Full Text of HB3508 95th General Assembly
HB3508enr 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 Sections 4.03 and 4.04 as follows:
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| (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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| Sec. 4.03. The Department on Aging, in cooperation with the | 8 |
| Department of
Human Services and any other appropriate State, | 9 |
| local or
federal agency, shall, without regard to income | 10 |
| guidelines, establish a
nursing home prescreening program to | 11 |
| determine whether Alzheimer's Disease
and related disorders | 12 |
| victims, and persons who are deemed as blind or
disabled as | 13 |
| defined by the Social Security Act and who are in need of long
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| term care, may be satisfactorily cared for in their homes | 15 |
| through the use
of home and community based services. Case | 16 |
| coordination units under
contract with the Department may | 17 |
| charge a fee for the prescreening provided
under this Section | 18 |
| and the fee shall be no greater than the cost of such
services | 19 |
| to the case coordination unit. At the time of each | 20 |
| prescreening, case coordination units shall provide | 21 |
| information regarding the Office of State Long Term Care | 22 |
| Ombudsman's Residents Right to Know database as authorized in | 23 |
| subsection (c-5) of Section 4.04.
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| (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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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 | 6 |
| Office of State
Long Term Care Ombudsman ("the Office"), in | 7 |
| accordance with the provisions of
the Older Americans Act of | 8 |
| 1965, as now or hereafter amended.
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| (b) Definitions. As used in this Section, unless the | 10 |
| context requires
otherwise:
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| (1) "Access" has the same meaning as in Section 1-104 | 12 |
| of the Nursing
Home Care Act, as now or hereafter amended; | 13 |
| that is, it means the right to:
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| (i) Enter any long term care facility or assisted | 15 |
| living or shared
housing establishment or supportive | 16 |
| living facility;
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| (ii) Communicate privately and without restriction | 18 |
| with any resident
who consents to the communication;
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| (iii) Seek consent to communicate privately and | 20 |
| without restriction
with any resident;
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| (iv) Inspect the clinical and other records of a | 22 |
| resident with the
express written consent of the | 23 |
| resident;
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| (v) Observe all areas of the long term care | 25 |
| 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 | 3 |
| observation.
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| (2) "Long Term Care Facility" means (i) any facility as | 5 |
| defined by Section
1-113 of the Nursing Home Care Act, as | 6 |
| now or hereafter amended; and (ii) any
skilled nursing | 7 |
| facility or a nursing facility which meets the
requirements | 8 |
| of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 9 |
| (b),
(c), and (d) of the Social Security Act, as now or | 10 |
| hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 11 |
| and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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| (2.5) "Assisted living establishment" and "shared | 13 |
| housing establishment"
have the meanings given those terms | 14 |
| in Section 10 of the Assisted Living and
Shared Housing | 15 |
| Act.
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| (2.7) "Supportive living facility" means a facility | 17 |
| established under
Section 5-5.01a of the Illinois Public | 18 |
| Aid Code.
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| (3) "State Long Term Care Ombudsman" means any person | 20 |
| employed by the
Department to fulfill
the requirements of | 21 |
| the Office of State Long Term Care Ombudsman as
required | 22 |
| under the Older Americans Act of 1965, as now or hereafter | 23 |
| amended,
and Departmental policy.
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| (3.1) "Ombudsman" means any designated representative | 25 |
| of a regional long
term care ombudsman program; provided | 26 |
| 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 | 3 |
| ombudsman as specified by
the Department in rules and in | 4 |
| accordance with the provisions of
the Older Americans Act | 5 |
| of 1965, as now or hereafter amended.
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| (c) Ombudsman; rules. The Office of State Long Term Care | 7 |
| Ombudsman shall
be composed of at least one full-time ombudsman | 8 |
| and shall include a system of
designated regional long term | 9 |
| care ombudsman programs. Each regional program
shall be | 10 |
| designated by the State Long Term Care Ombudsman as a | 11 |
| subdivision of
the Office and any representative of a regional | 12 |
| program shall be treated as a
representative of the Office.
