95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1301


 
Introduced 2/20/2007, by Rep. Joseph M. Lyons
 
SYNOPSIS AS INTRODUCED:
 		














20 ILCS 105/4.04
  from Ch. 23, par. 6104.04







    Amends the Illinois Act on Aging. Allows the Long Term Care Ombudsman to communicate with, seek consent of, inspect records of, and do other things concerning nursing home residents, "regardless of age". Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1301

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    AN ACT concerning State government.

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


 
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    Section 5. The Illinois Act on the Aging is amended  by 
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changing Section 4.04 as follows:
 



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    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)



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    Sec. 4.04. Long Term Care Ombudsman Program. 

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    (a) Long Term Care Ombudsman Program. The Department shall

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establish a Long Term Care Ombudsman Program, through the 
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Office of State
Long Term Care Ombudsman ("the Office"), in 
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accordance with the provisions of
the Older Americans Act of 
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1965, as now or hereafter amended.

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    (b) Definitions. As used in this Section, unless the 
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context requires
otherwise:


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        (1) "Access" has the same meaning as in Section 1-104 
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    of the Nursing
Home Care Act, as now or hereafter amended; 
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    that is, it means the right to:


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            (i) Enter any long term care facility or assisted 
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        living or shared
housing establishment or supportive 
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        living facility;


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            (ii) Communicate privately and without restriction 
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        with any resident, regardless of age,
who consents to 
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        the communication;


 


 






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            (iii) Seek consent to communicate privately and 
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        without restriction
with any resident, regardless of 
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        age;


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            (iv) Inspect the clinical and other records of a 
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        resident, regardless of age, with the
express written 
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        consent of the resident;


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            (v) Observe all areas of the long term care 
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        facility or supportive
living facilities, assisted 
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        living or shared housing establishment except the

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        living area of any resident who protests the 
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        observation.


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        (2) "Long Term Care Facility" means (i) any facility as 
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    defined by Section
1-113 of the Nursing Home Care Act, as 
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    now or hereafter amended; and (ii) any
skilled nursing 
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    facility or a nursing facility which meets the
requirements 
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    of Section 1819(a), (b), (c), and (d) or Section 1919(a), 
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    (b),
(c), and (d) of the Social Security Act, as now or 
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    hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) 
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    and 42 U.S.C. 1396r(a), (b), (c), and
(d)).


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        (2.5) "Assisted living establishment" and "shared 
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    housing establishment"
have the meanings given those terms 
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    in Section 10 of the Assisted Living and
Shared Housing 
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    Act.


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        (2.7) "Supportive living facility" means a facility 
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    established under
Section 5-5.01a of the Illinois Public 
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    Aid Code.


 


 






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        (3) "State Long Term Care Ombudsman" means any person 
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    employed by the
Department to fulfill
the requirements of 
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    the Office of State Long Term Care Ombudsman as
required 
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    under the Older Americans Act of 1965, as now or hereafter 
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    amended,
and Departmental policy.


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        (3.1) "Ombudsman" means any designated representative 
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    of a regional long
term care ombudsman program; provided 
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    that the representative, whether he is
paid for or 
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    volunteers his ombudsman services, shall be qualified and

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    designated by the Office to perform the duties of an 
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    ombudsman as specified by
the Department in rules and in 
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    accordance with the provisions of
the Older Americans Act 
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    of 1965, as now or hereafter amended.

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    (c) Ombudsman; rules. The Office of State Long Term Care 
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Ombudsman shall
be composed of at least one full-time ombudsman 
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and shall include a system of
designated regional long term 
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care ombudsman programs. Each regional program
shall be 
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designated by the State Long Term Care Ombudsman as a 
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subdivision of
the Office and any representative of a regional 
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program shall be treated as a
representative of the Office.

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    The Department, in consultation with the Office, shall 
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promulgate
administrative rules in accordance with the 
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provisions of the Older Americans
Act of 1965, as now or 
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hereafter amended, to establish the responsibilities of
the 
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Department and the Office of State Long Term Care Ombudsman and 
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the
designated regional Ombudsman programs. The administrative 
 


 






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rules shall include
the responsibility of the Office and 
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designated regional programs to
investigate and resolve 
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complaints made by or on behalf of residents of long
term care 
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facilities, supportive living facilities, and assisted living 
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and
shared housing establishments, regardless of the  age of the 
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residents, relating to actions, inaction, or
decisions of 
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providers, or their representatives, of long term care

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facilities, of supported living facilities, of assisted living 
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and shared
housing establishments, of public agencies, or of 
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social services agencies,
which may adversely affect the 
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health, safety, welfare, or rights of such
residents.
When 
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necessary and appropriate, representatives of the Office shall 
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refer
complaints to the appropriate regulatory State agency.

