Illinois General Assembly - Full Text of HB1240
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Full Text of HB1240  93rd General Assembly

HB1240ham002 93rd General Assembly


093_HB1240ham002

 










                                     LRB093 06469 MKM 13132 a

 1                    AMENDMENT TO HOUSE BILL 1240

 2        AMENDMENT NO.     .  Amend House Bill 1240,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5. The Illinois Act on the Aging is  amended  by
 6    adding Section 4.04a as follows:

 7        (20 ILCS 105/4.04a new)
 8        Sec. 404a.  Illinois Long-Term Care Council.
 9        (a)  Purpose.  The  purpose  of this Section is to ensure
10    that consumers over  the  age  of  60  receive  high  quality
11    long-term  care  through  an  effective and independent State
12    Long-Term Care Ombudsman program.
13        (b)  Maintenance and operation of the Illinois  Long-Term
14    Care Council.
15             (1)  The   Department   shall  develop  a  fair  and
16        impartial   process   for   recruiting   and    receiving
17        nominations  for  members for the Illinois Long-Term Care
18        Council  from  the  area  agencies  on  aging,   regional
19        ombudsman  programs,  provider agencies, and other public
20        agencies,  using  a  nomination  form  provided  by   the
21        Department.
22             (2)  The  Department  shall  appoint  members to the
 
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 1        Illinois Long-Term Care Council in a timely manner.
 2             (3)  The Department  shall  consider,  act  in  good
 3        faith regarding, and respond in writing to the complaints
 4        from the Illinois Long-Term Care Council, complaints that
 5        have  been  received  by  any  agency  or individual, the
 6        Illinois Long-Term Care Council's annual report, and  its
 7        recommendations.
 8             (4)  The  Department  shall  provide necessary staff
 9        for soliciting nominations for members  to  the  Illinois
10        Long-Term Care Council and a budget within its budget for
11        the  Illinois  Long-Term  Care  Council  to carry out its
12        mandated responsibilities, including holding hearings and
13        reimbursing travel for voting members who  are  long-term
14        care  facility  residents and family members of long-term
15        care facility residents.
16             (5)  The Director of the Department shall appoint to
17        the Illinois Long-Term Care Council at least  10  members
18        but  not  more  than 15 members. The State Long-Term Care
19        Ombudsman shall appoint at least 5 members but  not  more
20        than 10 members.
21        (c)  Responsibilities of area agencies on aging, regional
22    long-term  care  ombudsman  programs,  and provider agencies.
23    Each area agency on aging, regional long-term care  ombudsman
24    program,   and   provider  agency  shall  solicit  names  and
25    recommend voting and non-voting members to the Department for
26    appointment to the Illinois Long-Term Care Council. Each area
27    agency on aging shall cooperate with the  Illinois  Long-Term
28    Care Council in holding public hearings in its area.
29        (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
30    Council shall do the following:
31             (1)  Evaluate  and monitor the Department's policies
32        and procedures and make recommendations in order to solve
33        or prevent conflicts of interest with the State Long-Term
34        Care Ombudsman Program, the Department, State government,
 
                            -3-      LRB093 06469 MKM 13132 a
 1        any agency, individual, or other entity,  or  within  the
 2        State Long-Term Care Ombudsman Program.
 3             (2)  Develop   bylaws   for   efficient   operation,
 4        including,  but  not  limited  to,  rules  regarding  the
 5        chairmanship  of  the  council,  and  establish  a yearly
 6        calendar, which shall be made public.
 7             (3)  Forward any complaints,  with  recommendations,
 8        to the Department for possible action.
 9             (4)  Comment  on issues pertaining to long-term care
10        and the State Long-Term Care Ombudsman Program,  evaluate
11        the  State  Long-Term Care Ombudsman Program's compliance
12        with State and federal laws, and make recommendations  to
13        the Department and to other agencies, as appropriate.
14             (5)  Advise  the  Department  on  all aspects of the
15        Department's responsibilities  under  this  Act  for  the
16        State Long-Term Care Ombudsman Program.
17             (6)  Advise   the  State  Long-Term  Care  Ombudsman
18        Program on matters pertaining to the quality of life  and
19        quality of care in the continuum of long-term care.
20             (7)  Evaluate,  comment  on  reports  regarding, and
21        make recommendations on the quality of life  and  quality
22        of  care  in long-term care facilities, and on the duties
23        and  responsibilities  of  the   State   Long-Term   Care
24        Ombudsman  Program  to  the federal and State governments
25        and to other public agencies.
26             (8)  Prepare and circulate an annual report  to  the
27        Governor,  the  General  Assembly,  and  other interested
28        parties concerning the duties and accomplishments of  the
29        Illinois  Long-Term  Care  Council  and all other related
30        matters pertaining to long-term care and  the  protection
31        of resident' rights.
32             (9)  Promote   citizen   input   and  participation,
33        through statewide hearings or other means, regarding  the
34        policies of the State Long-Term Care Ombudsman Program.
 
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 1             (10)  Recommend  to  the  Governor,  from a field of
 2        qualified candidates, 3 candidates for  the  position  of
 3        State  Long-Term  Care Ombudsman, from which the Governor
 4        may make his or her appointment.
 5             (11)  Recommend to the Governor the dismissal  of  a
 6        State  Long-Term Care Ombudsman if the Illinois Long-Term
 7        Care Council  determines  that  the  individual  has  not
 8        disclosed conflicts of interest or is unable to carry out
 9        the duties of the office as provided in this Act.
10             (12)  Provide  an  opportunity  for  public input at
11        each scheduled meeting.
12        (e)  Composition and operation.  The  Illinois  Long-Term
13    Care Council shall be composed of at least 16 members but not
14    more  than  26 members concerned about the quality of life in
15    long-term  care  facilities  and  protecting  the  rights  of
16    residents of long-term care facilities. The  State  Long-Term
17    Care  Ombudsman  shall be a permanent member of the Long-Term
18    Care Council. Members shall be appointed for  a  4-year  term
19    with  initial appointments staggered with 2-year, 3-year, and
20    4-year terms. A lottery shall determine the  first  terms  of
21    office for the initial members. Members may be reappointed to
22    a  term  but  no  member  may  be  reappointed to more than 2
23    consecutive terms. The Illinois Long-Term Care Council  shall
24    meet a minimum of 3 times per calendar year.
25        (f)  Member    requirements.   All   members   shall   be
26    individuals who have demonstrated concern about  the  quality
27    of  life in long-term care facilities. A minimum of 3 members
28    must  be  current  or  former  residents  of  long-term  care
29    facilities or the  family  member  of  a  current  or  former
30    resident of a long-term care facility. A minimum of 2 members
31    shall  represent  current  or  former long-term care facility
32    resident  councils  or  family  councils.  There   shall   be
33    non-voting State agency members on the Long-Term Care Council
34    from  the  following agencies: (i) the Department of Veterans
 
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 1    Affairs; (ii) the Department of  Human  Services;  (iii)  the
 2    Department  of  Public  Health; (iv) the Department on Aging;
 3    (v) the Department of Public Aid;  (vi)  the  Illinois  State
 4    Police Medicaid Fraud Unit; and (vii) others as appropriate.

 5        Section  99.  Effective  date. This Act takes effect upon
 6    becoming law.".