97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1353

 

Introduced 2/8/2011, by Sen. Jeffrey M. Schoenberg

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 205/6.7 new
20 ILCS 105/4.03  from Ch. 23, par. 6104.03
20 ILCS 105/4.04 rep.
225 ILCS 46/15
320 ILCS 42/35
755 ILCS 45/2-7.5

    Amends the Attorney General Act and the Illinois Act on the Aging. Transfers provisions concerning the Office of State Long Term Care Ombudsman from the Department on Aging to the Office of the Attorney General. Provides for the transfer of employees, records, unexpended funds, and other matters. Amends various other Acts to make conforming changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1353LRB097 09784 KTG 49930 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Attorney General Act is amended by adding
5Section 6.7 as follows:
 
6    (15 ILCS 205/6.7 new)
7    Sec. 6.7. Long Term Care Ombudsman Program.
8    (a) Long Term Care Ombudsman Program. The Attorney General
9shall establish a Long Term Care Ombudsman Program, through the
10Office of State Long Term Care Ombudsman ("the Office"), in
11accordance with the provisions of the Older Americans Act of
121965, as now or hereafter amended.
13    (b) Definitions. As used in this Section, unless the
14context requires otherwise:
15        (1) "Access" has the same meaning as in Section 1-104
16    of the Nursing Home Care Act, as now or hereafter amended;
17    that is, it means the right to:
18            (i) Enter any long term care facility or assisted
19        living or shared housing establishment or supportive
20        living facility;
21            (ii) Communicate privately and without restriction
22        with any resident, regardless of age, who consents to
23        the communication;

 

 

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1            (iii) Seek consent to communicate privately and
2        without restriction with any resident, regardless of
3        age;
4            (iv) Inspect the clinical and other records of a
5        resident, regardless of age, with the express written
6        consent of the resident;
7            (v) Observe all areas of the long term care
8        facility or supportive living facilities, assisted
9        living or shared housing establishment except the
10        living area of any resident who protests the
11        observation.
12        (2) "Long Term Care Facility" means (i) any facility as
13    defined by Section 1-113 of the Nursing Home Care Act, as
14    now or hereafter amended; and (ii) any skilled nursing
15    facility or a nursing facility which meets the requirements
16    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
17    (b), (c), and (d) of the Social Security Act, as now or
18    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
19    and 42 U.S.C. 1396r(a), (b), (c), and (d)).
20        (2.5) "Assisted living establishment" and "shared
21    housing establishment" have the meanings given those terms
22    in Section 10 of the Assisted Living and Shared Housing
23    Act.
24        (2.7) "Supportive living facility" means a facility
25    established under Section 5-5.01a of the Illinois Public
26    Aid Code.

 

 

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1        (3) "State Long Term Care Ombudsman" means any person
2    employed by the Department to fulfill the requirements of
3    the Office of State Long Term Care Ombudsman as required
4    under the Older Americans Act of 1965, as now or hereafter
5    amended, and Departmental policy.
6        (3.1) "Ombudsman" means any designated representative
7    of a regional long term care ombudsman program; provided
8    that the representative, whether he is paid for or
9    volunteers his ombudsman services, shall be qualified and
10    designated by the Office to perform the duties of an
11    ombudsman as specified by the Department in rules and in
12    accordance with the provisions of the Older Americans Act
13    of 1965, as now or hereafter amended.
14    (c) Ombudsman; rules. The Office of State Long Term Care
15Ombudsman shall be composed of at least one full-time ombudsman
16and shall include a system of designated regional long term
17care ombudsman programs. Each regional program shall be
18designated by the State Long Term Care Ombudsman as a
19subdivision of the Office and any representative of a regional
20program shall be treated as a representative of the Office.
21    The Attorney General, in consultation with the Office,
22shall promulgate administrative rules in accordance with the
23provisions of the Older Americans Act of 1965, as now or
24hereafter amended, to establish the responsibilities of the
25Attorney General and the Office of State Long Term Care
26Ombudsman and the designated regional Ombudsman programs. The

 

 

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

 

 

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

 

 

