Public Act 102-1080
 
SB1633 EnrolledLRB102 15475 CPF 20838 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Nursing Home Care Act is amended  by 
changing Sections 2-101, 2-112, 2-113, and 3-209 as follows:
 



    (210 ILCS 45/2-101)  (from Ch. 111 1/2, par. 4152-101)



    Sec. 2-101. 
No resident shall be deprived of any rights, 
benefits, or
privileges guaranteed by State or federal law, 
the Constitution of the State of Illinois,
or the Constitution 
of the United States solely on account of his or her status
as 
a resident of a facility. Residents shall have the right to be 
treated with courtesy and respect by employees or persons 
providing medical services or care and shall have their human 
and civil rights maintained in all aspects of medical care  as 
defined in the State Operations Manual for Long-Term Care 
Facilities. In accordance with 42 CFR 483.10, residents shall 
have their basic human needs, including, but not limited to, 
water, food, medication, toileting, and personal hygiene, 
accommodated in a timely manner, as defined by the person and 
agreed upon by the interdisciplinary team. Residents have the 
right to maintain their autonomy as much as possible.

(Source: P.A. 81-223.)

 



    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)



    Sec. 2-112. 
A resident shall be permitted to present 
grievances on behalf
of himself or others to the 
administrator, the Long-Term Care Facility Advisory
Board, the 
residents' advisory council, State governmental agencies,
or 
other persons of the resident's choice, free from restraint, 
interference, coercion, or discrimination and without threat 
of discharge or reprisal in any form or
manner whatsoever. 
Every facility licensed under this Act shall have a written 
internal grievance procedure that, at a minimum:
        (1) sets forth the process to be followed;
        (2) specifies time limits, including time limits for 
    facility response;
        (3) informs  residents of their right to have the 
    assistance of an advocate;
        (4) provides for a timely response within 25 days by 
    an impartial and nonaffiliated third party, including, but 
    not limited to, the Long-Term Care Ombudsman, if the 
    grievance is not otherwise resolved by the facility;
        (5) requires the facility to follow applicable State 
    and federal requirements for responding to and reporting 
    any grievance alleging potential abuse, neglect, 
    misappropriation of resident property, or exploitation; 
    and
        (6) requires the facility to keep a copy of all 
    grievances, responses, and outcomes for 3 years and 
    provide the information to the Department upon request.
    In accordance with F574 of the State Operations Manual for 
Long-Term Care Facilities, the administrator shall provide all 
residents or their representatives upon admission and at 
request with the name, address, and telephone number of the 
appropriate State governmental office where complaints may be 
lodged in language the resident can understand, which must 
include notice of the grievance procedure of the facility or 
program and addresses and phone numbers for the Office of 
Health Care Regulation and the Long-Term Care Ombudsman 
Program.  The administrator shall provide all residents or 
their
representatives with the name, address, and telephone 
number of the appropriate
State governmental office where 
complaints may be lodged.

(Source: P.A. 81-223.)

 



    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)



    Sec. 2-113. A resident may refuse to perform labor for a 
facility. Residents shall not perform labor or services for 
the facility unless consistent with F566 of the State 
Operations Manual for Long-Term Care Facilities. The 
activities must be included for therapeutic purposes and be 
appropriately goal related to the individual's care plan. If a 
resident chooses to perform labor or services, the resident  
must be compensated at or above the prevailing wage rate. 
(Source: P.A. 81-223.)

 



    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)



    Sec. 3-209. Required posting of information. 
    (a) Every facility shall conspicuously post for display in 
an
area of its offices accessible to residents, employees, and 
visitors the
following:

        (1) Its current license;

        (2) A description, provided by the Department, of 
    complaint
procedures established under this Act and the 
    name, address, and
telephone number of a person authorized 
    by the Department to receive
complaints;

        (3) A copy of any order pertaining to the  facility 
    issued by the
Department or a court; and

        (4) A list of the material available for public 
    inspection under
Section 3-210; .
        (5)  Phone numbers and websites for rights protection 
    services must be posted in common areas and at the main 
    entrance and provided upon entry and at the request of 
    residents or the  resident's representative in accordance 
    with  42 CFR 483.10(j)(4); and
        (6) The statement "The Illinois Long-Term Care 
    Ombudsman Program is a free resident advocacy service 
    available to the public.".
    In accordance with F574 of the State Operations Manual for 
Long-Term Care Facilities, the administrator shall post for 
all residents and at the main entrance the name, address, and 
telephone number of the appropriate State governmental office 
where complaints may be lodged in language the resident can 
understand, which must include notice of the grievance 
procedure of the facility or program as well as addresses and 
phone numbers for the Office of Health Care Regulation and the 
Long-Term Care Ombudsman Program and a website showing the 
information of a facility's ownership. The facility shall 
include a link to the Long-Term Care Ombudsman Program's 
website on the home page of the facility's website. 
    (b) A facility that has received a notice of violation for 
a violation of the minimum staffing requirements under Section 
3-202.05 shall display, during the period of time the facility 
is out of compliance, a notice stating in Calibri (body) font 
and 26-point type in black letters on an 8.5 by 11 inch white 
paper the following: 
 
"Notice Dated:   ...................
This facility does not currently meet the minimum staffing 
ratios required by law. Posted at the direction of the 
Illinois
Department of Public Health.". 

 
The notice must be posted, at a minimum, at all publicly used 
exterior entryways into the facility, inside the main entrance 
lobby, and next to any registration desk for easily accessible 
viewing. The notice must also be posted on the main page of the 
facility's website. The Department shall have the discretion 
to determine the gravity of any violation and, taking into 
account mitigating and aggravating circumstances and facts, 
may reduce the requirement of, and amount of time for, posting 
the notice. 
(Source: P.A. 101-10, eff. 6-5-19.)