HB5852 EngrossedLRB098 17070 DRJ 52155 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Disabled Persons Rehabilitation Act is
5amended by adding Section 17.1 as follows:
 
6    (20 ILCS 2405/17.1 new)
7    Sec. 17.1. Home Care Consumer Bill of Rights.
8    (a) Definitions. As used in this Section:
9    "Home care consumer" or "consumer" means a person aged 60
10or older or a person with disabilities aged 18 through 59 who
11receives services in his or her home or community to promote
12independence and reduce the necessity for residence in a
13long-term care facility. These services may include the
14following:
15        (1) Home care services provided under this Act, the
16    Medicare program under Title XVIII of the Social Security
17    Act, the Medicaid program under Title XIX of the Social
18    Security Act, or any other program funded by public or
19    private moneys.
20        (2) Home care services determined to be appropriate by
21    the Department.
22    "Home Care Consumer Bill of Rights" means, at a minimum,
23the rights set forth in subsections (b) through (g) and, in

 

 

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1addition, any other rights established under subsection (h).
2    "Home care services" or "services" means home and
3community-based services to promote independence and reduce
4the necessity for residence in a long-term care facility,
5including personal care services designed to assist an
6individual in the activities of daily living such as bathing,
7exercising, personal grooming, and getting in and out of bed.
8    (b) Home care consumer's right to basic safety.
9        (1) A home care consumer has the right to be protected
10    from physical, sexual, mental, and verbal abuse, neglect,
11    and exploitation, including financial exploitation.
12        (2) A home care consumer has the right to be served by
13    providers who are properly trained and are providing home
14    care services within their scope of practice and the scope
15    of their certification or licensure by the State.
16        (3) A provider of home care services shall maintain the
17    confidentiality of all personal, financial, and medical
18    information of the home care consumers to whom it provides
19    services.
20        (4) A provider of home care services shall respect the
21    personal property of the home care consumers to whom it
22    provides services. If a consumer reports a theft or loss of
23    personal property, the provider shall investigate and
24    shall report back to the consumer the results of the
25    investigation.
26    (c) Home care consumer's right to information.

 

 

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1        (1) A home care consumer has the right to be informed
2    of the following by a provider of home care services within
3    2 weeks after starting to receive home care services:
4            (A) His or her rights under this Section.
5            (B) The entities the home care consumer may contact
6        if his or her rights are violated, including the name
7        and contact information for the Department of Human
8        Services and the Department on Aging and other State
9        and local agencies responsible for enforcing the Home
10        Care Consumer Bill of Rights.
11        (2) A home care consumer has the right to:
12            (A) be informed of (i) the cost of home care
13        services prior to receiving those services, (ii)
14        whether the cost of those services is covered under
15        health insurance, long-term care insurance, or other
16        private or public programs, and (iii) any charges the
17        consumer will be expected to pay; and
18            (B) be given advance notice of any changes to those
19        costs or services.
20        (3) A home care consumer has the right to access
21    information about the availability of the home care
22    services provided in his or her community and has the right
23    to choose among home care services and providers of home
24    care services available in that community.
25    (d) Home care consumer's right to choice, participation,
26and self-determination.

 

 

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1        (1) A home care consumer has the right to participate
2    in the planning of his or her home care services, including
3    making choices about aspects of his or her care and
4    services that are important to him or her, choosing
5    providers and schedules to the extent practicable,
6    receiving reasonable accommodation of his or her needs and
7    preferences, and involving anyone he or she chooses to
8    participate with him or her in that planning.
9        (2) A home care consumer has the right to be provided
10    with sufficient information to make informed decisions, to
11    be fully informed in advance about any proposed changes in
12    care and services, and to be involved in the
13    decision-making process regarding those changes.
14        (3) A home care consumer may refuse services and has
15    the right to receive an explanation of the consequences of
16    doing so.
17    (e) Home care consumer's right to dignity and
18individuality. A home care consumer has the right to receive
19care and services provided in a way that promotes his or her
20dignity and individuality.
21    (f) Home care consumer's right to redress grievances.
22        (1) A home care consumer has the right to express
23    grievances about the quality of his or her home care
24    services, the number of hours of service, and any
25    violations of his or her rights under this Section. A home
26    care consumer has the right to receive prompt responses to

 

 

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1    those concerns and to be informed about the entities the
2    consumer may contact to state those grievances in order to
3    have the grievances addressed in an appropriate and timely
4    manner and without retaliation.
5        (2) A home care consumer has the right to assert his or
6    her rights under this Section without retaliation.
7    (g) Home care consumer's right to fiduciary assistance. A
8home care consumer has the right to a fiduciary's assistance in
9securing the consumer's rights under this Section.
10    (h) Other rights. The Home Care Consumer Bill of Rights may
11include any other rights determined to be appropriate by the
12Department.
13    (i) The Department of Human Services and the Department on
14Aging shall develop a plan for enforcing the Home Care Consumer
15Bill of Rights. In developing the plan, the Departments shall
16establish and take into account best practices for enforcement
17of those rights. The Departments shall make those best
18practices available to the public through their official web
19sites. The plan shall include a description of how entities
20with a role in protecting older adults aged 60 or older and
21persons with disabilities aged 18 through 59, such as home care
22services licensing agencies, adult protective services
23agencies, the Office of State Long Term Care Ombudsman, local
24law enforcement agencies, and other entities determined to be
25appropriate by the Departments, will coordinate activities to
26enforce the Home Care Consumer Bill of Rights.
 

