Rep. Naomi D. Jakobsson

Filed: 5/2/2014

 

 


 

 


 
09800SB0798ham001LRB098 05008 RPS 59009 a

1
AMENDMENT TO SENATE BILL 798

2    AMENDMENT NO. ______. Amend Senate Bill 798 on page 13,
3immediately below line 7, by inserting the following:
 
4    "Section 10. The Nursing Home Care Act is amended by
5changing Section 2-110 as follows:
 
6    (210 ILCS 45/2-110)  (from Ch. 111 1/2, par. 4152-110)
7    Sec. 2-110. (a) Any employee or agent of a public agency,
8any representative of a community legal services program or any
9other member of the general public shall be permitted access at
10reasonable hours to any individual resident of any facility,
11but only if there is neither a commercial purpose nor effect to
12such access and if the purpose is to do any of the following:
13        (1) Visit, talk with and make personal, social and
14    legal services available to all residents;
15        (2) Inform residents of their rights and entitlements
16    and their corresponding obligations, under federal and

 

 

09800SB0798ham001- 2 -LRB098 05008 RPS 59009 a

1    State laws, by means of educational materials and
2    discussions in groups and with individual residents;
3        (3) Assist residents in asserting their legal rights
4    regarding claims for public assistance, medical assistance
5    and social security benefits, as well as in all other
6    matters in which residents are aggrieved. Assistance may
7    include counseling and litigation; or
8        (4) Engage in other methods of asserting, advising and
9    representing residents so as to extend to them full
10    enjoyment of their rights.
11    (a-5) If a resident of a licensed facility is an identified
12offender, any federal, State, or local law enforcement officer
13or county probation officer shall be permitted reasonable
14access to the individual resident to verify compliance with the
15requirements of the Sex Offender Registration Act, to verify
16compliance with the requirements of Public Act 94-163 and this
17amendatory Act of the 94th General Assembly, or to verify
18compliance with applicable terms of probation, parole,
19aftercare release, or mandatory supervised release.
20    (b) All persons entering a facility under this Section
21shall promptly notify appropriate facility personnel of their
22presence. They shall, upon request, produce identification to
23establish their identity. No such person shall enter the
24immediate living area of any resident without first identifying
25himself and then receiving permission from the resident to
26enter. The rights of other residents present in the room shall

 

 

09800SB0798ham001- 3 -LRB098 05008 RPS 59009 a

1be respected. A resident may terminate at any time a visit by a
2person having access to the resident's living area under this
3Section.
4    (c) This Section shall not limit the power of the
5Department or other public agency, including, but not limited
6to, the State Long Term Care Ombudsman Program, otherwise
7permitted or required by federal or State law to enter and
8inspect a facility or communicate privately and without
9restriction with a resident who consents to the communication,
10regardless of the consent of, or withholding of consent by, a
11legal guardian or an agent named in a power of attorney
12executed by the resident.
13    (d) Notwithstanding paragraph (a) of this Section, the
14administrator of a facility may refuse access to the facility
15to any person if the presence of that person in the facility
16would be injurious to the health and safety of a resident or
17would threaten the security of the property of a resident or
18the facility, or if the person seeks access to the facility for
19commercial purposes. Any person refused access to a facility
20may within 10 days request a hearing under Section 3-703. In
21that proceeding, the burden of proof as to the right of the
22facility to refuse access under this Section shall be on the
23facility.
24(Source: P.A. 98-558, eff. 1-1-14.)".