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Public Act 095-0823
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| HB3508 Enrolled |
LRB095 08515 DRJ 31907 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by |
changing Sections 4.03 and 4.04 as follows:
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(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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Sec. 4.03. The Department on Aging, in cooperation with the |
Department of
Human Services and any other appropriate State, |
local or
federal agency, shall, without regard to income |
guidelines, establish a
nursing home prescreening program to |
determine whether Alzheimer's Disease
and related disorders |
victims, and persons who are deemed as blind or
disabled as |
defined by the Social Security Act and who are in need of long
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term care, may be satisfactorily cared for in their homes |
through the use
of home and community based services. Case |
coordination units under
contract with the Department may |
charge a fee for the prescreening provided
under this Section |
and the fee shall be no greater than the cost of such
services |
to the case coordination unit. At the time of each |
prescreening, case coordination units shall provide |
information regarding the Office of State Long Term Care |
Ombudsman's Residents Right to Know database as authorized in |
subsection (c-5) of Section 4.04.
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(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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Sec. 4.04. Long Term Care Ombudsman Program.
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(a) Long Term Care Ombudsman Program. The Department shall
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establish a Long Term Care Ombudsman Program, through the |
Office of State
Long Term Care Ombudsman ("the Office"), in |
accordance with the provisions of
the Older Americans Act of |
1965, as now or hereafter amended.
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(b) Definitions. As used in this Section, unless the |
context requires
otherwise:
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(1) "Access" has the same meaning as in Section 1-104 |
of the Nursing
Home Care Act, as now or hereafter amended; |
that is, it means the right to:
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(i) Enter any long term care facility or assisted |
living or shared
housing establishment or supportive |
living facility;
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(ii) Communicate privately and without restriction |
with any resident
who consents to the communication;
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(iii) Seek consent to communicate privately and |
without restriction
with any resident;
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(iv) Inspect the clinical and other records of a |
resident with the
express written consent of the |
resident;
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(v) Observe all areas of the long term care |
facility or supportive
living facilities, assisted |
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living or shared housing establishment except the
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living area of any resident who protests the |
observation.
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(2) "Long Term Care Facility" means (i) any facility as |
defined by Section
1-113 of the Nursing Home Care Act, as |
now or hereafter amended; and (ii) any
skilled nursing |
facility or a nursing facility which meets the
requirements |
of Section 1819(a), (b), (c), and (d) or Section 1919(a), |
(b),
(c), and (d) of the Social Security Act, as now or |
hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) |
and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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(2.5) "Assisted living establishment" and "shared |
housing establishment"
have the meanings given those terms |
in Section 10 of the Assisted Living and
Shared Housing |
Act.
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(2.7) "Supportive living facility" means a facility |
established under
Section 5-5.01a of the Illinois Public |
Aid Code.
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(3) "State Long Term Care Ombudsman" means any person |
employed by the
Department to fulfill
the requirements of |
the Office of State Long Term Care Ombudsman as
required |
under the Older Americans Act of 1965, as now or hereafter |
amended,
and Departmental policy.
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(3.1) "Ombudsman" means any designated representative |
of a regional long
term care ombudsman program; provided |
that the representative, whether he is
paid for or |
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volunteers his ombudsman services, shall be qualified and
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designated by the Office to perform the duties of an |
ombudsman as specified by
the Department in rules and in |
accordance with the provisions of
the Older Americans Act |
of 1965, as now or hereafter amended.
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(c) Ombudsman; rules. The Office of State Long Term Care |
Ombudsman shall
be composed of at least one full-time ombudsman |
and shall include a system of
designated regional long term |
care ombudsman programs. Each regional program
shall be |
designated by the State Long Term Care Ombudsman as a |
subdivision of
the Office and any representative of a regional |
program shall be treated as a
representative of the Office.
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The Department, in consultation with the Office, shall |
promulgate
administrative rules in accordance with the |
provisions of the Older Americans
Act of 1965, as now or |
hereafter amended, to establish the responsibilities of
the |
Department and the Office of State Long Term Care Ombudsman and |
the
designated regional Ombudsman programs. The administrative |
rules shall include
the responsibility of the Office and |
designated regional programs to
investigate and resolve |
complaints made by or on behalf of residents of long
term care |
facilities, supportive living facilities, and assisted living |
and
shared housing establishments relating to actions, |
inaction, or
decisions of providers, or their representatives, |
of long term care
facilities, of supported living facilities, |
of assisted living and shared
housing establishments, of public |
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agencies, or of social services agencies,
which may adversely |
affect the health, safety, welfare, or rights of such
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residents.
