SB0798 EnrolledLRB098 05008 KTG 35039 b

1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.04 as follows:
 
6    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
7    Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
8the Long Term Care Ombudsman Program is to ensure that older
9persons and persons with disabilities receive quality
10services. This is accomplished by providing advocacy services
11for residents of long term care facilities and participants
12receiving home care and community-based care. Managed care is
13increasingly becoming the vehicle for delivering health and
14long-term services and supports to seniors and persons with
15disabilities, including dual eligible participants. The
16additional ombudsman authority will allow advocacy services to
17be provided to Illinois participants for the first time and
18will produce a cost savings for the State of Illinois by
19supporting the rebalancing efforts of the Patient Protection
20and Affordable Care Act.
21    (a) Long Term Care Ombudsman Program. The Department shall
22establish a Long Term Care Ombudsman Program, through the
23Office of State Long Term Care Ombudsman ("the Office"), in

 

 

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1accordance with the provisions of the Older Americans Act of
21965, as now or hereafter amended. The Long Term Care Ombudsman
3Program is authorized, subject to sufficient appropriations,
4to advocate on behalf of older persons and persons with
5disabilities residing in their own homes or community-based
6settings, relating to matters which may adversely affect the
7health, safety, welfare, or rights of such individuals.
8    (b) Definitions. As used in this Section, unless the
9context requires otherwise:
10        (1) "Access" has the same meaning as in Section 1-104
11    of the Nursing Home Care Act, as now or hereafter amended;
12    that is, it means the right to:
13            (i) Enter any long term care facility or assisted
14        living or shared housing establishment or supportive
15        living facility;
16            (ii) Communicate privately and without restriction
17        with any resident, regardless of age, who consents to
18        the communication;
19            (iii) Seek consent to communicate privately and
20        without restriction with any participant or resident,
21        regardless of age;
22            (iv) Inspect the clinical and other records of a
23        participant or resident, regardless of age, with the
24        express written consent of the participant or
25        resident;
26            (v) Observe all areas of the long term care

 

 

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1        facility or supportive living facilities, assisted
2        living or shared housing establishment except the
3        living area of any resident who protests the
4        observation; and
5            (vi) Subject to permission of the participant or
6        resident requesting services or his or her
7        representative, enter a home or community-based
8        setting.
9        (2) "Long Term Care Facility" means (i) any facility as
10    defined by Section 1-113 of the Nursing Home Care Act, as
11    now or hereafter amended; and (ii) any skilled nursing
12    facility or a nursing facility which meets the requirements
13    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
14    (b), (c), and (d) of the Social Security Act, as now or
15    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
16    and 42 U.S.C. 1396r(a), (b), (c), and (d)); and any
17    facility as defined by Section 1-113 of the MR/DD Community
18    Care Act, as now or hereafter amended.
19        (2.5) "Assisted living establishment" and "shared
20    housing establishment" have the meanings given those terms
21    in Section 10 of the Assisted Living and Shared Housing
22    Act.
23        (2.7) "Supportive living facility" means a facility
24    established under Section 5-5.01a of the Illinois Public
25    Aid Code.
26        (2.8) "Community-based setting" means any place of

 

 

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1    abode other than an individual's private home.
2        (3) "State Long Term Care Ombudsman" means any person
3    employed by the Department to fulfill the requirements of
4    the Office of State Long Term Care Ombudsman as required
5    under the Older Americans Act of 1965, as now or hereafter
6    amended, and Departmental policy.
7        (3.1) "Ombudsman" means any designated representative
8    of the State Long Term Care Ombudsman Program; provided
9    that the representative, whether he is paid for or
10    volunteers his ombudsman services, shall be qualified and
11    designated by the Office to perform the duties of an
12    ombudsman as specified by the Department in rules and in
13    accordance with the provisions of the Older Americans Act
14    of 1965, as now or hereafter amended.
15        (4) "Participant" means an older person aged 60 or over
16    or an adult with a disability aged 18 through 59 who is or
17    persons with disabilities who are eligible for services
18    under any of the following:
19            (i) A medical assistance waiver administered by
20        the State.
21            (ii) A managed care organization providing care
22        coordination and other services to seniors and persons
23        with disabilities.
24        (5) "Resident" means an older person aged 60 or over or
25    an adult with a disability aged 18 through 59 individual
26    who resides in a long-term care facility.

