Illinois General Assembly - Full Text of SB2270
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Full Text of SB2270  102nd General Assembly




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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 Nursing Home Care Act is amended by
5changing Section 3-120 as follows:
6    (210 ILCS 45/3-120)
7    Sec. 3-120. Certification of behavioral management units.
8    (a) No later than January 1, 2022 2011, the Department
9shall file with the Secretary of State's Office Joint
10Committee on Administrative Rules, pursuant to the Illinois
11Administrative Procedure Act, proposed rules or proposed
12amendments to existing rules to certify nursing homes or
13distinct self-contained units within existing nursing homes
14for the behavioral management of persons with a high risk of
15aggression. The purpose of the certification program is to
16ensure that the safety of residents, employees, and the public
17is preserved. No more than 3 facilities shall be certified in
18the first 3 years after the effective date of this amendatory
19Act of the 102nd General Assembly. Prior to the expansion of
20the number of certified facilities, the Department shall
21collaborate with stakeholders, including, but not limited to,
22organizations whose membership consists of congregate
23long-term care facilities, to evaluate the efficacy of the



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1certification program.
2    (b) The Department's rules shall, at a minimum, provide
3for the following:
4        (1) A security and safety assessment, completed before
5    admission to a certified unit if an Identified Offender
6    Report and Recommendation or other criminal risk analysis
7    has not been completed, to identify existing or potential
8    residents at risk of committing violent acts and determine
9    appropriate preventive action to be taken. The assessment
10    shall include, but need not be limited to, (i) a measure of
11    the frequency of, (ii) an identification of the
12    precipitating factors for, and (iii) the consequences of,
13    violent acts. The security and safety assessment shall be
14    in addition to any risk-of-harm assessment performed by a
15    PAS screener, but may use the results of this or any other
16    assessment. The security and safety assessment shall be
17    completed by the same licensed forensic psychologist who
18    prepares Identified Offender Reports and Recommendations
19    for identified offenders.
20        (2) Development of an individualized treatment and
21    behavior management plan for each resident to reduce
22    overall and specific risks.
23        (3) Room selection and appropriateness of roommate
24    assignment.
25        (4) Protection of residents, employees, and members of
26    the public from aggression by residents.



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1        (5) Supervision and monitoring.
2        (6) Staffing levels.
3        (7) Quality assurance and improvement.
4        (8) Staff training, conducted during orientation and
5    periodically thereafter, specific to each job description
6    covering the following topics as appropriate:
7            (A) The violence escalation cycle.
8            (B) Violence predicting factors.
9            (C) Obtaining a history from a resident with a
10        history of violent behavior.
11            (D) Verbal and physical techniques to de-escalate
12        and minimize violent behavior.
13            (E) Strategies to avoid physical harm.
14            (F) Containment techniques, as permitted and
15        governed by law.
16            (G) Appropriate treatment to reduce violent
17        behavior.
18            (H) Documenting and reporting incidents of
19        violence.
20            (I) The process whereby employees affected by a
21        violent act may be debriefed or calmed down and the
22        tension of the situation may be reduced.
23            (J) Any resources available to employees for
24        coping with violence.
25            (K) Any other topic deemed appropriate based on
26        job description and the needs of this population.



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1        (9) Elimination or reduction of environmental factors
2    that affect resident safety.
3        (10) Periodic independent reassessment of the
4    individual resident for appropriateness of continued
5    placement on the certified unit. For the purposes of this
6    paragraph (10), "independent" means that no professional
7    or financial relationship exists between any person making
8    the assessment and any community provider or long term
9    care facility.
10        (11) A definition of a "person with high risk of
11    aggression". The definition shall not include any person
12    with a serious mental illness who is eligible to receive
13    services under the Specialized Mental Health
14    Rehabilitation Act of 2013.
15    The Department shall develop the administrative rules
16under this subsection (b) in collaboration with other relevant
17State agencies and in consultation with (i) advocates for
18residents, (ii) providers of nursing home services, and (iii)
19labor and employee-representation organizations.
20    (c) A long term care facility found to be out of compliance
21with the certification requirements under Section 3-120 may be
22subject to denial, revocation, or suspension of the behavioral
23management unit certification or the imposition of sanctions
24and penalties, including the immediate suspension of new
25admissions. Hearings shall be conducted pursuant to Part 7 of
26Article III of this Act.



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1    (d) The Department shall establish a certification fee
2schedule by rule, in consultation with advocates, nursing
3homes, and representatives of associations representing long
4term care facilities.
5(Source: P.A. 96-1372, eff. 7-29-10.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.