Full Text of SB0678 96th General Assembly
SB0678sam001 96TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 3/15/2010
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| AMENDMENT TO SENATE BILL 678
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| AMENDMENT NO. ______. Amend Senate Bill 678 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Identification Act is amended by | 5 |
| adding Section 15 as follows: | 6 |
| (20 ILCS 2630/15 new) | 7 |
| Sec. 15. Notification of outstanding warrant. If the | 8 |
| existence of an outstanding arrest warrant is identified by the | 9 |
| Department in connection with the criminal history background | 10 |
| checks conducted pursuant to subsection (b) of Section 2-201.5 | 11 |
| of the Nursing Home Care Act, the Department shall notify the | 12 |
| issuing jurisdiction of the following: (i) the existence of the | 13 |
| warrant and (ii) the name, address, and telephone number of the | 14 |
| licensed long term care facility in which the wanted person | 15 |
| resides. |
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| Section 10. The Nursing Home Care Act is amended by | 2 |
| changing Sections 1-114.01, 2-201.5, and 2-201.6 and by adding | 3 |
| Section 3-808 as follows: | 4 |
| (210 ILCS 45/1-114.01)
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| Sec. 1-114.01. Identified offender. "Identified offender" | 6 |
| means a person who has been convicted of any felony or | 7 |
| misdemeanor offense listed in Section 25 of the Health Care | 8 |
| Worker Background Check Act , is a registered sex offender, or | 9 |
| has an outstanding arrest warrant is serving a term of parole, | 10 |
| mandatory supervised release, or probation for a felony | 11 |
| offense .
| 12 |
| (Source: P.A. 94-163, eff. 7-11-05.)
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| (210 ILCS 45/2-201.5)
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| Sec. 2-201.5. Screening prior to admission. | 15 |
| (a) All persons age 18 or older seeking admission to a | 16 |
| nursing
facility must be screened to
determine the need for | 17 |
| nursing facility services prior to being admitted,
regardless | 18 |
| of income, assets, or funding source. In addition, any person | 19 |
| who
seeks to become eligible for medical assistance from the | 20 |
| Medical Assistance
Program under the Illinois Public Aid Code | 21 |
| to pay for long term care services
while residing in a facility | 22 |
| must be screened prior to receiving those
benefits. Screening | 23 |
| for nursing facility services shall be administered
through |
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| procedures established by administrative rule. Screening may | 2 |
| be done
by agencies other than the Department as established by | 3 |
| administrative rule.
This Section applies on and after July 1, | 4 |
| 1996. | 5 |
| (b) In addition to the screening required by subsection | 6 |
| (a), a facility, except for those licensed as long term care | 7 |
| for under age 22 facilities, shall, within 24 hours after | 8 |
| admission, request a criminal history background check | 9 |
| pursuant to the Uniform Conviction Information Act for all | 10 |
| persons age 18 or older seeking admission to the facility. | 11 |
| Background checks conducted pursuant to this Section shall be | 12 |
| based on the resident's name, date of birth, and other | 13 |
| identifiers as required by the Department of State Police. If | 14 |
| the results of the background check are inconclusive, the | 15 |
| facility shall initiate a fingerprint-based check, unless the | 16 |
| fingerprint check is waived by the Director of Public Health | 17 |
| based on verification by the facility that the resident is | 18 |
| completely immobile or that the resident meets other criteria | 19 |
| related to the resident's health or lack of potential risk | 20 |
| which may be established by Departmental rule. A waiver issued | 21 |
| pursuant to this Section shall be valid only while the resident | 22 |
| is immobile or while the criteria supporting the waiver exist. | 23 |
| The facility shall provide for or arrange for any required | 24 |
| fingerprint-based checks to be taken on the premises of the | 25 |
| facility. If a fingerprint-based check is required, the | 26 |
| facility shall arrange for it to be conducted in a manner that |
