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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 MR/DD Community Care Act is amended by | ||||||
5 | changing Sections 2-112, 2-203, 2-204, and 3-303.1 as follows: | ||||||
6 | (210 ILCS 47/2-112) | ||||||
7 | (This Section may contain text from a Public Act with a | ||||||
8 | delayed effective date ) | ||||||
9 | Sec. 2-112. Grievances. A resident shall be permitted to | ||||||
10 | present grievances on behalf of himself or herself or others to | ||||||
11 | the administrator, the DD Long-Term Care Facility Advisory | ||||||
12 | Board established under Section 2-204 of this Act the Nursing | ||||||
13 | Home Care Act , the residents' advisory council, State | ||||||
14 | governmental agencies or other persons without threat of | ||||||
15 | discharge or reprisal in any form or manner whatsoever. The | ||||||
16 | administrator shall provide all residents or their | ||||||
17 | representatives with the name, address, and telephone number of | ||||||
18 | the appropriate State governmental office where complaints may | ||||||
19 | be lodged. | ||||||
20 | (Source: P.A. 96-339, eff. 7-1-10.) | ||||||
21 | (210 ILCS 47/2-203) | ||||||
22 | (This Section may contain text from a Public Act with a |
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1 | delayed effective date ) | ||||||
2 | Sec. 2-203. Residents' advisory council. Each facility | ||||||
3 | shall establish a residents' advisory council. The | ||||||
4 | administrator shall designate a member of the facility staff to | ||||||
5 | coordinate the establishment of, and render assistance to, the | ||||||
6 | council. | ||||||
7 | (a) The composition of the residents' advisory council | ||||||
8 | shall be specified by Department regulation, but no employee or | ||||||
9 | affiliate of a facility shall be a member of any council. | ||||||
10 | (b) The council shall meet at least once each month with | ||||||
11 | the staff coordinator who shall provide assistance to the | ||||||
12 | council in preparing and disseminating a report of each meeting | ||||||
13 | to all residents, the administrator, and the staff. | ||||||
14 | (c) Records of the council meetings will be maintained in | ||||||
15 | the office of the administrator. | ||||||
16 | (d) The residents' advisory council may communicate to the | ||||||
17 | administrator the opinions and concerns of the residents. The | ||||||
18 | council shall review procedures for implementing resident | ||||||
19 | rights, facility responsibilities and make recommendations for | ||||||
20 | changes or additions which will strengthen the facility's | ||||||
21 | policies and procedures as they affect residents' rights and | ||||||
22 | facility responsibilities. | ||||||
23 | (e) The council shall be a forum for: | ||||||
24 | (1) Obtaining and disseminating information; | ||||||
25 | (2) Soliciting and adopting recommendations for | ||||||
26 | facility programing and improvements; |
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1 | (3) Early identification and for recommending orderly | ||||||
2 | resolution of problems. | ||||||
3 | (f) The council may present complaints as provided in | ||||||
4 | Section 3-702 on behalf of a resident to the Department, the DD | ||||||
5 | Long-Term Care Facility Advisory Board established under | ||||||
6 | Section 2-204 of this Act the Nursing Home Care Act or to any | ||||||
7 | other person it considers appropriate.
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8 | (Source: P.A. 96-339, eff. 7-1-10.) | ||||||
9 | (210 ILCS 47/2-204) | ||||||
10 | (This Section may contain text from a Public Act with a | ||||||
11 | delayed effective date )
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12 | Sec. 2-204. DD Long-Term Care Facility Advisory Board. The | ||||||
13 | Director shall appoint a DD Facility Advisory Board to consult | ||||||
14 | with the Department and the residents' advisory councils | ||||||
15 | created under Section 2-203. | ||||||
16 | (a) The Advisory Board shall be composed of the following | ||||||
17 | persons: | ||||||
18 | (1) the Director who shall serve as chairperson, ex
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19 | officio, and nonvoting; | ||||||
20 | (2) one representative each of the Department of
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21 | Healthcare and Family Services, the Department of Human | ||||||
22 | Services, and the Office of the State Fire Marshal, all | ||||||
23 | nonvoting members; | ||||||
24 | (3) one member who shall be a physician licensed to
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25 | practice medicine in all its branches; |
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1 | (4) one member who shall be a behavioral specialist
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2 | selected from the recommendations of the Department of | ||||||
3 | Human Services; | ||||||
4 | (5) three members who shall be selected from the
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5 | recommendations by organizations whose membership consists | ||||||
6 | of facilities; | ||||||
7 | (6) two members who shall represent the general
public | ||||||
8 | who are not members of a residents' advisory council | ||||||
9 | established under Section 2-203 and who have no | ||||||
10 | responsibility for management or formation of policy or | ||||||
11 | financial interest in a facility; | ||||||
12 | (7) one member who is a member of a residents'
advisory | ||||||
13 | council established under Section 2-203 and is capable of | ||||||
14 | actively participating on the Advisory Board; and | ||||||
15 | (8) one member who shall be selected from the
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16 | recommendations of consumer organizations that engage | ||||||
17 | solely in advocacy or legal representation on behalf of | ||||||
18 | residents and their immediate families. | ||||||
19 | (b) The Advisory Board shall meet as frequently as the | ||||||
20 | chairperson deems necessary, but not less than 4 times each | ||||||
21 | year. Upon request by 4 or more members, the chairperson shall | ||||||
