Illinois General Assembly - Full Text of HB1191
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Full Text of HB1191  98th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Act on the Aging is amended by
5changing Sections 4.01 and 4.04 as follows:
6    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
7    Sec. 4.01. Additional powers and duties of the Department.
8In addition to powers and duties otherwise provided by law, the
9Department shall have the following powers and duties:
10    (1) To evaluate all programs, services, and facilities for
11the aged and for minority senior citizens within the State and
12determine the extent to which present public or private
13programs, services and facilities meet the needs of the aged.
14    (2) To coordinate and evaluate all programs, services, and
15facilities for the Aging and for minority senior citizens
16presently furnished by State agencies and make appropriate
17recommendations regarding such services, programs and
18facilities to the Governor and/or the General Assembly.
19    (3) To function as the sole State agency to develop a
20comprehensive plan to meet the needs of the State's senior
21citizens and the State's minority senior citizens.
22    (4) To receive and disburse State and federal funds made
23available directly to the Department including those funds made



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1available under the Older Americans Act and the Senior
2Community Service Employment Program for providing services
3for senior citizens and minority senior citizens or for
4purposes related thereto, and shall develop and administer any
5State Plan for the Aging required by federal law.
6    (5) To solicit, accept, hold, and administer in behalf of
7the State any grants or legacies of money, securities, or
8property to the State of Illinois for services to senior
9citizens and minority senior citizens or purposes related
11    (6) To provide consultation and assistance to communities,
12area agencies on aging, and groups developing local services
13for senior citizens and minority senior citizens.
14    (7) To promote community education regarding the problems
15of senior citizens and minority senior citizens through
16institutes, publications, radio, television and the local
18    (8) To cooperate with agencies of the federal government in
19studies and conferences designed to examine the needs of senior
20citizens and minority senior citizens and to prepare programs
21and facilities to meet those needs.
22    (9) To establish and maintain information and referral
23sources throughout the State when not provided by other
25    (10) To provide the staff support that may reasonably be
26required by the Council.



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1    (11) To make and enforce rules and regulations necessary
2and proper to the performance of its duties.
3    (12) To establish and fund programs or projects or
4experimental facilities that are specially designed as
5alternatives to institutional care.
6    (13) To develop a training program to train the counselors
7presently employed by the Department's aging network to provide
8Medicare beneficiaries with counseling and advocacy in
9Medicare, private health insurance, and related health care
10coverage plans. The Department shall report to the General
11Assembly on the implementation of the training program on or
12before December 1, 1986.
13    (14) To make a grant to an institution of higher learning
14to study the feasibility of establishing and implementing an
15affirmative action employment plan for the recruitment,
16hiring, training and retraining of persons 60 or more years old
17for jobs for which their employment would not be precluded by
19    (15) To present one award annually in each of the
20categories of community service, education, the performance
21and graphic arts, and the labor force to outstanding Illinois
22senior citizens and minority senior citizens in recognition of
23their individual contributions to either community service,
24education, the performance and graphic arts, or the labor
25force. The awards shall be presented to 4 senior citizens and
26minority senior citizens selected from a list of 44 nominees



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1compiled annually by the Department. Nominations shall be
2solicited from senior citizens' service providers, area
3agencies on aging, senior citizens' centers, and senior
4citizens' organizations. The Department shall establish a
5central location within the State to be designated as the
6Senior Illinoisans Hall of Fame for the public display of all
7the annual awards, or replicas thereof.
8    (16) To establish multipurpose senior centers through area
9agencies on aging and to fund those new and existing
10multipurpose senior centers through area agencies on aging, the
11establishment and funding to begin in such areas of the State
12as the Department shall designate by rule and as specifically
13appropriated funds become available.
14    (17) To develop the content and format of the
15acknowledgment regarding non-recourse reverse mortgage loans
16under Section 6.1 of the Illinois Banking Act; to provide
17independent consumer information on reverse mortgages and
18alternatives; and to refer consumers to independent counseling
19services with expertise in reverse mortgages.
20    (18) To develop a pamphlet in English and Spanish which may
21be used by physicians licensed to practice medicine in all of
22its branches pursuant to the Medical Practice Act of 1987,
23pharmacists licensed pursuant to the Pharmacy Practice Act, and
24Illinois residents 65 years of age or older for the purpose of
25assisting physicians, pharmacists, and patients in monitoring
26prescriptions provided by various physicians and to aid persons



