Rep. Anna Moeller

Filed: 5/11/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2137

2    AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Findings.
5    (1) The General Assembly finds that contact with family,
6friends, and clergy is an integral part of the quality of life
7for nursing home residents. Social isolation has long been a
8trigger for declining mental and physical health. While the
9digital revolution creates a new approach for community
10connectedness, the State of Illinois stands firmly in
11agreement with the body of research that shows in-person
12interactions is the preferable and more impactful avenue for
13family, friends, and clergy to connect with and support
14nursing home residents and supports virtual visitation
15programs as a supplement to in-person interactions.
16Furthermore, the State of Illinois looks to government payor
17sources and integrated entities of the health care system,

 

 

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1including Medicaid managed care organizations, as key
2stakeholders in providing the adequate resources for residents
3to digitally connect with loved ones near and far.
4    (2) The General Assembly further finds that use of
5electronic devices to make and maintain contact with nursing
6home residents is a new approach and as such must be approached
7with care to ensure the protection of nursing home residents
8from those who would seek to harm or defraud them using this
9new technology.
 
10    Section 5. The Nursing Home Care Act is amended by adding
11Section 3-102.3 as follows:
 
12    (210 ILCS 45/3-102.3 new)
13    Sec. 3-102.3. Religious and recreational activities;
14social isolation.
15    (a) In this Section:
16    "Assistive and supportive technology and devices" means
17computers, video conferencing equipment, distance based
18communication technology, or other technological equipment,
19accessories, or electronic licenses as may be necessary to
20ensure that residents are able to engage in face-to-face,
21verbal-based, or auditory-based contact, communication,
22religious activity, or recreational activity with other
23facility residents and with family members, friends, loved
24ones, caregivers, and other external support systems, through

 

 

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1electronic means, in accordance with the provisions of
2paragraphs (2) and (3) of subsection (c).
3    "Religious and recreational activities" includes any
4religious, social, or recreational activity that is consistent
5with a resident's preferences and choosing, regardless of
6whether the activity is coordinated, offered, provided, or
7sponsored by facility staff or by an outside activities
8provider.
9    "Resident's representative" has the same meaning as
10provided in Section 1-123.
11    "Social isolation" means a state of isolation wherein a
12resident of a long-term care facility is unable to engage in
13social interactions and religious and recreational activities
14with other facility residents or with family members, friends,
15loved ones, caregivers and external support systems.
16    "Virtual visitation" means the use of face-to-face,
17verbal-based, or auditory-based contact through electronic
18means.
19    (b) The Department shall:
20        (1) require each long-term care facility in the State
21    to adopt and implement written policies, provide for the
22    availability of assistive and supportive technology and
23    devices to facility residents, and ensure that appropriate
24    staff are in place to help prevent the social isolation of
25    facility residents; and
26        (2) communicate regularly with the Department of

 

 

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1    Healthcare and Family Services and the Department on Aging
2    concerning potential funding for facilities to mitigate
3    the potential for racial disparities as an unintended
4    consequence of this Act.
5    The virtual visitation policies shall not be interpreted
6as a substitute for in-person visitation, but shall be wholly
7in addition to existing in-person visitation policies.
8    (c) The social isolation prevention policies adopted by
9each long-term care facility pursuant to subsection (b) shall
10be consistent with rights and privileges guaranteed to
11residents and constraints provided under Sections 2-108,
122-109, and 2-110 and shall include the following:
13        (1) authorization and inclusion of specific protocols
14    and procedures to encourage and enable residents of the
15    facility to engage in in-person contact, communication,
16    religious activity, and recreational activity with other
17    facility residents and with family members, friends, loved
18    ones, caregivers, and other external support systems,
19    except when prohibited, restricted, or limited by federal
20    or State statute, rule, regulation, executive order, or
21    guidance;
22        (2) authorization and inclusion of specific protocols
23    and procedures to encourage and enable residents to engage
24    in face-to-face, verbal-based, or auditory-based contact,
25    communication, religious activity, and recreational
26    activity with other facility residents and with family

