Illinois General Assembly - Full Text of HB1191
Illinois General Assembly

Previous General Assemblies

Full Text of HB1191  98th General Assembly


Sen. William Delgado

Filed: 4/24/2013





09800HB1191sam001LRB098 06199 KTG 44901 a


2    AMENDMENT NO. ______. Amend House Bill 1191 as follows:
3on page 1, line 5, by replacing "Section 4.01" with "Sections
44.01 and 4.04"; and
5on page 8, by inserting immediately below line 1 the following:
6    "(20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
7    Sec. 4.04. Long Term Care Ombudsman Program.
8    (a) Long Term Care Ombudsman Program. The Department shall
9establish a Long Term Care Ombudsman Program, through the
10Office of State Long Term Care Ombudsman ("the Office"), in
11accordance with the provisions of the Older Americans Act of
121965, as now or hereafter amended. The Long Term Care Ombudsman
13Program is also authorized, subject to sufficient
14appropriations, to advocate on behalf of individuals residing
15in their own homes or in community-based settings, relating to



09800HB1191sam001- 2 -LRB098 06199 KTG 44901 a

1matters which may adversely affect the health, safety, welfare,
2or rights of such individuals.
3    (b) Definitions. As used in this Section, unless the
4context requires otherwise:
5        (1) "Access" has the same meaning as in Section 1-104
6    of the Nursing Home Care Act, as now or hereafter amended;
7    that is, it means the right to:
8            (i) Enter any long term care facility or assisted
9        living or shared housing establishment or supportive
10        living facility;
11            (ii) Communicate privately and without restriction
12        with any resident, regardless of age, who consents to
13        the communication;
14            (iii) Seek consent to communicate privately and
15        without restriction with any resident, regardless of
16        age;
17            (iv) Inspect the clinical and other records of a
18        resident, regardless of age, with the express written
19        consent of the resident;
20            (v) Observe all areas of the long term care
21        facility or supportive living facilities, assisted
22        living or shared housing establishment except the
23        living area of any resident who protests the
24        observation; and .
25            (vi) Subject to permission granted by the
26        individual requesting services or his or her



09800HB1191sam001- 3 -LRB098 06199 KTG 44901 a

1        representative, enter a home or community-based
2        setting.
3        (2) "Long Term Care Facility" means (i) any facility as
4    defined by Section 1-113 of the Nursing Home Care Act, as
5    now or hereafter amended; and (ii) any skilled nursing
6    facility or a nursing facility which meets the requirements
7    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
8    (b), (c), and (d) of the Social Security Act, as now or
9    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
10    and 42 U.S.C. 1396r(a), (b), (c), and (d)); and any
11    facility as defined by Section 1-113 of the MR/DD Community
12    Care Act, as now or hereafter amended.
13        (2.5) "Assisted living establishment" and "shared
14    housing establishment" have the meanings given those terms
15    in Section 10 of the Assisted Living and Shared Housing
16    Act.
17        (2.7) "Supportive living facility" means a facility
18    established under Section 5-5.01a of the Illinois Public
19    Aid Code.
20        (2.8) "Community-based setting" means any place of
21    abode other than an individual's private home.
22        (3) "State Long Term Care Ombudsman" means any person
23    employed by the Department to fulfill the requirements of
24    the Office of State Long Term Care Ombudsman as required
25    under the Older Americans Act of 1965, as now or hereafter
26    amended, and Departmental policy.



09800HB1191sam001- 4 -LRB098 06199 KTG 44901 a

1        (3.1) "Ombudsman" means any designated representative
2    of a regional long term care ombudsman program; provided
3    that the representative, whether he is paid for or
4    volunteers his ombudsman services, shall be qualified and
5    designated by the Office to perform the duties of an
6    ombudsman as specified by the Department in rules and in
7    accordance with the provisions of the Older Americans Act
8    of 1965, as now or hereafter amended.
9    (c) Ombudsman; rules. The Office of State Long Term Care
10Ombudsman shall be composed of at least one full-time ombudsman
11and shall include a system of designated regional long term
12care ombudsman programs. Each regional program shall be
13designated by the State Long Term Care Ombudsman as a
14subdivision of the Office and any representative of a regional
15program shall be treated as a representative of the Office.
16    The Department, in consultation with the Office, shall
17promulgate administrative rules in accordance with the
18provisions of the Older Americans Act of 1965, as now or
19hereafter amended, to establish the responsibilities of the
20Department and the Office of State Long Term Care Ombudsman and
21the designated regional Ombudsman programs. The administrative
22rules shall include the responsibility of the Office and
23designated regional programs to investigate and resolve
24complaints made by or on behalf of residents of long term care
25facilities, supportive living facilities, and assisted living
26and shared housing establishments, and individuals residing in



