Illinois General Assembly - Full Text of HB0771
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Full Text of HB0771  93rd General Assembly

HB0771enr 93rd General Assembly


HB0771 Enrolled                      LRB093 05322 DRJ 05412 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 Illinois Act on the Aging is  amended  by
 5    adding Section 4.04a as follows:

 6        (20 ILCS 105/4.04a new)
 7        Sec. 4.04a.  Illinois Long-Term Care Council.
 8        (a)  Purpose.  The  purpose  of this Section is to ensure
 9    that consumers over the age  of  60  residing  in  facilities
10    licensed  or  regulated  under  the  Nursing  Home  Care Act,
11    Skilled  Nursing  and  Intermediate  Care  Facilities   Code,
12    Sheltered  Care  Facilities  Code, and the Illinois Veterans'
13    Homes Code receive high quality  long-term  care  through  an
14    effective Illinois Long-Term Care Council.
15        (b)  Maintenance  and operation of the Illinois Long-Term
16    Care Council.
17             (1)  The  Department  shall  develop  a   fair   and
18        impartial    process   for   recruiting   and   receiving
19        nominations for members for the Illinois  Long-Term  Care
20        Council from the State Long-Term Care Ombudsman, the area
21        agencies  on aging, regional ombudsman programs, provider
22        agencies, and other public agencies, using  a  nomination
23        form provided by the Department.
24             (2)  The  Department  shall  appoint  members to the
25        Illinois Long-Term Care Council in a timely manner.
26             (3)  The Department shall consider and act  in  good
27        faith  regarding  the  Illinois  Long-Term Care Council's
28        annual report and its recommendations.
29             (4)  The Director  shall  appoint  to  the  Illinois
30        Long-Term  Care  Council at least 18 but not more than 25
31        members.
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 1        (c)  Responsibilities  of  the   State   Long-Term   Care
 2    Ombudsman,  area  agencies  on aging, regional long-term care
 3    ombudsman  programs,  and  provider   agencies.   The   State
 4    Long-Term  Care  Ombudsman  and  each  area  agency on aging,
 5    regional  long-term  care  ombudsman  program,  and  provider
 6    agency shall solicit  names  and  recommend  members  to  the
 7    Department  for  appointment  to  the Illinois Long-Term Care
 8    Council.
 9        (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
10    Council shall do the following:
11             (1)  Make  recommendations  and  comment  on  issues
12        pertaining to long-term care and the State Long-Term Care
13        Ombudsman Program to the Department.
14             (2)  Advise the Department on matters pertaining  to
15        the  quality of life and quality of care in the continuum
16        of long-term care.
17             (3)  Evaluate, comment  on  reports  regarding,  and
18        make  recommendations on, the quality of life and quality
19        of care in long-term care facilities and  on  the  duties
20        and   responsibilities   of   the  State  Long-Term  Care
21        Ombudsman Program.
22             (4)  Prepare and circulate an annual report  to  the
23        Governor,  the  General  Assembly,  and  other interested
24        parties concerning the duties and accomplishments of  the
25        Illinois  Long-Term  Care  Council  and all other related
26        matters pertaining to long-term care and  the  protection
27        of residents' rights.
28             (5)  Provide an opportunity for public input at each
29        scheduled meeting.
30             (6)  Make  recommendations to the Director, upon his
31        or her request, as to  individuals  who  are  capable  of
32        serving  as  the  State  Long-Term Care Ombudsman and who
33        should make appropriate  application  for  that  position
34        should it become vacant.
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 1        (e)  Composition  and  operation.  The Illinois Long-Term
 2    Care Council shall be composed of at least 18  but  not  more
 3    than  25  members  concerned  about  the  quality  of life in
 4    long-term  care  facilities  and  protecting  the  rights  of
 5    residents, including members from long-term care  facilities.
 6    The  State  Long-Term  Care  Ombudsman  shall  be a permanent
 7    member of the Long-Term  Care  Council.    Members  shall  be
 8    appointed   for  a  4-year  term  with  initial  appointments
 9    staggered with 2-year, 3-year, and 4-year  terms.  A  lottery
10    will  determine  the  terms  of office for the members of the
11    first term. Members may be  reappointed  to  a  term  but  no
12    member  may  be reappointed to more than 2 consecutive terms.
13    The Illinois Long-Term Care Council shall meet a minimum of 3
14    times per calendar year.
15        (f)  Member   requirements.   All   members   shall    be
16    individuals  who  have demonstrated concern about the quality
17    of life in long-term care facilities. A minimum of 3  members
18    must  be  current  or  former  residents  of  long-term  care
19    facilities  or  the  family  member  of  a  current or former
20    resident of a long-term care facility. A minimum of 2 members
21    shall represent current or  former  long-term  care  facility
22    resident  councils or family councils. A minimum of 4 members
23    shall be selected from recommendations by organizations whose
24    members  consist   of   long-term   care   facilities.      A
25    representative of long-term care facility employees must also
26    be  included  as  a  member.  A minimum of 2 members shall be
27    selected  from  recommendations  of  membership-based  senior
28    advocacy groups or consumer organizations that engage  solely
29    in  legal representation on behalf of residents and immediate
30    families.  There shall be non-voting State agency members  on
31    the  Long-Term  Care Council from the following agencies: (i)
32    the Department of Veterans' Affairs; (ii) the  Department  of
33    Human  Services;  (iii) the Department of Public Health; (iv)
34    the Department on Aging; (v) the Department  of  Public  Aid;
HB0771 Enrolled            -4-       LRB093 05322 DRJ 05412 b
 1    (vi)  the  Illinois State Police Medicaid Fraud Control Unit;
 2    and (vii) others as appropriate.

 3        Section 99. Effective date. This Act  takes  effect  upon
 4    becoming law.