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| | 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 | |
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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 | |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Attorney General Act is amended by adding |
5 | | Section 6.7 as follows:
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6 | | (15 ILCS 205/6.7 new)
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7 | | Sec. 6.7. Long Term Care Ombudsman Program.
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8 | | (a) Long Term Care Ombudsman Program. The Attorney General |
9 | | shall
establish a Long Term Care Ombudsman Program, through the |
10 | | Office of State
Long Term Care Ombudsman ("the Office"), in |
11 | | accordance with the provisions of
the Older Americans Act of |
12 | | 1965, as now or hereafter amended.
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13 | | (b) Definitions. As used in this Section, unless the |
14 | | context requires
otherwise:
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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:
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18 | | (i) Enter any long term care facility or assisted |
19 | | living or shared
housing establishment or supportive |
20 | | living facility;
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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;
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4 | | (iv) Inspect the clinical and other records of a |
5 | | resident, regardless of age, with the
express written |
6 | | consent of the resident;
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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
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10 | | living area of any resident who protests the |
11 | | observation.
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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)).
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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.
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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.
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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
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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.
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14 | | (c) Ombudsman; rules. The Office of State Long Term Care |
15 | | Ombudsman shall
be composed of at least one full-time ombudsman |
16 | | and shall include a system of
designated regional long term |
17 | | care ombudsman programs. Each regional program
shall be |
18 | | designated by the State Long Term Care Ombudsman as a |
19 | | subdivision of
the Office and any representative of a regional |
20 | | program shall be treated as a
representative of the Office.
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21 | | The Attorney General, in consultation with the Office, |
22 | | shall promulgate
administrative rules in accordance with the |
23 | | provisions of the Older Americans
Act of 1965, as now or |
24 | | hereafter amended, to establish the responsibilities of
the |
25 | | Attorney General and the Office of State Long Term Care |
26 | | Ombudsman and the
designated regional Ombudsman programs. The |
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1 | | administrative rules shall include
the responsibility of the |
2 | | Office and designated regional programs to
investigate and |
3 | | resolve complaints made by or on behalf of residents of long
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4 | | term care facilities, supportive living facilities, and |
5 | | assisted living and
shared housing establishments, including |
6 | | the option to serve residents under the age of 60, relating to |
7 | | actions, inaction, or
decisions of providers, or their |
8 | | representatives, of long term care
facilities, of supported |
9 | | living facilities, of assisted living and shared
housing |
10 | | establishments, of public agencies, or of social services |
11 | | agencies,
which may adversely affect the health, safety, |
12 | | welfare, or rights of such
residents. The Office and designated |
13 | | regional programs may represent all residents, but are not |
14 | | required by this Section to represent persons under 60 years of |
15 | | age, except to the extent required by federal law.
When |
16 | | necessary and appropriate, representatives of the Office shall |
17 | | refer
complaints to the appropriate regulatory State agency.
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18 | | The Attorney General, in consultation with the Office, shall |
19 | | cooperate with the
Department of Human Services and other State |
20 | | agencies in providing information and training to
designated |
21 | | regional long term care ombudsman programs about the |
22 | | appropriate
assessment and treatment (including information |
23 | | about appropriate supportive
services, treatment options, and |
24 | | assessment of rehabilitation potential) of the residents they |
25 | | serve, including children,
persons with mental illness (other |
26 | | than Alzheimer's disease and related
disorders), and persons |
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1 | | with developmental disabilities. |
2 | | The State Long Term Care Ombudsman and all other ombudsmen, |
3 | | as defined in paragraph (3.1) of subsection (b), must submit to |
4 | | background checks under the Health Care Worker Background Check |
5 | | Act and receive training, as prescribed by the Illinois |
6 | | Department on Aging, before visiting facilities. The training |
7 | | must include information specific to assisted living |
8 | | establishments, supportive living facilities, and shared |
9 | | housing establishments and to the rights of residents |
10 | | guaranteed under the corresponding Acts and administrative |
11 | | rules.
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12 | | (c-5) Consumer Choice Information Reports. The Office |
13 | | shall: |
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.
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16 | | (d) Access and visitation rights.
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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
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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.
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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
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18 | | Long Term Care Ombudsman, in a manner prescribed by the |
19 | | Office.
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20 | | (e) Immunity. An ombudsman or any representative of the |
21 | | Office participating
in the good faith performance of his or |
22 | | her official duties
shall have immunity from any liability |
23 | | (civil, criminal or otherwise) in
any proceedings (civil, |
24 | | criminal or otherwise) brought as a consequence of
the |
25 | | performance of his official duties.
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26 | | (f) Petty offenses.
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1 | | (1) No person shall:
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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
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6 | | (ii) Intentionally retaliate, discriminate |
7 | | against, or effect reprisals
against any long term care |
8 | | facility resident or employee for contacting or
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9 | | providing information to any representative of the |
10 | | Office.