 

 

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1    (c) Ombudsman; rules. The Office of State Long Term Care
2Ombudsman shall be composed of at least one full-time ombudsman
3and shall include a system of designated regional long term
4care ombudsman programs. Each regional program shall be
5designated by the State Long Term Care Ombudsman as a
6subdivision of the Office and any representative of a regional
7program shall be treated as a representative of the Office.
8    The Department, in consultation with the Office, shall
9promulgate administrative rules in accordance with the
10provisions of the Older Americans Act of 1965, as now or
11hereafter amended, to establish the responsibilities of the
12Department and the Office of State Long Term Care Ombudsman and
13the designated regional Ombudsman programs. The administrative
14rules shall include the responsibility of the Office and
15designated regional programs to investigate and resolve
16complaints made by or on behalf of residents of long term care
17facilities, supportive living facilities, and assisted living
18and shared housing establishments, and participants residing
19in their own homes or community-based settings, including the
20option to serve residents and participants under the age of 60,
21relating to actions, inaction, or decisions of providers, or
22their representatives, of such facilities and establishments,
23of public agencies, or of social services agencies, which may
24adversely affect the health, safety, welfare, or rights of such
25residents and participants. The Office and designated regional
26programs may represent all residents and participants, but are

 

 

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1not required by this Act to represent persons under 60 years of
2age, except to the extent required by federal law. When
3necessary and appropriate, representatives of the Office shall
4refer complaints to the appropriate regulatory State agency.
5The Department, in consultation with the Office, shall
6cooperate with the Department of Human Services and other State
7agencies in providing information and training to designated
8regional long term care ombudsman programs about the
9appropriate assessment and treatment (including information
10about appropriate supportive services, treatment options, and
11assessment of rehabilitation potential) of the participants
12they serve.
13    The State Long Term Care Ombudsman and all other ombudsmen,
14as defined in paragraph (3.1) of subsection (b) must submit to
15background checks under the Health Care Worker Background Check
16Act and receive training, as prescribed by the Illinois
17Department on Aging, before visiting facilities, private
18homes, or community-based settings. The training must include
19information specific to assisted living establishments,
20supportive living facilities, shared housing establishments,
21private homes, and community-based settings and to the rights
22of residents and participants guaranteed under the
23corresponding Acts and administrative rules.
24    (c-5) Consumer Choice Information Reports. The Office
25shall:
26        (1) In collaboration with the Attorney General, create

 

 

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1    a Consumer Choice Information Report form to be completed
2    by all licensed long term care facilities to aid
3    Illinoisans and their families in making informed choices
4    about long term care. The Office shall create a Consumer
5    Choice Information Report for each type of licensed long
6    term care facility. The Office shall collaborate with the
7    Attorney General and the Department of Human Services to
8    create a Consumer Choice Information Report form for
9    facilities licensed under the MR/DD Community Care Act.
10        (2) Develop a database of Consumer Choice Information
11    Reports completed by licensed long term care facilities
12    that includes information in the following consumer
13    categories:
14            (A) Medical Care, Services, and Treatment.
15            (B) Special Services and Amenities.
16            (C) Staffing.
17            (D) Facility Statistics and Resident Demographics.
18            (E) Ownership and Administration.
19            (F) Safety and Security.
20            (G) Meals and Nutrition.
21            (H) Rooms, Furnishings, and Equipment.
22            (I) Family, Volunteer, and Visitation Provisions.
23        (3) Make this information accessible to the public,
24    including on the Internet by means of a hyperlink labeled
25    "Resident's Right to Know" on the Office's World Wide Web
26    home page. Information about facilities licensed under the

 

 

