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| Public Act 095-0823 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by | ||||
changing Sections 4.03 and 4.04 as follows:
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(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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Sec. 4.03. The Department on Aging, in cooperation with the | ||||
Department of
Human Services and any other appropriate State, | ||||
local or
federal agency, shall, without regard to income | ||||
guidelines, establish a
nursing home prescreening program to | ||||
determine whether Alzheimer's Disease
and related disorders | ||||
victims, and persons who are deemed as blind or
disabled as | ||||
defined by the Social Security Act and who are in need of long
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term care, may be satisfactorily cared for in their homes | ||||
through the use
of home and community based services. Case | ||||
coordination units under
contract with the Department may | ||||
charge a fee for the prescreening provided
under this Section | ||||
and the fee shall be no greater than the cost of such
services | ||||
to the case coordination unit. At the time of each | ||||
prescreening, case coordination units shall provide | ||||
information regarding the Office of State Long Term Care | ||||
Ombudsman's Residents Right to Know database as authorized in | ||||
subsection (c-5) of Section 4.04.
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(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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Sec. 4.04. Long Term Care Ombudsman Program.
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(a) Long Term Care Ombudsman Program. The Department shall
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establish a Long Term Care Ombudsman Program, through the | ||
Office of State
Long Term Care Ombudsman ("the Office"), in | ||
accordance with the provisions of
the Older Americans Act of | ||
1965, as now or hereafter amended.
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(b) Definitions. As used in this Section, unless the | ||
context requires
otherwise:
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(1) "Access" has the same meaning as in Section 1-104 | ||
of the Nursing
Home Care Act, as now or hereafter amended; | ||
that is, it means the right to:
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(i) Enter any long term care facility or assisted | ||
living or shared
housing establishment or supportive | ||
living facility;
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(ii) Communicate privately and without restriction | ||
with any resident
who consents to the communication;
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(iii) Seek consent to communicate privately and | ||
without restriction
with any resident;
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(iv) Inspect the clinical and other records of a | ||
resident with the
express written consent of the | ||
resident;
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(v) Observe all areas of the long term care | ||
facility or supportive
living facilities, assisted | ||
living or shared housing establishment except the
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living area of any resident who protests the | ||
observation.
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(2) "Long Term Care Facility" means (i) any facility as | ||
defined by Section
1-113 of the Nursing Home Care Act, as | ||
now or hereafter amended; and (ii) any
skilled nursing | ||
facility or a nursing facility which meets the
requirements | ||
of Section 1819(a), (b), (c), and (d) or Section 1919(a), | ||
(b),
(c), and (d) of the Social Security Act, as now or | ||
hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | ||
and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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(2.5) "Assisted living establishment" and "shared | ||
housing establishment"
have the meanings given those terms | ||
in Section 10 of the Assisted Living and
Shared Housing | ||
Act.
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(2.7) "Supportive living facility" means a facility | ||
established under
Section 5-5.01a of the Illinois Public | ||
Aid Code.
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(3) "State Long Term Care Ombudsman" means any person | ||
employed by the
Department to fulfill
the requirements of | ||
the Office of State Long Term Care Ombudsman as
required | ||
under the Older Americans Act of 1965, as now or hereafter | ||
amended,
and Departmental policy.
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(3.1) "Ombudsman" means any designated representative | ||
of a regional long
term care ombudsman program; provided | ||
that the representative, whether he is
paid for or | ||
volunteers his ombudsman services, shall be qualified and
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designated by the Office to perform the duties of an | ||
ombudsman as specified by
the Department in rules and in | ||
accordance with the provisions of
the Older Americans Act | ||
of 1965, as now or hereafter amended.
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(c) Ombudsman; rules. The Office of State Long Term Care | ||
Ombudsman shall
be composed of at least one full-time ombudsman | ||
and shall include a system of
designated regional long term | ||
care ombudsman programs. Each regional program
shall be | ||
designated by the State Long Term Care Ombudsman as a | ||
subdivision of
the Office and any representative of a regional | ||
program shall be treated as a
representative of the Office.
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The Department, in consultation with the Office, shall | ||
promulgate
administrative rules in accordance with the | ||
provisions of the Older Americans
Act of 1965, as now or | ||
hereafter amended, to establish the responsibilities of
the | ||
Department and the Office of State Long Term Care Ombudsman and | ||
the
designated regional Ombudsman programs. The administrative | ||
rules shall include
the responsibility of the Office and | ||
designated regional programs to
investigate and resolve | ||
complaints made by or on behalf of residents of long
term care | ||
facilities, supportive living facilities, and assisted living | ||
and
shared housing establishments relating to actions, | ||
inaction, or
decisions of providers, or their representatives, | ||
of long term care
facilities, of supported living facilities, | ||
of assisted living and shared
housing establishments, of public | ||
agencies, or of social services agencies,
which may adversely | ||
affect the health, safety, welfare, or rights of such
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residents.
When necessary and appropriate, representatives of | ||
the Office shall refer
complaints to the appropriate regulatory | ||
State agency.
The Department, in consultation with the Office, | ||
shall cooperate with the
Department of Human Services in | ||
providing information and training to
designated regional long | ||
term care ombudsman programs about the appropriate
assessment | ||
and treatment (including information about appropriate | ||
supportive
services, treatment options, and assessment of | ||
rehabilitation potential) of
persons with mental illness | ||
(other than Alzheimer's disease and related
disorders). | ||
The State Long Term Care Ombudsman and all other ombudsmen, | ||
as defined in paragraph (3.1) of subsection (b) must submit to | ||
background checks under the Health Care Worker Background Check | ||
Act and receive training, as prescribed by the Illinois | ||
Department on Aging, before visiting facilities. The training | ||
must include information specific to assisted living | ||
establishments, supportive living facilities, and shared | ||
housing establishments and to the rights of residents | ||
guaranteed under the corresponding Acts and administrative | ||
rules.
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(c-5) Consumer Choice Information Reports. The Office | ||
shall: | ||
(1) In collaboration with the Attorney General, create | ||
a Consumer Choice Information Report form to be completed | ||
by all licensed long term care facilities to aid | ||
Illinoisans and their families in making informed choices | ||
about long term care. The Office shall create a Consumer | ||
Choice Information Report for each type of licensed long | ||
term care facility. | ||
(2) Develop a database of Consumer Choice Information | ||
Reports completed by licensed long term care facilities | ||
that includes information in the following consumer | ||
categories: | ||
(A) Medical Care, Services, and Treatment. | ||
(B) Special Services and Amenities. | ||
(C) Staffing. | ||
(D) Facility Statistics and Resident Demographics. | ||
(E) Ownership and Administration. | ||
(F) Safety and Security. | ||
(G) Meals and Nutrition. | ||
(H) Rooms, Furnishings, and Equipment. | ||
(I) Family, Volunteer, and Visitation Provisions. | ||
(3) Make this information accessible to the public, | ||
including on the Internet by means of a hyperlink labeled | ||
"Resident's Right to Know" on the Office's World Wide Web | ||
home page. | ||
(4) Have the authority, with the Attorney General, to | ||
verify that information provided by a facility is accurate. | ||
(5) Request a new report from any licensed facility | ||
whenever it deems necessary.
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(d) Access and visitation rights.
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(1) In accordance with subparagraphs (A) and (E) of | ||
paragraph (3) of
subsection (c) of Section 1819
and | ||
subparagraphs (A) and (E) of paragraph (3) of subsection | ||
(c) of Section
1919 of the Social Security Act, as now or | ||
hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||
42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||
Older Americans Act of 1965, as now or hereafter
amended | ||
(42 U.S.C. 3058f), a long term care facility, supportive | ||
living
facility, assisted living
establishment, and shared | ||
housing establishment must:
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(i) permit immediate access to any resident by a | ||
designated
ombudsman; and
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(ii) permit representatives of the Office, with | ||
the permission of the
resident's legal representative | ||
or legal guardian, to examine a resident's
clinical and | ||
other records, and if a resident is unable to consent | ||
to such
review, and has no legal guardian, permit | ||
representatives of the Office
appropriate access, as | ||
defined by the Department, in consultation with the
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Office, in administrative rules, to the resident's | ||
records.