09800HB1191sam001- 5 -LRB098 06199 KTG 44901 a

1their own homes or in community-based settings, including the
2option to serve residents and individuals under the age of 60,
3relating to actions, inaction, or decisions of providers, or
4their representatives, of long term care facilities, of
5supported living facilities, of assisted living and shared
6housing establishments, of public agencies, or of social
7services agencies, which may adversely affect the health,
8safety, welfare, or rights of such residents and individuals.
9The Office and designated regional programs may represent all
10residents and individuals residing in their own homes or
11community-based settings, but are not required by this Act to
12represent persons under 60 years of age, except to the extent
13required by federal law. When necessary and appropriate,
14representatives of the Office shall refer complaints to the
15appropriate regulatory State agency. The Department, in
16consultation with the Office, shall cooperate with the
17Department of Human Services and other State agencies in
18providing information and training to designated regional long
19term care ombudsman programs about the appropriate assessment
20and treatment (including information about appropriate
21supportive services, treatment options, and assessment of
22rehabilitation potential) of the residents they serve,
23including children, persons with mental illness (other than
24Alzheimer's disease and related disorders), and persons with
25developmental disabilities.
26    The State Long Term Care Ombudsman and all other ombudsmen,



09800HB1191sam001- 6 -LRB098 06199 KTG 44901 a

1as defined in paragraph (3.1) of subsection (b) must submit to
2background checks under the Health Care Worker Background Check
3Act and receive training, as prescribed by the Illinois
4Department on Aging, before visiting facilities. The training
5must include information specific to assisted living
6establishments, supportive living facilities, and shared
7housing establishments and to the rights of residents
8guaranteed under the corresponding Acts and administrative
10    (c-5) Consumer Choice Information Reports. The Office
12        (1) In collaboration with the Attorney General, create
13    a Consumer Choice Information Report form to be completed
14    by all licensed long term care facilities to aid
15    Illinoisans and their families in making informed choices
16    about long term care. The Office shall create a Consumer
17    Choice Information Report for each type of licensed long
18    term care facility. The Office shall collaborate with the
19    Attorney General and the Department of Human Services to
20    create a Consumer Choice Information Report form for
21    facilities licensed under the MR/DD Community Care Act.
22        (2) Develop a database of Consumer Choice Information
23    Reports completed by licensed long term care facilities
24    that includes information in the following consumer
25    categories:
26            (A) Medical Care, Services, and Treatment.



09800HB1191sam001- 7 -LRB098 06199 KTG 44901 a

1            (B) Special Services and Amenities.
2            (C) Staffing.
3            (D) Facility Statistics and Resident Demographics.
4            (E) Ownership and Administration.
5            (F) Safety and Security.
6            (G) Meals and Nutrition.
7            (H) Rooms, Furnishings, and Equipment.
8            (I) Family, Volunteer, and Visitation Provisions.
9        (3) Make this information accessible to the public,
10    including on the Internet by means of a hyperlink labeled
11    "Resident's Right to Know" on the Office's World Wide Web
12    home page. Information about facilities licensed under the
13    MR/DD Community Care Act shall be made accessible to the
14    public by the Department of Human Services, including on
15    the Internet by means of a hyperlink labeled "Resident's
16    and Families' Right to Know" on the Department of Human
17    Services' "For Customers" website.
18        (4) Have the authority, with the Attorney General, to
19    verify that information provided by a facility is accurate.
20        (5) Request a new report from any licensed facility
21    whenever it deems necessary.
22        (6) Include in the Office's Consumer Choice
23    Information Report for each type of licensed long term care
24    facility additional information on each licensed long term
25    care facility in the State of Illinois, including
26    information regarding each facility's compliance with the



