Full Text of SB2137 102nd General Assembly
SB2137ham002 102ND GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 5/14/2021
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| 1 | | AMENDMENT TO SENATE BILL 2137
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Findings. | 5 | | (1) The General Assembly finds that contact with family, | 6 | | friends, and clergy is an integral part of the quality of life | 7 | | for nursing home residents. Social isolation has long been a | 8 | | trigger for declining mental and physical health. While the | 9 | | digital revolution creates a new approach for community | 10 | | connectedness, the State of Illinois stands firmly in | 11 | | agreement with the body of research that shows in-person | 12 | | interactions is the preferable and more impactful avenue for | 13 | | family, friends, and clergy to connect with and support | 14 | | nursing home residents and supports virtual visitation | 15 | | programs as a supplement to in-person interactions. | 16 | | Furthermore, the State of Illinois looks to government payor | 17 | | sources and integrated entities of the health care system, |
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| 1 | | including Medicaid managed care organizations, as key | 2 | | stakeholders in providing the adequate resources for residents | 3 | | to digitally connect with loved ones near and far. | 4 | | (2) The General Assembly further finds that use of | 5 | | electronic devices to make and maintain contact with nursing | 6 | | home residents is a new approach and as such must be approached | 7 | | with care to ensure the protection of nursing home residents | 8 | | from those who would seek to harm or defraud them using this | 9 | | new technology. | 10 | | Section 5. The Nursing Home Care Act is amended by adding | 11 | | Section 3-102.3 as follows: | 12 | | (210 ILCS 45/3-102.3 new) | 13 | | Sec. 3-102.3. Religious and recreational activities; | 14 | | social isolation. | 15 | | (a) In this Section: | 16 | | "Assistive and supportive technology and devices" means | 17 | | computers, video conferencing equipment, distance based | 18 | | communication technology, or other technological equipment, | 19 | | accessories, or electronic licenses as may be necessary to | 20 | | ensure that residents are able to engage in face-to-face, | 21 | | verbal-based, or auditory-based contact, communication, | 22 | | religious activity, or recreational activity with other | 23 | | facility residents and with family members, friends, loved | 24 | | ones, caregivers, and other external support systems, through |
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| 1 | | electronic means, in accordance with the provisions of | 2 | | paragraphs (2) and (3) of subsection (c). | 3 | | "Religious and recreational activities" includes any | 4 | | religious, social, or recreational activity that is consistent | 5 | | with a resident's preferences and choosing, regardless of | 6 | | whether the activity is coordinated, offered, provided, or | 7 | | sponsored by facility staff or by an outside activities | 8 | | provider. | 9 | | "Resident's representative" has the same meaning as | 10 | | provided in Section 1-123. | 11 | | "Social isolation" means a state of isolation wherein a | 12 | | resident of a long-term care facility is unable to engage in | 13 | | social interactions and religious and recreational activities | 14 | | with other facility residents or with family members, friends, | 15 | | loved ones, caregivers and external support systems. | 16 | | "Virtual visitation" means the use of face-to-face, | 17 | | verbal-based, or auditory-based contact through electronic | 18 | | means. | 19 | | (b) The Department shall: | 20 | | (1) require each long-term care facility in the State | 21 | | to adopt and implement written policies, provide for the | 22 | | availability of assistive and supportive technology and | 23 | | devices to facility residents, and ensure that appropriate | 24 | | staff are in place to help prevent the social isolation of | 25 | | facility residents; and | 26 | | (2) communicate regularly with the Department of |
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| 1 | | Healthcare and Family Services and the Department on Aging | 2 | | regarding intergovernmental cooperation concerning best | 3 | | practices for potential funding for facilities to mitigate | 4 | | the potential for racial disparities as an unintended | 5 | | consequence of this Act. | 6 | | The virtual visitation policies shall not be interpreted | 7 | | as a substitute for in-person visitation, but shall be wholly | 8 | | in addition to existing in-person visitation policies. | 9 | | (c) The social isolation prevention policies adopted by | 10 | | each long-term care facility pursuant to subsection (b) shall | 11 | | be consistent with rights and privileges guaranteed to | 12 | | residents and constraints provided under Sections 2-108, | 13 | | 2-109, and 2-110 and shall include the following: | 14 | | (1) authorization and inclusion of specific protocols | 15 | | and procedures to encourage and enable residents of the | 16 | | facility to engage in in-person contact, communication, | 17 | | religious activity, and recreational activity with other | 18 | | facility residents and with family members, friends, loved | 19 | | ones, caregivers, and other external support systems, | 20 | | except when prohibited, restricted, or limited by federal | 21 | | or State statute, rule, regulation, executive order, or | 22 | | guidance; | 23 | | (2) authorization and inclusion of specific protocols | 24 | | and procedures to encourage and enable residents to engage | 25 | | in face-to-face, verbal-based, or auditory-based contact, | 26 | | communication, religious activity, and recreational |
