093_HB0088re-enr

HB0088 Re-Enrolled                   LRB093 02345 AMC 02704 b

 1        AN ACT in relation to health care.

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

 4        Section   5.    The   Mental   Health  and  Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Sections 4, 7, and 15 as follows:

 7        (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
 8        Sec.   4.  Supervision   of   facilities   and  services;
 9    quarterly reports.
10        (a)  To exercise executive and administrative supervision
11    over all facilities, divisions,  programs  and  services  now
12    existing   or   hereafter   acquired  or  created  under  the
13    jurisdiction of the Department, including,  but  not  limited
14    to, the following:
15             The Alton Mental Health Center, at Alton
16             The  Clyde L. Choate Mental Health and Developmental
17        Center, at Anna
18             The Chester Mental Health Center, at Chester
19             The Chicago-Read Mental Health Center, at Chicago
20             The Elgin Mental Health Center, at Elgin
21             The Metropolitan Children and Adolescents Center, at
22        Chicago
23             The   Jacksonville    Developmental    Center,    at
24        Jacksonville
25             The Governor Samuel H. Shapiro Developmental Center,
26        at Kankakee
27             The Tinley Park Mental Health Center, at Tinley Park
28             The  Warren  G.   Murray  Developmental  Center,  at
29        Centralia
30             The Jack Mabley Developmental Center, at Dixon
31             The Lincoln Developmental Center, at Lincoln
 
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 1             The    H.   Douglas   Singer   Mental   Health   and
 2        Developmental Center, at Rockford
 3             The John J. Madden Mental Health Center, at Chicago
 4             The George A. Zeller Mental Health Center, at Peoria
 5             The  Andrew  McFarland  Mental  Health  Center,   at
 6        Springfield
 7             The Adolf Meyer Mental Health Center, at Decatur
 8             The William W. Fox Developmental Center, at Dwight
 9             The  Elisabeth Ludeman Developmental Center, at Park
10        Forest
11             The William A. Howe Developmental Center, at  Tinley
12        Park
13             The Ann M. Kiley Developmental Center, at Waukegan.
14        (b)  Beginning   not   later   than  July  1,  1977,  the
15    Department shall cause  each  of  the  facilities  under  its
16    jurisdiction  which  provide  in-patient  care to comply with
17    standards, rules and regulations of the Department of  Public
18    Health   prescribed   under  Section  6.05  of  the  Hospital
19    Licensing Act.
20        (c)  The Department  shall  issue  quarterly  reports  on
21    admissions,    deflections,    discharges,    bed   closures,
22    staff-resident ratios, census, and average  length  of  stay,
23    and   any  adverse  federal  certification  or  accreditation
24    findings, if any, for each State-operated  facility  for  the
25    mentally ill and developmentally disabled.
26    (Source: P.A. 91-357, eff. 7-29-99; 91-652, eff. 12-1-99.)

27        (20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
28        Sec.  7.  To  receive  and  provide  the highest possible
29    quality of humane and rehabilitative care  and  treatment  to
30    all   persons   admitted   or  committed  or  transferred  in
31    accordance with law to the facilities,  divisions,  programs,
32    and  services  under  the  jurisdiction of the Department. No
33    resident of another state shall be received  or  retained  to
 
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 1    the  exclusion of any resident of this State.  No resident of
 2    another state shall be received or retained to the  exclusion
 3    of any resident of this State.  All recipients of 17 years of
 4    age  and  under  in  residence in a Department facility other
 5    than a facility for the care of the mentally  retarded  shall
 6    be  housed in quarters separated from older recipients except
 7    for: (a) recipients who are placed in medical-surgical  units
 8    because  of  physical  illness; and (b) recipients between 13
 9    and 18 years of age who need temporary security measures.
10        All recipients in a Department facility shall be given  a
11    dental examination by a licensed dentist or registered dental
12    hygienist at least once every 18 months and shall be assigned
13    to  a  dentist  for  such  dental  care  and  treatment as is
14    necessary.
15        All  medications  administered  to  recipients  shall  be
16    administered only by those persons who are legally  qualified
17    to  do  so  by  the laws of the State of Illinois. Medication
18    shall  not  be  prescribed  until  a  physical   and   mental
19    examination  of  the recipient has been completed. If, in the
20    clinical  judgment  of  a  physician,  it  is  necessary   to
21    administer medication to a recipient before the completion of
22    the  physical  and  mental examination, he may prescribe such
23    medication but he  must  file  a  report  with  the  facility
24    director  setting  forth  the  reasons  for  prescribing such
25    medication within 24 hours of the prescription. A copy of the
26    report shall be part of the recipient's record.
27        No later than January 1, 2005, the Department shall adopt
28    a  model  protocol  and  forms  for  recording  all   patient
29    diagnosis,   care,   and  treatment  at  each  State-operated
30    facility for the mentally ill  and  developmentally  disabled
31    under the jurisdiction of the Department.  The model protocol
32    and   forms  shall  be  used  by  each  facility  unless  the
33    Department determines that equivalent alternatives justify an
34    exemption.
 
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 1        Every facility under the jurisdiction of  the  Department
 2    shall  maintain  a  copy of each report of suspected abuse or
 3    neglect of the patient. Copies of those reports shall be made
 4    available to the State Auditor General in connection with his
 5    biennial program audit of the facility as required by Section
 6    3-2 of the Illinois State Auditing Act.
 7        No later than January 1 2004, the Department shall report
 8    to  the  Governor  and  the  General  Assembly  whether  each
 9    State-operated   facility   for   the   mentally   ill    and
10    developmentally   disabled  under  the  jurisdiction  of  the
11    Department and all  services  provided  in  those  facilities
12    comply  with  all  of the applicable standards adopted by the
13    Social  Security  Administration   under   Subchapter   XVIII
14    (Medicare)   of   the   Social   Security   Act   (42  U.S.C.
15    1395-1395ccc), if the facility and services may  be  eligible
16    for  federal  financial participation under that federal law.
17    For  those  facilities  that  do  comply,  the  report  shall
18    indicate what actions need to be taken  to  ensure  continued
19    compliance.  For  those  facilities  that  do not comply, the
20    report shall indicate what actions need to be taken to  bring
21    each facility into compliance.
22    (Source: P.A. 86-922; 86-1013; 86-1475.)