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1            (C) Staffing.
2            (D) Facility Statistics and Resident Demographics.
3            (E) Ownership and Administration.
4            (F) Safety and Security.
5            (G) Meals and Nutrition.
6            (H) Rooms, Furnishings, and Equipment.
7            (I) Family, Volunteer, and Visitation Provisions.
8        (3) Make this information accessible to the public,
9    including on the Internet by means of a hyperlink labeled
10    "Resident's Right to Know" on the Office's World Wide Web
11    home page.
12        (4) Have the authority, with the Attorney General, to
13    verify that information provided by a facility is accurate.
14        (5) Request a new report from any licensed facility
15    whenever it deems necessary.
16    (d) Access and visitation rights.
17        (1) In accordance with subparagraphs (A) and (E) of
18    paragraph (3) of subsection (c) of Section 1819 and
19    subparagraphs (A) and (E) of paragraph (3) of subsection
20    (c) of Section 1919 of the Social Security Act, as now or
21    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
22    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
23    Older Americans Act of 1965, as now or hereafter amended
24    (42 U.S.C. 3058f), a long term care facility, supportive
25    living facility, assisted living establishment, and shared
26    housing establishment must:

 

 

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1            (i) permit immediate access to any resident,
2        regardless of age, by a designated ombudsman; and
3            (ii) permit representatives of the Office, with
4        the permission of the resident's legal representative
5        or legal guardian, to examine a resident's clinical and
6        other records, regardless of the age of the resident,
7        and if a resident is unable to consent to such review,
8        and has no legal guardian, permit representatives of
9        the Office appropriate access, as defined by the
10        Attorney General, in consultation with the Office, in
11        administrative rules, to the resident's records.
12        (2) Each long term care facility, supportive living
13    facility, assisted living establishment, and shared
14    housing establishment shall display, in multiple,
15    conspicuous public places within the facility accessible
16    to both visitors and residents and in an easily readable
17    format, the address and phone number of the Office of the
18    Long Term Care Ombudsman, in a manner prescribed by the
19    Office.
20    (e) Immunity. An ombudsman or any representative of the
21Office participating in the good faith performance of his or
22her official duties shall have immunity from any liability
23(civil, criminal or otherwise) in any proceedings (civil,
24criminal or otherwise) brought as a consequence of the
25performance of his official duties.
26    (f) Petty offenses.

 

 

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

 

 

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

 

 

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1the State treasury, shall receive moneys for the express
2purposes of this Section. All interest earned on moneys in the
3fund shall be credited to the fund. Moneys contained in the
4fund shall be used to support the purposes of this Section.
5    (k) Transfer of functions and powers.
6        (1) Transfer. On the effective date of this amendatory
7    Act of the 97th General Assembly, all functions performed
8    by the Office of State Long Term Care Ombudsman within the
9    Department on Aging, together with all of the powers,
10    duties, rights, and responsibilities of the Office
11    relating to those functions, are transferred from the
12    Department on Aging to the Office of the Attorney General.
13        The Department on Aging and the Office of the Attorney
14    General shall cooperate to ensure that the transfer of
15    functions is completed as soon as practical.
16        (2) Effect of transfer. Neither the functions of the
17    Office of State Long Term Care Ombudsman, nor the powers,
18    duties, rights, and responsibilities relating to those
19    functions, that are transferred from the Department on
20    Aging to the Office of the Attorney General under this
21    subsection are affected by this amendatory Act of the 97th
22    General Assembly, except that all such functions, powers,
23    duties, rights, and responsibilities shall be performed or
24    exercised within the Office of the Attorney General on and
25    after the effective date of this amendatory Act of the 97th
26    General Assembly.

 

 

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1        (3) Personnel transferred. The status and rights of the
2    employees in the Department on Aging engaged in the
3    performance of functions relating to the Office of State
4    Long Term Care Ombudsman shall not be affected by the
5    transfer of those functions from the Department on Aging to
6    the Office of the Attorney General under this subsection.
7    The rights of those employees as derived from the State of
8    Illinois and its agencies under the Personnel Code, the
9    applicable collective bargaining agreements, or any
10    pension, retirement, or annuity plan shall not be affected
11    by this subsection. Personnel employed by the Department on
12    Aging who are affected by this subsection shall continue
13    their service within the Office of the Attorney General.
14        (4) Books and records transferred. All books, records,
15    papers, documents, contracts, and pending business
16    pertaining to the Office of State Long Term Care Ombudsman,
17    including but not limited to material in electronic or
18    magnetic format, shall be transferred to the Office of the
19    Attorney General. The transfer of that information shall
20    not, however, violate any applicable confidentiality
21    constraints.
22        (5) Unexpended moneys transferred. All unexpended
23    appropriation balances and other funds otherwise available
24    to the Department on Aging for use in connection with the
25    Office of State Long Term Care Ombudsman shall be
26    transferred and made available to the Office of the

 

 

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1    Attorney General for use in connection with the Office of
2    State Long Term Care Ombudsman.
3        (6) Exercise of transferred powers; savings
4    provisions. The powers, duties, rights, and
5    responsibilities relating to the Office of State Long Term
6    Care Ombudsman transferred from the Department on Aging to
7    the Office of the Attorney General under this subsection
8    are vested in and shall be exercised by the Office of the
9    Attorney General. Each act done in exercise of those
10    powers, duties, rights, and responsibilities shall have
11    the same legal effect as if done by the Department on Aging
12    or its divisions, officers, or employees.
13        (7) Officers and others; duties; penalties. Every
14    employee, agent, or officer of the Office of the Attorney
15    General is subject to the same obligations and duties, and
16    has the same rights, as are prescribed by law in connection
17    with the exercise of any power, duty, right, or
18    responsibility transferred under this subsection.
19        Every employee, agent, or officer of the Office of the
20    Attorney General is subject to the same penalty or
21    penalties, civil or criminal, as are prescribed by law for
22    the same offense by any employee, agent, or officer whose
23    powers, duties, rights, or responsibilities are
24    transferred under this subsection.
25        (8) Reports, notices, or papers. Whenever reports or
26    notices are required to be made or given or papers or

 

 

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1    documents furnished or served by any person to or upon the
2    Department on Aging in connection with any of the functions
3    relating to the Office of State Long Term Care Ombudsman,
4    the same shall be made, given, furnished, or served in the
5    same manner to or upon the Office of the Attorney General.
6        (9) Acts and actions unaffected by transfer. This
7    subsection does not affect any act completed, ratified, or
8    canceled, or any right occurring or established, before the
9    effective date of this amendatory Act of the 97th General
10    Assembly in connection with any function transferred under
11    this subsection. This subsection does not affect any action
12    or proceeding had or commenced before the effective date of
13    this amendatory Act of the 97th General Assembly in an
14    administrative, civil, or criminal cause regarding any
15    function transferred under this subsection, but any such
16    action or proceeding may be continued by the Office of the
17    Attorney General.
18        (10) For the purposes of the Successor Agency Act, the
19    Office of the Attorney General is declared to be the
20    successor agency of the Department on Aging, but only with
21    respect to the functions that are transferred to the Office
22    of the Attorney General under this subsection.
 
23    Section 10. The Illinois Act on the Aging is amended by
24changing Section 4.03 as follows:
 

 

 

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1    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)
2    Sec. 4.03. The Department on Aging, in cooperation with the
3Department of Human Services and any other appropriate State,
4local or federal agency, shall, without regard to income
5guidelines, establish a nursing home prescreening program to
6determine whether Alzheimer's Disease and related disorders
7victims, and persons who are deemed as blind or disabled as
8defined by the Social Security Act and who are in need of long
9term care, may be satisfactorily cared for in their homes
10through the use of home and community based services.
11Responsibility for prescreening shall be vested with case
12coordination units. Prescreening shall occur: (i) when
13hospital discharge planners have advised the case coordination
14unit of the imminent risk of nursing home placement of a
15patient who meets the above criteria and in advance of
16discharge of the patient; or (ii) when a case coordination unit
17has been advised of the imminent risk of nursing home placement
18of an individual in the community. The individual who is
19prescreened shall be informed of all appropriate options,
20including placement in a nursing home and the availability of
21in-home and community-based services and shall be advised of
22her or his right to refuse nursing home, in-home,
23community-based, or all services. Case coordination units
24under contract with the Department may charge a fee for the
25prescreening provided under this Section and the fee shall be
26no greater than the cost of such services to the case

 

 

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1coordination unit. At the time of each prescreening, case
2coordination units shall provide information regarding the
3Office of State Long Term Care Ombudsman's Residents Right to
4Know database as authorized in subsection (c-5) of Section 6.7
5of the Attorney General Act 4.04.
6(Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328,
7eff. 8-11-09.)
 
