093_HB1240ham005

 










                                     LRB093 06469 MKM 14532 a

 1                    AMENDMENT TO HOUSE BILL 1240

 2        AMENDMENT NO.     .  Amend House Bill 1240,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Illinois Act on the Aging is amended  by
 6    adding Section 4.04a as follows:

 7        (20 ILCS 105/4.04a new)
 8        Sec. 404a.  Illinois Long-Term Care Council.
 9        (a)  Purpose.  The  purpose  of this Section is to ensure
10    that consumers over the age  of  60  residing  in  facilities
11    licensed  or  regulated  under  the  Nursing  Home  Care Act,
12    Skilled  Nursing  and  Intermediate  Care  Facilities   Code,
13    Sheltered  Care  Facilities  Code, and the Illinois Veteran's
14    Homes Code receive high quality  long-term  care  through  an
15    effective Illinois Long-Term Care Council.
16        (b)  Maintenance  and operation of the Illinois Long-Term
17    Care Council.
18             (1)  The  Department  shall  develop  a   fair   and
19        impartial    process   for   recruiting   and   receiving
20        nominations for members for the Illinois  Long-Term  Care
21        Council from the State Long-Term Care Ombudsman, the area
22        agencies  on aging, regional ombudsman programs, provider
 
                            -2-      LRB093 06469 MKM 14532 a
 1        agencies, and other public agencies, using  a  nomination
 2        form provided by the Department.
 3             (2)  The  Department  shall  appoint  members to the
 4        Illinois Long-Term Care Council in a timely manner.
 5             (3)  The Department shall consider and act  in  good
 6        faith  regarding  the  Illinois  Long-Term Care Council's
 7        annual report and its recommendations.
 8             (4)  The Director  shall  appoint  to  the  Illinois
 9        Long-Term  Care  Council at least 18 but not more than 25
10        members.
11        (c)  Responsibilities  of  the   State   Long-Term   Care
12    Ombudsman,  area  agencies  on aging, regional long-term care
13    ombudsman  programs,  and  provider   agencies.   The   State
14    Long-Term  Care  Ombudsman  and  each  area  agency on aging,
15    regional  long-term  care  ombudsman  program,  and  provider
16    agency shall solicit  names  and  recommend  members  to  the
17    Department  for  appointment  to  the Illinois Long-Term Care
18    Council.
19        (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
20    Council shall do the following:
21             (1)  Make  recommendations  and  comment  on  issues
22        pertaining to long-term care and the State Long-Term Care
23        Ombudsman Program to the Department.
24             (2)  Advise the Department on matters pertaining  to
25        the  quality of life and quality of care in the continuum
26        of long-term care.
27             (3)  Evaluate, comment  on  reports  regarding,  and
28        make  recommendations on, the quality of life and quality
29        of care in long-term care facilities and  on  the  duties
30        and   responsibilities   of   the  State  Long-Term  Care
31        Ombudsman Program.
32             (4)  Prepare and circulate an annual report  to  the
33        Governor,  the  General  Assembly,  and  other interested
34        parties concerning the duties and accomplishments of  the
 
                            -3-      LRB093 06469 MKM 14532 a
 1        Illinois  Long-Term  Care  Council  and all other related
 2        matters pertaining to long-term care and  the  protection
 3        of residents' rights.
 4             (5)  Provide an opportunity for public input at each
 5        scheduled meeting.
 6             (6)  Make  recommendations to the Director, upon his
 7        or her request, as to  individuals  who  are  capable  of
 8        serving  as  the  State  Long-Term Care Ombudsman and who
 9        should make appropriate  application  for  that  position
10        should it become vacant.
11        (e)  Composition  and  operation.  The Illinois Long-Term
12    Care Council shall be composed of at least 18  but  not  more
13    than  25  members  concerned  about  the  quality  of life in
14    long-term  care  facilities  and  protecting  the  rights  of
15    residents, including members from long-term care  facilities.
16    The  State  Long-Term  Care  Ombudsman  shall  be a permanent
17    member of the Long-Term  Care  Council.    Members  shall  be
18    appointed   for  a  4-year  term  with  initial  appointments
19    staggered with 2-year, 3-year, and 4-year  terms.  A  lottery
20    will  determine  the  terms  of office for the members of the
21    first term. Members may be  reappointed  to  a  term  but  no
22    member  may  be reappointed to more than 2 consecutive terms.
23    The Illinois Long-Term Care Council shall meet a minimum of 3
24    times per calendar year.
25        (f)  Member   requirements.   All   members   shall    be
26    individuals  who  have demonstrated concern about the quality
27    of life in long-term care facilities. A minimum of 3  members
28    must  be  current  or  former  residents  of  long-term  care
29    facilities  or  the  family  member  of  a  current or former
30    resident of a long-term care facility. A minimum of 2 members
31    shall represent current or former  long  term  care  facility
32    resident  councils or family councils. A minimum of 4 members
33    shall be selected from recommendations by organizations whose
34    members  consist  of  long   term   care   facilities.      A
 
                            -4-      LRB093 06469 MKM 14532 a
 1    representative of long-term care facility employees must also
 2    be  included  as  a  member.  A minimum of 2 members shall be
 3    selected  from  recommendations  of  membership-based  senior
 4    advocacy groups or consumer organizations that engage  solely
 5    in  legal representation on behalf of residents and immediate
 6    families.  There shall be non-voting State agency members  on
 7    the  Long-Term  Care Council from the following agencies: (i)
 8    the Department of Veterans Affairs; (ii)  the  Department  of
 9    Human  Services;  (iii) the Department of Public Health; (iv)
10    the Department on Aging; (v) the Department  of  Public  Aid;
11    (vi)  the  Illinois State Police Medicaid Fraud Control Unit;
12    and (vii) others as appropriate.

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