When necessary and appropriate, representatives of |
the Office shall refer
complaints to the appropriate regulatory |
State agency.
The Department, in consultation with the Office, |
shall cooperate with the
Department of Human Services in |
providing information and training to
designated regional long |
term care ombudsman programs about the appropriate
assessment |
and treatment (including information about appropriate |
supportive
services, treatment options, and assessment of |
rehabilitation potential) of
persons with mental illness |
(other than Alzheimer's disease and related
disorders). |
The State Long Term Care Ombudsman and all other ombudsmen, |
as defined in paragraph (3.1) of subsection (b) must submit to |
background checks under the Health Care Worker Background Check |
Act and receive training, as prescribed by the Illinois |
Department on Aging, before visiting facilities. The training |
must include information specific to assisted living |
establishments, supportive living facilities, and shared |
housing establishments and to the rights of residents |
guaranteed under the corresponding Acts and administrative |
rules.
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(c-5) Consumer Choice Information Reports. The Office |
shall: |
(1) In collaboration with the Attorney General, create |
a Consumer Choice Information Report form to be completed |
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by all licensed long term care facilities to aid |
Illinoisans and their families in making informed choices |
about long term care. The Office shall create a Consumer |
Choice Information Report for each type of licensed long |
term care facility. |
(2) Develop a database of Consumer Choice Information |
Reports completed by licensed long term care facilities |
that includes information in the following consumer |
categories: |
(A) Medical Care, Services, and Treatment. |
(B) Special Services and Amenities. |
(C) Staffing. |
(D) Facility Statistics and Resident Demographics. |
(E) Ownership and Administration. |
(F) Safety and Security. |
(G) Meals and Nutrition. |
(H) Rooms, Furnishings, and Equipment. |
(I) Family, Volunteer, and Visitation Provisions. |
(3) Make this information accessible to the public, |
including on the Internet by means of a hyperlink labeled |
"Resident's Right to Know" on the Office's World Wide Web |
home page. |
(4) Have the authority, with the Attorney General, to |
verify that information provided by a facility is accurate. |
(5) Request a new report from any licensed facility |
whenever it deems necessary.
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(d) Access and visitation rights.
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(1) In accordance with subparagraphs (A) and (E) of |
paragraph (3) of
subsection (c) of Section 1819
and |
subparagraphs (A) and (E) of paragraph (3) of subsection |
(c) of Section
1919 of the Social Security Act, as now or |
hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and |
42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the |
Older Americans Act of 1965, as now or hereafter
amended |
(42 U.S.C. 3058f), a long term care facility, supportive |
living
facility, assisted living
establishment, and shared |
housing establishment must:
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(i) permit immediate access to any resident by a |
designated
ombudsman; and
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(ii) permit representatives of the Office, with |
the permission of the
resident's legal representative |
or legal guardian, to examine a resident's
clinical and |
other records, and if a resident is unable to consent |
to such
review, and has no legal guardian, permit |
representatives of the Office
appropriate access, as |
defined by the Department, in consultation with the
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Office, in administrative rules, to the resident's |
records.
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(2) Each long term care facility, supportive living |
facility, assisted
living establishment, and
shared |
housing establishment shall display, in multiple, |
conspicuous
public places within the facility accessible |
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to both visitors and residents and
in an easily readable |
format, the address and phone number of the Office of the
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Long Term Care Ombudsman, in a manner prescribed by the |
Office.
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(e) Immunity. An ombudsman or any representative of the |
Office participating
in the good faith performance of his or |
her official duties
shall have immunity from any liability |
(civil, criminal or otherwise) in
any proceedings (civil, |
criminal or otherwise) brought as a consequence of
the |
performance of his official duties.
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(f) Business offenses.
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(1) No person shall:
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(i) Intentionally prevent, interfere with, or |
attempt to impede in any
way any representative of the |
Office in the performance of his
official
duties under |
this Act and the Older Americans Act of 1965; or
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(ii) Intentionally retaliate, discriminate |
against, or effect reprisals
against any long term care |
facility resident or employee for contacting or
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providing information to any representative of the |
Office.
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(2) A violation of this Section is a business offense, |
punishable by a
fine not to exceed $501.
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(3) The Director of Aging, in consultation with the |
Office, shall
notify the State's Attorney of the
county in |
which the long term care facility, supportive living |
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facility, or
assisted living or shared housing |
establishment is located,
or the Attorney General, of any |
violations of this Section.
