Full Text of SB0798 98th General Assembly
SB0798eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning aging.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program. The purpose of | 8 | | the Long Term Care Ombudsman Program is to ensure that older | 9 | | persons and persons with disabilities receive quality | 10 | | services. This is accomplished by providing advocacy services | 11 | | for residents of long term care facilities and participants | 12 | | receiving home care and community-based care. Managed care is | 13 | | increasingly becoming the vehicle for delivering health and | 14 | | long-term services and supports to seniors and persons with | 15 | | disabilities, including dual eligible participants. The | 16 | | additional ombudsman authority will allow advocacy services to | 17 | | be provided to Illinois participants for the first time and | 18 | | will produce a cost savings for the State of Illinois by | 19 | | supporting the rebalancing efforts of the Patient Protection | 20 | | and Affordable Care Act.
| 21 | | (a) Long Term Care Ombudsman Program. The Department shall
| 22 | | establish a Long Term Care Ombudsman Program, through the | 23 | | Office of State
Long Term Care Ombudsman ("the Office"), in |
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| 1 | | accordance with the provisions of
the Older Americans Act of | 2 | | 1965, as now or hereafter amended. The Long Term Care Ombudsman | 3 | | Program is authorized, subject to sufficient appropriations, | 4 | | to advocate on behalf of older persons and persons with | 5 | | disabilities residing in their own homes or community-based | 6 | | settings, relating to matters which may adversely affect the | 7 | | health, safety, welfare, or rights of such individuals.
| 8 | | (b) Definitions. As used in this Section, unless the | 9 | | context requires
otherwise:
| 10 | | (1) "Access" has the same meaning as in Section 1-104 | 11 | | of the Nursing
Home Care Act, as now or hereafter amended; | 12 | | that is, it means the right to:
| 13 | | (i) Enter any long term care facility or assisted | 14 | | living or shared
housing establishment or supportive | 15 | | living facility;
| 16 | | (ii) Communicate privately and without restriction | 17 | | with any resident, regardless of age,
who consents to | 18 | | the communication;
| 19 | | (iii) Seek consent to communicate privately and | 20 | | without restriction
with any participant or resident, | 21 | | regardless of age;
| 22 | | (iv) Inspect the clinical and other records of a | 23 | | participant or resident, regardless of age, with the
| 24 | | express written consent of the participant or | 25 | | resident;
| 26 | | (v) Observe all areas of the long term care |
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| 1 | | facility or supportive
living facilities, assisted | 2 | | living or shared housing establishment except the
| 3 | | living area of any resident who protests the | 4 | | observation; and
| 5 | | (vi) Subject to permission of the participant or | 6 | | resident requesting services or his or her | 7 | | representative, enter a home or community-based | 8 | | setting.
| 9 | | (2) "Long Term Care Facility" means (i) any facility as | 10 | | defined by Section
1-113 of the Nursing Home Care Act, as | 11 | | now or hereafter amended; and (ii) any
skilled nursing | 12 | | facility or a nursing facility which meets the
requirements | 13 | | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 14 | | (b),
(c), and (d) of the Social Security Act, as now or | 15 | | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 16 | | and 42 U.S.C. 1396r(a), (b), (c), and
(d)); and any | 17 | | facility as defined by Section 1-113 of the MR/DD Community | 18 | | Care Act, as now or hereafter amended.
| 19 | | (2.5) "Assisted living establishment" and "shared | 20 | | housing establishment"
have the meanings given those terms | 21 | | in Section 10 of the Assisted Living and
Shared Housing | 22 | | Act.
| 23 | | (2.7) "Supportive living facility" means a facility | 24 | | established under
Section 5-5.01a of the Illinois Public | 25 | | Aid Code.
| 26 | | (2.8) "Community-based setting" means any place of |
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| 1 | | abode other than an individual's private home.
| 2 | | (3) "State Long Term Care Ombudsman" means any person | 3 | | employed by the
Department to fulfill
the requirements of | 4 | | the Office of State Long Term Care Ombudsman as
required | 5 | | under the Older Americans Act of 1965, as now or hereafter | 6 | | amended,
and Departmental policy.
