Illinois General Assembly - Full Text of SB0026
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Full Text of SB0026  98th General Assembly


Rep. Sara Feigenholtz

Filed: 5/23/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 26, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41 as follows:
5on page 4, by inserting immediately below line 8 the following:
6    ""Abuse" means any physical or mental injury or sexual
7assault inflicted on a consumer other than by accidental means
8in a facility."; and
9on page 6, line 19, after "triage", by inserting "center"; and
10on page 9, immediately below line 13, by inserting the
12    ""Identified offender" means a person who meets any of the
13following criteria:
14        (1) Has been convicted of, found guilty of, adjudicated
15    delinquent for, found not guilty by reason of insanity for,



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1    or found unfit to stand trial for, any felony offense
2    listed in Section 25 of the Health Care Worker Background
3    Check Act, except for the following:
4            (i) a felony offense described in Section 10-5 of
5        the Nurse Practice Act;
6            (ii) a felony offense described in Section 4, 5, 6,
7        8, or 17.02 of the Illinois Credit Card and Debit Card
8        Act;
9            (iii) a felony offense described in Section 5, 5.1,
10        5.2, 7, or 9 of the Cannabis Control Act;
11            (iv) a felony offense described in Section 401,
12        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
13        Controlled Substances Act; and
14            (v) a felony offense described in the
15        Methamphetamine Control and Community Protection Act.
16        (2) Has been convicted of, adjudicated delinquent for,
17    found not guilty by reason of insanity for, or found unfit
18    to stand trial for, any sex offense as defined in
19    subsection (c) of Section 10 of the Sex Offender Management
20    Board Act."; and
21on page 12, immediately below line 9, by inserting the
23    "Section 2-100. Rulemaking. The Department is empowered to
24promulgate any rules necessary to ensure proper implementation



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1and administration of this Act."; and
2on page 15, immediately below line 1, by inserting the
4    "Section 2-104. Screening prior to admission.
5    (a) A facility shall within 24 hours after admission,
6request a criminal history background check pursuant to the
7Uniform Conviction Information Act for all persons age 18 or
8older seeking admission to the facility, unless a background
9check was initiated by a hospital pursuant to subsection (d) of
10Section 6.09 of the Hospital Licensing Act. Background checks
11conducted pursuant to this Section shall be based on the
12consumer's name, date of birth, and other identifiers as
13required by the Department of State Police. If the results of
14the background check are inconclusive, the facility shall
15initiate a fingerprint-based check, unless the fingerprint
16check is waived by the Director of Public Health based on
17verification by the facility that the consumer meets criteria
18related to the consumer's health or lack of potential risk
19which may be established by Departmental rule. A waiver issued
20pursuant to this Section shall be valid only while the consumer
21is immobile or while the criteria supporting the waiver exist.
22The facility shall provide for or arrange for any required
23fingerprint-based checks to be taken on the premises of the
24facility. If a fingerprint-based check is required, the



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1facility shall arrange for it to be conducted in a manner that
2is respectful of the consumer's dignity and that minimizes any
3emotional or physical hardship to the consumer.
4    (b) If the results of a consumer's criminal history
5background check reveal that the consumer is an identified
6offender as defined in this Act, the facility shall do the
8        (1) Immediately notify the Department of State Police,
9    in the form and manner required by the Department of State
10    Police, in collaboration with the Department of Public
11    Health, that the consumer is an identified offender.
12        (2) Within 72 hours, arrange for a fingerprint-based
13    criminal history record inquiry to be requested on the
14    identified offender consumer. The inquiry shall be based on
15    the subject's name, sex, race, date of birth, fingerprint
16    images, and other identifiers required by the Department of
17    State Police. The inquiry shall be processed through the
18    files of the Department of State Police and the Federal
19    Bureau of Investigation to locate any criminal history
20    record information that may exist regarding the subject.
21    The Federal Bureau of Investigation shall furnish to the
22    Department of State Police, pursuant to an inquiry under
23    this paragraph (2), any criminal history record
24    information contained in its files.
25    Section 2-105. Criminal History Report.



