HB1587 104TH GENERAL ASSEMBLY

LRB104 06082 BAB 16115 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1587

Introduced 1/28/2025, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-101	from Ch. 111 1/2, par. 4152-101
210 ILCS 45/2-106.5 new
210 ILCS 49/3-101

Amends the Nursing Home Care Act and the Specialized Mental Health Rehabilitation Act of 2013. Provides that residents of nursing home facilities have the right to outdoor access. Provides that residents of nursing home facilities and consumers served by mental health rehabilitation facilities shall be free to enter and leave the facilities as they choose. Provides that a facility may suspend this right only if the resident's or consumer's physician examines the resident or consumer and determines that leaving the facility would pose a danger to other residents or consumers or an immediate and substantial danger to the resident's or consumer's safety and well-being, which shall be explained to the resident or consumer and documented in the resident's or consumer's medical chart.

A BILL FOR

AN ACT concerning long-term care.

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

Section 5. The Nursing Home Care Act is amended by changing Section 2-101 and by adding Section 2-106.5 as follows:

(210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101)

Sec. 2-101. No resident shall be deprived of any rights, benefits, or privileges guaranteed by State or federal law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of a facility. Residents shall have the right to be treated with courtesy and respect by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care as defined in the State Operations Manual for Long-Term Care Facilities. In accordance with 42 CFR 483.10, residents shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, and outdoor access, accommodated in a timely manner, as defined by the person and agreed upon by the interdisciplinary team. Residents have the right to maintain their autonomy as much as possible.

(Source: P.A. 102-1080, eff. 1-1-23.)

(210 ILCS 45/2-106.5 new)

Sec. 2-106.5. Right to enter and leave a facility. A resident shall be free to enter and leave the facility as the resident chooses. A nursing home may suspend this right only if the resident's physician examines the resident and determines that leaving the facility would pose a danger to other residents or an immediate and substantial danger to the resident's safety and well-being. The physician shall explain to the resident why the resident's right to enter and leave the facility is being suspended, and the reason shall be documented in the resident's medical chart.

Section 10. The Specialized Mental Health Rehabilitation Act of 2013 is amended by changing Section 3-101 as follows:

(210 ILCS 49/3-101)

Sec. 3-101. Consumers' rights. Consumers served by a facility under this Act shall have all the rights guaranteed pursuant to Chapter II, Article I of the Mental Health and Developmental Disabilities Code. Additionally, a consumer has the right to enter and leave the facility as the consumer chooses, unless the consumer's physician examines the consumer and determines that leaving the facility would pose a danger to other consumers or an immediate and substantial danger to the consumer's safety and well-being. The physician shall explain to the consumer why the consumer's right to enter and leave the facility is being suspended, and the reason shall be documented in the consumer's medical chart. , a list of which All consumers' rights shall be prominently posted in English and any other language representing at least 5% of the county population in which the specialized mental health rehabilitation facility is located.

(Source: P.A. 98-104, eff. 7-22-13.)