Full Text of SB0261 99th General Assembly
SB0261sam001 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 11/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 261
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 261 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rehabilitation of Persons with | 5 | | Disabilities Act is amended by changing Section 17.1 as | 6 | | follows: | 7 | | (20 ILCS 2405/17.1) | 8 | | Sec. 17.1. Home Care Consumer Bill of Rights. | 9 | | (a) Definitions. As used in this Section: | 10 | | "Home care consumer" or "consumer" means a person aged 60 | 11 | | or older or a person with disabilities aged 18 through 59 who | 12 | | receives services in his or her home or community to promote | 13 | | independence and reduce the necessity for residence in a | 14 | | long-term care facility. These services may include the | 15 | | following: | 16 | | (1) Home care services provided under this Act, the |
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| 1 | | Medicare program under Title XVIII of the Social Security | 2 | | Act, the Medicaid program under Title XIX of the Social | 3 | | Security Act, or any other program funded by public or | 4 | | private moneys. | 5 | | (2) Home care services determined to be appropriate by | 6 | | the Department. | 7 | | "Home Care Consumer Bill of Rights" means, at a minimum, | 8 | | the rights set forth in subsections (b) through (g) and, in | 9 | | addition, any other rights established under subsection (h). | 10 | | "Home care services" or "services" means home and | 11 | | community-based services to promote independence and reduce | 12 | | the necessity for residence in a long-term care facility, | 13 | | including personal care services designed to assist an | 14 | | individual in the activities of daily living such as bathing, | 15 | | exercising, personal grooming, and getting in and out of bed. | 16 | | (b) Home care consumer's right to basic safety. | 17 | | (1) A home care consumer has the right to be protected | 18 | | from physical, sexual, mental, and verbal abuse, neglect, | 19 | | and exploitation, including financial exploitation. | 20 | | (2) A home care consumer has the right to be served by | 21 | | providers who are properly trained and are providing home | 22 | | care services within their scope of practice and the scope | 23 | | of their certification or licensure by the State. | 24 | | (3) A provider of home care services shall maintain the | 25 | | confidentiality of all personal, financial, and medical | 26 | | information of the home care consumers to whom it provides |
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| 1 | | services. | 2 | | (4) A provider of home care services shall respect the | 3 | | personal property of the home care consumers to whom it | 4 | | provides services. If a consumer reports a theft or loss of | 5 | | personal property, the provider shall investigate and | 6 | | shall report back to the consumer the results of the | 7 | | investigation. | 8 | | (c) Home care consumer's right to information. | 9 | | (1) A home care consumer has the right to be informed | 10 | | of the following by a provider of home care services within | 11 | | 2 weeks after starting to receive home care services: | 12 | | (A) His or her rights under this Section. | 13 | | (B) The entities the home care consumer may contact | 14 | | if his or her rights are violated, including the name | 15 | | and contact information for the Department of Human | 16 | | Services and the Department on Aging and other State | 17 | | and local agencies responsible for enforcing the Home | 18 | | Care Consumer Bill of Rights. | 19 | | (2) A home care consumer has the right to: | 20 | | (A) be informed of (i) the cost of home care | 21 | | services prior to receiving those services, (ii) | 22 | | whether the cost of those services is covered under | 23 | | health insurance, long-term care insurance, or other | 24 | | private or public programs, and (iii) any charges the | 25 | | consumer will be expected to pay; and | 26 | | (B) be given advance notice of any changes to those |
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| 1 | | costs or services. | 2 | | (3) A home care consumer has the right to access | 3 | | information about the availability of the home care | 4 | | services provided in his or her community and has the right | 5 | | to choose among home care services and providers of home | 6 | | care services available in that community. | 7 | | (d) Home care consumer's right to choice, participation, | 8 | | and self-determination. | 9 | | (1) A home care consumer has the right to participate | 10 | | in the planning of his or her home care services, including | 11 | | making choices about aspects of his or her care and | 12 | | services that are important to him or her, choosing | 13 | | providers and schedules to the extent practicable, | 14 | | receiving reasonable accommodation of his or her needs and | 15 | | preferences, and involving anyone he or she chooses to | 16 | | participate with him or her in that planning. | 17 | | (2) A home care consumer has the right to be provided | 18 | | with sufficient information to make informed decisions, to | 19 | | be fully informed in advance about any proposed changes in | 20 | | care and services, and to be involved in the | 21 | | decision-making process regarding those changes. | 22 | | (3) A home care consumer may refuse services and has | 23 | | the right to receive an explanation of the consequences of | 24 | | doing so. | 25 | | (4) A home care consumer has the right to choose a | 26 | | provider of his or her choice and shall determine the |
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| 1 | | number of hours worked weekly by his or her provider, | 2 | | subject to the monthly limit of hours in the consumer's | 3 | | service plan. The State of Illinois and its Departments may | 4 | | not limit the number of weekly hours worked by providers of | 5 | | home care services. | 6 | | (e) Home care consumer's right to dignity and | 7 | | individuality. A home care consumer has the right to receive | 8 | | care and services provided in a way that promotes his or her | 9 | | dignity and individuality. | 10 | | (f) Home care consumer's right to redress grievances. | 11 | | (1) A home care consumer has the right to express | 12 | | grievances about the quality of his or her home care | 13 | | services, the number of hours of service, and any | 14 | | violations of his or her rights under this Section. A home | 15 | | care consumer has the right to receive prompt responses to | 16 | | those concerns and to be informed about the
entities the | 17 | | consumer may contact to state those grievances in order to | 18 | | have the grievances addressed in an appropriate and timely | 19 | | manner and without retaliation. | 20 | | (2) A home care consumer has the right to assert his or | 21 | | her rights under this Section without retaliation. | 22 | | (g) Home care consumer's right to fiduciary assistance. A | 23 | | home care consumer has the right to a fiduciary's assistance in | 24 | | securing the consumer's rights under this Section. | 25 | | (h) Other rights. The Home Care Consumer Bill of Rights may | 26 | | include any other rights determined to be appropriate by the |
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| 1 | | Department. | 2 | | (i) The Department of Human Services and the Department on | 3 | | Aging shall develop a plan for enforcing the Home Care Consumer | 4 | | Bill of Rights. In developing the plan, the Departments shall | 5 | | establish and take into account best practices for enforcement | 6 | | of those rights. The Departments shall make those best | 7 | | practices available to the public through their official web | 8 | | sites. The plan shall include a description of how entities | 9 | | with a role in protecting older adults aged 60 or older and | 10 | | persons with disabilities aged 18 through 59, such as home care | 11 | | services licensing agencies, adult protective services | 12 | | agencies, the Office of State Long Term Care Ombudsman, local | 13 | | law enforcement agencies, and other entities determined to be | 14 | | appropriate by the Departments, will coordinate activities to | 15 | | enforce the Home Care Consumer Bill of Rights.
| 16 | | (Source: P.A. 98-935, eff. 8-15-14.)
| 17 | | Section 99. Effective date. This Act takes effect June 1, | 18 | | 2017.".
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