HB5633ham001 97TH GENERAL ASSEMBLY

Rep. Kent Gaffney

Filed: 3/2/2012

09700HB5633ham001 LRB097 17001 CEL 67080 a

AMENDMENT TO HOUSE BILL 5633

AMENDMENT NO. ______. Amend House Bill 5633 by replacing everything after the enacting clause with the following:

"Section 5. The Nursing Home Care Act is amended by changing Section 2-110 as follows:

(210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)

Sec. 2-110. (a) Any employee or agent of a public agency, any representative of a community legal services program or any other member of the general public shall be permitted access at reasonable hours to any individual resident of any facility, with the resident's consent, but only if there is neither a commercial purpose nor effect to such access and if the purpose is to do any of the following:

(1) Visit, talk with and make personal, social and legal services available to all residents;

(2) Inform residents of their rights and entitlements and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;

(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or

(4) Engage in other methods of asserting, advising and representing residents so as to extend to them full enjoyment of their rights.

Every individual, regardless of whether he or she is an employee or agent of a public agency, a representative of a community legal services program, or a member of the general public, entering a facility as authorized under this Section shall promptly notify the administrator or his or her designee of their presence and request access to those residents who have given consent to such access. Every visitor to whom this Section applies shall, upon request, produce identification to establish his or her identity and the identity of the agency, program, or organization he or she represents and the purpose of his or her visit.

For the purpose of ensuring that the nature of the visit is not for a commercial purpose or effect and to protect the residents of the facility from unwanted solicitations, potential financial exploitation, and abuse, including identity theft scams, all individuals, upon request, shall provide copies of all informational materials, including, but not limited to, applications for services for which interested residents may be asked to provide personal, legal, financial, or medical information. Employees or agents of a public agency, an attorney with an existing relationship with a resident or who is acting at the behest of the courts, or an invited guest of a resident shall be exempted from providing copies of informational material to the administrator or his or her designee.

No individual shall enter the immediate living area of any resident without first identifying himself or herself and then shall receive permission to enter. The rights of other residents present in the room must be respected. This includes the requirement that a resident who has consented to an interview must be interviewed in another location if the other residents present in the room have denied consent to the interview taking place in that room.

A resident may terminate a visit under this Section at any time. Upon a resident's termination of a visit under this Section, the visitor must immediately leave the living area or alternative meeting area and notify the front desk that the visit has been terminated at the resident's request.

If a legal guardian has been appointed for a resident by a probate court, any individual, whether an employee or agent of a public agency, a representative of a community legal services program, or a member of the general public, requesting personal, legal, financial, or medical information from the resident must have sought and received prior written approval from the guardian before seeking access to the resident and must present evidence of that approval to the administrator or the administrator's designee upon entering the facility.

Nothing in this subsection shall be interpreted to impede access to a resident with the express purpose of assisting the resident in transitioning to another care setting.

(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, or mandatory supervised release.

(b) All persons entering a facility under this Section shall promptly notify appropriate facility personnel of their presence. They shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any resident without first identifying himself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident may terminate at any time a visit by a person having access to the resident's living area under this Section.

(c) This Section shall not limit the power of the Department or other public agency otherwise permitted or required by law to enter and inspect a facility.

(d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for commercial purposes. Any person refused access to a facility may within 10 days request a hearing under Section 3-703. In that proceeding, the burden of proof as to the right of the facility to refuse access under this Section shall be on the facility.

(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".