HB0653sam001 97TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/9/2011

09700HB0653sam001 LRB097 03481 RPM 55331 a

AMENDMENT TO HOUSE BILL 653

AMENDMENT NO. ______. Amend House Bill 653 as follows:

on page 1, immediately below line 3, by inserting the following:

"Section 1. Short title. This amendatory Act may be referred to as Paul's Law."; and

on page 1, line 6, by replacing "13 and 14" with "13, 14, and 15"; and

on page 4, line 17, immediately after the period, by inserting "The Department shall adopt rules to establish the process by which the determination to initiate a review shall be made and the timeframe to initiate a review upon the making of such determination."; and

on page 6, line 9, by deleting "By July 1, 2011,"; and

on page 6, by replacing line 10 with the following:

"(a) By July 1, 2011, the Department shall require all of its community developmental"; and

on page 6, line 12, by replacing "every 6 months" with "annually"; and

on page 6, immediately below line 21, by inserting the following:

"(b) In collaboration with the Department of Children and Family Services and the Department of Public Health, the Department of Human Services shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (a) of this Section for any applicant or employee listed under the Department of Children and Family Services' State Central Registry seeking to be hired or maintain his or her employment with a community developmental services agency under this Act. The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry."; and

on page 7, line 9, immediately after "abuse,", by inserting "egregious"; and

on page 7, immediately below line 12, by inserting the following:

"(210 ILCS 135/15 new)

Sec. 15. Designation of representative. Any adult resident of a community-integrated living arrangement who does not have a legal guardian and has not been adjudicated incompetent may designate another adult of his or her choice to serve as the representative of the resident for the sole purpose of receiving notification from the agency or from the Department concerning any incident or condition regarding the health, safety, or well-being of the resident. The designation shall be made in writing and signed by the resident, the designated representative, and a representative of the agency. The agency shall inform the resident of his or her right to designate another adult as a representative for such purposes. The designation may be revoked in writing by the resident at any time. The agency shall provide a designation of representative form that is substantially the same as the following:

" DESIGNATION OF REPRESENTATIVE

I, (insert name), am....... years old and reside at........

I have not been adjudicated incompetent and do not have a legal guardian. I hereby delegate (insert name of designated representative), an adult who resides at.........., as my representative for the sole purpose of receiving notification of any incident that may affect my health, safety or well-being while a resident at.........., and hereby give my consent to (insert name of agency) to communicate with (insert name of designated representative) about any such incident.

I understand that I may revoke this Designation of Representative at any time by notifying (insert name of agency) in writing that I wish to do so.

I also understand that by executing this document I am waiving my right to confidentiality, but only to the extent of the authority conveyed in this document.

(Insert Name of Resident)

..................... Signature of Resident

(Insert Name of Representative)

........................... Signature of Representative

(Insert Name of Agency Representative)

........................... Signature of Representative".".