Full Text of HB1301 95th General Assembly
HB1301enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 10 |
| Office of State
Long Term Care Ombudsman ("the Office"), in | 11 |
| accordance with the provisions of
the Older Americans Act of | 12 |
| 1965, as now or hereafter amended.
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| (b) Definitions. As used in this Section, unless the | 14 |
| context requires
otherwise:
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| (1) "Access" has the same meaning as in Section 1-104 | 16 |
| of the Nursing
Home Care Act, as now or hereafter amended; | 17 |
| that is, it means the right to:
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| (i) Enter any long term care facility or assisted | 19 |
| living or shared
housing establishment or supportive | 20 |
| living facility;
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| (ii) Communicate privately and without restriction | 22 |
| with any resident , regardless of age,
who consents to | 23 |
| the communication;
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| (iii) Seek consent to communicate privately and | 2 |
| without restriction
with any resident , regardless of | 3 |
| age ;
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| (iv) Inspect the clinical and other records of a | 5 |
| resident , regardless of age, with the
express written | 6 |
| consent of the resident;
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| (v) Observe all areas of the long term care | 8 |
| facility or supportive
living facilities, assisted | 9 |
| living or shared housing establishment except the
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| living area of any resident who protests the | 11 |
| observation.
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| (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)).
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| (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.
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| (2.7) "Supportive living facility" means a facility | 25 |
| established under
Section 5-5.01a of the Illinois Public | 26 |
| Aid Code.
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| (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.
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| (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
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| 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.
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| (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.
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| 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 |
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designated regional Ombudsman programs. The administrative |
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| 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 , including the option to | 6 |
| serve residents under the age of 60, relating to actions, | 7 |
| inaction, or
decisions of providers, or their representatives, | 8 |
| of long term care
facilities, of supported living facilities, | 9 |
| of assisted living and shared
housing establishments, of public | 10 |
| agencies, or of social services agencies,
which may adversely | 11 |
| affect the health, safety, welfare, or rights of such
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| residents. The Office and designated regional programs may | 13 |
| represent all residents, but are not required by this Act to | 14 |
| represent persons under 60 years of age, except to the extent | 15 |
| required by federal law.
When necessary and appropriate, | 16 |
| representatives of the Office shall refer
complaints to the | 17 |
| appropriate regulatory State agency.
The Department, in | 18 |
| consultation with the Office, shall cooperate with the
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| Department of Human Services and other State agencies in | 20 |
| providing information and training to
designated regional long | 21 |
| term care ombudsman programs about the appropriate
assessment | 22 |
| and treatment (including information about appropriate | 23 |
| supportive
services, treatment options, and assessment of | 24 |
| rehabilitation potential) of the residents they serve, | 25 |
| including children,
persons with mental illness (other than | 26 |
| Alzheimer's disease and related
disorders) , and persons with |
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| developmental disabilities . | 2 |
| The State Long Term Care Ombudsman and all other ombudsmen, | 3 |
| as defined in paragraph (3.1) of subsection (b) must submit to | 4 |
| background checks under the Health Care Worker Background Check | 5 |
| Act and receive training, as prescribed by the Illinois | 6 |
| Department on Aging, before visiting facilities. The training | 7 |
| must include information specific to assisted living | 8 |
| establishments, supportive living facilities, and shared | 9 |
| housing establishments and to the rights of residents | 10 |
| guaranteed under the corresponding Acts and administrative | 11 |
| rules.
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| (d) Access and visitation rights.
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| (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:
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| (i) permit immediate access to any resident , | 24 |
| regardless of age, by a designated
ombudsman; and
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| (ii) permit representatives of the Office, with | 26 |
| the permission of the
resident's legal representative |
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| or legal guardian, to examine a resident's
clinical and | 2 |
| other records, regardless of the age of the resident, | 3 |
| and if a resident is unable to consent to such
review, | 4 |
| and has no legal guardian, permit representatives of | 5 |
| the Office
appropriate access, as defined by the | 6 |
| Department, in consultation with the
Office, in | 7 |
| administrative rules, to the resident's records.
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| (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
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| Long Term Care Ombudsman, in a manner prescribed by the | 15 |
| Office.
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| (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.
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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 | 25 |
| attempt to impede in any
way any representative of the | 26 |
| 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 | 3 |
| against, or effect reprisals
against any long term care | 4 |
| facility resident or employee for contacting or
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| providing information to any representative of the | 6 |
| Office.
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| (2) A violation of this Section is a business offense, | 8 |
| punishable by a
fine not to exceed $501.
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| (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.
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| (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
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| 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:
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| (1) the complainant, resident, witness, or employee of | 26 |
| a long term care
provider or his or her legal |
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| representative consents to the disclosure and the
consent | 2 |
| is in writing;
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| (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
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| accordance with such requirements as the Department shall | 7 |
| 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 | 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.
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| (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.
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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 | 25 |
| becoming law.
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