093_SB1067sam002

 










                                     LRB093 08215 BDD 13939 a

 1                    AMENDMENT TO SENATE BILL 1067

 2        AMENDMENT NO.     .  Amend Senate Bill 1067 on page 1, by
 3    replacing line 11 with the following: "in accordance with the
 4    provisions of the"; and

 5    on page 2, line 22, after "Act" by inserting "of 1965, as now
 6    or hereafter amended, and Departmental policy"; and

 7    on page 2, by replacing lines 29 and 30 with the following:
 8    "by the Department  in  rules  and  in  accordance  with  the
 9    provisions  of  the  Older  Americans  Act of 1965, as now or
10    hereafter amended."; and

11    on page 3, line 3, by deleting "designated"; and

12    on page 3, by replacing lines 6 through 8 with the following:
13    "The Department,  in  consultation  with  the  Office,  shall
14    promulgate   administrative  rules  in  accordance  with  the
15    provisions of the Older Americans Act  of  1965,  as  now  or
16    hereafter amended, to"; and

17    on   page  3,  by  replacing  line  24  with  the  following:
18    "regulatory State agency.  The  Department,  in  consultation
19    with the Office, shall"; and

20    on  page  4,  by  replacing  lines  18  through  20  with the
21    following:
 
                            -2-      LRB093 08215 BDD 13939 a
 1             "Office  appropriate  access,  as  defined  by   the
 2        Department,   in   consultation   with   the  Office,  in
 3        administrative rules, to the resident's records."; and

 4    on page 4, line 29, by changing "any  designated"  to  "any";
 5    and

 6    on page 5, line 4, by changing "any designated" to "any"; and

 7    on page 5, line 11 by changing "any designated" to "any"; and

 8    on page 5, by replacing lines 15 and 16 with the following:
 9             "(3) The Director of Aging, in consultation with the
10        Office,  shall  notify the State's Attorney of the county
11        in"; and

12    on page  5,  by  replacing  lines  21  through  33  with  the
13    following:

14        "(g)  Confidentiality  of  records  and  identities.  The
15    Department  shall  establish procedures for the disclosure by
16    the State Ombudsman or the  regional  ombudsmen  entities  of
17    files maintained by the program. The procedures shall provide
18    that  the  files  and  records  may  be disclosed only at the
19    discretion of the State  Long  Term  Care  Ombudsman  or  the
20    person  designated  by  the  State  Ombudsman to disclose the
21    files and records, and  the  procedures  shall  prohibit  the
22    disclosure  of  the  identity  of  any complainant, resident,
23    witness, or employee of a long term care provider unless:
24             (1)  the complainant, resident, witness, or employee
25        of a  long  term  care  provider  or  his  or  her  legal
26        representative consents to the disclosure and the consent
27        is in writing;
28             (2)  the complainant, resident, witness, or employee
29        of  a  long  term care provider gives consent orally; and
30        the consent is documented contemporaneously in a  writing
31        in  accordance  with  such requirements as the Department
 
                            -3-      LRB093 08215 BDD 13939 a
 1        shall establish; or
 2             (4)  the disclosure is required by court order.
 3        No files or records maintained by  the  Office  of  State
 4    Long  Term Care Ombudsman shall be disclosed unless the State
 5    Ombudsman or the ombudsman  having  the  authority  over  the
 6    disposition  of  such  files  authorizes  the  disclosure  in
 7    writing. The ombudsman shall not disclose the identity of any
 8    complainant,  resident,  witness  or  employee of a long term
 9    care provider involved in a  complaint or report unless  such
10    person  or  such  person's  guardian  or legal representative
11    consents in writing to the disclosure, or the  disclosure  is
12    required by court order.

13    on page 6, line 1, by changing "any designated" to "any".