Illinois General Assembly - Full Text of HB5223
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Full Text of HB5223  102nd General Assembly

HB5223 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5223

 

Introduced 1/31/2022, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/96 new

    Amends the Assisted Living and Shared Housing Act. Provides that the Department of Public Health shall require each assisted living or shared housing establishment in the State, as a condition of establishment licensure, to adopt and implement written policies, provide for the availability of technology to establishment residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of establishment residents. Contains specified requirements for the social isolation prevention policies. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that an assisted living or shared housing establishment may apply to the Department for civil monetary penalty fund grants, and may request other available federal and State funds. Provides that whenever the Department conducts an inspection of an assisted living or shared housing establishment, the Department shall determine whether the establishment is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Provides that an establishment that fails to comply with the provisions or properly implement the policies, protocols, and procedures required shall be liable to pay an administrative penalty as a Type 3 violation on and after January 1, 2023. Contains other provisions. Effective immediately.


LRB102 22607 CPF 31750 b

 

 

A BILL FOR

 

HB5223LRB102 22607 CPF 31750 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by adding Section 96 as follows:
 
6    (210 ILCS 9/96 new)
7    Sec. 96. Religious and recreational activities; social
8isolation.
9    (a) In this Section:
10    "Assistive and supportive technology and devices" means
11computers, video conferencing equipment, distance based
12communication technology, or other technological equipment,
13accessories, or electronic licenses as may be necessary to
14ensure that residents are able to engage in face-to-face,
15verbal-based, or auditory-based contact, communication,
16religious activity, or recreational activity with other
17assisted living or shared housing establishment residents and
18with family members, friends, loved ones, caregivers, and
19other external support systems, through electronic means, in
20accordance with the provisions of paragraphs (2) and (3) of
21subsection (c).
22    "Religious and recreational activities" includes any
23religious, social, or recreational activity that is consistent

 

 

HB5223- 2 -LRB102 22607 CPF 31750 b

1with a resident's preferences and choosing, regardless of
2whether the activity is coordinated, offered, provided, or
3sponsored by establishment staff or by an outside activities
4provider.
5    "Resident's representative" has the same meaning as
6provided in Section 10.
7    "Social isolation" means a state of isolation wherein a
8resident of an assisted living or shared housing establishment
9is unable to engage in social interactions and religious and
10recreational activities with other establishment residents or
11with family members, friends, loved ones, caregivers and
12external support systems.
13    "Virtual visitation" means the use of face-to-face,
14verbal-based, or auditory-based contact through electronic
15means.
16    (b) The Department shall:
17        (1) require each assisted living or shared housing
18    establishment in the State to adopt and implement written
19    policies, provide for the availability of assistive and
20    supportive technology and devices to establishment
21    residents, and ensure that appropriate staff are in place
22    to help prevent the social isolation of establishment
23    residents; and
24        (2) communicate regularly with the Department of
25    Healthcare and Family Services and the Department on Aging
26    regarding intergovernmental cooperation concerning best

 

 

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1    practices for potential funding for facilities to mitigate
2    the potential for racial disparities as an unintended
3    consequence of this Act.
4    The virtual visitation policies shall not be interpreted
5as a substitute for in-person visitation, but shall be wholly
6in addition to existing in-person visitation policies.
7    (c) The social isolation prevention policies adopted by
8each assisted living or shared housing establishment pursuant
9to subsection (b) shall be consistent with rights and
10privileges guaranteed to residents and shall include the
11following:
12        (1) authorization and inclusion of specific protocols
13    and procedures to encourage and enable residents of the
14    establishment to engage in in-person contact,
15    communication, religious activity, and recreational
16    activity with other establishment residents and with
17    family members, friends, loved ones, caregivers, and other
18    external support systems, except when prohibited,
19    restricted, or limited by federal or State statute, rule,
20    regulation, executive order, or guidance;
21        (2) authorization and inclusion of specific protocols
22    and procedures to encourage and enable residents to engage
23    in face-to-face, verbal-based, or auditory-based contact,
24    communication, religious activity, and recreational
25    activity with other establishment residents and with
26    family members, friends, loved ones, caregivers, and other

 

 

HB5223- 4 -LRB102 22607 CPF 31750 b

1    external support systems through the use of electronic or
2    virtual means and methods, including, but not limited to,
3    computer technology, the Internet, social media,
4    videoconferencing, videophone, and other innovative
5    technological means or methods, whenever the resident is
6    subject to restrictions that limit his or her ability to
7    engage in in-person contact, communication, religious
8    activity, or recreational activity as authorized by
9    paragraph (1) and when the technology requested is not
10    being used by other residents in the event of a limited
11    number of items of technology in an establishment;
12        (3) a mechanism for residents of the establishment or
13    the residents' representatives to request access to
14    assistive and supportive technology and devices as may be
15    necessary to facilitate the residents' engagement in
16    face-to-face, verbal-based, or auditory-based contact,
17    communication, religious activity, and recreational
18    activity with other residents, family members, friends,
19    and other external support systems, through electronic
20    means, as provided under paragraph (2);
21        (4) specific administrative policies, procedures, and
22    protocols governing:
23            (A) the acquisition, maintenance, and replacement
24        of assistive and supportive technology and devices;
25            (B) the use of environmental barriers and other
26        controls when the assistive and supportive technology

 

 

HB5223- 5 -LRB102 22607 CPF 31750 b

1        and devices acquired pursuant to subparagraph (A) are
2        in use, especially in cases where the assistive and
3        supportive technology and devices are likely to become
4        contaminated with bodily substances, are touched
5        frequently, or are difficult to clean; and
6            (C) the regular cleaning of the assistive and
7        supportive technology and devices acquired pursuant to
8        subparagraph (A) and any environmental barriers or
9        other physical controls used in association therewith;
10        (5) a requirement that (i) upon admission and (ii) at
11    the request of a resident or the resident's
12    representative, appropriate staff shall develop and update
13    an individualized virtual visitation schedule while taking
14    into account the individual's requests and preferences
15    with respect to the residents' participation in social
16    interactions and religious and recreational activities;
17        (6) a requirement that appropriate staff, upon the
18    request of a resident or the resident's family members,
19    guardian, or representative, shall develop an
20    individualized virtual visitation schedule for the
21    resident, which shall:
22            (A) address the need for a virtual visitation
23        schedule and establish a virtual visitation schedule
24        if deemed to be appropriate;
25            (B) identify the assessed needs and preferences of
26        the resident and any preferences specified by the

 

 

HB5223- 6 -LRB102 22607 CPF 31750 b

1        resident's representative, unless a preference
2        specified by the resident conflicts with a preference
3        specified by the resident's representative, in which
4        case the resident's preference shall take priority;
5            (C) document the assisted living or shared housing
6        establishment's defined virtual hours of visitation
7        and inform the resident and the resident's
8        representative that virtual visitation pursuant to
9        paragraph (2) of subsection (c) will adhere to the
10        defined visitation hours;
11            (D) describe the location within the establishment
12        and assistive and supportive technology and devices to
13        be used in virtual visitation; and
14            (E) describe the respective responsibilities of
15        staff, visitors, and the resident when engaging in
16        virtual visitation pursuant to the individualized
17        visitation plan;
18        (7) a requirement (i) upon admission and (ii) at the
19    request of the resident or the resident's representative,
20    to provide notification to the resident and the resident's
21    representative that they have the right to request of
22    establishment staff the creation and review of a
23    resident's individualized virtual visitation schedule;
24        (8) a requirement (i) upon admission and (ii) at the
25    request of the resident or resident's representative, to
26    provide, in writing to the resident or resident's

 

 