| 7 | | (3.1) "Ombudsman" means any designated representative | 8 | | of the State Long Term Care Ombudsman Program; provided | 9 | | that the representative, whether he is
paid for or | 10 | | volunteers his ombudsman services, shall be qualified and
| 11 | | designated by the Office to perform the duties of an | 12 | | ombudsman as specified by
the Department in rules and in | 13 | | accordance with the provisions of
the Older Americans Act | 14 | | of 1965, as now or hereafter amended.
| 15 | | (4) "Participant" means an older person aged 60 or over | 16 | | or an adult with a disability aged 18 through 59 who is or | 17 | | persons with disabilities who are eligible for services | 18 | | under any of the following: | 19 | | (i) A medical assistance waiver administered by | 20 | | the State. | 21 | | (ii) A managed care organization providing care | 22 | | coordination and other services to seniors and persons | 23 | | with disabilities. | 24 | | (5) "Resident" means an older person aged 60 or over or | 25 | | an adult with a disability aged 18 through 59 individual | 26 | | who resides in a long-term care facility. |
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| 1 | | (c) Ombudsman; rules. The Office of State Long Term Care | 2 | | Ombudsman shall
be composed of at least one full-time ombudsman | 3 | | and shall include a system of
designated regional long term | 4 | | care ombudsman programs. Each regional program
shall be | 5 | | designated by the State Long Term Care Ombudsman as a | 6 | | subdivision of
the Office and any representative of a regional | 7 | | program shall be treated as a
representative of the Office.
| 8 | | The Department, in consultation with the Office, shall | 9 | | promulgate
administrative rules in accordance with the | 10 | | provisions of the Older Americans
Act of 1965, as now or | 11 | | hereafter amended, to establish the responsibilities of
the | 12 | | Department and the Office of State Long Term Care Ombudsman and | 13 | | the
designated regional Ombudsman programs. The administrative | 14 | | rules shall include
the responsibility of the Office and | 15 | | designated regional programs to
investigate and resolve | 16 | | complaints made by or on behalf of residents of long
term care | 17 | | facilities, supportive living facilities, and assisted living | 18 | | and
shared housing establishments, and participants residing | 19 | | in their own homes or community-based settings, including the | 20 | | option to serve residents and participants under the age of 60, | 21 | | relating to actions, inaction, or
decisions of providers, or | 22 | | their representatives, of such
facilities and establishments, | 23 | | of public agencies, or of social services agencies,
which may | 24 | | adversely affect the health, safety, welfare, or rights of such
| 25 | | residents and participants. The Office and designated regional | 26 | | programs may represent all residents and participants, but are |
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| 1 | | not required by this Act to represent persons under 60 years of | 2 | | age, except to the extent required by federal law.
When | 3 | | necessary and appropriate, representatives of the Office shall | 4 | | refer
complaints to the appropriate regulatory State agency.
| 5 | | The Department, in consultation with the Office, shall | 6 | | cooperate with the
Department of Human Services and other State | 7 | | agencies in providing information and training to
designated | 8 | | regional long term care ombudsman programs about the | 9 | | appropriate
assessment and treatment (including information | 10 | | about appropriate supportive
services, treatment options, and | 11 | | assessment of rehabilitation potential) of the participants | 12 | | they serve. | 13 | | The State Long Term Care Ombudsman and all other ombudsmen, | 14 | | as defined in paragraph (3.1) of subsection (b) must submit to | 15 | | background checks under the Health Care Worker Background Check | 16 | | Act and receive training, as prescribed by the Illinois | 17 | | Department on Aging, before visiting facilities, private | 18 | | homes, or community-based settings. The training must include | 19 | | information specific to assisted living establishments, | 20 | | supportive living facilities, shared housing establishments, | 21 | | private homes, and community-based settings and to the rights | 22 | | of residents and participants guaranteed under the | 23 | | corresponding Acts and administrative rules.