23        (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
24        Sec.  15.   Before any person is released from a facility
25    operated by the State pursuant to an absolute discharge or  a
26    conditional  discharge  from  hospitalization under this Act,
27    the facility director of the facility in which such person is
28    hospitalized  shall  determine  that  such  person   is   not
29    currently in need of hospitalization and:
30             (a)  is able to live independently in the community;
31        or
32             (b)  requires further oversight and supervisory care
33        for  which  arrangements  have been made with responsible
 
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 1        relatives or supervised residential program  approved  by
 2        the Department; or
 3             (c)  requires   further  personal  care  or  general
 4        oversight as defined by the Nursing Home  Care  Act,  for
 5        which  placement  arrangements  have  been  made  with  a
 6        suitable  family home or other licensed facility approved
 7        by the Department under this Section; or
 8             (d)  requires community mental health  services  for
 9        which arrangements have been made with a community mental
10        health  provider  in accordance with criteria, standards,
11        and procedures promulgated by rule.
12        Such determination shall be made  in  writing  and  shall
13    become  a  part  of the facility record of such absolutely or
14    conditionally  discharged  person.   When  the  determination
15    indicates that the condition of the person to be  granted  an
16    absolute  discharge  or  a conditional discharge is described
17    under subparagraph (c) or (d) of this Section, the  name  and
18    address of the continuing care facility or home to which such
19    person  is  to  be  released shall be entered in the facility
20    record.  Where a discharge from a mental health  facility  is
21    made  under subparagraph (c), the Department shall assign the
22    person  so  discharged  to  an   existing   community   based
23    not-for-profit  agency  for  participation  in day activities
24    suitable to the person's needs, such as but  not  limited  to
25    social and vocational rehabilitation, and other recreational,
26    educational  and  financial  activities  unless the community
27    based not-for-profit agency is  unqualified  to  accept  such
28    assignment.  Where the clientele of any not-for-profit agency
29    increases as a result of assignments  under  this  amendatory
30    Act  of  1977  by  more  than  3%  over  the  prior year, the
31    Department shall fully reimburse such agency for the costs of
32    providing services to such  persons  in  excess  of  such  3%
33    increase. The Department shall keep written records detailing
34    how  many  persons  have  been  assigned to a community based
 
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 1    not-for-profit agency  and  how  many  persons  were  not  so
 2    assigned  because  the  community  based agency was unable to
 3    accept  the  assignments,  in   accordance   with   criteria,
 4    standards,  and  procedures  promulgated by rule.  Whenever a
 5    community based agency is found to be unable  to  accept  the
 6    assignments,  the  name  of the agency and the reason for the
 7    finding shall be included in the report.
 8        Insofar as desirable  in  the  interests  of  the  former
 9    recipient,  the  facility,  program  or  home  in  which  the
10    discharged person is to be placed shall be located in or near
11    the   community   in   which  the  person  resided  prior  to
12    hospitalization or in the community  in  which  the  person's
13    family  or nearest next of kin presently reside. Placement of
14    the  discharged  person  in  facilities,  programs  or  homes
15    located outside of this  State  shall  not  be  made  by  the
16    Department   unless  there  are  no  appropriate  facilities,
17    programs or homes available within this  State.  Out-of-state
18    placements shall be subject to return of recipients so placed
19    upon the availability of facilities, programs or homes within
20    this  State  to  accommodate  these  recipients, except where
21    placement  in  a  contiguous  state  results  in  locating  a
22    recipient in a facility or program closer to the  recipient's
23    home  or  family.   If  an  appropriate  facility  or program
24    becomes available equal to or closer to the recipient's  home
25    or  family,  the recipient shall be returned to and placed at
26    the appropriate facility or program within this State.
27        To place any  person  who  is  under  a  program  of  the
28    Department  at  board  in  a  suitable family home or in such
29    other facility or program  as  the  Department  may  consider
30    desirable.   The  Department  may  place  in licensed nursing
31    homes, sheltered care homes, or  homes  for  the  aged  those
32    persons  whose  behavioral  manifestations  and  medical  and
33    nursing   care   needs   are  such  as  to  be  substantially
34    indistinguishable  from  persons  already  living   in   such
 
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 1    facilities.   Prior  to any placement by the Department under
 2    this Section, a determination shall be made by the  personnel
 3    of  the  Department,  as to the capability and suitability of
 4    such facility to adequately meet the needs of the  person  to
 5    be  discharged.   When  specialized programs are necessary in
 6    order to enable persons  in  need  of  supervised  living  to
 7    develop  and  improve  in the community, the Department shall
 8    place such  persons  only  in  specialized  residential  care
 9    facilities  which  shall  meet Department standards including
10    restricted admission policy, special staffing and programming
11    for social and vocational rehabilitation, in addition to  the
12    requirements  of the appropriate State licensing agency.  The
13    Department shall not place any new person in a  facility  the
14    license  of  which has been revoked or not renewed on grounds
15    of inadequate programming, staffing, or medical or adjunctive
16    services,  regardless  of  the  pendency  of  an  action  for
17    administrative review regarding such revocation or failure to
18    renew. Before the Department may transfer  any  person  to  a
19    licensed  nursing  home,  sheltered care home or home for the
20    aged or place any person in a  specialized  residential  care
21    facility  the  Department  shall  notify  the  person  to  be
22    transferred,  or  a  responsible  relative of such person, in
23    writing, at least 30 days before the proposed transfer,  with
24    respect  to  all the relevant facts concerning such transfer,
25    except  in  cases  of  emergency  when  such  notice  is  not
26    required. If  either  the  person  to  be  transferred  or  a
27    responsible relative of such person objects to such transfer,
28    in  writing  to  the Department, at any time after receipt of
29    notice and before the transfer, the facility director of  the
30    facility   in   which   the  person  was  a  recipient  shall
31    immediately schedule a  hearing  at  the  facility  with  the
32    presence of the facility director, the person who objected to
33    such  proposed  transfer,  and a psychiatrist who is familiar
34    with the record of the person to be transferred. Such  person
 
