Illinois General Assembly - Full Text of SB1633
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Full Text of SB1633  102nd General Assembly


Sen. Karina Villa

Filed: 2/24/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 1633, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Nursing Home Care Act is amended by
6changing Sections 2-101, 2-112, 2-113, and 3-209 as follows:
7    (210 ILCS 45/2-101)  (from Ch. 111 1/2, par. 4152-101)
8    Sec. 2-101. No resident shall be deprived of any rights,
9benefits, or privileges guaranteed by State or federal law,
10the Constitution of the State of Illinois, or the Constitution
11of the United States solely on account of his or her status as
12a resident of a facility. Residents shall have the right to be
13treated with courtesy and respect by employees or persons
14providing medical services or care and shall have their human
15and civil rights maintained in all aspects of medical care as
16defined in the State Operations Manual for Long-Term Care



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1Facilities. In accordance with 42 CFR 483.10, residents shall
2have their basic human needs, including, but not limited to,
3water, food, medication, toileting, and personal hygiene,
4accommodated in a timely manner, as defined by the person and
5agreed upon by the interdisciplinary team. Residents have the
6right to maintain their autonomy as much as possible.
7(Source: P.A. 81-223.)
8    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)
9    Sec. 2-112. A resident shall be permitted to present
10grievances on behalf of himself or others to the
11administrator, the Long-Term Care Facility Advisory Board, the
12residents' advisory council, State governmental agencies, or
13other persons of the resident's choice, free from restraint,
14interference, coercion, or discrimination and without threat
15of discharge or reprisal in any form or manner whatsoever.
16Every facility licensed under this Act shall have a written
17internal grievance procedure that, at a minimum:
18        (1) sets forth the process to be followed;
19        (2) specifies time limits, including time limits for
20    facility response;
21        (3) informs residents of their right to have the
22    assistance of an advocate;
23        (4) provides for a timely response within 25 days by
24    an impartial and nonaffiliated third party, including, but
25    not limited to, the Long-Term Care Ombudsman, if the



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1    grievance is not otherwise resolved by the facility;
2        (5) requires the facility to follow applicable State
3    and federal requirements for responding to and reporting
4    any grievance alleging potential abuse, neglect,
5    misappropriation of resident property, or exploitation;
6    and
7        (6) requires the facility to keep a copy of all
8    grievances, responses, and outcomes for 3 years and
9    provide the information to the Department upon request.
10    In accordance with F574 of the State Operations Manual for
11Long-Term Care Facilities, the administrator shall provide all
12residents or their representatives upon admission and at
13request with the name, address, and telephone number of the
14appropriate State governmental office where complaints may be
15lodged in language the resident can understand, which must
16include notice of the grievance procedure of the facility or
17program and addresses and phone numbers for the Office of
18Health Care Regulation and the Long-Term Care Ombudsman
19Program. The administrator shall provide all residents or
20their representatives with the name, address, and telephone
21number of the appropriate State governmental office where
22complaints may be lodged.
23(Source: P.A. 81-223.)
24    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)
25    Sec. 2-113. A resident may refuse to perform labor for a



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1facility. Residents shall not perform labor or services for
2the facility unless consistent with F566 of the State
3Operations Manual for Long-Term Care Facilities. The
4activities must be included for therapeutic purposes and be
5appropriately goal related to the individual's care plan. If a
6resident chooses to perform labor or services, the resident
7must be compensated at or above the prevailing wage rate.
8(Source: P.A. 81-223.)
9    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
10    Sec. 3-209. Required posting of information.
11    (a) Every facility shall conspicuously post for display in
12an area of its offices accessible to residents, employees, and
13visitors the following:
14        (1) Its current license;
15        (2) A description, provided by the Department, of
16    complaint procedures established under this Act and the
17    name, address, and telephone number of a person authorized
18    by the Department to receive complaints;
19        (3) A copy of any order pertaining to the facility
20    issued by the Department or a court; and
21        (4) A list of the material available for public
22    inspection under Section 3-210; .
23        (5) Phone numbers and websites for rights protection
24    services must be posted in common areas and at the main
25    entrance and provided upon entry and at the request of



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1    residents or the resident's representative in accordance
2    with 42 CFR 483.10(j)(4); and
3        (6) The statement "The Illinois Long-Term Care
4    Ombudsman Program is a free resident advocacy service
5    available to the public.".
6    In accordance with F574 of the State Operations Manual for
7Long-Term Care Facilities, the administrator shall post for
8all residents and at the main entrance the name, address, and
9telephone number of the appropriate State governmental office
10where complaints may be lodged in language the resident can
11understand, which must include notice of the grievance
12procedure of the facility or program as well as addresses and
13phone numbers for the Office of Health Care Regulation and the
14Long-Term Care Ombudsman Program and a website showing the
15information of a facility's ownership. The facility shall
16include a link to the Long-Term Care Ombudsman Program's
17website on the home page of the facility's website.
18    (b) A facility that has received a notice of violation for
19a violation of the minimum staffing requirements under Section
203-202.05 shall display, during the period of time the facility
21is out of compliance, a notice stating in Calibri (body) font
22and 26-point type in black letters on an 8.5 by 11 inch white
23paper the following:
24"Notice Dated: ...................
25This facility does not currently meet the minimum staffing



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1ratios required by law. Posted at the direction of the
2Illinois Department of Public Health.".
3The notice must be posted, at a minimum, at all publicly used
4exterior entryways into the facility, inside the main entrance
5lobby, and next to any registration desk for easily accessible
6viewing. The notice must also be posted on the main page of the
7facility's website. The Department shall have the discretion
8to determine the gravity of any violation and, taking into
9account mitigating and aggravating circumstances and facts,
10may reduce the requirement of, and amount of time for, posting
11the notice.
12(Source: P.A. 101-10, eff. 6-5-19.)".