SB0261 EngrossedLRB099 03421 JLS 23429 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rehabilitation of Persons with Disabilities
5Act is amended by changing Section 17.1 as follows:
 
6    (20 ILCS 2405/17.1)
7    Sec. 17.1. Home Care Consumer Bill of Rights.
8    (a) Definitions. As used in this Section:
9    "Home care consumer" or "consumer" means a person aged 60
10or older or a person with disabilities aged 18 through 59 who
11receives services in his or her home or community to promote
12independence and reduce the necessity for residence in a
13long-term care facility. These services may include the
14following:
15        (1) Home care services provided under this Act, the
16    Medicare program under Title XVIII of the Social Security
17    Act, the Medicaid program under Title XIX of the Social
18    Security Act, or any other program funded by public or
19    private moneys.
20        (2) Home care services determined to be appropriate by
21    the Department.
22    "Home Care Consumer Bill of Rights" means, at a minimum,
23the rights set forth in subsections (b) through (g) and, in

 

 

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

 

 

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

 

 

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1        (1) A home care consumer has the right to participate
2    in the planning of his or her home care services, including
3    making choices about aspects of his or her care and
4    services that are important to him or her, choosing
5    providers and schedules to the extent practicable,
6    receiving reasonable accommodation of his or her needs and
7    preferences, and involving anyone he or she chooses to
8    participate with him or her in that planning.
9        (2) A home care consumer has the right to be provided
10    with sufficient information to make informed decisions, to
11    be fully informed in advance about any proposed changes in
12    care and services, and to be involved in the
13    decision-making process regarding those changes.
14        (3) A home care consumer may refuse services and has
15    the right to receive an explanation of the consequences of
16    doing so.
17        (4) A home care consumer has the right to choose a
18    provider of his or her choice and shall determine the
19    number of hours worked weekly by his or her provider,
20    subject to the monthly limit of hours in the consumer's
21    service plan. The State of Illinois and its Departments may
22    not limit the number of weekly hours worked by providers of
23    home care services.
24    (e) Home care consumer's right to dignity and
25individuality. A home care consumer has the right to receive
26care and services provided in a way that promotes his or her

 

 

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1dignity and individuality.
2    (f) Home care consumer's right to redress grievances.
3        (1) A home care consumer has the right to express
4    grievances about the quality of his or her home care
5    services, the number of hours of service, and any
6    violations of his or her rights under this Section. A home
7    care consumer has the right to receive prompt responses to
8    those concerns and to be informed about the entities the
9    consumer may contact to state those grievances in order to
10    have the grievances addressed in an appropriate and timely
11    manner and without retaliation.
12        (2) A home care consumer has the right to assert his or
13    her rights under this Section without retaliation.
14    (g) Home care consumer's right to fiduciary assistance. A
15home care consumer has the right to a fiduciary's assistance in
16securing the consumer's rights under this Section.
17    (h) Other rights. The Home Care Consumer Bill of Rights may
18include any other rights determined to be appropriate by the
19Department.
20    (i) The Department of Human Services and the Department on
21Aging shall develop a plan for enforcing the Home Care Consumer
22Bill of Rights. In developing the plan, the Departments shall
23establish and take into account best practices for enforcement
24of those rights. The Departments shall make those best
25practices available to the public through their official web
26sites. The plan shall include a description of how entities

 

 

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1with a role in protecting older adults aged 60 or older and
2persons with disabilities aged 18 through 59, such as home care
3services licensing agencies, adult protective services
4agencies, the Office of State Long Term Care Ombudsman, local
5law enforcement agencies, and other entities determined to be
6appropriate by the Departments, will coordinate activities to
7enforce the Home Care Consumer Bill of Rights.
8(Source: P.A. 98-935, eff. 8-15-14.)
 
9    Section 99. Effective date. This Act takes effect June 1,
102017.