Full Text of HB2246 99th General Assembly
HB2246ham001 99TH GENERAL ASSEMBLY | Rep. Tom Demmer Filed: 4/17/2015
| | 09900HB2246ham001 | | LRB099 08179 KTG 33011 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2246
| 2 | | AMENDMENT NO. ______. Amend House Bill 2246 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program. The purpose of | 8 | | the Long Term Care Ombudsman Program is to ensure that older | 9 | | persons and persons with disabilities receive quality | 10 | | services. This is accomplished by providing advocacy services | 11 | | for residents of long term care facilities and participants | 12 | | receiving home care and community-based care. Managed care is | 13 | | increasingly becoming the vehicle for delivering health and | 14 | | long-term services and supports to seniors and persons with | 15 | | disabilities, including dual eligible participants. The | 16 | | additional ombudsman authority will allow advocacy services to |
| | | 09900HB2246ham001 | - 2 - | LRB099 08179 KTG 33011 a |
|
| 1 | | be provided to Illinois participants for the first time and | 2 | | will produce a cost savings for the State of Illinois by | 3 | | supporting the rebalancing efforts of the Patient Protection | 4 | | and Affordable Care Act.
| 5 | | (a) Long Term Care Ombudsman Program. The Department shall
| 6 | | establish a Long Term Care Ombudsman Program, through the | 7 | | Office of State
Long Term Care Ombudsman ("the Office"), in | 8 | | accordance with the provisions of
the Older Americans Act of | 9 | | 1965, as now or hereafter amended. The Long Term Care Ombudsman | 10 | | Program is authorized, subject to sufficient appropriations, | 11 | | to advocate on behalf of older persons and persons with | 12 | | disabilities residing in their own homes or community-based | 13 | | settings, relating to matters which may adversely affect the | 14 | | health, safety, welfare, or rights of such individuals.
| 15 | | (b) Definitions. As used in this Section, unless the | 16 | | context requires
otherwise:
| 17 | | (1) "Access" means the right to:
| 18 | | (i) Enter any long term care facility or assisted | 19 | | living or shared
housing establishment or supportive | 20 | | living facility;
| 21 | | (ii) Communicate privately and without restriction | 22 | | with any resident, regardless of age,
who consents to | 23 | | the communication;
| 24 | | (iii) Seek consent to communicate privately and | 25 | | without restriction
with any participant or resident, | 26 | | regardless of age;
|
| | | 09900HB2246ham001 | - 3 - | LRB099 08179 KTG 33011 a |
|
| 1 | | (iv) Inspect the clinical and other records of a | 2 | | participant or resident, regardless of age, with the
| 3 | | express written consent of the participant or | 4 | | resident;
| 5 | | (v) Observe all areas of the long term care | 6 | | facility or supportive
living facilities, assisted | 7 | | living or shared housing establishment except the
| 8 | | living area of any resident who protests the | 9 | | observation; and
| 10 | | (vi) Subject to permission of the participant or | 11 | | resident requesting services or his or her | 12 | | representative, enter a home or community-based | 13 | | setting. | 14 | | (2) "Long Term Care Facility" means (i) any facility as | 15 | | defined by Section
1-113 of the Nursing Home Care Act, as | 16 | | now or hereafter amended; and (ii) any
skilled nursing | 17 | | facility or a nursing facility which meets the
requirements | 18 | | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 19 | | (b),
(c), and (d) of the Social Security Act, as now or | 20 | | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 21 | | and 42 U.S.C. 1396r(a), (b), (c), and
(d)); and any | 22 | | facility as defined by Section 1-113 of the MR/DD Community | 23 | | Care Act, as now or hereafter amended.
| 24 | | (2.5) "Assisted living establishment" and "shared | 25 | | housing establishment"
have the meanings given those terms | 26 | | in Section 10 of the Assisted Living and
Shared Housing |
| | | 09900HB2246ham001 | - 4 - | LRB099 08179 KTG 33011 a |
|
| 1 | | Act.
| 2 | | (2.7) "Supportive living facility" means a facility | 3 | | established under
Section 5-5.01a of the Illinois Public | 4 | | Aid Code.
| 5 | | (2.8) "Community-based setting" means any place of | 6 | | abode other than an individual's private home. | 7 | | (3) "State Long Term Care Ombudsman" means any person | 8 | | employed by the
Department to fulfill
the requirements of | 9 | | the Office of State Long Term Care Ombudsman as
required | 10 | | under the Older Americans Act of 1965, as now or hereafter | 11 | | amended,
and Departmental policy.