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| is respectful of the resident's dignity and that minimizes any | 2 |
| emotional or physical hardship to the resident. | 3 |
| A facility, except for those licensed as long term care for | 4 |
| under age 22 facilities, shall, within 60 days after the | 5 |
| effective date of this amendatory Act of the 94th General | 6 |
| Assembly, request a criminal history background check pursuant | 7 |
| to the Uniform Conviction Information Act for all persons who | 8 |
| are residents of the facility on the effective date of this | 9 |
| amendatory Act of the 94th General Assembly. The facility shall | 10 |
| review the results of the criminal history background checks | 11 |
| immediately upon receipt thereof. If the results of the | 12 |
| background check are inconclusive, the facility shall initiate | 13 |
| a fingerprint-based check unless the fingerprint-based check | 14 |
| is waived by the Director of Public Health based on | 15 |
| verification by the facility that the resident is completely | 16 |
| immobile or that the resident meets other criteria related to | 17 |
| the resident's health or lack of potential risk which may be | 18 |
| established by Departmental rule. A waiver issued pursuant to | 19 |
| this Section shall be valid only while the resident is immobile | 20 |
| or while the criteria supporting the waiver exist. The facility | 21 |
| shall provide for or arrange for any required fingerprint-based | 22 |
| checks to be taken on the premises of the facility. If a | 23 |
| fingerprint-based check is required, the facility shall | 24 |
| arrange for it to be conducted in a manner that is respectful | 25 |
| of the resident's dignity and that minimizes any emotional or | 26 |
| physical hardship to the resident. |
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| (c) If the results of a resident's criminal history | 2 |
| background check reveal that the resident is an identified | 3 |
| offender as defined in Section 1-114.01, the facility shall | 4 |
| immediately fax the resident's name and criminal history | 5 |
| information to the Illinois Department of State Police Public | 6 |
| Health , which shall conduct a Criminal History Analysis | 7 |
| pursuant to Section 2-201.6. The Criminal History Analysis | 8 |
| shall be conducted independently of the Illinois Department of | 9 |
| Public Health's Office of Healthcare Regulation. The Office of | 10 |
| Healthcare Regulation shall have no involvement with the | 11 |
| process of reviewing or analyzing the criminal history of | 12 |
| identified offenders. | 13 |
| (d) The Illinois Department of State Police Public Health | 14 |
| shall keep a continuing record of all residents determined to | 15 |
| be identified offenders under Section 1-114.01 and shall report | 16 |
| the number of identified offender residents annually to the | 17 |
| General Assembly.
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| (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
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| (210 ILCS 45/2-201.6) | 20 |
| Sec. 2-201.6. Criminal History Analysis. | 21 |
| (a) The Department of State Police shall immediately | 22 |
| commence a Criminal History Analysis when it receives | 23 |
| information, through the criminal history background check | 24 |
| required pursuant to subsection (b) of Section 2-201.5 or | 25 |
| through any other means, that a resident of a facility is an |
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| identified offender. | 2 |
| (b) The Department of State Police shall complete the | 3 |
| Criminal History Analysis as soon as practicable, but not later | 4 |
| than 14 days after receiving notice from the facility under | 5 |
| subsection (a). | 6 |
| (c) The Criminal History Analysis shall include, but not be | 7 |
| limited to, all of the following: | 8 |
| (1) Consultation with the identified offender's | 9 |
| assigned parole agent or probation officer, if applicable. | 10 |
| (2) Consultation with the convicting prosecutor's | 11 |
| office. | 12 |
| (3) A review of the statement of facts, police reports, | 13 |
| and victim impact statements, if available. | 14 |
| (4) An interview with the identified offender. | 15 |
| (5) Consultation with the facility administrator or | 16 |
| facility medical director, or both, regarding the physical | 17 |
| condition of the identified offender.