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(2) Each long term care facility, supportive living | ||
facility, assisted
living establishment, and
shared | ||
housing establishment shall display, in multiple, | ||
conspicuous
public places within the facility accessible | ||
to both visitors and residents and
in an easily readable | ||
format, the address and phone number of the Office of the
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Long Term Care Ombudsman, in a manner prescribed by the | ||
Office.
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(e) Immunity. An ombudsman or any representative of the | ||
Office participating
in the good faith performance of his or | ||
her official duties
shall have immunity from any liability | ||
(civil, criminal or otherwise) in
any proceedings (civil, | ||
criminal or otherwise) brought as a consequence of
the | ||
performance of his official duties.
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(f) Business offenses.
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(1) No person shall:
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(i) Intentionally prevent, interfere with, or | ||
attempt to impede in any
way any representative of the | ||
Office in the performance of his
official
duties under | ||
this Act and the Older Americans Act of 1965; or
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(ii) Intentionally retaliate, discriminate | ||
against, or effect reprisals
against any long term care | ||
facility resident or employee for contacting or
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providing information to any representative of the | ||
Office.
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(2) A violation of this Section is a business offense, | ||
punishable by a
fine not to exceed $501.
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(3) The Director of Aging, in consultation with the | ||
Office, shall
notify the State's Attorney of the
county in | ||
which the long term care facility, supportive living | ||
facility, or
assisted living or shared housing | ||
establishment is located,
or the Attorney General, of any | ||
violations of this Section.
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(g) Confidentiality of records and identities. The | ||
Department shall
establish procedures for the disclosure by the | ||
State Ombudsman or the regional
ombudsmen
entities of files | ||
maintained by the program. The procedures shall provide that
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the files and records may be disclosed only at the discretion | ||
of the State Long
Term Care
Ombudsman or the person designated | ||
by the State Ombudsman to disclose the files
and records, and | ||
the procedures shall prohibit the disclosure of the identity
of | ||
any complainant, resident, witness, or employee of a long term | ||
care provider
unless:
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(1) the complainant, resident, witness, or employee of | ||
a long term care
provider or his or her legal | ||
representative consents to the disclosure and the
consent | ||
is in writing;
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(2) the complainant, resident, witness, or employee of | ||
a long term care
provider gives consent orally; and the | ||
consent is documented contemporaneously
in writing in
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accordance with such requirements as the Department shall | ||
establish; or
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(3) the disclosure is required by court order.
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(h) Legal representation. The Attorney General shall
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provide legal representation to any representative of the | ||
Office
against
whom suit or other legal action is brought in | ||
connection with the
performance of the representative's | ||
official duties, in accordance with the
State Employee | ||
Indemnification Act.
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(i) Treatment by prayer and spiritual means. Nothing in | ||
this Act shall
be construed to authorize or require the medical | ||
supervision, regulation
or control of remedial care or | ||
treatment of any resident in a long term
care facility operated | ||
exclusively by and for members or adherents of any
church or | ||
religious denomination the tenets and practices of which | ||
include
reliance solely upon spiritual means through prayer for | ||
healing.
