HB3468 101ST GENERAL ASSEMBLY

LRB101 09959 CPF 55061 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3468

Introduced , by Rep. Monica Bristow

SYNOPSIS AS INTRODUCED:

See Index

Amends the University of Illinois Hospital Act, Alternative Health Care Delivery Act, Ambulatory Surgical Treatment Center Act, Community Living Facilities Licensing Act, Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, Specialized Mental Health Rehabilitation Act of 2013, Hospital Licensing Act, and Community-Integrated Living Arrangements Licensure and Certification Act. Provides that for hospitals, alternative health care models, Community Living Facilities, long-term care facilities, MC/DD facilities, ID/DD facilities, specialized mental health rehabilitation facilities, and community-integrated living arrangements, reasonable efforts must be made to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's, resident's, or consumer's room or to enable the closed captioning feature when requested to do so by a member of the general public or a patient if the television includes a closed captioning feature, or if a staff member deactivates a closed captioning feature unless the deactivation was done so knowingly or intentionally, or if the closed captioning feature is deactivated by specified individuals. Provides that if there is not a television with a closed captioning feature available, then it must be ensured that all televisions obtained for common areas and patient rooms after the effective date of the amendatory Act include a closed captioning feature. Provides that certain provisions concerning closed captioning shall not apply to televisions that are privately owned by a resident or third party and not owned by the facility.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The University of Illinois Hospital Act is amended by adding Section 8b as follows:

(110 ILCS 330/8b new)

Sec. 8b. Closed captioning required. The University of Illinois Hospital must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room or to enable the closed captioning feature when requested to do so by a member of the general public or a patient if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the University of Illinois Hospital's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the University of Illinois Hospital's staff at the request of a patient of the University of Illinois Hospital.

If the University of Illinois Hospital does not have a television that includes a closed captioning feature, then the University of Illinois Hospital must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 10. The Alternative Health Care Delivery Act is amended by adding Section 35.5 as follows:

(210 ILCS 3/35.5 new)

Sec. 35.5. Closed captioning required. An alternative health care model licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the alternative health care model's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the alternative health care model's staff at the request of a patient of the alternative health care model licensed under this Act.

If the alternative health care model licensed under this Act does not have a television that includes a closed captioning feature, then the alternative health care model licensed under this Act must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 15. The Ambulatory Surgical Treatment Center Act is amended by adding Section 7c as follows:

(210 ILCS 5/7c new)

Sec. 7c. Closed captioning required. An ambulatory surgical treatment center licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the ambulatory surgical treatment center's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the ambulatory surgical treatment center's staff at the request of a patient of the ambulatory surgical treatment center licensed under this Act.

If the ambulatory surgical treatment center licensed under this Act does not have a television that includes a closed captioning feature, then the ambulatory surgical treatment center licensed under this Act must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 20. The Community Living Facilities Licensing Act is amended by adding Section 5.5 as follows:

(210 ILCS 35/5.5 new)

Sec. 5.5. Closed captioning required. A Community Living Facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the Community Living Facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the a Community Living Facility's staff at the request of a resident of the Community Living Facility licensed under this Act.

If a Community Living Facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the Community Living Facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the Community Living Facility.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 25. The Nursing Home Care Act is amended by adding Section 3-801.2 as follows:

(210 ILCS 45/3-801.2 new)

Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the facility's staff at the request of a resident of a facility licensed under this Act.

If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 30. The MC/DD Act is amended by adding Section 3-801.2 as follows:

(210 ILCS 46/3-801.2 new)

Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the facility's staff at the request of a resident of a facility licensed under this Act.

If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 35. The ID/DD Community Care Act is amended by adding Section 3-801.2 as follows:

(210 ILCS 47/3-801.2 new)

Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the facility's staff at the request of a resident of a facility licensed under this Act.

If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 40. The Specialized Mental Health Rehabilitation Act of 2013 is amended by adding Section 2-101.5 as follows:

(210 ILCS 49/2-101.5 new)

Sec. 2-101.5. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a consumer's room, or enable the closed captioning feature when requested to do so by a member of the general public or a consumer, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a consumer's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a consumer, or a member of the facility's staff at the request of a consumer of a facility licensed under this Act.

If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 45. The Hospital Licensing Act is amended by adding Section 11.8 as follows:

(210 ILCS 85/11.8 new)

Sec. 11.8. Closed captioning required. A hospital licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the hospital's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the hospital's staff at the request of a patient of a hospital licensed under this Act.

If a hospital licensed under this Act does not have a television that includes a closed captioning feature, then the hospital must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.

Section 50. The Community-Integrated Living Arrangements Licensure and Certification Act is amended by adding Section 10.5 as follows:

(210 ILCS 135/10.5 new)

Sec. 10.5. Closed captioning required. A community-integrated living arrangement certified under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.

It is not a violation of this Section if the closed captioning feature is deactivated by a member of the community-integrated living arrangement's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the community-integrated living arrangement's staff at the request of a resident of a community-integrated living arrangement certified under this Act.

If a community-integrated living arrangement certified under this Act does not have a television in a common area that includes a closed captioning feature, then the community-integrated living arrangement certified under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the community-integrated living arrangement.

As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.