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 1    to   be   transferred   or  a  responsible  relative  may  be
 2    represented by such counsel or interested  party  as  he  may
 3    appoint,  who  may present such testimony with respect to the
 4    proposed transfer. Testimony presented at such hearing  shall
 5    become    a    part   of   the   facility   record   of   the
 6    person-to-be-transferred. The record of  testimony  shall  be
 7    held  in the person-to-be-transferred's record in the central
 8    files of the facility. If such hearing is held a transfer may
 9    only be implemented,  if  at  all,  in  accordance  with  the
10    results  of  such  hearing. Within 15 days after such hearing
11    the facility director shall deliver his findings based on the
12    record of  the  case  and  the  testimony  presented  at  the
13    hearing,  by  registered or certified mail, to the parties to
14    such hearing. The findings of the facility director shall  be
15    deemed a final administrative decision of the Department. For
16    purposes  of  this  Section,  "case of emergency" means those
17    instances in which the health of the person to be transferred
18    is imperiled and the most appropriate mental health  care  or
19    medical  care  is  available  at  a  licensed  nursing  home,
20    sheltered  care  home  or  home for the aged or a specialized
21    residential care facility.
22        Prior to placement of any person in a facility under this
23    Section the  Department  shall  ensure  that  an  appropriate
24    training  plan  for  staff  is provided by the facility. Said
25    training  may  include  instruction  and   demonstration   by
26    Department  personnel qualified in the area of mental illness
27    or mental retardation, as applicable  to  the  person  to  be
28    placed.   Training  may  be  given  both at the facility from
29    which the  recipient  is  transferred  and  at  the  facility
30    receiving the recipient, and may be available on a continuing
31    basis  subsequent  to  placement.   In  a  facility providing
32    services to former Department recipients, training  shall  be
33    available  as  necessary  for  facility staff.  Such training
34    will be on a continuing basis as the needs  of  the  facility
 
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 1    and recipients change and further training is required.
 2        The  Department  shall not place any person in a facility
 3    which does not have appropriately trained staff in sufficient
 4    numbers to accommodate the recipient  population  already  at
 5    the facility.  As a condition of further or future placements
 6    of  persons,  the  Department shall require the employment of
 7    additional trained staff members at the facility  where  said
 8    persons  are  to  be  placed.   The  Secretary, or his or her
 9    designate, shall establish written guidelines  for  placement
10    of persons in facilities under this Act. The Department shall
11    keep  written  records  detailing  which facilities have been
12    determined to have staff who have been appropriately  trained
13    by  the  Department and all training which it has provided or
14    required under this Section.
15        Bills for the support for a person boarded out  shall  be
16    payable monthly out of the proper maintenance funds and shall
17    be  audited  as  any  other accounts of the Department.  If a
18    person is  placed  in  a  facility  or  program  outside  the
19    Department,  the  Department  may  pay  the  actual  costs of
20    residence, treatment or maintenance in such facility and  may
21    collect  such  actual  costs  or  a  portion thereof from the
22    recipient or the estate of a person placed in accordance with
23    this Section.
24        Other than those placed in a family home  the  Department
25    shall  cause  all  persons  who  are placed in a facility, as
26    defined by the  Nursing  Home  Care  Act,  or  in  designated
27    community  living  situations  or  programs, to be visited at
28    least once during the first month  following  placement,  and
29    once  every  month  thereafter  for  the first year following
30    placement when indicated, but at least quarterly.  After  the
31    first  year, the Department shall determine at what point the
32    appropriate licensing entity for the facility  or  designated
33    community   living  situation  or  program  will  assume  the
34    responsibility of  ensuring  that  appropriate  services  are
 
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 1    being  provided to the resident.  Once that responsibility is
 2    assumed, the Department may discontinue such  visits.   If  a
 3    long  term  care facility has periodic care plan conferences,
 4    the visitor may participate in  those  conferences,  if  such
 5    participation  is  approved by the resident or the resident's
 6    guardian. Visits shall  be  made  by  qualified  and  trained
 7    Department  personnel,  or  their  designee,  in  the area of
 8    mental health or developmental disabilities applicable to the
 9    person visited, and shall be made on a  more  frequent  basis
10    when  indicated.   The Department may not use as designee any
11    personnel   connected   with   or    responsible    to    the
12    representatives  of  any  facility  in which persons who have
13    been transferred under this  Section  are  placed.    In  the
14    course  of  such  visit  there  shall be consideration of the
15    following  areas,  but  not  limited  thereto:   effects   of
16    transfer  on  physical  and  mental  health  of  the  person,
17    sufficiency  of nursing care and medical coverage required by
18    the person, sufficiency of staff  personnel  and  ability  to
19    provide  basic  care for the person, social, recreational and
20    programmatic activities available for the person,  and  other
21    appropriate aspects of the person's environment.
22        A  report containing the above observations shall be made
23    to the Department, to the licensing agency, and to any  other
24    appropriate agency subsequent to each visitation.  The report
25    shall   contain  recommendations  to  improve  the  care  and
26    treatment of the  resident,  as  necessary,  which  shall  be
27    reviewed  by  the  facility's  interdisciplinary team and the
28    resident or the resident's legal guardian. At the  conclusion
29    of one year following absolute or conditional discharge, or a
30    longer  period  of  time  if  required by the Department, the
31    Department may terminate the visitation requirements of  this
32    Section  as  to  a  person  placed  in  accordance  with this
33    Section, by filing a written statement of termination setting
34    forth reasons to substantiate the termination of  visitations
 
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 1    in  the  person's  file,  and  sending  a copy thereof to the
 2    person, and to his guardian or next of kin.
 3        Upon the complaint of any  person  placed  in  accordance
 4    with   this  Section  or  any  responsible  citizen  or  upon
 5    discovery that such person has  been  abused,  neglected,  or
 6    improperly  cared for, or that the placement does not provide
 7    the  type  of  care  required  by  the  recipient's   current
 8    condition,  the Department immediately shall investigate, and
 9    determine if the well-being, health, care, or safety  of  any
10    person  is  affected  by any of the above occurrences, and if
11    any one of the above occurrences is verified, the  Department
12    shall  remove  such  person  at  once  to  a  facility of the
13    Department or to another  facility  outside  the  Department,
14    provided  such  person's  needs  can be met at said facility.
15    The  Department  may  also  provide  any  person  placed   in
16    accordance  with this Section who is without available funds,
17    and who is permitted to  engage  in  employment  outside  the
18    facility,   such  sums  for  the  transportation,  and  other
19    expenses as may be needed by him until he receives his  wages
20    for such employment.
21        The  Department  shall  promulgate  rules and regulations
22    governing the purchase of care for persons who are  wards  of
23    or  who  are  receiving  services  from the Department.  Such
24    rules and regulations shall apply to all monies  expended  by
25    any  agency of the State of Illinois for services rendered by
26    any person, corporate entity, agency, governmental agency  or
27    political  subdivision  whether  public or private outside of
28    the Department whether payment is made through a contractual,
29    per-diem or other arrangement.  No funds shall be paid to any
30    person, corporation, agency, governmental entity or political
31    subdivision  without   compliance   with   such   rules   and
32    regulations.
33        The  rules  and  regulations  governing  purchase of care
34    shall  describe  categories  and  types  of  service   deemed
 
