Full Text of HB5323 96th General Assembly
HB5323ham001 96TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/10/2010
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| AMENDMENT TO HOUSE BILL 5323
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| AMENDMENT NO. ______. Amend House Bill 5323 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The MR/DD Community Care Act is amended by | 5 |
| changing Sections 2-112, 2-203, 2-204, and 3-303.1 as follows: | 6 |
| (210 ILCS 47/2-112) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date ) | 9 |
| Sec. 2-112. Grievances. A resident shall be permitted to | 10 |
| present grievances on behalf of himself or herself or others to | 11 |
| the administrator, the DD Long-Term Care Facility Advisory | 12 |
| Board established under Section 2-204 of this Act the Nursing | 13 |
| Home Care Act , the residents' advisory council, State | 14 |
| governmental agencies or other persons without threat of | 15 |
| discharge or reprisal in any form or manner whatsoever. The | 16 |
| administrator shall provide all residents or their |
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| representatives with the name, address, and telephone number of | 2 |
| the appropriate State governmental office where complaints may | 3 |
| be lodged. | 4 |
| (Source: P.A. 96-339, eff. 7-1-10.) | 5 |
| (210 ILCS 47/2-203) | 6 |
| (This Section may contain text from a Public Act with a | 7 |
| delayed effective date ) | 8 |
| Sec. 2-203. Residents' advisory council. Each facility | 9 |
| shall establish a residents' advisory council. The | 10 |
| administrator shall designate a member of the facility staff to | 11 |
| coordinate the establishment of, and render assistance to, the | 12 |
| council. | 13 |
| (a) The composition of the residents' advisory council | 14 |
| shall be specified by Department regulation, but no employee or | 15 |
| affiliate of a facility shall be a member of any council. | 16 |
| (b) The council shall meet at least once each month with | 17 |
| the staff coordinator who shall provide assistance to the | 18 |
| council in preparing and disseminating a report of each meeting | 19 |
| to all residents, the administrator, and the staff. | 20 |
| (c) Records of the council meetings will be maintained in | 21 |
| the office of the administrator. | 22 |
| (d) The residents' advisory council may communicate to the | 23 |
| administrator the opinions and concerns of the residents. The | 24 |
| council shall review procedures for implementing resident | 25 |
| rights, facility responsibilities and make recommendations for |
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| changes or additions which will strengthen the facility's | 2 |
| policies and procedures as they affect residents' rights and | 3 |
| facility responsibilities. | 4 |
| (e) The council shall be a forum for: | 5 |
| (1) Obtaining and disseminating information; | 6 |
| (2) Soliciting and adopting recommendations for | 7 |
| facility programing and improvements; | 8 |
| (3) Early identification and for recommending orderly | 9 |
| resolution of problems. | 10 |
| (f) The council may present complaints as provided in | 11 |
| Section 3-702 on behalf of a resident to the Department, the DD | 12 |
| Long-Term Care Facility Advisory Board established under | 13 |
| Section 2-204 of this Act the Nursing Home Care Act or to any | 14 |
| other person it considers appropriate.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 16 |
| (210 ILCS 47/2-204) | 17 |
| (This Section may contain text from a Public Act with a | 18 |
| delayed effective date )
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| Sec. 2-204. DD Long-Term Care Facility Advisory Board. The | 20 |
| Director shall appoint a DD Facility Advisory Board to consult | 21 |
| with the Department and the residents' advisory councils | 22 |
| created under Section 2-203. | 23 |
| (a) The Advisory Board shall be composed of the following | 24 |
| persons: | 25 |
| (1) the Director who shall serve as chairperson, ex
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| officio, and nonvoting; | 2 |
| (2) one representative each of the Department of
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| Healthcare and Family Services, the Department of Human | 4 |
| Services, and the Office of the State Fire Marshal, all | 5 |
| nonvoting members; | 6 |
| (3) one member who shall be a physician licensed to
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| practice medicine in all its branches; | 8 |
| (4) one member who shall be a behavioral specialist
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| selected from the recommendations of the Department of | 10 |
| Human Services; | 11 |
| (5) three members who shall be selected from the
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| recommendations by organizations whose membership consists | 13 |
| of facilities; | 14 |
| (6) two members who shall represent the general
public | 15 |
| who are not members of a residents' advisory council | 16 |
| established under Section 2-203 and who have no | 17 |
| responsibility for management or formation of policy or | 18 |
| financial interest in a facility; | 19 |
| (7) one member who is a member of a residents'
advisory | 20 |
| council established under Section 2-203 and is capable of | 21 |
| actively participating on the Advisory Board; and | 22 |
| (8) one member who shall be selected from the
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| recommendations of consumer organizations that engage | 24 |
| solely in advocacy or legal representation on behalf of | 25 |
| residents and their immediate families. | 26 |
| (b) The Advisory Board shall meet as frequently as the |
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| chairperson deems necessary, but not less than 4 times each | 2 |
