Sen. Kimberly A. Lightford

Filed: 6/7/2007

 

 


 

 


 
09500SB0866sam002 LRB095 05613 DRJ 37574 a

1
AMENDMENT TO SENATE BILL 866

2     AMENDMENT NO. ______. Amend Senate Bill 866, AS AMENDED, by
3 inserting the following between the enacting clause and the
4 introductory clause of Section 5:
 
5     "Section 2. The Illinois Act on the Aging is amended by
6 changing Sections 4.03 and 4.04 as follows:
 
7     (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)
8     Sec. 4.03. The Department on Aging, in cooperation with the
9 Department of Human Services and any other appropriate State,
10 local or federal agency, shall, without regard to income
11 guidelines, establish a nursing home prescreening program to
12 determine whether Alzheimer's Disease and related disorders
13 victims, and persons who are deemed as blind or disabled as
14 defined by the Social Security Act and who are in need of long
15 term care, may be satisfactorily cared for in their homes
16 through the use of home and community based services. Case

 

 

09500SB0866sam002 - 2 - LRB095 05613 DRJ 37574 a

1 coordination units under contract with the Department may
2 charge a fee for the prescreening provided under this Section
3 and the fee shall be no greater than the cost of such services
4 to the case coordination unit. At the time of each
5 prescreening, case coordination units shall provide
6 information regarding the Office of State Long Term Care
7 Ombudsman's Residents Right to Know database as authorized in
8 subsection (c-5) of Section 4.04.
9 (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
 
10     (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
11     Sec. 4.04. Long Term Care Ombudsman Program.
12     (a) Long Term Care Ombudsman Program. The Department shall
13 establish a Long Term Care Ombudsman Program, through the
14 Office of State Long Term Care Ombudsman ("the Office"), in
15 accordance with the provisions of the Older Americans Act of
16 1965, as now or hereafter amended.
17     (b) Definitions. As used in this Section, unless the
18 context requires otherwise:
19         (1) "Access" has the same meaning as in Section 1-104
20     of the Nursing Home Care Act, as now or hereafter amended;
21     that is, it means the right to:
22             (i) Enter any long term care facility or assisted
23         living or shared housing establishment or supportive
24         living facility;
25             (ii) Communicate privately and without restriction

 

 

09500SB0866sam002 - 3 - LRB095 05613 DRJ 37574 a

1         with any resident who consents to the communication;
2             (iii) Seek consent to communicate privately and
3         without restriction with any resident;
4             (iv) Inspect the clinical and other records of a
5         resident with the express written consent of the
6         resident;
7             (v) Observe all areas of the long term care
8         facility or supportive living facilities, assisted
9         living or shared housing establishment except the
10         living area of any resident who protests the
11         observation.
12         (2) "Long Term Care Facility" means (i) any facility as
13     defined by Section 1-113 of the Nursing Home Care Act, as
14     now or hereafter amended; and (ii) any skilled nursing
15     facility or a nursing facility which meets the requirements
16     of Section 1819(a), (b), (c), and (d) or Section 1919(a),
17     (b), (c), and (d) of the Social Security Act, as now or
18     hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
19     and 42 U.S.C. 1396r(a), (b), (c), and (d)).
20         (2.5) "Assisted living establishment" and "shared
21     housing establishment" have the meanings given those terms
22     in Section 10 of the Assisted Living and Shared Housing
23     Act.
24         (2.7) "Supportive living facility" means a facility
25     established under Section 5-5.01a of the Illinois Public
26     Aid Code.

 

 

09500SB0866sam002 - 4 - LRB095 05613 DRJ 37574 a

1         (3) "State Long Term Care Ombudsman" means any person
2     employed by the Department to fulfill the requirements of
3     the Office of State Long Term Care Ombudsman as required
4     under the Older Americans Act of 1965, as now or hereafter
5     amended, and Departmental policy.
6         (3.1) "Ombudsman" means any designated representative
7     of a regional long term care ombudsman program; provided
8     that the representative, whether he is paid for or
9     volunteers his ombudsman services, shall be qualified and
10     designated by the Office to perform the duties of an
11     ombudsman as specified by the Department in rules and in
12     accordance with the provisions of the Older Americans Act
13     of 1965, as now or hereafter amended.
14     (c) Ombudsman; rules. The Office of State Long Term Care
15 Ombudsman shall be composed of at least one full-time ombudsman
16 and shall include a system of designated regional long term
17 care ombudsman programs. Each regional program shall be
18 designated by the State Long Term Care Ombudsman as a
19 subdivision of the Office and any representative of a regional
20 program shall be treated as a representative of the Office.
21     The Department, in consultation with the Office, shall
22 promulgate administrative rules in accordance with the
23 provisions of the Older Americans Act of 1965, as now or
24 hereafter amended, to establish the responsibilities of the
25 Department and the Office of State Long Term Care Ombudsman and
26 the designated regional Ombudsman programs. The administrative