8    (20 ILCS 105/4.04 rep.)
9    Section 15. The Illinois Act on the Aging is amended by
10repealing Section 4.04.
 
11    Section 20. The Health Care Worker Background Check Act is
12amended by changing Section 15 as follows:
 
13    (225 ILCS 46/15)
14    Sec. 15. Definitions. In this Act:
15    "Applicant" means an individual seeking employment with a
16health care employer who has received a bona fide conditional
17offer of employment.
18    "Conditional offer of employment" means a bona fide offer
19of employment by a health care employer to an applicant, which
20is contingent upon the receipt of a report from the Department
21of Public Health indicating that the applicant does not have a
22record of conviction of any of the criminal offenses enumerated
23in Section 25.

 

 

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1    "Direct care" means the provision of nursing care or
2assistance with feeding, dressing, movement, bathing,
3toileting, or other personal needs, including home services as
4defined in the Home Health, Home Services, and Home Nursing
5Agency Licensing Act. The entity responsible for inspecting and
6licensing, certifying, or registering the health care employer
7may, by administrative rule, prescribe guidelines for
8interpreting this definition with regard to the health care
9employers that it licenses.
10    "Disqualifying offenses" means those offenses set forth in
11Section 25 of this Act.
12    "Employee" means any individual hired, employed, or
13retained to which this Act applies.
14    "Fingerprint-based criminal history records check" means a
15livescan fingerprint-based criminal history records check
16submitted as a fee applicant inquiry in the form and manner
17prescribed by the Department of State Police.
18    "Health care employer" means:
19        (1) the owner or licensee of any of the following:
20            (i) a community living facility, as defined in the
21        Community Living Facilities Act;
22            (ii) a life care facility, as defined in the Life
23        Care Facilities Act;
24            (iii) a long-term care facility;
25            (iv) a home health agency, home services agency, or
26        home nursing agency as defined in the Home Health, Home

 

 

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1        Services, and Home Nursing Agency Licensing Act;
2            (v) a hospice care program or volunteer hospice
3        program, as defined in the Hospice Program Licensing
4        Act;
5            (vi) a hospital, as defined in the Hospital
6        Licensing Act;
7            (vii) (blank);
8            (viii) a nurse agency, as defined in the Nurse
9        Agency Licensing Act;
10            (ix) a respite care provider, as defined in the
11        Respite Program Act;
12            (ix-a) an establishment licensed under the
13        Assisted Living and Shared Housing Act;
14            (x) a supportive living program, as defined in the
15        Illinois Public Aid Code;
16            (xi) early childhood intervention programs as
17        described in 59 Ill. Adm. Code 121;
18            (xii) the University of Illinois Hospital,
19        Chicago;
20            (xiii) programs funded by the Department on Aging
21        through the Community Care Program;
22            (xiv) programs certified to participate in the
23        Supportive Living Program authorized pursuant to
24        Section 5-5.01a of the Illinois Public Aid Code;
25            (xv) programs listed by the Emergency Medical
26        Services (EMS) Systems Act as Freestanding Emergency

 

 

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1        Centers;
2            (xvi) locations licensed under the Alternative
3        Health Care Delivery Act;
4        (2) a day training program certified by the Department
5    of Human Services;
6        (3) a community integrated living arrangement operated
7    by a community mental health and developmental service
8    agency, as defined in the Community-Integrated Living
9    Arrangements Licensing and Certification Act; or
10        (4) the State Long Term Care Ombudsman Program,
11    including any regional long term care ombudsman programs
12    under Section 6.7 of the Attorney General Act 4.04 of the
13    Illinois Act on the Aging, only for the purpose of securing
14    background checks.
15    "Initiate" means obtaining from a student, applicant, or
16employee his or her social security number, demographics, a
17disclosure statement, and an authorization for the Department
18of Public Health or its designee to request a fingerprint-based
19criminal history records check; transmitting this information
20electronically to the Department of Public Health; conducting
21Internet searches on certain web sites, including without
22limitation the Illinois Sex Offender Registry, the Department
23of Corrections' Sex Offender Search Engine, the Department of
24Corrections' Inmate Search Engine, the Department of
25Corrections Wanted Fugitives Search Engine, the National Sex
26Offender Public Registry, and the website of the Health and

 

 

