Illinois General Assembly - Full Text of SB2301
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Full Text of SB2301  99th General Assembly


Sen. David Koehler

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2301, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Alzheimer's Disease and Related Dementias Services Act.
7    Section 5. Purpose. The General Assembly finds that
8oversight of Alzheimer's disease and related dementias
9services is in the best interests of individuals diagnosed with
10Alzheimer's disease or a dementia-related disease and their
11families and friends struggling to find appropriate services
12and care. As such, it is the intent of the General Assembly
13that all Alzheimer's disease and related dementias services
14shall comply with rules adopted by the Department in compliance
15with this Act.



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1    Section 10. Definitions. In this Act:
2    "Department" means the Department of Public Health.
3    "Director" means the Director of Public Health.
4    "Alzheimer's disease and related dementias services" means
5services offered to individuals diagnosed with Alzheimer's
6disease or a dementia-related disease for the purpose of
7managing the individual's disease.
8    Section 15. Applicability. Programs covered by this Act
9include, but are not limited to, health care facilities
10licensed or certified by the Assisted Living and Shared Housing
11Act; Life Care Facilities Act; Nursing Home Care Act;
12Specialized Mental Health Rehabilitation Act of 2013; Home
13Health, Home Services, and Home Nursing Agency Licensing Act;
14Hospice Program Licensing Act; and End Stage Renal Disease
15Facility Act. This Act does not apply to physicians licensed to
16practice medicine in all its branches.
17    Section 20. Alzheimer's disease and related dementias
18services guidelines.
19    (a) The Department shall no later than September 1, 2017
20publish proposed rules to implement this Act.
21    (b) The Department shall be granted authority to initiate
22discussions with all affected provider groups, advocate
23organizations, and other individuals and groups identified by
24the Director to be critical to the development of applicable



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1rules upon this Act becoming law.
2    Section 25. Covered services, disclosures, prohibition,
3preemption. Upon the adoption of rules implementing this Act:
4        (1) Any and all Alzheimer's disease or related
5    dementias services shall comply with the Alzheimer's
6    disease and related dementias services guidelines, except
7    as provided in subsection (d).
8        (2) Materials defining the philosophy of the services,
9    specific services offered, and behavior management tactics
10    and drug therapies employed shall be provided upon
11    admission or enrollment, or earlier upon request,
12    including a disclaimer that the services are not certified
13    under the Alzheimer's Disease and Related Dementias
14    Special Care Disclosure Act.
15        (3) Advertising or verbally offering to provide
16    Alzheimer's disease and related dementias services that
17    are not in compliance with the requirements set forth in
18    this Act is prohibited.
19        (4) If a conflict occurs between this Act and the
20    Assisted Living and Shared Housing Act, the Nursing Home
21    Care Act, or the Alzheimer's Disease and Related Dementias
22    Special Care Disclosure Act, then the Assisted Living and
23    Shared Housing Act, the Nursing Home Care Act, or the
24    Alzheimer's Disease and Related Dementias Special Care
25    Disclosure Act shall prevail.



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1    Section 30. Staff training.
2    (a) Staff with direct access to clients with Alzheimer's
3disease or a related dementia hired prior to the adoption of
4rules implementing this Act shall receive a minimum of 6 hours
5of initial training within 90 days after the effective date of
6this Act using Alzheimer's disease and related dementias
7services certified by the Department, except as provided in
8subsection (c).
9    (b) Staff with direct access to clients with Alzheimer's
10disease or a related dementia hired after the adoption of rules
11implementing this Act shall complete a minimum of 6 hours of
12initial training in the first 60 days of employment using an
13Alzheimer's disease and related dementias services curriculum
14certified by the Department, except as provided in subsection
16    (c) Subsections (a) and (b) shall not apply to the
18        (1) staff who received at least 6 hours of comparable
19    training in compliance with licensure or certified
20    training requirements; and
21        (2) staff temporarily hired or temporarily detailed by
22    a facility licensed under the Nursing Home Care Act to
23    permit the facility to meet statutory staffing
24    requirements.
25    (d) An Alzheimer's disease and related dementias services



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1curriculum certified by the Department must include at a
2minimum the following topics: understanding dementia,
3effectively communicating with individuals with dementia,
4assisting individuals with dementia in performing activities
5of daily living, problem solving with individuals with dementia
6who exhibit challenging behavior, fundamentals of dementia
7care, safe environments, and managing the activities of
8individuals with dementia.
9    (e) An individual who received training consistent with the
10requirements of this Section while employed by another program
11or through an educational institution or an individual with 3
12or more years of experience working with Alzheimer's disease
13and related dementias services may petition the Department for
14a waiver of the initial training requirements set forth in this
15Section. The Department shall evaluate each request on a case
16by case basis.
17    (f) Upon the adoption of rules implementing this Act, staff
18with direct access to clients with dementia shall receive 3
19hours of advanced training on caring for individuals with
20Alzheimer's disease and related dementias each year.
21    (g) Upon the adoption of rules implementing this Act,
22Alzheimer's disease and related dementias services program
23employers shall maintain training records and make them
24available to the Department on request.
25    Section 35. Program director. Upon the adoption of rules



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1implementing this Act, in addition to the training required
2under Section 30 of this Act, the director of an Alzheimer's
3disease and related dementias services program shall complete
4an Alzheimer's disease and related dementias services
5curriculum from a list compiled by the Department or have 5
6years of experience as a director of an Alzheimer's disease and
7related dementias services program.
8    Section 40. Penalties.
9    (a) Any entity licensed, certified, or regulated by the
10State that knowingly holds itself out as a provider of
11Alzheimer's disease and related dementias services and fails to
12comply with this Act is deemed to have violated the statute or
13statutes governing the licensure, certification, or regulation
14of the entity and any contract or agreement the entity has with
15the State.
16    (b) Any entity not operated by the federal government or
17any agency thereof or individual not covered by subsection (a)
18that knowingly holds himself, herself, or itself out as a
19provider of Alzheimer's disease and related dementias services
20and fails to comply with this Act is guilty of a business
21offense punishable by a fine of at least $1,001.
22    Section 45. Assessment. Twenty-four months after the
23adoption of rules implementing this Act, the Department shall
24convene a work group made up of experts in Alzheimer's disease



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1and related dementias services programming, providers,
2families and caregivers, and other interested parties to assess
3the understanding of and compliance with the Act and rules. The
4work group shall provide the Director and General Assembly with
5recommendations related to this Act and rules. Once the
6recommendations are submitted, the work group shall be
8    Section 90. Repealer.
9    (a) This Act is repealed as provided in subsection (b) of
10this Section unless the General Assembly authorizes an
11extension of the Act for an additional period of 36 months.
12    (b) Upon the adoption of rules implementing this Act, the
13Department shall file with the Index Department of the Office
14of the Secretary of State a declaration to that effect, and
15shall notify the Clerk of the House of Representatives, the
16Secretary of the Senate, and the Legislative Reference Bureau
17of the filing of the declaration. This Act is repealed 36
18months after the date specified in the declaration.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".