 

 

09500SB0866sam002 - 5 - LRB095 05613 DRJ 37574 a

1 rules shall include the responsibility of the Office and
2 designated regional programs to investigate and resolve
3 complaints made by or on behalf of residents of long term care
4 facilities, supportive living facilities, and assisted living
5 and shared housing establishments relating to actions,
6 inaction, or decisions of providers, or their representatives,
7 of long term care facilities, of supported living facilities,
8 of assisted living and shared housing establishments, of public
9 agencies, or of social services agencies, which may adversely
10 affect the health, safety, welfare, or rights of such
11 residents. When necessary and appropriate, representatives of
12 the Office shall refer complaints to the appropriate regulatory
13 State agency. The Department, in consultation with the Office,
14 shall cooperate with the Department of Human Services in
15 providing information and training to designated regional long
16 term care ombudsman programs about the appropriate assessment
17 and treatment (including information about appropriate
18 supportive services, treatment options, and assessment of
19 rehabilitation potential) of persons with mental illness
20 (other than Alzheimer's disease and related disorders).
21     The State Long Term Care Ombudsman and all other ombudsmen,
22 as defined in paragraph (3.1) of subsection (b) must submit to
23 background checks under the Health Care Worker Background Check
24 Act and receive training, as prescribed by the Illinois
25 Department on Aging, before visiting facilities. The training
26 must include information specific to assisted living

 

 

09500SB0866sam002 - 6 - LRB095 05613 DRJ 37574 a

1 establishments, supportive living facilities, and shared
2 housing establishments and to the rights of residents
3 guaranteed under the corresponding Acts and administrative
4 rules.
5     (c-5) Consumer Choice Information Reports. The Office
6 shall:
7         (1) In collaboration with the Attorney General, create
8     a Consumer Choice Information Report form to be completed
9     by all licensed long term care facilities and assisted
10     living or shared housing establishments to aid Illinoisans
11     and their families in making informed choices about long
12     term care. The Office shall create a Consumer Choice
13     Information Report for each type of licensed long term care
14     facility and assisted living or shared housing
15     establishment.
16         (2) Develop a database of Consumer Choice Information
17     Reports completed by licensed long term care facilities and
18     assisted living or shared housing establishments that
19     includes information in the following consumer categories:
20             (A) Medical Care, Services, and Treatment.
21             (B) Special Services and Amenities.
22             (C) Staffing.
23             (D) Facility Statistics and Resident Demographics.
24             (E) Ownership and Administration.
25             (F) Safety and Security.
26             (G) Meals and Nutrition.

 

 

09500SB0866sam002 - 7 - LRB095 05613 DRJ 37574 a

1             (H) Rooms, Furnishings, and Equipment.
2             (I) Family, Volunteer, and Visitation Provisions.
3         (3) Make this information accessible to the public,
4     including on the Internet by means of a hyperlink labeled
5     "Resident's Right to Know" on the Office's World Wide Web
6     home page.
7         (4) Have the authority, with the Attorney General, to
8     verify that information provided by a facility or
9     establishment is accurate.
10         (5) Request a new report from any licensed facility or
11     establishment whenever it deems necessary.
12     (d) Access and visitation rights.
13         (1) In accordance with subparagraphs (A) and (E) of
14     paragraph (3) of subsection (c) of Section 1819 and
15     subparagraphs (A) and (E) of paragraph (3) of subsection
16     (c) of Section 1919 of the Social Security Act, as now or
17     hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
18     42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
19     Older Americans Act of 1965, as now or hereafter amended
20     (42 U.S.C. 3058f), a long term care facility, supportive
21     living facility, assisted living establishment, and shared
22     housing establishment must:
23             (i) permit immediate access to any resident by a
24         designated ombudsman; and
25             (ii) permit representatives of the Office, with
26         the permission of the resident's legal representative

 

 