| year. Upon request by 4 or more members, the chairperson shall | 3 |
| call a meeting of the Advisory Board. The affirmative vote of 6 | 4 |
| members of the Advisory Board shall be necessary for Advisory | 5 |
| Board action. A member of the Advisory Board may designate a | 6 |
| replacement to serve at the Advisory Board meeting and vote in | 7 |
| place of the member by submitting a letter of designation to | 8 |
| the chairperson prior to or at the Advisory Board meeting. The | 9 |
| Advisory Board members shall be reimbursed for their actual | 10 |
| expenses incurred in the performance of their duties. | 11 |
| (c) The Advisory Board shall advise the Department of | 12 |
| Public Health on all aspects of its responsibilities under this | 13 |
| Act, including the format and content of any rules promulgated | 14 |
| by the Department of Public Health. Any such rules, except | 15 |
| emergency rules promulgated pursuant to Section 5-45 of the | 16 |
| Illinois Administrative Procedure Act, promulgated without | 17 |
| obtaining the advice of the Advisory Board are null and void. | 18 |
| If the Department fails to follow the advice of the Advisory | 19 |
| Board, the Department shall, prior to the promulgation of such | 20 |
| rules, transmit a written explanation of the reason therefor to | 21 |
| the Advisory Board. During its review of rules, the Advisory | 22 |
| Board shall analyze the economic and regulatory impact of those | 23 |
| rules. If the Advisory Board, having been asked for its advice, | 24 |
| fails to advise the Department within 90 days, the rules shall | 25 |
| be considered acted upon. The Long-Term Care Facility Advisory | 26 |
| Board established under Section 2-204 of the Nursing Home Care |
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| Act shall advise the Department of Public Health on all aspects | 2 |
| of its responsibilities under this Act, including the format | 3 |
| and content of any rules promulgated by the Department of | 4 |
| Public Health. Any such rules, except emergency rules | 5 |
| promulgated pursuant to Section 5-45 of the Illinois | 6 |
| Administrative Procedure Act, promulgated without obtaining | 7 |
| the advice of the Advisory Board are null and void. In the | 8 |
| event that the Department fails to follow the advice of the | 9 |
| Board, the Department shall, prior to the promulgation of such | 10 |
| rules, transmit a written explanation of the reason thereof to | 11 |
| the Board. During its review of rules, the Board shall analyze | 12 |
| the economic and regulatory impact of those rules. If the | 13 |
| Advisory Board, having been asked for its advice, fails to | 14 |
| advise the Department within 90 days, the rules shall be | 15 |
| considered acted upon.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 17 |
| (210 ILCS 47/3-303.1) | 18 |
| (This Section may contain text from a Public Act with a | 19 |
| delayed effective date )
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| Sec. 3-303.1. Waiver of facility's compliance with rule or | 21 |
| standard. Upon application by a facility, the Director may | 22 |
| grant or renew the waiver of the facility's compliance with a | 23 |
| rule or standard for a period not to exceed the duration of the | 24 |
| current license or, in the case of an application for license | 25 |
| renewal, the duration of the renewal period. The waiver may be |
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| conditioned upon the facility taking action prescribed by the | 2 |
| Director as a measure equivalent to compliance. In determining | 3 |
| whether to grant or renew a waiver, the Director shall consider | 4 |
| the duration and basis for any current waiver with respect to | 5 |
| the same rule or standard and the validity and effect upon | 6 |
| patient health and safety of extending it on the same basis, | 7 |
| the effect upon the health and safety of residents, the quality | 8 |
| of resident care, the facility's history of compliance with the | 9 |
| rules and standards of this Act and the facility's attempts to | 10 |
| comply with the particular rule or standard in question. The | 11 |
| Department may provide, by rule, for the automatic renewal of | 12 |
| waivers concerning physical plant requirements upon the | 13 |
| renewal of a license. The Department shall renew waivers | 14 |
| relating to physical plant standards issued pursuant to this | 15 |
| Section at the time of the indicated reviews, unless it can | 16 |
| show why such waivers should not be extended for the following | 17 |
| reasons: | 18 |
| (a) the condition of the physical plant has deteriorated or | 19 |
| its use substantially changed so that the basis upon which the | 20 |
| waiver was issued is materially different; or | 21 |
| (b) the facility is renovated or substantially remodeled in | 22 |
| such a way as to permit compliance with the applicable rules | 23 |
| and standards without substantial increase in cost.
A copy of | 24 |
| each waiver application and each waiver granted or renewed | 25 |
| shall be on file with the Department and available for public | 26 |
| inspection. The Director shall annually review such file and |
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| recommend to the DD Long-Term Care Facility Advisory Board | 2 |
| established under Section 2-204 of this Act Section 2-204 of | 3 |
| the Nursing Home Care Act any modification in rules or | 4 |
| standards suggested by the number and nature of waivers | 5 |
| requested and granted and the difficulties faced in compliance | 6 |
| by similarly situated facilities.
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| (Source: P.A. 96-339, eff. 7-1-10.)
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| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2010.".
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