Full Text of HB3392 100th General Assembly
HB3392ham001 100TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/7/2017
| | 10000HB3392ham001 | | LRB100 09446 MJP 21847 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3392
| 2 | | AMENDMENT NO. ______. Amend House Bill 3392 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Assisted Living and Shared Housing Act is | 5 | | amended by changing Sections 10, 15, 75, 80, 90, 95, and 110 as | 6 | | follows: | 7 | | (210 ILCS 9/10) | 8 | | Sec. 10. Definitions. For purposes of this Act: | 9 | | "Activities of daily living" means eating, dressing, | 10 | | bathing, toileting,
transferring, or personal
hygiene. | 11 | | "Assisted living establishment" or "establishment" means a | 12 | | home, building,
residence, or any
other place where sleeping | 13 | | accommodations are provided for at least 3
unrelated adults,
at | 14 | | least 80% of whom are 55 years of age or older and where the | 15 | | following are
provided
consistent with the purposes of this | 16 | | Act: |
| | | 10000HB3392ham001 | - 2 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (1) services consistent with a social model that is | 2 | | based on the premise
that the
resident's unit in assisted | 3 | | living and shared housing is his or her own home; | 4 | | (2) community-based residential care for persons who | 5 | | need assistance with
activities of
daily living, including | 6 | | personal, supportive, and intermittent
health-related | 7 | | services available 24 hours per day, if needed, to meet the
| 8 | | scheduled
and
unscheduled needs of a resident; | 9 | | (3) mandatory services, whether provided directly by | 10 | | the establishment or
by another
entity arranged for by the | 11 | | establishment, with the consent of the resident or
| 12 | | resident's
representative; and | 13 | | (4) a physical environment that is a homelike
setting | 14 | | that
includes the following and such other elements as | 15 | | established by the Department:
individual living units | 16 | | each of which shall accommodate small kitchen
appliances
| 17 | | and contain private bathing, washing, and toilet | 18 | | facilities, or private washing
and
toilet facilities with a | 19 | | common bathing room readily accessible to each
resident.
| 20 | | Units shall be maintained for single occupancy except in | 21 | | cases in which 2
residents
choose to share a unit. | 22 | | Sufficient common space shall exist to permit
individual | 23 | | and
group activities. | 24 | | "Assisted living establishment" or "establishment" does | 25 | | not mean any of the
following: | 26 | | (1) A home, institution, or similar place operated by |
| | | 10000HB3392ham001 | - 3 - | LRB100 09446 MJP 21847 a |
|
| 1 | | the federal
government or the
State of Illinois. | 2 | | (2) A long term care facility licensed under the | 3 | | Nursing Home Care Act, a facility licensed under the | 4 | | Specialized Mental Health Rehabilitation Act of 2013, a | 5 | | facility licensed under the ID/DD Community Care Act, or a | 6 | | facility licensed under the MC/DD Act.
However, a
facility | 7 | | licensed under any of those Acts may convert distinct parts | 8 | | of the facility to assisted
living. If
the facility elects | 9 | | to do so, the facility shall retain the
Certificate of
Need | 10 | | for its nursing and sheltered care beds that were | 11 | | converted. | 12 | | (3) A hospital, sanitarium, or other institution, the | 13 | | principal activity
or business of
which is the diagnosis, | 14 | | care, and treatment of human illness and that is
required | 15 | | to
be licensed under the Hospital Licensing Act. | 16 | | (4) A facility for child care as defined in the Child | 17 | | Care Act of 1969. | 18 | | (5) A community living facility as defined in the | 19 | | Community Living
Facilities
Licensing Act. | 20 | | (6) A nursing home or sanitarium operated solely by and | 21 | | for persons who
rely
exclusively upon treatment by | 22 | | spiritual means through prayer in accordance with
the creed | 23 | | or tenants of a well-recognized church or religious | 24 | | denomination. | 25 | | (7) A facility licensed by the Department of Human | 26 | | Services as a
community-integrated living arrangement as |
| | | 10000HB3392ham001 | - 4 - | LRB100 09446 MJP 21847 a |
|
| 1 | | defined in the Community-Integrated
Living
Arrangements | 2 | | Licensure and Certification Act. | 3 | | (8) A supportive residence licensed under the | 4 | | Supportive Residences
Licensing Act. | 5 | | (9) The portion of a life care facility as defined in | 6 | | the Life Care Facilities Act not licensed as an assisted | 7 | | living establishment under this Act; a
life care facility | 8 | | may
apply under this Act to convert sections of the | 9 | | community to assisted living. | 10 | | (10) A free-standing hospice facility licensed under | 11 | | the Hospice Program
Licensing Act. | 12 | | (11) A shared housing establishment. | 13 | | (12) A supportive living facility as described in | 14 | | Section 5-5.01a of the
Illinois Public Aid
Code. | 15 | | "Department" means the Department of Public Health. | 16 | | "Director" means the Director of Public Health. | 17 | | "Emergency situation" means imminent danger of death or | 18 | | serious physical
harm to a
resident of an establishment. | 19 | | "Involuntary termination of residency" means the full | 20 | | release of any resident from a facility, without the informed | 21 | | consent of the resident, freely given and not coerced. | 22 | | "Involuntary termination of residency" includes an assisted | 23 | | living or shared housing establishment's failure to readmit a | 24 | | resident following hospitalization, other medical leave, or | 25 | | other absence from the establishment. | 26 | | "License" means any of the following types of licenses |
| | | 10000HB3392ham001 | - 5 - | LRB100 09446 MJP 21847 a |
|
| 1 | | issued to an applicant
or licensee by the