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1Human Services Office of Inspector General to determine if the
2applicant has been adjudicated a sex offender, has been a
3prison inmate, or has committed Medicare or Medicaid fraud, or
4conducting similar searches as defined by rule; and having the
5student, applicant, or employee's fingerprints collected and
6transmitted electronically to the Department of State Police.
7    "Livescan vendor" means an entity whose equipment has been
8certified by the Department of State Police to collect an
9individual's demographics and inkless fingerprints and, in a
10manner prescribed by the Department of State Police and the
11Department of Public Health, electronically transmit the
12fingerprints and required data to the Department of State
13Police and a daily file of required data to the Department of
14Public Health. The Department of Public Health shall negotiate
15a contract with one or more vendors that effectively
16demonstrate that the vendor has 2 or more years of experience
17transmitting fingerprints electronically to the Department of
18State Police and that the vendor can successfully transmit the
19required data in a manner prescribed by the Department of
20Public Health. Vendor authorization may be further defined by
21administrative rule.
22    "Long-term care facility" means a facility licensed by the
23State or certified under federal law as a long-term care
24facility, including without limitation facilities licensed
25under the Nursing Home Care Act or the MR/DD Community Care
26Act, a supportive living facility, an assisted living

 

 

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1establishment, or a shared housing establishment or registered
2as a board and care home.
3(Source: P.A. 95-120, eff. 8-13-07; 95-331, eff. 8-21-07;
496-339, eff. 7-1-10.)
 
5    Section 25. The Older Adult Services Act is amended by
6changing Section 35 as follows:
 
7    (320 ILCS 42/35)
8    Sec. 35. Older Adult Services Advisory Committee.
9    (a) The Older Adult Services Advisory Committee is created
10to advise the directors of Aging, Healthcare and Family
11Services, and Public Health on all matters related to this Act
12and the delivery of services to older adults in general.
13    (b) The Advisory Committee shall be comprised of the
14following:
15        (1) The Director of Aging or his or her designee, who
16    shall serve as chair and shall be an ex officio and
17    nonvoting member.
18        (2) The Director of Healthcare and Family Services and
19    the Director of Public Health or their designees, who shall
20    serve as vice-chairs and shall be ex officio and nonvoting
21    members.
22        (3) One representative each of the Governor's Office,
23    the Department of Healthcare and Family Services, the
24    Department of Public Health, the Department of Veterans'

 

 

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1    Affairs, the Department of Human Services, the Department
2    of Insurance, the Department of Commerce and Economic
3    Opportunity, the Department on Aging, the Office of
4    Department on Aging's State Long Term Care Ombudsman, the
5    Illinois Housing Finance Authority, and the Illinois
6    Housing Development Authority, each of whom shall be
7    selected by his or her respective director and shall be an
8    ex officio and nonvoting member.
9        (4) Thirty members appointed by the Director of Aging
10    in collaboration with the directors of Public Health and
11    Healthcare and Family Services, and selected from the
12    recommendations of statewide associations and
13    organizations, as follows:
14            (A) One member representing the Area Agencies on
15        Aging;
16            (B) Four members representing nursing homes or
17        licensed assisted living establishments;
18            (C) One member representing home health agencies;
19            (D) One member representing case management
20        services;
21            (E) One member representing statewide senior
22        center associations;
23            (F) One member representing Community Care Program
24        homemaker services;
25            (G) One member representing Community Care Program
26        adult day services;

 

 

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1            (H) One member representing nutrition project
2        directors;
3            (I) One member representing hospice programs;
4            (J) One member representing individuals with
5        Alzheimer's disease and related dementias;
6            (K) Two members representing statewide trade or
7        labor unions;
8            (L) One advanced practice nurse with experience in
9        gerontological nursing;
10            (M) One physician specializing in gerontology;
11            (N) One member representing regional long-term
12        care ombudsmen;
13            (O) One member representing municipal, township,
14        or county officials;
15            (P) (Blank);
16            (Q) (Blank);
17            (R) One member representing the parish nurse
18        movement;
19            (S) One member representing pharmacists;
20            (T) Two members representing statewide
21        organizations engaging in advocacy or legal
22        representation on behalf of the senior population;
23            (U) Two family caregivers;
24            (V) Two citizen members over the age of 60;
25            (W) One citizen with knowledge in the area of
26        gerontology research or health care law;

 

 