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1    MR/DD Community Care Act shall be made accessible to the
2    public by the Department of Human Services, including on
3    the Internet by means of a hyperlink labeled "Resident's
4    and Families' Right to Know" on the Department of Human
5    Services' "For Customers" website.
6        (4) Have the authority, with the Attorney General, to
7    verify that information provided by a facility is accurate.
8        (5) Request a new report from any licensed facility
9    whenever it deems necessary.
10        (6) Include in the Office's Consumer Choice
11    Information Report for each type of licensed long term care
12    facility additional information on each licensed long term
13    care facility in the State of Illinois, including
14    information regarding each facility's compliance with the
15    relevant State and federal statutes, rules, and standards;
16    customer satisfaction surveys; and information generated
17    from quality measures developed by the Centers for Medicare
18    and Medicaid Services.
19    (d) Access and visitation rights.
20        (1) In accordance with subparagraphs (A) and (E) of
21    paragraph (3) of subsection (c) of Section 1819 and
22    subparagraphs (A) and (E) of paragraph (3) of subsection
23    (c) of Section 1919 of the Social Security Act, as now or
24    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
25    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
26    Older Americans Act of 1965, as now or hereafter amended

 

 

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1    (42 U.S.C. 3058f), a long term care facility, supportive
2    living facility, assisted living establishment, and shared
3    housing establishment must:
4            (i) permit immediate access to any resident,
5        regardless of age, by a designated ombudsman; and
6            (ii) permit representatives of the Office, with
7        the permission of the resident's legal representative
8        or legal guardian, to examine a resident's clinical and
9        other records, regardless of the age of the resident,
10        and if a resident is unable to consent to such review,
11        and has no legal guardian, permit representatives of
12        the Office appropriate access, as defined by the
13        Department, in consultation with the Office, in
14        administrative rules, to the resident's records; and .
15            (iii) permit a representative of the Program to
16        communicate privately and without restriction with any
17        participant who consents to the communication
18        regardless of the consent of, or withholding of consent
19        by, a legal guardian or an agent named in a power of
20        attorney executed by the participant.
21        (2) Each long term care facility, supportive living
22    facility, assisted living establishment, and shared
23    housing establishment shall display, in multiple,
24    conspicuous public places within the facility accessible
25    to both visitors and residents and in an easily readable
26    format, the address and phone number of the Office of the

 

 

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1    Long Term Care Ombudsman, in a manner prescribed by the
2    Office.
3    (e) Immunity. An ombudsman or any representative of the
4Office participating in the good faith performance of his or
5her official duties shall have immunity from any liability
6(civil, criminal or otherwise) in any proceedings (civil,
7criminal or otherwise) brought as a consequence of the
8performance of his official duties.
9    (f) Business offenses.
10        (1) No person shall:
11            (i) Intentionally prevent, interfere with, or
12        attempt to impede in any way any representative of the
13        Office in the performance of his official duties under
14        this Act and the Older Americans Act of 1965; or
15            (ii) Intentionally retaliate, discriminate
16        against, or effect reprisals against any long term care
17        facility resident or employee for contacting or
18        providing information to any representative of the
19        Office.
20        (2) A violation of this Section is a business offense,
21    punishable by a fine not to exceed $501.
22        (3) The State Long Term Care Ombudsman Director of
23    Aging, in consultation with the Office, shall notify the
24    State's Attorney of the county in which the long term care
25    facility, supportive living facility, or assisted living
26    or shared housing establishment is located, or the Attorney

 

 

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1    General, of any violations of this Section.
2    (g) Confidentiality of records and identities. The
3Department shall establish procedures for the disclosure by the
4State Ombudsman or the regional ombudsmen entities of files
5maintained by the program. The procedures shall provide that
6the files and records may be disclosed only at the discretion
7of the State Long Term Care Ombudsman or the person designated
8by the State Ombudsman to disclose the files and records, and
9the procedures shall prohibit the disclosure of the identity of
10any complainant, resident, participant, witness, or employee
11of a long term care provider unless:
12        (1) the complainant, resident, participant, witness,
13    or employee of a long term care provider or his or her
14    legal representative consents to the disclosure and the
15    consent is in writing;
16        (2) the complainant, resident, participant, witness,
17    or employee of a long term care provider gives consent
18    orally; and the consent is documented contemporaneously in
19    writing in accordance with such requirements as the
20    Department shall establish; or
21        (3) the disclosure is required by court order.
22    (h) Legal representation. The Attorney General shall
23provide legal representation to any representative of the
24Office against whom suit or other legal action is brought in
25connection with the performance of the representative's
26official duties, in accordance with the State Employee

 

 