Department: | 2 | | (1) "Probationary license" means a license issued to an | 3 | | applicant or
licensee
that has not
held a license under | 4 | | this Act prior to its application or pursuant to a license
| 5 | | transfer in accordance with Section 50 of this Act. | 6 | | (2) "Regular license" means a license issued by the | 7 | | Department to an
applicant or
licensee that is in
| 8 | | substantial compliance with this Act and any rules | 9 | | promulgated
under this Act. | 10 | | "Licensee" means a person, agency, association, | 11 | | corporation, partnership, or
organization that
has been issued | 12 | | a license to operate an assisted living or shared housing
| 13 | | establishment. | 14 | | "Licensed health care professional" means a registered | 15 | | professional nurse,
an advanced practice nurse, a physician | 16 | | assistant, and a licensed practical
nurse. | 17 | | "Mandatory services" include the following: | 18 | | (1) 3 meals per day available to the residents prepared | 19 | | by the
establishment or an
outside contractor; | 20 | | (2) housekeeping services including, but not limited | 21 | | to, vacuuming,
dusting, and
cleaning the resident's unit; | 22 | | (3) personal laundry and linen services available to | 23 | | the residents
provided
or arranged
for by the | 24 | | establishment; | 25 | | (4) security provided 24 hours each day including, but | 26 | | not limited to,
locked entrances
or building or contract |
| | | 10000HB3392ham001 | - 6 - | LRB100 09446 MJP 21847 a |
|
| 1 | | security personnel; | 2 | | (5) an emergency communication response system, which | 3 | | is a procedure in
place 24
hours each day by which a | 4 | | resident can notify building management, an emergency
| 5 | | response vendor, or others able to respond to his or her | 6 | | need for assistance;
and | 7 | | (6) assistance with activities of daily living as | 8 | | required by each
resident. | 9 | | "Negotiated risk" is the process by which a resident, or | 10 | | his or her
representative,
may formally
negotiate with | 11 | | providers what risks each are willing and unwilling to assume | 12 | | in
service provision
and the resident's living environment. The | 13 | | provider assures that the resident
and the
resident's | 14 | | representative, if any, are informed of the risks of these | 15 | | decisions
and of
the potential
consequences of assuming these | 16 | | risks. | 17 | | "Owner" means the individual, partnership, corporation, | 18 | | association, or other
person who owns
an assisted living or | 19 | | shared housing establishment. In the event an assisted
living | 20 | | or shared
housing establishment is operated by a person who | 21 | | leases or manages the
physical plant, which is
owned by another | 22 | | person, "owner" means the person who operates the assisted
| 23 | | living or shared
housing establishment, except that if the | 24 | | person who owns the physical plant is
an affiliate of the
| 25 | | person who operates the assisted living or shared housing | 26 | | establishment and has
significant
control over the day to day |
| | | 10000HB3392ham001 | - 7 - | LRB100 09446 MJP 21847 a |
|
| 1 | | operations of the assisted living or shared housing
| 2 | | establishment, the
person who owns the physical plant shall | 3 | | incur jointly and severally with the
owner all liabilities
| 4 | | imposed on an owner under this Act. | 5 | | "Physician" means a person licensed
under the Medical | 6 | | Practice Act of 1987
to practice medicine in all of its
| 7 | | branches. | 8 | | "Resident" means a person residing in an assisted living or | 9 | | shared housing
establishment. | 10 | | "Resident's representative" means a person, other than the | 11 | | owner, agent, or
employee of an
establishment or of the health | 12 | | care provider unless related to the resident,
designated in | 13 | | writing by a
resident or a court to be his or her
| 14 | | representative. This designation may be accomplished through | 15 | | the Illinois
Power of Attorney Act, pursuant to the | 16 | | guardianship process under the Probate
Act of 1975, or pursuant | 17 | | to an executed designation of representative form
specified by | 18 | | the Department. | 19 | | "Self" means the individual or the individual's designated | 20 | | representative. | 21 | | "Shared housing establishment" or "establishment" means a | 22 | | publicly or
privately operated free-standing
residence for 16 | 23 | | or fewer persons, at least 80% of whom are 55
years of age or | 24 | | older
and who are unrelated to the owners and one manager of | 25 | | the residence, where
the following are provided: | 26 | | (1) services consistent with a social model that is |
| | | 10000HB3392ham001 | - 8 - | LRB100 09446 MJP 21847 a |
|
| 1 | | based on the premise
that the resident's unit is his or her | 2 | | own home; | 3 | | (2) community-based residential care for persons who | 4 | | need assistance with
activities of daily living, including | 5 | | housing and personal, supportive, and
intermittent | 6 | | health-related services available 24 hours per day, if | 7 | | needed, to
meet the scheduled and unscheduled needs of a | 8 | | resident; and | 9 | | (3) mandatory services, whether provided directly by | 10 | | the establishment or
by another entity arranged for by the | 11 | | establishment, with the consent of the
resident or the | 12 | | resident's representative. | 13 | | "Shared housing establishment" or "establishment" does not | 14 | | mean any of the
following: | 15 | | (1) A home, institution, or similar place operated by | 16 | | the federal
government or the State of Illinois. | 17 | | (2) A long term care facility licensed under the | 18 | | Nursing Home Care Act, a facility licensed under the | 19 | | Specialized Mental Health Rehabilitation Act of 2013, a | 20 | | facility licensed under the ID/DD Community Care Act, or a | 21 | | facility licensed under the MC/DD Act.
