Illinois General Assembly - Full Text of SB2957
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Full Text of SB2957  103rd General Assembly

SB2957sam001 103RD GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 3/12/2024

 

 


 

 


 
10300SB2957sam001LRB103 38874 KTG 70280 a

1
AMENDMENT TO SENATE BILL 2957

2    AMENDMENT NO. ______. Amend Senate Bill 2957 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.04 as follows:
 
6    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
7    Sec. 4.04. Long Term Care Ombudsman Program. The purpose
8of the Long Term Care Ombudsman Program is to ensure that older
9persons and persons with disabilities receive quality
10services. This is accomplished by providing advocacy services
11for residents of long term care facilities and participants
12receiving home care and community-based care. Managed care is
13increasingly becoming the vehicle for delivering health and
14long-term services and supports to seniors and persons with
15disabilities, including dual eligible participants. The
16additional ombudsman authority will allow advocacy services to

 

 

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1be provided to Illinois participants for the first time and
2will produce a cost savings for the State of Illinois by
3supporting the rebalancing efforts of the Patient Protection
4and Affordable Care Act.
5    (a) Long Term Care Ombudsman Program. The Department shall
6establish a Long Term Care Ombudsman Program, through the
7Office of State Long Term Care Ombudsman ("the Office"), in
8accordance with the provisions of the Older Americans Act of
91965, as now or hereafter amended. The Long Term Care
10Ombudsman Program is authorized, subject to sufficient
11appropriations, to advocate on behalf of older persons and
12persons with disabilities residing in their own homes or
13community-based settings, relating to matters which may
14adversely affect the health, safety, welfare, or rights of
15such individuals.
16    (b) Definitions. As used in this Section, unless the
17context requires otherwise:
18        (1) "Access" means the right to:
19            (i) Enter any long term care facility or assisted
20        living or shared housing establishment or supportive
21        living facility;
22            (ii) Communicate privately and without restriction
23        with any resident, regardless of age, who consents to
24        the communication;
25            (iii) Seek consent to communicate privately and
26        without restriction with any participant or resident,

 

 

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1        regardless of age;
2            (iv) Inspect and copy the clinical and other
3        records of a participant or resident, regardless of
4        age, with the express written consent of the
5        participant or resident, or if consent is given
6        orally, visually, or through the use of auxiliary aids
7        and services, such consent is documented
8        contemporaneously by a representative of the Office in
9        accordance with such procedures;
10            (v) Observe all areas of the long term care
11        facility or supportive living facilities, assisted
12        living or shared housing establishment except the
13        living area of any resident who protests the
14        observation; and
15            (vi) Subject to permission of the participant or
16        resident requesting services or his or her
17        representative, enter a home or community-based
18        setting.
19        (2) "Long Term Care Facility" means (i) any facility
20    as defined by Section 1-113 of the Nursing Home Care Act,
21    as now or hereafter amended; (ii) any skilled nursing
22    facility or a nursing facility which meets the
23    requirements of Section 1819(a), (b), (c), and (d) or
24    Section 1919(a), (b), (c), and (d) of the Social Security
25    Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
26    (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and

 

 

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1    (d)); (iii) any facility as defined by Section 1-113 of
2    the ID/DD Community Care Act, as now or hereafter amended;
3    (iv) any facility as defined by Section 1-113 of MC/DD
4    Act, as now or hereafter amended; and (v) any facility
5    licensed under Section 4-105 or 4-201 of the Specialized
6    Mental Health Rehabilitation Act of 2013, as now or
7    hereafter amended.
8        (2.5) "Assisted living establishment" and "shared
9    housing establishment" have the meanings given those terms
10    in Section 10 of the Assisted Living and Shared Housing
11    Act.
12        (2.7) "Supportive living facility" means a facility
13    established under Section 5-5.01a of the Illinois Public
14    Aid Code.
15        (2.8) "Community-based setting" means any place of
16    abode other than an individual's private home.
17        (3) "State Long Term Care Ombudsman" means any person
18    employed by the Department to fulfill the requirements of
19    the Office of State Long Term Care Ombudsman as required
20    under the Older Americans Act of 1965, as now or hereafter
21    amended, and Departmental policy.
22        (3.1) "Ombudsman" means any designated representative
23    of the State Long Term Care Ombudsman Program; provided
24    that the representative, whether he is paid for or
25    volunteers his ombudsman services, shall be qualified and
26    designated by the Office to perform the duties of an

 

 