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165 years of age or older in complying with directions for
2proper use of pharmaceutical prescriptions. The pamphlet may
3provide space for recording information including but not
4limited to the following:
5        (a) name and telephone number of the patient;
6        (b) name and telephone number of the prescribing
7    physician;
8        (c) date of prescription;
9        (d) name of drug prescribed;
10        (e) directions for patient compliance; and
11        (f) name and telephone number of dispensing pharmacy.
12    In developing the pamphlet, the Department shall consult
13with the Illinois State Medical Society, the Center for
14Minority Health Services, the Illinois Pharmacists Association
15and senior citizens organizations. The Department shall
16distribute the pamphlets to physicians, pharmacists and
17persons 65 years of age or older or various senior citizen
18organizations throughout the State.
19    (19) To conduct a study of the feasibility of implementing
20the Senior Companion Program throughout the State.
21    (20) The reimbursement rates paid through the community
22care program for chore housekeeping services and home care
23aides shall be the same.
24    (21) From funds appropriated to the Department from the
25Meals on Wheels Fund, a special fund in the State treasury that
26is hereby created, and in accordance with State and federal



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1guidelines and the intrastate funding formula, to make grants
2to area agencies on aging, designated by the Department, for
3the sole purpose of delivering meals to homebound persons 60
4years of age and older.
5    (22) To distribute, through its area agencies on aging,
6information alerting seniors on safety issues regarding
7emergency weather conditions, including extreme heat and cold,
8flooding, tornadoes, electrical storms, and other severe storm
9weather. The information shall include all necessary
10instructions for safety and all emergency telephone numbers of
11organizations that will provide additional information and
13    (23) To develop guidelines for the organization and
14implementation of Volunteer Services Credit Programs to be
15administered by Area Agencies on Aging or community based
16senior service organizations. The Department shall hold public
17hearings on the proposed guidelines for public comment,
18suggestion, and determination of public interest. The
19guidelines shall be based on the findings of other states and
20of community organizations in Illinois that are currently
21operating volunteer services credit programs or demonstration
22volunteer services credit programs. The Department shall offer
23guidelines for all aspects of the programs including, but not
24limited to, the following:
25        (a) types of services to be offered by volunteers;
26        (b) types of services to be received upon the



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1    redemption of service credits;
2        (c) issues of liability for the volunteers and the
3    administering organizations;
4        (d) methods of tracking service credits earned and
5    service credits redeemed;
6        (e) issues of time limits for redemption of service
7    credits;
8        (f) methods of recruitment of volunteers;
9        (g) utilization of community volunteers, community
10    service groups, and other resources for delivering
11    services to be received by service credit program clients;
12        (h) accountability and assurance that services will be
13    available to individuals who have earned service credits;
14    and
15        (i) volunteer screening and qualifications.
16The Department shall submit a written copy of the guidelines to
17the General Assembly by July 1, 1998.
18    (24) To hold conferences, trainings, and other programs for
19which the Department shall determine by rule a reasonable fee
20to cover related administrative costs. Rules to implement the
21fee authority granted by this paragraph (24) must be adopted in
22accordance with all provisions of the Illinois Administrative
23Procedure Act and all rules and procedures of the Joint
24Committee on Administrative Rules; any purported rule not so
25adopted, for whatever reason, is unauthorized.
26(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;