 

 

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1    members, friends, loved ones, caregivers, and other
2    external support systems through the use of electronic or
3    virtual means and methods, including, but not limited to,
4    computer technology, the Internet, social media,
5    videoconferencing, videophone, and other innovative
6    technological means or methods, whenever the resident is
7    subject to restrictions that limit his or her ability to
8    engage in in-person contact, communication, religious
9    activity, or recreational activity as authorized by
10    paragraph (1) and when the technology requested is not
11    being used by other residents in the event of a limited
12    number of items of technology in a facility;
13        (3) a mechanism for residents of the facility or the
14    residents' representatives to request access to assistive
15    and supportive technology and devices as may be necessary
16    to facilitate the residents' engagement in face-to-face,
17    verbal-based, or auditory-based contact, communication,
18    religious activity, and recreational activity with other
19    residents, family members, friends, and other external
20    support systems, through electronic means, as provided by
21    paragraph (2);
22        (4) specific administrative policies, procedures, and
23    protocols governing:
24            (A) the acquisition, maintenance, and replacement
25        of assistive and supportive technology and devices;
26            (B) the use of environmental barriers and other

 

 

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1        controls when the assistive and supportive technology
2        and devices acquired pursuant to subparagraph (A) are
3        in use, especially in cases where the assistive and
4        supportive technology and devices are likely to become
5        contaminated with bodily substances, are touched
6        frequently, or are difficult to clean; and
7            (C) the regular cleaning of the assistive and
8        supportive technology and devices acquired pursuant to
9        subparagraph (A) and any environmental barriers or
10        other physical controls used in association therewith;
11        (5) a requirement that (i) upon admission and (ii) at
12    the request of a resident or the resident's
13    representative, appropriate staff shall develop and update
14    an individualized virtual visitation schedule while taking
15    into account the individual's requests and preferences
16    with respect to the residents' participation in social
17    interactions and religious and recreational activities;
18        (6) a requirement that appropriate staff, upon the
19    request of a resident or the resident's family members,
20    guardian, or representative, shall develop an
21    individualized virtual visitation schedule for the
22    resident, which shall:
23            (A) address the need for a virtual visitation
24        schedule and establish a virtual visitation schedule
25        if deemed to be appropriate;
26            (B) identify the assessed needs and preferences of

 

 

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1        the resident and any preferences specified by the
2        resident's representative, unless a preference
3        specified by the resident conflicts with a preference
4        specified by the resident's representative, in which
5        case the resident's preference shall take priority;
6            (C) document the long-term care facility's defined
7        virtual hours of visitation and inform the resident
8        and the resident's representative that virtual
9        visitation pursuant to paragraph (2) of subsection (c)
10        will adhere to the defined visitation hours;
11            (D) describe the location within the facility and
12        assistive and supportive technology and devices to be
13        used in virtual visitation; and
14            (E) describe the respective responsibilities of
15        staff, visitors, and the resident when engaging in
16        virtual visitation pursuant to the individualized
17        visitation plan;
18        (7) a requirement (i) upon admission and (ii) at the
19    request of the resident or the resident's representative,
20    to provide notification to the resident and the resident's
21    representative that they have the right to request of
22    facility staff the creation and review of a resident's
23    individualized virtual visitation schedule;
24        (8) a requirement (i) upon admission and (ii) at the
25    request of the resident or resident's representative, to
26    provide, in writing to the resident or resident's

 

 

