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| Public Act 096-1373 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by adding | ||||
Section 3-808.5 as follows: | ||||
(210 ILCS 45/3-808.5 new) | ||||
Sec. 3-808.5. Nursing home fraud, abuse, and neglect | ||||
prevention and reporting. | ||||
(a) Every licensed long term care facility that receives | ||||
Medicaid funding shall prominently display in its lobby, in its | ||||
dining areas, and on each floor of the facility information | ||||
approved by the Illinois Medicaid Fraud Control Unit on how to | ||||
report fraud, abuse, and neglect. In addition, information | ||||
regarding the reporting of fraud, abuse, and neglect shall be | ||||
provided to each resident at the time of admission and to the | ||||
resident's family members or emergency contacts, or to both the | ||||
resident's family members and his or her emergency contacts. | ||||
(b) Any owner or licensee of a long term care facility | ||||
licensed under this Act shall be responsible for the collection | ||||
and maintenance of any and all records required to be | ||||
maintained under this Section and any other applicable | ||||
provisions of this Act, and as a provider under the Illinois | ||||
Public Aid Code, and shall be responsible for compliance with | ||||
all of the disclosure requirements under this Section. All | ||
books and records and other papers and documents that are | ||
required to be kept, and all records showing compliance with | ||
all of the disclosure requirements to be made pursuant to this | ||
Section, shall be kept at the facility and shall, at all times | ||
during business hours, be subject to inspection by any law | ||
enforcement or health oversight agency or its duly authorized | ||
agents or employees. | ||
(c) Any report of abuse and neglect of residents made by | ||
any individual in whatever manner, including, but not limited | ||
to, reports made under Sections 2-107 and 3-610 of this Act, or | ||
as provided under the Abused and Neglected Long Term Care | ||
Facility Residents Reporting Act, that is made to an | ||
administrator, a director of nursing, or any other person with | ||
management responsibility at a long term care facility must be | ||
disclosed to the owners and licensee of the facility within 24 | ||
hours of the report. The owners and licensee of a long term | ||
care facility shall maintain all records necessary to show | ||
compliance with this disclosure requirement. | ||
(d) Any person with an ownership interest in a long term | ||
care facility licensed by the Department must, within 30 days | ||
of the effective date of this amendatory Act of the 96th | ||
General Assembly, disclose the existence of any ownership | ||
interest in any vendor who does business with the facility. The | ||
disclosures required by this subsection shall be made in the | ||
form and manner prescribed by the Department. Licensed long | ||
term care facilities who receive Medicaid funding shall submit | ||
a copy of the disclosures required by this subsection to the | ||
Illinois Medicaid Fraud Control Unit. The owners and licensee | ||
of a long term care facility shall maintain all records | ||
necessary to show compliance with this disclosure requirement. | ||
(e) Notwithstanding the provisions of Section 3-318 of this | ||
Act, and in addition thereto, any person, owner, or licensee | ||
who willfully fails to keep and maintain, or willfully fails to | ||
produce for inspection, books and records, or willfully fails | ||
to make the disclosures required by this Section, is guilty of | ||
a Class A misdemeanor. A second or subsequent violation of this | ||
Section shall be punishable as a Class 4 felony. | ||
(f) Any owner or licensee who willfully files or willfully | ||
causes to be filed a document with false information with the | ||
Department, the Department of Healthcare and Family Services, | ||
or the Illinois Medicaid Fraud Control Unit or any other law | ||
enforcement agency, is guilty of a Class A misdemeanor. | ||
Section 10. The Criminal Code of 1961 is amended by | ||
changing Section 12-19 as follows:
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(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
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(Text of Section before amendment by P.A. 96-339)
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Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
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Facility Resident. | ||
(a) Any person or any owner or licensee of a long term care | ||
facility who
abuses a long term care facility resident is | ||
guilty of a Class 3 felony.
Any person or any owner or licensee | ||
of a long term care facility who
criminally
neglects a long | ||
term care facility resident is guilty of a Class 4 felony.
A | ||
person whose
criminal neglect of a long term care facility | ||
resident results in the
resident's death is
guilty of a Class 3 | ||
felony. However, nothing herein shall be deemed to
apply to
a | ||
physician licensed to practice medicine in all its branches or | ||
a duly
licensed nurse providing care within the scope of his or | ||
her professional
judgment and within the accepted standards of | ||
care within the community.
