Full Text of SB2726 93rd General Assembly
SB2726sam002 93RD GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/3/2004
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| AMENDMENT TO SENATE BILL 2726
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| AMENDMENT NO. ______. Amend Senate Bill 2726, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Act on the Aging is amended by | 6 |
| 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 | 11 |
| Office of State
Long Term Care Ombudsman ("the Office"), in | 12 |
| accordance with the provisions of
the Older Americans Act of | 13 |
| 1965, as now or hereafter amended.
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| (b) Definitions. As used in this Section, unless the | 15 |
| context requires
otherwise:
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| (1) "Access" has the same meaning as in Section 1-104 | 17 |
| of the Nursing
Home Care Act, as now or hereafter amended; | 18 |
| that is, it means the right to:
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| (i) Enter any long term care facility or assisted | 20 |
| living or shared
housing establishment or supportive | 21 |
| living facility;
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| (ii) Communicate privately and without restriction | 23 |
| with any resident
who consents to the communication;
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| (iii) Seek consent to communicate privately and |
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| without restriction
with any resident;
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| (iv) Inspect the clinical and other records of a | 3 |
| resident with the
express written consent of the | 4 |
| resident;
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| (v) Observe all areas of the long term care | 6 |
| facility or supportive
living facilities, assisted | 7 |
| living or shared housing establishment except the
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| living area of any resident who protests the | 9 |
| observation.
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| (2) "Long Term Care Facility" means (i) any facility as | 11 |
| defined by Section
1-113 of the Nursing Home Care Act, as | 12 |
| now or hereafter amended; and (ii) any
skilled nursing | 13 |
| facility or a nursing facility which meets the
requirements | 14 |
| of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 15 |
| (b),
(c), and (d) of the Social Security Act, as now or | 16 |
| hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 17 |
| and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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| (2.5) "Assisted living establishment" and "shared | 19 |
| housing establishment"
have the meanings given those terms | 20 |
| in Section 10 of the Assisted Living and
Shared Housing | 21 |
| Act.
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| (2.7) "Supportive living facility" means a facility | 23 |
| established under
Section 5-5.01a of the Illinois Public | 24 |
| Aid Code.
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| (3) "State Long Term Care Ombudsman" means any person | 26 |
| employed by the
Department to fulfill
the requirements of | 27 |
| the Office of State Long Term Care Ombudsman as
required | 28 |
| under the Older Americans Act of 1965, as now or hereafter | 29 |
| amended,
and Departmental policy.
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| (3.1) "Ombudsman" means any designated representative | 31 |
| of a regional long
term care ombudsman program; provided | 32 |
| that the representative, whether he is
paid for or | 33 |
| 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 | 2 |
| accordance with the provisions of
the Older Americans Act | 3 |
| of 1965, as now or hereafter amended.
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| (c) Ombudsman; rules. The Office of State Long Term Care | 5 |
| Ombudsman shall
be composed of at least one full-time ombudsman | 6 |
| and shall include a system of
designated regional long term | 7 |
| care ombudsman programs. Each regional program
shall be | 8 |
| designated by the State Long Term Care Ombudsman as a | 9 |
| subdivision of
the Office and any representative of a regional | 10 |
| program shall be treated as a
representative of the Office.
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| The Department, in consultation with the Office, shall | 12 |
| promulgate
administrative rules in accordance with the | 13 |
| provisions of the Older Americans
Act of 1965, as now or | 14 |
| hereafter amended, to establish the responsibilities of
the | 15 |
| Department and the Office of State Long Term Care Ombudsman and | 16 |
| the
designated regional Ombudsman programs. The administrative | 17 |
| rules shall include
the responsibility of the Office and | 18 |
| designated regional programs to
investigate and resolve | 19 |
| complaints made by or on behalf of residents of long
term care | 20 |
| facilities, supportive living facilities, and assisted living | 21 |
| and
shared housing establishments relating to actions, | 22 |
| inaction, or
decisions of providers, or their representatives, | 23 |
| of long term care
facilities, of supported living facilities, | 24 |
| of assisted living and shared
housing establishments, of public | 25 |
| agencies, or of social services agencies,
which may adversely | 26 |
| affect the health, safety, welfare, or rights of such
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| residents.
When necessary and appropriate, representatives of | 28 |
| the Office shall refer
complaints to the appropriate regulatory | 29 |
| State agency.
