Full Text of HB5603 99th General Assembly
HB5603enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Authorized Electronic Monitoring in | 5 | | Long-Term Care Facilities Act is amended by changing Sections | 6 | | 5, 15, 25, 27, and 65 as follows: | 7 | | (210 ILCS 32/5)
| 8 | | Sec. 5. Definitions. As used in this Act:
| 9 | | "Authorized electronic monitoring" means the placement and | 10 | | use of an electronic monitoring device by a resident in his or | 11 | | her room in accordance with this Act. | 12 | | "Department" means the Department of Public Health.
| 13 | | "Electronic monitoring device" means a surveillance | 14 | | instrument with a fixed position video camera or an audio | 15 | | recording device, or a combination thereof, that is installed | 16 | | in a resident's room under the provisions of this Act and | 17 | | broadcasts or records activity or sounds occurring in the room. | 18 | | "Facility" means an intermediate care facility for the | 19 | | developmentally disabled licensed under the ID/DD Community | 20 | | Care Act that has 30 beds or more, a facility licensed under | 21 | | the MC/DD Act a long-term care for under age 22 facility | 22 | | licensed under the ID/DD Community Care Act , or a long-term | 23 | | care facility licensed under the Nursing Home Care Act. |
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| 1 | | "Resident" means a person residing in a facility. | 2 | | "Resident's representative" has the meaning given to that | 3 | | term in (1) Section 1-123 of the Nursing Home Care Act if the | 4 | | resident resides in a facility licensed under the Nursing Home | 5 | | Care Act , or (2) Section 1-123 of the ID/DD Community Care Act | 6 | | if the resident resides in a facility licensed under the ID/DD | 7 | | Community Care Act , or (3) Section 1-123 of the MC/DD Act if | 8 | | the resident resides in a facility licensed under the MC/DD | 9 | | Act .
| 10 | | (Source: P.A. 99-430, eff. 1-1-16 .) | 11 | | (210 ILCS 32/15)
| 12 | | Sec. 15. Consent.
| 13 | | (a) Except as otherwise provided in this subsection, a | 14 | | resident, a resident's plenary guardian of the person, or the | 15 | | parent of a resident under the age of 18 must consent in | 16 | | writing on a notification and consent form prescribed by the | 17 | | Department to the authorized electronic monitoring in the | 18 | | resident's room. If the resident has not affirmatively objected | 19 | | to the authorized electronic monitoring and the resident's | 20 | | physician determines that the resident lacks the ability to | 21 | | understand and appreciate the nature and consequences of | 22 | | electronic monitoring, the following individuals may consent | 23 | | on behalf of the resident, in order of priority: | 24 | | (1) a health care agent named under the Illinois Power | 25 | | of Attorney Act; |
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| 1 | | (2) a resident's representative, as defined in Section | 2 | | 5 of this Act; | 3 | | (3) the resident's spouse; | 4 | | (4) the resident's parent; | 5 | | (5) the resident's adult child who has the written | 6 | | consent of the other adult children of the resident to act | 7 | | as the sole decision maker regarding authorized electronic | 8 | | monitoring; or | 9 | | (6) the resident's adult brother or sister who has the | 10 | | written consent of the other adult siblings of the resident | 11 | | to act as the sole decision maker regarding authorized | 12 | | electronic monitoring. | 13 | | (a-5) Prior to another person, other than a resident's | 14 | | plenary guardian of the person, consenting on behalf of a | 15 | | resident 18 years of age or older in accordance with this | 16 | | Section, the resident must be asked by that person, in the | 17 | | presence of a facility employee, if he or she wants authorized | 18 | | electronic monitoring to be conducted. The person must explain | 19 | | to the resident: | 20 | | (1) the type of electronic monitoring device to be | 21 | | used; | 22 | | (2) the standard conditions that may be placed on the | 23 | | electronic monitoring device's use, including those listed | 24 | | in paragraph (7) of subsection (b) of Section 20; | 25 | | (3) with whom the recording may be shared according to | 26 | | Section 45; and |
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| 1 | | (4) the resident's ability to decline all recording. | 2 | | For the purposes of this subsection, a resident | 3 | | affirmatively objects when he or she orally, visually, or | 4 | | through the use of auxiliary aids or services declines | 5 | | authorized electronic monitoring. The resident's response must | 6 | | be documented on the notification and consent form. | 7 | | (b) A resident or roommate may consent to authorized | 8 | | electronic monitoring with any conditions of the resident's | 9 | | choosing, including, but not limited to, the list of standard | 10 | | conditions provided in paragraph (7) of subsection (b) of | 11 | | Section 20. A resident or roommate may request that the | 12 | | electronic monitoring device be turned off or the visual | 13 | | recording component of the electronic monitoring device be | 14 | | blocked at any time. | 15 | | (c) Prior to the authorized electronic monitoring, a
| 16 | | resident must obtain the written consent of any other resident