| 12 | | (3.1) "Ombudsman" means any designated representative | 13 | | of the State Long Term Care Ombudsman Program; provided | 14 | | that the representative, whether he is
paid for or | 15 | | volunteers his ombudsman services, shall be qualified and
| 16 | | designated by the Office to perform the duties of an | 17 | | ombudsman as specified by
the Department in rules and in | 18 | | accordance with the provisions of
the Older Americans Act | 19 | | of 1965, as now or hereafter amended.
| 20 | | (4) "Participant" means an older person aged 60 or over | 21 | | or an adult with a disability aged 18 through 59 who is | 22 | | eligible for services under any of the following: | 23 | | (i) A medical assistance waiver administered by | 24 | | the State. | 25 | | (ii) A managed care organization providing care | 26 | | coordination and other services to seniors and persons |
| | | 09900HB2246ham001 | - 5 - | LRB099 08179 KTG 33011 a |
|
| 1 | | with disabilities. | 2 | | (5) "Resident" means an older person aged 60 or over or | 3 | | an adult with a disability aged 18 through 59 who resides | 4 | | in a long-term care facility. | 5 | | (c) Ombudsman; appointment. The Governor shall appoint, | 6 | | and the Senate shall confirm, a State Long Term Care Ombudsman. | 7 | | The State Long Term Care Ombudsman shall be appointed for a | 8 | | term of 4 years and shall function within the Department and | 9 | | shall report to the Director and the Governor. The Office of | 10 | | State Long Term Care Ombudsman rules. The Office of State Long | 11 | | Term Care Ombudsman shall
be composed of at least one full-time | 12 | | ombudsman and shall include a system of
designated regional | 13 | | long term care ombudsman programs. Each regional program
shall | 14 | | be designated by the State Long Term Care Ombudsman as a | 15 | | subdivision of
the Office and any representative of a regional | 16 | | program shall be treated as a
representative of the Office.
| 17 | | The State Long Term Care Ombudsman shall function | 18 | | independently within the Department with respect to the | 19 | | operations of the Office, including the performance of | 20 | | investigations and issuance of findings and recommendations. | 21 | | The appropriation for the Office of State Long Term Care | 22 | | Ombudsman shall be separate from the overall appropriation for | 23 | | the Department. | 24 | | The Department, in consultation with the Office, shall | 25 | | promulgate
administrative rules in accordance with the | 26 | | provisions of the Older Americans
Act of 1965, as now or |
| | | 09900HB2246ham001 | - 6 - | LRB099 08179 KTG 33011 a |
|
| 1 | | hereafter amended, to establish the responsibilities of
the | 2 | | Department and the Office of State Long Term Care Ombudsman and | 3 | | the
designated regional Ombudsman programs. The administrative | 4 | | rules shall include
the responsibility of the Office and | 5 | | designated regional programs to
investigate and resolve | 6 | | complaints made by or on behalf of residents of long
term care | 7 | | facilities, supportive living facilities, and assisted living | 8 | | and
shared housing establishments, and participants residing | 9 | | in their own homes or community-based settings, including the | 10 | | option to serve residents and participants under the age of 60, | 11 | | relating to actions, inaction, or
decisions of providers, or | 12 | | their representatives, of such
facilities and establishments, | 13 | | of public agencies, or of social services agencies,
which may | 14 | | adversely affect the health, safety, welfare, or rights of such
| 15 | | residents and participants. The Office and designated regional | 16 | | programs may represent all residents and participants, but are | 17 | | not required by this Act to represent persons under 60 years of | 18 | | age, except to the extent required by federal law.
When | 19 | | necessary and appropriate, representatives of the Office shall | 20 | | refer
complaints to the appropriate regulatory State agency.
| 21 | | The Department, in consultation with the Office, shall | 22 | | cooperate with the
Department of Human Services and other State | 23 | | agencies in providing information and training to
designated | 24 | | regional long term care ombudsman programs about the | 25 | | appropriate
assessment and treatment (including information | 26 | | about appropriate supportive
services, treatment options, and |
| | | 09900HB2246ham001 | - 7 - | LRB099 08179 KTG 33011 a |
|
| 1 | | assessment of rehabilitation potential) of the participants | 2 | | they serve. | 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, private | 8 | | homes, or community-based settings. The training must include | 9 | | information specific to assisted living establishments, | 10 | | supportive living facilities, shared housing establishments, | 11 | | private homes, and community-based settings and to the rights | 12 | | of residents and participants guaranteed under the | 13 | | corresponding Acts and administrative rules.
