093_HB3440ham001

 










                                     LRB093 05079 LRD 13282 a

 1                    AMENDMENT TO HOUSE BILL 3440

 2        AMENDMENT NO.     .  Amend House Bill 3440  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Life Care Facilities Act is amended by
 5    adding Section 10.1 as follows:

 6        (210 ILCS 40/10.1 new)
 7        Sec. 10.1. Vaccinations.
 8        (a) A facility shall annually  administer  a  vaccination
 9    against  influenza  to  each resident, in accordance with the
10    recommendations of the  Advisory  Committee  on  Immunization
11    Practices  of  the Centers for Disease Control and Prevention
12    that are most recent to the time of vaccination,  unless  the
13    vaccination  is medically contraindicated or the resident has
14    refused the vaccine. Influenza vaccinations for all residents
15    age 65 and over shall be completed by  November  30  of  each
16    year  or  as  soon as practicable if vaccine supplies are not
17    available  before  November  1.  Residents   admitted   after
18    November  30,  during  the  flu  season, and until February 1
19    shall,  as  medically  appropriate,  receive   an   influenza
20    vaccination  prior  to  or  upon  admission  or  as  soon  as
21    practicable if vaccine supplies are not available at the time
22    of   the   admission,   unless   the   vaccine  is  medically
 
                            -2-      LRB093 05079 LRD 13282 a
 1    contraindicated or the resident has refused the  vaccine.  In
 2    the   event  that  the  Advisory  Committee  on  Immunization
 3    Practices of the Centers for Disease Control  and  Prevention
 4    determines  that  dates  of  administration  other than those
 5    stated in this Act are  optimal  to  protect  the  health  of
 6    residents,  the  Department is authorized to develop rules to
 7    mandate vaccinations at those times  rather  than  the  times
 8    stated  in  this  Act.  A  facility  shall  document  in  the
 9    resident's  medical record that an annual vaccination against
10    influenza   was   administered,    refused    or    medically
11    contraindicated.
12        (b)   A   facility   shall   provide   or   arrange   for
13    administration of a pneumococcal vaccination to each resident
14    who   is   age   65   and   over,   in  accordance  with  the
15    recommendations of the  Advisory  Committee  on  Immunization
16    Practices  of the Centers for Disease Control and Prevention,
17    who has not received  this  immunization  prior  to  or  upon
18    admission  to  the  facility, unless the resident refuses the
19    offer  for  vaccination  or  the  vaccination  is   medically
20    contraindicated. A facility shall document in each resident's
21    medical   record  that  a  vaccination  against  pneumococcal
22    pneumonia was offered and administered, refused, or medically
23    contraindicated.

24        Section 10.  The Nursing Home  Care  Act  is  amended  by
25    changing Section 2-213 as follows:

26        (210 ILCS 45/2-213)
27        Sec. 2-213.  Vaccinations.
28        (a)  A  facility  shall annually administer a vaccination
29    against influenza to each resident, in  accordance  with  the
30    recommendations  of  the  Advisory  Committee on Immunization
31    Practices of the Centers for Disease Control  and  Prevention
32    that  are  most recent to the time of vaccination, unless the
 
                            -3-      LRB093 05079 LRD 13282 a
 1    vaccination is medically contraindicated or the resident  has
 2    refused the vaccine. Influenza vaccinations for all residents
 3    age  65  and  over  shall be completed by November 30 of each
 4    year or as soon as practicable if vaccine  supplies  are  not
 5    available   before   November  1.  Residents  admitted  after
 6    November 30, during the flu  season,  and  until  February  1
 7    shall,   as   medically  appropriate,  receive  an  influenza
 8    vaccination  prior  to  or  upon  admission  or  as  soon  as
 9    practicable if vaccine supplies are not available at the time
10    of  the  admission,   unless   the   vaccine   is   medically
11    contraindicated  or  the resident has refused the vaccine. In
12    the  event  that  the  Advisory  Committee  on   Immunization
13    Practices  of  the Centers for Disease Control and Prevention
14    determines that dates  of  administration  other  than  those
15    stated  in  this  Act  are  optimal  to protect the health of
16    residents, the Department is authorized to develop  rules  to
17    mandate  vaccinations  at  those  times rather than the times
18    stated  in  this  Act.  A  facility  shall  document  in  the
19    resident's medical record that an annual vaccination  against
20    influenza    was    administered,    refused   or   medically
21    contraindicated.
22        (b)   A   facility   shall   provide   or   arrange   for
23    administration of a pneumococcal vaccination to each resident
24    who  is  age  65   and   over,   in   accordance   with   the
25    recommendations  of  the  Advisory  Committee on Immunization
26    Practices of the Centers for Disease Control and  Prevention,
27    who  has  not  received  this  immunization  prior to or upon
28    admission to the facility, unless the  resident  refuses  the
29    offer   for  vaccination  or  the  vaccination  is  medically
30    contraindicated. A facility shall document in each resident's
31    medical  record  that  a  vaccination  against   pneumococcal
32    pneumonia was offered and administered, refused, or medically
33    contraindicated.   Pneumonia  shots.   Before  a  prospective
34    resident's  admission to a facility the facility shall advise
 
                            -4-      LRB093 05079 LRD 13282 a
 1    the prospective resident to consult a physician to  determine
 2    whether  the prospective resident should obtain a vaccination
 3    against pneumococcal pneumonia.
 4    (Source: P.A. 90-366, eff. 8-10-97.)

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