 

 

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1    Section 10. The Older Adult Services Act is amended by
2adding Section 40 as follows:
 
3    (320 ILCS 42/40 new)
4    Sec. 40. Home Care Consumer Bill of Rights.
5    (a) Definitions. As used in this Section:
6    "Home care consumer" or "consumer" means a person aged 60
7or older or a person with disabilities aged 18 through 59 who
8receives services in his or her home or community to promote
9independence and reduce the necessity for residence in a
10long-term care facility. These services may include the
11following:
12        (1) Home care services provided under this Act, the
13    Medicare program under Title XVIII of the Social Security
14    Act, the Medicaid program under Title XIX of the Social
15    Security Act, or any other program funded by public or
16    private moneys.
17        (2) Home care services determined to be appropriate by
18    the Department.
19    "Home Care Consumer Bill of Rights" means, at a minimum,
20the rights set forth in subsections (b) through (g) and, in
21addition, any other rights established under subsection (h).
22    "Home care services" or "services" means home and
23community-based services to promote independence and reduce
24the necessity for residence in a long-term care facility,

 

 

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1including personal care services designed to assist an
2individual in the activities of daily living such as bathing,
3exercising, personal grooming, and getting in and out of bed.
4    (b) Home care consumer's right to basic safety.
5        (1) A home care consumer has the right to be protected
6    from physical, sexual, mental, and verbal abuse, neglect,
7    and exploitation, including financial exploitation.
8        (2) A home care consumer has the right to be served by
9    providers who are properly trained and are providing home
10    care services within their scope of practice and the scope
11    of their certification or licensure by the State.
12        (3) A provider of home care services shall maintain the
13    confidentiality of all personal, financial, and medical
14    information of the home care consumers to whom it provides
15    services.
16        (4) A provider of home care services shall respect the
17    personal property of the home care consumers to whom it
18    provides services. If a consumer reports a theft or loss of
19    personal property, the provider shall investigate and
20    shall report back to the consumer the results of the
21    investigation.
22    (c) Home care consumer's right to information.
23        (1) A home care consumer has the right to be informed
24    of the following by a provider of home care services within
25    2 weeks after starting to receive home care services:
26            (A) His or her rights under this Section.

 

 

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1            (B) The entities the home care consumer may contact
2        if his or her rights are violated, including the name
3        and contact information for the Department on Aging and
4        the Department of Human Services and other State and
5        local agencies responsible for enforcing the Home Care
6        Consumer Bill of Rights.
7        (2) A home care consumer has the right to:
8            (A) be informed of (i) the cost of home care
9        services prior to receiving those services, (ii)
10        whether the cost of those services is covered under
11        health insurance, long-term care insurance, or other
12        private or public programs, and (iii) any charges the
13        consumer will be expected to pay; and
14            (B) be given advance notice of any changes to those
15        costs or services.
16        (3) A home care consumer has the right to access
17    information about the availability of the home care
18    services provided in his or her community and has the right
19    to choose among home care services and providers of home
20    care services available in that community.
21    (d) Home care consumer's right to choice, participation,
22and self-determination.
23        (1) A home care consumer has the right to participate
24    in the planning of his or her home care services, including
25    making choices about aspects of his or her care and
26    services that are important to him or her, choosing

 

 

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1    providers and schedules to the extent practicable,
2    receiving reasonable accommodation of his or her needs and
3    preferences, and involving anyone he or she chooses to
4    participate with him or her in that planning.
5        (2) A home care consumer has the right to be provided
6    with sufficient information to make informed decisions, to
7    be fully informed in advance about any proposed changes in
8    care and services, and to be involved in the
9    decision-making process regarding those changes.
10        (3) A home care consumer may refuse services and has
11    the right to receive an explanation of the consequences of
12    doing so.
13    (e) Home care consumer's right to dignity and
14individuality. A home care consumer has the right to receive
15care and services provided in a way that promotes his or her
16dignity and individuality.
17    (f) Home care consumer's right to redress grievances.
18        (1) A home care consumer has the right to express
19    grievances about the quality of his or her home care
20    services, the number of hours of service, and any
21    violations of his or her rights under this Section. A home
22    care consumer has the right to receive prompt responses to
23    those concerns and to be informed about the entities the
24    consumer may contact to state those grievances in order to
25    have the grievances addressed in an appropriate and timely
26    manner and without retaliation.

 

 

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1        (2) A home care consumer has the right to assert his or
2    her rights under this Section without retaliation.
3    (g) Home care consumer's right to fiduciary assistance. A
4home care consumer has the right to a fiduciary's assistance in
5securing the consumer's rights under this Section.
6    (h) Other rights. The Home Care Consumer Bill of Rights may
7include any other rights determined to be appropriate by the
8Department.
9    (i) The Department on Aging and the Department of Human
10Services shall develop a plan for enforcing the Home Care
11Consumer Bill of Rights. In developing the plan, the
12Departments shall establish and take into account best
13practices for enforcement of those rights. The Departments
14shall make those best practices available to the public through
15their official web sites. The plan shall include a description
16of how entities with a role in protecting older adults aged 60
17or older and persons with disabilities aged 18 through 59, such
18as home care services licensing agencies, adult protective
19services agencies, the Office of State Long Term Care
20Ombudsman, local law enforcement agencies, and other entities
21determined to be appropriate by the Departments, will
22coordinate activities to enforce the Home Care Consumer Bill of
23Rights.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.