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 1    appropriate for purchase by the Department.
 2        Any  provider  of  services  under  this Act may elect to
 3    receive payment for those services,  and  the  Department  is
 4    authorized  to  arrange  for that payment, by means of direct
 5    deposit  transmittals  to  the  service  provider's   account
 6    maintained  at a bank, savings and loan association, or other
 7    financial institution.  The financial  institution  shall  be
 8    approved  by  the  Department,  and  the deposits shall be in
 9    accordance  with  rules  and  regulations  adopted   by   the
10    Department.
11    (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)

12        Section  10.   The  Abused  and  Neglected Long Term Care
13    Facility Residents  Reporting  Act  is  amended  by  changing
14    Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8 as follows:

15        (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
16        (Section scheduled to be repealed on January 1, 2004)
17        Sec. 6.2.  Inspector General.
18        (a)  The  Governor  shall  appoint,  and the Senate shall
19    confirm, an Inspector General.  The Inspector  General  shall
20    be  appointed  for  a  term of 4 years and who shall function
21    within the Department of Human Services  and  report  to  the
22    Secretary  of  Human Services and the Governor. The Inspector
23    General shall function independently within the Department of
24    Human Services with respect to the operations of the  office,
25    including  the  performance of investigations and issuance of
26    findings and  recommendations.   The  appropriation  for  the
27    Office  of  Inspector  General  shall  be  separate  from the
28    overall appropriation for the Department of  Human  Services.
29    The  Inspector General shall investigate reports of suspected
30    abuse or neglect (as those terms are defined in Section 3  of
31    this  Act)  of  patients or residents in any mental health or
32    developmental   disabilities   facility   operated   by   the
 
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 1    Department of Human Services  and  shall  have  authority  to
 2    investigate  and take immediate action on reports of abuse or
 3    neglect of recipients, whether patients or residents, in  any
 4    mental  health  or  developmental  disabilities  facility  or
 5    program  that  is  licensed or certified by the Department of
 6    Human Services (as successor  to  the  Department  of  Mental
 7    Health  and  Developmental Disabilities) or that is funded by
 8    the  Department  of  Human  Services  (as  successor  to  the
 9    Department of Mental Health and  Developmental  Disabilities)
10    and  is not licensed or certified by any agency of the State.
11    At the specific, written request of an agency  of  the  State
12    other  than the Department of Human Services (as successor to
13    the   Department   of   Mental   Health   and   Developmental
14    Disabilities),  the  Inspector  General  may   cooperate   in
15    investigating  reports  of  abuse and neglect of persons with
16    mental illness or persons  with  developmental  disabilities.
17    The  Inspector  General  shall  have  no  supervision over or
18    involvement   in   routine,   programmatic,   licensure,   or
19    certification operations of the Department of Human  Services
20    or any of its funded agencies.
21        The Inspector General shall promulgate rules establishing
22    minimum  requirements  for reporting allegations of abuse and
23    neglect   and   initiating,   conducting,   and    completing
24    investigations.   The  promulgated  rules  shall  clearly set
25    forth that in instances where 2 or more State agencies  could
26    investigate  an allegation of abuse or neglect, the Inspector
27    General shall not conduct an investigation that is  redundant
28    to  an  investigation  conducted by another State agency. The
29    rules shall establish criteria for  determining,  based  upon
30    the  nature  of  the  allegation,  the  appropriate method of
31    investigation, which may include, but need not be limited to,
32    site visits, telephone  contacts,  or  requests  for  written
33    responses from agencies. The rules shall also clarify how the
34    Office  of  the  Inspector  General  shall  interact with the
 
HB0088 Re-Enrolled            -14-   LRB093 02345 AMC 02704 b
 1    licensing  unit  of  the  Department  of  Human  Services  in
 2    investigations of  allegations  of  abuse  or  neglect.   Any
 3    allegations  or  investigations  of  reports made pursuant to
 4    this Act shall remain confidential until a  final  report  is
 5    completed.  The  resident or patient who allegedly was abused
 6    or neglected and his or her legal guardian shall be  informed
 7    by  the  facility or agency of the report of alleged abuse or
 8    neglect. Final reports regarding unsubstantiated or unfounded
 9    allegations shall  remain  confidential,  except  that  final
10    reports may be disclosed pursuant to Section 6 of this Act.
11        The  Inspector General shall be appointed for a term of 4
12    years.
13        When  the   Office   of   the   Inspector   General   has
14    substantiated  a  case  of  abuse  or  neglect, the Inspector
15    General shall include in the final report any  mitigating  or
16    aggravating  circumstances  that  were  identified during the
17    investigation.  Upon determination that a report  of  neglect
18    is  substantiated, the Inspector General shall then determine
19    whether such neglect rises to the level of egregious neglect.
20        (b)  The Inspector General shall within  24  hours  after
21    receiving  a  report  of suspected abuse or neglect determine
22    whether the evidence indicates that any possible criminal act
23    has been committed. If he determines that a possible criminal
24    act has been committed, or that special expertise is required
25    in  the  investigation,  he  shall  immediately  notify   the
26    Department  of  State Police.  The Department of State Police
27    shall investigate any report indicating  a  possible  murder,
28    rape,  or  other  felony. All investigations conducted by the
29    Inspector General shall be conducted in a manner designed  to
30    ensure  the  preservation  of  evidence for possible use in a
31    criminal prosecution.
32        (b-5)  The Inspector General shall make  a  determination
33    to accept or reject a preliminary report of the investigation
34    of   alleged   abuse   or   neglect   based   on  established
 
