99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5603

 

Introduced , by Rep. Greg Harris

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Adds references to facilities licensed under the MC/DD Act to the definitions of "facility" and "resident's representative". In a provision that requires a resident conducting authorized electronic monitoring to obtain the consent of any new roommate, provides that if a new roommate does not consent to authorized electronic monitoring and the resident conducting the authorized electronic monitoring does not remove or disable the electronic monitoring device, the facility shall (instead of may) turn off the device. Provides that all electronic monitoring device installations and supporting services shall comply with the requirements of the 2012 edition (instead of the 2000 edition) of the National Fire Protection Association (NFPA) 101 Life Safety Code. Provides that the Department of Public Health's distribution of up to $50,000 in funds to certain residents for the purchase and installation of authorized electronic monitoring devices is subject to appropriation. Amends the MC/DD Act. Provides that a resident shall be permitted to conduct authorized electronic monitoring of the resident's room. Provides that it is a business offense for a person to intentionally retaliate or discriminate against any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Provides that it is a business offense for a facility to prevent the installation or use of an electronic monitoring device by a resident who has provided the facility with the required notice and consent.


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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,
3represented in the General Assembly:
 
4    Section 5. The Authorized Electronic Monitoring in
5Long-Term Care Facilities Act is amended by changing Sections
65, 15, 25, and 27 as follows:
 
7    (210 ILCS 32/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Authorized electronic monitoring" means the placement and
10use of an electronic monitoring device by a resident in his or
11her room in accordance with this Act.
12    "Department" means the Department of Public Health.
13    "Electronic monitoring device" means a surveillance
14instrument with a fixed position video camera or an audio
15recording device, or a combination thereof, that is installed
16in a resident's room under the provisions of this Act and
17broadcasts or records activity or sounds occurring in the room.
18    "Facility" means an intermediate care facility for the
19developmentally disabled licensed under the ID/DD Community
20Care Act that has 30 beds or more, a facility licensed under
21the MC/DD Act a long-term care for under age 22 facility
22licensed under the ID/DD Community Care Act, or a long-term
23care facility licensed under the Nursing Home Care Act.

 

 

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1    "Resident" means a person residing in a facility.
2    "Resident's representative" has the meaning given to that
3term in (1) Section 1-123 of the Nursing Home Care Act if the
4resident resides in a facility licensed under the Nursing Home
5Care Act, or (2) Section 1-123 of the ID/DD Community Care Act
6if the resident resides in a facility licensed under the ID/DD
7Community Care Act, or (3) Section 1-123 of the MC/DD Act if
8the resident resides in a facility licensed under the MC/DD
9Act.
10(Source: P.A. 99-430, eff. 1-1-16.)
 
11    (210 ILCS 32/15)
12    Sec. 15. Consent.
13    (a) Except as otherwise provided in this subsection, a
14resident, a resident's plenary guardian of the person, or the
15parent of a resident under the age of 18 must consent in
16writing on a notification and consent form prescribed by the
17Department to the authorized electronic monitoring in the
18resident's room. If the resident has not affirmatively objected
19to the authorized electronic monitoring and the resident's
20physician determines that the resident lacks the ability to
21understand and appreciate the nature and consequences of
22electronic monitoring, the following individuals may consent
23on behalf of the resident, in order of priority:
24        (1) a health care agent named under the Illinois Power
25    of Attorney Act;

 

 

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1        (2) a resident's representative, as defined in Section
2    5 of this Act;
3        (3) the resident's spouse;
4        (4) the resident's parent;
5        (5) the resident's adult child who has the written
6    consent of the other adult children of the resident to act
7    as the sole decision maker regarding authorized electronic
8    monitoring; or
9        (6) the resident's adult brother or sister who has the
10    written consent of the other adult siblings of the resident
11    to act as the sole decision maker regarding authorized
12    electronic monitoring.
13    (a-5) Prior to another person, other than a resident's
14plenary guardian of the person, consenting on behalf of a
15resident 18 years of age or older in accordance with this
16Section, the resident must be asked by that person, in the
17presence of a facility employee, if he or she wants authorized
18electronic monitoring to be conducted. The person must explain
19to the resident:
20        (1) the type of electronic monitoring device to be
21    used;
22        (2) the standard conditions that may be placed on the
23    electronic monitoring device's use, including those listed
24    in paragraph (7) of subsection (b) of Section 20;
25        (3) with whom the recording may be shared according to
26    Section 45; and