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1    (a) The Department of State Police shall prepare a Criminal
2History Report when it receives information, through the
3criminal history background check required pursuant to
4subsection (d) of Section 6.09 of the Hospital Licensing Act or
5subsection (c) of Section 2-201.5 of the Nursing Home Care Act,
6or through any other means, that a consumer of a facility is an
7identified offender.
8    (b) The Department of State Police shall complete the
9Criminal History Report within 10 business days after receiving
10information under subsection (a) that a consumer is an
11identified offender.
12    (c) The Criminal History Report shall include, but not be
13limited to, the following:
14        (1) Copies of the identified offender's parole,
15    mandatory supervised release, or probation orders.
16        (2) An interview with the identified offender.
17        (3) A detailed summary of the entire criminal history
18    of the offender, including arrests, convictions, and the
19    date of the identified offender's last conviction relative
20    to the date of admission to a long-term care facility.
21        (4) If the identified offender is a convicted or
22    registered sex offender, a review of any and all sex
23    offender evaluations conducted on that offender. If there
24    is no sex offender evaluation available, the Department of
25    State Police shall arrange, through the Department of
26    Public Health, for a sex offender evaluation to be



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1    conducted on the identified offender. If the convicted or
2    registered sex offender is under supervision by the
3    Illinois Department of Corrections or a county probation
4    department, the sex offender evaluation shall be arranged
5    by and at the expense of the supervising agency. All
6    evaluations conducted on convicted or registered sex
7    offenders under this Act shall be conducted by sex offender
8    evaluators approved by the Sex Offender Management Board.
9    (d) The Department of State Police shall provide the
10Criminal History Report to a licensed forensic psychologist.
11After (i) consideration of the Criminal History Report, (ii)
12consultation with the facility administrator or the facility
13medical director, or both, regarding the mental and physical
14condition of the identified offender, and (iii) reviewing the
15facility's file on the identified offender, including all
16incident reports, all information regarding medication and
17medication compliance, and all information regarding previous
18discharges or transfers from other facilities, the licensed
19forensic psychologist shall prepare an Identified Offender
20Report and Recommendation. The Identified Offender Report and
21Recommendation shall detail whether and to what extent the
22identified offender's criminal history necessitates the
23implementation of security measures within the long-term care
24facility. If the identified offender is a convicted or
25registered sex offender or if the Identified Offender Report
26and Recommendation reveals that the identified offender poses a



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1significant risk of harm to others within the facility, the
2offender shall be required to have his or her own room within
3the facility.
4    (e) The licensed forensic psychologist shall complete the
5Identified Offender Report and Recommendation within 14
6business days after receiving the Criminal History Report and
7shall promptly provide the Identified Offender Report and
8Recommendation to the Department of State Police, which shall
9provide the Identified Offender Report and Recommendation to
10the following:
11        (1) The facility within which the identified offender
12    resides.
13        (2) The Chief of Police of the municipality in which
14    the facility is located.
15        (3) The State of Illinois Long Term Care Ombudsman.
16        (4) The Department of Public Health.
17    (e-5) The Department of Public Health shall keep a
18continuing record of all consumers determined to be identified
19offenders as defined in Section 1-114.01 of the Nursing Home
20Care Act and shall report the number of identified offender
21consumers annually to the General Assembly.
22    (f) The facility shall incorporate the Identified Offender
23Report and Recommendation into the identified offender's care
24plan created pursuant to 42 CFR 483.20.
25    (g) If, based on the Identified Offender Report and
26Recommendation, a facility determines that it cannot manage the



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1identified offender consumer safely within the facility, it
2shall commence involuntary transfer or discharge proceedings
3pursuant to Section 3-402.
4    (h) Except for willful and wanton misconduct, any person
5authorized to participate in the development of a Criminal
6History Report or Identified Offender Report and
7Recommendation is immune from criminal or civil liability for
8any acts or omissions as the result of his or her good faith
9effort to comply with this Section."; and
10on page 19, line 19, after "authorized", by inserting "under
11Illinois law"; and
12on page 20, line 2, by replacing the period with "to the
13Department within 24 hours. Facilities shall comply with
14Sections 3-610 and 3-810 of the Nursing Home Care Act. The
15provisions under Sections 3-610 and 3-810 of the Nursing Home
16Care Act shall apply to employees of facilities licensed under
17this Act."; and
18on page 20, line 4, by replacing "or crisis stabilization" with
19"centers"; and
20on page 20, line 13, by replacing "knock" with "reasonably
21announce their intent to enter"; and



