State of Illinois
91st General Assembly

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 1        AN ACT regarding nursing homes.

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

 4        Section  5.   The  Nursing  Home  Care  Act is amended by
 5    changing Section 3-610 and adding Sections  2-204.1,  2-204.2
 6    and 3-304.1 as follows:

 7        (210 ILCS 45/2-204.1 new)
 8        Sec.   2-204.1.    Nursing  homes;  Departmental  review;
 9    patients with a mental illness.
10        (a)  The  Department  shall  review  all   nursing   home
11    residents   with   a   mental   illness   to   determine  the
12    appropriateness of placement, the adequacy of  treatment  and
13    oversight, and the safety of other residents.
14        (b)  The Department shall review the staffing policies of
15    all  nursing  homes  to ensure that all nursing homes have an
16    adequate number of staff  with  the  appropriate  specialized
17    training needed to care for mentally ill patients.

18        (210 ILCS 45/2-204.2 new)
19        Sec.  2-204.2.   Notification  of acceptance of residents
20    with a mental illness; separation of residents.
21        (a)  A facility must inform residents and their immediate
22    families whether its  policy  is  to  accept  residents  with
23    mental illness.
24        (b)  Residents  with  a mental illness shall be separated
25    from other residents of the facility.  These residents  shall
26    have  a  staff  with  specialized training attending to their
27    needs.

28        (210 ILCS 45/3-304.1 new)
29        Sec.  3-304.1.   Departmental  review;  penalties.    The
                            -2-                LRB9103384ACtm
 1    Department   shall   review   its   current   licensing   and
 2    certification  policies  for  nursing homes and its penalties
 3    for violation to deter facilities from repeated violation  of
 4    licensure and certification requirements.

 5        (210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)
 6        Sec. 3-610.  Reporting requirement.
 7        (a)  A  facility  employee  or agent who becomes aware of
 8    abuse or neglect of a resident prohibited  by  Section  2-107
 9    shall  immediately report the matter to the Department and to
10    the facility administrator.   A  facility  administrator  who
11    becomes aware of abuse or neglect of a resident prohibited by
12    Section   2-107   shall  immediately  report  the  matter  by
13    telephone and in writing to  the  resident's  representative,
14    and  to the Department.  Any person may report a violation of
15    Section 2-107 to the Department.
16        (b)  The Department  shall,  without  appreciable  delay,
17    discipline  facility employees, agents, or administrators for
18    a violation of subsection (a).
19    (Source: P.A. 82-120.)

20        Section  10.   The  Mental   Health   and   Developmental
21    Disabilities  Code  is  amended  by  adding  Section 3-911 as
22    follows:

23        (405 ILCS 45/3-911 new)
24        Sec. 3-911.  The Department shall review its policies and
25    procedures and the policies and procedures of the  Department
26    of  Public  Health  and  the  Department  of  Public  Aid  to
27    determine  the  adequacy of patient assessments and treatment
28    plans that include nursing home placements.   The  Department
29    may   impose   a  moratorium  on  discharges  of  appropriate
30    residents from mental health facilities operated by the State
31    or a political subdivision thereof pending the review.

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