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| 1 | | activity with other facility residents and with family | 2 | | members, friends, loved ones, caregivers, and other | 3 | | external support systems through the use of electronic or | 4 | | virtual means and methods, including, but not limited to, | 5 | | computer technology, the Internet, social media, | 6 | | videoconferencing, videophone, and other innovative | 7 | | technological means or methods, whenever the resident is | 8 | | subject to restrictions that limit his or her ability to | 9 | | engage in in-person contact, communication, religious | 10 | | activity, or recreational activity as authorized by | 11 | | paragraph (1) and when the technology requested is not | 12 | | being used by other residents in the event of a limited | 13 | | number of items of technology in a facility; | 14 | | (3) a mechanism for residents of the facility or the | 15 | | residents' representatives to request access to assistive | 16 | | and supportive technology and devices as may be necessary | 17 | | to facilitate the residents' engagement in face-to-face, | 18 | | verbal-based, or auditory-based contact, communication, | 19 | | religious activity, and recreational activity with other | 20 | | residents, family members, friends, and other external | 21 | | support systems, through electronic means, as provided by | 22 | | paragraph (2); | 23 | | (4) specific administrative policies, procedures, and | 24 | | protocols governing: | 25 | | (A) the acquisition, maintenance, and replacement | 26 | | of assistive and supportive technology and devices; |
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| 1 | | (B) the use of environmental barriers and other | 2 | | controls when the assistive and supportive technology | 3 | | and devices acquired pursuant to subparagraph (A) are | 4 | | in use, especially in cases where the assistive and | 5 | | supportive technology and devices are likely to become | 6 | | contaminated with bodily substances, are touched | 7 | | frequently, or are difficult to clean; and | 8 | | (C) the regular cleaning of the assistive and | 9 | | supportive technology and devices acquired pursuant to | 10 | | subparagraph (A) and any environmental barriers or | 11 | | other physical controls used in association therewith; | 12 | | (5) a requirement that (i) upon admission and (ii) at | 13 | | the request of a resident or the resident's | 14 | | representative, appropriate staff shall develop and update | 15 | | an individualized virtual visitation schedule while taking | 16 | | into account the individual's requests and preferences | 17 | | with respect to the residents' participation in social | 18 | | interactions and religious and recreational activities; | 19 | | (6) a requirement that appropriate staff, upon the | 20 | | request of a resident or the resident's family members, | 21 | | guardian, or
representative, shall develop an | 22 | | individualized virtual visitation
schedule for the | 23 | | resident, which shall: | 24 | | (A) address the need for a virtual visitation | 25 | | schedule and establish a virtual visitation schedule | 26 | | if deemed to be appropriate; |
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| 1 | | (B) identify the assessed needs and preferences of | 2 | | the resident and any preferences specified by the
| 3 | | resident's representative, unless a preference
| 4 | | specified by the resident conflicts with a preference
| 5 | | specified by the resident's representative, in which
| 6 | | case the resident's preference shall take priority; | 7 | | (C) document the long-term care facility's defined
| 8 | | virtual hours of visitation and inform the resident
| 9 | | and the resident's representative that virtual | 10 | | visitation
pursuant to paragraph (2) of subsection (c) | 11 | | will
adhere to the defined visitation hours; | 12 | | (D) describe the location within the facility and | 13 | | assistive and supportive technology and devices to be | 14 | | used in virtual visitation; and | 15 | | (E) describe the respective responsibilities of
| 16 | | staff, visitors, and the resident when engaging in
| 17 | | virtual visitation pursuant to the individualized | 18 | | visitation
plan; | 19 | | (7) a requirement (i) upon admission and (ii) at the | 20 | | request of the resident or the resident's representative, | 21 | | to provide notification to the resident and the resident's | 22 | | representative that they have the right to request of | 23 | | facility staff the creation and review of a resident's | 24 | | individualized virtual visitation schedule; | 25 | | (8) a requirement (i) upon admission and (ii) at the | 26 | | request of the resident or resident's representative, to |
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| 1 | | provide, in writing to the resident or resident's | 2 | | representative, virtual visitation hours, how to schedule
| 3 | | a virtual visitation, and how to request assistive and | 4 | | supportive technology and devices; | 5 | | (9) specific policies, protocols, and
procedures | 6 | | governing a resident's requisition, use, and
return of | 7 | | assistive and supportive technology and devices maintained | 8 | | pursuant to
subparagraph (A) of paragraph (4), and require | 9 | | appropriate
staff to communicate those policies, | 10 | | protocols, and
procedures to residents; and | 11 | | (10) the designation of at least one member of the | 12 | | therapeutic recreation or activities department, or, if | 13 | | the facility does not have such a department, the | 14 | | designation of at least one senior staff member, as | 15 | | determined by facility management, to train other | 16 | | appropriate facility employees, including, but not limited | 17 | | to, activities professionals and volunteers, social | 18 | | workers, occupational therapists, and therapy assistants, | 19 | | to provide direct assistance to residents upon request and | 20 | | on an as-needed basis, as necessary to ensure that each | 21 | | resident is able to successfully access and use, for the | 22 | | purposes specified in paragraphs (2) and (3) of this | 23 | | subsection, the assistive and supportive technology and | 24 | | devices acquired pursuant to subparagraph (A) of paragraph | 25 | | (4). | 26 | | (d) A long-term care facility may apply to the Department |
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| 1 | | for civil monetary
penalty fund grants for assistive and | 2 | | supportive technology and devices and may request other | 3 | | available federal
and State funds. | 4 | | (e) The Department shall determine whether a long-term
| 5 | | care facility is in compliance with the provisions of this
| 6 | | Section and the policies, protocols, and procedures adopted
| 7 | | pursuant to this Section in accordance with the Nursing Home | 8 | | Care Act for surveys and inspections. | 9 | | In addition to any other applicable penalties provided by | 10 | | law, a long-term care facility that fails to comply with the | 11 | | provisions of this Section or properly implement the policies, | 12 | | protocols, and procedures adopted pursuant to subsection (b) | 13 | | shall be liable to pay an administrative penalty as a Type "C" | 14 | | violation, the amount of which shall be determined in | 15 | | accordance with a schedule established by the Department by | 16 | | rule. The schedule shall provide for an enhanced | 17 | | administrative penalty in the case of a repeat or ongoing | 18 | | violation. Implementation of an administrative penalty as a | 19 | | Type "C" violation under this subsection shall not be imposed | 20 | | prior to January 1, 2023. | 21 | | (f) Whenever a complaint received by the Office of State | 22 | | Long Term Care Ombudsman discloses evidence that a long-term | 23 | | care facility has failed to comply with the provisions of this | 24 | | Section or to properly implement the policies, protocols, and | 25 | | procedures adopted pursuant to subsection (b), the Office of | 26 | | State Long Term Care Ombudsman shall refer the matter to the |
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| 1 | | Department. | 2 | | (g) This Section does not impact, limit, or constrict a | 3 | | resident's right to or usage of his or her personal property or | 4 | | electronic monitoring under Section 2-115. | 5 | | (h) Specific protocols and procedures shall be developed | 6 | | to
ensure that the quantity of assistive and supportive | 7 | | technology and devices maintained on-site at the facility | 8 | | remains sufficient, at all times, to meet the assessed social | 9 | | and activity needs and preferences of each facility resident. | 10 | | Residents' family members or caregivers should be considered, | 11 | | as appropriate, in the assessment and reassessment. | 12 | | (i) Within 60 days after the effective date of this | 13 | | amendatory Act of the 102nd General Assembly, the Department | 14 | | shall file rules necessary to implement the provisions of this | 15 | | Section. The rules shall include, but need not be limited to, | 16 | | minimum standards for the social isolation prevention policies | 17 | | to be adopted pursuant to subsection (b), a penalty schedule | 18 | | to be used pursuant to subsection (e), and policies
regarding | 19 | | a long-term care facility's Internet access and
subsequent | 20 | | Internet barriers in relation to a resident's
virtual | 21 | | visitation plan pursuant to paragraph (2) of subsection (c). | 22 | | (j) The Department's rules under subsection (i) shall take | 23 | | into account Internet bandwidth limitations outside of the | 24 | | control of a long-term care facility. | 25 | | (k) Nothing in this Section shall be interpreted to mean | 26 | | that addressing the issues of social isolation shall take |
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| 1 | | precedence over providing for the health and safety of the | 2 | | residents. | 3 | | Section 10. The Illinois Administrative Procedure Act is | 4 | | amended by adding Section 5-45.8 as follows: | 5 | | (5 ILCS 100/5-45.8 new) | 6 | | Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act. | 7 | | To provide for the expeditious and timely implementation of | 8 | | this amendatory Act of the 102nd General Assembly, emergency | 9 | | rules implementing Section 3-102.3 of the Nursing Home Care | 10 | | Act may be adopted in accordance with Section 5-45 by the | 11 | | Department of Public Health. The adoption of emergency rules | 12 | | authorized by Section 5-45 and this Section is deemed to be | 13 | | necessary for the public interest, safety, and welfare. | 14 | | This Section is repealed on January 1, 2027.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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