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

HB0771sam001 93rd General Assembly



                                     LRB093 05322 DRH 15659 a

 1                     AMENDMENT TO HOUSE BILL 771

 2        AMENDMENT NO.     .  Amend House Bill  771  by  replacing
 3    everything after the enacting clause with the following:

 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
                            -2-      LRB093 05322 DRH 15659 a
 1        form provided by the Department.
 2             (2)  The Department shall  appoint  members  to  the
 3        Illinois Long-Term Care Council in a timely manner.
 4             (3)  The  Department  shall consider and act in good
 5        faith regarding the  Illinois  Long-Term  Care  Council's
 6        annual report and its recommendations.
 7             (4)  The  Director  shall  appoint  to  the Illinois
 8        Long-Term Care Council at least 18 but not more  than  25
 9        members.
10        (c)  Responsibilities   of   the   State  Long-Term  Care
11    Ombudsman, area agencies on aging,  regional  long-term  care
12    ombudsman   programs,   and   provider  agencies.  The  State
13    Long-Term Care Ombudsman  and  each  area  agency  on  aging,
14    regional  long-term  care  ombudsman  program,  and  provider
15    agency  shall  solicit  names  and  recommend  members to the
16    Department for appointment to  the  Illinois  Long-Term  Care
17    Council.
18        (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
19    Council shall do the following:
20             (1)  Make  recommendations  and  comment  on  issues
21        pertaining to long-term care and the State Long-Term Care
22        Ombudsman Program to the Department.
23             (2)  Advise  the Department on matters pertaining to
24        the quality of life and quality of care in the  continuum
25        of long-term care.
26             (3)  Evaluate,  comment  on  reports  regarding, and
27        make recommendations on, the quality of life and  quality
28        of  care  in  long-term care facilities and on the duties
29        and  responsibilities  of  the   State   Long-Term   Care
30        Ombudsman Program.
31             (4)  Prepare  and  circulate an annual report to the
32        Governor, the  General  Assembly,  and  other  interested
33        parties  concerning the duties and accomplishments of the
34        Illinois Long-Term Care Council  and  all  other  related
                            -3-      LRB093 05322 DRH 15659 a
 1        matters  pertaining  to long-term care and the protection
 2        of residents' rights.
 3             (5)  Provide an opportunity for public input at each
 4        scheduled meeting.
 5             (6)  Make recommendations to the Director, upon  his
 6        or  her  request,  as  to  individuals who are capable of
 7        serving as the State Long-Term  Care  Ombudsman  and  who
 8        should  make  appropriate  application  for that position
 9        should it become vacant.
10        (e)  Composition and operation.  The  Illinois  Long-Term
11    Care  Council  shall  be composed of at least 18 but not more
12    than 25 members  concerned  about  the  quality  of  life  in
13    long-term  care  facilities  and  protecting  the  rights  of
14    residents,  including members from long-term care facilities.
15    The State Long-Term  Care  Ombudsman  shall  be  a  permanent
16    member  of  the  Long-Term  Care  Council.   Members shall be
17    appointed  for  a  4-year  term  with  initial   appointments
18    staggered  with  2-year,  3-year, and 4-year terms. A lottery
19    will determine the terms of office for  the  members  of  the
20    first  term.  Members  may  be  reappointed  to a term but no
21    member may be reappointed to more than 2  consecutive  terms.
22    The Illinois Long-Term Care Council shall meet a minimum of 3
23    times per calendar year.
24        (f)  Member    requirements.   All   members   shall   be
25    individuals who have demonstrated concern about  the  quality
26    of  life in long-term care facilities. A minimum of 3 members
27    must  be  current  or  former  residents  of  long-term  care
28    facilities or the  family  member  of  a  current  or  former
29    resident of a long-term care facility. A minimum of 2 members
30    shall  represent  current  or  former long term care facility
31    resident councils or family councils. A minimum of 4  members
32    shall be selected from recommendations by organizations whose
33    members   consist   of   long   term   care  facilities.    A
34    representative of long-term care facility employees must also
                            -4-      LRB093 05322 DRH 15659 a
 1    be included as a member. A minimum  of  2  members  shall  be
 2    selected  from  recommendations  of  membership-based  senior
 3    advocacy  groups or consumer organizations that engage solely
 4    in legal representation on behalf of residents and  immediate
 5    families.   There shall be non-voting State agency members on
 6    the Long-Term Care Council from the following  agencies:  (i)
 7    the  Department  of  Veterans Affairs; (ii) the Department of
 8    Human Services; (iii) the Department of Public  Health;  (iv)
 9    the  Department  on  Aging; (v) the Department of Public Aid;
10    (vi) the Illinois State Police Medicaid Fraud  Control  Unit;
11    and (vii) others as appropriate.

12        Section  99.  Effective  date. This Act takes effect upon
13    becoming law.".