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1    ombudsman as specified by the Department in rules and in
2    accordance with the provisions of the Older Americans Act
3    of 1965, as now or hereafter amended.
4        (4) "Participant" means an older person aged 60 or
5    over or an adult with a disability aged 18 through 59 who
6    is eligible for services under any of the following:
7            (i) A medical assistance waiver administered by
8        the State.
9            (ii) A managed care organization providing care
10        coordination and other services to seniors and persons
11        with disabilities.
12        (5) "Resident" means an older person aged 60 or over
13    or an adult with a disability aged 18 through 59 who
14    resides in a long-term care facility.
15    (c) Ombudsman; rules. The Office of State Long Term Care
16Ombudsman shall be composed of at least one full-time
17ombudsman and shall include a system of designated regional
18long term care ombudsman programs. Each regional program shall
19be designated by the State Long Term Care Ombudsman as a
20subdivision of the Office and any representative of a regional
21program shall be treated as a representative of the Office.
22    The Department, in consultation with the Office, shall
23promulgate administrative rules in accordance with the
24provisions of the Older Americans Act of 1965, as now or
25hereafter amended, to establish the responsibilities of the
26Department and the Office of State Long Term Care Ombudsman

 

 

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1and the designated regional Ombudsman programs. The
2administrative rules shall include the responsibility of the
3Office and designated regional programs to investigate and
4resolve complaints made by or on behalf of residents of long
5term care facilities, supportive living facilities, and
6assisted living and shared housing establishments, and
7participants residing in their own homes or community-based
8settings, including the option to serve residents and
9participants under the age of 60, relating to actions,
10inaction, or decisions of providers, or their representatives,
11of such facilities and establishments, of public agencies, or
12of social services agencies, which may adversely affect the
13health, safety, welfare, or rights of such residents and
14participants. The Office and designated regional programs may
15represent all residents and participants, but are not required
16by this Act to represent persons under 60 years of age, except
17to the extent required by federal law. When necessary and
18appropriate, representatives of the Office shall refer
19complaints to the appropriate regulatory State agency. The
20Department, in consultation with the Office, shall cooperate
21with the Department of Human Services and other State agencies
22in providing information and training to designated regional
23long term care ombudsman programs about the appropriate
24assessment and treatment (including information about
25appropriate supportive services, treatment options, and
26assessment of rehabilitation potential) of the participants

 

 

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1they serve.
2    The State Long Term Care Ombudsman and all other
3ombudsmen, as defined in paragraph (3.1) of subsection (b)
4must submit to background checks under the Health Care Worker
5Background Check Act and receive training, as prescribed by
6the Illinois Department on Aging, before visiting facilities,
7private homes, or community-based settings. The training must
8include information specific to assisted living
9establishments, supportive living facilities, shared housing
10establishments, private homes, and community-based settings
11and to the rights of residents and participants guaranteed
12under the corresponding Acts and administrative rules.
13    (c-5) Consumer Choice Information Reports. The Office
14shall:
15        (1) In collaboration with the Attorney General, create
16    a Consumer Choice Information Report form to be completed
17    by all licensed long term care facilities to aid
18    Illinoisans and their families in making informed choices
19    about long term care. The Office shall create a Consumer
20    Choice Information Report for each type of licensed long
21    term care facility. The Office shall collaborate with the
22    Attorney General and the Department of Human Services to
23    create a Consumer Choice Information Report form for
24    facilities licensed under the ID/DD Community Care Act or
25    the MC/DD Act.
26        (2) Develop a database of Consumer Choice Information

 

 

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1    Reports completed by licensed long term care facilities
2    that includes information in the following consumer
3    categories:
4            (A) Medical Care, Services, and Treatment.
5            (B) Special Services and Amenities.
6            (C) Staffing.
7            (D) Facility Statistics and Resident Demographics.
8            (E) Ownership and Administration.
9            (F) Safety and Security.
10            (G) Meals and Nutrition.
11            (H) Rooms, Furnishings, and Equipment.
12            (I) Family, Volunteer, and Visitation Provisions.
13        (3) Make this information accessible to the public,
14    including on the Internet by means of a hyperlink on the
15    Office's World Wide Web home page. Information about
16    facilities licensed under the ID/DD Community Care Act or
17    the MC/DD Act shall be made accessible to the public by the
18    Department of Human Services, including on the Internet by
19    means of a hyperlink on the Department of Human Services'
20    "For Customers" website.
21        (4) Have the authority, with the Attorney General, to
22    verify that information provided by a facility is
23    accurate.
24        (5) Request a new report from any licensed facility
25    whenever it deems necessary.
26        (6) Include in the Office's Consumer Choice

 

 

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1    Information Report for each type of licensed long term
2    care facility additional information on each licensed long
3    term care facility in the State of Illinois, including
4    information regarding each facility's compliance with the
5    relevant State and federal statutes, rules, and standards;
6    customer satisfaction surveys; and information generated
7    from quality measures developed by the Centers for
8    Medicare and Medicaid Services.
9    (d) Access and visitation rights.
10        (1) In accordance with subparagraphs (A) and (E) of
11    paragraph (3) of subsection (c) of Section 1819 and
12    subparagraphs (A) and (E) of paragraph (3) of subsection
13    (c) of Section 1919 of the Social Security Act, as now or
14    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
15    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
16    Older Americans Act of 1965, as now or hereafter amended
17    (42 U.S.C. 3058f), a long term care facility, supportive
18    living facility, assisted living establishment, and shared
19    housing establishment must:
20            (i) permit immediate access to any resident,
21        regardless of age, by a designated ombudsman;
22            (ii) permit representatives of the Office, with
23        the permission of the resident, the resident's legal
24        representative, or the resident's legal guardian, to
25        examine and copy a resident's clinical and other
26        records, including facility reports of incidents or

