Full Text of HB3508 95th General Assembly
HB3508 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3508
Introduced 2/28/2007, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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20 ILCS 105/4.03 |
from Ch. 23, par. 6104.03 |
20 ILCS 105/4.04 |
from Ch. 23, par. 6104.04 |
210 ILCS 45/2-214 new |
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815 ILCS 505/2ZZ new |
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Amends the Illinois Act on the Aging, the Nursing Home Care Act, and the Consumer Fraud and Deceptive Business Practices Act. Provides that the Office of State Long Term Care Ombudsman shall: (1) operate an Internet database to aid Illinoisans and their families in making informed choices about long-term care; (2) in collaboration with the Attorney General, create a Consumer Choice Information Report form to be completed by long-term care facilities; (3) develop a database of Consumer Choice Information Reports completed by facilities that includes certain information as identified by the Attorney General; (4) make this information accessible to the public on the Internet by means of a hyperlink labeled "Resident's Right to Know" on the Office's World Wide Web home page; (5) have the authority, with the Attorney General, to ensure that information provided by a facility is accurate; and (6) request a new report from any licensed facility whenever it deems necessary. Requires nursing homes to file annual Consumer Choice Information Reports with the Office beginning July 1, 2008. Provides that a nursing home's violation of the Consumer Choice Information Report provisions is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
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A BILL FOR
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HB3508 |
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LRB095 08515 DRJ 31907 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Sections 4.03 and 4.04 as follows:
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| (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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| Sec. 4.03. The Department on Aging, in cooperation with the | 8 |
| Department of
Human Services and any other appropriate State, | 9 |
| local or
federal agency, shall, without regard to income | 10 |
| guidelines, establish a
nursing home prescreening program to | 11 |
| determine whether Alzheimer's Disease
and related disorders | 12 |
| victims, and persons who are deemed as blind or
disabled as | 13 |
| defined by the Social Security Act and who are in need of long
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| term care, may be satisfactorily cared for in their homes | 15 |
| through the use
of home and community based services. Case | 16 |
| coordination units under
contract with the Department may | 17 |
| charge a fee for the prescreening provided
under this Section | 18 |
| and the fee shall be no greater than the cost of such
services | 19 |
| to the case coordination unit. At the time of each | 20 |
| prescreening, case coordination units shall provide | 21 |
| information regarding the Office of State Long Term Care | 22 |
| Ombudsman's Residents Right to Know website as authorized in | 23 |
| subsection (c-5) of Section 4.04.
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HB3508 |
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LRB095 08515 DRJ 31907 b |
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| (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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| (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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| Sec. 4.04. Long Term Care Ombudsman Program.
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| (a) Long Term Care Ombudsman Program. The Department shall
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| establish a Long Term Care Ombudsman Program, through the | 6 |
| Office of State
Long Term Care Ombudsman ("the Office"), in | 7 |
| accordance with the provisions of
the Older Americans Act of | 8 |
| 1965, as now or hereafter amended.
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| (b) Definitions. As used in this Section, unless the | 10 |
| context requires
otherwise:
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| (1) "Access" has the same meaning as in Section 1-104 | 12 |
| of the Nursing
Home Care Act, as now or hereafter amended; | 13 |
| that is, it means the right to:
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| (i) Enter any long term care facility or assisted | 15 |
| living or shared
housing establishment or supportive | 16 |
| living facility;
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| (ii) Communicate privately and without restriction | 18 |
| with any resident
who consents to the communication;
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| (iii) Seek consent to communicate privately and | 20 |
| without restriction
with any resident;
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| (iv) Inspect the clinical and other records of a | 22 |
| resident with the
express written consent of the | 23 |
| resident;
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| (v) Observe all areas of the long term care | 25 |
| facility or supportive
living facilities, assisted |
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HB3508 |
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LRB095 08515 DRJ 31907 b |
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| living or shared housing establishment except the
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| living area of any resident who protests the | 3 |
| observation.