| 24 | | (c-5) Consumer Choice Information Reports. The Office | 25 | | shall: | 26 | | (1) In collaboration with the Attorney General, create |
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| 1 | | a Consumer Choice Information Report form to be completed | 2 | | by all licensed long term care facilities to aid | 3 | | Illinoisans and their families in making informed choices | 4 | | about long term care. The Office shall create a Consumer | 5 | | Choice Information Report for each type of licensed long | 6 | | term care facility. The Office shall collaborate with the | 7 | | Attorney General and the Department of Human Services to | 8 | | create a Consumer Choice Information Report form for | 9 | | facilities licensed under the MR/DD Community Care Act. | 10 | | (2) Develop a database of Consumer Choice Information | 11 | | Reports completed by licensed long term care facilities | 12 | | that includes information in the following consumer | 13 | | categories: | 14 | | (A) Medical Care, Services, and Treatment. | 15 | | (B) Special Services and Amenities. | 16 | | (C) Staffing. | 17 | | (D) Facility Statistics and Resident Demographics. | 18 | | (E) Ownership and Administration. | 19 | | (F) Safety and Security. | 20 | | (G) Meals and Nutrition. | 21 | | (H) Rooms, Furnishings, and Equipment. | 22 | | (I) Family, Volunteer, and Visitation Provisions. | 23 | | (3) Make this information accessible to the public, | 24 | | including on the Internet by means of a hyperlink labeled | 25 | | "Resident's Right to Know" on the Office's World Wide Web | 26 | | home page. Information about facilities licensed under the |
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| 1 | | MR/DD Community Care Act shall be made accessible to the | 2 | | public by the Department of Human Services, including on | 3 | | the Internet by means of a hyperlink labeled "Resident's | 4 | | and Families' Right to Know" on the Department of Human | 5 | | Services' "For Customers" website. | 6 | | (4) Have the authority, with the Attorney General, to | 7 | | verify that information provided by a facility is accurate. | 8 | | (5) Request a new report from any licensed facility | 9 | | whenever it deems necessary.
| 10 | | (6) Include in the Office's Consumer Choice
| 11 | | Information Report for each type of licensed long term care
| 12 | | facility additional information on each licensed long term
| 13 | | care facility in the State of Illinois, including
| 14 | | information regarding each facility's compliance with the
| 15 | | relevant State and federal statutes, rules, and standards;
| 16 | | customer satisfaction surveys; and information generated
| 17 | | from quality measures developed by the Centers for Medicare
| 18 | | and Medicaid Services. | 19 | | (d) Access and visitation rights.
| 20 | | (1) In accordance with subparagraphs (A) and (E) of | 21 | | paragraph (3) of
subsection (c) of Section 1819
and | 22 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 23 | | (c) of Section
1919 of the Social Security Act, as now or | 24 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 25 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 26 | | Older Americans Act of 1965, as now or hereafter
amended |
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| 1 | | (42 U.S.C. 3058f), a long term care facility, supportive | 2 | | living
facility, assisted living
establishment, and shared | 3 | | housing establishment must:
| 4 | | (i) permit immediate access to any resident, | 5 | | regardless of age, by a designated
ombudsman; and
| 6 | | (ii) permit representatives of the Office, with | 7 | | the permission of the
resident's legal representative | 8 | | or legal guardian, to examine a resident's
clinical and | 9 | | other records, regardless of the age of the resident, | 10 | | and if a resident is unable to consent to such
review, | 11 | | and has no legal guardian, permit representatives of | 12 | | the Office
appropriate access, as defined by the | 13 | | Department, in consultation with the
Office, in | 14 | | administrative rules, to the resident's records ; and .
| 15 | | (iii) permit a representative of the Program to | 16 | | communicate privately and without restriction with any | 17 | | participant who consents to the communication | 18 | | regardless of the consent of, or withholding of consent | 19 | | by, a legal guardian or an agent named in a power of | 20 | | attorney executed by the participant.
| 21 | | (2) Each long term care facility, supportive living | 22 | | facility, assisted
living establishment, and
shared | 23 | | housing establishment shall display, in multiple, | 24 | | conspicuous
public places within the facility accessible | 25 | | to both visitors and residents and
in an easily readable | 26 | | format, the address and phone number of the Office of the
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| 1 | | Long Term Care Ombudsman, in a manner prescribed by the | 2 | | Office.
| 3 | | (e) Immunity. An ombudsman or any representative of the | 4 | | Office participating
in the good faith performance of his or | 5 | | her official duties
shall have immunity from any liability | 6 | | (civil, criminal or otherwise) in
any proceedings (civil, | 7 | | criminal or otherwise) brought as a consequence of
the | 8 | | performance of his official duties.
| 9 | | (f) Business offenses.
| 10 | | (1) No person shall:
| 11 | | (i) Intentionally prevent, interfere with, or | 12 | | attempt to impede in any
way any representative of the | 13 | | Office in the performance of his
official
duties under | 14 | | this Act and the Older Americans Act of 1965; or
| 15 | | (ii) Intentionally retaliate, discriminate | 16 | | against, or effect reprisals
against any long term care | 17 | | facility resident or employee for contacting or
| 18 | | providing information to any representative of the | 19 | | Office.
| 20 | | (2) A violation of this Section is a business offense, | 21 | | punishable by a
fine not to exceed $501.
| 22 | | (3) The State Long Term Care Ombudsman Director of | 23 | | Aging, in consultation with the Office, shall
notify the | 24 | | State's Attorney of the
county in which the long term care | 25 | | facility, supportive living facility, or
assisted living | 26 | | or shared housing establishment is located,
or the Attorney |
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| 1 | | General, of any violations of this Section.
| 2 | | (g) Confidentiality of records and identities. The | 3 | | Department shall
establish procedures for the disclosure by the | 4 | | State Ombudsman or the regional
ombudsmen
entities of files | 5 | | maintained by the program. The procedures shall provide that
| 6 | | the files and records may be disclosed only at the discretion | 7 | | of the State Long
Term Care
Ombudsman or the person designated | 8 | | by the State Ombudsman to disclose the files
and records, and | 9 | | the procedures shall prohibit the disclosure of the identity
of | 10 | | any complainant, resident, participant, witness, or employee | 11 | | of a long term care provider
unless:
| 12 | | (1) the complainant, resident, participant, witness, | 13 | | or employee of a long term care
provider or his or her | 14 | | legal representative consents to the disclosure and the
| 15 | | consent is in writing;
| 16 | | (2) the complainant, resident, participant, witness, | 17 | | or employee of a long term care
provider gives consent | 18 | | orally; and the consent is documented contemporaneously
in | 19 | | writing in
accordance with such requirements as the | 20 | | Department shall establish; or
| 21 | | (3) the disclosure is required by court order.
| 22 | | (h) Legal representation. The Attorney General shall
| 23 | | provide legal representation to any representative of the | 24 | | Office
against
whom suit or other legal action is brought in | 25 | | connection with the
performance of the representative's | 26 | | official duties, in accordance with the
State Employee |
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| 1 | | Indemnification Act.
| 2 | | (i) Treatment by prayer and spiritual means. Nothing in | 3 | | this Act shall
be construed to authorize or require the medical | 4 | | supervision, regulation
or control of remedial care or | 5 | | treatment of any resident in a long term
care facility operated | 6 | | exclusively by and for members or adherents of any
church or | 7 | | religious denomination the tenets and practices of which | 8 | | include
reliance solely upon spiritual means through prayer for | 9 | | healing.
| 10 | | (j) The Long Term Care Ombudsman Fund is created as a | 11 | | special fund in the State treasury to receive moneys for the | 12 | | express purposes of this Section. All interest earned on moneys | 13 | | in the fund shall be credited to the fund. Moneys contained in | 14 | | the fund shall be used to support the purposes of this Section. | 15 | | (k) Each Regional Ombudsman may, in accordance with rules | 16 | | promulgated by the Office, establish a multi-disciplinary team | 17 | | to act in an advisory role for the purpose of providing | 18 | | professional knowledge and expertise in handling complex | 19 | | abuse, neglect, and advocacy issues involving participants. | 20 | | Each multi-disciplinary team may consist of one or more | 21 | | volunteer representatives from any combination of at least 7 | 22 | | members from the following professions: banking or finance; | 23 | | disability care; health care; pharmacology; law; law | 24 | | enforcement; emergency responder; mental health care; clergy; | 25 | | coroner or medical examiner; substance abuse; domestic | 26 | | violence; sexual assault; or other related fields. To support |
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| 1 | | multi-disciplinary teams in this role, law enforcement | 2 | | agencies and coroners or medical examiners shall supply records | 3 | | as may be requested in particular cases. The Regional | 4 | | Ombudsman, or his or her designee, of the area in which the | 5 | | multi-disciplinary team is created shall be the facilitator of | 6 | | the multi-disciplinary team. | 7 | | (Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2015.
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