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| The Department, in consultation with the Office, shall | 14 |
| promulgate
administrative rules in accordance with the | 15 |
| provisions of the Older Americans
Act of 1965, as now or | 16 |
| hereafter amended, to establish the responsibilities of
the | 17 |
| Department and the Office of State Long Term Care Ombudsman and | 18 |
| the
designated regional Ombudsman programs. The administrative | 19 |
| rules shall include
the responsibility of the Office and | 20 |
| designated regional programs to
investigate and resolve | 21 |
| complaints made by or on behalf of residents of long
term care | 22 |
| facilities, supportive living facilities, and assisted living | 23 |
| and
shared housing establishments relating to actions, | 24 |
| inaction, or
decisions of providers, or their representatives, | 25 |
| of long term care
facilities, of supported living facilities, | 26 |
| of assisted living and shared
housing establishments, of public |
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| agencies, or of social services agencies,
which may adversely | 2 |
| affect the health, safety, welfare, or rights of such
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| residents.
When necessary and appropriate, representatives of | 4 |
| the Office shall refer
complaints to the appropriate regulatory | 5 |
| State agency.
The Department, in consultation with the Office, | 6 |
| shall cooperate with the
Department of Human Services in | 7 |
| providing information and training to
designated regional long | 8 |
| term care ombudsman programs about the appropriate
assessment | 9 |
| and treatment (including information about appropriate | 10 |
| supportive
services, treatment options, and assessment of | 11 |
| rehabilitation potential) of
persons with mental illness | 12 |
| (other than Alzheimer's disease and related
disorders). | 13 |
| The State Long Term Care Ombudsman and all other ombudsmen, | 14 |
| as defined in paragraph (3.1) of subsection (b) must submit to | 15 |
| background checks under the Health Care Worker Background Check | 16 |
| Act and receive training, as prescribed by the Illinois | 17 |
| Department on Aging, before visiting facilities. The training | 18 |
| must include information specific to assisted living | 19 |
| establishments, supportive living facilities, and shared | 20 |
| housing establishments and to the rights of residents | 21 |
| guaranteed under the corresponding Acts and administrative | 22 |
| rules.
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| (c-5) Consumer Choice Information Reports. The Office | 24 |
| shall: | 25 |
| (1) In collaboration with the Attorney General, create | 26 |
| a Consumer Choice Information Report form to be completed |
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| by all licensed long term care facilities to aid | 2 |
| Illinoisans and their families in making informed choices | 3 |
| about long term care. The Office shall create a Consumer | 4 |
| Choice Information Report for each type of licensed long | 5 |
| term care facility. | 6 |
| (2) Develop a database of Consumer Choice Information | 7 |
| Reports completed by licensed long term care facilities | 8 |
| that includes information in the following consumer | 9 |
| categories: | 10 |
| (A) Medical Care, Services, and Treatment. | 11 |
| (B) Special Services and Amenities. | 12 |
| (C) Staffing. | 13 |
| (D) Facility Statistics and Resident Demographics. | 14 |
| (E) Ownership and Administration. | 15 |
| (F) Safety and Security. | 16 |
| (G) Meals and Nutrition. | 17 |
| (H) Rooms, Furnishings, and Equipment. | 18 |
| (I) Family, Volunteer, and Visitation Provisions. | 19 |
| (3) Make this information accessible to the public, | 20 |
| including on the Internet by means of a hyperlink labeled | 21 |
| "Resident's Right to Know" on the Office's World Wide Web | 22 |
| home page. | 23 |
| (4) Have the authority, with the Attorney General, to | 24 |
| verify that information provided by a facility is accurate. | 25 |
| (5) Request a new report from any licensed facility | 26 |
| whenever it deems necessary.
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| (d) Access and visitation rights.
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| (1) In accordance with subparagraphs (A) and (E) of | 3 |
| paragraph (3) of
subsection (c) of Section 1819
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| subparagraphs (A) and (E) of paragraph (3) of subsection | 5 |
| (c) of Section
1919 of the Social Security Act, as now or | 6 |
| hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 7 |
| 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 8 |
| Older Americans Act of 1965, as now or hereafter
amended | 9 |
| (42 U.S.C. 3058f), a long term care facility, supportive | 10 |
| living
facility, assisted living
establishment, and shared | 11 |
| housing establishment must:
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| (i) permit immediate access to any resident by a | 13 |
| designated
ombudsman; and
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| (ii) permit representatives of the Office, with | 15 |
| the permission of the
resident's legal representative | 16 |
| or legal guardian, to examine a resident's
clinical and | 17 |
| other records, and if a resident is unable to consent | 18 |
| to such
review, and has no legal guardian, permit | 19 |
| representatives of the Office
appropriate access, as | 20 |
| defined by the Department, in consultation with the
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| Office, in administrative rules, to the resident's | 22 |
| records.