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(b) Notwithstanding the penalties in subsections (a) and | ||
(c) and in
addition thereto, if a licensee or owner of a long | ||
term care facility or
his or her employee has caused neglect of | ||
a resident, the licensee or owner
is guilty of a petty offense. | ||
An owner or licensee is guilty under this
subsection (b) only | ||
if the owner or licensee failed to exercise reasonable
care in | ||
the hiring, training, supervising or providing of staff or | ||
other
related routine administrative responsibilities.
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(c) Notwithstanding the penalties in subsections (a) and | ||
(b) and in
addition thereto, if a licensee or owner of a long | ||
term care facility or
his or her employee has caused gross | ||
neglect of a resident, the licensee or
owner is guilty of a | ||
business offense for which a fine of not more than
$10,000 may | ||
be imposed. An owner or licensee is guilty under this
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subsection (c) only if the owner or licensee failed to exercise | ||
reasonable
care in the hiring, training, supervising or | ||
providing of staff or other
related routine administrative | ||
responsibilities.
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(d) For the purpose of this Section:
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(1) "Abuse" means intentionally or knowingly causing | ||
any physical or
mental injury or committing any sexual | ||
offense set forth in this Code.
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(2) "Criminal neglect" means an act whereby a person | ||
recklessly (i)
performs acts that cause an elderly person's | ||
or person with a disability's life
to be
endangered, health | ||
to be injured, or pre-existing physical or mental condition
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to
deteriorate or that create the substantial likelihood | ||
that an elderly person's or person with a disability's life | ||
will be endangered, health will be injured, or pre-existing | ||
physical or mental condition will deteriorate, or (ii) | ||
fails to perform acts that he or she knows or reasonably
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should
know are necessary to maintain or preserve the life | ||
or health of an elderly
person
or person with a disability, | ||
and that failure causes the elderly person's or
person
with | ||
a disability's life to be endangered, health to be injured, | ||
or
pre-existing
physical or mental condition to | ||
deteriorate or that create the substantial likelihood that | ||
an elderly person's or person with a disability's life will | ||
be endangered, health will be injured, or pre-existing | ||
physical or mental condition will deteriorate, or (iii) | ||
abandons an elderly
person
or person with a disability.
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(3) "Neglect" means negligently failing to provide | ||
adequate medical
or personal care or maintenance, which | ||
failure results in physical or mental
injury or the | ||
deterioration of a physical or mental condition.
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(4) "Resident" means a person residing in a long term | ||
care facility.
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(5) "Owner" means the person who owns a long term care | ||
facility as
provided under the Nursing Home Care Act or an | ||
assisted living or shared
housing establishment under the | ||
Assisted Living and Shared Housing Act.
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(6) "Licensee" means the individual or entity licensed | ||
to operate a
facility under the Nursing Home Care Act or | ||
the Assisted Living and Shared
Housing Act.
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(7) "Facility" or "long term care facility" means a | ||
private home,
institution, building, residence, or any | ||
other place, whether operated for
profit or not, or a | ||
county home for the infirm and chronically ill operated
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pursuant to Division 5-21 or 5-22 of the Counties Code, or | ||
any similar
institution operated by
the State of Illinois | ||
or a political subdivision thereof, which provides,
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through its ownership or management, personal care, | ||
sheltered care or
nursing for 3 or more persons not related | ||
to the owner by blood or
marriage. The term also includes | ||
skilled nursing facilities and
intermediate care | ||
facilities as defined in Title XVIII and Title XIX of the
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federal Social Security Act and assisted living | ||
establishments and shared
housing establishments licensed | ||
under the Assisted Living and Shared Housing
Act.
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(e) Nothing contained in this Section shall be deemed to | ||
apply to the
medical supervision, regulation or control of the | ||
remedial care or
treatment of residents in a facility conducted | ||
for those who rely upon
treatment by prayer or spiritual means | ||
in accordance with the creed or
tenets of any well recognized | ||
church or religious denomination and which
is licensed in | ||
accordance with Section 3-803 of the Nursing Home Care Act.
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(Source: P.A. 93-301, eff. 1-1-04.)
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(Text of Section after amendment by P.A. 96-339)
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Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
| ||
Facility Resident. | ||
(a) Any person or any owner or licensee of a long term care | ||
facility who
abuses a long term care facility resident is | ||
guilty of a Class 3 felony.
Any person or any owner or licensee | ||
of a long term care facility who
criminally
neglects a long | ||
term care facility resident is guilty of a Class 4 felony.
