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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Nursing Home Care Act is amended by
changing Section 3-120 as follows:
(210 ILCS 45/3-120)
Certification of behavioral management units.
(a) No later than January 1,
, the Department
shall file with the
Secretary of State's Office
Committee on Administrative Rules
, pursuant to the Illinois
Administrative Procedure Act, proposed rules or proposed
amendments to existing rules to certify
nursing homes or
distinct self-contained units within existing nursing homes
for the behavioral management of persons with a high risk of
aggression. The purpose of the certification program is to
ensure that the safety of residents, employees, and the public
(b) The Department's rules shall, at a minimum, provide
for the following:
(1) A security and safety assessment, completed before
admission to a certified unit if an Identified Offender
Report and Recommendation or other criminal risk analysis
has not been completed, to identify existing or potential
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residents at risk of committing violent acts and determine
appropriate preventive action to be taken. The assessment
shall include, but need not be limited to, (i) a measure of
the frequency of, (ii) an identification of the
precipitating factors for, and (iii) the consequences of,
violent acts. The security and safety assessment shall be
in addition to any risk-of-harm assessment performed by a
PAS screener, but may use the results of this or any other
assessment. The security and safety assessment shall be
completed by the same licensed forensic psychologist who
prepares Identified Offender Reports and Recommendations
for identified offenders.
(2) Development of an individualized treatment and
behavior management plan for each resident to reduce
overall and specific risks.
(3) Room selection and appropriateness of roommate
(4) Protection of residents, employees, and members of
the public from aggression by residents.
(5) Supervision and monitoring.
(6) Staffing levels.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
periodically thereafter, specific to each job description
covering the following topics as appropriate:
(A) The violence escalation cycle.
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(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
history of violent behavior.
(D) Verbal and physical techniques to de-escalate
and minimize violent behavior.
(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
governed by law.
(G) Appropriate treatment to reduce violent
(H) Documenting and reporting incidents of
(I) The process whereby employees affected by a
violent act may be debriefed or calmed down and the
tension of the situation may be reduced.
(J) Any resources available to employees for
coping with violence.
(K) Any other topic deemed appropriate based on
job description and the needs of this population.
(9) Elimination or reduction of environmental factors
that affect resident safety.
(10) Periodic independent reassessment of the
individual resident for appropriateness of continued
placement on the certified unit. For the purposes of this
paragraph (10), "independent" means that no professional
or financial relationship exists between any person making
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the assessment and any community provider or long term
(11) A definition of a "person with high risk of
The definition shall not include any person
with a serious mental illness who is eligible to receive
services under the Specialized Mental Health
Rehabilitation Act of 2013.
The Department shall develop the administrative rules
under this subsection (b) in collaboration with other relevant
State agencies and in consultation with (i) advocates for
residents, (ii) providers of nursing home services, and (iii)
labor and employee-representation organizations.
(c) A long term care facility found to be out of compliance
with the certification requirements under Section 3-120 may be
subject to denial, revocation, or suspension of the behavioral
management unit certification or the imposition of sanctions
and penalties, including the immediate suspension of new
admissions. Hearings shall be conducted pursuant to Part 7 of
Article III of this Act.
(d) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing long
term care facilities.
(Source: P.A. 96-1372, eff. 7-29-10.)
This Act takes effect upon