Sen. Kimberly A. Lightford

Filed: 11/15/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 261

2    AMENDMENT NO. ______. Amend Senate Bill 261 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rehabilitation of Persons with
5Disabilities Act is amended by changing Section 17.1 as
6follows:
 
7    (20 ILCS 2405/17.1)
8    Sec. 17.1. Home Care Consumer Bill of Rights.
9    (a) Definitions. As used in this Section:
10    "Home care consumer" or "consumer" means a person aged 60
11or older or a person with disabilities aged 18 through 59 who
12receives services in his or her home or community to promote
13independence and reduce the necessity for residence in a
14long-term care facility. These services may include the
15following:
16        (1) Home care services provided under this Act, the

 

 

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1    Medicare program under Title XVIII of the Social Security
2    Act, the Medicaid program under Title XIX of the Social
3    Security Act, or any other program funded by public or
4    private moneys.
5        (2) Home care services determined to be appropriate by
6    the Department.
7    "Home Care Consumer Bill of Rights" means, at a minimum,
8the rights set forth in subsections (b) through (g) and, in
9addition, any other rights established under subsection (h).
10    "Home care services" or "services" means home and
11community-based services to promote independence and reduce
12the necessity for residence in a long-term care facility,
13including personal care services designed to assist an
14individual in the activities of daily living such as bathing,
15exercising, personal grooming, and getting in and out of bed.
16    (b) Home care consumer's right to basic safety.
17        (1) A home care consumer has the right to be protected
18    from physical, sexual, mental, and verbal abuse, neglect,
19    and exploitation, including financial exploitation.
20        (2) A home care consumer has the right to be served by
21    providers who are properly trained and are providing home
22    care services within their scope of practice and the scope
23    of their certification or licensure by the State.
24        (3) A provider of home care services shall maintain the
25    confidentiality of all personal, financial, and medical
26    information of the home care consumers to whom it provides

 

 

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1    services.
2        (4) A provider of home care services shall respect the
3    personal property of the home care consumers to whom it
4    provides services. If a consumer reports a theft or loss of
5    personal property, the provider shall investigate and
6    shall report back to the consumer the results of the
7    investigation.
8    (c) Home care consumer's right to information.
9        (1) A home care consumer has the right to be informed
10    of the following by a provider of home care services within
11    2 weeks after starting to receive home care services:
12            (A) His or her rights under this Section.
13            (B) The entities the home care consumer may contact
14        if his or her rights are violated, including the name
15        and contact information for the Department of Human
16        Services and the Department on Aging and other State
17        and local agencies responsible for enforcing the Home
18        Care Consumer Bill of Rights.
19        (2) A home care consumer has the right to:
20            (A) be informed of (i) the cost of home care
21        services prior to receiving those services, (ii)
22        whether the cost of those services is covered under
23        health insurance, long-term care insurance, or other
24        private or public programs, and (iii) any charges the
25        consumer will be expected to pay; and
26            (B) be given advance notice of any changes to those

 

 

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1        costs or services.
2        (3) A home care consumer has the right to access
3    information about the availability of the home care
4    services provided in his or her community and has the right
5    to choose among home care services and providers of home
6    care services available in that community.
7    (d) Home care consumer's right to choice, participation,
8and self-determination.
9        (1) A home care consumer has the right to participate
10    in the planning of his or her home care services, including
11    making choices about aspects of his or her care and
12    services that are important to him or her, choosing
13    providers and schedules to the extent practicable,
14    receiving reasonable accommodation of his or her needs and
15    preferences, and involving anyone he or she chooses to
16    participate with him or her in that planning.
17        (2) A home care consumer has the right to be provided
18    with sufficient information to make informed decisions, to
19    be fully informed in advance about any proposed changes in
20    care and services, and to be involved in the
21    decision-making process regarding those changes.
22        (3) A home care consumer may refuse services and has
23    the right to receive an explanation of the consequences of
24    doing so.
25        (4) A home care consumer has the right to choose a
26    provider of his or her choice and shall determine the

 

 

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1    number of hours worked weekly by his or her provider,
2    subject to the monthly limit of hours in the consumer's
3    service plan. The State of Illinois and its Departments may
4    not limit the number of weekly hours worked by providers of
5    home care services.
6    (e) Home care consumer's right to dignity and
7individuality. A home care consumer has the right to receive
8care and services provided in a way that promotes his or her
9dignity and individuality.
10    (f) Home care consumer's right to redress grievances.
11        (1) A home care consumer has the right to express
12    grievances about the quality of his or her home care
13    services, the number of hours of service, and any
14    violations of his or her rights under this Section. A home
15    care consumer has the right to receive prompt responses to
16    those concerns and to be informed about the entities the
17    consumer may contact to state those grievances in order to
18    have the grievances addressed in an appropriate and timely
19    manner and without retaliation.
20        (2) A home care consumer has the right to assert his or
21    her rights under this Section without retaliation.
22    (g) Home care consumer's right to fiduciary assistance. A
23home care consumer has the right to a fiduciary's assistance in
24securing the consumer's rights under this Section.
25    (h) Other rights. The Home Care Consumer Bill of Rights may
26include any other rights determined to be appropriate by the

 

 

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1Department.
2    (i) The Department of Human Services and the Department on
3Aging shall develop a plan for enforcing the Home Care Consumer
4Bill of Rights. In developing the plan, the Departments shall
5establish and take into account best practices for enforcement
6of those rights. The Departments shall make those best
7practices available to the public through their official web
8sites. The plan shall include a description of how entities
9with a role in protecting older adults aged 60 or older and
10persons with disabilities aged 18 through 59, such as home care
11services licensing agencies, adult protective services
12agencies, the Office of State Long Term Care Ombudsman, local
13law enforcement agencies, and other entities determined to be
14appropriate by the Departments, will coordinate activities to
15enforce the Home Care Consumer Bill of Rights.
16(Source: P.A. 98-935, eff. 8-15-14.)
 
17    Section 99. Effective date. This Act takes effect June 1,
182017.".