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| (6) Consideration of the entire criminal history of the | 19 |
| offender, including the date of the identified offender's | 20 |
| last conviction relative to the date of admission to a | 21 |
| long-term care facility. | 22 |
| (7) If the identified offender is a convicted or | 23 |
| registered sex offender, a review of any and all sex | 24 |
| offender evaluations conducted on that offender. If there | 25 |
| is no sex offender evaluation available, the facility in | 26 |
| which the identified offender resides Department shall |
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| provide for a sex offender evaluation to be conducted on | 2 |
| the identified offender. If the convicted or registered sex | 3 |
| offender is under supervision by the Illinois Department of | 4 |
| Corrections or a county probation department, the sex | 5 |
| offender evaluation shall be arranged by and at the expense | 6 |
| of the supervising agency. All evaluations conducted on | 7 |
| convicted or registered sex offenders under this Act shall | 8 |
| be conducted by sex offender evaluators approved by the Sex | 9 |
| Offender Management Board. | 10 |
| (d) The Department of State Police shall prepare a Criminal | 11 |
| History Analysis Report based on the analysis conducted | 12 |
| pursuant to subsection (c). The Report shall include a summary | 13 |
| of the Risk Analysis and shall detail whether and to what | 14 |
| extent the identified offender's criminal history necessitates | 15 |
| the implementation of security measures within the long-term | 16 |
| care facility. If the identified offender is a convicted or | 17 |
| registered sex offender or if the Department's Criminal History | 18 |
| Analysis reveals that the identified offender poses a | 19 |
| significant risk of harm to others within the facility, the | 20 |
| offender shall be required to have his or her own room within | 21 |
| the facility. | 22 |
| (e) The Criminal History Analysis Report shall promptly be | 23 |
| provided to the following: | 24 |
| (1) The long-term care facility within which the | 25 |
| identified offender resides. | 26 |
| (2) The Chief of Police of the municipality in which |
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| the facility is located. | 2 |
| (3) The State of Illinois Long Term Care Ombudsman. | 3 |
| (f) The facility shall incorporate the Criminal History | 4 |
| Analysis Report into the identified offender's care plan | 5 |
| created pursuant to 42 CFR 483.20. | 6 |
| (g) If, based on the Criminal History Analysis Report, a | 7 |
| facility determines that it cannot manage the identified | 8 |
| offender resident safely within the facility, it shall commence | 9 |
| involuntary transfer or discharge proceedings pursuant to | 10 |
| Section 3-402. | 11 |
| (h) Except for willful and wanton misconduct, any person | 12 |
| authorized to participate in the development of a Criminal | 13 |
| History Analysis or Criminal History Analysis Report is immune | 14 |
| from criminal or civil liability for any acts or omissions as | 15 |
| the result of his or her good faith effort to comply with this | 16 |
| Section.
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| (Source: P.A. 94-752, eff. 5-10-06.) | 18 |
| (210 ILCS 45/3-808 new) | 19 |
| Sec. 3-808. Nursing home fraud, abuse, and neglect | 20 |
| prevention and reporting. | 21 |
| (a) Every licensed long term care facility that receives | 22 |
| Medicaid funding shall prominently display in its lobby, in its | 23 |
| dining areas, and on each floor of the facility information | 24 |
| approved by the Illinois Medicaid Fraud Control Unit on how to | 25 |
| report fraud, abuse, and neglect. In addition, information |
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| regarding the reporting of fraud, abuse, and neglect shall be | 2 |
| provided to each resident at the time of admission and to the | 3 |
| resident's family members or emergency contacts, or to both the | 4 |
| resident's family members and his or her emergency contacts. | 5 |
| (b) Any owner or licensee of a long term care facility who | 6 |
| furnishes or fails to furnish goods or services to a resident | 7 |
| that, when based upon competent medical judgment and evaluation | 8 |
| within accepted standards of care, are determined to be harmful | 9 |
| to the resident or are of grossly inferior quality, is guilty | 10 |
| of a Class 4 felony. | 11 |
| (c) Any owner or licensee of a long term care facility | 12 |
| licensed under the this Act shall be responsible for the | 13 |
| collection and maintenance of any and all records required to | 14 |
| be maintained under this Section and any other applicable | 15 |
| provisions of this Act, and as a provider under the Illinois | 16 |
| Public Aid Code, and shall be responsible for compliance with | 17 |