A facility licensed | 22 | | under any of those Acts may, however, convert sections of | 23 | | the facility to
assisted living. If the facility elects to | 24 | | do so, the facility
shall retain the Certificate of Need | 25 | | for its nursing beds that were
converted. | 26 | | (3) A hospital, sanitarium, or other institution, the |
| | | 10000HB3392ham001 | - 9 - | LRB100 09446 MJP 21847 a |
|
| 1 | | principal activity
or business of which is the diagnosis, | 2 | | care, and treatment of human illness and
that is required | 3 | | to be licensed under the Hospital Licensing Act. | 4 | | (4) A facility for child care as defined in the Child | 5 | | Care Act of 1969. | 6 | | (5) A community living facility as defined in the | 7 | | Community Living
Facilities Licensing Act. | 8 | | (6) A nursing home or sanitarium operated solely by and | 9 | | for persons who
rely exclusively upon treatment by | 10 | | spiritual means through prayer in accordance
with the creed | 11 | | or tenants of a well-recognized church or religious
| 12 | | denomination. | 13 | | (7) A facility licensed by the Department of Human | 14 | | Services as a
community-integrated
living arrangement as | 15 | | defined in the Community-Integrated
Living Arrangements | 16 | | Licensure and Certification Act. | 17 | | (8) A supportive residence licensed under the | 18 | | Supportive Residences
Licensing Act. | 19 | | (9) A life care facility as defined in the Life Care | 20 | | Facilities Act; a
life care facility may apply under this | 21 | | Act to convert sections of the
community to assisted | 22 | | living. | 23 | | (10) A free-standing hospice facility licensed under | 24 | | the Hospice Program
Licensing Act. | 25 | | (11) An assisted living establishment. | 26 | | (12) A supportive living facility as described in |
| | | 10000HB3392ham001 | - 10 - | LRB100 09446 MJP 21847 a |
|
| 1 | | Section 5-5.01a of the
Illinois Public Aid Code. | 2 | | "Total assistance" means that staff or another individual | 3 | | performs the entire
activity of daily
living without | 4 | | participation by the resident. | 5 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
| 6 | | (210 ILCS 9/15)
| 7 | | Sec. 15. Assessment and service plan requirements. Prior to | 8 | | admission
to any establishment
covered by this Act, a | 9 | | comprehensive assessment that includes an evaluation of
the | 10 | | prospective
resident's physical, cognitive, and psychosocial | 11 | | condition shall be completed.
At least annually,
a | 12 | | comprehensive assessment shall be completed, and upon | 13 | | identification of a
significant change
in the resident's | 14 | | condition, including, but not limited to, a diagnosis of | 15 | | Alzheimer's disease or a related dementia, the resident shall | 16 | | be reassessed.
The Department may by rule specify circumstances | 17 | | under which more frequent
assessments of skin integrity and | 18 | | nutritional status shall be required.
The
comprehensive | 19 | | assessment shall be completed by a physician. Based on the
| 20 | | assessment, the resident's interests and preferences, | 21 | | dislikes, and any known triggers for behavior that endangers | 22 | | the resident or others, a written
service plan shall be
| 23 | | developed and mutually agreed upon by the provider , and the | 24 | | resident , and the resident's representative, if any . The
| 25 | | service plan, which
shall be reviewed annually, or more often |
| | | 10000HB3392ham001 | - 11 - | LRB100 09446 MJP 21847 a |
|
| 1 | | as the resident's condition,
preferences, or service needs
| 2 | | change, shall serve as a basis for the service delivery | 3 | | contract between the
provider and the
resident. The resident | 4 | | and the resident's representative, if any, shall be given a | 5 | | copy of the most recent assessment; supplemental assessment, if | 6 | | any, done by the establishment; and service plan. Based on the | 7 | | assessment, the service plan may provide for the
disconnection | 8 | | or
removal of any appliance.
| 9 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 10 | | (210 ILCS 9/75)
| 11 | | Sec. 75. Residency Requirements.
| 12 | | (a) No individual shall be accepted for residency or remain | 13 | | in residence if
the
establishment cannot provide or secure | 14 | | appropriate
services, if the individual
requires a level of | 15 | | service or type of service for which the establishment is
not | 16 | | licensed or
which the establishment does not provide, or if the | 17 | | establishment does not have
the staff
appropriate in numbers | 18 | | and with appropriate skill to provide such services.
| 19 | | (b) Only adults may be accepted for residency.
| 20 | | (c) A person shall not be accepted for residency if:
| 21 | | (1) the person poses a serious threat to himself or | 22 | | herself or to others;
| 23 | | (2) the person is not able to communicate his or her | 24 | | needs and no
resident representative
residing in the | 25 | | establishment, and with a prior relationship to the person,
|
| | | 10000HB3392ham001 | - 12 - | LRB100 09446 MJP 21847 a |
|
| 1 | | has been appointed to direct the provision of
services;
| 2 | | (3) the person requires total assistance with 2 or more | 3 | | activities of
daily
living;
| 4 | | (4) the person requires the assistance of more than one | 5 | | paid caregiver at
any given time
with an activity of daily | 6 | | living;
| 7 | | (5) the person requires more than minimal assistance in | 8 | | moving to a safe
area in an
emergency;
| 9 | | (6) the person has a severe mental illness, which for | 10 | | the purposes of
this Section
means a condition that is | 11 | | characterized by the presence of a major mental
disorder
as | 12 | | classified in the Diagnostic and Statistical Manual of | 13 | | Mental Disorders,
Fourth
Edition (DSM-IV) (American | 14 | | Psychiatric Association, 1994), where the individual
is a | 15 | | person with a substantial disability due to mental illness | 16 | | in the areas of
self-maintenance,
social functioning, | 17 | | activities of community living and work skills, and the
| 18 | | disability
specified is expected to be present for a period | 19 | | of not less than one year, but
does not
mean Alzheimer's | 20 | | disease and other forms of dementia based on organic or
| 21 | | physical disorders;
| 22 | | (7) the person requires intravenous therapy or | 23 | | intravenous feedings
unless self-administered or | 24 | | administered by a qualified, licensed health care
| 25 | | professional;
| 26 | | (8) the person requires gastrostomy feedings unless |
| | | 10000HB3392ham001 | - 13 - | LRB100 09446 MJP 21847 a |
|
| 1 | | self-administered or
administered
by a licensed health | 2 | | care professional;
| 3 | | (9) the person requires insertion, sterile irrigation, | 4 | | and replacement of
catheter, except
for routine | 5 | | maintenance of urinary catheters, unless the catheter care | 6 | | is
self-administered or administered by a licensed health | 7 | | care professional;
| 8 | | (10) the person requires sterile wound care unless care | 9 | | is
self-administered or
administered by a licensed health | 10 | | care professional;
| 11 | | (11) the person requires sliding scale insulin | 12 | | administration unless
self-performed or
administered by a | 13 | | licensed health care professional;
| 14 | | (12) the person is a diabetic requiring routine insulin | 15 | | injections unless
the injections
are self-administered or | 16 | | administered by a licensed health care professional;
| 17 | | (13) the person requires treatment of stage 3 or stage | 18 | | 4 decubitus ulcers
or exfoliative
dermatitis;
| 19 | | (14) the person requires 5 or more skilled nursing | 20 | | visits per week for
conditions other
than those listed in | 21 | | items (13) and (15) of this subsection for a
period of 3
| 22 | | consecutive weeks or more except when the course of | 23 | | treatment is expected to
extend beyond a 3 week period for | 24 | | rehabilitative purposes and is certified as
temporary by a | 25 | | physician; or
| 26 | | (15) other reasons prescribed by the Department by |
| | | 10000HB3392ham001 | - 14 - | LRB100 09446 MJP 21847 a |
|
| 1 | | rule.
