Full Text of SB2270 102nd General Assembly
SB2270eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-120 as follows: | 6 | | (210 ILCS 45/3-120) | 7 | | Sec. 3-120. Certification of behavioral management units. | 8 | | (a) No later than January 1, 2022 2011 , the Department | 9 | | shall file with the Secretary of State's Office Joint | 10 | | Committee on Administrative Rules , pursuant to the Illinois | 11 | | Administrative Procedure Act, proposed rules or proposed | 12 | | amendments to existing rules to certify nursing homes or | 13 | | distinct self-contained units within existing nursing homes | 14 | | for the behavioral management of persons with a high risk of | 15 | | aggression. The purpose of the certification program is to | 16 | | ensure that the safety of residents, employees, and the public | 17 | | is preserved. | 18 | | (b) The Department's rules shall, at a minimum, provide | 19 | | for the following: | 20 | | (1) A security and safety assessment, completed before | 21 | | admission to a certified unit if an Identified Offender | 22 | | Report and Recommendation or other criminal risk analysis | 23 | | has not been completed, to identify existing or potential |
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| 1 | | residents at risk of committing violent acts and determine | 2 | | appropriate preventive action to be taken. The assessment | 3 | | shall include, but need not be limited to, (i) a measure of | 4 | | the frequency of, (ii) an identification of the | 5 | | precipitating factors for, and (iii) the consequences of, | 6 | | violent acts. The security and safety assessment shall be | 7 | | in addition to any risk-of-harm assessment performed by a | 8 | | PAS screener, but may use the results of this or any other | 9 | | assessment. The security and safety assessment shall be | 10 | | completed by the same licensed forensic psychologist who | 11 | | prepares Identified Offender Reports and Recommendations | 12 | | for identified offenders. | 13 | | (2) Development of an individualized treatment and | 14 | | behavior management plan for each resident to reduce | 15 | | overall and specific risks. | 16 | | (3) Room selection and appropriateness of roommate | 17 | | assignment. | 18 | | (4) Protection of residents, employees, and members of | 19 | | the public from aggression by residents. | 20 | | (5) Supervision and monitoring. | 21 | | (6) Staffing levels. | 22 | | (7) Quality assurance and improvement. | 23 | | (8) Staff training, conducted during orientation and | 24 | | periodically thereafter, specific to each job description | 25 | | covering the following topics as appropriate: | 26 | | (A) The violence escalation cycle. |
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| 1 | | (B) Violence predicting factors. | 2 | | (C) Obtaining a history from a resident with a | 3 | | history of violent behavior. | 4 | | (D) Verbal and physical techniques to de-escalate | 5 | | and minimize violent behavior. | 6 | | (E) Strategies to avoid physical harm. | 7 | | (F) Containment techniques, as permitted and | 8 | | governed by law. | 9 | | (G) Appropriate treatment to reduce violent | 10 | | behavior. | 11 | | (H) Documenting and reporting incidents of | 12 | | violence. | 13 | | (I) The process whereby employees affected by a | 14 | | violent act may be debriefed or calmed down and the | 15 | | tension of the situation may be reduced. | 16 | | (J) Any resources available to employees for | 17 | | coping with violence. | 18 | | (K) Any other topic deemed appropriate based on | 19 | | job description and the needs of this population. | 20 | | (9) Elimination or reduction of environmental factors | 21 | | that affect resident safety. | 22 | | (10) Periodic independent reassessment of the | 23 | | individual resident for appropriateness of continued | 24 | | placement on the certified unit. For the purposes of this | 25 | | paragraph (10), "independent" means that no professional | 26 | | or financial relationship exists between any person making |
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| 1 | | the assessment and any community provider or long term | 2 | | care facility. | 3 | | (11) A definition of a "person with high risk of | 4 | | aggression". The definition shall not include any person | 5 | | with a serious mental illness who is eligible to receive | 6 | | services under the Specialized Mental Health | 7 | | Rehabilitation Act of 2013. | 8 | | The Department shall develop the administrative rules | 9 | | under this subsection (b) in collaboration with other relevant | 10 | | State agencies and in consultation with (i) advocates for | 11 | | residents, (ii) providers of nursing home services, and (iii) | 12 | | labor and employee-representation organizations. | 13 | | (c) A long term care facility found to be out of compliance | 14 | | with the certification requirements under Section 3-120 may be | 15 | | subject to denial, revocation, or suspension of the behavioral | 16 | | management unit certification or the imposition of sanctions | 17 | | and penalties, including the immediate suspension of new | 18 | | admissions. Hearings shall be conducted pursuant to Part 7 of | 19 | | Article III of this Act. | 20 | | (d) The Department shall establish a certification fee | 21 | | schedule by rule, in consultation with advocates, nursing | 22 | | homes, and representatives of associations representing long | 23 | | term care facilities.
| 24 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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