HB3629 103RD GENERAL ASSEMBLY

LRB103 30276 CPF 56704 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3629

Introduced 2/17/2023, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

210 ILCS 45/Art. V heading new
210 ILCS 45/5-101 new
210 ILCS 45/5-105 new
210 ILCS 45/5-110 new

Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by adding Article V as follows:

(210 ILCS 45/Art. V heading new)

ARTICLE V TRANSITIONAL AND EMERGENCY HOME SERVICES

(210 ILCS 45/5-101 new)

Sec. 5-101. Transitional and Emergency Home Services.

(a) Within 4 months of the effective date of this amendatory Act of the 103rd General Assembly, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. The short-term services shall cover both: (i) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of the individual's other home services providers; and (ii) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. To accomplish this goal, at a minimum the program must:

(1) determine eligibility for those at risk of placement in a facility in no more than 24 hours from the time of the request for services;

(2) provide every service available under any State Medicaid waiver program. Those services shall include, but not be limited to, medication management, toileting, transferring, catheterization, and bathing;

(3) provide emergency services to State waiver recipients who experience a temporary, unanticipated interruption in services, regardless of the type of waiver serving the recipient or the age of the recipient; and

(4) for those at risk of placement in a facility, the short-term service must continue until a full assessment of waiver eligibility is complete and there is either a finding of ineligibility for waiver services or long-term services under the appropriate waiver have begun.

(210 ILCS 45/5-105 new)

Sec. 5-105. Personal needs allowance.

(a) A person receiving benefits under Title XVI of the Social Security Act, or 42 U.S.C. 1381 and residing in a facility, shall receive a personal needs allowance of $90 per month, with the Department of Human Services providing $60 per month in addition to the amount required under Title XVI of the Social Security Act.

(b) Beginning January 1 of the year following the effective date of this amendatory Act of the 103rd General Assembly, and each year thereafter, the personal needs allowance shall be increased by the percentage cost-of-living adjustment for the Old Age, Survivors, and Disability Social Security Benefits as published by the federal Social Security Administration, subject to the maximum personal needs allowance permissible under the federal Social Security Act.

(210 ILCS 45/5-110 new)

Sec. 5-110. Prohibition on retaliation for resident or facility employee complaint.

(a) Facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility.

(b) There is a rebuttable presumption of retaliation if a resident or employee experiences reduced access to services, neglect, selective restrictions, hostility, transfer to another facility, reduction of work hours, reassignment to less desirable hours, or threats to take any of these actions within a year after a resident or employee:

(1) complains of violations or problems applicable to the facility to a competent governmental agency, elected representative, or other individual responsible for enforcing any code applicable to a facility;

(2) complains of violations or problems applicable to a facility to a community organization or the news media;

(3) complains of violations or problems applicable to a facility to an ombudsman;

(4) complains of building, health, or similar code violations or an illegal facility practice to any government official, ombudsman, or member of the public;

(5) seeks the assistance of a community organization, union, or the news media to remedy a violation or improper practice;

(6) seeks assistance for themselves or others to transition to independent living;

(7) requests the facility make repairs, address grievances, meet regulatory requirements under a building code, health ordinance, or other regulation;

(8) requests the facility comply with a care plan;

(9) becomes a member of a resident council, resident union, employee union, or similar organization;

(10) testifies in any court or administrative proceeding concerning the condition of the facility; or

(11) took other good faith action in support of any other right or remedy provided by law.

(c) Whoever retaliates as prohibited by this Act is liable for each and every offense for all remedies available at law, including, but not limited to, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, plus attorney's fees and costs. In addition, where the facility or facility management is found to have retaliated as prohibited by this Act, the facility is liable to the complaining resident for a penalty in the additional amount of 2 times the facility's monthly billing for that resident.

(d) A resident may allege retaliation as an affirmative defense to any action to remove or transfer the resident from a facility.

(e) A claim for retaliation under this Act may be filed in any court of competent jurisdiction or any administrative hearing process operated by or through the State and its departments.

(f) The Office of the State Long Term Care Ombudsman shall have the power, either directly or by contract with another entity, to provide legal services to represent residents who experience retaliation as prohibited by this Act.

(g) The Attorney General shall have the power to enjoin retaliation and seek payment of the penalty provided in subsection (c) when the retaliatory conduct impacts 3 or more residents or employees.