| 17 | | residing in the room on the notification and consent form | 18 | | prescribed by the Department. Except as otherwise provided in | 19 | | this subsection, a roommate, a roommate's plenary guardian of | 20 | | the person, or the parent of a roommate under the age of 18 | 21 | | must consent in writing to the authorized electronic monitoring | 22 | | in the resident's room. If the roommate has not affirmatively | 23 | | objected to the authorized electronic monitoring in accordance | 24 | | with subsection (a-5) and the roommate's physician determines | 25 | | that the roommate lacks the ability to understand and | 26 | | appreciate the nature and consequences of electronic |
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| 1 | | monitoring, the following individuals may consent on behalf of | 2 | | the roommate, in order of priority: | 3 | | (1) a health care agent named under the Illinois Power | 4 | | of Attorney Act; | 5 | | (2) a roommate's resident's representative, as defined | 6 | | in Section 5 of this Act; | 7 | | (3) the roommate's spouse; | 8 | | (4) the roommate's parent; | 9 | | (5) the roommate's adult child who has the written | 10 | | consent of the other adult children of the resident to act | 11 | | as the sole decision maker regarding authorized electronic | 12 | | monitoring; or | 13 | | (6) the roommate's adult brother or sister who has the | 14 | | written consent of the other adult siblings of the resident | 15 | | to act as the sole decision maker regarding authorized | 16 | | electronic monitoring. | 17 | | (c-5) Consent by a roommate under subsection (c) authorizes | 18 | | the resident's use of any recording obtained under this Act, as | 19 | | provided in Section 45 of this Act. | 20 | | (c-7) Any resident previously conducting authorized | 21 | | electronic monitoring must obtain consent from any new roommate | 22 | | before the resident may resume authorized electronic | 23 | | monitoring.
If a new roommate does not consent to authorized | 24 | | electronic monitoring and the resident conducting the | 25 | | authorized electronic monitoring does not remove or disable the | 26 | | electronic monitoring device, the facility shall may turn off |
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| 1 | | the device. | 2 | | (d) Consent may be withdrawn by the resident or roommate at | 3 | | any time, and the
withdrawal of consent shall be documented in | 4 | | the resident's
clinical record. If a roommate withdraws consent | 5 | | and the resident
conducting the authorized electronic | 6 | | monitoring does not
remove or disable the electronic monitoring | 7 | | device, the
facility may turn off the electronic monitoring | 8 | | device. | 9 | | (e) If a resident who is residing in a shared room wants to | 10 | | conduct authorized electronic monitoring and another resident | 11 | | living in or moving into the same shared room refuses to | 12 | | consent to the use of an electronic monitoring device, the | 13 | | facility shall make a reasonable attempt to accommodate the | 14 | | resident who wants to conduct authorized electronic | 15 | | monitoring. A facility has met the requirement to make a | 16 | | reasonable attempt to accommodate a resident who wants to | 17 | | conduct authorized electronic monitoring when upon | 18 | | notification that a roommate has not consented to the use of an | 19 | | electronic monitoring device in his or her room, the facility | 20 | | offers to move either resident to another shared room that is | 21 | | available at the time of the request. If a resident chooses to | 22 | | reside in a private room in order to accommodate the use of an | 23 | | electronic monitoring device, the resident must pay the private | 24 | | room rate. If a facility is unable to accommodate a resident | 25 | | due to lack of space, the facility must reevaluate the request | 26 | | every 2 weeks until the request is fulfilled.
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| 1 | | (Source: P.A. 99-430, eff. 1-1-16 .) | 2 | | (210 ILCS 32/25)
| 3 | | Sec. 25. Cost and installation.
| 4 | | (a) A resident choosing to conduct authorized electronic | 5 | | monitoring must do so at his or her own expense, including | 6 | | paying purchase, installation, maintenance, and removal costs. | 7 | | (b) If a resident chooses to install an electronic | 8 | | monitoring device that uses Internet technology for visual or | 9 | | audio monitoring, that resident is responsible for contracting | 10 | | with an Internet service provider. | 11 | | (c) The facility shall make a reasonable attempt to | 12 | | accommodate the resident's installation needs, including, but | 13 | | not limited to, allowing access to the facility's | 14 | | telecommunications or equipment room. A facility has the burden | 15 | | of proving that a requested accommodation is not reasonable. | 16 | | (d) The electronic monitoring device must be placed in a | 17 | | conspicuously visible location in the room. | 18 | | (e) A facility may not charge the resident a fee for the | 19 | | cost of electricity used by an electronic monitoring device. | 20 | | (f) All electronic monitoring device installations and | 21 | | supporting services shall comply with the requirements of the | 22 | | edition of the National Fire Protection Association (NFPA) 101 | 23 | | Life Safety Code in force at the time of installation and shall | 24 | | remain in compliance with that or any subsequent edition of | 25 | | NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code |
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| 1 | | of Federal Regulations National Fire Protection Association | 2 | | (NFPA) 101 Life Safety Code (2000 edition) .