The Department, in consultation with the Office, | 30 |
| shall cooperate with the
Department of Human Services in | 31 |
| providing information and training to
designated regional long | 32 |
| term care ombudsman programs about the appropriate
assessment | 33 |
| and treatment (including information about appropriate | 34 |
| supportive
services, treatment options, and assessment of |
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| rehabilitation potential) of
persons with mental illness | 2 |
| (other than Alzheimer's disease and related
disorders). | 3 |
| The State Long Term Care Ombudsman and all other ombudsmen, | 4 |
| as defined in paragraph (3.1) of subsection (b) must submit to | 5 |
| background checks under the Health Care Worker Background Check | 6 |
| Act and receive training, as prescribed by the Illinois | 7 |
| Department on Aging, before visiting facilities. The training | 8 |
| must include information specific to assisted living | 9 |
| establishments, supportive living facilities, and shared | 10 |
| housing establishments and to the rights of residents | 11 |
| guaranteed under the corresponding Acts and administrative | 12 |
| rules.
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| (d) Access and visitation rights.
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| (1) In accordance with subparagraphs (A) and (E) of | 15 |
| paragraph (3) of
subsection (c) of Section 1819
and | 16 |
| subparagraphs (A) and (E) of paragraph (3) of subsection | 17 |
| (c) of Section
1919 of the Social Security Act, as now or | 18 |
| hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 19 |
| 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 20 |
| Older Americans Act of 1965, as now or hereafter
amended | 21 |
| (42 U.S.C. 3058f), a long term care facility, supportive | 22 |
| living
facility, assisted living
establishment, and shared | 23 |
| housing establishment must:
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| (i) permit immediate access to any resident by a | 25 |
| designated
ombudsman; and
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| (ii) permit representatives of the Office, with | 27 |
| the permission of the
resident's legal representative | 28 |
| or legal guardian, to examine a resident's
clinical and | 29 |
| other records, and if a resident is unable to consent | 30 |
| to such
review, and has no legal guardian, permit | 31 |
| representatives of the Office
appropriate access, as | 32 |
| defined by the Department, in consultation with the
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| Office, in administrative rules, to the resident's | 34 |
| records.
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| (2) Each long term care facility, supportive living | 2 |
| facility, assisted
living establishment, and
shared | 3 |
| housing establishment shall display, in multiple, | 4 |
| conspicuous
public places within the facility accessible | 5 |
| to both visitors and residents and
in an easily readable | 6 |
| 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 | 8 |
| Office.
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| (e) Immunity. An ombudsman or any representative of the | 10 |
| Office participating
in the good faith performance of his or | 11 |
| her official duties
shall have immunity from any liability | 12 |
| (civil, criminal or otherwise) in
any proceedings (civil, | 13 |
| criminal or otherwise) brought as a consequence of
the | 14 |
| 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 | 18 |
| attempt to impede in any
way any representative of the | 19 |
| Office in the performance of his
official
duties under | 20 |
| this Act and the Older Americans Act of 1965; or
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| (ii) Intentionally retaliate, discriminate | 22 |
| against, or effect reprisals
against any long term care | 23 |
| facility resident or employee for contacting or
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| providing information to any representative of the | 25 |
| Office.
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| (2) A violation of this Section is a business offense, | 27 |
| punishable by a
fine not to exceed $501.
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| (3) The Director of Aging, in consultation with the | 29 |
| Office, shall
notify the State's Attorney of the
county in | 30 |
| which the long term care facility, supportive living | 31 |
| facility, or
assisted living or shared housing | 32 |
| establishment is located,
or the Attorney General, of any | 33 |
| 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 | 2 |
| State Ombudsman or the regional
ombudsmen
entities of files | 3 |
| maintained by the program. The procedures shall provide that
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| the files and records may be disclosed only at the discretion | 5 |
| of the State Long
Term Care
Ombudsman or the person designated | 6 |
| by the State Ombudsman to disclose the files
and records, and | 7 |
| the procedures shall prohibit the disclosure of the identity
of | 8 |
| any complainant, resident, witness, or employee of a long term | 9 |
| care provider
unless:
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| (1) the complainant, resident, witness, or employee of | 11 |
| a long term care
provider or his or her legal | 12 |
| representative consents to the disclosure and the
consent | 13 |
| is in writing;
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| (2) the complainant, resident, witness, or employee of | 15 |
| a long term care
provider gives consent orally; and the | 16 |
| consent is documented contemporaneously
in writing in
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| accordance with such requirements as the Department shall | 18 |
| 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 | 22 |
| Office
against
whom suit or other legal action is brought in | 23 |
| connection with the
performance of the representative's | 24 |
| official duties, in accordance with the
State Employee | 25 |
| Indemnification Act.