09500SB0866sam002 - 8 - LRB095 05613 DRJ 37574 a

1         or legal guardian, to examine a resident's clinical and
2         other records, and if a resident is unable to consent
3         to such review, and has no legal guardian, permit
4         representatives of the Office appropriate access, as
5         defined by the Department, in consultation with the
6         Office, in administrative rules, to the resident's
7         records.
8         (2) Each long term care facility, supportive living
9     facility, assisted living establishment, and shared
10     housing establishment shall display, in multiple,
11     conspicuous public places within the facility accessible
12     to both visitors and residents and in an easily readable
13     format, the address and phone number of the Office of the
14     Long Term Care Ombudsman, in a manner prescribed by the
15     Office.
16     (e) Immunity. An ombudsman or any representative of the
17 Office participating in the good faith performance of his or
18 her official duties shall have immunity from any liability
19 (civil, criminal or otherwise) in any proceedings (civil,
20 criminal or otherwise) brought as a consequence of the
21 performance of his official duties.
22     (f) Business offenses.
23         (1) No person shall:
24             (i) Intentionally prevent, interfere with, or
25         attempt to impede in any way any representative of the
26         Office in the performance of his official duties under

 

 

09500SB0866sam002 - 9 - LRB095 05613 DRJ 37574 a

1         this Act and the Older Americans Act of 1965; or
2             (ii) Intentionally retaliate, discriminate
3         against, or effect reprisals against any long term care
4         facility resident or employee for contacting or
5         providing information to any representative of the
6         Office.
7         (2) A violation of this Section is a business offense,
8     punishable by a fine not to exceed $501.
9         (3) The Director of Aging, in consultation with the
10     Office, shall notify the State's Attorney of the county in
11     which the long term care facility, supportive living
12     facility, or assisted living or shared housing
13     establishment is located, or the Attorney General, of any
14     violations of this Section.
15     (g) Confidentiality of records and identities. The
16 Department shall establish procedures for the disclosure by the
17 State Ombudsman or the regional ombudsmen entities of files
18 maintained by the program. The procedures shall provide that
19 the files and records may be disclosed only at the discretion
20 of the State Long Term Care Ombudsman or the person designated
21 by the State Ombudsman to disclose the files and records, and
22 the procedures shall prohibit the disclosure of the identity of
23 any complainant, resident, witness, or employee of a long term
24 care provider unless:
25         (1) the complainant, resident, witness, or employee of
26     a long term care provider or his or her legal

 

 

09500SB0866sam002 - 10 - LRB095 05613 DRJ 37574 a

1     representative consents to the disclosure and the consent
2     is in writing;
3         (2) the complainant, resident, witness, or employee of
4     a long term care provider gives consent orally; and the
5     consent is documented contemporaneously in writing in
6     accordance with such requirements as the Department shall
7     establish; or
8         (3) the disclosure is required by court order.
9     (h) Legal representation. The Attorney General shall
10 provide legal representation to any representative of the
11 Office against whom suit or other legal action is brought in
12 connection with the performance of the representative's
13 official duties, in accordance with the State Employee
14 Indemnification Act.
15     (i) Treatment by prayer and spiritual means. Nothing in
16 this Act shall be construed to authorize or require the medical
17 supervision, regulation or control of remedial care or
18 treatment of any resident in a long term care facility operated
19 exclusively by and for members or adherents of any church or
20 religious denomination the tenets and practices of which
21 include reliance solely upon spiritual means through prayer for
22 healing.
23 (Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)
 
24     Section 3. The Assisted Living and Shared Housing Act is
25 amended by adding Section 117 as follows:
 

 

 

09500SB0866sam002 - 11 - LRB095 05613 DRJ 37574 a

1     (210 ILCS 9/117 new)
2     Sec. 117. Consumer Choice Information Reports.
3     (a) Every establishment shall complete a Consumer Choice
4 Information Report and shall file it with the Office of State
5 Long Term Care Ombudsman electronically as prescribed by the
6 Office. The Report shall be filed annually and upon request of
7 the Office of State Long Term Care Ombudsman. The Consumer
8 Choice Information Report must be completed by the
9 establishment in full.
10     (b) A violation of any of the provisions of this Section
11 constitutes an unlawful practice under the Consumer Fraud and
12 Deceptive Business Practices Act. All remedies, penalties, and
13 authority granted to the Attorney General by the Consumer Fraud
14 and Deceptive Business Practices Act shall be available to him
15 or her for the enforcement of this Section.
16     (c) The Department of Public Health shall include
17 verification of the submission of an establishment's current
18 Consumer Choice Information Report when conducting annual
19 on-site visit under Section 110.
20     (d) Assisted living and shared housing establishments are
21 subject to this Section beginning 6 months after the effective
22 date of this amendatory Act of the 95th General Assembly.
 