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11 | | (2) A violation of this Section is a petty offense, |
12 | | punishable by a
fine not to exceed $501.
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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.
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18 | | (g) Confidentiality of records and identities. The |
19 | | Attorney General shall
establish procedures for the disclosure |
20 | | by the State Ombudsman or the regional
ombudsmen
entities of |
21 | | files maintained by the program. The procedures shall provide |
22 | | that
the files and records may be disclosed only at the |
23 | | discretion of the State Long
Term Care
Ombudsman or the person |
24 | | designated by the State Ombudsman to disclose the files
and |
25 | | records, and the procedures shall prohibit the disclosure of |
26 | | the identity
of any complainant, resident, witness, or employee |
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1 | | of a long term care provider
unless:
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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;
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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
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9 | | accordance with such requirements as the Attorney General |
10 | | shall establish; or
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11 | | (3) the disclosure is required by court order.
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12 | | (h) Legal representation. The Attorney General shall
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13 | | provide legal representation to any representative of the |
14 | | Office
against
whom suit or other legal action is brought in |
15 | | connection with the
performance of the representative's |
16 | | official duties, in accordance with the
State Employee |
17 | | Indemnification Act.
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18 | | (i) Treatment by prayer and spiritual means. Nothing in |
19 | | this Act shall
be construed to authorize or require the medical |
20 | | supervision, regulation
or control of remedial care or |
21 | | treatment of any resident in a long term
care facility operated |
22 | | exclusively by and for members or adherents of any
church or |
23 | | religious denomination the tenets and practices of which |
24 | | include
reliance solely upon spiritual means through prayer for |
25 | | healing.
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26 | | (j) The Long Term Care Ombudsman Fund, a special fund in |
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1 | | the State treasury, shall receive moneys for the express |
2 | | purposes of this Section. All interest earned on moneys in the |
3 | | fund shall be credited to the fund. Moneys contained in the |
4 | | fund shall be used to support the purposes of this Section.
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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 |
24 | | changing Section 4.03 as follows:
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1 | | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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2 | | Sec. 4.03. The Department on Aging, in cooperation with the |
3 | | Department of
Human Services and any other appropriate State, |
4 | | local or
federal agency, shall, without regard to income |
5 | | guidelines, establish a
nursing home prescreening program to |
6 | | determine whether Alzheimer's Disease
and related disorders |
7 | | victims, and persons who are deemed as blind or
disabled as |
8 | | defined by the Social Security Act and who are in need of long
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9 | | term care, may be satisfactorily cared for in their homes |
10 | | through the use
of home and community based services. |
11 | | Responsibility for prescreening shall be vested with case |
12 | | coordination units.
Prescreening shall occur: (i) when |
13 | | hospital discharge planners have advised the case coordination |
14 | | unit of the imminent risk of nursing home placement of a |
15 | | patient who meets the above criteria and in advance of |
16 | | discharge of the patient; or (ii) when a case coordination unit |
17 | | has been advised of the imminent risk of nursing home placement |
18 | | of an individual in the community. The individual who is |
19 | | prescreened shall be informed of all appropriate options, |
20 | | including placement in a nursing home and the availability of |
21 | | in-home and community-based services and shall be advised of |
22 | | her or his right to refuse nursing home, in-home, |
23 | | community-based, or all services. Case coordination units |
24 | | under
contract with the Department may charge a fee for the |
25 | | prescreening provided
under this Section and the fee shall be |
26 | | no greater than the cost of such
services to the case |
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1 | | coordination unit. At the time of each prescreening, case |
2 | | coordination units shall provide information regarding the |
3 | | Office of State Long Term Care Ombudsman's Residents Right to |
4 | | Know database as authorized in subsection (c-5) of Section 6.7 |
5 | | of the Attorney General Act 4.04 .
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6 | | (Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328, |
7 | | eff. 8-11-09.)
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8 | | (20 ILCS 105/4.04 rep.) |
9 | | Section 15. The Illinois Act on the Aging is amended by |
10 | | repealing Section 4.04. |
11 | | Section 20. The Health Care Worker Background Check Act is |
12 | | amended by changing Section 15 as follows:
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13 | | (225 ILCS 46/15)
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14 | | Sec. 15. Definitions. In this Act:
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15 | | "Applicant" means an individual seeking employment with a |
16 | | health care
employer who has received a bona fide conditional |
17 | | offer of employment.
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18 | | "Conditional offer of employment" means a bona fide offer |
19 | | of employment by a
health care employer to an applicant, which |
20 | | is contingent upon the receipt of a
report from the Department |
21 | | of Public Health indicating that the applicant does
not have a |
22 | | record of conviction of any of the criminal offenses enumerated |
23 | | in
Section 25.
