Public Act 099-0784
 
HB5603 EnrolledLRB099 20187 MJP 44642 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Authorized Electronic Monitoring in
Long-Term Care Facilities Act is amended by changing Sections
5, 15, 25, 27, and 65 as follows:
 
    (210 ILCS 32/5)
    Sec. 5. Definitions. As used in this Act:
    "Authorized electronic monitoring" means the placement and
use of an electronic monitoring device by a resident in his or
her room in accordance with this Act.
    "Department" means the Department of Public Health.
    "Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio
recording device, or a combination thereof, that is installed
in a resident's room under the provisions of this Act and
broadcasts or records activity or sounds occurring in the room.
    "Facility" means an intermediate care facility for the
developmentally disabled licensed under the ID/DD Community
Care Act that has 30 beds or more, a facility licensed under
the MC/DD Act a long-term care for under age 22 facility
licensed under the ID/DD Community Care Act, or a long-term
care facility licensed under the Nursing Home Care Act.
    "Resident" means a person residing in a facility.
    "Resident's representative" has the meaning given to that
term in (1) Section 1-123 of the Nursing Home Care Act if the
resident resides in a facility licensed under the Nursing Home
Care Act, or (2) Section 1-123 of the ID/DD Community Care Act
if the resident resides in a facility licensed under the ID/DD
Community Care Act, or (3) Section 1-123 of the MC/DD Act if
the resident resides in a facility licensed under the MC/DD
Act.
(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/15)
    Sec. 15. Consent.
    (a) Except as otherwise provided in this subsection, a
resident, a resident's plenary guardian of the person, or the
parent of a resident under the age of 18 must consent in
writing on a notification and consent form prescribed by the
Department to the authorized electronic monitoring in the
resident's room. If the resident has not affirmatively objected
to the authorized electronic monitoring and the resident's
physician determines that the resident lacks the ability to
understand and appreciate the nature and consequences of
electronic monitoring, the following individuals may consent
on behalf of the resident, in order of priority:
        (1) a health care agent named under the Illinois Power
    of Attorney Act;
        (2) a resident's representative, as defined in Section
    5 of this Act;
        (3) the resident's spouse;
        (4) the resident's parent;
        (5) the resident's adult child who has the written
    consent of the other adult children of the resident to act
    as the sole decision maker regarding authorized electronic
    monitoring; or
        (6) the resident's adult brother or sister who has the
    written consent of the other adult siblings of the resident
    to act as the sole decision maker regarding authorized
    electronic monitoring.
    (a-5) Prior to another person, other than a resident's
plenary guardian of the person, consenting on behalf of a
resident 18 years of age or older in accordance with this
Section, the resident must be asked by that person, in the
presence of a facility employee, if he or she wants authorized
electronic monitoring to be conducted. The person must explain
to the resident:
        (1) the type of electronic monitoring device to be
    used;
        (2) the standard conditions that may be placed on the
    electronic monitoring device's use, including those listed
    in paragraph (7) of subsection (b) of Section 20;
        (3) with whom the recording may be shared according to
    Section 45; and
        (4) the resident's ability to decline all recording.
    For the purposes of this subsection, a resident
affirmatively objects when he or she orally, visually, or
through the use of auxiliary aids or services declines
authorized electronic monitoring. The resident's response must
be documented on the notification and consent form.
    (b) A resident or roommate may consent to authorized
electronic monitoring with any conditions of the resident's
choosing, including, but not limited to, the list of standard
conditions provided in paragraph (7) of subsection (b) of
Section 20. A resident or roommate may request that the
electronic monitoring device be turned off or the visual
recording component of the electronic monitoring device be
blocked at any time.
    (c) Prior to the authorized electronic monitoring, a
resident must obtain the written consent of any other resident
residing in the room on the notification and consent form
prescribed by the Department. Except as otherwise provided in
this subsection, a roommate, a roommate's plenary guardian of
the person, or the parent of a roommate under the age of 18
must consent in writing to the authorized electronic monitoring
in the resident's room. If the roommate has not affirmatively
objected to the authorized electronic monitoring in accordance
with subsection (a-5) and the roommate's physician determines
that the roommate lacks the ability to understand and
appreciate the nature and consequences of electronic
monitoring, the following individuals may consent on behalf of
the roommate, in order of priority:
        (1) a health care agent named under the Illinois Power
    of Attorney Act;
        (2) a roommate's resident's representative, as defined
    in Section 5 of this Act;
        (3) the roommate's spouse;
        (4) the roommate's parent;
        (5) the roommate's adult child who has the written
    consent of the other adult children of the resident to act
    as the sole decision maker regarding authorized electronic
    monitoring; or
        (6) the roommate's adult brother or sister who has the
    written consent of the other adult siblings of the resident
    to act as the sole decision maker regarding authorized
    electronic monitoring.
    (c-5) Consent by a roommate under subsection (c) authorizes
the resident's use of any recording obtained under this Act, as
provided in Section 45 of this Act.
    (c-7) Any resident previously conducting authorized
electronic monitoring must obtain consent from any new roommate
before the resident may resume authorized electronic
monitoring. If a new roommate does not consent to authorized
electronic monitoring and the resident conducting the
authorized electronic monitoring does not remove or disable the
electronic monitoring device, the facility shall may turn off
the device.
    (d) Consent may be withdrawn by the resident or roommate at
any time, and the withdrawal of consent shall be documented in
the resident's clinical record. If a roommate withdraws consent
and the resident conducting the authorized electronic
monitoring does not remove or disable the electronic monitoring
device, the facility may turn off the electronic monitoring
device.
    (e) If a resident who is residing in a shared room wants to
conduct authorized electronic monitoring and another resident
living in or moving into the same shared room refuses to
consent to the use of an electronic monitoring device, the
facility shall make a reasonable attempt to accommodate the
resident who wants to conduct authorized electronic
monitoring. A facility has met the requirement to make a
reasonable attempt to accommodate a resident who wants to
conduct authorized electronic monitoring when upon
notification that a roommate has not consented to the use of an
electronic monitoring device in his or her room, the facility
offers to move either resident to another shared room that is
available at the time of the request. If a resident chooses to
reside in a private room in order to accommodate the use of an
electronic monitoring device, the resident must pay the private
room rate. If a facility is unable to accommodate a resident
due to lack of space, the facility must reevaluate the request
every 2 weeks until the request is fulfilled.
(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/25)
    Sec. 25. Cost and installation.
    (a) A resident choosing to conduct authorized electronic
monitoring must do so at his or her own expense, including
paying purchase, installation, maintenance, and removal costs.
    (b) If a resident chooses to install an electronic
monitoring device that uses Internet technology for visual or
audio monitoring, that resident is responsible for contracting
with an Internet service provider.
    (c) The facility shall make a reasonable attempt to
accommodate the resident's installation needs, including, but
not limited to, allowing access to the facility's
telecommunications or equipment room. A facility has the burden
of proving that a requested accommodation is not reasonable.
    (d) The electronic monitoring device must be placed in a
conspicuously visible location in the room.
    (e) A facility may not charge the resident a fee for the
cost of electricity used by an electronic monitoring device.
    (f) All electronic monitoring device installations and
supporting services shall comply with the requirements of the
edition of the National Fire Protection Association (NFPA) 101
Life Safety Code in force at the time of installation and shall
remain in compliance with that or any subsequent edition of
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code
of Federal Regulations National Fire Protection Association
(NFPA) 101 Life Safety Code (2000 edition).
(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/27)
    Sec. 27. Assistance program.
    (a) Subject to appropriation, the Department shall
establish a program to assist residents receiving medical
assistance under Article V of the Illinois Public Aid Code in
accessing authorized electronic monitoring.
    (b) Subject to appropriation, the The Department shall
distribute up to $50,000 in funds on an annual basis to
residents receiving medical assistance under Article V of the
Illinois Public Aid Code for the purchase and installation of
authorized electronic monitoring devices.
    (c) Applications for funds and disbursement of funds must
be made in a manner prescribed by the Department.
(Source: P.A. 99-430, eff. 1-1-16.)
 