| all of the disclosure requirements under this Section. All | 18 |
| books and records and other papers and documents that are | 19 |
| required to be kept, and all records showing compliance with | 20 |
| all of the disclosure requirements to be made pursuant to this | 21 |
| Section, shall be kept at the facility and shall, at all times | 22 |
| during business hours, be subject to inspection by any law | 23 |
| enforcement or health oversight agency or its duly authorized | 24 |
| agents or employees. | 25 |
| (d) Any report of abuse and neglect of residents made by | 26 |
| any individual in whatever manner, including, but not limited |
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| to, reports made under Sections 2-107 and 3-610 of this Act, or | 2 |
| as provided under the Abused and Neglected Long Term Care | 3 |
| Facility Residents Reporting Act, that is made to an | 4 |
| administrator, a director of nursing, or any other person with | 5 |
| management responsibility at a long term care facility must be | 6 |
| disclosed to the owners and licensee of the facility within 24 | 7 |
| hours of the report. The owners and licensee of a long term | 8 |
| care facility shall maintain all records necessary to show | 9 |
| compliance with this disclosure requirement. | 10 |
| (e) Any person with an ownership interest in a long term | 11 |
| care facility licensed by the Department must, within 30 days | 12 |
| of the effective date of this amendatory Act of the 96th | 13 |
| General Assembly, disclose the existence of any ownership | 14 |
| interest in any vendor who does business with the facility. The | 15 |
| disclosures required by this subsection shall be made in the | 16 |
| form and manner prescribed by the Department. Licensed long | 17 |
| term care facilities who receive Medicaid funding shall submit | 18 |
| a copy of the disclosures required by this subsection to the | 19 |
| Illinois Medicaid Fraud Control Unit. The owners and licensee | 20 |
| of a long term care facility shall maintain all records | 21 |
| necessary to show compliance with this disclosure requirement. | 22 |
| (f) Notwithstanding the provisions of Section 3-318 of this | 23 |
| Act, and in addition thereto, any person, owner, or licensee | 24 |
| who fails to keep and maintain, or fails to produce for | 25 |
| inspection, books and records, or fails to make the disclosures | 26 |
| required by this Section, is guilty of a Class A misdemeanor. A |
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| second or subsequent violation of this Section shall be | 2 |
| punishable as a Class 4 felony. | 3 |
| (g) Any owner or licensee who files or causes to be filed a | 4 |
| document with false information with the Department, the | 5 |
| Department of Healthcare and Family Services, or the Illinois | 6 |
| Medicaid Fraud Control Unit or any other law enforcement | 7 |
| agency, or who makes a false statement or representation to the | 8 |
| Illinois Medicaid Fraud Control Unit or any law enforcement | 9 |
| agency, is guilty of a Class 4 felony. | 10 |
| Section 15. The Criminal Code of 1961 is amended by | 11 |
| changing Section 12-19 as follows:
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| (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
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| (Text of Section before amendment by P.A. 96-339 )
| 14 |
| Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
| 15 |
| Facility Resident. | 16 |
| (a) Any person or any owner or licensee of a long term care | 17 |
| facility who
abuses a long term care facility resident is | 18 |
| guilty of a Class 3 felony.
Any person or any owner or licensee | 19 |
| of a long term care facility who
criminally
neglects a long | 20 |
| term care facility resident is guilty of a Class 4 felony.
A | 21 |
| person whose
criminal neglect of a long term care facility | 22 |
| resident results in the
resident's death is
guilty of a Class 3 | 23 |
| felony. However, nothing herein shall be deemed to
apply to
a | 24 |
| physician licensed to practice medicine in all its branches or |
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| a duly
licensed nurse providing care within the scope of his or | 2 |
| her professional
judgment and within the accepted standards of | 3 |
| care within the community. Notwithstanding the provisions of | 4 |
| Section 5-4 of this Code, any owner or licensee of a long term | 5 |
| care facility, whether an individual, public or private | 6 |
| corporation, limited liability company, partnership, | 7 |
| unincorporated association, or any other entity doing business | 8 |
| in this State, may be prosecuted under this Section if the | 9 |
| conduct giving rise to the offense is performed by any agent of | 10 |
| the owner or licensee. It shall not be a defense to this | 11 |
| Section if the owner or licensee acted with organizational | 12 |
| indifference.