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The Department, in consultation with the Office, shall 
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cooperate with the
Department of Human Services in providing 
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information and training to
designated regional long term care 
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ombudsman programs about the appropriate
assessment and 
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treatment (including information about appropriate supportive

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services, treatment options, and assessment of rehabilitation 
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potential) of
persons with mental illness (other than 
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Alzheimer's disease and related
disorders).
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    The State Long Term Care Ombudsman and all other ombudsmen, 
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as defined in paragraph (3.1) of subsection (b)  must submit to 
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background checks under the Health Care Worker Background Check 
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Act and receive training, as prescribed by the Illinois 
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Department on Aging, before visiting facilities.  The training 
 


 






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must include information specific to assisted living 
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establishments, supportive living facilities, and shared 
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housing establishments and to the rights of residents 
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guaranteed under the corresponding Acts and administrative 
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rules.


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    (d) Access and visitation rights.


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        (1) In accordance with subparagraphs (A) and (E) of 
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    paragraph (3) of
subsection (c) of Section 1819
and 
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    subparagraphs (A) and (E) of paragraph (3) of subsection 
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    (c) of Section
1919 of the Social Security Act, as now or 
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    hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 
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    42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the 
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    Older Americans Act of 1965, as now or hereafter
amended 
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    (42 U.S.C. 3058f), a long term care facility, supportive 
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    living
facility, assisted living
establishment, and shared 
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    housing establishment must:


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            (i) permit immediate access to any resident, 
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        regardless of age, by a designated
ombudsman; and


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            (ii) permit representatives of the Office, with 
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        the permission of the
resident's legal representative 
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        or legal guardian, to examine a resident's
clinical and 
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        other records, regardless of the age of the resident, 
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        and if a resident is unable to consent to such
review, 
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        and has no legal guardian, permit representatives of 
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        the Office
appropriate access, as defined by the 
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        Department, in consultation with the
Office, in 
 


 






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        administrative rules, to the resident's records.


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        (2) Each long term care facility, supportive living 
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    facility, assisted
living establishment, and
shared 
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    housing establishment shall display, in multiple, 
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    conspicuous
public places within the facility accessible 
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    to both visitors and residents and
in an easily readable 
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    format, the address and phone number of the Office of the

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    Long Term Care Ombudsman, in a manner prescribed by the 
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    Office.

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    (e) Immunity. An ombudsman or any representative of the 
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Office participating
in the good faith performance of his or 
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her official duties
shall have immunity from any liability 
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(civil, criminal or otherwise) in
any proceedings (civil, 
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criminal or otherwise) brought as a consequence of
the 
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performance of his official duties.

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    (f) Business offenses.


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        (1) No person shall:


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            (i) Intentionally prevent, interfere with, or 
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        attempt to impede in any
way any representative of the 
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        Office in the performance of his
official
duties under 
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        this Act and the Older Americans Act of 1965; or


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            (ii) Intentionally retaliate, discriminate 
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        against, or effect reprisals
against any long term care 
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        facility resident or employee for contacting or

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        providing information to any representative of the 
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        Office.


 


 






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        (2) A violation of this Section is a business offense, 
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    punishable by a
fine not to exceed $501.


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        (3) The Director of Aging, in consultation with the 
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    Office, shall
notify the State's Attorney of the
county in 
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    which the long term care facility, supportive living 
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    facility, or
assisted living or shared housing 
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    establishment is located,
or the Attorney General, of any 
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    violations of this Section.

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    (g) Confidentiality of records and identities. The 
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Department shall
establish procedures for the disclosure by the 
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State Ombudsman or the regional
ombudsmen
entities of files 
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maintained by the program. The procedures shall provide that

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the files and records may be disclosed only at the discretion 
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of the State Long
Term Care
Ombudsman or the person designated 
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by the State Ombudsman to disclose the files
and records, and 
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the procedures shall prohibit the disclosure of the identity
of 
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any complainant, resident, witness, or employee of a long term 
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care provider
unless:


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        (1) the complainant, resident, witness, or employee of 
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    a long term care
provider or his or her legal 
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    representative consents to the disclosure and the
consent 
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    is in writing;


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        (2) the complainant, resident, witness, or employee of 
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    a long term care
provider gives consent orally; and the 
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    consent is documented contemporaneously
in writing in

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    accordance with such requirements as the Department shall 
 


 






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    establish; or


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        (3) the disclosure is required by court order.

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    (h) Legal representation. The Attorney General shall

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provide legal representation to any representative of the 
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Office
against
whom suit or other legal action is brought in 
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connection with the
performance of the representative's 
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official duties, in accordance with the
State Employee 
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Indemnification Act.

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    (i) Treatment by prayer and spiritual means. Nothing in 
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this Act shall
be construed to authorize or require the medical 
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supervision, regulation
or control of remedial care or 
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treatment of any resident in a long term
care facility operated 
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exclusively by and for members or adherents of any
church or 
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religious denomination the tenets and practices of which 
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include
reliance solely upon spiritual means through prayer for 
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healing.

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(Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.