Sen. David Koehler
Filed: 3/30/2016
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2301




2    AMENDMENT NO. ______. Amend Senate Bill 2301 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 1. Short title. This Act may be cited as the 
5Alzheimer's Disease and Related Dementias Services Act.
 
6    Section 5. Purpose. The General Assembly finds that 
7oversight of Alzheimer's disease and related dementias 
8services is in the best interests of individuals diagnosed with 
9Alzheimer's disease or a dementia-related disease and their 
10families and friends struggling to find appropriate services 
11and care.  As such, it is the intent of the General Assembly 
12that all Alzheimer's disease and related dementias services 
13shall comply with rules adopted by the Department in compliance 
14with this Act.  
 
15    Section 10. Definitions. In this Act: 
 
 
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1    "Department" means the Department of Public Health.
2    "Director" means the Director of Public Health.

3    "Alzheimer's disease and related dementias services" means 
4services offered to individuals diagnosed with Alzheimer's 
5disease or a  dementia-related disease for the purpose of 
6managing the individual's disease.
 
7    Section 15. Applicability.  Programs covered by this Act 
8include, but are not limited to, health care facilities and 
9hospitals licensed or certified by the Assisted Living and 
10Shared Housing Act; Community Living Facilities Licensing Act; 
11Life Care Facilities Act; Nursing Home Care Act; MC/DD Act; 
12ID/DD Community Care Act; Specialized Mental Health 
13Rehabilitation Act of 2013; Home Health, Home Services, and 
14Home Nursing Agency Licensing Act; Hospice Program Licensing 
15Act; End Stage Renal Disease Facility Act; Hospital Licensing 
16Act; Community-Integrated Living Arrangements Licensure and 
17Certification Act; Community Residential Alternatives 
18Licensing Act; and the University of Illinois Hospital Act. 
19Regardless of State licensure or certification, programs 
20covered by this Act also include any individual or entity in 
21the State that holds himself, herself, or itself out as a 
22provider of Alzheimer's disease and related dementias 
23services.
 
24    Section 20. Alzheimer's disease and related dementias 
 
 
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1services guidelines.
2    (a) The Department shall no later than January 1, 2017 
3publish proposed rules to implement this Act.
4    (b) The Department shall be granted authority to initiate 
5discussions with all affected provider groups, advocate 
6organizations, and other individuals and groups identified by 
7the Director to be critical to the development of applicable 
8rules upon this Act becoming law.

 
9    Section 25. Covered services, disclosures, prohibition, 
10preemption.    Upon the adoption of rules implementing this Act:
11        (1) Any and all Alzheimer's disease or related 
12    dementias services shall comply with the Alzheimer's 
13    disease and related dementias services guidelines, except 
14    as provided in subsection (d).
15        (2) Materials defining the philosophy of the services, 
16    specific services offered, and behavior management tactics 
17    and drug therapies employed shall be provided upon 
18    admission or enrollment, or earlier upon request, 
19    including a disclaimer that the services are not certified 
20    under the Alzheimer's Disease and Related Dementias 
21    Special Care Disclosure Act.
22        (3) Advertising or verbally offering to provide 
23    Alzheimer's disease and related dementias services that 
24    are not in compliance with the requirements set forth in 
25    this Act is prohibited.
 
 
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1        (4) If a  conflict occurs between this Act and  the 
2    Assisted Living and Shared Housing Act, the Nursing Home 
3    Care Act, or the Alzheimer's Disease and Related Dementias 
4    Special Care Disclosure Act,
then the Assisted Living and 
5    Shared Housing Act, the Nursing Home Care Act, or the 
6    Alzheimer's Disease and Related Dementias Special Care 
7    Disclosure Act shall prevail.
 