23     Section 4. The Nursing Home Care Act is amended by changing
24 Sections 3-210 and 3-212 and by adding Section 2-214 as

 

 

09500SB0866sam002 - 12 - LRB095 05613 DRJ 37574 a

1 follows:
 
2     (210 ILCS 45/2-214 new)
3     Sec. 2-214. Consumer Choice Information Reports.
4     (a) Every facility shall complete a Consumer Choice
5 Information Report and shall file it with the Office of State
6 Long Term Care Ombudsman electronically as prescribed by the
7 Office. The Report shall be filed annually and upon request of
8 the Office of State Long Term Care Ombudsman. The Consumer
9 Choice Information Report must be completed by the facility in
10 full.
11     (b) A violation of any of the provisions of this Section
12 constitutes an unlawful practice under the Consumer Fraud and
13 Deceptive Business Practices Act. All remedies, penalties, and
14 authority granted to the Attorney General by the Consumer Fraud
15 and Deceptive Business Practices Act shall be available to him
16 or her for the enforcement of this Section.
17     (c) The Department of Public Health shall include
18 verification of the submission of a facility's current Consumer
19 Choice Information Report when conducting an inspection
20 pursuant to Section 3-212.
 
21     (210 ILCS 45/3-210)  (from Ch. 111 1/2, par. 4153-210)
22     Sec. 3-210. A facility shall retain the following for
23 public inspection:
24     (1) A complete copy of every inspection report of the

 

 

09500SB0866sam002 - 13 - LRB095 05613 DRJ 37574 a

1 facility received from the Department during the past 5 years;
2     (2) A copy of every order pertaining to the facility issued
3 by the Department or a court during the past 5 years;
4     (3) A description of the services provided by the facility
5 and the rates charged for those services and items for which a
6 resident may be separately charged;
7     (4) A copy of the statement of ownership required by
8 Section 3-207;
9     (5) A record of personnel employed or retained by the
10 facility who are licensed, certified or registered by the
11 Department of Professional Regulation; and
12     (6) A complete copy of the most recent inspection report of
13 the facility received from the Department.
14     (7) A copy of the current Consumer Choice Information
15 Report required by Section 2-214.
16 (Source: P.A. 85-1209)
 
17     (210 ILCS 45/3-212)  (from Ch. 111 1/2, par. 4153-212)
18     Sec. 3-212. Inspection.
19     (a) The Department, whenever it deems necessary in
20 accordance with subsection (b), shall inspect, survey and
21 evaluate every facility to determine compliance with
22 applicable licensure requirements and standards. Submission of
23 a facility's current Consumer Choice Information Report
24 required by Section 2-214 shall be verified at time of
25 inspection. An inspection should occur within 120 days prior to

 

 

09500SB0866sam002 - 14 - LRB095 05613 DRJ 37574 a

1 license renewal. The Department may periodically visit a
2 facility for the purpose of consultation. An inspection,
3 survey, or evaluation, other than an inspection of financial
4 records, shall be conducted without prior notice to the
5 facility. A visit for the sole purpose of consultation may be
6 announced. The Department shall provide training to surveyors
7 about the appropriate assessment, care planning, and care of
8 persons with mental illness (other than Alzheimer's disease or
9 related disorders) to enable its surveyors to determine whether
10 a facility is complying with State and federal requirements
11 about the assessment, care planning, and care of those persons.
12     (a-1) An employee of a State or unit of local government
13 agency charged with inspecting, surveying, and evaluating
14 facilities who directly or indirectly gives prior notice of an
15 inspection, survey, or evaluation, other than an inspection of
16 financial records, to a facility or to an employee of a
17 facility is guilty of a Class A misdemeanor.
18     An inspector or an employee of the Department who
19 intentionally prenotifies a facility, orally or in writing, of
20 a pending complaint investigation or inspection shall be guilty
21 of a Class A misdemeanor. Superiors of persons who have
22 prenotified a facility shall be subject to the same penalties,
23 if they have knowingly allowed the prenotification. A person
24 found guilty of prenotifying a facility shall be subject to
25 disciplinary action by his or her employer.
26     If the Department has a good faith belief, based upon

 

 