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1on page 20, immediately below line 15, by inserting the
3    "Consumers shall be free to leave at any time. If a
4consumer in a triage center expresses a desire to contact a
5third party for any purpose, the facility staff shall contact
6that third party on behalf of the consumer."; and
7on page 21, line 6, by replacing "or crisis stabilization" with
8"centers"; and
9on page 22, line 12, after the period, by inserting "The
10Department shall by rule establish criteria, hearings, and
11procedures for involuntary discharge."; and
12on page 23, by inserting immediately below line 7 the
14    "Section 3-115. Informed consent; restraints. Informed
15consent shall be required for restraints consistent with the
16requirements contained in subsection (c) of Section 2-106 of
17the Nursing Home Care Act.
18    Section 3-116. Experimental research. No consumer shall be
19subjected to experimental research or treatment without first
20obtaining his or her informed, written consent. The conduct of
21any experimental research or treatment shall be authorized and



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1monitored by an institutional review board appointed by the
2executive director. The membership, operating procedures and
3review criteria for the institutional review board shall be
4prescribed under rules and regulations of the Department and
5shall comply with the requirements for institutional review
6boards established by the federal Food and Drug Administration.
7No person who has received compensation in the prior 3 years
8from an entity that manufactures, distributes, or sells
9pharmaceuticals, biologics, or medical devices may serve on the
10institutional review board.
11    No facility shall permit experimental research or
12treatment to be conducted on a consumer, or give access to any
13person or person's records for a retrospective study about the
14safety or efficacy of any care or treatment, without the prior
15written approval of the institutional review board. No
16executive director, or person licensed by the State to provide
17medical care or treatment to any person, may assist or
18participate in any experimental research on or treatment of a
19consumer, including a retrospective study, that does not have
20the prior written approval of the board. Such conduct shall be
21grounds for professional discipline by the Department of
22Financial and Professional Regulation.
23    The institutional review board may exempt from ongoing
24review research or treatment initiated on a consumer before the
25individual's admission to a facility and for which the board
26determines there is adequate ongoing oversight by another



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1institutional review board. Nothing in this Section shall
2prevent a facility, any facility employee, or any other person
3from assisting or participating in any experimental research on
4or treatment of a consumer, if the research or treatment began
5before the person's admission to a facility, until the board
6has reviewed the research or treatment and decided to grant or
7deny approval or to exempt the research or treatment from
8ongoing review."; and
9on page 23, line 15, by replacing "units" with "centers"; and
10on page 30, line 12, by replacing "units" with "centers"; and
11on page 30, line 24, after "triage", by inserting "centers";
13on page 31, line 7, after "checks", by inserting ", consistent
14with Section 1-114.01, subsections (b) and (c) of Section
152-201.5, and Section 2-201.6 of the Nursing Home Care Act"; and
16on page 31, line 16, after "check", by inserting ", consistent
17with the Health Care Worker Background Check Act"; and
18on page 33, line 14 by inserting after "Act" the following:
19"and the rules promulgated under this Act. The Department shall
20have access to and may reproduce or photocopy any books,



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1records, and other documents maintained by the facility to the
2extent necessary to carry out this Act and the rules
3promulgated under this Act. The Department shall not divulge or
4disclose the contents of a record under this Section as
5otherwise prohibited by this Act. Any holder of a license or
6applicant for a license shall be deemed to have given consent
7to any authorized officer, employee, or agent of the Department
8to enter and inspect the facility in accordance with this
9Article. Refusal to permit such entry or inspection shall
10constitute grounds for denial, suspension, or revocation of a
11license under this Act"; and
12on page 33, line 15, by deleting "scheduled"; and
13on page 33, line 16, by deleting "unscheduled"; and
14on page 34, by replacing lines 2 and 3 with the following:
15    "(a) The Department may revoke a license for any failure to
16substantially comply with this Act and the rules promulgated
17under this Act, including, but not limited to, the following:";
19on page 34, line 5, by replacing "or" with "and"; and
20on page 35, line 3, by replacing "the standards of this" with
21"this Act and the rules promulgated under this Act."; and



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1on page 35, by deleting line 4; and
2on page 35, line 5, by replacing "the standards" with "this Act
3and the rules promulgated under this Act"; and
4on page 35, line 8, by replacing "the standards" with "this Act
5and the rules promulgated under this Act"; and
6on page 35, line 11, by replacing "the standards" with "this
7Act and the rules promulgated under this Act"; and
8on page 35, lines 15 and 16, by replacing "the standards. The
9agency" with "this Act and the rules promulgated under this
10Act. The facility"; and
11on page 36, line 7, by replacing "Part" with "Act or the rules
12promulgated under this Act"; and
13on page 36, line 8, by replacing "agency" with "facility"; and
14on page 36, line 17, by replacing "Part" with "Act or the rules
15promulgated under this Act"; and
16on page 36, line 18, by replacing "standards" with "this Act
17and the rules promulgated under this Act"; and



