093_SB1067

 
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 1        AN ACT concerning senior citizens.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Act on the Aging is  amended  by
 5    changing Section 4.04 as follows:

 6        (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
 7        Sec. 4.04.  Long Term Care Ombudsman Program.
 8        (a)  Long  Term  Care  Ombudsman  Program. The Department
 9    shall establish a Long Term Care Ombudsman  Program,  through
10    the  Office of State Long Term Care Ombudsman ("the Office"),
11    in accordance with Sections 711 and 712 the provisions of the
12    Older Americans Act of 1965, as now or hereafter amended.
13        (b)  Definitions. As used in  this  Section,  unless  the
14    context requires otherwise:
15             (1)  "Access"  has  the  same  meaning as in Section
16        1-104 of the Nursing Home Care Act, as now  or  hereafter
17        amended; that is, it means the right to:
18                  (i)  Enter  any  long  term  care  facility  or
19             assisted  living  or shared housing establishment or
20             supportive living facility;
21                  (ii)  Communicate   privately    and    without
22             restriction  with  any  resident who consents to the
23             communication;
24                  (iii)  Seek consent  to  communicate  privately
25             and without restriction with any resident;
26                  (iv)  Inspect the clinical and other records of
27             a  resident  with the express written consent of the
28             resident;
29                  (v)  Observe all areas of the  long  term  care
30             facility  or  supportive living facilities, assisted
31             living or shared housing  establishment  except  the
 
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 1             living   area  of  any  resident  who  protests  the
 2             observation.
 3             (2)  "Long  Term  Care  Facility"  means   (i)   any
 4        facility  as defined by Section 1-113 of the Nursing Home
 5        Care Act, as now  or  hereafter  amended;  and  (ii)  any
 6        skilled  nursing  facility  or  a  nursing facility which
 7        meets the requirements of Section 1819(a), (b), (c),  and
 8        (d)  or  Section 1919(a), (b), (c), and (d) of the Social
 9        Security Act, as now  or  hereafter  amended  (42  U.S.C.
10        1395i-3(a),  (b),  (c),  and  (d) and 42 U.S.C. 1396r(a),
11        (b), (c), and (d)).
12             (2.5)  "Assisted living establishment"  and  "shared
13        housing  establishment"  have  the  meanings  given those
14        terms in Section 10 of the  Assisted  Living  and  Shared
15        Housing Act.
16             (2.7)  "Supportive living facility" means a facility
17        established  under Section 5-5.01a of the Illinois Public
18        Aid Code.
19             (3)  "State Long  Term  Care  Ombudsman"  means  any
20        person   employed   by  the  Department  to  fulfill  the
21        requirements of  the  Office  of  State  Long  Term  Care
22        Ombudsman as required under the Older Americans Act.
23        (3.1)  "Ombudsman"     means,     or    any    designated
24    representative  of  a  regional  sub-State  long  term   care
25    ombudsman  program; provided that the representative, whether
26    he is paid for or volunteers his ombudsman services, shall be
27    qualified and designated by  the  Office  authorized  by  the
28    Department to perform the duties of an ombudsman as specified
29    by the Office Department in rules and as required by Sections
30    711 and 712 of the Older Americans Act.
31        (c)  Ombudsman; rules. The Office of State Long Term Care
32    Ombudsman  shall  be  composed  of  at  least  one  full-time
33    ombudsman within the Department and shall include a system of
34    designated   regional  sub-State  long  term  care  ombudsman
 
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 1    programs. Each regional sub-State program shall be designated
 2    by the  State  Long  Term  Care  Ombudsman  Department  as  a
 3    subdivision  of  the Office and any designated representative
 4    of a  regional  sub-State  program  shall  be  treated  as  a
 5    representative of the Office.
 6        The   Office   and   the   Department   shall  promulgate
 7    administrative  rules  in  accordance  with   all   Ombudsman
 8    provisions   of  the  Older  Americans  Act,  as  amended  to
 9    establish the responsibilities  of  the  Department  and  the
10    Office  of  State Long Term Care Ombudsman and the designated
11    regional Ombudsman programs. The administrative  rules  shall
12    include  the  responsibility  of  the  Office  and designated
13    regional programs to investigate and resolve complaints  made
14    by  or  on  behalf of residents of long term care facilities,
15    supportive living facilities, and assisted living and  shared
16    housing  establishments  relating  to  actions,  inaction, or
17    decisions of providers, or  their  representatives,  of  long
18    term  care  facilities,  of  supported  living facilities, of
19    assisted living and shared housing establishments, of  public
20    agencies, or of social services agencies, which may adversely
21    affect  the  health,  safety,  welfare,  or  rights  of  such
22    residents. When necessary and appropriate, representatives of
23    the   Office   shall  refer  complaints  to  the  appropriate
24    regulatory  State  agency.  The   Office   Department   shall
25    cooperate  with the Department of Human Services in providing
26    information and training  to  designated  regional  sub-State
27    long  term  care  ombudsman  programs  about  the appropriate
28    assessment  and  treatment   (including   information   about
29    appropriate   supportive  services,  treatment  options,  and
30    assessment  of  rehabilitation  potential)  of  persons  with
31    mental illness (other than Alzheimer's  disease  and  related
32    disorders).
33        (d)  Access and visitation rights.
34             (1)  In accordance with subparagraphs (A) and (E) of
 