 

 

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1        (4) the resident's ability to decline all recording.
2    For the purposes of this subsection, a resident
3affirmatively objects when he or she orally, visually, or
4through the use of auxiliary aids or services declines
5authorized electronic monitoring. The resident's response must
6be documented on the notification and consent form.
7    (b) A resident or roommate may consent to authorized
8electronic monitoring with any conditions of the resident's
9choosing, including, but not limited to, the list of standard
10conditions provided in paragraph (7) of subsection (b) of
11Section 20. A resident or roommate may request that the
12electronic monitoring device be turned off or the visual
13recording component of the electronic monitoring device be
14blocked at any time.
15    (c) Prior to the authorized electronic monitoring, a
16resident must obtain the written consent of any other resident
17residing in the room on the notification and consent form
18prescribed by the Department. Except as otherwise provided in
19this subsection, a roommate, a roommate's plenary guardian of
20the person, or the parent of a roommate under the age of 18
21must consent in writing to the authorized electronic monitoring
22in the resident's room. If the roommate has not affirmatively
23objected to the authorized electronic monitoring in accordance
24with subsection (a-5) and the roommate's physician determines
25that the roommate lacks the ability to understand and
26appreciate the nature and consequences of electronic

 

 

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1monitoring, the following individuals may consent on behalf of
2the roommate, in order of priority:
3        (1) a health care agent named under the Illinois Power
4    of Attorney Act;
5        (2) a roommate's resident's representative, as defined
6    in Section 5 of this Act;
7        (3) the roommate's spouse;
8        (4) the roommate's parent;
9        (5) the roommate's adult child who has the written
10    consent of the other adult children of the resident to act
11    as the sole decision maker regarding authorized electronic
12    monitoring; or
13        (6) the roommate's adult brother or sister who has the
14    written consent of the other adult siblings of the resident
15    to act as the sole decision maker regarding authorized
16    electronic monitoring.
17    (c-5) Consent by a roommate under subsection (c) authorizes
18the resident's use of any recording obtained under this Act, as
19provided in Section 45 of this Act.
20    (c-7) Any resident previously conducting authorized
21electronic monitoring must obtain consent from any new roommate
22before the resident may resume authorized electronic
23monitoring. If a new roommate does not consent to authorized
24electronic monitoring and the resident conducting the
25authorized electronic monitoring does not remove or disable the
26electronic monitoring device, the facility shall may turn off

 

 

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1the device.
2    (d) Consent may be withdrawn by the resident or roommate at
3any time, and the withdrawal of consent shall be documented in
4the resident's clinical record. If a roommate withdraws consent
5and the resident conducting the authorized electronic
6monitoring does not remove or disable the electronic monitoring
7device, the facility may turn off the electronic monitoring
8device.
9    (e) If a resident who is residing in a shared room wants to
10conduct authorized electronic monitoring and another resident
11living in or moving into the same shared room refuses to
12consent to the use of an electronic monitoring device, the
13facility shall make a reasonable attempt to accommodate the
14resident who wants to conduct authorized electronic
15monitoring. A facility has met the requirement to make a
16reasonable attempt to accommodate a resident who wants to
17conduct authorized electronic monitoring when upon
18notification that a roommate has not consented to the use of an
19electronic monitoring device in his or her room, the facility
20offers to move either resident to another shared room that is
21available at the time of the request. If a resident chooses to
22reside in a private room in order to accommodate the use of an
23electronic monitoring device, the resident must pay the private
24room rate. If a facility is unable to accommodate a resident
25due to lack of space, the facility must reevaluate the request
26every 2 weeks until the request is fulfilled.

 

 

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1(Source: P.A. 99-430, eff. 1-1-16.)
 