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1Indemnification Act.
2    (i) Treatment by prayer and spiritual means. Nothing in
3this Act shall be construed to authorize or require the medical
4supervision, regulation or control of remedial care or
5treatment of any resident in a long term care facility operated
6exclusively by and for members or adherents of any church or
7religious denomination the tenets and practices of which
8include reliance solely upon spiritual means through prayer for
9healing.
10    (j) The Long Term Care Ombudsman Fund is created as a
11special fund in the State treasury to receive moneys for the
12express purposes of this Section. All interest earned on moneys
13in the fund shall be credited to the fund. Moneys contained in
14the fund shall be used to support the purposes of this Section.
15    (k) Each Regional Ombudsman may, in accordance with rules
16promulgated by the Office, establish a multi-disciplinary team
17to act in an advisory role for the purpose of providing
18professional knowledge and expertise in handling complex
19abuse, neglect, and advocacy issues involving participants.
20Each multi-disciplinary team may consist of one or more
21volunteer representatives from any combination of at least 7
22members from the following professions: banking or finance;
23disability care; health care; pharmacology; law; law
24enforcement; emergency responder; mental health care; clergy;
25coroner or medical examiner; substance abuse; domestic
26violence; sexual assault; or other related fields. To support

 

 

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1multi-disciplinary teams in this role, law enforcement
2agencies and coroners or medical examiners shall supply records
3as may be requested in particular cases. The Regional
4Ombudsman, or his or her designee, of the area in which the
5multi-disciplinary team is created shall be the facilitator of
6the multi-disciplinary team.
7(Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13.)
 
8    Section 10. The Nursing Home Care Act is amended by
9changing Section 2-110 as follows:
 
10    (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
11    Sec. 2-110. (a) Any employee or agent of a public agency,
12any representative of a community legal services program or any
13other member of the general public shall be permitted access at
14reasonable hours to any individual resident of any facility,
15but only if there is neither a commercial purpose nor effect to
16such access and if the purpose is to do any of the following:
17        (1) Visit, talk with and make personal, social and
18    legal services available to all residents;
19        (2) Inform residents of their rights and entitlements
20    and their corresponding obligations, under federal and
21    State laws, by means of educational materials and
22    discussions in groups and with individual residents;
23        (3) Assist residents in asserting their legal rights
24    regarding claims for public assistance, medical assistance

 

 

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1    and social security benefits, as well as in all other
2    matters in which residents are aggrieved. Assistance may
3    include counseling and litigation; or
4        (4) Engage in other methods of asserting, advising and
5    representing residents so as to extend to them full
6    enjoyment of their rights.
7    (a-5) If a resident of a licensed facility is an identified
8offender, any federal, State, or local law enforcement officer
9or county probation officer shall be permitted reasonable
10access to the individual resident to verify compliance with the
11requirements of the Sex Offender Registration Act, to verify
12compliance with the requirements of Public Act 94-163 and this
13amendatory Act of the 94th General Assembly, or to verify
14compliance with applicable terms of probation, parole,
15aftercare release, or mandatory supervised release.
16    (b) All persons entering a facility under this Section
17shall promptly notify appropriate facility personnel of their
18presence. They shall, upon request, produce identification to
19establish their identity. No such person shall enter the
20immediate living area of any resident without first identifying
21himself and then receiving permission from the resident to
22enter. The rights of other residents present in the room shall
23be respected. A resident may terminate at any time a visit by a
24person having access to the resident's living area under this
25Section.
26    (c) This Section shall not limit the power of the

 

 

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1Department or other public agency, including, but not limited
2to, the State Long Term Care Ombudsman Program, otherwise
3permitted or required by federal or State law to enter and
4inspect a facility or communicate privately and without
5restriction with a resident who consents to the communication,
6regardless of the consent of, or withholding of consent by, a
7legal guardian or an agent named in a power of attorney
8executed by the resident.
9    (d) Notwithstanding paragraph (a) of this Section, the
10administrator of a facility may refuse access to the facility
11to any person if the presence of that person in the facility
12would be injurious to the health and safety of a resident or
13would threaten the security of the property of a resident or
14the facility, or if the person seeks access to the facility for
15commercial purposes. Any person refused access to a facility
16may within 10 days request a hearing under Section 3-703. In
17that proceeding, the burden of proof as to the right of the
18facility to refuse access under this Section shall be on the
19facility.
20(Source: P.A. 98-558, eff. 1-1-14.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2015.