    Section 10. The MC/DD Act is amended by adding Section
2-116 and by changing Section 3-318 as follows:
 
    (210 ILCS 46/2-116 new)
    Sec. 2-116. Authorized electronic monitoring of a
resident's room. A resident shall be permitted to conduct
authorized electronic monitoring of the resident's room
through the use of electronic monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Long-Term Care Facilities Act.
 
    (210 ILCS 46/3-318)
    Sec. 3-318. Business offenses.
    (a) No person shall:
        (1) Intentionally fail to correct or interfere with the
    correction of a Type "AA", Type "A", or Type "B" violation
    within the time specified on the notice or approved plan of
    correction under this Act as the maximum period given for
    correction, unless an extension is granted and the
    corrections are made before expiration of extension;
        (2) Intentionally prevent, interfere with, or attempt
    to impede in any way any duly authorized investigation and
    enforcement of this Act;
        (3) Intentionally prevent or attempt to prevent any
    examination of any relevant books or records pertinent to
    investigations and enforcement of this Act;
        (4) Intentionally prevent or interfere with the
    preservation of evidence pertaining to any violation of
    this Act or the rules promulgated under this Act;
        (5) Intentionally retaliate or discriminate against
    any resident or employee for contacting or providing
    information to any state official, or for initiating,
    participating in, or testifying in an action for any remedy
    authorized under this Act;
        (6) Willfully file any false, incomplete or
    intentionally misleading information required to be filed
    under this Act, or willfully fail or refuse to file any
    required information; or
        (7) Open or operate a facility without a license; or .
        (8) Intentionally retaliate or discriminate against
    any resident for consenting to authorized electronic
    monitoring under the Authorized Electronic Monitoring in
    Long-Term Care Facilities Act.
        (9) Prevent the installation or use of an electronic
    monitoring device by a resident who has provided the
    facility with notice and consent as required in Section 20
    of the Authorized Electronic Monitoring in Long-Term Care
    Facilities Act.
    (b) A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise
provided in subsection (2) of Section 3-103 as to submission of
false or misleading information in a license application.
    (c) The State's Attorney of the county in which the
facility is located, or the Attorney General, shall be notified
by the Director of any violations of this Section.
(Source: P.A. 99-180, eff. 7-29-15.)
 
    (210 ILCS 32/65)
    Sec. 65. Rules. The Department shall adopt rules necessary
to administer and enforce any Section of this Act. Rulemaking
shall not delay the full implementation of implement this Act.
(Source: P.A. 99-430, eff. 1-1-16.)
INDEX
Statutes amended in order of appearance
    210 ILCS 32/5
    210 ILCS 32/15
    210 ILCS 32/25
    210 ILCS 32/27
    210 ILCS 46/2-116 new
    210 ILCS 46/3-318