Rep. Deb Conroy

Filed: 4/4/2016





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2    AMENDMENT NO. ______. Amend House Bill 4524 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Alzheimer's Disease and Related Dementias Services Act.
6    Section 5. Purpose. The General Assembly finds that
7oversight of Alzheimer's disease and related dementias
8services is in the best interests of individuals diagnosed with
9Alzheimer's disease or a dementia-related disease and their
10families and friends struggling to find appropriate services
11and care. As such, it is the intent of the General Assembly
12that all Alzheimer's disease and related dementias services
13shall comply with rules adopted by the Department in compliance
14with this Act.
15    Section 10. Definitions. In this Act:



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1    "Department" means the Department of Public Health.
2    "Director" means the Director of Public Health.
3    "Alzheimer's disease and related dementias services" means
4services offered to individuals diagnosed with Alzheimer's
5disease or a dementia-related disease for the purpose of
6managing the individual's disease.
7    Section 15. Applicability. Programs covered by this Act
8include, but are not limited to, health care facilities and
9hospitals licensed or certified by the Assisted Living and
10Shared Housing Act; Community Living Facilities Licensing Act;
11Life Care Facilities Act; Nursing Home Care Act; MC/DD Act;
12ID/DD Community Care Act; Specialized Mental Health
13Rehabilitation Act of 2013; Home Health, Home Services, and
14Home Nursing Agency Licensing Act; Hospice Program Licensing
15Act; End Stage Renal Disease Facility Act; Hospital Licensing
16Act; Community-Integrated Living Arrangements Licensure and
17Certification Act; Community Residential Alternatives
18Licensing Act; and the University of Illinois Hospital Act.
19Regardless of State licensure or certification, programs
20covered by this Act also include any individual or entity in
21the State that holds himself, herself, or itself out as a
22provider of Alzheimer's disease and related dementias
24    Section 20. Alzheimer's disease and related dementias



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1services guidelines.
2    (a) The Department shall no later than January 1, 2017
3publish proposed rules to implement this Act.
4    (b) The Department shall be granted authority to initiate
5discussions with all affected provider groups, advocate
6organizations, and other individuals and groups identified by
7the Director to be critical to the development of applicable
8rules upon this Act becoming law.
9    Section 25. Covered services, disclosures, prohibition,
10preemption. Upon the adoption of rules implementing this Act:
11        (1) Any and all Alzheimer's disease or related
12    dementias services shall comply with the Alzheimer's
13    disease and related dementias services guidelines, except
14    as provided in paragraph (4).
15        (2) Materials defining the philosophy of the services,
16    specific services offered, and behavior management tactics
17    and drug therapies employed shall be provided upon
18    admission or enrollment, or earlier upon request,
19    including a disclaimer that the services are not certified
20    under the Alzheimer's Disease and Related Dementias
21    Special Care Disclosure Act.
22        (3) Advertising or verbally offering to provide
23    Alzheimer's disease and related dementias services that
24    are not in compliance with the requirements set forth in
25    this Act is prohibited.



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1        (4) If a conflict occurs between this Act and the
2    Assisted Living and Shared Housing Act, the Nursing Home
3    Care Act, or the Alzheimer's Disease and Related Dementias
4    Special Care Disclosure Act, then the Assisted Living and
5    Shared Housing Act, the Nursing Home Care Act, or the
6    Alzheimer's Disease and Related Dementias Special Care
7    Disclosure Act shall prevail.
8    Section 30. Staff training.
9    (a) Staff with direct access to clients with Alzheimer's
10disease or a related dementia hired prior to the adoption of
11rules implementing this Act shall receive a minimum of 6 hours
12of initial training within 90 days after the effective date of
13this Act using Alzheimer's disease and related dementias
14services certified by the Department, except as provided in
15subsection (c).
16    (b) Staff with direct access to clients with Alzheimer's
17disease or a related dementia hired after the adoption of rules
18implementing this Act shall complete a minimum of 6 hours of
19initial training in the first 60 days of employment using an
20Alzheimer's disease and related dementias services curriculum
21certified by the Department, except as provided in subsection
23    (c) Subsections (a) and (b) shall not apply to the
25        (1) staff who received at least 6 hours of comparable



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1    training in compliance with licensure or certified
2    training requirements; and
3        (2) staff temporarily hired by a facility licensed
4    under the Nursing Home Care Act to permit the facility to
5    meet statutory staffing requirements.
6    (d) An Alzheimer's disease and related dementias services
7curriculum certified by the Department must include at a
8minimum the following topics: understanding dementia,
9effectively communicating with individuals with dementia,
10assisting individuals with dementia in performing activities
11of daily living, problem solving with individuals with dementia
12who exhibit challenging behavior, fundamentals of dementia
13care, safe environments, and managing the activities of
14individuals with dementia.
15    (e) An individual who received training consistent with the
16requirements of this Section while employed by another program
17or through an educational institution or an individual with 3
18or more years of experience working with Alzheimer's disease
19and related dementias services may petition the Department for
20a waiver of the initial training requirements set forth in this
21Section. The Department shall evaluate each request on a case
22by case basis.
23    (f) Upon the adoption of rules implementing this Act, staff
24with direct access to clients with dementia shall receive 3
25hours of advanced training on caring for individuals with
26Alzheimer's disease and related dementias each year.



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1    (g) Upon the adoption of rules implementing this Act,
2Alzheimer's disease and related dementias services program
3employers shall maintain training records and make them
4available to the Department on request.
5    Section 35. Program director. Upon the adoption of rules
6implementing this Act, in addition to the training required
7under Section 30 of this Act, the director of an Alzheimer's
8disease and related dementias services program shall complete a
9nationally recognized certification program from a list
10compiled by the Department or have 5 years of experience as a
11director of an Alzheimer's disease and related dementias
12services program.
13    Section 40. Penalties.
14    (a) Any entity licensed, certified, or regulated by the
15State that knowingly holds itself out as a provider of
16Alzheimer's disease and related dementias services and fails to
17comply with this Act is deemed to have violated the statute or
18statutes governing the licensure, certification, or regulation
19of the entity and any contract or agreement the entity has with
20the State.
21    (b) Any entity not operated by the federal government or
22any agency thereof or individual not covered by subsection (a)
23that knowingly holds himself, herself, or itself out as a
24provider of Alzheimer's disease and related dementias services



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1and fails to comply with this Act is guilty of a business
2offense punishable by a fine of at least $1,001.
3    Section 45. Evaluation. Twenty-four months after the
4adoption of compliance rules implementing this Act, the
5Department shall convene a work group made up of advocates for
6program participants, experts in Alzheimer's disease and
7related dementias services programming, and providers of
8programs covered by this Act to evaluate the effectiveness of
9this Act. The work group shall notify the Director and General
10Assembly of whether it recommends the reauthorization of the
11Act and any recommended changes.
12    Section 90. Repealer.
13    (a) This Act is repealed as provided in subsection (b) of
14this Section unless the General Assembly authorizes an
15extension of the Act for an additional period of 36 months.
16    (b) Upon the adoption of rules implementing this Act, the
17Department shall file with the Index Department of the Office
18of the Secretary of State a declaration to that effect, and
19shall notify the Clerk of the House of Representatives, the
20Secretary of the Senate, and the Legislative Reference Bureau
21of the filing of the declaration. This Act is repealed 36
22months after the date specified in the declaration.
23    Section 99. Effective date. This Act takes effect upon



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1becoming law.".