Full Text of HB6423 96th General Assembly
HB6423ham001 96TH GENERAL ASSEMBLY
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Rep. Harry Osterman
Filed: 3/17/2010
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LRB096 21051 KTG 39161 a |
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| AMENDMENT TO HOUSE BILL 6423
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| AMENDMENT NO. ______. Amend House Bill 6423 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Identification Act is amended by | 5 |
| adding Section 15 as follows: | 6 |
| (20 ILCS 2630/15 new) | 7 |
| Sec. 15. Notification of outstanding warrant. If the | 8 |
| existence of an outstanding arrest warrant is identified by the | 9 |
| Department in connection with the criminal history background | 10 |
| checks conducted pursuant to subsection (b) of Section 2-201.5 | 11 |
| of the Nursing Home Care Act, the Department shall notify the | 12 |
| issuing jurisdiction of the following: (i) the existence of the | 13 |
| warrant and (ii) the name, address, and telephone number of the | 14 |
| licensed long term care facility in which the wanted person | 15 |
| resides. |
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| Section 10. The Nursing Home Care Act is amended by | 2 |
| changing Sections 1-114.01 and by adding Section 3-808 as | 3 |
| follows: | 4 |
| (210 ILCS 45/1-114.01)
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| Sec. 1-114.01. Identified offender. "Identified offender" | 6 |
| means a person who has been convicted of any felony or | 7 |
| misdemeanor offense listed in Section 25 of the Health Care | 8 |
| Worker Background Check Act , is a registered sex offender, or | 9 |
| has an outstanding arrest warrant is serving a term of parole, | 10 |
| mandatory supervised release, or probation for a felony | 11 |
| offense .
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| (Source: P.A. 94-163, eff. 7-11-05.) | 13 |
| (210 ILCS 45/3-808 new) | 14 |
| Sec. 3-808. Nursing home fraud, abuse, and neglect | 15 |
| prevention and reporting. | 16 |
| (a) Every licensed long term care facility that receives | 17 |
| Medicaid funding shall prominently display in its lobby, in its | 18 |
| dining areas, and on each floor of the facility information | 19 |
| approved by the Illinois Medicaid Fraud Control Unit on how to | 20 |
| report fraud, abuse, and neglect. In addition, information | 21 |
| regarding the reporting of fraud, abuse, and neglect shall be | 22 |
| provided to each resident at the time of admission and to the | 23 |
| resident's family members or emergency contacts, or to both the |
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| resident's family members and his or her emergency contacts. | 2 |
| (b) Any owner or licensee of a long term care facility who | 3 |
| furnishes or fails to furnish goods or services to a resident | 4 |
| that, when based upon competent medical judgment and evaluation | 5 |
| within accepted standards of care, are determined to be harmful | 6 |
| to the resident or are of grossly inferior quality, is guilty | 7 |
| of a Class 4 felony. | 8 |
| (c) Any owner or licensee of a long term care facility | 9 |
| licensed under the this Act shall be responsible for the | 10 |
| collection and maintenance of any and all records required to | 11 |
| be maintained under this Section and any other applicable | 12 |
| provisions of this Act, and as a provider under the Illinois | 13 |
| Public Aid Code, and shall be responsible for compliance with | 14 |
| all of the disclosure requirements under this Section. All | 15 |
| books and records and other papers and documents that are | 16 |
| required to be kept, and all records showing compliance with | 17 |
| all of the disclosure requirements to be made pursuant to this | 18 |
| Section, shall be kept at the facility and shall, at all times | 19 |
| during business hours, be subject to inspection by any law | 20 |
| enforcement or health oversight agency or its duly authorized | 21 |
| agents or employees. | 22 |
| (d) Any report of abuse and neglect of residents made by | 23 |
| any individual in whatever manner, including, but not limited | 24 |
| to, reports made under Sections 2-107 and 3-610 of this Act, or | 25 |
| as provided under the Abused and Neglected Long Term Care | 26 |
| Facility Residents Reporting Act, that is made to an |
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| administrator, a director of nursing, or any other person with | 2 |
| management responsibility at a long term care facility must be | 3 |
| disclosed to the owners and licensee of the facility within 24 | 4 |
| hours of the report. The owners and licensee of a long term | 5 |
| care facility shall maintain all records necessary to show | 6 |
| compliance with this disclosure requirement. | 7 |
| (e) Any person with an ownership interest in a long term | 8 |
| care facility licensed by the Department must, within 30 days | 9 |
| of the effective date of this amendatory Act of the 96th | 10 |
| General Assembly, disclose the existence of any ownership | 11 |
| interest in any vendor who does business with the facility. The | 12 |
| disclosures required by this subsection shall be made in the | 13 |
| form and manner prescribed by the Department. Licensed long | 14 |
| term care facilities who receive Medicaid funding shall submit | 15 |
| a copy of the disclosures required by this subsection to the | 16 |
| Illinois Medicaid Fraud Control Unit. The owners and licensee | 17 |
| of a long term care facility shall maintain all records | 18 |
| necessary to show compliance with this disclosure requirement. | 19 |
