SB0026ham003 98TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 5/23/2013

09800SB0026ham003 LRB098 05310 KTG 46390 a

AMENDMENT TO SENATE BILL 26

AMENDMENT NO. ______. Amend Senate Bill 26, AS AMENDED, with reference to page and line numbers of House Amendment No. 1 as follows:

on page 4, by inserting immediately below line 8 the following:

""Abuse" means any physical or mental injury or sexual assault inflicted on a consumer other than by accidental means in a facility."; and

on page 6, line 19, after "triage", by inserting "center"; and

on page 9, immediately below line 13, by inserting the following:

""Identified offender" means a person who meets any of the following criteria:

(1) Has been convicted of, found guilty of, adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for, any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following:

(i) a felony offense described in Section 10-5 of the Nurse Practice Act;

(ii) a felony offense described in Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act;

(iii) a felony offense described in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control Act;

(iv) a felony offense described in Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and

(v) a felony offense described in the Methamphetamine Control and Community Protection Act.

(2) Has been convicted of, adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for, any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act."; and

on page 12, immediately below line 9, by inserting the following:

"Section 2-100. Rulemaking. The Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act."; and

on page 15, immediately below line 1, by inserting the following:

"Section 2-104. Screening prior to admission.

(a) A facility shall within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless a background check was initiated by a hospital pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act. Background checks conducted pursuant to this Section shall be based on the consumer's name, date of birth, and other identifiers as required by the Department of State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the consumer meets criteria related to the consumer's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the consumer is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks to be taken on the premises of the facility. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the consumer's dignity and that minimizes any emotional or physical hardship to the consumer.

(b) If the results of a consumer's criminal history background check reveal that the consumer is an identified offender as defined in this Act, the facility shall do the following:

(1) Immediately notify the Department of State Police, in the form and manner required by the Department of State Police, in collaboration with the Department of Public Health, that the consumer is an identified offender.

(2) Within 72 hours, arrange for a fingerprint-based criminal history record inquiry to be requested on the identified offender consumer. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Department of State Police. The inquiry shall be processed through the files of the Department of State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Department of State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files.

Section 2-105. Criminal History Report.

(a) The Department of State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or subsection (c) of Section 2-201.5 of the Nursing Home Care Act, or through any other means, that a consumer of a facility is an identified offender.

(b) The Department of State Police shall complete the Criminal History Report within 10 business days after receiving information under subsection (a) that a consumer is an identified offender.

(c) The Criminal History Report shall include, but not be limited to, the following:

(1) Copies of the identified offender's parole, mandatory supervised release, or probation orders.

(2) An interview with the identified offender.

(3) A detailed summary of the entire criminal history of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.

(4) If the identified offender is a convicted or registered sex offender, a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, the Department of State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.

(d) The Department of State Police shall provide the Criminal History Report to a licensed forensic psychologist. After (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities, the licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long-term care facility. If the identified offender is a convicted or registered sex offender or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.

(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History Report and shall promptly provide the Identified Offender Report and Recommendation to the Department of State Police, which shall provide the Identified Offender Report and Recommendation to the following:

(1) The facility within which the identified offender resides.

(2) The Chief of Police of the municipality in which the facility is located.

(3) The State of Illinois Long Term Care Ombudsman.

(4) The Department of Public Health.

(e-5) The Department of Public Health shall keep a continuing record of all consumers determined to be identified offenders as defined in Section 1-114.01 of the Nursing Home Care Act and shall report the number of identified offender consumers annually to the General Assembly.

(f) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's care plan created pursuant to 42 CFR 483.20.

(g) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender consumer safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.

(h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section."; and

on page 19, line 19, after "authorized", by inserting "under Illinois law"; and

on page 20, line 2, by replacing the period with "to the Department within 24 hours. Facilities shall comply with Sections 3-610 and 3-810 of the Nursing Home Care Act. The provisions under Sections 3-610 and 3-810 of the Nursing Home Care Act shall apply to employees of facilities licensed under this Act."; and

on page 20, line 4, by replacing "or crisis stabilization" with "centers"; and

on page 20, line 13, by replacing "knock" with "reasonably announce their intent to enter"; and

on page 20, immediately below line 15, by inserting the following:

"Consumers shall be free to leave at any time. If a consumer in a triage center expresses a desire to contact a third party for any purpose, the facility staff shall contact that third party on behalf of the consumer."; and

on page 21, line 6, by replacing "or crisis stabilization" with "centers"; and

on page 22, line 12, after the period, by inserting "The Department shall by rule establish criteria, hearings, and procedures for involuntary discharge."; and

on page 23, by inserting immediately below line 7 the following:

"Section 3-115. Informed consent; restraints. Informed consent shall be required for restraints consistent with the requirements contained in subsection (c) of Section 2-106 of the Nursing Home Care Act.

Section 3-116. Experimental research. No consumer shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent. The conduct of any experimental research or treatment shall be authorized and monitored by an institutional review board appointed by the executive director. The membership, operating procedures and review criteria for the institutional review board shall be prescribed under rules and regulations of the Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.

No facility shall permit experimental research or treatment to be conducted on a consumer, or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board. No executive director, or person licensed by the State to provide medical care or treatment to any person, may assist or participate in any experimental research on or treatment of a consumer, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and Professional Regulation.