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| (2) Each long term care facility, supportive living | 24 |
| facility, assisted
living establishment, and
shared | 25 |
| housing establishment shall display, in multiple, | 26 |
| conspicuous
public places within the facility accessible |
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| to both visitors and residents and
in an easily readable | 2 |
| 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 | 4 |
| Office.
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| (e) Immunity. An ombudsman or any representative of the | 6 |
| Office participating
in the good faith performance of his or | 7 |
| her official duties
shall have immunity from any liability | 8 |
| (civil, criminal or otherwise) in
any proceedings (civil, | 9 |
| criminal or otherwise) brought as a consequence of
the | 10 |
| 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 | 14 |
| attempt to impede in any
way any representative of the | 15 |
| Office in the performance of his
official
duties under | 16 |
| this Act and the Older Americans Act of 1965; or
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| (ii) Intentionally retaliate, discriminate | 18 |
| against, or effect reprisals
against any long term care | 19 |
| facility resident or employee for contacting or
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| providing information to any representative of the | 21 |
| Office.
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| (2) A violation of this Section is a business offense, | 23 |
| punishable by a
fine not to exceed $501.
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| (3) The Director of Aging, in consultation with the | 25 |
| Office, shall
notify the State's Attorney of the
county in | 26 |
| which the long term care facility, supportive living |
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| facility, or
assisted living or shared housing | 2 |
| establishment is located,
or the Attorney General, of any | 3 |
| violations of this Section.
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| (g) Confidentiality of records and identities. The | 5 |
| Department shall
establish procedures for the disclosure by the | 6 |
| State Ombudsman or the regional
ombudsmen
entities of files | 7 |
| maintained by the program. The procedures shall provide that
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| the files and records may be disclosed only at the discretion | 9 |
| of the State Long
Term Care
Ombudsman or the person designated | 10 |
| by the State Ombudsman to disclose the files
and records, and | 11 |
| the procedures shall prohibit the disclosure of the identity
of | 12 |
| any complainant, resident, witness, or employee of a long term | 13 |
| care provider
unless:
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| (1) the complainant, resident, witness, or employee of | 15 |
| a long term care
provider or his or her legal | 16 |
| representative consents to the disclosure and the
consent | 17 |
| is in writing;
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| (2) the complainant, resident, witness, or employee of | 19 |
| a long term care
provider gives consent orally; and the | 20 |
| consent is documented contemporaneously
in writing in
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| accordance with such requirements as the Department shall | 22 |
| 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 | 26 |
| Office
against
whom suit or other legal action is brought in |
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| connection with the
performance of the representative's | 2 |
| official duties, in accordance with the
State Employee | 3 |
| Indemnification Act.
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| (i) Treatment by prayer and spiritual means. Nothing in | 5 |
| this Act shall
be construed to authorize or require the medical | 6 |
| supervision, regulation
or control of remedial care or | 7 |
| treatment of any resident in a long term
care facility operated | 8 |
| exclusively by and for members or adherents of any
church or | 9 |
| religious denomination the tenets and practices of which | 10 |
| include
reliance solely upon spiritual means through prayer for | 11 |
| 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 10. The Nursing Home Care Act is amended by | 14 |
| changing Sections 3-210 and 3-212 and by adding Section 2-214 | 15 |
| as follows: | 16 |
| (210 ILCS 45/2-214 new) | 17 |
| Sec. 2-214. Consumer Choice Information Reports. | 18 |
| (a) Every facility shall complete a Consumer Choice | 19 |
| Information Report and shall file it with the Office of State | 20 |
| Long Term Care Ombudsman electronically as prescribed by the | 21 |
| Office. The Report shall be filed annually and upon request of | 22 |
| the Office of State Long Term Care Ombudsman. The Consumer | 23 |
| Choice Information Report must be completed by the facility in | 24 |
| full. |
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| (b) A violation of any of the provisions of this Section | 2 |
| constitutes an unlawful practice under the Consumer Fraud and | 3 |
| Deceptive Business Practices Act. All remedies, penalties, and | 4 |
| authority granted to the Attorney General by the Consumer Fraud | 5 |
| and Deceptive Business Practices Act shall be available to him | 6 |
| or her for the enforcement of this Section. | 7 |
| (c) The Department of Public Health shall include | 8 |
| verification of the submission of a facility's current Consumer | 9 |
| Choice Information Report when conducting an inspection | 10 |
| pursuant to Section 3-212.