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1    representative, virtual visitation hours, how to schedule
2    a virtual visitation, and how to request assistive and
3    supportive technology and devices;
4        (9) specific policies, protocols, and procedures
5    governing a resident's requisition, use, and return of
6    assistive and supportive technology and devices maintained
7    pursuant to subparagraph (A) of paragraph (4), and require
8    appropriate staff to communicate those policies,
9    protocols, and procedures to residents; and
10        (10) the designation of at least one member of the
11    therapeutic recreation or activities department, or, if
12    the facility does not have such a department, the
13    designation of at least one senior staff member, as
14    determined by facility management, to train other
15    appropriate facility employees, including, but not limited
16    to, activities professionals and volunteers, social
17    workers, occupational therapists, and therapy assistants,
18    to provide direct assistance to residents upon request and
19    on an as-needed basis, as necessary to ensure that each
20    resident is able to successfully access and use, for the
21    purposes specified in paragraphs (2) and (3) of this
22    subsection, the assistive and supportive technology and
23    devices acquired pursuant to subparagraph (A) of paragraph
24    (4).
25    (d) A long-term care facility may apply to the Department
26for civil monetary penalty fund grants for assistive and

 

 

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1supportive technology and devices and may request other
2available federal and State funds.
3    (e) The Department shall determine whether a long-term
4care facility is in compliance with the provisions of this
5Section and the policies, protocols, and procedures adopted
6pursuant to this Section in accordance with the Nursing Home
7Care Act for surveys and inspections.
8    In addition to any other applicable penalties provided by
9law, a long-term care facility that fails to comply with the
10provisions of this Section or properly implement the policies,
11protocols, and procedures adopted pursuant to subsection (b)
12shall be liable to pay an administrative penalty as a Type "C"
13violation, the amount of which shall be determined in
14accordance with a schedule established by the Department by
15rule. The schedule shall provide for an enhanced
16administrative penalty in the case of a repeat or ongoing
17violation. Implementation of an administrative penalty as a
18Type "C" violation under this subsection shall not be imposed
19prior to January 1, 2023.
20    (f) Whenever a complaint received by the Office of State
21Long Term Care Ombudsman discloses evidence that a long-term
22care facility has failed to comply with the provisions of this
23Section or to properly implement the policies, protocols, and
24procedures adopted pursuant to subsection (b), the Office of
25State Long Term Care Ombudsman shall refer the matter to the
26Department.

 

 

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1    (g) This Section does not impact, limit, or constrict a
2resident's right to or usage of his or her personal property or
3electronic monitoring under Section 2-115.
4    (h) Specific protocols and procedures shall be developed
5to ensure that the quantity of assistive and supportive
6technology and devices maintained on-site at the facility
7remains sufficient, at all times, to meet the assessed social
8and activity needs and preferences of each facility resident.
9Residents' family members or caregivers should be considered,
10as appropriate, in the assessment and reassessment.
11    (i) Within 60 days after the effective date of this
12amendatory Act of the 102nd General Assembly, the Department
13shall file rules necessary to implement the provisions of this
14Section. The rules shall include, but need not be limited to,
15minimum standards for the social isolation prevention policies
16to be adopted pursuant to subsection (b), a penalty schedule
17to be used pursuant to subsection (e), and policies regarding
18a long-term care facility's Internet access and subsequent
19Internet barriers in relation to a resident's virtual
20visitation plan pursuant to paragraph (2) of subsection (c).
21    (j) The Department's rules under subsection (i) shall take
22into account Internet bandwidth limitations outside of the
23control of a long-term care facility.
24    (k) Nothing in this Section shall be interpreted to mean
25that addressing the issues of social isolation shall take
26precedence over providing for the health and safety of the

 

 

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1residents.
 
2    Section 10. The Illinois Administrative Procedure Act is
3amended by adding Section 5-45.8 as follows:
 
4    (5 ILCS 100/5-45.8 new)
5    Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act.
6To provide for the expeditious and timely implementation of
7this amendatory Act of the 102nd General Assembly, emergency
8rules implementing Section 3-102.3 of the Nursing Home Care
9Act may be adopted in accordance with Section 5-45 by the
10Department of Public Health. The adoption of emergency rules
11authorized by Section 5-45 and this Section is deemed to be
12necessary for the public interest, safety, and welfare.
13    This Section is repealed on January 1, 2027.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".