| 2 | | (d) A resident with a condition listed in items (1) through | 3 | | (15) of
subsection (c) shall have
his or her residency | 4 | | terminated.
| 5 | | (e) Residency shall be terminated when services available | 6 | | to the resident
in
the establishment
are no longer adequate to | 7 | | meet the needs of the resident. The establishment shall notify | 8 | | the resident and the resident's representative, if any, when | 9 | | there is a significant change in the resident's condition that | 10 | | affects the establishment's ability to meet the resident's | 11 | | needs. The requirements of subsection (c) of Section 80 shall | 12 | | then apply. This provision shall
not
be interpreted as
limiting | 13 | | the authority of the Department to require the residency | 14 | | termination
of individuals.
| 15 | | (f) Subsection (d) of this Section shall not apply to
| 16 | | terminally
ill residents who
receive or would qualify for | 17 | | hospice care and such care is coordinated by
a hospice program | 18 | | licensed
under the Hospice
Program
Licensing Act or other | 19 | | licensed health care professional employed by a
licensed home | 20 | | health
agency and the establishment and all parties agree to | 21 | | the continued residency.
| 22 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 23 | | not apply to
a quadriplegic, paraplegic, or
individual with | 24 | | neuro-muscular diseases, such as muscular dystrophy and
| 25 | | multiple
sclerosis, or other chronic diseases and conditions as | 26 | | defined by rule if the
individual is able
to communicate his or |
| | | 10000HB3392ham001 | - 15 - | LRB100 09446 MJP 21847 a |
|
| 1 | | her needs and does not require assistance with complex
medical
| 2 | | problems, and the establishment is able to accommodate the | 3 | | individual's needs.
The Department shall prescribe rules | 4 | | pursuant to this Section that address
special safety and | 5 | | service needs of these individuals.
| 6 | | (h) For the purposes of items (7) through (10) of | 7 | | subsection (c), a
licensed health care professional may not
be | 8 | | employed by the owner or operator of the establishment, its | 9 | | parent entity,
or any other entity with ownership common to | 10 | | either the owner or operator of
the establishment or parent | 11 | | entity, including but not limited to an affiliate
of the owner | 12 | | or operator of the establishment. Nothing in this Section is
| 13 | | meant to limit a resident's right to
choose his or her health | 14 | | care provider.
| 15 | | (i) Subsection (h) is not applicable to residents admitted | 16 | | to an assisted living establishment under a life care contract | 17 | | as defined in the Life Care Facilities Act if the life care | 18 | | facility has both an assisted living establishment and a | 19 | | skilled nursing facility. A licensed health care professional | 20 | | providing health-related or supportive services at a life care | 21 | | assisted living or shared housing establishment must be | 22 | | employed by an entity licensed by the Department under the | 23 | | Nursing Home Care Act or the Home Health, Home Services, and | 24 | | Home Nursing Agency Licensing Act.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| | | 10000HB3392ham001 | - 16 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (210 ILCS 9/80)
| 2 | | Sec. 80. Involuntary termination of residency.
| 3 | | (a) Residency shall be involuntarily terminated only
for | 4 | | the following reasons:
| 5 | | (1) as provided in Section 75 of this Act;
| 6 | | (2) nonpayment of contracted charges after the | 7 | | resident and the
resident's
representative have received a | 8 | | minimum of 30 days' 30-days written notice of the
| 9 | | delinquency and the resident or the resident's | 10 | | representative has had at least
15 days
to cure the | 11 | | delinquency; or
| 12 | | (3) failure to execute a service delivery contract or | 13 | | to substantially
comply with its
terms and conditions, | 14 | | failure to comply with the assessment requirements
| 15 | | contained in Section 15,
or failure to substantially comply | 16 | | with the terms and
conditions of the lease agreement.
| 17 | | (b) A 30-day 30 day written notice of residency termination | 18 | | shall be provided to
the resident, the resident's | 19 | | representative, or both, the Department, and the long term care
| 20 | | ombudsman, which shall include the reason for the pending | 21 | | action, the date of
the proposed move, and a notice,
the | 22 | | content and form to be set forth by rule, of the resident's | 23 | | right to
appeal, the steps that the resident or the resident's | 24 | | representative must take
to
initiate an appeal, and a statement | 25 | | of the resident's right to continue to
reside in the | 26 | | establishment until a decision is rendered. The notice shall
|
| | | 10000HB3392ham001 | - 17 - | LRB100 09446 MJP 21847 a |
|
| 1 | | include a toll free telephone number to initiate an appeal and | 2 | | a written
hearing request form, together with a postage paid, | 3 | | pre-addressed envelope to
the Department. If the resident or | 4 | | the resident's representative, if any,
cannot read English, the | 5 | | notice must be provided in a language the individual
receiving | 6 | | the notice can read or the establishment must provide a | 7 | | translator
who
has been trained to assist the resident or the | 8 | | resident's representative in the
appeal process. In emergency | 9 | | situations as defined in Section 10 of this Act,
the 30-day | 10 | | provision of the written notice may be waived.