A | ||
person whose
criminal neglect of a long term care facility | ||
resident results in the
resident's death is
guilty of a Class 3 | ||
felony. However, nothing herein shall be deemed to
apply to
a | ||
physician licensed to practice medicine in all its branches or | ||
a duly
licensed nurse providing care within the scope of his or | ||
her professional
judgment and within the accepted standards of | ||
care within the community.
| ||
(b) Notwithstanding the penalties in subsections (a) and | ||
(c) and in
addition thereto, if a licensee or owner of a long | ||
term care facility or
his or her employee has caused neglect of | ||
a resident, the licensee or owner
is guilty of a petty offense. | ||
An owner or licensee is guilty under this
subsection (b) only | ||
if the owner or licensee failed to exercise reasonable
care in | ||
the hiring, training, supervising or providing of staff or | ||
other
related routine administrative responsibilities.
| ||
(c) Notwithstanding the penalties in subsections (a) and | ||
(b) and in
addition thereto, if a licensee or owner of a long | ||
term care facility or
his or her employee has caused gross | ||
neglect of a resident, the licensee or
owner is guilty of a | ||
business offense for which a fine of not more than
$10,000 may | ||
be imposed. An owner or licensee is guilty under this
| ||
subsection (c) only if the owner or licensee failed to exercise | ||
reasonable
care in the hiring, training, supervising or | ||
providing of staff or other
related routine administrative | ||
responsibilities.
| ||
(d) For the purpose of this Section:
| ||
(1) "Abuse" means intentionally or knowingly causing | ||
any physical or
mental injury or committing any sexual | ||
offense set forth in this Code.
| ||
(2) "Criminal neglect" means an act whereby a person | ||
recklessly (i)
performs acts that cause an elderly person's | ||
or person with a disability's life
to be
endangered, health | ||
to be injured, or pre-existing physical or mental condition
| ||
to
deteriorate or that create the substantial likelihood | ||
that an elderly person's or person with a disability's life | ||
will be endangered, health will be injured, or pre-existing | ||
physical or mental condition will deteriorate, or (ii) | ||
fails to perform acts that he or she knows or reasonably
| ||
should
know are necessary to maintain or preserve the life | ||
or health of an elderly
person
or person with a disability, | ||
and that failure causes the elderly person's or
person
with | ||
a disability's life to be endangered, health to be injured, | ||
or
pre-existing
physical or mental condition to | ||
deteriorate or that create the substantial likelihood that | ||
an elderly person's or person with a disability's life will | ||
be endangered, health will be injured, or pre-existing | ||
physical or mental condition will deteriorate, or (iii) | ||
abandons an elderly
person
or person with a disability.
| ||
(3) "Neglect" means negligently failing to provide | ||
adequate medical
or personal care or maintenance, which | ||
failure results in physical or mental
injury or the | ||
deterioration of a physical or mental condition.
| ||
(4) "Resident" means a person residing in a long term | ||
care facility.
| ||
(5) "Owner" means the person who owns a long term care | ||
facility as
provided under the Nursing Home Care Act, a | ||
facility as provided under the MR/DD Community Care Act, or | ||
an assisted living or shared
housing establishment under | ||
the Assisted Living and Shared Housing Act.
| ||
(6) "Licensee" means the individual or entity licensed | ||
to operate a
facility under the Nursing Home Care Act, the | ||
MR/DD Community Care Act, or the Assisted Living and Shared
| ||
Housing Act.
| ||
(7) "Facility" or "long term care facility" means a | ||
private home,
institution, building, residence, or any | ||
other place, whether operated for
profit or not, or a | ||
county home for the infirm and chronically ill operated
| ||
pursuant to Division 5-21 or 5-22 of the Counties Code, or | ||
any similar
institution operated by
the State of Illinois | ||
or a political subdivision thereof, which provides,
| ||
through its ownership or management, personal care, | ||
sheltered care or
nursing for 3 or more persons not related | ||
to the owner by blood or
marriage. The term also includes | ||
skilled nursing facilities and
intermediate care | ||
facilities as defined in Title XVIII and Title XIX of the
| ||
federal Social Security Act and assisted living | ||
establishments and shared
housing establishments licensed | ||
under the Assisted Living and Shared Housing
Act.
| ||
(e) Nothing contained in this Section shall be deemed to | ||
apply to the
medical supervision, regulation or control of the | ||
remedial care or
treatment of residents in a facility conducted | ||
for those who rely upon
treatment by prayer or spiritual means | ||
in accordance with the creed or
tenets of any well recognized | ||
church or religious denomination and which
is licensed in | ||
accordance with Section 3-803 of the Nursing Home Care Act or | ||
Section 3-803 of the MR/DD Community Care Act.
| ||
(Source: P.A. 96-339, eff. 7-1-10.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||