09800HB1191sam001- 8 -LRB098 06199 KTG 44901 a

1    relevant State and federal statutes, rules, and standards;
2    customer satisfaction surveys; and information generated
3    from quality measures developed by the Centers for Medicare
4    and Medicaid Services.
5    (d) Access and visitation rights.
6        (1) In accordance with subparagraphs (A) and (E) of
7    paragraph (3) of subsection (c) of Section 1819 and
8    subparagraphs (A) and (E) of paragraph (3) of subsection
9    (c) of Section 1919 of the Social Security Act, as now or
10    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
11    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
12    Older Americans Act of 1965, as now or hereafter amended
13    (42 U.S.C. 3058f), a long term care facility, supportive
14    living facility, assisted living establishment, and shared
15    housing establishment must:
16            (i) permit immediate access to any resident,
17        regardless of age, by a designated ombudsman; and
18            (ii) permit representatives of the Office, with
19        the permission of the resident's legal representative
20        or legal guardian, to examine a resident's clinical and
21        other records, regardless of the age of the resident,
22        and if a resident is unable to consent to such review,
23        and has no legal guardian, permit representatives of
24        the Office appropriate access, as defined by the
25        Department, in consultation with the Office, in
26        administrative rules, to the resident's records.



09800HB1191sam001- 9 -LRB098 06199 KTG 44901 a

1        (2) Each long term care facility, supportive living
2    facility, assisted living establishment, and shared
3    housing establishment shall display, in multiple,
4    conspicuous public places within the facility accessible
5    to both visitors and residents and in an easily readable
6    format, the address and phone number of the Office of the
7    Long Term Care Ombudsman, in a manner prescribed by the
8    Office.
9    (e) Immunity. An ombudsman or any representative of the
10Office participating in the good faith performance of his or
11her official duties shall have immunity from any liability
12(civil, criminal or otherwise) in any proceedings (civil,
13criminal or otherwise) brought as a consequence of the
14performance of his official duties.
15    (f) Business offenses.
16        (1) No person shall:
17            (i) Intentionally prevent, interfere with, or
18        attempt to impede in any way any representative of the
19        Office in the performance of his official duties under
20        this Act and the Older Americans Act of 1965; or
21            (ii) Intentionally retaliate, discriminate
22        against, or effect reprisals against any long term care
23        facility resident or employee for contacting or
24        providing information to any representative of the
25        Office.
26        (2) A violation of this Section is a business offense,



09800HB1191sam001- 10 -LRB098 06199 KTG 44901 a

1    punishable by a fine not to exceed $501.
2        (3) The Director of Aging, in consultation with the
3    Office, shall notify the State's Attorney of the county in
4    which the long term care facility, supportive living
5    facility, or assisted living or shared housing
6    establishment is located, or the Attorney General, of any
7    violations of this Section.
8    (g) Confidentiality of records and identities. The
9Department shall establish procedures for the disclosure by the
10State Ombudsman or the regional ombudsmen entities of files
11maintained by the program. The procedures shall provide that
12the files and records may be disclosed only at the discretion
13of the State Long Term Care Ombudsman or the person designated
14by the State Ombudsman to disclose the files and records, and
15the procedures shall prohibit the disclosure of the identity of
16any complainant, resident, individual residing in his or her
17own home or in a community-based setting, witness, or employee
18of a long term care provider unless:
19        (1) the complainant, resident, individual residing in
20    his or her own home or in a community-based setting,
21    witness, or employee of a long term care provider or his or
22    her legal representative consents to the disclosure and the
23    consent is in writing;
24        (2) the complainant, resident, individual residing in
25    his or her own home or in a community-based setting,
26    witness, or employee of a long term care provider gives



09800HB1191sam001- 11 -LRB098 06199 KTG 44901 a

1    consent orally; and the consent is documented
2    contemporaneously in writing in accordance with such
3    requirements as the Department shall establish; or
4        (3) the disclosure is required by court order.
5    (h) Legal representation. The Attorney General shall
6provide legal representation to any representative of the
7Office against whom suit or other legal action is brought in
8connection with the performance of the representative's
9official duties, in accordance with the State Employee
10Indemnification Act.
11    (i) Treatment by prayer and spiritual means. Nothing in
12this Act shall be construed to authorize or require the medical
13supervision, regulation or control of remedial care or
14treatment of any resident in a long term care facility operated
15exclusively by and for members or adherents of any church or
16religious denomination the tenets and practices of which
17include reliance solely upon spiritual means through prayer for
19    (j) The Long Term Care Ombudsman Fund is created as a
20special fund in the State treasury to receive moneys for the
21express purposes of this Section. All interest earned on moneys
22in the fund shall be credited to the fund. Moneys contained in
23the fund shall be used to support the purposes of this Section.
24(Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09;
2596-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)".