| 11 | | (b-5) If an establishment initiates a termination of | 12 | | residency due to an emergency situation, then the resident and | 13 | | resident's representative, if any, the Department, and the | 14 | | Office of State Long Term Care Ombudsman, shall be provided | 15 | | with a written notice of residency termination, in a form to be | 16 | | specified by the Department, containing all of the information | 17 | | specified in subsection (b) prior to the establishment | 18 | | initiating a termination of residency. | 19 | | (c) The establishment shall attempt to resolve with the | 20 | | resident or the
resident's representative, if any, | 21 | | circumstances that if not remedied have the
potential of | 22 | | resulting in an involuntary termination of residency and shall
| 23 | | document those efforts in the resident's file. This action may | 24 | | occur prior to
or during the 30 day notice period, but must
| 25 | | occur prior to the termination of the residency. In emergency | 26 | | situations as
defined in Section 10 of this Act, the
|
| | | 10000HB3392ham001 | - 18 - | LRB100 09446 MJP 21847 a |
|
| 1 | | requirements of this subsection may be waived.
| 2 | | (d) A request for a hearing shall stay an involuntary | 3 | | termination of
residency until a decision has been rendered by | 4 | | the Department, according to a
process adopted by rule. During | 5 | | this time period, the establishment may not
terminate or reduce | 6 | | any service without the consent of the resident or the | 7 | | resident's representative, if any for the purpose of making it | 8 | | more difficult or
impossible for the resident to remain in the | 9 | | establishment .
| 10 | | (e) The establishment shall offer the resident and the | 11 | | resident's
representative, if any, residency termination and | 12 | | relocation assistance
including information on available | 13 | | alternative placement. Residents , and the residents' | 14 | | representatives, if any, shall be
involved in planning the move | 15 | | and shall choose among the available alternative
placements | 16 | | except when an emergency situation makes prior resident | 17 | | involvement
impossible. Emergency placements are deemed | 18 | | temporary until the resident's
input can be sought in the final | 19 | | placement decision. No resident shall be
forced to remain in a | 20 | | temporary or permanent placement.
| 21 | | (f) The Department shall may offer assistance to the | 22 | | establishment and the
resident in the preparation of residency | 23 | | termination and relocation plans to
assure safe and orderly | 24 | | transition and to protect the resident's health,
safety, | 25 | | welfare, and rights. In nonemergencies, and where possible in
| 26 | | emergencies, the transition plan shall be designed and |
| | | 10000HB3392ham001 | - 19 - | LRB100 09446 MJP 21847 a |
|
| 1 | | implemented in advance
of transfer or residency termination.
| 2 | | (g) An establishment may not initiate a termination of | 3 | | residency due to an emergency situation if (1) a resident has | 4 | | been hospitalized and the resident's physician states that | 5 | | returning to the establishment would not create an imminent | 6 | | danger of death or serious physical harm to a resident; or (2) | 7 | | the emergency can be negated by changes in staffing, | 8 | | activities, health care, personal care, or rooming | 9 | | accommodations, consistent with the license of the | 10 | | establishment. The Department may not find an establishment to | 11 | | be in violation of Section 75 of this Act for failing to | 12 | | initiate an emergency discharge in these circumstances. | 13 | | (h) If the Department determines that an involuntary | 14 | | termination of residency does not meet the requirements of this | 15 | | Act, the Department shall issue a written decision stating that | 16 | | the involuntary termination of residency is denied. If the | 17 | | action of the establishment giving rise to the request for | 18 | | hearings is the establishment's failure to readmit the resident | 19 | | following hospitalization, other medical leave of absence, or | 20 | | other absence, the Department shall order the immediate | 21 | | readmission of the resident to the establishment. | 22 | | (i) If an order to readmit is entered pursuant to | 23 | | subsection (h), the establishment shall immediately comply. A | 24 | | surveyor shall make an on-site inspection of the | 25 | | establishment's compliance with the order within 3 days of the | 26 | | order's entry, unless the resident notifies the Department in |
| | | 10000HB3392ham001 | - 20 - | LRB100 09446 MJP 21847 a |
|
| 1 | | writing that there is compliance. As used in this subsection, | 2 | | "compliance" means the resident is living in the establishment | 3 | | or the establishment and the resident have agreed on a schedule | 4 | | for readmission. If the resident or resident's representative | 5 | | notifies the Department that the establishment is not complying | 6 | | with an agreed-upon schedule, or that the establishment is not | 7 | | complying with the representation described in subsection (k), | 8 | | a surveyor shall make an on-site inspection to determine | 9 | | compliance within 3 days of the notification. | 10 | | (j) An establishment that does not readmit a resident after | 11 | | the Department has ordered readmission shall be assessed a | 12 | | daily fine of $250, beginning on the day of the surveyor's | 13 | | inspection. The fine shall be imposed for every day thereafter, | 14 | | until the establishment notifies the Department that it is in | 15 | | compliance with the order and a surveyor makes an on-site | 16 | | inspection to determine if there is compliance or the resident | 17 | | confirms to the Department that there is compliance, as defined | 18 | | in subsection (i) of this Section. The on-site inspection shall | 19 | | be made within 3 days of the notification by the establishment. | 20 | | (k) Once a notice of appeal is filed, the Department shall | 21 | | hold a hearing unless the notice of appeal is withdrawn. If the | 22 | | notice of appeal is withdrawn based upon a representation made | 23 | | by the establishment to the resident and the Department, | 24 | | including the hearing officer, that a resident who has been | 25 | | previously denied readmission will be readmitted, failure to | 26 | | comply with the representation shall be considered a failure to |
| | | 10000HB3392ham001 | - 21 - | LRB100 09446 MJP 21847 a |
|