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1 | | "Direct care" means the provision of nursing care or |
2 | | assistance with feeding,
dressing, movement, bathing, |
3 | | toileting, or other personal needs, including home services as |
4 | | defined in the Home Health, Home Services, and Home Nursing |
5 | | Agency Licensing Act. The entity
responsible for inspecting and |
6 | | licensing, certifying, or registering the
health care employer |
7 | | may, by administrative rule, prescribe guidelines for
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8 | | interpreting this definition with regard to the health care |
9 | | employers that it
licenses.
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10 | | "Disqualifying offenses" means those offenses set forth in |
11 | | Section 25 of this Act. |
12 | | "Employee" means any individual hired, employed, or |
13 | | retained to which this Act applies. |
14 | | "Fingerprint-based criminal history records check" means a |
15 | | livescan fingerprint-based criminal history records check |
16 | | submitted as a fee applicant inquiry in the form and manner |
17 | | prescribed by the Department of State Police.
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18 | | "Health care employer" means:
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19 | | (1) the owner or licensee of any of the
following:
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20 | | (i) a community living facility, as defined in the |
21 | | Community Living
Facilities Act;
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22 | | (ii) a life care facility, as defined in the Life |
23 | | Care Facilities Act;
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24 | | (iii) a long-term care facility;
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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;
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2 | | (v) a hospice care program or volunteer hospice |
3 | | program, as defined in the Hospice Program Licensing |
4 | | Act;
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5 | | (vi) a hospital, as defined in the Hospital |
6 | | Licensing Act;
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7 | | (vii) (blank);
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8 | | (viii) a nurse agency, as defined in the Nurse |
9 | | Agency Licensing Act;
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10 | | (ix) a respite care provider, as defined in the |
11 | | Respite Program Act;
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12 | | (ix-a) an establishment licensed under the |
13 | | Assisted Living and Shared
Housing Act;
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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 |
16 | | employee his or her social security number, demographics, a |
17 | | disclosure statement, and an authorization for the Department |
18 | | of Public Health or its designee to request a fingerprint-based |
19 | | criminal history records check; transmitting this information |
20 | | electronically to the Department of Public Health; conducting |
21 | | Internet searches on certain web sites, including without |
22 | | limitation the Illinois Sex Offender Registry, the Department |
23 | | of Corrections' Sex Offender Search Engine, the Department of |
24 | | Corrections' Inmate Search Engine, the Department of |
25 | | Corrections Wanted Fugitives Search Engine, the National Sex |
26 | | Offender Public Registry, and the website of the Health and |
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1 | | Human Services Office of Inspector General to determine if the |
2 | | applicant has been adjudicated a sex offender, has been a |
3 | | prison inmate, or has committed Medicare or Medicaid fraud, or |
4 | | conducting similar searches as defined by rule; and having the |
5 | | student, applicant, or employee's fingerprints collected and |
6 | | transmitted electronically to the Department of State Police.
|
7 | | "Livescan vendor" means an entity whose equipment has been |
8 | | certified by the Department of State Police to collect an |
9 | | individual's demographics and inkless fingerprints and, in a |
10 | | manner prescribed by the Department of State Police and the |
11 | | Department of Public Health, electronically transmit the |
12 | | fingerprints and required data to the Department of State |
13 | | Police and a daily file of required data to the Department of |
14 | | Public Health. The Department of Public Health shall negotiate |
15 | | a contract with one or more vendors that effectively |
16 | | demonstrate that the vendor has 2 or more years of experience |
17 | | transmitting fingerprints electronically to the Department of |
18 | | State Police and that the vendor can successfully transmit the |
19 | | required data in a manner prescribed by the Department of |
20 | | Public Health. Vendor authorization may be further defined by |
21 | | administrative rule.
|
22 | | "Long-term care facility" means a facility licensed by the |
23 | | State or certified under federal law as a long-term care |
24 | | facility, including without limitation facilities licensed |
25 | | under the Nursing Home Care Act or the MR/DD Community Care |
26 | | Act, a supportive living facility, an assisted living |
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1 | | establishment, or a shared housing establishment or registered |
2 | | as a board and care home.
|
3 | | (Source: P.A. 95-120, eff. 8-13-07; 95-331, eff. 8-21-07; |
4 | | 96-339, eff. 7-1-10 .)
|
5 | | Section 25. The Older Adult Services Act is amended by |
6 | | changing 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 |
10 | | to advise the directors of Aging, Healthcare and Family |
11 | | Services, and Public Health on all matters related to this Act |
12 | | and the delivery of services to older adults in general.
|
13 | | (b) The Advisory Committee shall be comprised of the |
14 | | following:
|
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 |
6 | | of Public Health and Healthcare and Family Services, may |
7 | | appoint additional citizen members to the Older Adult Services |
8 | | Advisory Committee. Each such additional member must be either |
9 | | an individual age 60 or older or an uncompensated caregiver for |
10 | | a family member or friend who is age 60 or older.