| 14 | | (c-5) Consumer Choice Information Reports. The Office | 15 | | shall: | 16 | | (1) In collaboration with the Attorney General, create | 17 | | a Consumer Choice Information Report form to be completed | 18 | | by all licensed long term care facilities to aid | 19 | | Illinoisans and their families in making informed choices | 20 | | about long term care. The Office shall create a Consumer | 21 | | Choice Information Report for each type of licensed long | 22 | | term care facility. The Office shall collaborate with the | 23 | | Attorney General and the Department of Human Services to | 24 | | create a Consumer Choice Information Report form for | 25 | | facilities licensed under the MR/DD Community Care Act. | 26 | | (2) Develop a database of Consumer Choice Information |
| | | 09900HB2246ham001 | - 8 - | LRB099 08179 KTG 33011 a |
|
| 1 | | Reports completed by licensed long term care facilities | 2 | | that includes information in the following consumer | 3 | | categories: | 4 | | (A) Medical Care, Services, and Treatment. | 5 | | (B) Special Services and Amenities. | 6 | | (C) Staffing. | 7 | | (D) Facility Statistics and Resident Demographics. | 8 | | (E) Ownership and Administration. | 9 | | (F) Safety and Security. | 10 | | (G) Meals and Nutrition. | 11 | | (H) Rooms, Furnishings, and Equipment. | 12 | | (I) Family, Volunteer, and Visitation Provisions. | 13 | | (3) Make this information accessible to the public, | 14 | | including on the Internet by means of a hyperlink labeled | 15 | | "Resident's Right to Know" on the Office's World Wide Web | 16 | | home page. Information about facilities licensed under the | 17 | | MR/DD Community Care Act shall be made accessible to the | 18 | | public by the Department of Human Services, including on | 19 | | the Internet by means of a hyperlink labeled "Resident's | 20 | | and Families' Right to Know" on the Department of Human | 21 | | Services' "For Customers" website. | 22 | | (4) Have the authority, with the Attorney General, to | 23 | | verify that information provided by a facility is accurate. | 24 | | (5) Request a new report from any licensed facility | 25 | | whenever it deems necessary.
| 26 | | (6) Include in the Office's Consumer Choice
|
| | | 09900HB2246ham001 | - 9 - | LRB099 08179 KTG 33011 a |
|
| 1 | | Information Report for each type of licensed long term care
| 2 | | facility additional information on each licensed long term
| 3 | | care facility in the State of Illinois, including
| 4 | | information regarding each facility's compliance with the
| 5 | | relevant State and federal statutes, rules, and standards;
| 6 | | customer satisfaction surveys; and information generated
| 7 | | from quality measures developed by the Centers for Medicare
| 8 | | and Medicaid Services. | 9 | | (d) Access and visitation rights.
| 10 | | (1) In accordance with subparagraphs (A) and (E) of | 11 | | paragraph (3) of
subsection (c) of Section 1819
and | 12 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 13 | | (c) of Section
1919 of the Social Security Act, as now or | 14 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 15 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 16 | | Older Americans Act of 1965, as now or hereafter
amended | 17 | | (42 U.S.C. 3058f), a long term care facility, supportive | 18 | | living
facility, assisted living
establishment, and shared | 19 | | housing establishment must:
| 20 | | (i) permit immediate access to any resident, | 21 | | regardless of age, by a designated
ombudsman;
| 22 | | (ii) permit representatives of the Office, with | 23 | | the permission of the
resident's legal representative | 24 | | or legal guardian, to examine a resident's
clinical and | 25 | | other records, regardless of the age of the resident, | 26 | | and if a resident is unable to consent to such
review, |
| | | 09900HB2246ham001 | - 10 - | LRB099 08179 KTG 33011 a |
|
| 1 | | and has no legal guardian, permit representatives of | 2 | | the Office
appropriate access, as defined by the | 3 | | Department, in consultation with the
Office, in | 4 | | administrative rules, to the resident's records; and
| 5 | | (iii) permit a representative of the Program to | 6 | | communicate privately and without restriction with any | 7 | | participant who consents to the communication | 8 | | regardless of the consent of, or withholding of consent | 9 | | by, a legal guardian or an agent named in a power of | 10 | | attorney executed by the participant. | 11 | | (2) Each long term care facility, supportive living | 12 | | facility, assisted
living establishment, and
shared | 13 | | housing establishment shall display, in multiple, | 14 | | conspicuous
public places within the facility accessible | 15 | | to both visitors and residents and
in an easily readable | 16 | | format, the address and phone number of the Office of the
| 17 | | Long Term Care Ombudsman, in a manner prescribed by the | 18 | | Office.
| 19 | | (e) Immunity. An ombudsman or any representative of the | 20 | | Office participating
in the good faith performance of his or | 21 | | her official duties
shall have immunity from any liability | 22 | | (civil, criminal or otherwise) in
any proceedings (civil, | 23 | | criminal or otherwise) brought as a consequence of
the | 24 | | performance of his official duties.