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(Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)
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Section 10. The Nursing Home Care Act is amended by | ||
changing Sections 3-210 and 3-212 and by adding Section 2-214 | ||
as follows: | ||
(210 ILCS 45/2-214 new) | ||
Sec. 2-214. Consumer Choice Information Reports. | ||
(a) Every facility shall complete a Consumer Choice | ||
Information Report and shall file it with the Office of State | ||
Long Term Care Ombudsman electronically as prescribed by the | ||
Office. The Report shall be filed annually and upon request of | ||
the Office of State Long Term Care Ombudsman. The Consumer | ||
Choice Information Report must be completed by the facility in | ||
full. | ||
(b) A violation of any of the provisions of this Section | ||
constitutes an unlawful practice under the Consumer Fraud and | ||
Deceptive Business Practices Act. All remedies, penalties, and | ||
authority granted to the Attorney General by the Consumer Fraud | ||
and Deceptive Business Practices Act shall be available to him | ||
or her for the enforcement of this Section. | ||
(c) The Department of Public Health shall include | ||
verification of the submission of a facility's current Consumer | ||
Choice Information Report when conducting an inspection | ||
pursuant to Section 3-212.
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(210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210)
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Sec. 3-210. A facility shall retain the following for | ||
public inspection:
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(1) A complete copy of every inspection report of the | ||
facility received
from the Department during the past 5 years;
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(2) A copy of every order pertaining to the facility issued | ||
by the
Department or a court during the past 5 years;
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(3) A description of the services provided by the facility | ||
and the rates
charged for those services and items for which a | ||
resident may be separately charged;
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(4) A copy of the statement of ownership required by | ||
Section 3-207;
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(5) A record of personnel employed or retained by the | ||
facility who are
licensed, certified or registered by the | ||
Department of Professional
Regulation; and
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(6) A complete copy of the most recent inspection report of | ||
the facility
received from the Department.
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(7) A copy of the current Consumer Choice Information | ||
Report required by Section 2-214.
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(Source: P.A. 85-1209)
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(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
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Sec. 3-212. Inspection.
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(a) The Department, whenever it deems necessary in
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accordance with subsection (b), shall inspect, survey and | ||
evaluate every
facility to determine compliance with | ||
applicable licensure requirements and
standards. Submission of | ||
a facility's current Consumer Choice Information Report | ||
required by Section 2-214 shall be verified at time of | ||
inspection. An inspection should occur within 120 days prior
to | ||
license renewal. The Department may periodically visit a | ||
facility for the
purpose of consultation. An inspection, | ||
survey, or evaluation, other than
an inspection of financial | ||
records, shall be conducted without prior notice
to the | ||
facility. A visit for the sole purpose of consultation may be
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announced.
The Department shall provide training to surveyors | ||
about the appropriate
assessment, care planning, and care of | ||
persons with mental illness (other than
Alzheimer's disease or | ||
related disorders) to enable its surveyors to
determine whether | ||
a facility is complying with State and federal requirements
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about the assessment, care planning, and care of those persons.
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(a-1) An employee of a State or unit of local government | ||
agency
charged with inspecting, surveying, and evaluating | ||
facilities who directly
or indirectly gives prior notice of an | ||
inspection, survey, or evaluation,
other than an inspection of | ||
financial records, to a facility or to an
employee of a | ||
facility is guilty of a Class A misdemeanor.
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An inspector or an employee of the Department who | ||
intentionally prenotifies
a facility,
orally or in writing, of | ||
a pending complaint investigation or inspection shall
be guilty | ||
of a Class A misdemeanor.
Superiors of persons who have | ||
prenotified a facility shall be subject to the
same penalties, | ||
if they have knowingly allowed the prenotification. A person
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found guilty of prenotifying a facility shall be subject to | ||
disciplinary action
by his or her employer.
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If the Department has a good faith belief, based upon | ||
information that comes
to its attention, that a violation of | ||
this subsection has occurred, it must
file a complaint with the | ||
Attorney General or the State's Attorney in the
county where | ||
the violation
took place within 30 days after discovery of the | ||
information.
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(a-2) An employee of a State or unit of local government | ||
agency charged with
inspecting, surveying, or evaluating | ||
facilities who willfully profits from
violating the | ||
confidentiality of the inspection, survey, or evaluation
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process shall be guilty of a Class 4 felony and that conduct | ||
shall be deemed
unprofessional conduct that may subject a | ||
person to loss of his or her
professional license. An action to | ||
prosecute a person for violating this
subsection (a-2) may be | ||
brought by either the Attorney General or the State's
Attorney | ||
in the county where the violation took place.