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| (2) "Long Term Care Facility" means (i) any facility as | 5 |
| defined by Section
1-113 of the Nursing Home Care Act, as | 6 |
| now or hereafter amended; and (ii) any
skilled nursing | 7 |
| facility or a nursing facility which meets the
requirements | 8 |
| of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 9 |
| (b),
(c), and (d) of the Social Security Act, as now or | 10 |
| hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 11 |
| and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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| (2.5) "Assisted living establishment" and "shared | 13 |
| housing establishment"
have the meanings given those terms | 14 |
| in Section 10 of the Assisted Living and
Shared Housing | 15 |
| Act.
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| (2.7) "Supportive living facility" means a facility | 17 |
| established under
Section 5-5.01a of the Illinois Public | 18 |
| Aid Code.
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| (3) "State Long Term Care Ombudsman" means any person | 20 |
| employed by the
Department to fulfill
the requirements of | 21 |
| the Office of State Long Term Care Ombudsman as
required | 22 |
| under the Older Americans Act of 1965, as now or hereafter | 23 |
| amended,
and Departmental policy.
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| (3.1) "Ombudsman" means any designated representative | 25 |
| of a regional long
term care ombudsman program; provided | 26 |
| that the representative, whether he is
paid for or |
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HB3508 |
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LRB095 08515 DRJ 31907 b |
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| volunteers his ombudsman services, shall be qualified and
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| designated by the Office to perform the duties of an | 3 |
| ombudsman as specified by
the Department in rules and in | 4 |
| accordance with the provisions of
the Older Americans Act | 5 |
| of 1965, as now or hereafter amended.
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| (c) Ombudsman; rules. The Office of State Long Term Care | 7 |
| Ombudsman shall
be composed of at least one full-time ombudsman | 8 |
| and shall include a system of
designated regional long term | 9 |
| care ombudsman programs. Each regional program
shall be | 10 |
| designated by the State Long Term Care Ombudsman as a | 11 |
| subdivision of
the Office and any representative of a regional | 12 |
| program shall be treated as a
representative of the Office.
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| The Department, in consultation with the Office, shall | 14 |
| promulgate
administrative rules in accordance with the | 15 |
| provisions of the Older Americans
Act of 1965, as now or | 16 |
| hereafter amended, to establish the responsibilities of
the | 17 |
| Department and the Office of State Long Term Care Ombudsman and | 18 |
| the
designated regional Ombudsman programs. The administrative | 19 |
| rules shall include
the responsibility of the Office and | 20 |
| designated regional programs to
investigate and resolve | 21 |
| complaints made by or on behalf of residents of long
term care | 22 |
| facilities, supportive living facilities, and assisted living | 23 |
| and
shared housing establishments relating to actions, | 24 |
| inaction, or
decisions of providers, or their representatives, | 25 |
| of long term care
facilities, of supported living facilities, | 26 |
| of assisted living and shared
housing establishments, of public |
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LRB095 08515 DRJ 31907 b |
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| agencies, or of social services agencies,
which may adversely | 2 |
| affect the health, safety, welfare, or rights of such
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| residents.
When necessary and appropriate, representatives of | 4 |
| the Office shall refer
complaints to the appropriate regulatory | 5 |
| State agency.
The Department, in consultation with the Office, | 6 |
| shall cooperate with the
Department of Human Services in | 7 |
| providing information and training to
designated regional long | 8 |
| term care ombudsman programs about the appropriate
assessment | 9 |
| and treatment (including information about appropriate | 10 |
| supportive
services, treatment options, and assessment of | 11 |
| rehabilitation potential) of
persons with mental illness | 12 |
| (other than Alzheimer's disease and related
disorders). | 13 |
| The State Long Term Care Ombudsman and all other ombudsmen, | 14 |
| as defined in paragraph (3.1) of subsection (b) must submit to | 15 |
| background checks under the Health Care Worker Background Check | 16 |
| Act and receive training, as prescribed by the Illinois | 17 |
| Department on Aging, before visiting facilities. The training | 18 |
| must include information specific to assisted living | 19 |
| establishments, supportive living facilities, and shared | 20 |
| housing establishments and to the rights of residents | 21 |
| guaranteed under the corresponding Acts and administrative | 22 |
| rules.
