093_HB1207

 
                                     LRB093 04248 MKM 04294 b

 1        AN ACT in relation to aging.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Attorney General Act is amended by adding
 5    Section 6.6 as follows:

 6        (15 ILCS 205/6.6 new)
 7        Sec. 6.6.  Long Term Care Ombudsman Program.
 8        (a)  Long  Term  Care  Ombudsman  Program.  The  Attorney
 9    General  shall  establish a Long Term Care Ombudsman Program,
10    through the Office of State Long Term  Care  Ombudsman  ("the
11    Office"),  in  accordance  with  the  provisions of the Older
12    Americans Act of 1965, as now or hereafter amended.
13        (b)  Definitions. As used in  this  Section,  unless  the
14    context requires otherwise:
15             (1)  "Access"  has  the  same  meaning as in Section
16        1-104 of the Nursing Home Care Act, including  the  right
17        to:
18                  (i)  enter  any  long  term  care  facility  or
19             assisted living or shared housing establishment;
20                  (ii)  communicate    privately    and   without
21             restriction with any resident who  consents  to  the
22             communication;
23                  (iii)  seek  consent  to  communicate privately
24             and without restriction with any resident;
25                  (iv)  inspect the clinical and other records of
26             a resident with the express written consent  of  the
27             resident; and
28                  (v)  observe  all  areas  of the long term care
29             facility  or  assisted  living  or  shared   housing
30             establishment except the living area of any resident
31             who protests the observation.
 
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 1             (2)  "Long   Term   Care  Facility"  means  (i)  any
 2        facility as defined by Section 1-113 of the Nursing  Home
 3        Care  Act;  and  (ii)  any  skilled nursing facility or a
 4        nursing facility that meets the requirements  of  Section
 5        1819(a),  (b), (c), and (d) or Section 1919(a), (b), (c),
 6        and (d) of the Social Security Act, as now  or  hereafter
 7        amended  (42  U.S.C. 1395i-3(a), (b), (c), and (d) and 42
 8        U.S.C. 1396r(a), (b), (c), and (d)).
 9             (3)  "Assisted  living  establishment"  and  "shared
10        housing establishment"  have  the  meanings  given  those
11        terms  in  Section  10  of the Assisted Living and Shared
12        Housing Act.
13             (4)  "Ombudsman" means any person  employed  by  the
14        Attorney  General  to  fulfill  the  requirements  of the
15        Office  of  State  Long  Term  Care  Ombudsman,  or   any
16        representative  of  a  sub-State long term care ombudsman
17        program; provided that the representative, whether he  or
18        she  is  paid for or volunteers ombudsman services, shall
19        be qualified and authorized by the  Attorney  General  to
20        perform  the  duties  of an ombudsman as specified by the
21        Attorney General.
22        (c)  Ombudsman; rules. The Office of State Long Term Care
23    Ombudsman  shall  be  composed  of  at  least  one  full-time
24    ombudsman and shall include a system of designated  sub-State
25    long  term  care  ombudsman  programs. Each sub-State program
26    shall be designated by the Attorney General as a  subdivision
27    of  the Office, and any representative of a sub-State program
28    shall be treated as a representative of the Office.
29        The Attorney General shall establish the responsibilities
30    of the Office of State Long Term Care Ombudsman.  This  shall
31    include  the  responsibility of the Office to investigate and
32    resolve complaints made by or on behalf of residents of  long
33    term  care  facilities and assisted living and shared housing
34    establishments relating to actions, inaction, or decisions of
 