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| (210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210)
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| Sec. 3-210. A facility shall retain the following for | 13 |
| public inspection:
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| (1) A complete copy of every inspection report of the | 15 |
| facility received
from the Department during the past 5 years;
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| (2) A copy of every order pertaining to the facility issued | 17 |
| by the
Department or a court during the past 5 years;
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| (3) A description of the services provided by the facility | 19 |
| and the rates
charged for those services and items for which a | 20 |
| resident may be separately charged;
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| (4) A copy of the statement of ownership required by | 22 |
| Section 3-207;
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| (5) A record of personnel employed or retained by the | 24 |
| facility who are
licensed, certified or registered by the | 25 |
| Department of Professional
Regulation; and
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| (6) A complete copy of the most recent inspection report of | 2 |
| the facility
received from the Department.
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| (7) A copy of the current Consumer Choice Information | 4 |
| Report required by Section 2-214.
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| (Source: P.A. 85-1209)
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| (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
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| Sec. 3-212. Inspection.
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| (a) The Department, whenever it deems necessary in
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| accordance with subsection (b), shall inspect, survey and | 10 |
| evaluate every
facility to determine compliance with | 11 |
| applicable licensure requirements and
standards. Submission of | 12 |
| a facility's current Consumer Choice Information Report | 13 |
| required by Section 2-214 shall be verified at time of | 14 |
| inspection. An inspection should occur within 120 days prior
to | 15 |
| license renewal. The Department may periodically visit a | 16 |
| facility for the
purpose of consultation. An inspection, | 17 |
| survey, or evaluation, other than
an inspection of financial | 18 |
| records, shall be conducted without prior notice
to the | 19 |
| facility. A visit for the sole purpose of consultation may be
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| announced.
The Department shall provide training to surveyors | 21 |
| about the appropriate
assessment, care planning, and care of | 22 |
| persons with mental illness (other than
Alzheimer's disease or | 23 |
| related disorders) to enable its surveyors to
determine whether | 24 |
| a facility is complying with State and federal requirements
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| about the assessment, care planning, and care of those persons.
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| (a-1) An employee of a State or unit of local government | 2 |
| agency
charged with inspecting, surveying, and evaluating | 3 |
| facilities who directly
or indirectly gives prior notice of an | 4 |
| inspection, survey, or evaluation,
other than an inspection of | 5 |
| financial records, to a facility or to an
employee of a | 6 |
| facility is guilty of a Class A misdemeanor.
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| An inspector or an employee of the Department who | 8 |
| intentionally prenotifies
a facility,
orally or in writing, of | 9 |
| a pending complaint investigation or inspection shall
be guilty | 10 |
| of a Class A misdemeanor.
Superiors of persons who have | 11 |
| prenotified a facility shall be subject to the
same penalties, | 12 |
| if they have knowingly allowed the prenotification. A person
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| found guilty of prenotifying a facility shall be subject to | 14 |
| disciplinary action
by his or her employer.
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| If the Department has a good faith belief, based upon | 16 |
| information that comes
to its attention, that a violation of | 17 |
| this subsection has occurred, it must
file a complaint with the | 18 |
| Attorney General or the State's Attorney in the
county where | 19 |
| the violation
took place within 30 days after discovery of the | 20 |
| information.
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| (a-2) An employee of a State or unit of local government | 22 |
| agency charged with
inspecting, surveying, or evaluating | 23 |
| facilities who willfully profits from
violating the | 24 |
| confidentiality of the inspection, survey, or evaluation
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| process shall be guilty of a Class 4 felony and that conduct | 26 |
| shall be deemed
unprofessional conduct that may subject a |
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| person to loss of his or her
professional license. An action to | 2 |
| prosecute a person for violating this
subsection (a-2) may be | 3 |
| brought by either the Attorney General or the State's
Attorney | 4 |
| in the county where the violation took place.