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1on page 36, line 22, by replacing "agency" with "facility"; and
2on page 36, line 23, by replacing "agency" with "facility"; and
3on page 37, line 10, by replacing "agency" with "facility"; and
4on page 37, line 11, by replacing "agency" with "facility"; and
5on page 39, by inserting immediately below line 1 the
7    "Section 4-111. Notwithstanding the existence or pursuit
8of any other remedy, the Director of the Department may, in the
9manner provided by law, upon the advice of the Attorney General
10who shall represent the Director of the Department in the
11proceedings, maintain an action in the name of the State for
12injunction or other process against any person or governmental
13unit to restrain or prevent the establishment of a facility
14without a license issued pursuant to this Act, or to restrain
15or prevent the opening, conduction, operating, or maintaining
16of a facility without a license issued pursuant to this Act. In
17addition, the Director of the Department may, in the manner
18provided by law, in the name of the People of the State and
19through the Attorney General who shall represent the Director
20of the Department in the proceedings, maintain an action for



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1injunction or other relief or process against any licensee or
2other person to enforce and compel compliance with the
3provisions of this Act and the standards, rules, and
4regulations established by virtue of this Act and any order
5entered for any response action pursuant to this Act and such
6standards, rules, and regulations."; and
7by deleting lines 7 through 23 of page 490, all of pages 491
8through 538, and lines 1 through 20 of page 539; and
9on page 544, line 26, after "research", by inserting "and
10education"; and
11on page 545, line 17, after "research", by inserting "and
12education"; and
13on page 548, by deleting lines 8 and 9; and
14on page 578, line 24 by replacing "resident" with "residents";
16on page 582, line 12 by inserting before "Transition" the
18"For dates of services beginning January 1, 2014, the RUG-IV
19nursing component per diem for a nursing home shall be the
20product of the statewide RUG-IV nursing base per diem rate, the



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1facility average case mix index, and the regional wage
2adjustor."; and
3on page 582, line 15 by replacing "subsection (d-1)" with "this
4subsection (e-2)"; and
5on page 582, line 25 by replacing "subsection (d-1)" with "this
6subsection (e-2)"; and
7on page 584, line 21, after "triage" by inserting "center"; and
8on page 585, by inserting immediately below line 13 the
10    "Section 11-45. The Illinois Public Aid Code is amended by
11adding Section 5-5.4h as follows:
12    (305 ILCS 5/5-5.4h new)
13    Sec. 5-5.4h. Medicaid reimbursement for pediatric skilled
14nursing facilities.
15    (a) Facilities uniquely licensed as pediatric skilled
16nursing facilities that serve severely and chronically ill
17pediatric patients shall have a specific reimbursement system
18designed to recognize the characteristics and needs of the
19patients they serve.
20    (b) For dates of services starting July 1, 2013 and until a



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1new reimbursement system is designed, pediatric skilled
2nursing facilities that meet the following criteria:
3        (1) serve exceptional care patients; and
4        (2) have 30% or more of their patients receiving
5    ventilator care;
6shall receive Medicaid reimbursement on a 30-day expedited
7schedule."; and
8on page 596, line 11, by replacing "60" with "75"; and
9on page 597, by replacing lines 1 through 3 with the following:
10    "the portions of the health and life safety survey
11    associated with federal certification and State licensure
12    surveys must be started within 7 working days of each
13    other. Nothing in this paragraph (1) of subsection (f) of
14    this Section applies to a complaint investigation."; and
15on page 597, line 4, after "complaint", by inserting "and
16incident report"; and
17on page 597, by replacing lines 5 and 6 with the following:
18"shall permit the facility to challenge the amount of the fine
19due to the excessive length of"; and
20on page 597, immediately below line 15, by inserting the



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2        "This paragraph (2) does not apply to complaint
3    investigations exited within 14 working days or a situation
4    that triggers an extended survey."; and
5on page 624, line 8, after "occurred,", by inserting "and the
6facility in which the applicant resides is notified,"; and
7on page 625, line 5, by replacing "2014" with "2013"; and
8on page 625, line 6, by replacing "2015" with "2014".