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(g) Confidentiality of records and identities. The |
Department shall
establish procedures for the disclosure by the |
State Ombudsman or the regional
ombudsmen
entities of files |
maintained by the program. The procedures shall provide that
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the files and records may be disclosed only at the discretion |
of the State Long
Term Care
Ombudsman or the person designated |
by the State Ombudsman to disclose the files
and records, and |
the procedures shall prohibit the disclosure of the identity
of |
any complainant, resident, witness, or employee of a long term |
care provider
unless:
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(1) the complainant, resident, witness, or employee of |
a long term care
provider or his or her legal |
representative consents to the disclosure and the
consent |
is in writing;
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(2) the complainant, resident, witness, or employee of |
a long term care
provider gives consent orally; and the |
consent is documented contemporaneously
in writing in
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accordance with such requirements as the Department shall |
establish; or
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(3) the disclosure is required by court order.
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(h) Legal representation. The Attorney General shall
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provide legal representation to any representative of the |
Office
against
whom suit or other legal action is brought in |
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connection with the
performance of the representative's |
official duties, in accordance with the
State Employee |
Indemnification Act.
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(i) Treatment by prayer and spiritual means. Nothing in |
this Act shall
be construed to authorize or require the medical |
supervision, regulation
or control of remedial care or |
treatment of any resident in a long term
care facility operated |
exclusively by and for members or adherents of any
church or |
religious denomination the tenets and practices of which |
include
reliance solely upon spiritual means through prayer for |
healing.
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(Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)
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Section 10. The Nursing Home Care Act is amended by |
changing Sections 3-210 and 3-212 and by adding Section 2-214 |
as follows:
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(210 ILCS 45/2-214 new) |
Sec. 2-214. Consumer Choice Information Reports. |
(a) Every facility shall complete a Consumer Choice |
Information Report and shall file it with the Office of State |
Long Term Care Ombudsman electronically as prescribed by the |
Office. The Report shall be filed annually and upon request of |
the Office of State Long Term Care Ombudsman. The Consumer |
Choice Information Report must be completed by the facility in |
full. |
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(b) A violation of any of the provisions of this Section |
constitutes an unlawful practice under the Consumer Fraud and |
Deceptive Business Practices Act. All remedies, penalties, and |
authority granted to the Attorney General by the Consumer Fraud |
and Deceptive Business Practices Act shall be available to him |
or her for the enforcement of this Section. |
(c) The Department of Public Health shall include |
verification of the submission of a facility's current Consumer |
Choice Information Report when conducting an inspection |
pursuant to Section 3-212.
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(210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210)
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Sec. 3-210. A facility shall retain the following for |
public inspection:
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(1) A complete copy of every inspection report of the |
facility received
from the Department during the past 5 years;
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(2) A copy of every order pertaining to the facility issued |
by the
Department or a court during the past 5 years;
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(3) A description of the services provided by the facility |
and the rates
charged for those services and items for which a |
resident may be separately charged;
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(4) A copy of the statement of ownership required by |
Section 3-207;
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(5) A record of personnel employed or retained by the |
facility who are
licensed, certified or registered by the |
Department of Professional
Regulation; and
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(6) A complete copy of the most recent inspection report of |
the facility
received from the Department.
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(7) A copy of the current Consumer Choice Information |
Report required by Section 2-214.
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(Source: P.A. 85-1209)
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(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
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Sec. 3-212. Inspection.
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(a) The Department, whenever it deems necessary in
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accordance with subsection (b), shall inspect, survey and |
evaluate every
facility to determine compliance with |
applicable licensure requirements and
standards. Submission of |
a facility's current Consumer Choice Information Report |
required by Section 2-214 shall be verified at time of |
inspection. An inspection should occur within 120 days prior
to |
license renewal. The Department may periodically visit a |
facility for the
purpose of consultation. An inspection, |
survey, or evaluation, other than
an inspection of financial |
records, shall be conducted without prior notice
to the |
facility. A visit for the sole purpose of consultation may be
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announced.
The Department shall provide training to surveyors |
about the appropriate
assessment, care planning, and care of |
persons with mental illness (other than
Alzheimer's disease or |
related disorders) to enable its surveyors to
determine whether |
a facility is complying with State and federal requirements
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about the assessment, care planning, and care of those persons.
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(a-1) An employee of a State or unit of local government |
agency
charged with inspecting, surveying, and evaluating |
facilities who directly
or indirectly gives prior notice of an |
inspection, survey, or evaluation,
other than an inspection of |
financial records, to a facility or to an
employee of a |
facility is guilty of a Class A misdemeanor.
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An inspector or an employee of the Department who |
intentionally prenotifies
a facility,
orally or in writing, of |
a pending complaint investigation or inspection shall
be guilty |
of a Class A misdemeanor.