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| (b) Notwithstanding the penalties in subsections (a) and | 14 |
| (c) and in
addition thereto, if a licensee or owner of a long | 15 |
| term care facility or
his or her employee has caused neglect of | 16 |
| a resident, the licensee or owner
is guilty of a petty offense. | 17 |
| An owner or licensee is guilty under this
subsection (b) only | 18 |
| if the owner or licensee failed to exercise reasonable
care in | 19 |
| the hiring, training, supervising or providing of staff or | 20 |
| other
related routine administrative responsibilities.
| 21 |
| (c) (Blank) Notwithstanding the penalties in subsections | 22 |
| (a) and (b) and in
addition thereto, if a licensee or owner of | 23 |
| a long term care facility or
his or her employee has caused | 24 |
| gross neglect of a resident, the licensee or
owner is guilty of | 25 |
| a business offense for which a fine of not more than
$10,000 | 26 |
| may be imposed. An owner or licensee is guilty under this
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| subsection (c) only if the owner or licensee failed to exercise | 2 |
| reasonable
care in the hiring, training, supervising or | 3 |
| providing of staff or other
related routine administrative | 4 |
| responsibilities .
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| (d) For the purpose of this Section:
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| (1) "Abuse" means intentionally or knowingly causing | 7 |
| any physical or
mental injury or committing any sexual | 8 |
| offense set forth in this Code.
| 9 |
| (2) "Criminal neglect" means an act whereby a person | 10 |
| recklessly (i)
performs acts that cause an elderly person's | 11 |
| or person with a disability's life
to be
endangered, health | 12 |
| to be injured, or pre-existing physical or mental condition
| 13 |
| to
deteriorate or creates the substantial likelihood of | 14 |
| injury or deterioration , or (ii) fails to perform acts that | 15 |
| he or she knows or reasonably
should
know are necessary to | 16 |
| maintain or preserve the life or health of an elderly
| 17 |
| person
or person with a disability, and that failure causes | 18 |
| the elderly person's or
person
with a disability's life to | 19 |
| be endangered, health to be injured, or
pre-existing
| 20 |
| physical or mental condition to deteriorate or creates the | 21 |
| substantial likelihood of injury or deterioration , or | 22 |
| (iii) abandons an elderly
person
or person with a | 23 |
| disability.
| 24 |
| (3) "Neglect" means negligently failing to provide | 25 |
| adequate medical
or personal care or maintenance, which | 26 |
| failure results in physical or mental
injury or the |
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| deterioration of a physical or mental condition.
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| (4) "Resident" means a person residing in a long term | 3 |
| care facility.
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| (5) "Owner" means the person who owns a long term care | 5 |
| facility as
provided under the Nursing Home Care Act or an | 6 |
| assisted living or shared
housing establishment under the | 7 |
| Assisted Living and Shared Housing Act.
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| (6) "Licensee" means the individual or entity licensed | 9 |
| to operate a
facility under the Nursing Home Care Act or | 10 |
| the Assisted Living and Shared
Housing Act.
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| (7) "Facility" or "long term care facility" means a | 12 |
| private home,
institution, building, residence, or any | 13 |
| other place, whether operated for
profit or not, or a | 14 |
| county home for the infirm and chronically ill operated
| 15 |
| pursuant to Division 5-21 or 5-22 of the Counties Code, or | 16 |
| any similar
institution operated by
the State of Illinois | 17 |
| or a political subdivision thereof, which provides,
| 18 |
| through its ownership or management, personal care, | 19 |
| sheltered care or
nursing for 3 or more persons not related | 20 |
| to the owner by blood or
marriage. The term also includes | 21 |
| skilled nursing facilities and
intermediate care | 22 |
| facilities as defined in Title XVIII and Title XIX of the
| 23 |
| federal Social Security Act and assisted living | 24 |
| establishments and shared
housing establishments licensed | 25 |
| under the Assisted Living and Shared Housing
Act.