| 25 | | (f) Business offenses.
| 26 | | (1) No person shall:
|
| | | 09900HB2246ham001 | - 11 - | LRB099 08179 KTG 33011 a |
|
| 1 | | (i) Intentionally prevent, interfere with, or | 2 | | attempt to impede in any
way any representative of the | 3 | | Office in the performance of his
official
duties under | 4 | | this Act and the Older Americans Act of 1965; or
| 5 | | (ii) Intentionally retaliate, discriminate | 6 | | against, or effect reprisals
against any long term care | 7 | | facility resident or employee for contacting or
| 8 | | providing information to any representative of the | 9 | | Office.
| 10 | | (2) A violation of this Section is a business offense, | 11 | | punishable by a
fine not to exceed $501.
| 12 | | (3) The State Long Term Care Ombudsman shall
notify the | 13 | | State's Attorney of the
county in which the long term care | 14 | | facility, supportive living facility, or
assisted living | 15 | | or shared housing establishment is located,
or the Attorney | 16 | | General, of any violations of this Section.
| 17 | | (g) Confidentiality of records and identities. The | 18 | | Department shall
establish procedures for the disclosure by the | 19 | | State Ombudsman or the regional
ombudsmen
entities of files | 20 | | maintained by the program. The procedures shall provide that
| 21 | | the files and records may be disclosed only at the discretion | 22 | | of the State Long
Term Care
Ombudsman or the person designated | 23 | | by the State Ombudsman to disclose the files
and records, and | 24 | | the procedures shall prohibit the disclosure of the identity
of | 25 | | any complainant, resident, participant, witness, or employee | 26 | | of a long term care provider
unless:
|
| | | 09900HB2246ham001 | - 12 - | LRB099 08179 KTG 33011 a |
|
| 1 | | (1) the complainant, resident, participant, witness, | 2 | | or employee of a long term care
provider or his or her | 3 | | legal representative consents to the disclosure and the
| 4 | | consent is in writing;
| 5 | | (2) the complainant, resident, participant, witness, | 6 | | or employee of a long term care
provider gives consent | 7 | | orally; and the consent is documented contemporaneously
in | 8 | | writing in
accordance with such requirements as the | 9 | | Department shall establish; or
| 10 | | (3) the disclosure is required by court order.
| 11 | | (h) Legal representation. The Attorney General shall
| 12 | | provide legal representation to any representative of the | 13 | | Office
against
whom suit or other legal action is brought in | 14 | | connection with the
performance of the representative's | 15 | | official duties, in accordance with the
State Employee | 16 | | Indemnification Act.
| 17 | | (i) Treatment by prayer and spiritual means. Nothing in | 18 | | this Act shall
be construed to authorize or require the medical | 19 | | supervision, regulation
or control of remedial care or | 20 | | treatment of any resident in a long term
care facility operated | 21 | | exclusively by and for members or adherents of any
church or | 22 | | religious denomination the tenets and practices of which | 23 | | include
reliance solely upon spiritual means through prayer for | 24 | | healing.
| 25 | | (j) The Long Term Care Ombudsman Fund is created as a | 26 | | special fund in the State treasury to receive moneys for the |
| | | 09900HB2246ham001 | - 13 - | LRB099 08179 KTG 33011 a |
|
| 1 | | express purposes of this Section. All interest earned on moneys | 2 | | in the fund shall be credited to the fund. Moneys contained in | 3 | | the fund shall be used to support the purposes of this Section. | 4 | | (k) Each Regional Ombudsman may, in accordance with rules | 5 | | promulgated by the Office, establish a multi-disciplinary team | 6 | | to act in an advisory role for the purpose of providing | 7 | | professional knowledge and expertise in handling complex | 8 | | abuse, neglect, and advocacy issues involving participants. | 9 | | Each multi-disciplinary team may consist of one or more | 10 | | volunteer representatives from any combination of at least 7 | 11 | | members from the following professions: banking or finance; | 12 | | disability care; health care; pharmacology; law; law | 13 | | enforcement; emergency responder; mental health care; clergy; | 14 | | coroner or medical examiner; substance abuse; domestic | 15 | | violence; sexual assault; or other related fields. To support | 16 | | multi-disciplinary teams in this role, law enforcement | 17 | | agencies and coroners or medical examiners shall supply records | 18 | | as may be requested in particular cases. The Regional | 19 | | Ombudsman, or his or her designee, of the area in which the | 20 | | multi-disciplinary team is created shall be the facilitator of | 21 | | the multi-disciplinary team. | 22 | | (Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13; | 23 | | 98-989, eff. 1-1-15 .)".
|
|