Full Text of HB5633 97th General Assembly
HB5633ham001 97TH GENERAL ASSEMBLY | Rep. Kent Gaffney Filed: 3/2/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5633
| 2 | | AMENDMENT NO. ______. Amend House Bill 5633 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 2-110 as follows:
| 6 | | (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)
| 7 | | Sec. 2-110. (a) Any employee or agent of a public agency, | 8 | | any
representative of a community legal services program or any | 9 | | other member
of the general public shall be permitted access at | 10 | | reasonable hours to
any individual resident of any facility, | 11 | | with the resident's consent, but only if there is neither a
| 12 | | commercial purpose nor
effect to such access and if the purpose | 13 | | is to do any of the following:
| 14 | | (1) Visit, talk with and make personal, social and | 15 | | legal services
available to all residents;
| 16 | | (2) Inform residents of their rights and entitlements |
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| 1 | | and their
corresponding obligations, under federal and | 2 | | State laws, by means of
educational materials and | 3 | | discussions in groups and with individual
residents;
| 4 | | (3) Assist residents in asserting their legal rights | 5 | | regarding
claims for public assistance, medical assistance | 6 | | and social security
benefits, as well as in all other | 7 | | matters in which residents are
aggrieved. Assistance may | 8 | | include counseling and litigation; or
| 9 | | (4) Engage in other methods of asserting, advising and | 10 | | representing
residents so as to extend to them full | 11 | | enjoyment of their rights. | 12 | | Every individual, regardless of whether he or she is an | 13 | | employee or agent of a public agency, a representative of a | 14 | | community legal services program, or a member of the general | 15 | | public, entering a facility as authorized under this Section | 16 | | shall promptly notify the administrator or his or her designee | 17 | | of their presence and request access to those residents who | 18 | | have given consent to such access. Every visitor to whom this | 19 | | Section applies shall, upon request, produce identification to | 20 | | establish his or her identity and the identity of the agency, | 21 | | program, or organization he or she represents and the purpose | 22 | | of his or her visit. | 23 | | For the purpose of ensuring that the nature of the visit is | 24 | | not for a commercial purpose or effect and to protect the | 25 | | residents of the facility from unwanted solicitations, | 26 | | potential financial exploitation, and abuse, including |
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| 1 | | identity theft scams, all individuals, upon request, shall | 2 | | provide copies of all informational materials, including, but | 3 | | not limited to, applications for services for which interested | 4 | | residents may be asked to provide personal, legal, financial, | 5 | | or medical information. Employees or agents of a public agency, | 6 | | an attorney with an existing relationship with a resident or | 7 | | who is acting at the behest of the courts, or an invited guest | 8 | | of a resident shall be exempted from providing copies of | 9 | | informational material to the administrator or his or her | 10 | | designee. | 11 | | No individual shall enter the immediate living area of any | 12 | | resident without first identifying himself or herself and then | 13 | | shall receive permission to enter. The rights of other | 14 | | residents present in the room must be respected. This includes | 15 | | the requirement that a resident who has consented to an | 16 | | interview must be interviewed in another location if the other | 17 | | residents present in the room have denied consent to the | 18 | | interview taking place in that room. | 19 | | A resident may terminate a visit under this Section at any | 20 | | time. Upon a resident's termination of a visit under this | 21 | | Section, the visitor must immediately leave the living area or | 22 | | alternative meeting area and notify the front desk that the | 23 | | visit has been terminated at the resident's request. | 24 | | If a legal guardian has been appointed for a resident by a | 25 | | probate court, any individual, whether an employee or agent of | 26 | | a public agency, a representative of a community legal services |
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| 1 | | program, or a member of the general public, requesting | 2 | | personal, legal, financial, or medical information from the | 3 | | resident must have sought and received prior written approval | 4 | | from the guardian before seeking access to the resident and | 5 | | must present evidence of that approval to the administrator or | 6 | | the administrator's designee upon entering the facility. | 7 | | Nothing in this subsection shall be interpreted to impede | 8 | | access to a resident with the express purpose of assisting the | 9 | | resident in transitioning to another care setting. | 10 | | (a-5) If a resident of a licensed facility is an identified | 11 | | offender, any federal, State, or local law enforcement officer | 12 | | or county probation officer shall be permitted reasonable | 13 | | access to the individual resident to verify compliance with the | 14 | | requirements of the Sex Offender Registration Act, to verify | 15 | | compliance with the requirements of Public Act 94-163 and this | 16 | | amendatory Act of the 94th General Assembly, or to verify | 17 | | compliance with applicable terms of probation, parole, or | 18 | | mandatory supervised release.
| 19 | | (b) All persons entering a facility under this Section | 20 | | shall
promptly notify appropriate facility personnel of their | 21 | | presence. They
shall, upon request, produce identification to | 22 | | establish their identity.
No such person shall enter the | 23 | | immediate living area of any resident
without first identifying | 24 | | himself and then receiving permission from the
resident to | 25 | | enter. The rights of other residents present in the room
shall | 26 | | be respected. A resident may terminate at any time a visit by a
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| 1 | | person having access to the resident's living area under this | 2 | | Section.
| 3 | | (c) This Section shall not limit the power of the | 4 | | Department or
other public agency otherwise permitted or | 5 | | required by law to enter and
inspect a facility.
| 6 | | (d) Notwithstanding paragraph (a) of this Section, the | 7 | | administrator
of a facility may refuse access to the facility | 8 | | to any person if the
presence of that person in the facility | 9 | | would be injurious to the health
and safety of a resident or | 10 | | would threaten the security of the property
of a resident or | 11 | | the facility, or if the person seeks access to the
facility for | 12 | | commercial purposes. Any person refused access to a
facility | 13 | | may within 10 days request a hearing under Section 3-703. In
| 14 | | that proceeding, the burden of proof as to the right of the | 15 | | facility to
refuse access under this Section shall be on the | 16 | | facility.
| 17 | | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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