Illinois General Assembly - Full Text of HB3053
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Full Text of HB3053  100th General Assembly

HB3053 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3053

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 32/1
210 ILCS 32/5
210 ILCS 32/65
210 ILCS 135/14.5 new

    Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Changes the title of the Act to the Authorized Electronic Monitoring in Long-Term Care Facilities and Community-Integrated Living Arrangements Act. Makes changes to make the provisions of the Act applicable to community-integrated living arrangements certified under the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the term "Department", for the purposes of facilities licensed under the Nursing Home Care Act, ID/DD Community Care Act, or MC/DD Act, means the Department of Public Health. Provides that the term "Department", for the purposes of community-integrated living arrangements certified under the Community-Integrated Living Arrangements Licensure and Certification Act, means the Department of Human Services. Adds community-integrated living arrangements to the definition of "facility". Provides that "resident's representative" does not apply to community-integrated living arrangements. Provides that the Department of Human Services shall consult with the Department of Public Health when adopting rules to implement the Act. Amends the Community-Integrated Living Arrangements Licensure and Certification Act to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident that has provided specified notice and consent. Makes other changes.


LRB100 10417 MJP 20615 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3053LRB100 10417 MJP 20615 b

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
61, 5, and 65 as follows:
 
7    (210 ILCS 32/1)
8    Sec. 1. Short title. This Act may be cited as the
9Authorized Electronic Monitoring in Long-Term Care Facilities
10and Community-Integrated Living Arrangements Act.
11(Source: P.A. 99-430, eff. 1-1-16.)
 
12    (210 ILCS 32/5)
13    Sec. 5. Definitions. As used in this Act:
14    "Authorized electronic monitoring" means the placement and
15use of an electronic monitoring device by a resident in his or
16her room in accordance with this Act.
17    "Department", for the purposes of facilities licensed
18under the Nursing Home Care Act, ID/DD Community Care Act, or
19MC/DD Act, means the Department of Public Health. For the
20purposes of community-integrated living arrangements certified
21under the Community-Integrated Living Arrangements Licensure
22and Certification Act, "Department" means the Department of

 

 

HB3053- 2 -LRB100 10417 MJP 20615 b

1Human Services.
2    "Electronic monitoring device" means a surveillance
3instrument with a fixed position video camera or an audio
4recording device, or a combination thereof, that is installed
5in a resident's room under the provisions of this Act and
6broadcasts or records activity or sounds occurring in the room.
7    "Facility" means an intermediate care facility for the
8developmentally disabled licensed under the ID/DD Community
9Care Act that has 30 beds or more, a facility licensed under
10the MC/DD Act, or a long-term care facility licensed under the
11Nursing Home Care Act, or a community-integrated living
12arrangement certified under the Community-Integrated Living
13Arrangements Licensure and Certification Act.
14    "Resident" means a person residing in a facility.
15    "Resident's representative" has the meaning given to that
16term in (1) Section 1-123 of the Nursing Home Care Act if the
17resident resides in a facility licensed under the Nursing Home
18Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
19the resident resides in a facility licensed under the ID/DD
20Community Care Act, or (3) Section 1-123 of the MC/DD Act if
21the resident resides in a facility licensed under the MC/DD
22Act. "Resident's representative" does not apply to
23community-integrated living arrangements certified under the
24Community-Integrated Living Arrangements Licensure and
25Certification Act.
26(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
 

 

 

HB3053- 3 -LRB100 10417 MJP 20615 b

1    (210 ILCS 32/65)
2    Sec. 65. Rules. The Department shall adopt rules necessary
3to administer and enforce any Section of this Act. The
4Department of Human Services shall consult with the Department
5of Public Health when adopting rules to implement this Act.
6Rulemaking shall not delay the full implementation of this Act.
7(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
 
8    Section 10. The Community-Integrated Living Arrangements
9Licensure and Certification Act is amended by adding Section
1014.5 as follows:
 
11    (210 ILCS 135/14.5 new)
12    Sec. 14.5. Authorized electronic monitoring of a
13resident's room.
14    (a) A resident shall be permitted to conduct authorized
15electronic monitoring of the resident's room through the use of
16electronic monitoring devices placed in the room pursuant to
17the Authorized Electronic Monitoring in Long-Term Care
18Facilities and Community-Integrated Living Arrangements Act.
19    (b) No person shall:
20        (1) intentionally retaliate or discriminate against
21    any resident for consenting to authorized electronic
22    monitoring under the Authorized Electronic Monitoring in
23    Long-Term Care Facilities and Community-Integrated Living

 

 

HB3053- 4 -LRB100 10417 MJP 20615 b

1    Arrangements Act; or
2        (2) prevent the installation or use of an electronic
3    monitoring device by a resident who has provided the staff
4    of the community-integrated living arrangement with notice
5    and consent as required in Section 20 of the Authorized
6    Electronic Monitoring in Long-Term Care Facilities and
7    Community-Integrated Living Arrangements Act.
8    A violation of this subsection (b) is a business offense,
9punishable by a fine not to exceed $10,000. The State's
10Attorney of the county in which the community-integrated living
11arrangement is located, or the Attorney General, shall be
12notified by the Director of any violations of this subsection
13(b).