| (f) Notwithstanding the provisions of Section 3-318 of this | 20 |
| Act, and in addition thereto, any person, owner, or licensee | 21 |
| who fails to keep and maintain, or fails to produce for | 22 |
| inspection, books and records, or fails to make the disclosures | 23 |
| required by this Section, is guilty of a Class A misdemeanor. A | 24 |
| second or subsequent violation of this Section shall be | 25 |
| punishable as a Class 4 felony. | 26 |
| (g) Any owner or licensee who files or causes to be filed a |
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| document with false information with the Department, the | 2 |
| Department of Healthcare and Family Services, or the Illinois | 3 |
| Medicaid Fraud Control Unit or any other law enforcement | 4 |
| agency, or who makes a false statement or representation to the | 5 |
| Illinois Medicaid Fraud Control Unit or any law enforcement | 6 |
| agency, is guilty of a Class 4 felony. | 7 |
| Section 15. The Criminal Code of 1961 is amended by | 8 |
| changing Section 12-19 as follows:
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| (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
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| (Text of Section before amendment by P.A. 96-339 )
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| Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
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| Facility Resident. | 13 |
| (a) Any person or any owner or licensee of a long term care | 14 |
| facility who
abuses a long term care facility resident is | 15 |
| guilty of a Class 3 felony.
Any person or any owner or licensee | 16 |
| of a long term care facility who
criminally
neglects a long | 17 |
| term care facility resident is guilty of a Class 4 felony.
A | 18 |
| person whose
criminal neglect of a long term care facility | 19 |
| resident results in the
resident's death is
guilty of a Class 3 | 20 |
| felony. However, nothing herein shall be deemed to
apply to
a | 21 |
| physician licensed to practice medicine in all its branches or | 22 |
| a duly
licensed nurse providing care within the scope of his or | 23 |
| her professional
judgment and within the accepted standards of | 24 |
| care within the community. Notwithstanding the provisions of |
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| Section 5-4 of this Code, any owner or licensee of a long term | 2 |
| care facility, whether an individual, public or private | 3 |
| corporation, limited liability company, partnership, | 4 |
| unincorporated association, or any other entity doing business | 5 |
| in this State, may be prosecuted under this Section if the | 6 |
| conduct giving rise to the offense is performed by any agent of | 7 |
| the owner or licensee. It shall not be a defense to this | 8 |
| Section if the owner or licensee acted with organizational | 9 |
| indifference.
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| (b) Notwithstanding the penalties in subsections (a) and | 11 |
| (c) and in
addition thereto, if a licensee or owner of a long | 12 |
| term care facility or
his or her employee has caused neglect of | 13 |
| a resident, the licensee or owner
is guilty of a petty offense. | 14 |
| An owner or licensee is guilty under this
subsection (b) only | 15 |
| if the owner or licensee failed to exercise reasonable
care in | 16 |
| the hiring, training, supervising or providing of staff or | 17 |
| other
related routine administrative responsibilities.
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| (c) (Blank) Notwithstanding the penalties in subsections | 19 |
| (a) and (b) and in
addition thereto, if a licensee or owner of | 20 |
| a long term care facility or
his or her employee has caused | 21 |
| gross neglect of a resident, the licensee or
owner is guilty of | 22 |
| a business offense for which a fine of not more than
$10,000 | 23 |
| may be imposed. An owner or licensee is guilty under this
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| subsection (c) only if the owner or licensee failed to exercise | 25 |
| reasonable
care in the hiring, training, supervising or | 26 |
| providing of staff or other
related routine administrative |
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| responsibilities .
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| (d) For the purpose of this Section:
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| (1) "Abuse" means intentionally or knowingly causing | 4 |
| any physical or
mental injury or committing any sexual | 5 |
| offense set forth in this Code.
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| (2) "Criminal neglect" means an act whereby a person | 7 |
| recklessly (i)
performs acts that cause an elderly person's | 8 |
| or person with a disability's life
to be
endangered, health | 9 |
| to be injured, or pre-existing physical or mental condition
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| to
deteriorate or creates the substantial likelihood of | 11 |
| injury or deterioration , or (ii) fails to perform acts that | 12 |
| he or she knows or reasonably
should
know are necessary to | 13 |
| maintain or preserve the life or health of an elderly
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| person
or person with a disability, and that failure causes | 15 |
| the elderly person's or
person
with a disability's life to | 16 |
| be endangered, health to be injured, or
pre-existing
| 17 |
| physical or mental condition to deteriorate or creates the | 18 |
| substantial likelihood of injury or deterioration , or | 19 |
| (iii) abandons an elderly
person
or person with a | 20 |
| disability.