09500SB0866sam002 - 15 - LRB095 05613 DRJ 37574 a

1 information that comes to its attention, that a violation of
2 this subsection has occurred, it must file a complaint with the
3 Attorney General or the State's Attorney in the county where
4 the violation took place within 30 days after discovery of the
5 information.
6     (a-2) An employee of a State or unit of local government
7 agency charged with inspecting, surveying, or evaluating
8 facilities who willfully profits from violating the
9 confidentiality of the inspection, survey, or evaluation
10 process shall be guilty of a Class 4 felony and that conduct
11 shall be deemed unprofessional conduct that may subject a
12 person to loss of his or her professional license. An action to
13 prosecute a person for violating this subsection (a-2) may be
14 brought by either the Attorney General or the State's Attorney
15 in the county where the violation took place.
16     (b) In determining whether to make more than the required
17 number of unannounced inspections, surveys and evaluations of a
18 facility the Department shall consider one or more of the
19 following: previous inspection reports; the facility's history
20 of compliance with standards, rules and regulations
21 promulgated under this Act and correction of violations,
22 penalties or other enforcement actions; the number and severity
23 of complaints received about the facility; any allegations of
24 resident abuse or neglect; weather conditions; health
25 emergencies; other reasonable belief that deficiencies exist.
26     (b-1) The Department shall not be required to determine

 

 

09500SB0866sam002 - 16 - LRB095 05613 DRJ 37574 a

1 whether a facility certified to participate in the Medicare
2 program under Title XVIII of the Social Security Act, or the
3 Medicaid program under Title XIX of the Social Security Act,
4 and which the Department determines by inspection under this
5 Section or under Section 3-702 of this Act to be in compliance
6 with the certification requirements of Title XVIII or XIX, is
7 in compliance with any requirement of this Act that is less
8 stringent than or duplicates a federal certification
9 requirement. In accordance with subsection (a) of this Section
10 or subsection (d) of Section 3-702, the Department shall
11 determine whether a certified facility is in compliance with
12 requirements of this Act that exceed federal certification
13 requirements. If a certified facility is found to be out of
14 compliance with federal certification requirements, the
15 results of an inspection conducted pursuant to Title XVIII or
16 XIX of the Social Security Act may be used as the basis for
17 enforcement remedies authorized and commenced under this Act.
18 Enforcement of this Act against a certified facility shall be
19 commenced pursuant to the requirements of this Act, unless
20 enforcement remedies sought pursuant to Title XVIII or XIX of
21 the Social Security Act exceed those authorized by this Act. As
22 used in this subsection, "enforcement remedy" means a sanction
23 for violating a federal certification requirement or this Act.
24     (c) Upon completion of each inspection, survey and
25 evaluation, the appropriate Department personnel who conducted
26 the inspection, survey or evaluation shall submit a copy of

 

 

09500SB0866sam002 - 17 - LRB095 05613 DRJ 37574 a

1 their report to the licensee upon exiting the facility, and
2 shall submit the actual report to the appropriate regional
3 office of the Department. Such report and any recommendations
4 for action by the Department under this Act shall be
5 transmitted to the appropriate offices of the associate
6 director of the Department, together with related comments or
7 documentation provided by the licensee which may refute
8 findings in the report, which explain extenuating
9 circumstances that the facility could not reasonably have
10 prevented, or which indicate methods and timetables for
11 correction of deficiencies described in the report. Without
12 affecting the application of subsection (a) of Section 3-303,
13 any documentation or comments of the licensee shall be provided
14 within 10 days of receipt of the copy of the report. Such
15 report shall recommend to the Director appropriate action under
16 this Act with respect to findings against a facility. The
17 Director shall then determine whether the report's findings
18 constitute a violation or violations of which the facility must
19 be given notice. Such determination shall be based upon the
20 severity of the finding, the danger posed to resident health
21 and safety, the comments and documentation provided by the
22 facility, the diligence and efforts to correct deficiencies,
23 correction of the reported deficiencies, the frequency and
24 duration of similar findings in previous reports and the
25 facility's general inspection history. Violations shall be
26 determined under this subsection no later than 60 days after

 

 

09500SB0866sam002 - 18 - LRB095 05613 DRJ 37574 a

1 completion of each inspection, survey and evaluation.
2     (d) The Department shall maintain all inspection, survey
3 and evaluation reports for at least 5 years in a manner
4 accessible to and understandable by the public.
5 (Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)"; and
 
6 after the last line of Section 10, by inserting the following:
 
7     "Section 15. The Consumer Fraud and Deceptive Business
8 Practices Act is amended by adding Section 2ZZ as follows:
 
9     (815 ILCS 505/2ZZ new)
10     Sec. 2ZZ. Long term care facility or assisted living or
11 shared housing establishment; Consumer Choice Information
12 Report. A long term care facility that fails to comply with
13 Section 2-214 of the Nursing Home Care Act, or an assisted
14 living or shared housing establishment that fails to comply
15 with Section 117 of the Assisted Living and Shared Housing Act,
16 commits an unlawful practice within the meaning of this Act.".