| 26 |
| (8) "Organizational indifference" means that an owner |
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| or licensee failed to exercise reasonable care in the | 2 |
| hiring, training, supervising, or providing of staff or | 3 |
| other related routine health care responsibilities. | 4 |
| (e) Nothing contained in this Section shall be deemed to | 5 |
| apply to the
medical supervision, regulation or control of the | 6 |
| remedial care or
treatment of residents in a facility conducted | 7 |
| for those who rely upon
treatment by prayer or spiritual means | 8 |
| in accordance with the creed or
tenets of any well recognized | 9 |
| church or religious denomination and which
is licensed in | 10 |
| accordance with Section 3-803 of the Nursing Home Care Act.
| 11 |
| (Source: P.A. 93-301, eff. 1-1-04.)
| 12 |
| (Text of Section after amendment by P.A. 96-339 )
| 13 |
| Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care
| 14 |
| Facility Resident. | 15 |
| (a) Any person or any owner or licensee of a long term care | 16 |
| facility who
abuses a long term care facility resident is | 17 |
| guilty of a Class 3 felony.
Any person or any owner or licensee | 18 |
| of a long term care facility who
criminally
neglects a long | 19 |
| term care facility resident is guilty of a Class 4 felony.
A | 20 |
| person whose
criminal neglect of a long term care facility | 21 |
| resident results in the
resident's death is
guilty of a Class 3 | 22 |
| felony. However, nothing herein shall be deemed to
apply to
a | 23 |
| physician licensed to practice medicine in all its branches or | 24 |
| a duly
licensed nurse providing care within the scope of his or | 25 |
| her professional
judgment and within the accepted standards of |
|
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| care within the community. Notwithstanding the provisions of | 2 |
| Section 5-4 of this Code, any owner or licensee of a long term | 3 |
| care facility, whether an individual, public or private | 4 |
| corporation, limited liability company, partnership, | 5 |
| unincorporated association, or any other entity doing business | 6 |
| in this State, may be prosecuted under this Section if the | 7 |
| conduct giving rise to the offense is performed by any agent of | 8 |
| the owner or licensee. It shall not be a defense to this | 9 |
| Section if the owner or licensee acted with organizational | 10 |
| indifference.
| 11 |
| (b) Notwithstanding the penalties in subsections (a) and | 12 |
| (c) and in
addition thereto, if a licensee or owner of a long | 13 |
| term care facility or
his or her employee has caused neglect of | 14 |
| a resident, the licensee or owner
is guilty of a petty offense. | 15 |
| An owner or licensee is guilty under this
subsection (b) only | 16 |
| if the owner or licensee failed to exercise reasonable
care in | 17 |
| the hiring, training, supervising or providing of staff or | 18 |
| other
related routine administrative responsibilities.
| 19 |
| (c) (Blank) Notwithstanding the penalties in subsections | 20 |
| (a) and (b) and in
addition thereto, if a licensee or owner of | 21 |
| a long term care facility or
his or her employee has caused | 22 |
| gross neglect of a resident, the licensee or
owner is guilty of | 23 |
| a business offense for which a fine of not more than
$10,000 | 24 |
| may be imposed. An owner or licensee is guilty under this
| 25 |
| subsection (c) only if the owner or licensee failed to exercise | 26 |
| reasonable
care in the hiring, training, supervising or |
|
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| providing of staff or other
related routine administrative | 2 |
| responsibilities .
| 3 |
| (d) For the purpose of this Section:
| 4 |
| (1) "Abuse" means intentionally or knowingly causing | 5 |
| any physical or
mental injury or committing any sexual | 6 |
| offense set forth in this Code.