HB0088 Re-Enrolled            -15-   LRB093 02345 AMC 02704 b
 1    investigative procedures. Notice of the  Inspector  General's
 2    determination  must  be  given to the person who claims to be
 3    the victim of the abuse or neglect, to the person or  persons
 4    alleged to have been responsible for abuse or neglect, and to
 5    the  facility or agency. The facility or agency or the person
 6    or persons alleged to have been responsible for the abuse  or
 7    neglect  and  the  person  who claims to be the victim of the
 8    abuse or neglect may request clarification or reconsideration
 9    based  on  additional  information.   For  cases  where   the
10    allegation   of   abuse  or  neglect  is  substantiated,  the
11    Inspector General shall require the  facility  or  agency  to
12    submit  a  written  response.   The  written  response from a
13    facility or agency shall address in a  concise  and  reasoned
14    manner  the  actions that the agency or facility will take or
15    has taken to protect the resident or patient  from  abuse  or
16    neglect,   prevent   reoccurrences,  and  eliminate  problems
17    identified and shall include  implementation  and  completion
18    dates for all such action.
19        (c)  The Inspector General shall, within 10 calendar days
20    after the transmittal date of a completed investigation where
21    abuse or neglect is substantiated or administrative action is
22    recommended,  provide  a  complete  report on the case to the
23    Secretary of Human Services and to the agency  in  which  the
24    abuse  or  neglect  is alleged to have happened. The complete
25    report shall include a written response from  the  agency  or
26    facility  operated by the State to the Inspector General that
27    addresses in a concise and reasoned manner the  actions  that
28    the  agency or facility will take or has taken to protect the
29    resident  or  patient  from   abuse   or   neglect,   prevent
30    reoccurrences,  and  eliminate  problems identified and shall
31    include implementation and  completion  dates  for  all  such
32    action.   The  Secretary  of  Human  Services shall accept or
33    reject the response and establish  how  the  Department  will
34    determine  whether  the  facility  or  program  followed  the
 
HB0088 Re-Enrolled            -16-   LRB093 02345 AMC 02704 b
 1    approved  response.   The  Secretary  may  require Department
 2    personnel to visit  the  facility  or  agency  for  training,
 3    technical    assistance,    programmatic,    licensure,    or
 4    certification  purposes.   Administrative  action,  including
 5    sanctions,  may  be  applied  should the Secretary reject the
 6    response or should the facility or agency fail to follow  the
 7    approved  response.    Within 30 days after the Secretary has
 8    approved a  response,  the  facility  or  agency  making  the
 9    response  shall  provide  an  implementation  report  to  the
10    Inspector  General  on  the  status  of the corrective action
11    implemented. Within 60 days after the Secretary has  approved
12    the response, the facility or agency shall send notice of the
13    completion  of the corrective action or shall send an updated
14    implementation report. The facility or agency shall  continue
15    sending  updated  implementation  reports every 60 days until
16    the facility or agency sends a notice of  the  completion  of
17    the corrective action. The Inspector General shall review any
18    implementation  plan  that  takes  more  than  120  days. The
19    Inspector General shall monitor compliance through  a  random
20    review  of  completed corrective actions. This monitoring may
21    include, but need not be limited to, site  visits,  telephone
22    contacts,  or  requests  for  written  documentation from the
23    facility or agency  to  determine  whether  the  facility  or
24    agency  is  in  compliance  with  the approved response.  The
25    facility or agency shall inform the resident or  patient  and
26    the  legal  guardian  whether  the  reported  allegation  was
27    substantiated, unsubstantiated, or unfounded.  There shall be
28    an  appeals  process for any person or agency that is subject
29    to any action based on a recommendation or recommendations.
30        (d)  The  Inspector  General   may   recommend   to   the
31    Departments  of Public Health and Human Services sanctions to
32    be  imposed   against   mental   health   and   developmental
33    disabilities   facilities   under  the  jurisdiction  of  the
34    Department of Human Services for the protection of residents,
 
HB0088 Re-Enrolled            -17-   LRB093 02345 AMC 02704 b
 1    including  appointment  of  on-site  monitors  or  receivers,
 2    transfer or relocation of residents, and  closure  of  units.
 3    The Inspector General may seek the assistance of the Attorney
 4    General  or  any of the several State's attorneys in imposing
 5    such sanctions.  Whenever the Inspector  General  issues  any
 6    recommendations  to  the  Secretary  of  Human  Services, the
 7    Secretary shall provide a written response.
 8        (e)  The Inspector General shall  establish  and  conduct
 9    periodic  training  programs for Department of Human Services
10    employees concerning the prevention and reporting of  neglect
11    and abuse.
12        (f)  The  Inspector General shall at all times be granted
13    access to any mental  health  or  developmental  disabilities
14    facility  operated by the Department of Human Services, shall
15    establish  and  conduct  unannounced  site  visits  to  those
16    facilities at least  once  annually,  and  shall  be  granted
17    access, for the purpose of investigating a report of abuse or
18    neglect,  to  the records of the Department of Human Services
19    and to any facility or program funded by  the  Department  of
20    Human  Services  that is subject under the provisions of this
21    Section to investigation  by  the  Inspector  General  for  a
22    report of abuse or neglect.
23        (g)  Nothing  in  this Section shall limit investigations
24    by the Department of Human Services  that  may  otherwise  be
25    required by law or that may be necessary in that Department's
26    capacity  as the central administrative authority responsible
27    for the operation of State mental  health  and  developmental
28    disability facilities.
29        (g-5)  After notice and an opportunity for a hearing that
30    is  separate  and  distinct  from the Office of the Inspector
31    General's appeals process as implemented under subsection (c)
32    of this Section, the Inspector General shall  report  to  the
33    Department  of  Public  Health's  nurse  aide  registry under
34    Section 3-206.01 of the Nursing Home Care Act the identity of
 
HB0088 Re-Enrolled            -18-   LRB093 02345 AMC 02704 b
 1    individuals against  whom  there  has  been  a  substantiated
 2    finding of physical or sexual abuse or egregious neglect of a
 3    service recipient.
 4        Nothing  in  this subsection shall diminish or impair the
 5    rights of a person who is a member of a collective bargaining
 6    unit pursuant to the Illinois Public Labor Relations  Act  or
 7    pursuant to any federal labor statute. An individual who is a
 8    member  of  a  collective  bargaining unit as described above
 9    shall not be reported to the Department  of  Public  Health's
10    nurse aide registry until the exhaustion of that individual's
11    grievance and arbitration rights, or until 3 months after the
12    initiation  of the grievance process, whichever occurs first,
13    provided that the Department of Human Services' hearing under
14    subsection (c), that is separate and distinct from the Office
15    of the Inspector General's appeals  process,  has  concluded.
16    Notwithstanding  anything hereinafter or previously provided,
17    if an action taken by an employer against an individual as  a
18    result of the circumstances that led to a finding of physical
19    or  sexual  abuse  or  egregious  neglect is later overturned
20    under a grievance or arbitration procedure  provided  for  in
21    Section 8 of the Illinois Public Labor Relations Act or under
22    a collective bargaining agreement, the report must be removed
23    from the registry.
24        The  Department  of  Human  Services  shall promulgate or
25    amend  rules  as  necessary  or  appropriate   to   establish
26    procedures  for  reporting  to  the  registry,  including the
27    definition of egregious neglect, procedures for notice to the
28    individual and victim, appeal  and  hearing  procedures,  and
29    petition  for  removal  of  the report from the registry. The
30    portion of the rules pertaining  to  hearings  shall  provide
31    that,  at  the  hearing, both parties may present written and
32    oral evidence. The Department shall be required to  establish
33    by  a  preponderance  of  the evidence that the Office of the
34    Inspector General's finding of physical or  sexual  abuse  or
 
HB0088 Re-Enrolled            -19-   LRB093 02345 AMC 02704 b
 1    egregious  neglect  warrants  reporting  to the Department of
 2    Public Health's nurse aide registry under Section 3-206.01 of
 3    the Nursing Home Care Act.
 4        Notice to  the  individual  shall  include  a  clear  and
 5    concise  statement  of the grounds on which the report to the
 6    registry is based and notice of the opportunity for a hearing
 7    to contest the report. The Department of Human Services shall
 8    provide the notice  by  certified  mail  to  the  last  known
 9    address   of  the  individual.  The  notice  shall  give  the
10    individual an opportunity to contest the report in a  hearing
11    before  the  Department  of  Human  Services  or  to submit a
12    written response to the  findings  instead  of  requesting  a
13    hearing.  If  the individual does not request a hearing or if
14    after notice and a hearing the Department of  Human  Services
15    finds that the report is valid, the finding shall be included
16    as  part  of  the registry, as well as a brief statement from
17    the reported individual if  he  or  she  chooses  to  make  a
18    statement.   The  Department  of  Public  Health  shall  make
19    available to the public information reported to the registry.
20    In a case of inquiries concerning an individual listed in the
21    registry, any information disclosed concerning a  finding  of
22    abuse  or  neglect  shall  also  include  disclosure  of  the
23    individual's  brief statement in the registry relating to the
24    reported finding or include a clear and accurate  summary  of
25    the statement.
26        At  any  time  after  the  report  of  the  registry,  an
27    individual  may petition the Department of Human Services for
28    removal from the registry of the finding against him or  her.
29    Upon  receipt  of  such  a  petition, the Department of Human
30    Services shall conduct an investigation and  hearing  on  the
31    petition.   Upon completion of the investigation and hearing,
32    the Department of Human Services shall report the removal  of
33    the  finding  to  the registry unless the Department of Human
34    Services  determines  that  removal  is  not  in  the  public
 
HB0088 Re-Enrolled            -20-   LRB093 02345 AMC 02704 b
 1    interest.
 2        (h)  This Section is repealed on January 1, 2004.
 3    (Source: P.A. 91-169, eff.  7-16-99;  92-358,  eff.  8-15-01;
 4    92-473, eff. 1-1-02; 92-651, eff. 7-11-02.)

 5        (210 ILCS 30/6.3) (from Ch. 111 1/2, par. 4166.3)
 6        (Section scheduled to be repealed on January 1, 2004)
 7        Sec.  6.3.  Quality Care Board.  There is created, within
 8    the Department of Human Services'  Office  of  the  Inspector
 9    General,  a  Quality  Care  Board to be composed of 7 members
10    appointed by the Governor with the advice and consent of  the
11    Senate.   One  of the members shall be designated as chairman
12    by the Governor.  Of the initial  appointments  made  by  the
13    Governor,  4 Board members shall each be appointed for a term
14    of 4 years and 3 members shall each be appointed for  a  term
15    of  2  years.   Upon  the expiration of each member's term, a
16    successor shall be appointed for a term of 4 years.   In  the
17    case  of  a vacancy in the office of any member, the Governor
18    shall appoint a successor for the remainder of the  unexpired
19    term.
20        Members  appointed  by the Governor shall be qualified by
21    professional knowledge or experience  in  the  area  of  law,
22    investigatory  techniques,  or  in  the  area  of care of the
23    mentally  ill  or  developmentally  disabled.   Two   members
24    appointed  by the Governor shall be persons with a disability
25    or a parent of a person with  a  disability.   Members  shall
26    serve  without  compensation,  but  shall  be  reimbursed for
27    expenses incurred in connection with the performance of their
28    duties as members.
29        The Board  shall  meet  quarterly,  and  may  hold  other
30    meetings  on  the  call  of the chairman.  Four members shall
31    constitute  a  quorum.   The  Board  may  adopt   rules   and
32    regulations it deems necessary to govern its own procedures.
33        This Section is repealed on January 1, 2004.
 
HB0088 Re-Enrolled            -21-   LRB093 02345 AMC 02704 b
 1    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

 2        (210 ILCS 30/6.4) (from Ch. 111 1/2, par. 4166.4)
 3        (Section scheduled to be repealed on January 1, 2004)
 4        Sec.  6.4.  Scope and function of the Quality Care Board.
 5    The Board shall monitor and oversee the operations, policies,
 6    and procedures of the Inspector General to assure the  prompt
 7    and  thorough  investigation  of  allegations  of neglect and
 8    abuse.  In fulfilling these responsibilities, the  Board  may
 9    do the following:
10             (1)  Provide independent, expert consultation to the
11        Inspector   General   on   policies   and  protocols  for
12        investigations of alleged neglect and abuse.
13             (2)  Review existing  regulations  relating  to  the
14        operation   of   facilities  under  the  control  of  the
15        Department of Human Services.
16             (3)  Advise the Inspector General as to the  content
17        of training activities authorized under Section 6.2.
18             (4)  Recommend   policies   concerning  methods  for
19        improving the intergovernmental relationships between the
20        office of  the  Inspector  General  and  other  State  or
21        federal agencies.
22        This Section is repealed on January 1, 2004.
23    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

24        (210 ILCS 30/6.5) (from Ch. 111 1/2, par. 4166.5)
25        (Section scheduled to be repealed on January 1, 2004)
26        Sec.  6.5.  Investigators.   Within  60  days  after  the
27    effective  date of this amendatory Act of 1992, The Inspector
28    General shall establish a  comprehensive  program  to  ensure
29    that   every  person  employed  or  newly  hired  to  conduct
30    investigations shall receive training on  an  on-going  basis
31    concerning  investigative  techniques,  communication skills,
32    and the appropriate means of contact with persons admitted or
 
HB0088 Re-Enrolled            -22-   LRB093 02345 AMC 02704 b
 1    committed to the mental health or developmental  disabilities
 2    facilities  under the jurisdiction of the Department of Human
 3    Services.
 4        This Section is repealed on January 1, 2004.
 5    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

 6        (210 ILCS 30/6.6) (from Ch. 111 1/2, par. 4166.6)
 7        (Section scheduled to be repealed on January 1, 2004)
 8        Sec. 6.6.  Subpoenas; testimony; penalty.  The  Inspector
 9    General shall have the power to subpoena witnesses and compel
10    the   production   of   books  and  papers  pertinent  to  an
11    investigation authorized by this Act, provided that the power
12    to subpoena or to compel the production of books  and  papers
13    shall  not  extend  to  the  person  or  documents of a labor
14    organization or its representatives insofar as the person  or
15    documents  of  a labor organization relate to the function of
16    representing an employee subject to investigation under  this
17    Act.  Mental health records of patients shall be confidential
18    as   provided  under  the  Mental  Health  and  Developmental
19    Disabilities Confidentiality Act.  Any person  who  fails  to
20    appear in response to a subpoena or to answer any question or
21    produce  any  books  or  papers pertinent to an investigation
22    under this Act, except as otherwise provided in this Section,
23    or who knowingly gives false  testimony  in  relation  to  an
24    investigation   under  this  Act  is  guilty  of  a  Class  A
25    misdemeanor.
26        This Section is repealed on January 1, 2004.
27    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

28        (210 ILCS 30/6.7) (from Ch. 111 1/2, par. 4166.7)
29        (Section scheduled to be repealed on January 1, 2004)
30        Sec. 6.7.  Annual report.  The  Inspector  General  shall
31    provide  to  the  General Assembly and the Governor, no later
32    than January 1  of  each  year,  a  summary  of  reports  and
 
HB0088 Re-Enrolled            -23-   LRB093 02345 AMC 02704 b
 1    investigations  made under this Act for the prior fiscal year
 2    with  respect  to  residents  of   institutions   under   the
 3    jurisdiction of the Department of Human Services.  The report
 4    shall  detail  the  imposition  of  sanctions  and  the final
 5    disposition of those recommendations.   The  summaries  shall
 6    not  contain  any  confidential  or  identifying  information
 7    concerning  the  subjects  of the reports and investigations.
 8    The report shall also include a trend analysis of the  number
 9    of  reported  allegations  and  their  disposition,  for each
10    facility and Department-wide, for the most recent 3-year time
11    period  and  a  statement,  for   each   facility,   of   the
12    staffing-to-patient  ratios.   The  ratios shall include only
13    the number of direct  care  staff.   The  report  shall  also
14    include   detailed  recommended  administrative  actions  and
15    matters for consideration by the General Assembly.
16        This Section is repealed on January 1, 2004.
17    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.)

18        (210 ILCS 30/6.8) (from Ch. 111 1/2, par. 4166.8)
19        (Section scheduled to be repealed on January 1, 2004)
20        Sec. 6.8.  Program  audit.   The  Auditor  General  shall
21    conduct  a  biennial  program  audit  of  the  office  of the
22    Inspector General in  relation  to  the  Inspector  General's
23    compliance  with  this  Act.   The  audit  shall specifically
24    include   the   Inspector    General's    effectiveness    in
25    investigating   reports   of  alleged  neglect  or  abuse  of
26    residents in any facility operated by the Department of Human
27    Services and in making recommendations for sanctions  to  the
28    Departments of Human Services and Public Health.  The Auditor
29    General  shall  conduct  the  program  audit according to the
30    provisions of the  Illinois  State  Auditing  Act  and  shall
31    report  its  findings  to  the General Assembly no later than
32    January 1 of each odd-numbered year.
33        This Section is repealed on January 1, 2004.
 
HB0088 Re-Enrolled            -24-   LRB093 02345 AMC 02704 b
 1    (Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01.).

 2        Section 15.  The Nursing Home  Care  Act  is  amended  by
 3    changing Sections 2-106 and 2-106.1 as follows:

 4        (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
 5        Sec. 2-106.  (a) For purposes of this Act, (i) a physical
 6    restraint  is  any  manual  method  or physical or mechanical
 7    device, material, or equipment  attached  or  adjacent  to  a
 8    resident's  body  that  the resident cannot remove easily and
 9    restricts freedom of movement or normal access to one's body.
10    Devices used for positioning, including but  not  limited  to
11    bed  rails, gait belts, and cushions, shall not be considered
12    to be restraints for purposes of  this  Section;      (ii)  a
13    chemical  restraint  is  any  drug  used  for  discipline  or
14    convenience  and not required to treat medical symptoms.  The
15    Department  shall  by  rule,  designate  certain  devices  as
16    restraints, including at least all those devices  which  have
17    been  determined  to  be  restraints  by  the  United  States
18    Department  of  Health  and  Human  Services  in interpretive
19    guidelines issued for the purposes of administering Titles 18
20    and 19 of the Social Security Acts.
21        (b)  Neither  restraints  nor   confinements   shall   be
22    employed for the purpose of punishment or for the convenience
23    of  any  facility  personnel.  No  restraints or confinements
24    shall be employed  except  as  ordered  by  a  physician  who
25    documents the need for such restraints or confinements in the
26    resident's  clinical  record.   Each  facility licensed under
27    this Act must have a written policy to  address  the  use  of
28    restraints  and seclusion.  The Department shall establish by
29    rule the provisions that the policy must include,  which,  to
30    the   extent  practicable,  should  be  consistent  with  the
31    requirements  for  participation  in  the  federal   Medicare
32    program.   Each  policy  shall include periodic review of the
 
HB0088 Re-Enrolled            -25-   LRB093 02345 AMC 02704 b
 1    use of restraints.
 2        (c)  A restraint may  be  used  only  with  the  informed
 3    consent  of  the  resident, the resident's guardian, or other
 4    authorized representative.  A restraint may be used only  for
 5    specific  periods,  if  it  is  the  least  restrictive means
 6    necessary to  attain  and  maintain  the  resident's  highest
 7    practicable  physical,  mental  or  psychosocial  well-being,
 8    including   brief   periods  of  time  to  provide  necessary
 9    life-saving treatment.  A restraint may be  used  only  after
10    consultation  with  appropriate health professionals, such as
11    occupational or physical therapists,  and  a  trial  of  less
12    restrictive  measures  has  led to the determination that the
13    use of less restrictive measures would not attain or maintain
14    the  resident's  highest  practicable  physical,  mental   or
15    psychosocial  well-being.  However,  if  the  resident  needs
16    emergency  care,  restraints may be used for brief periods to
17    permit medical treatment to proceed unless the  facility  has
18    notice  that the resident has previously made a valid refusal
19    of the treatment in question.
20        (d)  A restraint may be applied only by a person  trained
21    in the application of the particular type of restraint.
22        (e)  Whenever   a   period  of  use  of  a  restraint  is
23    initiated, the resident shall be advised of his or her  right
24    to  have  a  person  or  organization of his or her choosing,
25    including the Guardianship and Advocacy Commission,  notified
26    of  the  use  of  the  restraint.   A  recipient who is under
27    guardianship may request that a person or organization of his
28    or her choosing  be notified of the restraint, whether or not
29    the guardian  approves  the  notice.    If  the  resident  so
30    chooses,  the  facility shall make the notification within 24
31    hours, including any information about  the  period  of  time
32    that  the  restraint is to be used. Whenever the Guardianship
33    and Advocacy Commission is notified that a resident has  been
34    restrained,  it  shall  contact the resident to determine the
 
HB0088 Re-Enrolled            -26-   LRB093 02345 AMC 02704 b
 1    circumstances of the restraint and whether further action  is
 2    warranted.
 3        (f)  Whenever  a  restraint  is  used on a resident whose
 4    primary mode of communication is sign language, the  resident
 5    shall  be  permitted  to  have  his  or  her  hands free from
 6    restraint for brief  periods  each  hour,  except  when  this
 7    freedom  may  result  in  physical  harm  to  the resident or
 8    others.
 9        (g)  The requirements of this  Section  are  intended  to
10    control  in  any  conflict  with the requirements of Sections
11    1-126 and  2-108  of  the  Mental  Health  and  Developmental
12    Disabilities Code.
13    (Source: P.A. 88-413.)

14        (210 ILCS 45/2-106.1)
15        Sec. 2-106.1.  Drug treatment.
16        (a)  A resident shall not be given unnecessary drugs.  An
17    unnecessary  drug  is  any  drug  used  in an excessive dose,
18    including in duplicative  therapy;  for  excessive  duration;
19    without adequate monitoring; without adequate indications for
20    its  use;  or  in  the  presence of adverse consequences that
21    indicate the drugs should be reduced  or  discontinued.   The
22    Department   shall   adopt,   by   rule,  the  standards  for
23    unnecessary drugs contained in interpretive guidelines issued
24    by the United States Department of Health and Human  Services
25    for  the  purposes  of  administering titles 18 and 19 of the
26    Social Security Act.
27        (b)  Psychotropic  medication  shall  not  be  prescribed
28    without the informed consent of the resident, the  resident's
29    guardian,  or other authorized representative.  "Psychotropic
30    medication" means medication that is used for  or  listed  as
31    used   for   antipsychotic,   antidepressant,  antimanic,  or
32    antianxiety  behavior  modification  or  behavior  management
33    purposes in the latest editions of the AMA  Drug  Evaluations
 
HB0088 Re-Enrolled            -27-   LRB093 02345 AMC 02704 b
 1    or the Physician's Desk Reference.
 2        (c)  The  requirements  of  this  Section are intended to
 3    control in a conflict with the requirements of Sections 2-102
 4    1-102 and 2-107.2 of  the  Mental  Health  and  Developmental
 5    Disabilities  Code  with  respect  to  the  administration of
 6    psychotropic medication.
 7    (Source: P.A. 88-413.)

 8        Section 99.  Effective date.  This Section,  Section  10,
 9    the changes to Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8
10    of the Abused and Neglected Long Term Care Facility Residents
11    Reporting  Act,  and  the  changes  to  Section  3-203 of the
12    Nursing Home Care Act take effect upon becoming law.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    20 ILCS 1705/4            from Ch. 91 1/2, par. 100-4
 5    20 ILCS 1705/7            from Ch. 91 1/2, par. 100-7
 6    20 ILCS 1705/15           from Ch. 91 1/2, par. 100-15
 7    210 ILCS 30/6.2           from Ch. 111 1/2, par. 4166.2
 8    210 ILCS 30/6.3           from Ch. 111 1/2, par. 4166.3
 9    210 ILCS 30/6.4           from Ch. 111 1/2, par. 4166.4
10    210 ILCS 30/6.5           from Ch. 111 1/2, par. 4166.5
11    210 ILCS 30/6.6           from Ch. 111 1/2, par. 4166.6
12    210 ILCS 30/6.7           from Ch. 111 1/2, par. 4166.7
13    210 ILCS 30/6.8           from Ch. 111 1/2, par. 4166.8
14    210 ILCS 45/2-106         from Ch. 111 1/2, par. 4152-106
15    210 ILCS 45/2-106.1
16    210 ILCS 85/6.20
17    225 ILCS 65/5-10