SB2301sam002 99TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/15/2016

09900SB2301sam002 LRB099 18728 MJP 47691 a

AMENDMENT TO SENATE BILL 2301

AMENDMENT NO. ______. Amend Senate Bill 2301, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Alzheimer's Disease and Related Dementias Services Act.

Section 5. Purpose. The General Assembly finds that oversight of Alzheimer's disease and related dementias services is in the best interests of individuals diagnosed with Alzheimer's disease or a dementia-related disease and their families and friends struggling to find appropriate services and care. As such, it is the intent of the General Assembly that all Alzheimer's disease and related dementias services shall comply with rules adopted by the Department in compliance with this Act.

Section 10. Definitions. In this Act:

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"Alzheimer's disease and related dementias services" means services offered to individuals diagnosed with Alzheimer's disease or a dementia-related disease for the purpose of managing the individual's disease.

Section 15. Applicability. Programs covered by this Act include, but are not limited to, health care facilities licensed or certified by the Assisted Living and Shared Housing Act; Life Care Facilities Act; Nursing Home Care Act; Specialized Mental Health Rehabilitation Act of 2013; Home Health, Home Services, and Home Nursing Agency Licensing Act; Hospice Program Licensing Act; and End Stage Renal Disease Facility Act. This Act does not apply to physicians licensed to practice medicine in all its branches.

Section 20. Alzheimer's disease and related dementias services guidelines.

(a) The Department shall no later than September 1, 2017 publish proposed rules to implement this Act.

(b) The Department shall be granted authority to initiate discussions with all affected provider groups, advocate organizations, and other individuals and groups identified by the Director to be critical to the development of applicable rules upon this Act becoming law.

Section 25. Covered services, disclosures, prohibition, preemption. Upon the adoption of rules implementing this Act:

(1) Any and all Alzheimer's disease or related dementias services shall comply with the Alzheimer's disease and related dementias services guidelines, except as provided in subsection (d).

(2) Materials defining the philosophy of the services, specific services offered, and behavior management tactics and drug therapies employed shall be provided upon admission or enrollment, or earlier upon request, including a disclaimer that the services are not certified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act.

(3) Advertising or verbally offering to provide Alzheimer's disease and related dementias services that are not in compliance with the requirements set forth in this Act is prohibited.

(4) If a conflict occurs between this Act and the Assisted Living and Shared Housing Act, the Nursing Home Care Act, or the Alzheimer's Disease and Related Dementias Special Care Disclosure Act, then the Assisted Living and Shared Housing Act, the Nursing Home Care Act, or the Alzheimer's Disease and Related Dementias Special Care Disclosure Act shall prevail.

Section 30. Staff training.

(a) Staff with direct access to clients with Alzheimer's disease or a related dementia hired prior to the adoption of rules implementing this Act shall receive a minimum of 6 hours of initial training within 90 days after the effective date of this Act using Alzheimer's disease and related dementias services certified by the Department, except as provided in subsection (c).

(b) Staff with direct access to clients with Alzheimer's disease or a related dementia hired after the adoption of rules implementing this Act shall complete a minimum of 6 hours of initial training in the first 60 days of employment using an Alzheimer's disease and related dementias services curriculum certified by the Department, except as provided in subsection (c).

(c) Subsections (a) and (b) shall not apply to the following:

(1) staff who received at least 6 hours of comparable training in compliance with licensure or certified training requirements; and

(2) staff temporarily hired or temporarily detailed by a facility licensed under the Nursing Home Care Act to permit the facility to meet statutory staffing requirements.

(d) An Alzheimer's disease and related dementias services curriculum certified by the Department must include at a minimum the following topics: understanding dementia, effectively communicating with individuals with dementia, assisting individuals with dementia in performing activities of daily living, problem solving with individuals with dementia who exhibit challenging behavior, fundamentals of dementia care, safe environments, and managing the activities of individuals with dementia.

(e) An individual who received training consistent with the requirements of this Section while employed by another program or through an educational institution or an individual with 3 or more years of experience working with Alzheimer's disease and related dementias services may petition the Department for a waiver of the initial training requirements set forth in this Section. The Department shall evaluate each request on a case by case basis.

(f) Upon the adoption of rules implementing this Act, staff with direct access to clients with dementia shall receive 3 hours of advanced training on caring for individuals with Alzheimer's disease and related dementias each year.

(g) Upon the adoption of rules implementing this Act, Alzheimer's disease and related dementias services program employers shall maintain training records and make them available to the Department on request.

Section 35. Program director. Upon the adoption of rules implementing this Act, in addition to the training required under Section 30 of this Act, the director of an Alzheimer's disease and related dementias services program shall complete an Alzheimer's disease and related dementias services curriculum from a list compiled by the Department or have 5 years of experience as a director of an Alzheimer's disease and related dementias services program.

Section 40. Penalties.

(a) Any entity licensed, certified, or regulated by the State that knowingly holds itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with this Act is deemed to have violated the statute or statutes governing the licensure, certification, or regulation of the entity and any contract or agreement the entity has with the State.

(b) Any entity not operated by the federal government or any agency thereof or individual not covered by subsection (a) that knowingly holds himself, herself, or itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with this Act is guilty of a business offense punishable by a fine of at least $1,001.

Section 45. Assessment. Twenty-four months after the adoption of rules implementing this Act, the Department shall convene a work group made up of experts in Alzheimer's disease and related dementias services programming, providers, families and caregivers, and other interested parties to assess the understanding of and compliance with the Act and rules. The work group shall provide the Director and General Assembly with recommendations related to this Act and rules. Once the recommendations are submitted, the work group shall be disbanded.

Section 90. Repealer.

(a) This Act is repealed as provided in subsection (b) of this Section unless the General Assembly authorizes an extension of the Act for an additional period of 36 months.

(b) Upon the adoption of rules implementing this Act, the Department shall file with the Index Department of the Office of the Secretary of State a declaration to that effect, and shall notify the Clerk of the House of Representatives, the Secretary of the Senate, and the Legislative Reference Bureau of the filing of the declaration. This Act is repealed 36 months after the date specified in the declaration.

Section 99. Effective date. This Act takes effect upon becoming law.".