Superiors of persons who have |
prenotified a facility shall be subject to the
same penalties, |
if they have knowingly allowed the prenotification. A person
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found guilty of prenotifying a facility shall be subject to |
disciplinary action
by his or her employer.
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If the Department has a good faith belief, based upon |
information that comes
to its attention, that a violation of |
this subsection has occurred, it must
file a complaint with the |
Attorney General or the State's Attorney in the
county where |
the violation
took place within 30 days after discovery of the |
information.
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(a-2) An employee of a State or unit of local government |
agency charged with
inspecting, surveying, or evaluating |
facilities who willfully profits from
violating the |
confidentiality of the inspection, survey, or evaluation
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process shall be guilty of a Class 4 felony and that conduct |
shall be deemed
unprofessional conduct that may subject a |
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person to loss of his or her
professional license. An action to |
prosecute a person for violating this
subsection (a-2) may be |
brought by either the Attorney General or the State's
Attorney |
in the county where the violation took place.
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(b) In determining whether to make more than the required |
number of
unannounced inspections, surveys and evaluations of a |
facility the
Department shall consider one or more of the |
following: previous inspection
reports; the facility's history |
of compliance with standards, rules and
regulations |
promulgated under this Act and correction of violations,
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penalties or other enforcement actions; the number and severity |
of
complaints received about the facility; any allegations of |
resident abuse
or neglect; weather conditions; health |
emergencies; other reasonable belief
that deficiencies exist.
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(b-1) The Department shall not be required to determine |
whether a
facility certified to participate in the Medicare |
program under Title XVIII of
the Social Security Act, or the |
Medicaid program under Title XIX of the Social
Security Act, |
and which the Department determines by inspection under this
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Section or under Section 3-702 of this Act to be in compliance |
with the
certification requirements of Title XVIII or XIX, is |
in compliance with any
requirement of this Act that is less |
stringent than or duplicates a federal
certification |
requirement. In accordance with subsection (a) of this Section
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or subsection (d) of Section 3-702, the Department shall |
determine whether a
certified facility is in
compliance with |
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requirements of this Act that exceed federal certification
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requirements. If a certified facility is found to be out of |
compliance with
federal certification requirements, the |
results of an inspection conducted
pursuant to Title XVIII or |
XIX of the Social Security Act may be used as the
basis for |
enforcement remedies authorized and commenced under this Act.
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Enforcement of this Act against a certified facility shall be |
commenced
pursuant to the requirements of this Act, unless |
enforcement remedies sought
pursuant to Title XVIII or XIX of |
the Social Security Act exceed those
authorized by this Act. As |
used in this subsection, "enforcement remedy"
means a sanction |
for violating a federal certification requirement or this
Act.
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(c) Upon completion of each inspection, survey and |
evaluation, the
appropriate Department personnel who conducted |
the inspection, survey or
evaluation shall submit a copy of |
their report to the licensee upon exiting
the facility, and |
shall submit the actual report to the appropriate
regional |
office of the Department. Such report and any recommendations |
for
action by the Department under this Act shall be |
transmitted to the
appropriate offices of the associate |
director of the Department, together
with related comments or |
documentation provided by the licensee which may
refute |
findings in the report, which explain extenuating |
circumstances that
the facility could not reasonably have |
prevented, or which indicate methods
and timetables for |
correction of deficiencies described in the report.
Without |
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affecting the application of subsection (a) of Section 3-303, |
any
documentation or comments of the licensee shall be provided |
within 10
days of receipt of the copy of the report. Such |
report shall recommend to
the Director appropriate action under |
this Act with respect to findings
against a facility. The |
Director shall then determine whether the report's
findings |
constitute a violation or violations of which the facility must |
be
given notice. Such determination shall be based upon the |
severity of the
finding, the danger posed to resident health |
and safety, the comments and
documentation provided by the |
facility, the diligence and efforts to
correct deficiencies, |
correction of the reported deficiencies, the
frequency and |
duration of similar findings in previous reports and the
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facility's general inspection history. Violations shall be |
determined
under this subsection no later than 60 days after |
completion of each
inspection, survey and evaluation.
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(d) The Department shall maintain all inspection, survey |
and evaluation
reports for at least 5 years in a manner |
accessible to and understandable
by the public.
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(Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)
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Section 15. The Consumer Fraud and Deceptive Business |
Practices Act is amended by adding Section 2ZZ as follows:
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(815 ILCS 505/2ZZ new) |
Sec. 2ZZ. Long term care facility; Consumer Choice |