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| (3) "Neglect" means negligently failing to provide | 22 |
| adequate medical
or personal care or maintenance, which | 23 |
| failure results in physical or mental
injury or the | 24 |
| deterioration of a physical or mental condition.
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| (4) "Resident" means a person residing in a long term | 26 |
| care facility.
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| (5) "Owner" means the person who owns a long term care | 2 |
| facility as
provided under the Nursing Home Care Act or an | 3 |
| assisted living or shared
housing establishment under the | 4 |
| Assisted Living and Shared Housing Act.
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| (6) "Licensee" means the individual or entity licensed | 6 |
| to operate a
facility under the Nursing Home Care Act or | 7 |
| the Assisted Living and Shared
Housing Act.
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| (7) "Facility" or "long term care facility" means a | 9 |
| private home,
institution, building, residence, or any | 10 |
| other place, whether operated for
profit or not, or a | 11 |
| county home for the infirm and chronically ill operated
| 12 |
| pursuant to Division 5-21 or 5-22 of the Counties Code, or | 13 |
| any similar
institution operated by
the State of Illinois | 14 |
| or a political subdivision thereof, which provides,
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| through its ownership or management, personal care, | 16 |
| sheltered care or
nursing for 3 or more persons not related | 17 |
| to the owner by blood or
marriage. The term also includes | 18 |
| skilled nursing facilities and
intermediate care | 19 |
| facilities as defined in Title XVIII and Title XIX of the
| 20 |
| federal Social Security Act and assisted living | 21 |
| establishments and shared
housing establishments licensed | 22 |
| under the Assisted Living and Shared Housing
Act.
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| (8) "Organizational indifference" means that an owner | 24 |
| or licensee failed to exercise reasonable care in the | 25 |
| hiring, training, supervising, or providing of staff or | 26 |
| other related routine health care responsibilities. |
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LRB096 21051 KTG 39161 a |
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| (e) Nothing contained in this Section shall be deemed to | 2 |
| apply to the
medical supervision, regulation or control of the | 3 |
| remedial care or
treatment of residents in a facility conducted | 4 |
| for those who rely upon
treatment by prayer or spiritual means | 5 |
| in accordance with the creed or
tenets of any well recognized | 6 |
| church or religious denomination and which
is licensed in | 7 |
| accordance with Section 3-803 of the Nursing Home Care Act.
| 8 |
| (Source: P.A. 93-301, eff. 1-1-04.)
| 9 |
| (Text of Section after amendment by P.A. 96-339 )
| 10 |
| Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
| 11 |
| Facility Resident. | 12 |
| (a) Any person or any owner or licensee of a long term care | 13 |
| facility who
abuses a long term care facility resident is | 14 |
| guilty of a Class 3 felony.
Any person or any owner or licensee | 15 |
| of a long term care facility who
criminally
neglects a long | 16 |
| term care facility resident is guilty of a Class 4 felony.
A | 17 |
| person whose
criminal neglect of a long term care facility | 18 |
| resident results in the
resident's death is
guilty of a Class 3 | 19 |
| felony. However, nothing herein shall be deemed to
apply to
a | 20 |
| physician licensed to practice medicine in all its branches or | 21 |
| a duly
licensed nurse providing care within the scope of his or | 22 |
| her professional
judgment and within the accepted standards of | 23 |
| care within the community. Notwithstanding the provisions of | 24 |
| Section 5-4 of this Code, any owner or licensee of a long term | 25 |
| care facility, whether an individual, public or private |
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09600HB6423ham001 |
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LRB096 21051 KTG 39161 a |
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| 1 |
| corporation, limited liability company, partnership, | 2 |
| unincorporated association, or any other entity doing business | 3 |
| in this State, may be prosecuted under this Section if the | 4 |
| conduct giving rise to the offense is performed by any agent of | 5 |
| the owner or licensee. It shall not be a defense to this | 6 |
| Section if the owner or licensee acted with organizational | 7 |
| indifference.
| 8 |
| (b) Notwithstanding the penalties in subsections (a) and | 9 |
| (c) and in
addition thereto, if a licensee or owner of a long | 10 |
| term care facility or
his or her employee has caused neglect of | 11 |
| a resident, the licensee or owner
is guilty of a petty offense. | 12 |
| An owner or licensee is guilty under this
subsection (b) only | 13 |
| if the owner or licensee failed to exercise reasonable
care in | 14 |
| the hiring, training, supervising or providing of staff or | 15 |
| other
related routine administrative responsibilities.