8    Section 30. Staff training.
9    (a) Staff with direct access to clients with Alzheimer's 
10disease or a  related dementia hired prior to the adoption of 
11rules implementing this Act shall receive a minimum of 6 hours 
12of initial training within 90 days after the effective date of 
13this Act using Alzheimer's disease and related dementias 
14services certified by the Department, except as provided in 
15subsection (c).
16    (b) Staff with direct access to clients with Alzheimer's 
17disease or a related dementia hired after the adoption of rules 
18implementing this Act shall complete a minimum of 6 hours of 
19initial training in the first 60 days of employment using    an 
20Alzheimer's disease and related dementias services curriculum 
21certified by the Department, except as provided in subsection 
22(c).
23    (c) Subsections (a) and (b) shall not apply to the 
24following:
25        (1) staff who received at least 6 hours of comparable 
 
 
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1    training in compliance with licensure or certified 
2    training requirements; and
3        (2) staff temporarily hired by a facility licensed 
4    under the Nursing Home Care Act to permit the facility to 
5    meet statutory staffing requirements.
6    (d) An Alzheimer's disease and related dementias services 
7curriculum certified by the Department must include at a 
8minimum the following topics:  understanding dementia, 
9effectively communicating with individuals with dementia, 
10assisting individuals with dementia in performing activities 
11of daily living, problem solving with individuals with dementia 
12who exhibit challenging behavior, fundamentals of dementia 
13care, safe environments, and managing the activities of 
14individuals with dementia.
15    (e) An individual who received training consistent with the 
16requirements of this Section while employed by another program 
17or through an educational institution or an individual with 3 
18or more years of experience working with Alzheimer's disease 
19and related dementias services may petition the Department for 
20a waiver of the initial training requirements set forth in this 
21Section.  The Department shall evaluate each request on a case 
22by case basis.
23    (f) Upon the adoption of rules implementing this Act, staff 
24with direct access to clients with dementia shall receive 3 
25hours of advanced training on caring for individuals with 
26Alzheimer's disease and related dementias each year.
 
 
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1    (g)  Upon the adoption of rules implementing this Act, 
2Alzheimer's disease and related dementias services program 
3employers shall maintain training records and make them 
4available to the Department on request.

 
5    Section 35. Program director. Upon the adoption of rules 
6implementing this Act, in addition to the training required 
7under Section 30 of this Act, the director of an Alzheimer's 
8disease and related dementias services program shall complete a 
9nationally recognized certification program from a list 
10compiled by the Department or have 5 years of experience as a 
11director of an Alzheimer's disease and  related dementias 
12services program.
 
13    Section 40. Penalties. 
14    (a) Any entity licensed, certified, or regulated by the 
15State that knowingly holds itself out as a provider of 
16Alzheimer's disease and related dementias services and fails to 
17comply with this Act is deemed to have violated the statute or 
18statutes governing the  licensure, certification, or regulation 
19of the entity and any contract or agreement the entity has with 
20the State.
21    (b) Any entity not operated by the federal government or 
22any agency thereof or individual not covered by subsection (a) 
23that knowingly holds himself, herself, or itself out as a 
24provider of Alzheimer's disease and related dementias services 
 
 
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1and fails to comply with this Act is guilty of a business 
2offense punishable by a fine of at least $1,001.
 
3    Section 45. Evaluation. Twenty-four months after the 
4adoption of compliance rules implementing this Act, the 
5Department shall convene a work group made up of advocates for 
6program participants, experts in Alzheimer's disease and 
7related dementias services programming, and providers of 
8programs covered by this Act to evaluate the effectiveness of 
9this Act. The work group shall notify the Director and General 
10Assembly of whether it recommends the reauthorization of the 
11Act and any recommended changes.  
 
12    Section 90. Repealer. 
13    (a) This Act is repealed as provided in subsection (b) of 
14this Section unless the General Assembly authorizes an 
15extension of the Act for an additional period of 36 months.
16    (b) Upon the adoption of rules implementing this Act, the 
17Department shall file with the Index Department of the Office 
18of the Secretary of State a declaration to that effect, and 
19shall notify the Clerk of the House of Representatives, the 
20Secretary of the Senate, and the Legislative Reference Bureau 
21of the filing of the declaration. This Act is repealed 36 
22months after the date specified in the declaration.
 
 
23    Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.".