Full Text of HB2630 98th General Assembly
HB2630 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2630 Introduced 2/21/2013, by Rep. Silvana Tabares SYNOPSIS AS INTRODUCED: |
| 210 ILCS 45/2-208 | from Ch. 111 1/2, par. 4152-208 | 210 ILCS 47/2-208 | | 210 ILCS 48/2-208 | |
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Amends the Nursing Home Care Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act. Provides that written notice of the death of a resident which occurs at a facility, or
the death of a resident who has not been discharged from a
facility but whose death occurs
elsewhere, shall within 10 days of the resident's death be mailed to
the Department of Public Health. Provides that the Department, for the primary purpose of
monitoring patterns of abuse and neglect of residents, shall
make such notices available to the Guardianship and Advocacy Commission and
to the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act. Provides that the notice shall include the name of the
resident, the name and address of the facility at which the death
occurred, the resident's age, the nature of the resident's condition,
including any evidence of previous injuries or disabilities or
relevant medical conditions, and any other information which might be helpful
in establishing the cause of death. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 changing | 5 | | Section 2-208 as follows:
| 6 | | (210 ILCS 45/2-208) (from Ch. 111 1/2, par. 4152-208)
| 7 | | Sec. 2-208. Notice of resident's death or imminent death. | 8 | | (a) A facility shall immediately notify the resident's next | 9 | | of
kin, representative and physician of the resident's death or | 10 | | when the resident's
death appears to be imminent.
| 11 | | (b) Written notice of the death of a resident which occurs | 12 | | at a facility, or
the death of a resident who has not been | 13 | | discharged from a
facility but whose death occurs
elsewhere, | 14 | | shall within 10 days of the resident's death be mailed to
the | 15 | | Department of Public Health. The Department, for the primary | 16 | | purpose of
monitoring patterns of abuse and neglect of | 17 | | residents, shall
make such notices available to the | 18 | | Guardianship and Advocacy Commission and
to the agency | 19 | | designated by the Governor under Section 1 of the Protection | 20 | | and Advocacy for Developmentally Disabled Persons Act. The | 21 | | notice shall include the name of the
resident, the name and | 22 | | address of the facility at which the death
occurred, the | 23 | | resident's age, the nature of the resident's condition,
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| 1 | | including any evidence of previous injuries or disabilities or
| 2 | | relevant medical conditions, and any other information which | 3 | | might be helpful
in establishing the cause of death. | 4 | | (Source: P.A. 81-223.)
| 5 | | Section 10. The ID/DD Community Care Act is amended by | 6 | | changing Section 2-208 as follows: | 7 | | (210 ILCS 47/2-208)
| 8 | | Sec. 2-208. Notice of death or imminent death, unusual | 9 | | incident, abuse, or neglect. | 10 | | (a) A facility shall immediately notify the identified | 11 | | resident's next of kin, guardian, resident's representative, | 12 | | and physician of the resident's death or when the resident's | 13 | | death appears to be imminent. A facility shall immediately | 14 | | notify the Department by telephone of a resident's death within | 15 | | 24 hours after the resident's death. The facility shall notify | 16 | | the Department of the death of a facility's resident that does | 17 | | not occur in the facility immediately upon learning of the | 18 | | death. A facility shall promptly notify the coroner or medical | 19 | | examiner of a resident's death in a manner and form to be | 20 | | determined by the Department after consultation with the | 21 | | coroner or medical examiner of the county in which the facility | 22 | | is located. In addition to notice to the Department by | 23 | | telephone, the Department shall require the facility to submit | 24 | | written notification of the death of a resident within 72 hours |
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| 1 | | after the death, including a report of any medication errors or | 2 | | other incidents that occurred within 30 days of the resident's | 3 | | death. A facility's failure to comply with this Section shall | 4 | | constitute a Type "B" violation. | 5 | | (a-5) Written notice of the death of a resident which | 6 | | occurs at a facility, or
the death of a resident who has not | 7 | | been discharged from a
facility but whose death occurs
| 8 | | elsewhere, shall within 10 days of the resident's death be | 9 | | mailed to
the Department of Public Health. The Department, for | 10 | | the primary purpose of
monitoring patterns of abuse and neglect | 11 | | of residents, shall
make such notices available to the | 12 | | Guardianship and Advocacy Commission and
to the agency | 13 | | designated by the Governor under Section 1 of the Protection | 14 | | and Advocacy for Developmentally Disabled Persons Act. The | 15 | | notice shall include the name of the
resident, the name and | 16 | | address of the facility at which the death
occurred, the | 17 | | resident's age, the nature of the resident's condition,
| 18 | | including any evidence of previous injuries or disabilities or
| 19 | | relevant medical conditions, and any other information which | 20 | | might be helpful
in establishing the cause of death. | 21 | | (b) A facility shall immediately notify the resident's next | 22 | | of kin, guardian, or resident representative of any unusual | 23 | | incident, abuse, or neglect involving the resident. A facility | 24 | | shall immediately notify the Department by telephone of any | 25 | | unusual incident, abuse, or neglect required to be reported | 26 | | pursuant to State law or administrative rule. In addition to |
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| 1 | | notice to the Department by telephone, the Department shall | 2 | | require the facility to submit written notification of any | 3 | | unusual incident, abuse, or neglect within one day after the | 4 | | unusual incident, abuse, or neglect occurring. A facility's | 5 | | failure to comply with this Section shall constitute a Type "B" | 6 | | violation. For purposes of this Section, "unusual incident" | 7 | | means serious injury; unscheduled hospital visit for treatment | 8 | | of serious injury; 9-1-1 calls for emergency services directly | 9 | | relating to a resident threat; or stalking of staff or person | 10 | | served that raises health or safety concerns.
| 11 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) | 12 | | Section 15. The Specialized Mental Health Rehabilitation | 13 | | Act is amended by changing Section 2-208 as follows: | 14 | | (210 ILCS 48/2-208)
| 15 | | Sec. 2-208. Notice of death or imminent death. | 16 | | (a) A facility shall immediately notify the resident's next | 17 | | of kin, representative and physician of the resident's death or | 18 | | when the resident's death appears to be imminent.
| 19 | | (b) Written notice of the death of a resident which occurs | 20 | | at a facility, or
the death of a resident who has not been | 21 | | discharged from a
facility but whose death occurs
elsewhere, | 22 | | shall within 10 days of the resident's death be mailed to
the | 23 | | Department of Public Health. The Department, for the primary | 24 | | purpose of
monitoring patterns of abuse and neglect of |
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| 1 | | residents, shall
make such notices available to the | 2 | | Guardianship and Advocacy Commission and
to the agency | 3 | | designated by the Governor under Section 1 of the Protection | 4 | | and Advocacy for Developmentally Disabled Persons Act. The | 5 | | notice shall include the name of the
resident, the name and | 6 | | address of the facility at which the death
occurred, the | 7 | | resident's age, the nature of the resident's condition,
| 8 | | including any evidence of previous injuries or disabilities or
| 9 | | relevant medical conditions, and any other information which | 10 | | might be helpful
in establishing the cause of death. | 11 | | (Source: P.A. 97-38, eff. 6-28-11.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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