2    (210 ILCS 32/25)
3    Sec. 25. Cost and installation.
4    (a) A resident choosing to conduct authorized electronic
5monitoring must do so at his or her own expense, including
6paying purchase, installation, maintenance, and removal costs.
7    (b) If a resident chooses to install an electronic
8monitoring device that uses Internet technology for visual or
9audio monitoring, that resident is responsible for contracting
10with an Internet service provider.
11    (c) The facility shall make a reasonable attempt to
12accommodate the resident's installation needs, including, but
13not limited to, allowing access to the facility's
14telecommunications or equipment room. A facility has the burden
15of proving that a requested accommodation is not reasonable.
16    (d) The electronic monitoring device must be placed in a
17conspicuously visible location in the room.
18    (e) A facility may not charge the resident a fee for the
19cost of electricity used by an electronic monitoring device.
20    (f) All electronic monitoring device installations and
21supporting services shall comply with the requirements of the
22National Fire Protection Association (NFPA) 101 Life Safety
23Code (2012 2000 edition).
24(Source: P.A. 99-430, eff. 1-1-16.)
 

 

 

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1    (210 ILCS 32/27)
2    Sec. 27. Assistance program.
3    (a) Subject to appropriation, the Department shall
4establish a program to assist residents receiving medical
5assistance under Article V of the Illinois Public Aid Code in
6accessing authorized electronic monitoring.
7    (b) Subject to appropriation, the The Department shall
8distribute up to $50,000 in funds on an annual basis to
9residents receiving medical assistance under Article V of the
10Illinois Public Aid Code for the purchase and installation of
11authorized electronic monitoring devices.
12    (c) Applications for funds and disbursement of funds must
13be made in a manner prescribed by the Department.
14(Source: P.A. 99-430, eff. 1-1-16.)
 
15    Section 10. The MC/DD Act is amended by adding Section
162-116 and by changing Section 3-318 as follows:
 
17    (210 ILCS 46/2-116 new)
18    Sec. 2-116. Authorized electronic monitoring of a
19resident's room. A resident shall be permitted to conduct
20authorized electronic monitoring of the resident's room
21through the use of electronic monitoring devices placed in the
22room pursuant to the Authorized Electronic Monitoring in
23Long-Term Care Facilities Act.
 

 

 

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1    (210 ILCS 46/3-318)
2    Sec. 3-318. Business offenses.
3    (a) No person shall:
4        (1) Intentionally fail to correct or interfere with the
5    correction of a Type "AA", Type "A", or Type "B" violation
6    within the time specified on the notice or approved plan of
7    correction under this Act as the maximum period given for
8    correction, unless an extension is granted and the
9    corrections are made before expiration of extension;
10        (2) Intentionally prevent, interfere with, or attempt
11    to impede in any way any duly authorized investigation and
12    enforcement of this Act;
13        (3) Intentionally prevent or attempt to prevent any
14    examination of any relevant books or records pertinent to
15    investigations and enforcement of this Act;
16        (4) Intentionally prevent or interfere with the
17    preservation of evidence pertaining to any violation of
18    this Act or the rules promulgated under this Act;
19        (5) Intentionally retaliate or discriminate against
20    any resident or employee for contacting or providing
21    information to any state official, or for initiating,
22    participating in, or testifying in an action for any remedy
23    authorized under this Act;
24        (6) Willfully file any false, incomplete or
25    intentionally misleading information required to be filed
26    under this Act, or willfully fail or refuse to file any

 

 

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1    required information; or
2        (7) Open or operate a facility without a license; or .
3        (8) Intentionally retaliate or discriminate against
4    any resident for consenting to authorized electronic
5    monitoring under the Authorized Electronic Monitoring in
6    Long-Term Care Facilities Act.
7        (9) Prevent the installation or use of an electronic
8    monitoring device by a resident who has provided the
9    facility with notice and consent as required in Section 20
10    of the Authorized Electronic Monitoring in Long-Term Care
11    Facilities Act.
12    (b) A violation of this Section is a business offense,
13punishable by a fine not to exceed $10,000, except as otherwise
14provided in subsection (2) of Section 3-103 as to submission of
15false or misleading information in a license application.
16    (c) The State's Attorney of the county in which the
17facility is located, or the Attorney General, shall be notified
18by the Director of any violations of this Section.
19(Source: P.A. 99-180, eff. 7-29-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    210 ILCS 32/5
4    210 ILCS 32/15
5    210 ILCS 32/25
6    210 ILCS 32/27
7    210 ILCS 46/2-116 new
8    210 ILCS 46/3-318