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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Disabled Persons Rehabilitation Act is | ||||||
5 | amended 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 | ||||||
10 | or older or a person with disabilities aged 18 through 59 who | ||||||
11 | receives services in his or her home or community to promote | ||||||
12 | independence and reduce the necessity for residence in a | ||||||
13 | long-term care facility. These services may include the | ||||||
14 | following: | ||||||
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, | ||||||
23 | the rights set forth in subsections (b) through (g) and, in |
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1 | addition, any other rights established under subsection (h). | ||||||
2 | "Home care services" or "services" means home and | ||||||
3 | community-based services to promote independence and reduce | ||||||
4 | the necessity for residence in a long-term care facility, | ||||||
5 | including personal care services designed to assist an | ||||||
6 | individual in the activities of daily living such as bathing, | ||||||
7 | exercising, 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, | ||||||
26 | and 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 | ||||||
18 | individuality. A home care consumer has the right to receive | ||||||
19 | care and services provided in a way that promotes his or her | ||||||
20 | dignity 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 | ||||||
8 | home care consumer has the right to a fiduciary's assistance in | ||||||
9 | securing the consumer's rights under this Section. | ||||||
10 | (h) Other rights. The Home Care Consumer Bill of Rights may | ||||||
11 | include any other rights determined to be appropriate by the | ||||||
12 | Department. | ||||||
13 | (i) The Department of Human Services and the Department on | ||||||
14 | Aging shall develop a plan for enforcing the Home Care Consumer | ||||||
15 | Bill of Rights. In developing the plan, the Departments shall | ||||||
16 | establish and take into account best practices for enforcement | ||||||
17 | of those rights. The Departments shall make those best | ||||||
18 | practices available to the public through their official web | ||||||
19 | sites. The plan shall include a description of how entities | ||||||
20 | with a role in protecting older adults aged 60 or older and | ||||||
21 | persons with disabilities aged 18 through 59, such as home care | ||||||
22 | services licensing agencies, adult protective services | ||||||
23 | agencies, the Office of State Long Term Care Ombudsman, local | ||||||
24 | law enforcement agencies, and other entities determined to be | ||||||
25 | appropriate by the Departments, will coordinate activities to | ||||||
26 | enforce the Home Care Consumer Bill of Rights. |
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1 | Section 10. The Older Adult Services Act is amended by | ||||||
2 | adding 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 | ||||||
7 | or older or a person with disabilities aged 18 through 59 who | ||||||
8 | receives services in his or her home or community to promote | ||||||
9 | independence and reduce the necessity for residence in a | ||||||
10 | long-term care facility. These services may include the | ||||||
11 | following: | ||||||
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, | ||||||
20 | the rights set forth in subsections (b) through (g) and, in | ||||||
21 | addition, any other rights established under subsection (h). | ||||||
22 | "Home care services" or "services" means home and | ||||||
23 | community-based services to promote independence and reduce | ||||||
24 | the necessity for residence in a long-term care facility, |
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1 | including personal care services designed to assist an | ||||||
2 | individual in the activities of daily living such as bathing, | ||||||
3 | exercising, 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, | ||||||
22 | and 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 | ||||||
14 | individuality. A home care consumer has the right to receive | ||||||
15 | care and services provided in a way that promotes his or her | ||||||
16 | dignity 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 | ||||||
4 | home care consumer has the right to a fiduciary's assistance in | ||||||
5 | securing the consumer's rights under this Section. | ||||||
6 | (h) Other rights. The Home Care Consumer Bill of Rights may | ||||||
7 | include any other rights determined to be appropriate by the | ||||||
8 | Department. | ||||||
9 | (i) The Department on Aging and the Department of Human | ||||||
10 | Services shall develop a plan for enforcing the Home Care | ||||||
11 | Consumer Bill of Rights. In developing the plan, the | ||||||
12 | Departments shall establish and take into account best | ||||||
13 | practices for enforcement of those rights. The Departments | ||||||
14 | shall make those best practices available to the public through | ||||||
15 | their official web sites. The plan shall include a description | ||||||
16 | of how entities with a role in protecting older adults aged 60 | ||||||
17 | or older and persons with disabilities aged 18 through 59, such | ||||||
18 | as home care services licensing agencies, adult protective | ||||||
19 | services agencies, the Office of State Long Term Care | ||||||
20 | Ombudsman, local law enforcement agencies, and other entities | ||||||
21 | determined to be appropriate by the Departments, will | ||||||
22 | coordinate activities to enforce the Home Care Consumer Bill of | ||||||
23 | Rights.
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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