093_HB1484ham001











                                     LRB093 07728 BDD 13936 a

 1                    AMENDMENT TO HOUSE BILL 1484

 2        AMENDMENT NO.     .  Amend House Bill 1484 on page 1,  by
 3    replacing line 11 with the following: "in accordance with the
 4    provisions of the"; and

 5    on page 2, line 22, after "Act" by inserting "of 1965, as now
 6    or hereafter amended, and Departmental policy"; and

 7    on page 2, by replacing lines 29 and 30 with the following:
 8    "by  the  Department  in  rules  and  in  accordance with the
 9    provisions of the Older Americans Act  of  1965,  as  now  or
10    hereafter amended."; and

11    on page 3, line 3, by deleting "designated"; and

12    on page 3, by replacing lines 6 through 8 with the following:
13    "The  Department,  in  consultation  with  the  Office, shall
14    promulgate  administrative  rules  in  accordance  with   the
15    provisions  of  the  Older  Americans  Act of 1965, as now or
16    hereafter amended, to"; and

17    on  page  3,  by  replacing  line  24  with  the   following:
18    "regulatory  State  agency.  The  Department, in consultation
19    with the Office, shall"; and

20    on page  4,  by  replacing  lines  18  through  20  with  the
21    following:
 
                            -2-      LRB093 07728 BDD 13936 a
 1             "Office   appropriate  access,  as  defined  by  the
 2        Department,  in  consultation   with   the   Office,   in
 3        administrative rules, to the resident's records."; and

 4    on  page  4,  line 29, by changing "any designated" to "any";
 5    and

 6    on page 5, line 4, by changing "any designated" to "any"; and

 7    on page 5, line 11 by changing "any designated" to "any"; and

 8    on page 5, by replacing lines 15 and 16 with the following:
 9             "(3) The Director of Aging, in consultation with the
10        Office, shall notify the State's Attorney of  the  county
11        in"; and

12    on  page  5,  by  replacing  lines  21  through  33  with the
13    following:

14        "(g)  Confidentiality  of  records  and  identities.  The
15    Department shall establish procedures for the  disclosure  by
16    the  State  Ombudsman  or  the regional ombudsmen entities of
17    files maintained by the program. The procedures shall provide
18    that the files and records  may  be  disclosed  only  at  the
19    discretion  of  the  State  Long  Term  Care Ombudsman or the
20    person designated by the  State  Ombudsman  to  disclose  the
21    files  and  records,  and  the  procedures shall prohibit the
22    disclosure of the  identity  of  any  complainant,  resident,
23    witness, or employee of a long term care provider unless:
24             (1)  the complainant, resident, witness, or employee
25        of  a  long  term  care  provider  or  his  or  her legal
26        representative consents to the disclosure and the consent
27        is in writing;
28             (2)  the complainant, resident, witness, or employee
29        of a long term care provider gives  consent  orally;  and
30        the  consent is documented contemporaneously in a writing
31        in accordance with such requirements  as  the  Department
 
                            -3-      LRB093 07728 BDD 13936 a
 1        shall establish; or
 2             (4)  the disclosure is required by court order.
 3        No  files  or  records  maintained by the Office of State
 4    Long Term Care Ombudsman shall be disclosed unless the  State
 5    Ombudsman  or  the  ombudsman  having  the authority over the
 6    disposition  of  such  files  authorizes  the  disclosure  in
 7    writing. The ombudsman shall not disclose the identity of any
 8    complainant, resident, witness or employee  of  a  long  term
 9    care  provider involved in a  complaint or report unless such
10    person or such  person's  guardian  or  legal  representative
11    consents  in  writing to the disclosure, or the disclosure is
12    required by court order.

13    on page 6, line 1, by changing "any designated" to "any".