| 1 | | comply with a Department order pursuant to subsection (h) and | 2 | | shall result in the imposition of a daily fine as provided in | 3 | | subsection (j) of this Section. | 4 | | (l) In addition to any other penalty, an establishment that | 5 | | has improperly terminated the residency of a resident shall be | 6 | | assessed no less than a Type 1 violation. The establishment | 7 | | shall be required to submit an acceptable plan of correction to | 8 | | the Department within 30 days after the violation is affirmed. | 9 | | As used in this subsection, "improperly terminated that | 10 | | residency" does not include issuing a notice of residency | 11 | | termination that the Department finds does not meet the | 12 | | statutory requirements for termination of residency if the | 13 | | establishment complied with the procedural requirements of | 14 | | this Act. | 15 | | (m) A long term care ombudsman may request a hearing on | 16 | | behalf of a resident and secure representation of a resident | 17 | | if, in the judgment of the long term care ombudsman, doing so | 18 | | is in the best interests of the resident and the resident does | 19 | | not object. | 20 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 21 | | (210 ILCS 9/90)
| 22 | | Sec. 90. Contents of service delivery contract. A contract | 23 | | between an
establishment and a resident must be entitled | 24 | | "assisted living
establishment
contract" or "shared housing | 25 | | establishment contract" as applicable, shall be
printed in no |
| | | 10000HB3392ham001 | - 22 - | LRB100 09446 MJP 21847 a |
|
| 1 | | less
than 12 point type, and shall include at least the | 2 | | following elements in the
body or through
supporting documents | 3 | | or attachments:
| 4 | | (1) the name, street address, and mailing address of | 5 | | the establishment;
| 6 | | (2) the name and mailing address of the owner or owners | 7 | | of the
establishment and, if
the owner or owners are not | 8 | | natural persons, the type of business entity of the
owner
| 9 | | or owners;
| 10 | | (3) the name and mailing address of the managing agent | 11 | | of the
establishment, whether
hired under a management | 12 | | agreement or lease agreement, if the managing agent is
| 13 | | different from the owner or owners;
| 14 | | (4) the name and address of at least one natural person | 15 | | who is authorized
to accept
service on behalf of the owners | 16 | | and managing agent;
| 17 | | (5) a statement describing the license status of the | 18 | | establishment and the
license status
of all providers of | 19 | | health-related or supportive services to a resident under
| 20 | | arrangement with the establishment;
| 21 | | (6) the duration of the contract;
| 22 | | (7) the base rate to be paid by the resident and a | 23 | | description of the
services to be
provided as part of this | 24 | | rate;
| 25 | | (8) a description of any additional services to be | 26 | | provided for an
additional fee by the
establishment |
| | | 10000HB3392ham001 | - 23 - | LRB100 09446 MJP 21847 a |
|
| 1 | | directly or by a third party provider under arrangement | 2 | | with the
establishment;
| 3 | | (9) the fee schedules outlining the cost of any | 4 | | additional services;
| 5 | | (10) a description of the process through which the | 6 | | contract may be
modified, amended,
or terminated;
| 7 | | (11) a description of the establishment's complaint | 8 | | resolution process
available to
residents and notice of the | 9 | | availability of the Department on Aging's Senior
Helpline
| 10 | | for
complaints;
| 11 | | (12) the name of the resident's designated | 12 | | representative, if any;
| 13 | | (13) the resident's obligations in order to maintain | 14 | | residency and
receive
services including compliance with | 15 | | all assessments required under Section 15;
| 16 | | (14) the billing and payment procedures and | 17 | | requirements;
| 18 | | (15) a statement affirming the resident's freedom to | 19 | | receive services from
service
providers with whom the | 20 | | establishment does not have a contractual arrangement,
| 21 | | which may also disclaim liability on the part of the
| 22 | | establishment for those services;
| 23 | | (16) a statement that medical assistance under Article | 24 | | V or Article VI of
the Illinois
Public Aid Code is not | 25 | | available for payment for services provided in an
| 26 | | establishment, excluding contracts executed with residents |
| | | 10000HB3392ham001 | - 24 - | LRB100 09446 MJP 21847 a |
|
| 1 | | residing in licensed establishments participating in the | 2 | | Department on Aging's Comprehensive Care in Residential | 3 | | Settings Demonstration Project;
| 4 | | (17) a statement detailing the admission, risk | 5 | | management, and residency
termination
criteria and | 6 | | procedures;
| 7 | | (18) a written explanation, prepared by the Office of | 8 | | State Long Term Care Ombudsman, of statement listing the | 9 | | rights specified in Sections 80 and Section 95 , including | 10 | | an acknowledgement by the establishment and
acknowledging | 11 | | that, by contracting with the assisted
living or shared
| 12 | | housing establishment, the resident does not forfeit those | 13 | | rights;
| 14 | | (19) a statement detailing the Department's annual | 15 | | on-site review process
including
what documents contained | 16 | | in a resident's personal file shall be reviewed by
the | 17 | | on-site reviewer as defined by rule; and | 18 | | (20) a statement outlining whether the establishment | 19 | | charges a community fee and, if so, the amount of the fee | 20 | | and whether it is refundable; if the fee is refundable, the | 21 | | contract must describe the conditions under which it is | 22 | | refundable and how the amount of the refund is determined ; | 23 | | and . | 24 | | (21) educational material from the Office of State Long | 25 | | Term Care Ombudsman, written in consultation with a State | 26 | | association dedicated to Alzheimer's care, support, and |
| | | 10000HB3392ham001 | - 25 - | LRB100 09446 MJP 21847 a |
|
| 1 | | research with information on Alzheimer's disease and | 2 | | dementia for residents who have been diagnosed with a | 3 | | dementia, including signs and symptoms, stages, and | 4 | | behaviors, and on a statewide helpline with resources for | 5 | | those affected by Alzheimer's and other dementia operated | 6 | | by a State association dedicated to Alzheimer's care, | 7 | | support, and research; receipt of these educational | 8 | | materials shall require signatures of acknowledgement of | 9 | | receipt by a representative of the establishment, the | 10 | | resident, and the resident's representative, if any.