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195-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
2    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
3    Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
4the Long Term Care Ombudsman Program is to ensure that older
5persons and persons with disabilities receive quality
6services. This is accomplished by providing advocacy services
7for residents of long term care facilities and participants
8receiving home care and community-based care. Managed care is
9increasingly becoming the vehicle for delivering health and
10long-term services and supports to seniors and persons with
11disabilities, including dual eligible participants. The
12additional ombudsman authority will allow advocacy services to
13be provided to Illinois participants for the first time and
14will produce a cost savings for the State of Illinois by
15supporting the rebalancing efforts of the Patient Protection
16and Affordable Care Act.
17    (a) Long Term Care Ombudsman Program. The Department shall
18establish a Long Term Care Ombudsman Program, through the
19Office of State Long Term Care Ombudsman ("the Office"), in
20accordance with the provisions of the Older Americans Act of
211965, as now or hereafter amended. The Long Term Care Ombudsman
22Program is authorized, subject to sufficient appropriations,
23to advocate on behalf of older persons and persons with
24disabilities residing in their own homes or community-based
25settings, relating to matters which may adversely affect the



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1health, safety, welfare, or rights of such individuals.
2    (b) Definitions. As used in this Section, unless the
3context requires otherwise:
4        (1) "Access" has the same meaning as in Section 1-104
5    of the Nursing Home Care Act, as now or hereafter amended;
6    that is, it means the right to:
7            (i) Enter any long term care facility or assisted
8        living or shared housing establishment or supportive
9        living facility;
10            (ii) Communicate privately and without restriction
11        with any resident, regardless of age, who consents to
12        the communication;
13            (iii) Seek consent to communicate privately and
14        without restriction with any participant or resident,
15        regardless of age;
16            (iv) Inspect the clinical and other records of a
17        participant or resident, regardless of age, with the
18        express written consent of the participant or
19        resident;
20            (v) Observe all areas of the long term care
21        facility or supportive living facilities, assisted
22        living or shared housing establishment except the
23        living area of any resident who protests the
24        observation; and .
25            (vi) Subject to permission of the participant or
26        resident requesting services or his or her



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1        representative, enter a home or community-based
2        setting.
3        (2) "Long Term Care Facility" means (i) any facility as
4    defined by Section 1-113 of the Nursing Home Care Act, as
5    now or hereafter amended; and (ii) any skilled nursing
6    facility or a nursing facility which meets the requirements
7    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
8    (b), (c), and (d) of the Social Security Act, as now or
9    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
10    and 42 U.S.C. 1396r(a), (b), (c), and (d)); and any
11    facility as defined by Section 1-113 of the MR/DD Community
12    Care Act, as now or hereafter amended.
13        (2.5) "Assisted living establishment" and "shared
14    housing establishment" have the meanings given those terms
15    in Section 10 of the Assisted Living and Shared Housing
16    Act.
17        (2.7) "Supportive living facility" means a facility
18    established under Section 5-5.01a of the Illinois Public
19    Aid Code.
20        (2.8) "Community-based setting" means any place of
21    abode other than an individual's private home.
22        (3) "State Long Term Care Ombudsman" means any person
23    employed by the Department to fulfill the requirements of
24    the Office of State Long Term Care Ombudsman as required
25    under the Older Americans Act of 1965, as now or hereafter
26    amended, and Departmental policy.



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1        (3.1) "Ombudsman" means any designated representative
2    of the State Long Term Care Ombudsman Program a regional
3    long term care ombudsman program; provided that the
4    representative, whether he is paid for or volunteers his
5    ombudsman services, shall be qualified and designated by
6    the Office to perform the duties of an ombudsman as
7    specified by the Department in rules and in accordance with
8    the provisions of the Older Americans Act of 1965, as now
9    or hereafter amended.
10        (4) "Participant" means an older person or persons with
11    disabilities who are eligible for services under any of the
12    following:
13            (i) A medical assistance waiver administered by
14        the State.
15            (ii) A managed care organization providing care
16        coordination and other services to seniors and persons
17        with disabilities.
18        (5) "Resident" means an older individual who resides in
19    a long-term care facility.
20    (c) Ombudsman; rules. The Office of State Long Term Care
21Ombudsman shall be composed of at least one full-time ombudsman
22and shall include a system of designated regional long term
23care ombudsman programs. Each regional program shall be
24designated by the State Long Term Care Ombudsman as a
25subdivision of the Office and any representative of a regional
26program shall be treated as a representative of the Office.