|
11 | | (c) Voting members of the Advisory Committee shall serve |
12 | | for a term of 3 years or until a replacement is named. All |
13 | | members shall be appointed no later than January 1, 2005. Of |
14 | | the initial appointees, as determined by lot, 10 members shall |
15 | | serve a term of one year; 10 shall serve for a term of 2 years; |
16 | | and 12 shall serve for a term of 3 years. Any member appointed |
17 | | to fill a vacancy occurring prior to the expiration of the term |
18 | | for which his or her predecessor was appointed shall be |
19 | | appointed for the remainder of that term. The Advisory |
20 | | Committee shall meet at least quarterly and may meet more |
21 | | frequently at the call of the Chair. A simple majority of those |
22 | | appointed shall constitute a quorum. The affirmative vote of a |
23 | | majority of those present and voting shall be necessary for |
24 | | Advisory Committee action. Members of the Advisory Committee |
25 | | shall receive no compensation for their services.
|
26 | | (d) The Advisory Committee shall have an Executive |
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1 | | Committee comprised of the Chair, the Vice Chairs, and up to 15 |
2 | | members of the Advisory Committee appointed by the Chair who |
3 | | have demonstrated expertise in developing, implementing, or |
4 | | coordinating the system restructuring initiatives defined in |
5 | | Section 25. The Executive Committee shall have responsibility |
6 | | to oversee and structure the operations of the Advisory |
7 | | Committee and to create and appoint necessary subcommittees and |
8 | | subcommittee members.
|
9 | | (e) The Advisory Committee shall study and make |
10 | | recommendations related to the implementation of this Act, |
11 | | including but not limited to system restructuring initiatives |
12 | | as 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 |
15 | | by 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 |
20 | | principal who is incapacitated. A principal shall be
considered |
21 | | incapacitated if that individual is under a
legal disability as |
22 | | defined in Section 11a-2 of the Probate
Act of 1975. A |
23 | | principal shall also be considered
incapacitated if:
(i) a |
24 | | physician licensed to practice medicine in all its
branches has |
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1 | | examined the principal and has determined that
the principal |
2 | | lacks decision making capacity; and (ii) that
physician
has |
3 | | made a written record
of this determination and has signed the |
4 | | written record
within 90 days after the examination; and (iii) |
5 | | the written
record has been delivered to the agent. The agent |
6 | | may rely
conclusively on that written record.
|
7 | | (b) An agent shall provide a record of all receipts,
|
8 | | disbursements, and significant actions taken under the
|
9 | | authority of the agency when requested to do so: (i) by a
|
10 | | representative of a provider agency, as defined in Section
2 of |
11 | | the Elder Abuse and Neglect Act, acting in the course
of an |
12 | | assessment of a complaint of elder abuse or neglect
under that |
13 | | Act; (ii) by a representative of the Office
of the State Long |
14 | | Term Care Ombudsman acting in the course
of an investigation of |
15 | | a complaint of financial
exploitation of a nursing home |
16 | | resident under Section 6.7 of the Attorney General Act 4.04
of |
17 | | the Illinois Act on the Aging ; or (iii) by a representative of |
18 | | the Office of Inspector General for the Department of Human |
19 | | Services acting in the course of an assessment of a complaint |
20 | | of financial exploitation of an adult with disabilities |
21 | | pursuant to Section 35 of the Abuse of Adults with Disabilities |
22 | | Intervention Act.
|
23 | | (c) If the agent fails to provide his or her record of all |
24 | | receipts, disbursements, and significant actions within 21 |
25 | | days after a request under paragraph (b), the elder abuse |
26 | | provider agency or the State Long Term Care Ombudsman may |
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1 | | petition the court for an order requiring the agent to produce |
2 | | his or her record of receipts, disbursements, and significant |
3 | | actions. If the court finds that the agent's failure to provide |
4 | | his or her record in a timely manner to the elder abuse |
5 | | provider agency or the State Long Term Care Ombudsman was |
6 | | without good cause, the court may assess reasonable costs and |
7 | | attorney's fees against the agent, and order such other relief |
8 | | as is appropriate.
|
9 | | (Source: P.A. 94-850, eff. 6-13-06. Repealed by P.A. 96-1195, |
10 | | eff. 7-1-11.)
|
11 | | Section 95. No acceleration or delay. Where this Act makes |
12 | | changes in a statute that is represented in this Act by text |
13 | | that is not yet or no longer in effect (for example, a Section |
14 | | represented by multiple versions), the use of that text does |
15 | | not accelerate or delay the taking effect of (i) the changes |
16 | | made by this Act or (ii) provisions derived from any other |
17 | | Public Act.
|