HB5223- 7 -LRB102 22607 CPF 31750 b

1    representative, virtual visitation hours, how to schedule
2    a virtual visitation, and how to request assistive and
3    supportive technology and devices;
4        (9) specific policies, protocols, and procedures
5    governing a resident's requisition, use, and return of
6    assistive and supportive technology and devices maintained
7    pursuant to subparagraph (A) of paragraph (4), and require
8    appropriate staff to communicate those policies,
9    protocols, and procedures to residents; and
10        (10) the designation of at least one member of the
11    therapeutic recreation or activities department, or, if
12    the establishment does not have such a department, the
13    designation of at least one senior staff member, as
14    determined by establishment management, to train other
15    appropriate establishment employees, including, but not
16    limited to, activities professionals and volunteers,
17    social workers, occupational therapists, and therapy
18    assistants, to provide direct assistance to residents upon
19    request and on an as-needed basis, as necessary to ensure
20    that each resident is able to successfully access and use,
21    for the purposes specified in paragraphs (2) and (3) of
22    this subsection, the assistive and supportive technology
23    and devices acquired pursuant to subparagraph (A) of
24    paragraph (4).
25    (d) An assisted living or shared housing establishment may
26apply to the Department for civil monetary penalty fund grants

 

 

HB5223- 8 -LRB102 22607 CPF 31750 b

1for assistive and supportive technology and devices and may
2request other available federal and State funds.
3    (e) The Department shall determine whether an assisted
4living or shared housing establishment is in compliance with
5the provisions of this Section and the policies, protocols,
6and procedures adopted pursuant to this Section in accordance
7with this Act for surveys and inspections.
8    In addition to any other applicable penalties provided by
9law, an assisted living or shared housing establishment that
10fails to comply with the provisions of this Section or
11properly implement the policies, protocols, and procedures
12adopted pursuant to subsection (b) shall be liable to pay an
13administrative penalty as a Type 3 violation, the amount of
14which shall be determined in accordance with a schedule
15established by the Department by rule. The schedule shall
16provide for an enhanced administrative penalty in the case of
17a repeat or ongoing violation. Implementation of an
18administrative penalty as a Type 3 violation under this
19subsection shall not be imposed prior to January 1, 2023.
20    (f) Whenever a complaint received by the Office of State
21Long Term Care Ombudsman discloses evidence that an assisted
22living or shared housing establishment has failed to comply
23with the provisions of this Section or to properly implement
24the policies, protocols, and procedures adopted pursuant to
25subsection (b), the Office of State Long Term Care Ombudsman
26shall refer the matter to the Department.

 

 

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1    (g) This Section does not impact, limit, or constrict a
2resident's right to or usage of his or her personal property
3under Section 95.
4    (h) Specific protocols and procedures shall be developed
5to ensure that the quantity of assistive and supportive
6technology and devices maintained on-site at the establishment
7remains sufficient, at all times, to meet the assessed social
8and activity needs and preferences of each establishment
9resident. Residents' family members or caregivers should be
10considered, as appropriate, in the assessment and
11reassessment.
12    (i) Within 60 days after the effective date of this
13amendatory Act of the 102nd General Assembly, the Department
14shall file rules necessary to implement the provisions of this
15Section. The rules shall include, but need not be limited to,
16minimum standards for the social isolation prevention policies
17to be adopted pursuant to subsection (b), a penalty schedule
18to be used pursuant to subsection (e), and policies regarding
19an assisted living or shared housing establishment's Internet
20access and subsequent Internet barriers in relation to a
21resident's virtual visitation plan pursuant to paragraph (2)
22of subsection (c).
23    (j) The Department's rules under subsection (i) shall take
24into account Internet bandwidth limitations outside of the
25control of an assisted living or shared housing establishment.
26    (k) Nothing in this Section shall be interpreted to mean

 

 

HB5223- 10 -LRB102 22607 CPF 31750 b

1that addressing the issues of social isolation shall take
2precedence over providing for the health and safety of the
3residents.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.