| 11 | | (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
| 12 | | (210 ILCS 9/95)
| 13 | | Sec. 95. Resident rights. No resident shall be deprived of | 14 | | any rights,
benefits, or privileges guaranteed by law, the | 15 | | Constitution of the State of
Illinois, or the Constitution of | 16 | | the United States solely on account of his or
her status as a | 17 | | resident of an establishment, nor shall a resident forfeit any
| 18 | | of the following rights:
| 19 | | (1) the right to retain and use personal property and a | 20 | | place to store
personal
items that is locked and secure;
| 21 | | (2) the right to refuse services and to be advised of | 22 | | the consequences
of
that
refusal;
| 23 | | (3) the right to respect for bodily privacy and dignity | 24 | | at all times,
especially
during care and treatment;
| 25 | | (4) the right to the free exercise of religion;
|
| | | 10000HB3392ham001 | - 26 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (5) the right to privacy with regard to mail, phone | 2 | | calls, and visitors;
| 3 | | (6) the right to uncensored access to the State | 4 | | Ombudsman or his or her
designee;
| 5 | | (7) the right to be free of retaliation for criticizing | 6 | | the
establishment
or
making
complaints to appropriate | 7 | | agencies;
| 8 | | (8) the right to be free of chemical and physical | 9 | | restraints;
| 10 | | (9) the right to be free of abuse or neglect or to | 11 | | refuse to perform
labor;
| 12 | | (10) the right to confidentiality of the resident's | 13 | | medical records;
| 14 | | (11) the right of access and the right to copy the | 15 | | resident's personal
files
maintained
by the establishment;
| 16 | | (12) the right to 24 hours access to the establishment;
| 17 | | (13) the right to a minimum of 90 days' 90-days notice | 18 | | of a planned
establishment
closure;
| 19 | | (14) the right to a minimum of 30 days' 30-days notice | 20 | | of an involuntary
residency
termination ,
except where the | 21 | | resident poses a threat to himself or others, or in other
| 22 | | emergency situations, and the right to appeal such | 23 | | termination ; if an establishment withdraws a notice of | 24 | | involuntary termination of residency, then the resident | 25 | | has the right to maintain residency at the establishment ; | 26 | | and
|
| | | 10000HB3392ham001 | - 27 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (15) the right to a 30-day notice of delinquency and at | 2 | | least 15 days
right to cure
delinquency ; . | 3 | | (16) the right to not be unlawfully transferred or | 4 | | discharged; | 5 | | (17) the right to retain residency during any hospital | 6 | | stay totaling 10 days or less following a hospital | 7 | | admission; and | 8 | | (18) the right not to be charged for any period during | 9 | | which the resident was unlawfully denied residency.
| 10 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 11 | | (210 ILCS 9/110) | 12 | | Sec. 110. Powers and duties of the Department. | 13 | | (a) The Department shall conduct an annual unannounced | 14 | | on-site visit at
each
assisted living and shared
housing | 15 | | establishment to determine compliance with applicable | 16 | | licensure
requirements and
standards. Additional visits may be | 17 | | conducted without prior notice to the
assisted living
or shared | 18 | | housing
establishment. | 19 | | (b) Upon receipt of information that may indicate the | 20 | | failure of the
assisted living or shared housing
establishment | 21 | | or a service provider to comply with a provision of this Act,
| 22 | | the Department shall
investigate the matter or make appropriate | 23 | | referrals to other government
agencies and entities having
| 24 | | jurisdiction over the subject matter of the possible violation. | 25 | | The Department
may also make
referrals to any public or private |
| | | 10000HB3392ham001 | - 28 - | LRB100 09446 MJP 21847 a |
|
| 1 | | agency that the Department considers
available for appropriate
| 2 | | assistance to those involved. The Department may oversee and | 3 | | coordinate the
enforcement of State
consumer protection | 4 | | policies affecting residents residing in an establishment
| 5 | | licensed under this Act. | 6 | | (c) The Department shall establish by rule complaint | 7 | | receipt,
investigation,
resolution, and involuntary
residency | 8 | | termination procedures. Resolution procedures shall provide | 9 | | for
on-site review and
evaluation of an assisted living or | 10 | | shared housing establishment found to be
in violation of this | 11 | | Act
within a specified period of time based on the gravity and | 12 | | severity of the
violation and any pervasive
pattern of | 13 | | occurrences of the same or similar violations. | 14 | | (d) (Blank). | 15 | | (e) The Department shall by rule establish penalties and | 16 | | sanctions, which
shall include, but need not be limited to,
the | 17 | | creation of a schedule of graduated penalties and sanctions to | 18 | | include
closure. | 19 | | (f) The Department shall by rule establish procedures for | 20 | | disclosure of
information to the public, which
shall include, | 21 | | but not be limited to, ownership, licensure status, frequency | 22 | | of
complaints, disposition of
substantiated complaints, and | 23 | | disciplinary actions. | 24 | | (g) (Blank). | 25 | | (h) Beginning January 1, 2000, the Department shall begin | 26 | | drafting rules
necessary for the administration
of this Act. |
| | | 10000HB3392ham001 | - 29 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (i) The Department shall by rule provide for a prohibition | 2 | | on conflicts of interest for surveyors and all persons who | 3 | | conduct involuntary transfer or discharge hearings. As used in | 4 | | this subsection, "conflict of interest" includes, but is not | 5 | | limited to, (1) the existence of any professional relationship | 6 | | within 2 years prior to conducting the survey or the hearing or | 7 | | (2) a financial relationship between a surveyor or person | 8 | | conducting an involuntary transfer or discharge hearing or his | 9 | | or her immediate family and an establishment regulated by the | 10 | | Department. As used in this subsection, "immediate family" | 11 | | means a husband or wife, natural or adoptive parents, children, | 12 | | siblings, stepparents, stepchildren, stepbrothers, | 13 | | stepsisters, father-in-law, mother-in-law, brothers-in-law, | 14 | | sisters-in-law, grandparents, and grandchildren. | 15 | | (Source: P.A. 96-975, eff. 7-2-10.) | 16 | | Section 10. The Nursing Home Care Act is amended by | 17 | | changing Sections 1-111, 1-114.005, 1-128, 2-104, 2-111, | 18 | | 3-202.05, 3-209, 3-305, 3-401, 3-401.1, 3-402, 3-404, 3-405, | 19 | | 3-410, 3-411, and 3-413 and by adding Sections 3-305.6, | 20 | | 3-413.1, and 3-424 as follows:
| 21 | | (210 ILCS 45/1-111) (from Ch. 111 1/2, par. 4151-111)
| 22 | | Sec. 1-111. "Discharge" means the full release of any | 23 | | resident from a facility. "Discharge" includes a nursing | 24 | | facility's failure to readmit following hospitalization, other |
| | | 10000HB3392ham001 | - 30 - | LRB100 09446 MJP 21847 a |
|
| 1 | | medical leave, or other absence. | 2 | | (Source: P.A. 81-223.)
| 3 | | (210 ILCS 45/1-114.005) | 4 | | Sec. 1-114.005. High risk designation. "High risk | 5 | | designation" means a violation of a provision of the Illinois | 6 | | Administrative Code or statute that has been identified by the | 7 | | Department through rulemaking or designated in statute to be | 8 | | inherently necessary to protect the health, safety, and welfare | 9 | | of a resident. "High risk designation" includes an unlawful | 10 | | discharge of a resident.
| 11 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 12 | | (210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128)
| 13 | | Sec. 1-128.