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| (c-5) Consumer Choice Information Reports. The Office | 24 |
| shall: | 25 |
| (1) Operate an Internet database to aid Illinoisans and | 26 |
| their families in making informed choices about long-term |
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LRB095 08515 DRJ 31907 b |
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| care. | 2 |
| (2) In collaboration with the Attorney General, create | 3 |
| a Consumer Choice Information Report form to be completed | 4 |
| by all licensed long-term care facilities as defined in | 5 |
| Section 1-113 of the Nursing Home Care Act. | 6 |
| (3) Develop a database of Consumer Choice Information | 7 |
| Reports completed by long term care facilities that | 8 |
| includes information in the following consumer categories | 9 |
| as identified by the Attorney General: | 10 |
| (A) Facility information. | 11 |
| (B) Quality of life. | 12 |
| (C) Safety and security. | 13 |
| (D) Quality of care. | 14 |
| (E) Illinois Department of Public Health survey | 15 |
| information. | 16 |
| (4) Make this information accessible to the public on | 17 |
| the Internet by means of a hyperlink labeled "Resident's | 18 |
| Right to Know" on the Office's World Wide Web home page. | 19 |
| (5) Have the authority, with the Attorney General, to | 20 |
| ensure that information provided by a facility is accurate. | 21 |
| (6) Request a new report from any licensed facility | 22 |
| whenever it deems necessary.
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| (d) Access and visitation rights.
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| (1) In accordance with subparagraphs (A) and (E) of | 25 |
| paragraph (3) of
subsection (c) of Section 1819
and | 26 |
| subparagraphs (A) and (E) of paragraph (3) of subsection |
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| (c) of Section
1919 of the Social Security Act, as now or | 2 |
| hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 3 |
| 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 4 |
| Older Americans Act of 1965, as now or hereafter
amended | 5 |
| (42 U.S.C. 3058f), a long term care facility, supportive | 6 |
| living
facility, assisted living
establishment, and shared | 7 |
| housing establishment must:
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| (i) permit immediate access to any resident by a | 9 |
| designated
ombudsman; and
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| (ii) permit representatives of the Office, with | 11 |
| the permission of the
resident's legal representative | 12 |
| or legal guardian, to examine a resident's
clinical and | 13 |
| other records, and if a resident is unable to consent | 14 |
| to such
review, and has no legal guardian, permit | 15 |
| representatives of the Office
appropriate access, as | 16 |
| defined by the Department, in consultation with the
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| Office, in administrative rules, to the resident's | 18 |
| records.
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| (2) Each long term care facility, supportive living | 20 |
| facility, assisted
living establishment, and
shared | 21 |
| housing establishment shall display, in multiple, | 22 |
| conspicuous
public places within the facility accessible | 23 |
| to both visitors and residents and
in an easily readable | 24 |
| format, the address and phone number of the Office of the
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| Long Term Care Ombudsman, in a manner prescribed by the | 26 |
| Office.
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| (e) Immunity. An ombudsman or any representative of the | 2 |
| Office participating
in the good faith performance of his or | 3 |
| her official duties
shall have immunity from any liability | 4 |
| (civil, criminal or otherwise) in
any proceedings (civil, | 5 |
| criminal or otherwise) brought as a consequence of
the | 6 |
| performance of his official duties.
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| (f) Business offenses.
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| (1) No person shall:
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| (i) Intentionally prevent, interfere with, or | 10 |
| attempt to impede in any
way any representative of the | 11 |
| Office in the performance of his
official
duties under | 12 |
| this Act and the Older Americans Act of 1965; or
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| (ii) Intentionally retaliate, discriminate | 14 |
| against, or effect reprisals
against any long term care | 15 |
| facility resident or employee for contacting or
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| providing information to any representative of the | 17 |
| Office.
