HB5633 97TH GENERAL ASSEMBLY

LRB097 17001 DRJ 62192 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5633

Introduced 2/15/2012, by Rep. Kent Gaffney

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-110

from Ch. 111 1/2, par. 4152-110

Amends the Nursing Home Care Act. Provides that certain persons shall be permitted access at reasonable hours to a resident of a facility "with the resident's consent". Provides that every individual entering a facility as authorized under these provisions shall promptly notify the administrator or the administrator's designee of his or her presence and request access to those residents who have given consent. Places restrictions on access to a resident's immediate living area, and imposes other requirements with respect to access to residents. Provides that a resident may terminate a visit under these provisions at any time. Provides that if a legal guardian has been appointed for a resident by a probate court, any individual requesting personal, legal, financial, or medical information from the resident must have sought and received prior written approval from the guardian before seeking access to the resident and must present evidence of that approval to the administrator or the administrator's designee upon entering the facility. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 2-110 as follows:

(210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)

Sec. 2-110. (a) Any employee or agent of a public agency, any representative of a community legal services program or any other member of the general public shall be permitted access at reasonable hours to any individual resident of any facility, with the resident's consent, but only if there is neither a commercial purpose nor effect to such access and if the purpose is to do any of the following:

(1) Visit, talk with and make personal, social and legal services available to all residents;

(2) Inform residents of their rights and entitlements and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;

(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or

(4) Engage in other methods of asserting, advising and representing residents so as to extend to them full enjoyment of their rights.

Every individual, regardless of whether he or she is an employee or agent of a public agency, a representative of a community legal services program, or a member of the general public, entering a facility as authorized under this Section shall promptly notify the administrator or the administrator's designee of his or her presence and request access to those residents who have given consent to such access. Every visitor to whom this Section applies must, upon request, produce identification to establish his or her identity and the identity of the agency, program, or organization he or she represents, the purpose of his or her visit, and copies of all informational materials, including but not limited to applications for services for which interested residents will be asked to provide personal, legal, financial, or medical information.

No visitor may enter the immediate living area of any resident without first identifying himself or herself and then receiving permission to enter. The rights of other residents present in the room must be respected. This includes the requirement that a resident who has consented to an interview must be interviewed in another location if the other residents present in the room have denied consent to the interview taking place in that room.

A resident may terminate a visit under this Section at any time. Upon a resident's termination of a visit under this Section, the visitor must immediately leave the living area or alternative meeting area and notify the front desk that the visit has been terminated at the resident's request.

If a legal guardian has been appointed for a resident by a probate court, any individual, whether an employee or agent of a public agency, a representative of a community legal services program, or a member of the general public, requesting personal, legal, financial, or medical information from the resident must have sought and received prior written approval from the guardian before seeking access to the resident and must present evidence of that approval to the administrator or the administrator's designee upon entering the facility.

(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, or mandatory supervised release.

(b) All persons entering a facility under this Section shall promptly notify appropriate facility personnel of their presence. They shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any resident without first identifying himself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident may terminate at any time a visit by a person having access to the resident's living area under this Section.

(c) This Section shall not limit the power of the Department or other public agency otherwise permitted or required by law to enter and inspect a facility.

(d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for commercial purposes. Any person refused access to a facility may within 10 days request a hearing under Section 3-703. In that proceeding, the burden of proof as to the right of the facility to refuse access under this Section shall be on the facility.

(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)

Section 99. Effective date. This Act takes effect upon becoming law.