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1            (X) One representative of health care facilities
2        licensed under the Hospital Licensing Act; and
3            (Y) One representative of primary care service
4        providers.
5    The Director of Aging, in collaboration with the Directors
6of Public Health and Healthcare and Family Services, may
7appoint additional citizen members to the Older Adult Services
8Advisory Committee. Each such additional member must be either
9an individual age 60 or older or an uncompensated caregiver for
10a family member or friend who is age 60 or older.
11    (c) Voting members of the Advisory Committee shall serve
12for a term of 3 years or until a replacement is named. All
13members shall be appointed no later than January 1, 2005. Of
14the initial appointees, as determined by lot, 10 members shall
15serve a term of one year; 10 shall serve for a term of 2 years;
16and 12 shall serve for a term of 3 years. Any member appointed
17to fill a vacancy occurring prior to the expiration of the term
18for which his or her predecessor was appointed shall be
19appointed for the remainder of that term. The Advisory
20Committee shall meet at least quarterly and may meet more
21frequently at the call of the Chair. A simple majority of those
22appointed shall constitute a quorum. The affirmative vote of a
23majority of those present and voting shall be necessary for
24Advisory Committee action. Members of the Advisory Committee
25shall receive no compensation for their services.
26    (d) The Advisory Committee shall have an Executive

 

 

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1Committee comprised of the Chair, the Vice Chairs, and up to 15
2members of the Advisory Committee appointed by the Chair who
3have demonstrated expertise in developing, implementing, or
4coordinating the system restructuring initiatives defined in
5Section 25. The Executive Committee shall have responsibility
6to oversee and structure the operations of the Advisory
7Committee and to create and appoint necessary subcommittees and
8subcommittee members.
9    (e) The Advisory Committee shall study and make
10recommendations related to the implementation of this Act,
11including but not limited to system restructuring initiatives
12as defined in Section 25 or otherwise related to this Act.
13(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
 
14    Section 30. The Illinois Power of Attorney Act is amended
15by changing Section 2-7.5 as follows:
 
16    (755 ILCS 45/2-7.5)
17    (Section scheduled to be repealed on July 1, 2011)
18    Sec. 2-7.5. Incapacitated principal.
19    (a) This Section shall apply only to an agent acting for a
20principal who is incapacitated. A principal shall be considered
21incapacitated if that individual is under a legal disability as
22defined in Section 11a-2 of the Probate Act of 1975. A
23principal shall also be considered incapacitated if: (i) a
24physician licensed to practice medicine in all its branches has

 

 

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1examined the principal and has determined that the principal
2lacks decision making capacity; and (ii) that physician has
3made a written record of this determination and has signed the
4written record within 90 days after the examination; and (iii)
5the written record has been delivered to the agent. The agent
6may rely conclusively on that written record.
7    (b) An agent shall provide a record of all receipts,
8disbursements, and significant actions taken under the
9authority of the agency when requested to do so: (i) by a
10representative of a provider agency, as defined in Section 2 of
11the Elder Abuse and Neglect Act, acting in the course of an
12assessment of a complaint of elder abuse or neglect under that
13Act; (ii) by a representative of the Office of the State Long
14Term Care Ombudsman acting in the course of an investigation of
15a complaint of financial exploitation of a nursing home
16resident under Section 6.7 of the Attorney General Act 4.04 of
17the Illinois Act on the Aging; or (iii) by a representative of
18the Office of Inspector General for the Department of Human
19Services acting in the course of an assessment of a complaint
20of financial exploitation of an adult with disabilities
21pursuant to Section 35 of the Abuse of Adults with Disabilities
22Intervention Act.
23    (c) If the agent fails to provide his or her record of all
24receipts, disbursements, and significant actions within 21
25days after a request under paragraph (b), the elder abuse
26provider agency or the State Long Term Care Ombudsman may

 

 

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1petition the court for an order requiring the agent to produce
2his or her record of receipts, disbursements, and significant
3actions. If the court finds that the agent's failure to provide
4his or her record in a timely manner to the elder abuse
5provider agency or the State Long Term Care Ombudsman was
6without good cause, the court may assess reasonable costs and
7attorney's fees against the agent, and order such other relief
8as is appropriate.
9(Source: P.A. 94-850, eff. 6-13-06. Repealed by P.A. 96-1195,
10eff. 7-1-11.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.