Full Text of HB1105 98th General Assembly
HB1105ham001 98TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 3/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 1105
| 2 | | AMENDMENT NO. ______. Amend House Bill 1105 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 | | but only if there is neither a
commercial purpose nor
effect to | 12 | | such access and if the purpose is to do any of the following:
| 13 | | (1) Visit, talk with and make personal, social and | 14 | | legal services
available to all residents;
| 15 | | (2) Inform residents of their rights and entitlements | 16 | | and their
corresponding obligations, under federal and |
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| 1 | | State laws, by means of
educational materials and | 2 | | discussions in groups and with individual
residents;
| 3 | | (3) Assist residents in asserting their legal rights | 4 | | regarding
claims for public assistance, medical assistance | 5 | | and social security
benefits, as well as in all other | 6 | | matters in which residents are
aggrieved. Assistance may | 7 | | include counseling and litigation; or
| 8 | | (4) Engage in other methods of asserting, advising and | 9 | | representing
residents so as to extend to them full | 10 | | enjoyment of their rights. | 11 | | (a-5) If a resident of a licensed facility is an identified | 12 | | offender, any federal, State, or local law enforcement officer | 13 | | or county probation officer shall be permitted reasonable | 14 | | access to the individual resident to verify compliance with the | 15 | | requirements of the Sex Offender Registration Act, to verify | 16 | | compliance with the requirements of Public Act 94-163 and this | 17 | | amendatory Act of the 94th General Assembly, or to verify | 18 | | compliance with applicable terms of probation, parole, | 19 | | aftercare release, or mandatory supervised release.
| 20 | | (b) All persons entering a facility under this Section | 21 | | shall
promptly notify appropriate facility personnel of their | 22 | | presence. They
shall, upon request, produce identification to | 23 | | establish their identity.
No such person shall enter the | 24 | | immediate living area of any resident
without first identifying | 25 | | himself and then receiving permission from the
resident to | 26 | | enter. The rights of other residents present in the room
shall |
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| 1 | | be respected. A resident may terminate at any time a visit by a
| 2 | | person having access to the resident's living area under this | 3 | | Section.
| 4 | | (c) This Section shall not limit the power of the | 5 | | Department or
other public agency , including, but not limited | 6 | | to, the State Long Term Care Ombudsman Program, otherwise | 7 | | permitted or required by law to enter a facility to speak with | 8 | | residents or and
inspect a facility.
| 9 | | (c-1) A State Long Term Care Ombudsman shall be permitted | 10 | | to: | 11 | | (1) communicate privately and without restriction with | 12 | | any resident who consents to the communication; and | 13 | | (2) approach and communicate privately with any | 14 | | resident regardless of the consent of, or withholding of | 15 | | consent by, any health care agent or guardian of the | 16 | | resident. | 17 | | (d) Notwithstanding paragraph (a) of this Section, the | 18 | | administrator
of a facility may refuse access to the facility | 19 | | to any person if the
presence of that person in the facility | 20 | | would be injurious to the health
and safety of a resident or | 21 | | would threaten the security of the property
of a resident or | 22 | | the facility, or if the person seeks access to the
facility for | 23 | | commercial purposes. Any person refused access to a
facility | 24 | | may within 10 days request a hearing under Section 3-703. In
| 25 | | that proceeding, the burden of proof as to the right of the | 26 | | facility to
refuse access under this Section shall be on the |
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| 1 | | facility.
| 2 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2014.".
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