22 | call a meeting of the Advisory Board. The affirmative vote of 6 | ||||||
23 | members of the Advisory Board shall be necessary for Advisory | ||||||
24 | Board action. A member of the Advisory Board may designate a | ||||||
25 | replacement to serve at the Advisory Board meeting and vote in | ||||||
26 | place of the member by submitting a letter of designation to |
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1 | the chairperson prior to or at the Advisory Board meeting. The | ||||||
2 | Advisory Board members shall be reimbursed for their actual | ||||||
3 | expenses incurred in the performance of their duties. | ||||||
4 | (c) The Advisory Board shall advise the Department of | ||||||
5 | Public Health on all aspects of its responsibilities under this | ||||||
6 | Act, including the format and content of any rules promulgated | ||||||
7 | by the Department of Public Health. Any such rules, except | ||||||
8 | emergency rules promulgated pursuant to Section 5-45 of the | ||||||
9 | Illinois Administrative Procedure Act, promulgated without | ||||||
10 | obtaining the advice of the Advisory Board are null and void. | ||||||
11 | If the Department fails to follow the advice of the Advisory | ||||||
12 | Board, the Department shall, prior to the promulgation of such | ||||||
13 | rules, transmit a written explanation of the reason therefor to | ||||||
14 | the Advisory Board. During its review of rules, the Advisory | ||||||
15 | Board shall analyze the economic and regulatory impact of those | ||||||
16 | rules. If the Advisory Board, having been asked for its advice, | ||||||
17 | fails to advise the Department within 90 days, the rules shall | ||||||
18 | be considered acted upon. The Long-Term Care Facility Advisory | ||||||
19 | Board established under Section 2-204 of the Nursing Home Care | ||||||
20 | Act shall advise the Department of Public Health on all aspects | ||||||
21 | of its responsibilities under this Act, including the format | ||||||
22 | and content of any rules promulgated by the Department of | ||||||
23 | Public Health. Any such rules, except emergency rules | ||||||
24 | promulgated pursuant to Section 5-45 of the Illinois | ||||||
25 | Administrative Procedure Act, promulgated without obtaining | ||||||
26 | the advice of the Advisory Board are null and void. In the |
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1 | event that the Department fails to follow the advice of the | ||||||
2 | Board, the Department shall, prior to the promulgation of such | ||||||
3 | rules, transmit a written explanation of the reason thereof to | ||||||
4 | the Board. During its review of rules, the Board shall analyze | ||||||
5 | the economic and regulatory impact of those rules. If the | ||||||
6 | Advisory Board, having been asked for its advice, fails to | ||||||
7 | advise the Department within 90 days, the rules shall be | ||||||
8 | considered acted upon.
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9 | (Source: P.A. 96-339, eff. 7-1-10.) | ||||||
10 | (210 ILCS 47/3-303.1) | ||||||
11 | (This Section may contain text from a Public Act with a | ||||||
12 | delayed effective date )
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13 | Sec. 3-303.1. Waiver of facility's compliance with rule or | ||||||
14 | standard. Upon application by a facility, the Director may | ||||||
15 | grant or renew the waiver of the facility's compliance with a | ||||||
16 | rule or standard for a period not to exceed the duration of the | ||||||
17 | current license or, in the case of an application for license | ||||||
18 | renewal, the duration of the renewal period. The waiver may be | ||||||
19 | conditioned upon the facility taking action prescribed by the | ||||||
20 | Director as a measure equivalent to compliance. In determining | ||||||
21 | whether to grant or renew a waiver, the Director shall consider | ||||||
22 | the duration and basis for any current waiver with respect to | ||||||
23 | the same rule or standard and the validity and effect upon | ||||||
24 | patient health and safety of extending it on the same basis, | ||||||
25 | the effect upon the health and safety of residents, the quality |
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1 | of resident care, the facility's history of compliance with the | ||||||
2 | rules and standards of this Act and the facility's attempts to | ||||||
3 | comply with the particular rule or standard in question. The | ||||||
4 | Department may provide, by rule, for the automatic renewal of | ||||||
5 | waivers concerning physical plant requirements upon the | ||||||
6 | renewal of a license. The Department shall renew waivers | ||||||
7 | relating to physical plant standards issued pursuant to this | ||||||
8 | Section at the time of the indicated reviews, unless it can | ||||||
9 | show why such waivers should not be extended for the following | ||||||
10 | reasons: | ||||||
11 | (a) the condition of the physical plant has deteriorated or | ||||||
12 | its use substantially changed so that the basis upon which the | ||||||
13 | waiver was issued is materially different; or | ||||||
14 | (b) the facility is renovated or substantially remodeled in | ||||||
15 | such a way as to permit compliance with the applicable rules | ||||||
16 | and standards without substantial increase in cost.
A copy of | ||||||
17 | each waiver application and each waiver granted or renewed | ||||||
18 | shall be on file with the Department and available for public | ||||||
19 | inspection. The Director shall annually review such file and | ||||||
20 | recommend to the DD Long-Term Care Facility Advisory Board | ||||||
21 | established under Section 2-204 of this Act Section 2-204 of | ||||||
22 | the Nursing Home Care Act any modification in rules or | ||||||
23 | standards suggested by the number and nature of waivers | ||||||
24 | requested and granted and the difficulties faced in compliance | ||||||
25 | by similarly situated facilities.
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26 | (Source: P.A. 96-339, eff. 7-1-10.)
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1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2010. |