The institutional review board may exempt from ongoing review research or treatment initiated on a consumer before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a consumer, if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review."; and

on page 23, line 15, by replacing "units" with "centers"; and

on page 30, line 12, by replacing "units" with "centers"; and

on page 30, line 24, after "triage", by inserting "centers"; and

on page 31, line 7, after "checks", by inserting ", consistent with Section 1-114.01, subsections (b) and (c) of Section 2-201.5, and Section 2-201.6 of the Nursing Home Care Act"; and

on page 31, line 16, after "check", by inserting ", consistent with the Health Care Worker Background Check Act"; and

on page 33, line 14 by inserting after "Act" the following: "and the rules promulgated under this Act. The Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under this Act. The Department shall not divulge or disclose the contents of a record under this Section as otherwise prohibited by this Act. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee, or agent of the Department to enter and inspect the facility in accordance with this Article. Refusal to permit such entry or inspection shall constitute grounds for denial, suspension, or revocation of a license under this Act"; and

on page 33, line 15, by deleting "scheduled"; and

on page 33, line 16, by deleting "unscheduled"; and

on page 34, by replacing lines 2 and 3 with the following:

"(a) The Department may revoke a license for any failure to substantially comply with this Act and the rules promulgated under this Act, including, but not limited to, the following:"; and

on page 34, line 5, by replacing "or" with "and"; and

on page 35, line 3, by replacing "the standards of this" with "this Act and the rules promulgated under this Act."; and

on page 35, by deleting line 4; and

on page 35, line 5, by replacing "the standards" with "this Act and the rules promulgated under this Act"; and

on page 35, line 8, by replacing "the standards" with "this Act and the rules promulgated under this Act"; and

on page 35, line 11, by replacing "the standards" with "this Act and the rules promulgated under this Act"; and

on page 35, lines 15 and 16, by replacing "the standards. The agency" with "this Act and the rules promulgated under this Act. The facility"; and

on page 36, line 7, by replacing "Part" with "Act or the rules promulgated under this Act"; and

on page 36, line 8, by replacing "agency" with "facility"; and

on page 36, line 17, by replacing "Part" with "Act or the rules promulgated under this Act"; and

on page 36, line 18, by replacing "standards" with "this Act and the rules promulgated under this Act"; and

on page 36, line 22, by replacing "agency" with "facility"; and

on page 36, line 23, by replacing "agency" with "facility"; and

on page 37, line 10, by replacing "agency" with "facility"; and

on page 37, line 11, by replacing "agency" with "facility"; and

on page 39, by inserting immediately below line 1 the following:

"Section 4-111. Notwithstanding the existence or pursuit of any other remedy, the Director of the Department may, in the manner provided by law, upon the advice of the Attorney General who shall represent the Director of the Department in the proceedings, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment of a facility without a license issued pursuant to this Act, or to restrain or prevent the opening, conduction, operating, or maintaining of a facility without a license issued pursuant to this Act. In addition, the Director of the Department may, in the manner provided by law, in the name of the People of the State and through the Attorney General who shall represent the Director of the Department in the proceedings, maintain an action for injunction or other relief or process against any licensee or other person to enforce and compel compliance with the provisions of this Act and the standards, rules, and regulations established by virtue of this Act and any order entered for any response action pursuant to this Act and such standards, rules, and regulations."; and

by deleting lines 7 through 23 of page 490, all of pages 491 through 538, and lines 1 through 20 of page 539; and

on page 544, line 26, after "research", by inserting "and education"; and

on page 545, line 17, after "research", by inserting "and education"; and

on page 548, by deleting lines 8 and 9; and

on page 578, line 24 by replacing "resident" with "residents"; and

on page 582, line 12 by inserting before "Transition" the following: "For dates of services beginning January 1, 2014, the RUG-IV nursing component per diem for a nursing home shall be the product of the statewide RUG-IV nursing base per diem rate, the facility average case mix index, and the regional wage adjustor."; and

on page 582, line 15 by replacing "subsection (d-1)" with "this subsection (e-2)"; and

on page 582, line 25 by replacing "subsection (d-1)" with "this subsection (e-2)"; and

on page 584, line 21, after "triage" by inserting "center"; and

on page 585, by inserting immediately below line 13 the following:

"Section 11-45. The Illinois Public Aid Code is amended by adding Section 5-5.4h as follows:

(305 ILCS 5/5-5.4h new)

Sec. 5-5.4h. Medicaid reimbursement for pediatric skilled nursing facilities.

(a) Facilities uniquely licensed as pediatric skilled nursing facilities that serve severely and chronically ill pediatric patients shall have a specific reimbursement system designed to recognize the characteristics and needs of the patients they serve.

(b) For dates of services starting July 1, 2013 and until a new reimbursement system is designed, pediatric skilled nursing facilities that meet the following criteria:

(1) serve exceptional care patients; and

(2) have 30% or more of their patients receiving ventilator care; shall receive Medicaid reimbursement on a 30-day expedited schedule."; and

on page 596, line 11, by replacing "60" with "75"; and

on page 597, by replacing lines 1 through 3 with the following:

"the portions of the health and life safety survey associated with federal certification and State licensure surveys must be started within 7 working days of each other. Nothing in this paragraph (1) of subsection (f) of this Section applies to a complaint investigation."; and

on page 597, line 4, after "complaint", by inserting "and incident report"; and

on page 597, by replacing lines 5 and 6 with the following: "shall permit the facility to challenge the amount of the fine due to the excessive length of"; and

on page 597, immediately below line 15, by inserting the following:

"This paragraph (2) does not apply to complaint investigations exited within 14 working days or a situation that triggers an extended survey."; and

on page 624, line 8, after "occurred,", by inserting "and the facility in which the applicant resides is notified,"; and

on page 625, line 5, by replacing "2014" with "2013"; and

on page 625, line 6, by replacing "2015" with "2014".