Full Text of SB0805 97th General Assembly
SB0805sam001 97TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 805
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 805 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 3-120 as follows: | 6 | | (210 ILCS 45/3-120) | 7 | | Sec. 3-120. Certification of behavioral management units. | 8 | | (a) No later than January 1, 2011, the Department shall | 9 | | file with the Joint Committee on Administrative Rules, pursuant | 10 | | to the Illinois Administrative Procedure Act, proposed rules or | 11 | | proposed amendments to existing rules to certify distinct | 12 | | self-contained units within existing nursing homes for the | 13 | | behavioral management of persons with a high risk of | 14 | | aggression. The purpose of the certification program is to | 15 | | ensure that the safety of residents, employees, and the public | 16 | | is preserved. |
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| 1 | | (b) The Department's rules shall, at a minimum, provide for | 2 | | the following: | 3 | | (1) A security and safety assessment, completed before | 4 | | admission to a certified unit if an Identified Offender | 5 | | Report and Recommendation or other criminal risk analysis | 6 | | has not been completed, to identify existing or potential | 7 | | residents at risk of committing violent acts and determine | 8 | | appropriate preventive action to be taken. The assessment | 9 | | shall include, but need not be limited to, (i) a measure of | 10 | | the frequency of, (ii) an identification of the | 11 | | precipitating factors for, and (iii) the consequences of, | 12 | | violent acts. The security and safety assessment shall be | 13 | | in addition to any risk-of-harm assessment performed by a | 14 | | PAS screener, but may use the results of this or any other | 15 | | assessment. The security and safety assessment shall be | 16 | | completed by the same licensed forensic psychologist who | 17 | | prepares Identified Offender Reports and Recommendations | 18 | | for identified offenders. | 19 | | (2) Development of an individualized treatment and | 20 | | behavior management plan for each resident to reduce | 21 | | overall and specific risks. | 22 | | (3) Room selection and appropriateness of roommate | 23 | | assignment. | 24 | | (4) Protection of residents, employees, and members of | 25 | | the public from aggression by residents. | 26 | | (5) Supervision and monitoring. |
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| 1 | | (6) Staffing levels in accordance with subsection (e) | 2 | | of this Section . | 3 | | (7) Quality assurance and improvement. | 4 | | (8) Staff training, conducted during orientation and | 5 | | periodically thereafter, specific to each job description | 6 | | covering the following topics as appropriate: | 7 | | (A) The violence escalation cycle. | 8 | | (B) Violence predicting factors. | 9 | | (C) Obtaining a history from a resident with a | 10 | | history of violent behavior. | 11 | | (D) Verbal and physical techniques to de-escalate | 12 | | and minimize violent behavior. | 13 | | (E) Strategies to avoid physical harm. | 14 | | (F) Containment techniques, as permitted and | 15 | | governed by law. | 16 | | (G) Appropriate treatment to reduce violent | 17 | | behavior. | 18 | | (H) Documenting and reporting incidents of | 19 | | violence. | 20 | | (I) The process whereby employees affected by a | 21 | | violent act may be debriefed or calmed down and the | 22 | | tension of the situation may be reduced. | 23 | | (J) Any resources available to employees for | 24 | | coping with violence. | 25 | | (K) Any other topic deemed appropriate based on job | 26 | | description and the needs of this population. |
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| 1 | | (9) Elimination or reduction of environmental factors | 2 | | that affect resident safety. | 3 | | (10) Periodic independent reassessment of the | 4 | | individual resident for appropriateness of continued | 5 | | placement on the certified unit. For the purposes of this | 6 | | paragraph (10), "independent" means that no professional | 7 | | or financial relationship exists between any person making | 8 | | the assessment and any community provider or long term care | 9 | | facility. | 10 | | (11) A definition of a "person with high risk of | 11 | | aggression". | 12 | | The Department shall develop the administrative rules | 13 | | under this subsection (b) in collaboration with other relevant | 14 | | State agencies and in consultation with (i) advocates for | 15 | | residents, (ii) providers of nursing home services, and (iii) | 16 | | labor and employee-representation organizations. | 17 | | (c) A long term care facility found to be out of compliance | 18 | | with the certification requirements under Section 3-120 may be | 19 | | subject to denial, revocation, or suspension of the behavioral | 20 | | management unit certification or the imposition of sanctions | 21 | | and penalties, including the immediate suspension of new | 22 | | admissions. Hearings shall be conducted pursuant to Part 7 of | 23 | | Article III of this Act. | 24 | | (d) The Department shall establish a certification fee | 25 | | schedule by rule, in consultation with advocates, nursing | 26 | | homes, and representatives of associations representing long |
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| 1 | | term care facilities.
| 2 | | (e) In order to determine the number of nursing personnel | 3 | | needed to staff any facility as defined in Section 1-113 of | 4 | | this Act, the following procedures shall be used: | 5 | | (1) The facility shall determine the number of | 6 | | residents needing (A) skilled, (B) general intermediate, | 7 | | and (C) light intermediate or sheltered care. | 8 | | (2) The number of residents in each of the 3 categories | 9 | | set forth in paragraph (1) of this subsection (e) shall be | 10 | | multiplied by the overall hours of coverage needed each day | 11 | | for each category. | 12 | | (3) The number of hours of care needed for the | 13 | | residents in each of the 3 categories set forth in | 14 | | paragraph (1) of this subsection (e) shall be added to | 15 | | obtain the total hours of care needed by all residents in | 16 | | the facility. | 17 | | (4) The total hours needed each day shall be multiplied | 18 | | by the percentages assigned to each shift to obtain the | 19 | | total minimum hours of care that must be provided on a | 20 | | shift. | 21 | | (5) The total minimum hours of care needed on each | 22 | | shift shall be multiplied by 20% to obtain the minimum | 23 | | amount of registered nurse time that shall be provided | 24 | | during a 24-hour period. | 25 | | If, after demonstrated and document attempts, a nursing | 26 | | facility located outside of a county having a population of |
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| 1 | | 3,000,000 or more is not able to hire the sufficient number of | 2 | | registered nurses to meet the requirements of this subsection | 3 | | (e), then the nursing facility must inform the Department that | 4 | | the nursing facility shall use licensed nurses to meet the | 5 | | mandated nurse coverage until the nursing facility is able to | 6 | | secure the registered nurse personnel. | 7 | | (Source: P.A. 96-1372, eff. 7-29-10.)".
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