| 16 |
| (c) (Blank) Notwithstanding the penalties in subsections | 17 |
| (a) and (b) and in
addition thereto, if a licensee or owner of | 18 |
| a long term care facility or
his or her employee has caused | 19 |
| gross neglect of a resident, the licensee or
owner is guilty of | 20 |
| a business offense for which a fine of not more than
$10,000 | 21 |
| may be imposed. An owner or licensee is guilty under this
| 22 |
| subsection (c) only if the owner or licensee failed to exercise | 23 |
| reasonable
care in the hiring, training, supervising or | 24 |
| providing of staff or other
related routine administrative | 25 |
| responsibilities .
| 26 |
| (d) For the purpose of this Section:
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LRB096 21051 KTG 39161 a |
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| 1 |
| (1) "Abuse" means intentionally or knowingly causing | 2 |
| any physical or
mental injury or committing any sexual | 3 |
| offense set forth in this Code.
| 4 |
| (2) "Criminal neglect" means an act whereby a person | 5 |
| recklessly (i)
performs acts that cause an elderly person's | 6 |
| or person with a disability's life
to be
endangered, health | 7 |
| to be injured, or pre-existing physical or mental condition
| 8 |
| to
deteriorate or creates the substantial likelihood of | 9 |
| injury or deterioration , or (ii) fails to perform acts that | 10 |
| he or she knows or reasonably
should
know are necessary to | 11 |
| maintain or preserve the life or health of an elderly
| 12 |
| person
or person with a disability, and that failure causes | 13 |
| the elderly person's or
person
with a disability's life to | 14 |
| be endangered, health to be injured, or
pre-existing
| 15 |
| physical or mental condition to deteriorate or creates the | 16 |
| substantial likelihood of injury or deterioration , or | 17 |
| (iii) abandons an elderly
person
or person with a | 18 |
| disability.
| 19 |
| (3) "Neglect" means negligently failing to provide | 20 |
| adequate medical
or personal care or maintenance, which | 21 |
| failure results in physical or mental
injury or the | 22 |
| deterioration of a physical or mental condition.
| 23 |
| (4) "Resident" means a person residing in a long term | 24 |
| care facility.
| 25 |
| (5) "Owner" means the person who owns a long term care | 26 |
| facility as
provided under the Nursing Home Care Act, a |
|
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09600HB6423ham001 |
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LRB096 21051 KTG 39161 a |
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| facility as provided under the MR/DD Community Care Act, or | 2 |
| an assisted living or shared
housing establishment under | 3 |
| the Assisted Living and Shared Housing Act.
| 4 |
| (6) "Licensee" means the individual or entity licensed | 5 |
| to operate a
facility under the Nursing Home Care Act, the | 6 |
| MR/DD Community Care Act, or the Assisted Living and Shared
| 7 |
| Housing Act.
| 8 |
| (7) "Facility" or "long term care facility" means a | 9 |
| private home,
institution, building, residence, or any | 10 |
| other place, whether operated for
profit or not, or a | 11 |
| county home for the infirm and chronically ill operated
| 12 |
| pursuant to Division 5-21 or 5-22 of the Counties Code, or | 13 |
| any similar
institution operated by
the State of Illinois | 14 |
| or a political subdivision thereof, which provides,
| 15 |
| through its ownership or management, personal care, | 16 |
| sheltered care or
nursing for 3 or more persons not related | 17 |
| to the owner by blood or
marriage. The term also includes | 18 |
| skilled nursing facilities and
intermediate care | 19 |
| facilities as defined in Title XVIII and Title XIX of the
| 20 |
| federal Social Security Act and assisted living | 21 |
| establishments and shared
housing establishments licensed | 22 |
| under the Assisted Living and Shared Housing
Act.
| 23 |
| (8) "Organizational indifference" means that an owner | 24 |
| or licensee failed to exercise reasonable care in the | 25 |
| hiring, training, supervising, or providing of staff or | 26 |
| other related routine health care responsibilities. |
|
|
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09600HB6423ham001 |
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LRB096 21051 KTG 39161 a |
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| (e) Nothing contained in this Section shall be deemed to | 2 |
| apply to the
medical supervision, regulation or control of the | 3 |
| remedial care or
treatment of residents in a facility conducted | 4 |
| for those who rely upon
treatment by prayer or spiritual means | 5 |
| in accordance with the creed or
tenets of any well recognized | 6 |
| church or religious denomination and which
is licensed in | 7 |
| accordance with Section 3-803 of the Nursing Home Care Act or | 8 |
| Section 3-803 of the MR/DD Community Care Act.
| 9 |
| (Source: P.A. 96-339, eff. 7-1-10.)
| 10 |
| Section 95. No acceleration or delay. Where this Act makes | 11 |
| changes in a statute that is represented in this Act by text | 12 |
| that is not yet or no longer in effect (for example, a Section | 13 |
| represented by multiple versions), the use of that text does | 14 |
| not accelerate or delay the taking effect of (i) the changes | 15 |
| made by this Act or (ii) provisions derived from any other | 16 |
| Public Act. | 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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