98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5852

 

Introduced , by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 42/40 new

    Amends the Older Adult Services Act. Adds provisions creating a Home Care Consumer Bill of Rights, which includes the following rights: to basic safety; to information concerning the availability of home care services and other matters; to choice, participation, and self-determination in connection with planning home care services; to care and services provided in a way that promotes a consumer's dignity and individuality; and to redress of grievances. Requires the Department on Aging, in collaboration with the departments of Public Health and Healthcare and Family Services and other agencies, to develop a plan for enforcing the Home Care Consumer Bill of Rights. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Older Adult Services Act is amended by
5adding Section 40 as follows:
 
6    (320 ILCS 42/40 new)
7    Sec. 40. Home Care Consumer Bill of Rights.
8    (a) Definitions. As used in this Section:
9    "Home care consumer" or "consumer" means a person who
10receives services in his or her home or community to promote
11independence and reduce the necessity for residence in a
12long-term care facility. These services may include the
13following:
14        (1) Home care services provided under this Act, the
15    Medicare program under Title XVIII of the Social Security
16    Act, the Medicaid program under Title XIX of the Social
17    Security Act, or any other program funded by public or
18    private moneys.
19        (2) Home care services determined to be appropriate by
20    the Department.
21    "Home Care Consumer Bill of Rights" means, at a minimum,
22the rights set forth in subsections (b) through (g) and, in
23addition, any other rights established under subsection (h).

 

 

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1    "Home care services" or "services" means home and
2community-based services to promote independence and reduce
3the necessity for residence in a long-term care facility,
4including personal care services designed to assist an
5individual in the activities of daily living such as bathing,
6exercising, personal grooming, and getting in and out of bed.
7    (b) Home care consumer's right to basic safety.
8        (1) A home care consumer has the right to be protected
9    from physical, sexual, mental, and verbal abuse, neglect,
10    and exploitation, including financial exploitation.
11        (2) A home care consumer has the right to be served by
12    providers who are properly trained and are providing home
13    care services within their scope of practice and the scope
14    of their certification or licensure by the State.
15        (3) A provider of home care services shall maintain the
16    confidentiality of all personal, financial, and medical
17    information of the home care consumers to whom it provides
18    services.
19        (4) A provider of home care services shall respect the
20    personal property of the home care consumers to whom it
21    provides services. If a consumer reports a theft or loss of
22    personal property, the provider shall investigate and
23    shall report back to the consumer the results of the
24    investigation.
25    (c) Home care consumer's right to information.
26        (1) A home care consumer has the right to be informed

 

 

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1    of the following by a provider of home care services within
2    2 weeks after starting to receive home care services:
3            (A) His or her rights under this Section.
4            (B) The entities the home care consumer may contact
5        if his or her rights are violated, including the name
6        and contact information for the Department on Aging and
7        other State and local agencies responsible for
8        enforcing the Home Care Consumer Bill of Rights.
9        (2) A home care consumer has the right to:
10            (A) be informed of (i) the cost of home care
11        services prior to receiving those services, (ii)
12        whether the cost of those services is covered under
13        health insurance, long-term care insurance, or other
14        private or public programs, and (iii) any charges the
15        consumer will be expected to pay; and
16            (B) be given advance notice of any changes to those
17        costs or services.
18        (3) A home care consumer has the right to access to
19    information about the availability of the home care
20    services provided in his or her community and has the right
21    to choose among home care services and providers of home
22    care services available in that community.
23    (d) Home care consumer's right to choice, participation,
24and self-determination.
25        (1) A home care consumer has the right to participate
26    in the planning of his or her home care services, including

 

 

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1    making choices about aspects of his or her care and
2    services that are important to him or her, choosing
3    providers and schedules to the extent practicable,
4    receiving reasonable accommodation of his or her needs and
5    preferences, and involving anyone he or she chooses to
6    participate with him or her in that planning.
7        (2) A home care consumer has the right to be provided
8    with sufficient information to make informed decisions, to
9    be fully informed in advance about any proposed changes in
10    care and services, and to be involved in the
11    decision-making process regarding those changes.
12        (3) A home care consumer may refuse services and has
13    the right to receive an explanation of the consequences of
14    doing so.
15    (e) Home care consumer's right to dignity and
16individuality. A home care consumer has the right to receive
17care and services provided in a way that promotes his or her
18dignity and individuality.
19    (f) Home care consumer's right to redress grievances.
20        (1) A home care consumer has the right to express
21    grievances about the quality of his or her home care
22    services, the number of hours of service, and any
23    violations of his or her rights under this Section. A home
24    care consumer has the right to receive prompt responses to
25    those concerns and to be informed about the entities the
26    consumer may contact to state those grievances in order to

 

 

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1    have the grievances addressed in an appropriate and timely
2    manner and without retaliation.
3        (2) A home care consumer has the right to assert his or
4    her rights under this Section without retaliation.
5    (g) Home care consumer's right to fiduciary assistance. A
6home care consumer has the right to a fiduciary's assistance in
7securing the consumer's rights under this Section.
8    (h) Other rights. The Home Care Consumer Bill of Rights may
9include any other rights determined to be appropriate by the
10Department.
11    (i) The Department shall develop a plan for enforcing the
12Home Care Consumer Bill of Rights. In developing the plan, the
13Department shall establish and take into account best practices
14for enforcement of those rights. The Department shall make
15those best practices available to the public through its
16official web site. The plan shall include a description of how
17entities with a role in protecting older adults, such as home
18care services licensing agencies, adult protective services
19agencies, the Office of State Long Term Care Ombudsman, local
20law enforcement agencies, and other entities determined to be
21appropriate by the Department, will coordinate activities to
22enforce the Home Care Consumer Bill of Rights.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.