | stringent than or duplicates a federal
certification | ||||||
5 | requirement. In accordance with subsection (a) of this Section
| ||||||
6 | or subsection (d) of Section 3-702, the Department shall | ||||||
7 | determine whether a
certified facility is in
compliance with | ||||||
8 | requirements of this Act that exceed federal certification
| ||||||
9 | requirements. If a certified facility is found to be out of | ||||||
10 | compliance with
federal certification requirements, the | ||||||
11 | results of an inspection conducted
pursuant to Title XVIII or | ||||||
12 | XIX of the Social Security Act may be used as the
basis for | ||||||
13 | enforcement remedies authorized and commenced under this Act.
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14 | Enforcement of this Act against a certified facility shall be | ||||||
15 | commenced
pursuant to the requirements of this Act, unless | ||||||
16 | enforcement remedies sought
pursuant to Title XVIII or XIX of | ||||||
17 | the Social Security Act exceed those
authorized by this Act. As | ||||||
18 | used in this subsection, "enforcement remedy"
means a sanction | ||||||
19 | for violating a federal certification requirement or this
Act.
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20 | (c) Upon completion of each inspection, survey and | ||||||
21 | evaluation, the
appropriate Department personnel who conducted | ||||||
22 | the inspection, survey or
evaluation shall submit a copy of | ||||||
23 | their report to the licensee upon exiting
the facility, and | ||||||
24 | shall submit the actual report to the appropriate
regional | ||||||
25 | office of the Department. Such report and any recommendations | ||||||
26 | for
action by the Department under this Act shall be |
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1 | transmitted to the
appropriate offices of the associate | ||||||
2 | director of the Department, together
with related comments or | ||||||
3 | documentation provided by the licensee which may
refute | ||||||
4 | findings in the report, which explain extenuating | ||||||
5 | circumstances that
the facility could not reasonably have | ||||||
6 | prevented, or which indicate methods
and timetables for | ||||||
7 | correction of deficiencies described in the report.
Without | ||||||
8 | affecting the application of subsection (a) of Section 3-303, | ||||||
9 | any
documentation or comments of the licensee shall be provided | ||||||
10 | within 10
days of receipt of the copy of the report. Such | ||||||
11 | report shall recommend to
the Director appropriate action under | ||||||
12 | this Act with respect to findings
against a facility. The | ||||||
13 | Director shall then determine whether the report's
findings | ||||||
14 | constitute a violation or violations of which the facility must | ||||||
15 | be
given notice. Such determination shall be based upon the | ||||||
16 | severity of the
finding, the danger posed to resident health | ||||||
17 | and safety, the comments and
documentation provided by the | ||||||
18 | facility, the diligence and efforts to
correct deficiencies, | ||||||
19 | correction of the reported deficiencies, the
frequency and | ||||||
20 | duration of similar findings in previous reports and the
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21 | facility's general inspection history. Violations shall be | ||||||
22 | determined
under this subsection no later than 60 days after | ||||||
23 | completion of each
inspection, survey and evaluation.
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24 | (d) The Department shall maintain all inspection, survey | ||||||
25 | and evaluation
reports for at least 5 years in a manner | ||||||
26 | accessible to and understandable
by the public.
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1 | (Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)
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2 | Section 15. The Consumer Fraud and Deceptive Business | ||||||
3 | Practices Act is amended by adding Section 2ZZ as follows: | ||||||
4 | (815 ILCS 505/2ZZ new) | ||||||
5 | Sec. 2ZZ. Long-term care facility; Consumer Choice | ||||||
6 | Information Report. A long-term care facility that fails to | ||||||
7 | comply with Section 2-214 of the Nursing Home Care Act commits | ||||||
8 | an unlawful practice within the meaning of this Act. ".
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