 

 

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1        occurrences made to State agencies, regardless of the
2        age of the resident, and if a resident is unable to
3        consent to such review, and has no legal guardian,
4        permit representatives of the Office appropriate
5        access, as defined by the Department, in consultation
6        with the Office, in administrative rules, to the
7        resident's records; and
8            (iii) permit a representative of the Program to
9        communicate privately and without restriction with any
10        participant who consents to the communication
11        regardless of the consent of, or withholding of
12        consent by, a legal guardian or an agent named in a
13        power of attorney executed by the participant.
14        (2) Each long term care facility, supportive living
15    facility, assisted living establishment, and shared
16    housing establishment shall display, in multiple,
17    conspicuous public places within the facility accessible
18    to both visitors and residents and in an easily readable
19    format, the address and phone number of the Office of the
20    Long Term Care Ombudsman, in a manner prescribed by the
21    Office.
22    (e) Immunity. An ombudsman or any representative of the
23Office participating in the good faith performance of his or
24her official duties shall have immunity from any liability
25(civil, criminal or otherwise) in any proceedings (civil,
26criminal or otherwise) brought as a consequence of the

 

 

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1performance of his official duties.
2    (f) Business offenses.
3        (1) No person shall:
4            (i) Intentionally prevent, interfere with, or
5        attempt to impede in any way any representative of the
6        Office in the performance of his official duties under
7        this Act and the Older Americans Act of 1965; or
8            (ii) Intentionally retaliate, discriminate
9        against, or effect reprisals against any long term
10        care facility resident or employee for contacting or
11        providing information to any representative of the
12        Office.
13        (2) A violation of this Section is a business offense,
14    punishable by a fine not to exceed $501.
15        (3) The State Long Term Care Ombudsman shall notify
16    the State's Attorney of the county in which the long term
17    care facility, supportive living facility, or assisted
18    living or shared housing establishment is located, or the
19    Attorney General, of any violations of this Section.
20    (g) Confidentiality of records and identities. The
21Department shall establish procedures for the disclosure by
22the State Ombudsman or the regional ombudsmen entities of
23files maintained by the program. The procedures shall provide
24that the files and records may be disclosed only at the
25discretion of the State Long Term Care Ombudsman or the person
26designated by the State Ombudsman to disclose the files and

 

 

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1records, and the procedures shall prohibit the disclosure of
2the identity of any complainant, resident, participant,
3witness, or employee of a long term care provider unless:
4        (1) the complainant, resident, participant, witness,
5    or employee of a long term care provider or his or her
6    legal representative consents to the disclosure and the
7    consent is in writing;
8        (2) the complainant, resident, participant, witness,
9    or employee of a long term care provider gives consent
10    orally; and the consent is documented contemporaneously in
11    writing in accordance with such requirements as the
12    Department shall establish; or
13        (3) the disclosure is required by court order.
14    (h) Legal representation. The Attorney General shall
15provide legal representation to any representative of the
16Office against whom suit or other legal action is brought in
17connection with the performance of the representative's
18official duties, in accordance with the State Employee
19Indemnification Act.
20    (i) Treatment by prayer and spiritual means. Nothing in
21this Act shall be construed to authorize or require the
22medical supervision, regulation or control of remedial care or
23treatment of any resident in a long term care facility
24operated exclusively by and for members or adherents of any
25church or religious denomination the tenets and practices of
26which include reliance solely upon spiritual means through

 

 

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1prayer for healing.
2    (j) The Long Term Care Ombudsman Fund is created as a
3special fund in the State treasury to receive moneys for the
4express purposes of this Section. All interest earned on
5moneys in the fund shall be credited to the fund. Moneys
6contained in the fund shall be used to support the purposes of
7this Section.
8    (k) Each Regional Ombudsman may, in accordance with rules
9promulgated by the Office, establish a multi-disciplinary team
10to act in an advisory role for the purpose of providing
11professional knowledge and expertise in handling complex
12abuse, neglect, and advocacy issues involving participants.
13Each multi-disciplinary team may consist of one or more
14volunteer representatives from any combination of at least 7
15members from the following professions: banking or finance;
16disability care; health care; pharmacology; law; law
17enforcement; emergency responder; mental health care; clergy;
18coroner or medical examiner; substance abuse; domestic
19violence; sexual assault; or other related fields. To support
20multi-disciplinary teams in this role, law enforcement
21agencies and coroners or medical examiners shall supply
22records as may be requested in particular cases. The Regional
23Ombudsman, or his or her designee, of the area in which the
24multi-disciplinary team is created shall be the facilitator of
25the multi-disciplinary team.
26(Source: P.A. 102-1033, eff. 1-1-23; 103-329, eff. 1-1-24.)".