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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by | ||||||
5 | changing Sections 2-101, 2-112, 2-113, and 3-209 as follows:
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6 | (210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101)
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7 | Sec. 2-101.
No resident shall be deprived of any rights, | ||||||
8 | benefits, or
privileges guaranteed by State or federal law, | ||||||
9 | the Constitution of the State of Illinois,
or the Constitution | ||||||
10 | of the United States solely on account of his or her status
as | ||||||
11 | a resident of a facility . Residents shall have the right to be | ||||||
12 | treated with courtesy and respect by employees or persons | ||||||
13 | providing medical services or care and shall have their human | ||||||
14 | and civil rights maintained in all aspects of medical care as | ||||||
15 | defined in the State Operations Manual for Long-Term Care | ||||||
16 | Facilities. In accordance with 42 CFR 483.10, residents shall | ||||||
17 | have their basic human needs, including, but not limited to, | ||||||
18 | water, food, medication, toileting, and personal hygiene, | ||||||
19 | accommodated in a timely manner, as defined by the person and | ||||||
20 | agreed upon by the interdisciplinary team. Residents have the | ||||||
21 | right to maintain their autonomy as much as possible .
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22 | (Source: P.A. 81-223.)
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1 | (210 ILCS 45/2-112) (from Ch. 111 1/2, par. 4152-112)
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2 | Sec. 2-112.
A resident shall be permitted to present | ||||||
3 | grievances on behalf
of himself or others to the | ||||||
4 | administrator, the Long-Term Care Facility Advisory
Board, the | ||||||
5 | residents' advisory council, State governmental agencies ,
or | ||||||
6 | other persons of the resident's choice, free from restraint, | ||||||
7 | interference, coercion, or discrimination and without threat | ||||||
8 | of discharge or reprisal in any form or
manner whatsoever. | ||||||
9 | Every facility licensed under this Act shall have a written | ||||||
10 | internal grievance procedure that, at a minimum: | ||||||
11 | (1) sets forth the process to be followed; | ||||||
12 | (2) specifies time limits, including time limits for | ||||||
13 | facility response; | ||||||
14 | (3) informs residents of their right to have the | ||||||
15 | assistance of an advocate; | ||||||
16 | (4) provides for a timely response within 25 days by | ||||||
17 | an impartial and nonaffiliated third party, including, but | ||||||
18 | not limited to, the Long-Term Care Ombudsman, if the | ||||||
19 | grievance is not otherwise resolved by the facility; | ||||||
20 | (5) requires the facility to follow applicable State | ||||||
21 | and federal requirements for responding to and reporting | ||||||
22 | any grievance alleging potential abuse, neglect, | ||||||
23 | misappropriation of resident property, or exploitation; | ||||||
24 | and | ||||||
25 | (6) requires the facility to keep a copy of all | ||||||
26 | grievances, responses, and outcomes for 3 years and |
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1 | provide the information to the Department upon request. | ||||||
2 | In accordance with F574 of the State Operations Manual for | ||||||
3 | Long-Term Care Facilities, the administrator shall provide all | ||||||
4 | residents or their representatives upon admission and at | ||||||
5 | request with the name, address, and telephone number of the | ||||||
6 | appropriate State governmental office where complaints may be | ||||||
7 | lodged in language the resident can understand, which must | ||||||
8 | include notice of the grievance procedure of the facility or | ||||||
9 | program and addresses and phone numbers for the Office of | ||||||
10 | Health Care Regulation and the Long-Term Care Ombudsman | ||||||
11 | Program. The administrator shall provide all residents or | ||||||
12 | their
representatives with the name, address, and telephone | ||||||
13 | number of the appropriate
State governmental office where | ||||||
14 | complaints may be lodged.
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15 | (Source: P.A. 81-223.)
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16 | (210 ILCS 45/2-113) (from Ch. 111 1/2, par. 4152-113)
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17 | Sec. 2-113. A resident may refuse to perform labor for a | ||||||
18 | facility. Residents shall not perform labor or services for | ||||||
19 | the facility unless consistent with F566 of the State | ||||||
20 | Operations Manual for Long-Term Care Facilities. The | ||||||
21 | activities must be included for therapeutic purposes and be | ||||||
22 | appropriately goal related to the individual's care plan. If a | ||||||
23 | resident chooses to perform labor or services, the resident | ||||||
24 | must be compensated at or above the prevailing wage rate. | ||||||
25 | (Source: P.A. 81-223.)
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1 | (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
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2 | Sec. 3-209. Required posting of information. | ||||||
3 | (a) Every facility shall conspicuously post for display in | ||||||
4 | an
area of its offices accessible to residents, employees, and | ||||||
5 | visitors the
following:
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6 | (1) Its current license;
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7 | (2) A description, provided by the Department, of | ||||||
8 | complaint
procedures established under this Act and the | ||||||
9 | name, address, and
telephone number of a person authorized | ||||||
10 | by the Department to receive
complaints;
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11 | (3) A copy of any order pertaining to the facility | ||||||
12 | issued by the
Department or a court; and
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13 | (4) A list of the material available for public | ||||||
14 | inspection under
Section 3-210 ; . | ||||||
15 | (5) Phone numbers and websites for rights protection | ||||||
16 | services must be posted in common areas and at the main | ||||||
17 | entrance and provided upon entry and at the request of | ||||||
18 | residents or the resident's representative in accordance | ||||||
19 | with 42 CFR 483.10(j)(4); and | ||||||
20 | (6) The statement "The Illinois Long-Term Care | ||||||
21 | Ombudsman Program is a free resident advocacy service | ||||||
22 | available to the public.". | ||||||
23 | In accordance with F574 of the State Operations Manual for | ||||||
24 | Long-Term Care Facilities, the administrator shall post for | ||||||
25 | all residents and at the main entrance the name, address, and |
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1 | telephone number of the appropriate State governmental office | ||||||
2 | where complaints may be lodged in language the resident can | ||||||
3 | understand, which must include notice of the grievance | ||||||
4 | procedure of the facility or program as well as addresses and | ||||||
5 | phone numbers for the Office of Health Care Regulation and the | ||||||
6 | Long-Term Care Ombudsman Program and a website showing the | ||||||
7 | information of a facility's ownership. The facility shall | ||||||
8 | include a link to the Long-Term Care Ombudsman Program's | ||||||
9 | website on the home page of the facility's website. | ||||||
10 | (b) A facility that has received a notice of violation for | ||||||
11 | a violation of the minimum staffing requirements under Section | ||||||
12 | 3-202.05 shall display, during the period of time the facility | ||||||
13 | is out of compliance, a notice stating in Calibri (body) font | ||||||
14 | and 26-point type in black letters on an 8.5 by 11 inch white | ||||||
15 | paper the following: | ||||||
16 | "Notice Dated: ................... | ||||||
17 | This facility does not currently meet the minimum staffing | ||||||
18 | ratios required by law. Posted at the direction of the | ||||||
19 | Illinois
Department of Public Health.".
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20 | The notice must be posted, at a minimum, at all publicly used | ||||||
21 | exterior entryways into the facility, inside the main entrance | ||||||
22 | lobby, and next to any registration desk for easily accessible | ||||||
23 | viewing. The notice must also be posted on the main page of the | ||||||
24 | facility's website. The Department shall have the discretion |
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1 | to determine the gravity of any violation and, taking into | ||||||
2 | account mitigating and aggravating circumstances and facts, | ||||||
3 | may reduce the requirement of, and amount of time for, posting | ||||||
4 | the notice. | ||||||
5 | (Source: P.A. 101-10, eff. 6-5-19.)
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