| 3 | | (Source: P.A. 99-430, eff. 1-1-16 .) | 4 | | (210 ILCS 32/27)
| 5 | | Sec. 27. Assistance program. | 6 | | (a) Subject to appropriation, the Department shall | 7 | | establish a program to assist residents receiving medical | 8 | | assistance under Article V of the Illinois Public Aid Code in | 9 | | accessing authorized electronic monitoring.
| 10 | | (b) Subject to appropriation, the The Department shall | 11 | | distribute up to $50,000 in funds on an annual basis to | 12 | | residents receiving medical assistance under Article V of the | 13 | | Illinois Public Aid Code for the purchase and installation of | 14 | | authorized electronic monitoring devices.
| 15 | | (c) Applications for funds and disbursement of funds must | 16 | | be made in a manner prescribed by the Department.
| 17 | | (Source: P.A. 99-430, eff. 1-1-16 .) | 18 | | Section 10. The MC/DD Act is amended by adding Section | 19 | | 2-116 and by changing Section 3-318 as follows: | 20 | | (210 ILCS 46/2-116 new) | 21 | | Sec. 2-116. Authorized electronic monitoring of a
| 22 | | resident's room. A resident shall be permitted to conduct
| 23 | | authorized electronic monitoring of the resident's room
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| 1 | | through the use of electronic monitoring devices placed in the
| 2 | | room pursuant to the Authorized Electronic Monitoring in
| 3 | | Long-Term Care Facilities Act. | 4 | | (210 ILCS 46/3-318)
| 5 | | Sec. 3-318. Business offenses. | 6 | | (a) No person shall: | 7 | | (1) Intentionally fail to correct or interfere with the | 8 | | correction of a Type "AA", Type "A", or Type "B" violation | 9 | | within the time specified on the notice or approved plan of | 10 | | correction under this Act as the maximum period given for | 11 | | correction, unless an extension is granted and the | 12 | | corrections are made before expiration of extension; | 13 | | (2) Intentionally prevent, interfere with, or attempt | 14 | | to impede in any way any duly authorized investigation and | 15 | | enforcement of this Act; | 16 | | (3) Intentionally prevent or attempt to prevent any | 17 | | examination of any relevant books or records pertinent to | 18 | | investigations and enforcement of this Act; | 19 | | (4) Intentionally prevent or interfere with the | 20 | | preservation of evidence pertaining to any violation of | 21 | | this Act or the rules promulgated under this Act; | 22 | | (5) Intentionally retaliate or discriminate against | 23 | | any resident or employee for contacting or providing | 24 | | information to any state official, or for initiating, | 25 | | participating in, or testifying in an action for any remedy |
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| 1 | | authorized under this Act; | 2 | | (6) Willfully file any false, incomplete or | 3 | | intentionally misleading information required to be filed | 4 | | under this Act, or willfully fail or refuse to file any | 5 | | required information; or | 6 | | (7) Open or operate a facility without a license ; or . | 7 | | (8) Intentionally retaliate or discriminate against | 8 | | any resident for consenting to authorized electronic | 9 | | monitoring under the Authorized Electronic Monitoring in | 10 | | Long-Term Care Facilities Act. | 11 | | (9) Prevent the installation or use of an electronic | 12 | | monitoring device by a resident who has provided the | 13 | | facility with notice and consent as required in Section 20 | 14 | | of the Authorized Electronic Monitoring in Long-Term Care | 15 | | Facilities Act. | 16 | | (b) A violation of this Section is a business offense, | 17 | | punishable by a fine not to exceed $10,000, except as otherwise | 18 | | provided in subsection (2) of Section 3-103 as to submission of | 19 | | false or misleading information in a license application. | 20 | | (c) The State's Attorney of the county in which the | 21 | | facility is located, or the Attorney General, shall be notified | 22 | | by the Director of any violations of this Section.
| 23 | | (Source: P.A. 99-180, eff. 7-29-15.) | 24 | | (210 ILCS 32/65)
| 25 | | Sec. 65. Rules. The Department shall adopt rules necessary |
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| 1 | | to administer and enforce any Section of this Act. Rulemaking | 2 | | shall not delay the full implementation of implement this Act.
| 3 | | (Source: P.A. 99-430, eff. 1-1-16 .)
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| 1 | |
INDEX
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Statutes amended in order of appearance
| | 3 | | 210 ILCS 32/5 | | | 4 | | 210 ILCS 32/15 | | | 5 | | 210 ILCS 32/25 | | | 6 | | 210 ILCS 32/27 | | | 7 | | 210 ILCS 46/2-116 new | | | 8 | | 210 ILCS 46/3-318 | |
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