Full Text of HB5633 97th General Assembly
HB5633 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5633 Introduced 2/15/2012, by Rep. Kent Gaffney SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/2-110 | from Ch. 111 1/2, par. 4152-110 |
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Amends the Nursing Home Care Act. Provides that certain persons shall be permitted access at reasonable hours to
a resident of a facility "with the resident's consent". Provides that every individual entering a facility as authorized under these provisions shall promptly notify the administrator or the administrator's designee of his or her presence and request access to those residents who have given consent. Places restrictions on access to a resident's immediate living area, and imposes other requirements with respect to access to residents. Provides that a resident may terminate a visit under these provisions at any time. Provides that if a legal guardian has been appointed for a resident by a probate court, any individual requesting personal, legal, financial, or medical information from the resident must have sought and received prior written approval from the guardian before seeking access to the resident and must present evidence of that approval to the administrator or the administrator's designee upon entering the facility. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 2-110 as follows:
| 6 | | (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)
| 7 | | Sec. 2-110. (a) Any employee or agent of a public agency, | 8 | | any
representative of a community legal services program or any | 9 | | other member
of the general public shall be permitted access at | 10 | | reasonable hours to
any individual resident of any facility, | 11 | | with the resident's consent, but only if there is neither a
| 12 | | commercial purpose nor
effect to such access and if the purpose | 13 | | is to do any of the following:
| 14 | | (1) Visit, talk with and make personal, social and | 15 | | legal services
available to all residents;
| 16 | | (2) Inform residents of their rights and entitlements | 17 | | and their
corresponding obligations, under federal and | 18 | | State laws, by means of
educational materials and | 19 | | discussions in groups and with individual
residents;
| 20 | | (3) Assist residents in asserting their legal rights | 21 | | regarding
claims for public assistance, medical assistance | 22 | | and social security
benefits, as well as in all other | 23 | | matters in which residents are
aggrieved. Assistance may |
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| 1 | | include counseling and litigation; or
| 2 | | (4) Engage in other methods of asserting, advising and | 3 | | representing
residents so as to extend to them full | 4 | | enjoyment of their rights. | 5 | | Every individual, regardless of whether he or she is an | 6 | | employee or agent of a public agency, a representative of a | 7 | | community legal services program, or a member of the general | 8 | | public, entering a facility as authorized under this Section | 9 | | shall promptly notify the administrator or the administrator's | 10 | | designee of his or her presence and request access to those | 11 | | residents who have given consent to such access. Every visitor | 12 | | to whom this Section applies must, upon request, produce | 13 | | identification to establish his or her identity and the | 14 | | identity of the agency, program, or organization he or she | 15 | | represents, the purpose of his or her visit, and copies of all | 16 | | informational materials, including but not limited to | 17 | | applications for services for which interested residents will | 18 | | be asked to provide personal, legal, financial, or medical | 19 | | information. | 20 | | No visitor may enter the immediate living area of any | 21 | | resident without first identifying himself or herself and then | 22 | | receiving permission to enter. The rights of other residents | 23 | | present in the room must be respected. This includes the | 24 | | requirement that a resident who has consented to an interview | 25 | | must be interviewed in another location if the other residents | 26 | | present in the room have denied consent to the interview taking |
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| 1 | | place in that room. | 2 | | A resident may terminate a visit under this Section at any | 3 | | time. Upon a resident's termination of a visit under this | 4 | | Section, the visitor must immediately leave the living area or | 5 | | alternative meeting area and notify the front desk that the | 6 | | visit has been terminated at the resident's request. | 7 | | If a legal guardian has been appointed for a resident by a | 8 | | probate court, any individual, whether an employee or agent of | 9 | | a public agency, a representative of a community legal services | 10 | | program, or a member of the general public, requesting | 11 | | personal, legal, financial, or medical information from the | 12 | | resident must have sought and received prior written approval | 13 | | from the guardian before seeking access to the resident and | 14 | | must present evidence of that approval to the administrator or | 15 | | the administrator's designee upon entering the facility. | 16 | | (a-5) If a resident of a licensed facility is an identified | 17 | | offender, any federal, State, or local law enforcement officer | 18 | | or county probation officer shall be permitted reasonable | 19 | | access to the individual resident to verify compliance with the | 20 | | requirements of the Sex Offender Registration Act, to verify | 21 | | compliance with the requirements of Public Act 94-163 and this | 22 | | amendatory Act of the 94th General Assembly, or to verify | 23 | | compliance with applicable terms of probation, parole, or | 24 | | mandatory supervised release.
| 25 | | (b) All persons entering a facility under this Section | 26 | | shall
promptly notify appropriate facility personnel of their |
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| 1 | | presence. They
shall, upon request, produce identification to | 2 | | establish their identity.
No such person shall enter the | 3 | | immediate living area of any resident
without first identifying | 4 | | himself and then receiving permission from the
resident to | 5 | | enter. The rights of other residents present in the room
shall | 6 | | be respected. A resident may terminate at any time a visit by a
| 7 | | person having access to the resident's living area under this | 8 | | Section.
| 9 | | (c) This Section shall not limit the power of the | 10 | | Department or
other public agency otherwise permitted or | 11 | | required by law to enter and
inspect a facility.
| 12 | | (d) Notwithstanding paragraph (a) of this Section, the | 13 | | administrator
of a facility may refuse access to the facility | 14 | | to any person if the
presence of that person in the facility | 15 | | would be injurious to the health
and safety of a resident or | 16 | | would threaten the security of the property
of a resident or | 17 | | the facility, or if the person seeks access to the
facility for | 18 | | commercial purposes. Any person refused access to a
facility | 19 | | may within 10 days request a hearing under Section 3-703. In
| 20 | | that proceeding, the burden of proof as to the right of the | 21 | | facility to
refuse access under this Section shall be on the | 22 | | facility.
| 23 | | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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