                            -3-      LRB093 04248 MKM 04294 b
 1    providers,  or  their  representatives,  of  long  term  care
 2    facilities,   of   assisted   living   and   shared   housing
 3    establishments, of public agencies,  or  of  social  services
 4    agencies,  that  may  adversely  affect  the  health, safety,
 5    welfare, or rights  of  the  residents.  When  necessary  and
 6    appropriate,   representatives  of  the  Office  shall  refer
 7    complaints to the appropriate regulatory  State  agency.  The
 8    Attorney General shall cooperate with the Department of Human
 9    Services  in providing information and training to designated
10    sub-State  long  term  care  ombudsman  programs  about   the
11    appropriate  assessment  and treatment (including information
12    about appropriate supportive services, treatment options, and
13    assessment  of  rehabilitation  potential)  of  persons  with
14    mental illness (other than Alzheimer's  disease  and  related
15    disorders).
16        (d)  Access and visitation rights.
17             (1)  In accordance with subparagraphs (A) and (E) of
18        paragraph  (3)  of  subsection  (c)  of  Section 1819 and
19        subparagraphs (A) and (E) of paragraph (3) of  subsection
20        (c) of Section 1919 of the Social Security Act, as now or
21        hereafter  amended  (42  U.S.C. 1395i-3 (c)(3)(A) and (E)
22        and 42 U.S.C. 1396r (c)(3)(A) and (E)), and  Section  712
23        of  the  Older Americans Act of 1965, as now or hereafter
24        amended (42 U.S.C. 3058f), a  long  term  care  facility,
25        assisted   living   establishment,   and  shared  housing
26        establishment must:
27                  (i)  permit immediate access to any resident by
28             an ombudsman; and
29                  (ii)  permit  representatives  of  the  Office,
30             with  the  permission  of  the   resident   or   the
31             resident's  legal  representative or legal guardian,
32             to examine the resident's clinical and other records
33             and, if the resident is  unable  to  consent  to  an
34             examination   and  has  no  legal  guardian,  permit
 
                            -4-      LRB093 04248 MKM 04294 b
 1             representatives of the Office appropriate access, as
 2             defined by the Attorney General, to  the  resident's
 3             records.
 4             (2)  Each  long  term care facility, assisted living
 5        establishment, and  shared  housing  establishment  shall
 6        display,  in  multiple,  conspicuous public places within
 7        the facility accessible to both visitors and patients and
 8        in an easily  readable  format,  the  address  and  phone
 9        number  of  the  Office,  in  a  manner prescribed by the
10        Office.
11        (e)  Immunity. An ombudsman or any  other  representative
12    of  the  Attorney  General  participating  in  the good faith
13    performance of his or her official duties shall have immunity
14    from any liability (civil, criminal,  or  otherwise)  in  any
15    proceedings  (civil,  criminal,  or  otherwise)  brought as a
16    consequence of the performance of his or her official duties.
17        (f)  Business offenses.
18             (1)  No person shall:
19                  (i)  intentionally prevent, interfere with,  or
20             attempt  to  impede in any way any representative of
21             the Office in the performance of his or her official
22             duties under this Act and the Older Americans Act of
23             1965; or
24                  (ii)  intentionally   retaliate,   discriminate
25             against, or effect reprisals against any  long  term
26             care facility resident or employee for contacting or
27             providing  information  to any representative of the
28             Office.
29             (2)  A violation  of  this  Section  is  a  business
30        offense, punishable by a fine not to exceed $501.
31        (g)  Confidentiality  of records and identities. No files
32    or records maintained by the Office of State Long  Term  Care
33    Ombudsman  shall  be  disclosed unless the State Ombudsman or
34    the ombudsman having the authority over  the  disposition  of
 
                            -5-      LRB093 04248 MKM 04294 b
 1    the files authorizes the disclosure in writing. The ombudsman
 2    shall not disclose the identity of any complainant, resident,
 3    witness, or employee of a long term care provider involved in
 4    a    complaint  or report unless that person or that person's
 5    guardian or legal representative consents in writing  to  the
 6    disclosure, or the disclosure is required by court order.
 7        (h)  Treatment  by prayer and spiritual means. Nothing in
 8    this Section shall be construed to authorize or  require  the
 9    medical  supervision, regulation, or control of remedial care
10    or treatment of any resident in a  long  term  care  facility
11    operated  exclusively  by and for members or adherents of any
12    church or religious denomination the tenets and practices  of
13    which  include  reliance  solely upon spiritual means through
14    prayer for healing.
15        (i)  The Department on Aging shall  immediately  transfer
16    to  the Attorney General all relevant records and all pending
17    matters formerly under the purview of the  Department's  Long
18    Term    Care    Ombudsman    Program.    The   immunity   and
19    confidentiality provisions  of  this  Section  apply  to  the
20    ombudsmen and representatives of the Department's former Long
21    Term Care Ombudsman Program.

22        (20 ILCS 105/4.04 rep.)
23        Section  10.  The Illinois Act on the Aging is amended by
24    repealing Section 4.04.