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

HB1240ham004 93rd General Assembly


093_HB1240ham004











                                     LRB093 06469 MKM 14485 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 Illinois Long-Term Care
12    Council.
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 State Long-Term Care Ombudsman, the area
19        agencies on aging, regional ombudsman programs,  provider
20        agencies,  and  other public agencies, using a nomination
21        form provided by the 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 and act in good
 3        faith regarding the  Illinois  Long-Term  Care  Council's
 4        annual report and its recommendations.
 5             (4)  The  Director  shall  appoint  to  the Illinois
 6        Long-Term Care Council at least 15 but not more  than  25
 7        members.
 8        (c)  Responsibilities   of   the   State  Long-Term  Care
 9    Ombudsman, area agencies on aging,  regional  long-term  care
10    ombudsman   programs,   and   provider  agencies.  The  State
11    Long-Term Care Ombudsman  and  each  area  agency  on  aging,
12    regional  long-term  care  ombudsman  program,  and  provider
13    agency  shall  solicit  names  and  recommend  members to the
14    Department for appointment to  the  Illinois  Long-Term  Care
15    Council.
16        (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
17    Council shall do the following:
18             (1)  Make  recommendations  and  comment  on  issues
19        pertaining to long-term care and the State Long-Term Care
20        Ombudsman Program to the Department.
21             (2)  Advise  the Department on matters pertaining to
22        the quality of life and quality of care in the  continuum
23        of long-term care.
24             (3)  Evaluate,  comment  on  reports  regarding, and
25        make recommendations on, the quality of life and  quality
26        of  care  in  long-term care facilities and on the duties
27        and  responsibilities  of  the   State   Long-Term   Care
28        Ombudsman Program.
29             (4)  Prepare  and  circulate an annual report to the
30        Governor, the  General  Assembly,  and  other  interested
31        parties  concerning the duties and accomplishments of the
32        Illinois Long-Term Care Council  and  all  other  related
33        matters  pertaining  to long-term care and the protection
34        of residents' rights.
 
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 1             (5)  Provide an opportunity for public input at each
 2        scheduled meeting.
 3             (6)  Make recommendations to the Director, upon  his
 4        or  her  request,  as  to  individuals who are capable of
 5        serving as the State Long-Term  Care  Ombudsman  and  who
 6        should  make  appropriate  application  for that position
 7        should it become vacant.
 8             (7)  Develop   bylaws   for   efficient   operation,
 9        including,  but  not  limited  to,  rules  regarding  the
10        chairmanship of  the  council,  and  establish  a  yearly
11        calendar, which shall be made public.
12             (8)  Promote   citizen   input   and  participation,
13        through statewide hearings or other means, regarding  the
14        policies of the State Long-Term Care Ombudsman Program.
15        (e)  Composition  and  operation.  The Illinois Long-Term
16    Care Council shall be composed of at least 16  but  not  more
17    than  25  members  concerned  about  the  quality  of life in
18    long-term  care  facilities  and  protecting  the  rights  of
19    residents, including members from long-term care  facilities.
20    The  State  Long-Term  Care  Ombudsman  shall  be a permanent
21    member of the Long-Term  Care  Council.    Members  shall  be
22    appointed   for  a  4-year  term  with  initial  appointments
23    staggered with 2-year, 3-year, and 4-year  terms.  A  lottery
24    will  determine  the  terms  of office for the members of the
25    first term. Members may be  reappointed  to  a  term  but  no
26    member  may  be reappointed to more than 2 consecutive terms.
27    The Illinois Long-Term Care Council shall meet a minimum of 3
28    times per calendar year.
29        (f)  Member   requirements.   All   members   shall    be
30    individuals  who  have demonstrated concern about the quality
31    of life in long-term care facilities. A minimum of 3  members
32    must  be  current  or  former  residents  of  long-term  care
33    facilities  or  the  family  member  of  a  current or former
34    resident of a long-term care facility. A minimum of 2 members
 
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 1    shall represent current or former  long  term  care  facility
 2    resident councils or family councils. Long-term care facility
 3    members   shall  be  long-term  care  facility  employees  or
 4    consultants as follows: (i)  2  from  for-profit  facilities;
 5    (ii) one from a not-for-profit facility; and (iii) one from a
 6    county facility.  A representative of long-term care facility
 7    employees  must also be included as a member.  There shall be
 8    non-voting State agency members on the Long-Term Care Council
 9    from the following agencies: (i) the Department  of  Veterans
10    Affairs;  (ii)  the  Department  of Human Services; (iii) the
11    Department of Public Health; (iv) the  Department  on  Aging;
12    (v)  the  Department  of  Public Aid; (vi) the Illinois State
13    Police Medicaid Fraud  Control  Unit;  and  (vii)  others  as
14    appropriate.

15        Section  99.  Effective  date.  This  Act takes effect on
16    January 1, 2004.".