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1    The Department, in consultation with the Office, shall
2promulgate administrative rules in accordance with the
3provisions of the Older Americans Act of 1965, as now or
4hereafter amended, to establish the responsibilities of the
5Department and the Office of State Long Term Care Ombudsman and
6the designated regional Ombudsman programs. The administrative
7rules shall include the responsibility of the Office and
8designated regional programs to investigate and resolve
9complaints made by or on behalf of residents of long term care
10facilities, supportive living facilities, and assisted living
11and shared housing establishments, and participants residing
12in their own homes or community-based settings, including the
13option to serve residents and participants under the age of 60,
14relating to actions, inaction, or decisions of providers, or
15their representatives, of such long term care facilities, of
16supported living facilities, of assisted living and shared
17housing establishments, of public agencies, or of social
18services agencies, which may adversely affect the health,
19safety, welfare, or rights of such residents and participants.
20The Office and designated regional programs may represent all
21residents and participants, but are not required by this Act to
22represent persons under 60 years of age, except to the extent
23required by federal law. When necessary and appropriate,
24representatives of the Office shall refer complaints to the
25appropriate regulatory State agency. The Department, in
26consultation with the Office, shall cooperate with the



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1Department of Human Services and other State agencies in
2providing information and training to designated regional long
3term care ombudsman programs about the appropriate assessment
4and treatment (including information about appropriate
5supportive services, treatment options, and assessment of
6rehabilitation potential) of the participants residents they
7serve, including children, persons with mental illness (other
8than Alzheimer's disease and related disorders), and persons
9with developmental disabilities.
10    The State Long Term Care Ombudsman and all other ombudsmen,
11as defined in paragraph (3.1) of subsection (b) must submit to
12background checks under the Health Care Worker Background Check
13Act and receive training, as prescribed by the Illinois
14Department on Aging, before visiting facilities, private
15homes, or community-based settings. The training must include
16information specific to assisted living establishments,
17supportive living facilities, and shared housing
18establishments, private homes, and community-based settings
19and to the rights of residents and participants guaranteed
20under the corresponding Acts and administrative rules.
21    (c-5) Consumer Choice Information Reports. The Office
23        (1) In collaboration with the Attorney General, create
24    a Consumer Choice Information Report form to be completed
25    by all licensed long term care facilities to aid
26    Illinoisans and their families in making informed choices



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1    about long term care. The Office shall create a Consumer
2    Choice Information Report for each type of licensed long
3    term care facility. The Office shall collaborate with the
4    Attorney General and the Department of Human Services to
5    create a Consumer Choice Information Report form for
6    facilities licensed under the MR/DD Community Care Act.
7        (2) Develop a database of Consumer Choice Information
8    Reports completed by licensed long term care facilities
9    that includes information in the following consumer
10    categories:
11            (A) Medical Care, Services, and Treatment.
12            (B) Special Services and Amenities.
13            (C) Staffing.
14            (D) Facility Statistics and Resident Demographics.
15            (E) Ownership and Administration.
16            (F) Safety and Security.
17            (G) Meals and Nutrition.
18            (H) Rooms, Furnishings, and Equipment.
19            (I) Family, Volunteer, and Visitation Provisions.
20        (3) Make this information accessible to the public,
21    including on the Internet by means of a hyperlink labeled
22    "Resident's Right to Know" on the Office's World Wide Web
23    home page. Information about facilities licensed under the
24    MR/DD Community Care Act shall be made accessible to the
25    public by the Department of Human Services, including on
26    the Internet by means of a hyperlink labeled "Resident's



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1    and Families' Right to Know" on the Department of Human
2    Services' "For Customers" website.
3        (4) Have the authority, with the Attorney General, to
4    verify that information provided by a facility is accurate.
5        (5) Request a new report from any licensed facility
6    whenever it deems necessary.
7        (6) Include in the Office's Consumer Choice
8    Information Report for each type of licensed long term care
9    facility additional information on each licensed long term
10    care facility in the State of Illinois, including
11    information regarding each facility's compliance with the
12    relevant State and federal statutes, rules, and standards;
13    customer satisfaction surveys; and information generated
14    from quality measures developed by the Centers for Medicare
15    and Medicaid Services.
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) and
22    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
23    Older Americans Act of 1965, as now or hereafter amended
24    (42 U.S.C. 3058f), a long term care facility, supportive
25    living facility, assisted living establishment, and shared
26    housing establishment must:



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1            (i) permit immediate access to any resident,
2        regardless of age, by a designated ombudsman; and
3            (ii) permit representatives of the Office, with
4        the permission of the resident's legal representative
5        or legal guardian, to examine a resident's clinical and
6        other records, regardless of the age of the resident,
7        and if a resident is unable to consent to such review,
8        and has no legal guardian, permit representatives of
9        the Office appropriate access, as defined by the
10        Department, in consultation with the Office, in
11        administrative rules, to the resident's records.
12        (2) Each long term care facility, supportive living
13    facility, assisted living establishment, and shared
14    housing establishment shall display, in multiple,
15    conspicuous public places within the facility accessible
16    to both visitors and residents and in an easily readable
17    format, the address and phone number of the Office of the
18    Long Term Care Ombudsman, in a manner prescribed by the
19    Office.
20    (e) Immunity. An ombudsman or any representative of the
21Office participating in the good faith performance of his or
22her official duties shall have immunity from any liability
23(civil, criminal or otherwise) in any proceedings (civil,
24criminal or otherwise) brought as a consequence of the
25performance of his official duties.
26    (f) Business offenses.



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1        (1) No person shall:
2            (i) Intentionally prevent, interfere with, or
3        attempt to impede in any way any representative of the
4        Office in the performance of his official duties under
5        this Act and the Older Americans Act of 1965; or
6            (ii) Intentionally retaliate, discriminate
7        against, or effect reprisals against any long term care
8        facility resident or employee for contacting or
9        providing information to any representative of the
10        Office.
11        (2) A violation of this Section is a business offense,
12    punishable by a fine not to exceed $501.
13        (3) The Director of Aging, in consultation with the
14    Office, shall notify the State's Attorney of the county in
15    which the long term care facility, supportive living
16    facility, or assisted living or shared housing
17    establishment is located, or the Attorney General, of any
18    violations of this Section.
19    (g) Confidentiality of records and identities. The
20Department shall establish procedures for the disclosure by the
21State Ombudsman or the regional ombudsmen entities of files
22maintained by the program. The procedures shall provide that
23the files and records may be disclosed only at the discretion
24of the State Long Term Care Ombudsman or the person designated
25by the State Ombudsman to disclose the files and records, and
26the procedures shall prohibit the disclosure of the identity of



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1any complainant, resident, participant, witness, or employee
2of a long term care provider unless:
3        (1) the complainant, resident, participant, witness,
4    or employee of a long term care provider or his or her
5    legal representative consents to the disclosure and the
6    consent is in writing;
7        (2) the complainant, resident, participant, witness,
8    or employee of a long term care provider gives consent
9    orally; and the consent is documented contemporaneously in
10    writing in accordance with such requirements as the
11    Department shall establish; or
12        (3) the disclosure is required by court order.
13    (h) Legal representation. The Attorney General shall
14provide legal representation to any representative of the
15Office against whom suit or other legal action is brought in
16connection with the performance of the representative's
17official duties, in accordance with the State Employee
18Indemnification Act.
19    (i) Treatment by prayer and spiritual means. Nothing in
20this Act shall be construed to authorize or require the medical
21supervision, regulation or control of remedial care or
22treatment of any resident in a long term care facility operated
23exclusively by and for members or adherents of any church or
24religious denomination the tenets and practices of which
25include reliance solely upon spiritual means through prayer for



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1    (j) The Long Term Care Ombudsman Fund is created as a
2special fund in the State treasury to receive moneys for the
3express purposes of this Section. All interest earned on moneys
4in the fund shall be credited to the fund. Moneys contained in
5the fund shall be used to support the purposes of this Section.
6(Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09;
796-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.