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| (b) In determining whether to make more than the required | 6 |
| number of
unannounced inspections, surveys and evaluations of a | 7 |
| facility the
Department shall consider one or more of the | 8 |
| following: previous inspection
reports; the facility's history | 9 |
| of compliance with standards, rules and
regulations | 10 |
| promulgated under this Act and correction of violations,
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| penalties or other enforcement actions; the number and severity | 12 |
| of
complaints received about the facility; any allegations of | 13 |
| resident abuse
or neglect; weather conditions; health | 14 |
| emergencies; other reasonable belief
that deficiencies exist.
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| (b-1) The Department shall not be required to determine | 16 |
| whether a
facility certified to participate in the Medicare | 17 |
| program under Title XVIII of
the Social Security Act, or the | 18 |
| Medicaid program under Title XIX of the Social
Security Act, | 19 |
| and which the Department determines by inspection under this
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| Section or under Section 3-702 of this Act to be in compliance | 21 |
| with the
certification requirements of Title XVIII or XIX, is | 22 |
| in compliance with any
requirement of this Act that is less | 23 |
| stringent than or duplicates a federal
certification | 24 |
| requirement. In accordance with subsection (a) of this Section
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| or subsection (d) of Section 3-702, the Department shall | 26 |
| determine whether a
certified facility is in
compliance with |
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| requirements of this Act that exceed federal certification
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| requirements. If a certified facility is found to be out of | 3 |
| compliance with
federal certification requirements, the | 4 |
| results of an inspection conducted
pursuant to Title XVIII or | 5 |
| XIX of the Social Security Act may be used as the
basis for | 6 |
| enforcement remedies authorized and commenced under this Act.
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| Enforcement of this Act against a certified facility shall be | 8 |
| commenced
pursuant to the requirements of this Act, unless | 9 |
| enforcement remedies sought
pursuant to Title XVIII or XIX of | 10 |
| the Social Security Act exceed those
authorized by this Act. As | 11 |
| used in this subsection, "enforcement remedy"
means a sanction | 12 |
| for violating a federal certification requirement or this
Act.
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| (c) Upon completion of each inspection, survey and | 14 |
| evaluation, the
appropriate Department personnel who conducted | 15 |
| the inspection, survey or
evaluation shall submit a copy of | 16 |
| their report to the licensee upon exiting
the facility, and | 17 |
| shall submit the actual report to the appropriate
regional | 18 |
| office of the Department. Such report and any recommendations | 19 |
| for
action by the Department under this Act shall be | 20 |
| transmitted to the
appropriate offices of the associate | 21 |
| director of the Department, together
with related comments or | 22 |
| documentation provided by the licensee which may
refute | 23 |
| findings in the report, which explain extenuating | 24 |
| circumstances that
the facility could not reasonably have | 25 |
| prevented, or which indicate methods
and timetables for | 26 |
| correction of deficiencies described in the report.
Without |
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| affecting the application of subsection (a) of Section 3-303, | 2 |
| any
documentation or comments of the licensee shall be provided | 3 |
| within 10
days of receipt of the copy of the report. Such | 4 |
| report shall recommend to
the Director appropriate action under | 5 |
| this Act with respect to findings
against a facility. The | 6 |
| Director shall then determine whether the report's
findings | 7 |
| constitute a violation or violations of which the facility must | 8 |
| be
given notice. Such determination shall be based upon the | 9 |
| severity of the
finding, the danger posed to resident health | 10 |
| and safety, the comments and
documentation provided by the | 11 |
| facility, the diligence and efforts to
correct deficiencies, | 12 |
| correction of the reported deficiencies, the
frequency and | 13 |
| duration of similar findings in previous reports and the
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| facility's general inspection history. Violations shall be | 15 |
| determined
under this subsection no later than 60 days after | 16 |
| completion of each
inspection, survey and evaluation.
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| (d) The Department shall maintain all inspection, survey | 18 |
| and evaluation
reports for at least 5 years in a manner | 19 |
| accessible to and understandable
by the public.
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| (Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)
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| Section 15. The Consumer Fraud and Deceptive Business | 22 |
| Practices Act is amended by adding Section 2ZZ as follows: | 23 |
| (815 ILCS 505/2ZZ new) | 24 |
| Sec. 2ZZ. Long term care facility; Consumer Choice |
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| Information Report. A long term care facility that fails to | 2 |
| comply with Section 2-214 of the Nursing Home Care Act commits | 3 |
| an unlawful practice within the meaning of this Act.
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