|
Section 15. Applicability. Programs covered by this Act |
include, but are not limited to, health care facilities |
licensed or certified by the Assisted Living and Shared Housing |
Act; Life Care Facilities Act; Nursing Home Care Act; |
Specialized Mental Health Rehabilitation Act of 2013; Home |
Health, Home Services, and Home Nursing Agency Licensing Act; |
Hospice Program Licensing Act; and End Stage Renal Disease |
Facility Act. This Act does not apply to physicians licensed to |
practice medicine in all its branches.
|
Section 20. Alzheimer's disease and related dementias |
services guidelines. |
(a) The Department shall no later than September 1, 2017 |
publish proposed rules to implement this Act. |
(b) The Department shall be granted authority to initiate |
discussions with all affected provider groups, advocate |
organizations, and other individuals and groups identified by |
the Director to be critical to the development of applicable |
rules upon this Act becoming law.
|
Section 25. Covered services, disclosures, prohibition, |
preemption. Upon the adoption of rules implementing this Act: |
(1) Any and all Alzheimer's disease or related |
dementias services shall comply with the Alzheimer's |
disease and related dementias services guidelines, except |
as provided in subsection (d). |
|
(2) Materials defining the philosophy of the services, |
specific services offered, and behavior management tactics |
and drug therapies employed shall be provided upon |
admission or enrollment, or earlier upon request, |
including a disclaimer that the services are not certified |
under the Alzheimer's Disease and Related Dementias |
Special Care Disclosure Act. |
(3) Advertising or verbally offering to provide |
Alzheimer's disease and related dementias services that |
are not in compliance with the requirements set forth in |
this Act is prohibited. |
(4) If a conflict occurs between this Act and the |
Assisted Living and Shared Housing Act, the Nursing Home |
Care Act, or the Alzheimer's Disease and Related Dementias |
Special Care Disclosure Act,
then the Assisted Living and |
Shared Housing Act, the Nursing Home Care Act, or the |
Alzheimer's Disease and Related Dementias Special Care |
Disclosure Act shall prevail.
|
Section 30. Staff training. |
(a) Staff with direct access to clients with Alzheimer's |
disease or a related dementia hired prior to the adoption of |
rules implementing this Act shall receive a minimum of 6 hours |
of initial training within 90 days after the effective date of |
this Act using Alzheimer's disease and related dementias |
services certified by the Department, except as provided in |
|
subsection (c). |
(b) Staff with direct access to clients with Alzheimer's |
disease or a related dementia hired after the adoption of rules |
implementing this Act shall complete a minimum of 6 hours of |
initial training in the first 60 days of employment using an |
Alzheimer's disease and related dementias services curriculum |
certified by the Department, except as provided in subsection |
(c). |
(c) Subsections (a) and (b) shall not apply to the |
following: |
(1) staff who received at least 6 hours of comparable |
training in compliance with licensure or certified |
training requirements; and |
(2) staff temporarily hired or temporarily detailed by |
a facility licensed under the Nursing Home Care Act to |
permit the facility to meet statutory staffing |
requirements. |
(d) An Alzheimer's disease and related dementias services |
curriculum certified by the Department must include at a |
minimum the following topics: understanding dementia, |
effectively communicating with individuals with dementia, |
assisting individuals with dementia in performing activities |
of daily living, problem solving with individuals with dementia |
who exhibit challenging behavior, fundamentals of dementia |
care, safe environments, and managing the activities of |
individuals with dementia. |
|
(e) An individual who received training consistent with the |
requirements of this Section while employed by another program |
or through an educational institution or an individual with 3 |
or more years of experience working with Alzheimer's disease |
and related dementias services may petition the Department for |
a waiver of the initial training requirements set forth in this |
Section. The Department shall evaluate each request on a case |
by case basis. |
(f) Upon the adoption of rules implementing this Act, staff |
with direct access to clients with dementia shall receive 3 |
hours of advanced training on caring for individuals with |
Alzheimer's disease and related dementias each year. |
(g) Upon the adoption of rules implementing this Act, |
Alzheimer's disease and related dementias services program |
employers shall maintain training records and make them |
available to the Department on request.
|
Section 35. Program director. Upon the adoption of rules |
implementing this Act, in addition to the training required |
under Section 30 of this Act, the director of an Alzheimer's |
disease and related dementias services program shall complete |
an Alzheimer's disease and related dementias services |
curriculum from a list compiled by the Department or have 5 |
years of experience as a director of an Alzheimer's disease and |
related dementias services program.
|
|
Section 40. Penalties. |
(a) Any entity licensed, certified, or regulated by the |
State that knowingly holds itself out as a provider of |
Alzheimer's disease and related dementias services and fails to |
comply with this Act is deemed to have violated the statute or |
statutes governing the licensure, certification, or regulation |
of the entity and any contract or agreement the entity has with |
the State. |
(b) Any entity not operated by the federal government or |
any agency thereof or individual not covered by subsection (a) |
that knowingly holds himself, herself, or itself out as a |
provider of Alzheimer's disease and related dementias services |
and fails to comply with this Act is guilty of a business |
offense punishable by a fine of at least $1,001.
|
Section 45. Assessment. Twenty-four months after the |
adoption of rules implementing this Act, the Department shall |
convene a work group made up of experts in Alzheimer's disease |
and related dementias services programming, providers, |
families and caregivers, and other interested parties to assess |
the understanding of and compliance with the Act and rules. The |
work group shall provide the Director and General Assembly with |
recommendations related to this Act and rules. Once the |
recommendations are submitted, the work group shall be |
disbanded.
|
|
Section 90. Repealer. |
(a) This Act is repealed as provided in subsection (b) of |
this Section unless the General Assembly authorizes an |
extension of the Act for an additional period of 36 months. |
(b) Upon the adoption of rules implementing this Act, the |
Department shall file with the Index Department of the Office |
of the Secretary of State a declaration to that effect, and |
shall notify the Clerk of the House of Representatives, the |
Secretary of the Senate, and the Legislative Reference Bureau |
of the filing of the declaration. This Act is repealed 36 |
months after the date specified in the declaration.
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |