093_HB1240ham005
LRB093 06469 MKM 14532 a
1 AMENDMENT TO HOUSE BILL 1240
2 AMENDMENT NO. . Amend House Bill 1240, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Illinois Act on the Aging is amended by
6 adding Section 4.04a as follows:
7 (20 ILCS 105/4.04a new)
8 Sec. 404a. Illinois Long-Term Care Council.
9 (a) Purpose. The purpose of this Section is to ensure
10 that consumers over the age of 60 residing in facilities
11 licensed or regulated under the Nursing Home Care Act,
12 Skilled Nursing and Intermediate Care Facilities Code,
13 Sheltered Care Facilities Code, and the Illinois Veteran's
14 Homes Code receive high quality long-term care through an
15 effective Illinois Long-Term Care Council.
16 (b) Maintenance and operation of the Illinois Long-Term
17 Care Council.
18 (1) The Department shall develop a fair and
19 impartial process for recruiting and receiving
20 nominations for members for the Illinois Long-Term Care
21 Council from the State Long-Term Care Ombudsman, the area
22 agencies on aging, regional ombudsman programs, provider
-2- LRB093 06469 MKM 14532 a
1 agencies, and other public agencies, using a nomination
2 form provided by the Department.
3 (2) The Department shall appoint members to the
4 Illinois Long-Term Care Council in a timely manner.
5 (3) The Department shall consider and act in good
6 faith regarding the Illinois Long-Term Care Council's
7 annual report and its recommendations.
8 (4) The Director shall appoint to the Illinois
9 Long-Term Care Council at least 18 but not more than 25
10 members.
11 (c) Responsibilities of the State Long-Term Care
12 Ombudsman, area agencies on aging, regional long-term care
13 ombudsman programs, and provider agencies. The State
14 Long-Term Care Ombudsman and each area agency on aging,
15 regional long-term care ombudsman program, and provider
16 agency shall solicit names and recommend members to the
17 Department for appointment to the Illinois Long-Term Care
18 Council.
19 (d) Powers and duties. The Illinois Long-Term Care
20 Council shall do the following:
21 (1) Make recommendations and comment on issues
22 pertaining to long-term care and the State Long-Term Care
23 Ombudsman Program to the Department.
24 (2) Advise the Department on matters pertaining to
25 the quality of life and quality of care in the continuum
26 of long-term care.
27 (3) Evaluate, comment on reports regarding, and
28 make recommendations on, the quality of life and quality
29 of care in long-term care facilities and on the duties
30 and responsibilities of the State Long-Term Care
31 Ombudsman Program.
32 (4) Prepare and circulate an annual report to the
33 Governor, the General Assembly, and other interested
34 parties concerning the duties and accomplishments of the
-3- LRB093 06469 MKM 14532 a
1 Illinois Long-Term Care Council and all other related
2 matters pertaining to long-term care and the protection
3 of residents' rights.
4 (5) Provide an opportunity for public input at each
5 scheduled meeting.
6 (6) Make recommendations to the Director, upon his
7 or her request, as to individuals who are capable of
8 serving as the State Long-Term Care Ombudsman and who
9 should make appropriate application for that position
10 should it become vacant.
11 (e) Composition and operation. The Illinois Long-Term
12 Care Council shall be composed of at least 18 but not more
13 than 25 members concerned about the quality of life in
14 long-term care facilities and protecting the rights of
15 residents, including members from long-term care facilities.
16 The State Long-Term Care Ombudsman shall be a permanent
17 member of the Long-Term Care Council. Members shall be
18 appointed for a 4-year term with initial appointments
19 staggered with 2-year, 3-year, and 4-year terms. A lottery
20 will determine the terms of office for the members of the
21 first term. Members may be reappointed to a term but no
22 member may be reappointed to more than 2 consecutive terms.
23 The Illinois Long-Term Care Council shall meet a minimum of 3
24 times per calendar year.
25 (f) Member requirements. All members shall be
26 individuals who have demonstrated concern about the quality
27 of life in long-term care facilities. A minimum of 3 members
28 must be current or former residents of long-term care
29 facilities or the family member of a current or former
30 resident of a long-term care facility. A minimum of 2 members
31 shall represent current or former long term care facility
32 resident councils or family councils. A minimum of 4 members
33 shall be selected from recommendations by organizations whose
34 members consist of long term care facilities. A
-4- LRB093 06469 MKM 14532 a
1 representative of long-term care facility employees must also
2 be included as a member. A minimum of 2 members shall be
3 selected from recommendations of membership-based senior
4 advocacy groups or consumer organizations that engage solely
5 in legal representation on behalf of residents and immediate
6 families. There shall be non-voting State agency members on
7 the Long-Term Care Council from the following agencies: (i)
8 the Department of Veterans Affairs; (ii) the Department of
9 Human Services; (iii) the Department of Public Health; (iv)
10 the Department on Aging; (v) the Department of Public Aid;
11 (vi) the Illinois State Police Medicaid Fraud Control Unit;
12 and (vii) others as appropriate.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".