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 1        paragraph  (3)  of  subsection  (c)  of  Section 1819 and
 2        subparagraphs (A) and (E) of paragraph (3) of  subsection
 3        (c) of Section 1919 of the Social Security Act, as now or
 4        hereafter  amended  (42  U.S.C. 1395i-3 (c)(3)(A) and (E)
 5        and 42 U.S.C. 1396r (c)(3)(A) and (E)), and  Section  712
 6        of  the  Older Americans Act of 1965, as now or hereafter
 7        amended (42 U.S.C. 3058f), a  long  term  care  facility,
 8        supportive     living     facility,    assisted    living
 9        establishment, and shared housing establishment must:
10                  (i)  permit immediate access to any resident by
11             a designated an ombudsman; and
12                  (ii)  permit  representatives  of  the  Office,
13             with  the  permission  of   the   resident's   legal
14             representative  or  legal  guardian,  to  examine  a
15             resident's  clinical  and  other  records,  and if a
16             resident is unable to consent to  such  review,  and
17             has no legal guardian, permit representatives of the
18             Office  appropriate access, as defined by the Office
19             Department in administrative  rules  and  the  Older
20             Americans Act, to the resident's records.
21             (2)  Each long term care facility, supportive living
22        facility,   assisted  living  establishment,  and  shared
23        housing  establishment  shall   display,   in   multiple,
24        conspicuous  public places within the facility accessible
25        to both visitors and residents patients and in an  easily
26        readable  format,  the  address  and  phone number of the
27        Office of the Long  Term  Care  Ombudsman,  in  a  manner
28        prescribed by the Office.
29        (e)  Immunity.  An  ombudsman  or  any  designated  other
30    representative  of the Office participating in the good faith
31    performance of his or her official duties shall have immunity
32    from any liability (civil,  criminal  or  otherwise)  in  any
33    proceedings  (civil,  criminal  or  otherwise)  brought  as a
34    consequence of the performance of his official duties.
 
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 1        (f)  Business offenses.
 2             (1)  No person shall:
 3                  (i)  Intentionally prevent, interfere with,  or
 4             attempt   to   impede  in  any  way  any  designated
 5             representative of the Office in the  performance  of
 6             his  official  duties  under  this Act and the Older
 7             Americans Act of 1965; or
 8                  (ii)  Intentionally   retaliate,   discriminate
 9             against, or effect reprisals against any  long  term
10             care facility resident or employee for contacting or
11             providing     information    to    any    designated
12             representative of the Office.
13             (2)  A violation  of  this  Section  is  a  business
14        offense, punishable by a fine not to exceed $501.
15             (3)  The  State Long Term Care Ombudsman Director of
16        Aging shall notify the State's Attorney of the county  in
17        which  the  long  term  care  facility, supportive living
18        facility,  or   assisted   living   or   shared   housing
19        establishment is located, or the Attorney General, of any
20        violations of this Section.
21        (g)  Confidentiality  of records and identities. No files
22    or records maintained by the Office of State Long  Term  Care
23    Ombudsman  or  designated regional program shall be disclosed
24    to anyone other than  the  designated  ombudsman  unless  the
25    State  Long  Term  Care Ombudsman or the designated ombudsman
26    having the authority  over  the  disposition  of  such  files
27    authorizes  the  disclosure  in writing. Designated ombudsmen
28    The  ombudsman  shall  not  disclose  the  identity  of   any
29    complainant,  resident,  witness  or  employee of a long term
30    care provider involved in a  complaint or report unless  such
31    person  or  such  person's  guardian  or legal representative
32    consents in writing to the disclosure, or the  disclosure  is
33    required by court order.
34        (h)  Legal  representation.  The  Attorney  General shall
 
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 1    provide legal representation to any designated representative
 2    of the Office against whom suit  or  other  legal  action  is
 3    brought   in   connection   with   the   performance  of  the
 4    representative's official  duties,  in  accordance  with  the
 5    State Employee Indemnification Act.
 6        (i)  Treatment  by prayer and spiritual means. Nothing in
 7    this Act shall be  construed  to  authorize  or  require  the
 8    medical  supervision,  regulation or control of remedial care
 9    or treatment of any resident in a  long  term  care  facility
10    operated  exclusively  by and for members or adherents of any
11    church or religious denomination the tenets and practices  of
12    which  include  reliance  solely upon spiritual means through
13    prayer for healing.
14    (Source: P.A. 90-639,  eff.  1-1-99;  91-174,  eff.  7-16-99;
15    91-656, eff. 1-1-01; 91-799, eff. 6-13-00.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.