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| (2) A violation of this Section is a business offense, | 19 |
| punishable by a
fine not to exceed $501.
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| (3) The Director of Aging, in consultation with the | 21 |
| Office, shall
notify the State's Attorney of the
county in | 22 |
| which the long term care facility, supportive living | 23 |
| facility, or
assisted living or shared housing | 24 |
| establishment is located,
or the Attorney General, of any | 25 |
| violations of this Section.
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| (g) Confidentiality of records and identities. The |
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| Department shall
establish procedures for the disclosure by the | 2 |
| State Ombudsman or the regional
ombudsmen
entities of files | 3 |
| maintained by the program. The procedures shall provide that
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| the files and records may be disclosed only at the discretion | 5 |
| of the State Long
Term Care
Ombudsman or the person designated | 6 |
| by the State Ombudsman to disclose the files
and records, and | 7 |
| the procedures shall prohibit the disclosure of the identity
of | 8 |
| any complainant, resident, witness, or employee of a long term | 9 |
| care provider
unless:
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| (1) the complainant, resident, witness, or employee of | 11 |
| a long term care
provider or his or her legal | 12 |
| representative consents to the disclosure and the
consent | 13 |
| is in writing;
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| (2) the complainant, resident, witness, or employee of | 15 |
| a long term care
provider gives consent orally; and the | 16 |
| consent is documented contemporaneously
in writing in
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| accordance with such requirements as the Department shall | 18 |
| establish; or
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| (3) the disclosure is required by court order.
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| (h) Legal representation. The Attorney General shall
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| provide legal representation to any representative of the | 22 |
| Office
against
whom suit or other legal action is brought in | 23 |
| connection with the
performance of the representative's | 24 |
| official duties, in accordance with the
State Employee | 25 |
| Indemnification Act.
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| (i) Treatment by prayer and spiritual means. Nothing in |
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| this Act shall
be construed to authorize or require the medical | 2 |
| supervision, regulation
or control of remedial care or | 3 |
| treatment of any resident in a long term
care facility operated | 4 |
| exclusively by and for members or adherents of any
church or | 5 |
| religious denomination the tenets and practices of which | 6 |
| include
reliance solely upon spiritual means through prayer for | 7 |
| healing.
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| (Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)
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| Section 10. The Nursing Home Care Act is amended by adding | 10 |
| Section 2-214 as follows: | 11 |
| (210 ILCS 45/2-214 new) | 12 |
| Sec. 2-214. Consumer Choice Information Reports. | 13 |
| (a) Every facility as defined in Section 1-113 shall | 14 |
| complete a Consumer Choice Information Report annually and | 15 |
| shall file it with the Office of State Long Term Care | 16 |
| Ombudsman. The first Consumer Choice Information Report is due | 17 |
| to the Office of State Long Term Care Ombudsman on July 1, | 18 |
| 2008. The Consumer Choice Information Report must be completed | 19 |
| by the facility in full. | 20 |
| (b) A violation of any of the provisions of this Section | 21 |
| constitutes an unlawful practice under the Consumer Fraud and | 22 |
| Deceptive Business Practices Act. All remedies, penalties, and | 23 |
| authority granted to the Attorney General by the Consumer Fraud | 24 |
| and Deceptive Business Practices Act shall be available to him |
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HB3508 |
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LRB095 08515 DRJ 31907 b |
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| or her for the enforcement of this Section.
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| Section 15. The Consumer Fraud and Deceptive Business | 3 |
| Practices Act is amended by adding Section 2ZZ as follows: | 4 |
| (815 ILCS 505/2ZZ new)
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| Sec. 2ZZ. Long-term care facility; Consumer Choice | 6 |
| Information Report. A long-term care facility that fails to | 7 |
| comply with Section 2-214 of the Nursing Home Care Act commits | 8 |
| an unlawful practice within the meaning of this Act.
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