| 7 |
| (2) "Criminal neglect" means an act whereby a person | 8 |
| recklessly (i)
performs acts that cause an elderly person's | 9 |
| or person with a disability's life
to be
endangered, health | 10 |
| to be injured, or pre-existing physical or mental condition
| 11 |
| to
deteriorate or creates the substantial likelihood of | 12 |
| injury or deterioration , or (ii) fails to perform acts that | 13 |
| he or she knows or reasonably
should
know are necessary to | 14 |
| maintain or preserve the life or health of an elderly
| 15 |
| person
or person with a disability, and that failure causes | 16 |
| the elderly person's or
person
with a disability's life to | 17 |
| be endangered, health to be injured, or
pre-existing
| 18 |
| physical or mental condition to deteriorate or creates the | 19 |
| substantial likelihood of injury or deterioration , or | 20 |
| (iii) abandons an elderly
person
or person with a | 21 |
| disability.
| 22 |
| (3) "Neglect" means negligently failing to provide | 23 |
| adequate medical
or personal care or maintenance, which | 24 |
| failure results in physical or mental
injury or the | 25 |
| deterioration of a physical or mental condition.
| 26 |
| (4) "Resident" means a person residing in a long term |
|
|
|
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| 1 |
| care facility.
| 2 |
| (5) "Owner" means the person who owns a long term care | 3 |
| facility as
provided under the Nursing Home Care Act, a | 4 |
| facility as provided under the MR/DD Community Care Act, or | 5 |
| an assisted living or shared
housing establishment under | 6 |
| the Assisted Living and Shared Housing Act.
| 7 |
| (6) "Licensee" means the individual or entity licensed | 8 |
| to operate a
facility under the Nursing Home Care Act, the | 9 |
| MR/DD Community Care Act, or the Assisted Living and Shared
| 10 |
| Housing Act.
| 11 |
| (7) "Facility" or "long term care facility" means a | 12 |
| private home,
institution, building, residence, or any | 13 |
| other place, whether operated for
profit or not, or a | 14 |
| county home for the infirm and chronically ill operated
| 15 |
| pursuant to Division 5-21 or 5-22 of the Counties Code, or | 16 |
| any similar
institution operated by
the State of Illinois | 17 |
| or a political subdivision thereof, which provides,
| 18 |
| through its ownership or management, personal care, | 19 |
| sheltered care or
nursing for 3 or more persons not related | 20 |
| to the owner by blood or
marriage. The term also includes | 21 |
| skilled nursing facilities and
intermediate care | 22 |
| facilities as defined in Title XVIII and Title XIX of the
| 23 |
| federal Social Security Act and assisted living | 24 |
| establishments and shared
housing establishments licensed | 25 |
| under the Assisted Living and Shared Housing
Act.
| 26 |
| (8) "Organizational indifference" means that an owner |
|
|
|
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| 1 |
| or licensee failed to exercise reasonable care in the | 2 |
| hiring, training, supervising, or providing of staff or | 3 |
| other related routine health care responsibilities. | 4 |
| (e) Nothing contained in this Section shall be deemed to | 5 |
| apply to the
medical supervision, regulation or control of the | 6 |
| remedial care or
treatment of residents in a facility conducted | 7 |
| for those who rely upon
treatment by prayer or spiritual means | 8 |
| in accordance with the creed or
tenets of any well recognized | 9 |
| church or religious denomination and which
is licensed in | 10 |
| accordance with Section 3-803 of the Nursing Home Care Act or | 11 |
| Section 3-803 of the MR/DD Community Care Act.
| 12 |
| (Source: P.A. 96-339, eff. 7-1-10.)
| 13 |
| Section 95. No acceleration or delay. Where this Act makes | 14 |
| changes in a statute that is represented in this Act by text | 15 |
| that is not yet or no longer in effect (for example, a Section | 16 |
| represented by multiple versions), the use of that text does | 17 |
| not accelerate or delay the taking effect of (i) the changes | 18 |
| made by this Act or (ii) provisions derived from any other | 19 |
| Public Act. | 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|