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| (i) Treatment by prayer and spiritual means. Nothing in | 27 |
| this Act shall
be construed to authorize or require the medical | 28 |
| supervision, regulation
or control of remedial care or | 29 |
| treatment of any resident in a long term
care facility operated | 30 |
| exclusively by and for members or adherents of any
church or | 31 |
| religious denomination the tenets and practices of which | 32 |
| include
reliance solely upon spiritual means through prayer for | 33 |
| healing.
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| (Source: P.A. 93-241, eff. 7-22-03.)
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| Section 10. The Health Care Worker Background Check Act is | 2 |
| amended by changing Section 15 as follows:
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| (225 ILCS 46/15)
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| Sec. 15. Definitions. For the purposes of this Act, the | 5 |
| following
definitions apply:
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| "Applicant" means an individual seeking employment with a | 7 |
| health care
employer who has received a bona fide conditional | 8 |
| offer of employment.
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| "Conditional offer of employment" means a bona fide offer | 10 |
| of employment by a
health care employer to an applicant, which | 11 |
| is contingent upon the receipt of a
report from the Department | 12 |
| of State Police indicating that the applicant does
not have a | 13 |
| record of conviction of any of the criminal offenses enumerated | 14 |
| in
Section 25.
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| "Direct care" means the provision of nursing care or | 16 |
| assistance with feeding,
dressing, movement, bathing, | 17 |
| toileting, or other personal needs. The entity
responsible for | 18 |
| inspecting and licensing, certifying, or registering the
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| health care employer may, by administrative rule, prescribe | 20 |
| guidelines for
interpreting this definition with regard to the | 21 |
| health care employers that it
licenses.
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| "Health care employer" means:
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| (1) the owner or licensee of any of the
following:
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| (i) a community living facility, as defined in the | 25 |
| Community Living
Facilities Act;
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| (ii) a life care facility, as defined in the Life Care | 27 |
| Facilities Act;
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| (iii) a long-term care facility, as defined in the | 29 |
| Nursing Home Care Act;
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| (iv) a home health agency, as defined in the Home | 31 |
| Health Agency Licensing
Act;
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| (v) a full hospice, as defined in the Hospice Program |
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| Licensing Act;
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| (vi) a hospital, as defined in the Hospital Licensing | 3 |
| Act;
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| (vii) a community residential alternative, as defined | 5 |
| in the Community
Residential Alternatives Licensing Act;
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| (viii) a nurse agency, as defined in the Nurse Agency | 7 |
| Licensing Act;
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| (ix) a respite care provider, as defined in the Respite | 9 |
| Program Act;
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| (ix-a) an establishment licensed under the Assisted | 11 |
| Living and Shared
Housing Act;
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| (x) a supportive living program, as defined in the | 13 |
| Illinois Public Aid
Code;
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| (xi) early childhood intervention programs as | 15 |
| described in 59 Ill. Adm.
Code 121;
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| (xii) the University of Illinois Hospital, Chicago;
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| (xiii) programs funded by the Department on Aging | 18 |
| through the Community
Care Program;
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| (xiv) programs certified to participate in the | 20 |
| Supportive Living Program
authorized pursuant to Section | 21 |
| 5-5.01a of the Illinois Public Aid Code;
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| (xv) programs listed by the Emergency Medical Services | 23 |
| (EMS) Systems Act
as
Freestanding Emergency Centers;
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| (xvi) locations licensed under the Alternative Health | 25 |
| Care Delivery
Act;
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| (2) a day training program certified by the Department of | 27 |
| Human Services;
or
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| (3) a community integrated living arrangement operated by a | 29 |
| community
mental health and developmental service agency, as | 30 |
| defined in the
Community-Integrated Living Arrangements | 31 |
| Licensing and Certification Act or
.
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| (4) the State Long Term Care Ombudsman Program, including | 33 |
| any regional long term care ombudsman programs under Section | 34 |
| 4.04 of the Illinois Act on the Aging, only for the purpose of |
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| securing background checks.
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| "Initiate" means the obtaining of the authorization for a | 3 |
| record check from
a student, applicant, or employee. The | 4 |
| educational entity or health care
employer or its designee | 5 |
| shall transmit all necessary information and fees
to the | 6 |
| Illinois State Police within 10 working days after receipt of | 7 |
| the
authorization.
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| (Source: P.A. 91-598, eff. 1-1-00; 91-656, eff. 1-1-01; 92-16, | 9 |
| eff.
6-28-01.)
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| Section 99. Effective date. This Act takes effect on | 11 |
| January 1, 2005.".
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