Full Text of HB5633 97th General Assembly
HB5633ham002 97TH GENERAL ASSEMBLY | Rep. Kent Gaffney Filed: 3/27/2012
| | 09700HB5633ham002 | | LRB097 17001 CEL 68078 a |
|
| 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) The resident has the right to immediate | 8 | | access to individuals listed in paragraphs (1) through (6) of | 9 | | this subsection and the facility must provide immediate access | 10 | | to any resident by individuals listed in paragraphs (1) through | 11 | | (6) of this subsection: | 12 | | (1) any representative of the State; | 13 | | (2) the resident's individual physician; | 14 | | (3) the State's long-term care ombudsman, established | 15 | | under Section 307(a)(12) of the federal Older Americans Act | 16 | | of 1965; |
| | | 09700HB5633ham002 | - 2 - | LRB097 17001 CEL 68078 a |
|
| 1 | | (4) the agency responsible for the protection and | 2 | | advocacy system for mentally ill individuals established | 3 | | under the Protection and Advocacy for Mentally Ill Persons | 4 | | Act; | 5 | | (5) immediate family or other relatives of the resident | 6 | | subject to the resident's right to deny or withdraw consent | 7 | | at any time; and | 8 | | (6) others who are visiting with the consent of the | 9 | | resident subject to reasonable restrictions and the | 10 | | resident's right to deny or withdraw consent at any time. | 11 | | Any employee or agent of a public agency, any
| 12 | | representative of a community legal services program or any | 13 | | other member
of the general public shall be permitted access at | 14 | | reasonable hours to
any individual resident of any facility, | 15 | | but only if there is neither a
commercial purpose nor
effect to | 16 | | such access and if the purpose is to do any of the following:
| 17 | | (1) Visit, talk with and make personal, social and | 18 | | legal services
available to all residents;
| 19 | | (2) Inform residents of their rights and entitlements | 20 | | and their
corresponding obligations, under federal and | 21 | | State laws, by means of
educational materials and | 22 | | discussions in groups and with individual
residents;
| 23 | | (3) Assist residents in asserting their legal rights | 24 | | regarding
claims for public assistance, medical assistance | 25 | | and social security
benefits, as well as in all other | 26 | | matters in which residents are
aggrieved. Assistance may |
| | | 09700HB5633ham002 | - 3 - | LRB097 17001 CEL 68078 a |
|
| 1 | | include counseling and litigation; or
| 2 | | (4) Engage in other methods of asserting, advising and | 3 | | representing
residents so as to extend to them full | 4 | | enjoyment of their rights. | 5 | | (a-3) The facility shall provide reasonable access to any | 6 | | entity or individual that provides health, social, legal, or | 7 | | other services to the resident, subject to the resident's right | 8 | | to deny or withdraw consent at any time. | 9 | | (a-5) If a resident of a licensed facility is an identified | 10 | | offender, any federal, State, or local law enforcement officer | 11 | | or county probation officer shall be permitted reasonable | 12 | | access to the individual resident to verify compliance with the | 13 | | requirements of the Sex Offender Registration Act, to verify | 14 | | compliance with the requirements of Public Act 94-163 and this | 15 | | amendatory Act of the 94th General Assembly, or to verify | 16 | | compliance with applicable terms of probation, parole, or | 17 | | mandatory supervised release.
| 18 | | (b) All persons entering a facility under this Section | 19 | | shall
promptly notify appropriate facility personnel of their | 20 | | presence. They
shall, upon request, produce identification to | 21 | | establish their identity and the identity of the agency, | 22 | | program, or organization they represent .
No such person shall | 23 | | enter the immediate living area of any resident
without first | 24 | | identifying himself and then receiving permission from the
| 25 | | resident to enter. The rights of other residents present in the | 26 | | room
shall be respected. A resident may terminate at any time a |
| | | 09700HB5633ham002 | - 4 - | LRB097 17001 CEL 68078 a |
|
| 1 | | visit by a
person having access to the resident's living area | 2 | | under this Section , upon which the visitor must immediately | 3 | | leave the living area .
| 4 | | (c) This Section shall not limit the power of the | 5 | | Department or
other public agency otherwise permitted or | 6 | | required by law to enter and
inspect a facility , including any | 7 | | employee or agent of a public agency acting in response to an | 8 | | order of the court .
| 9 | | (d) Notwithstanding paragraph (a) of this Section, the | 10 | | administrator
of a facility may refuse access to the facility | 11 | | to any person if the
presence of that person in the facility | 12 | | would be injurious to the health
and safety of a resident or | 13 | | would threaten the security of the property
of a resident or | 14 | | the facility, or if the person seeks access to the
facility for | 15 | | commercial purposes. Any person refused access to a
facility | 16 | | may within 10 days request a hearing under Section 3-703. In
| 17 | | that proceeding, the burden of proof as to the right of the | 18 | | facility to
refuse access under this Section shall be on the | 19 | | facility.
| 20 | | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
|
|