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(b) In determining whether to make more than the required | ||
number of
unannounced inspections, surveys and evaluations of a | ||
facility the
Department shall consider one or more of the | ||
following: previous inspection
reports; the facility's history | ||
of compliance with standards, rules and
regulations | ||
promulgated under this Act and correction of violations,
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penalties or other enforcement actions; the number and severity | ||
of
complaints received about the facility; any allegations of | ||
resident abuse
or neglect; weather conditions; health | ||
emergencies; other reasonable belief
that deficiencies exist.
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(b-1) The Department shall not be required to determine | ||
whether a
facility certified to participate in the Medicare | ||
program under Title XVIII of
the Social Security Act, or the | ||
Medicaid program under Title XIX of the Social
Security Act, | ||
and which the Department determines by inspection under this
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Section or under Section 3-702 of this Act to be in compliance | ||
with the
certification requirements of Title XVIII or XIX, is | ||
in compliance with any
requirement of this Act that is less | ||
stringent than or duplicates a federal
certification | ||
requirement. In accordance with subsection (a) of this Section
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or subsection (d) of Section 3-702, the Department shall | ||
determine whether a
certified facility is in
compliance with | ||
requirements of this Act that exceed federal certification
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requirements. If a certified facility is found to be out of | ||
compliance with
federal certification requirements, the | ||
results of an inspection conducted
pursuant to Title XVIII or | ||
XIX of the Social Security Act may be used as the
basis for | ||
enforcement remedies authorized and commenced under this Act.
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Enforcement of this Act against a certified facility shall be | ||
commenced
pursuant to the requirements of this Act, unless | ||
enforcement remedies sought
pursuant to Title XVIII or XIX of | ||
the Social Security Act exceed those
authorized by this Act. As | ||
used in this subsection, "enforcement remedy"
means a sanction | ||
for violating a federal certification requirement or this
Act.
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(c) Upon completion of each inspection, survey and | ||
evaluation, the
appropriate Department personnel who conducted | ||
the inspection, survey or
evaluation shall submit a copy of | ||
their report to the licensee upon exiting
the facility, and | ||
shall submit the actual report to the appropriate
regional | ||
office of the Department. Such report and any recommendations | ||
for
action by the Department under this Act shall be | ||
transmitted to the
appropriate offices of the associate | ||
director of the Department, together
with related comments or | ||
documentation provided by the licensee which may
refute | ||
findings in the report, which explain extenuating | ||
circumstances that
the facility could not reasonably have | ||
prevented, or which indicate methods
and timetables for | ||
correction of deficiencies described in the report.
Without | ||
affecting the application of subsection (a) of Section 3-303, | ||
any
documentation or comments of the licensee shall be provided | ||
within 10
days of receipt of the copy of the report. Such | ||
report shall recommend to
the Director appropriate action under | ||
this Act with respect to findings
against a facility. The | ||
Director shall then determine whether the report's
findings | ||
constitute a violation or violations of which the facility must | ||
be
given notice. Such determination shall be based upon the | ||
severity of the
finding, the danger posed to resident health | ||
and safety, the comments and
documentation provided by the | ||
facility, the diligence and efforts to
correct deficiencies, | ||
correction of the reported deficiencies, the
frequency and | ||
duration of similar findings in previous reports and the
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facility's general inspection history. Violations shall be | ||
determined
under this subsection no later than 60 days after | ||
completion of each
inspection, survey and evaluation.
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(d) The Department shall maintain all inspection, survey | ||
and evaluation
reports for at least 5 years in a manner | ||
accessible to and understandable
by the public.
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(Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)
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Section 15. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by adding Section 2ZZ as follows: | ||
(815 ILCS 505/2ZZ new) | ||
Sec. 2ZZ. Long term care facility; Consumer Choice | ||
Information Report. A long term care facility that fails to | ||
comply with Section 2-214 of the Nursing Home Care Act commits | ||
an unlawful practice within the meaning of this Act.
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