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91_HB2190
LRB9103384ACtm
1 AN ACT regarding nursing homes.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by
5 changing Section 3-610 and adding Sections 2-204.1, 2-204.2
6 and 3-304.1 as follows:
7 (210 ILCS 45/2-204.1 new)
8 Sec. 2-204.1. Nursing homes; Departmental review;
9 patients with a mental illness.
10 (a) The Department shall review all nursing home
11 residents with a mental illness to determine the
12 appropriateness of placement, the adequacy of treatment and
13 oversight, and the safety of other residents.
14 (b) The Department shall review the staffing policies of
15 all nursing homes to ensure that all nursing homes have an
16 adequate number of staff with the appropriate specialized
17 training needed to care for mentally ill patients.
18 (210 ILCS 45/2-204.2 new)
19 Sec. 2-204.2. Notification of acceptance of residents
20 with a mental illness; separation of residents.
21 (a) A facility must inform residents and their immediate
22 families whether its policy is to accept residents with
23 mental illness.
24 (b) Residents with a mental illness shall be separated
25 from other residents of the facility. These residents shall
26 have a staff with specialized training attending to their
27 needs.
28 (210 ILCS 45/3-304.1 new)
29 Sec. 3-304.1. Departmental review; penalties. The
-2- LRB9103384ACtm
1 Department shall review its current licensing and
2 certification policies for nursing homes and its penalties
3 for violation to deter facilities from repeated violation of
4 licensure and certification requirements.
5 (210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)
6 Sec. 3-610. Reporting requirement.
7 (a) A facility employee or agent who becomes aware of
8 abuse or neglect of a resident prohibited by Section 2-107
9 shall immediately report the matter to the Department and to
10 the facility administrator. A facility administrator who
11 becomes aware of abuse or neglect of a resident prohibited by
12 Section 2-107 shall immediately report the matter by
13 telephone and in writing to the resident's representative,
14 and to the Department. Any person may report a violation of
15 Section 2-107 to the Department.
16 (b) The Department shall, without appreciable delay,
17 discipline facility employees, agents, or administrators for
18 a violation of subsection (a).
19 (Source: P.A. 82-120.)
20 Section 10. The Mental Health and Developmental
21 Disabilities Code is amended by adding Section 3-911 as
22 follows:
23 (405 ILCS 45/3-911 new)
24 Sec. 3-911. The Department shall review its policies and
25 procedures and the policies and procedures of the Department
26 of Public Health and the Department of Public Aid to
27 determine the adequacy of patient assessments and treatment
28 plans that include nursing home placements. The Department
29 may impose a moratorium on discharges of appropriate
30 residents from mental health facilities operated by the State
31 or a political subdivision thereof pending the review.