"Transfer" means a change in status of a | 14 | | resident's living
arrangements from one facility to another | 15 | | facility. "Transfer" includes a nursing facility's failure to | 16 | | readmit a resident following hospitalization, other medical | 17 | | leave, or other absence, resulting in the resident being moved | 18 | | to another institutional setting.
| 19 | | (Source: P.A. 81-223.)
| 20 | | (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
| 21 | | Sec. 2-104.
(a) A resident shall be permitted to retain the | 22 | | services
of his own personal physician at his own expense or | 23 | | under an individual or
group plan of health insurance, or under |
| | | 10000HB3392ham001 | - 31 - | LRB100 09446 MJP 21847 a |
|
| 1 | | any public or private
assistance program providing such | 2 | | coverage. However, the facility is
not liable for the | 3 | | negligence of any such personal physician. Every
resident shall | 4 | | be permitted to obtain from his own physician or the
physician | 5 | | attached to the facility complete and current information
| 6 | | concerning his medical diagnosis, treatment and prognosis in | 7 | | terms and
language the resident can reasonably be expected to | 8 | | understand. Every
resident shall be permitted to participate in | 9 | | the planning of his total
care and medical treatment to the | 10 | | extent that his condition permits. No
resident shall be | 11 | | subjected to experimental research or treatment
without first | 12 | | obtaining his informed, written consent. The conduct of
any | 13 | | experimental research or treatment shall be authorized and | 14 | | monitored
by an institutional review board appointed by the | 15 | | Director. The
membership, operating procedures and review | 16 | | criteria for the institutional
review board shall be prescribed | 17 | | under rules and regulations of the
Department and shall comply | 18 | | with the requirements for institutional review boards | 19 | | established by the federal Food and Drug Administration. No | 20 | | person who has received compensation in the prior 3 years from | 21 | | an entity that manufactures, distributes, or sells | 22 | | pharmaceuticals, biologics, or medical devices may serve on the | 23 | | institutional review board. | 24 | | The institutional review board may approve only research or | 25 | | treatment that meets the standards of the federal Food and Drug | 26 | | Administration with respect to (i) the protection of human |
| | | 10000HB3392ham001 | - 32 - | LRB100 09446 MJP 21847 a |
|
| 1 | | subjects and (ii) financial disclosure by clinical | 2 | | investigators. The Office of State Long Term Care Ombudsman and | 3 | | the State Protection and Advocacy organization shall be given | 4 | | an opportunity to comment on any request for approval before | 5 | | the board makes a decision. Those entities shall not be | 6 | | provided information that would allow a potential human subject | 7 | | to be individually identified, unless the board asks the | 8 | | Ombudsman for help in securing information from or about the | 9 | | resident. The board shall require frequent reporting of the | 10 | | progress of the approved research or treatment and its impact | 11 | | on residents, including immediate reporting of any adverse | 12 | | impact to the resident, the resident's representative, the | 13 | | Office of the State Long Term Care Ombudsman, and the State | 14 | | Protection and Advocacy organization. The board may not approve | 15 | | any retrospective study of the records of any resident about | 16 | | the safety or efficacy of any care or treatment if the resident | 17 | | was under the care of the proposed researcher or a business | 18 | | associate when the care or treatment was given, unless the | 19 | | study is under the control of a researcher without any business | 20 | | relationship to any person or entity who could benefit from the | 21 | | findings of the study. | 22 | | No facility shall permit experimental research or | 23 | | treatment to be conducted on a resident, or give access to any | 24 | | person or person's records for a retrospective study about the | 25 | | safety or efficacy of any care or treatment, without the prior | 26 | | written approval of the institutional review board. No nursing |
| | | 10000HB3392ham001 | - 33 - | LRB100 09446 MJP 21847 a |
|
| 1 | | home administrator, or person licensed by the State to provide | 2 | | medical care or treatment to any person, may assist or | 3 | | participate in any experimental research on or treatment of a | 4 | | resident, including a retrospective study, that does not have | 5 | | the prior written approval of the board. Such conduct shall be | 6 | | grounds for professional discipline by the Department of | 7 | | Financial and
Professional Regulation. | 8 | | The institutional review board may exempt from ongoing | 9 | | review research or treatment initiated on a resident before the | 10 | | individual's admission to a facility and for which the board | 11 | | determines there is adequate ongoing oversight by another | 12 | | institutional review board. Nothing in this Section shall | 13 | | prevent a facility, any facility employee, or any other person | 14 | | from assisting or participating in any experimental research on | 15 | | or treatment of a resident, if the research or treatment began | 16 | | before the person's admission to a facility, until the board | 17 | | has reviewed the research or treatment and decided to grant or | 18 | | deny approval or to exempt the research or treatment from | 19 | | ongoing review.
| 20 | | The institutional review board requirements of this | 21 | | subsection (a) do not apply to investigational drugs, | 22 | | biological products, or devices used by a resident with a | 23 | | terminal illness as set forth in the Right to Try Act. | 24 | | (b) All medical treatment and procedures shall be | 25 | | administered as
ordered by a physician. All new physician | 26 | | orders shall be reviewed by the
facility's director of nursing |
| | | 10000HB3392ham001 | - 34 - | LRB100 09446 MJP 21847 a |
|
| 1 | | or charge nurse designee within 24 hours
after such orders have | 2 | | been issued to assure facility compliance with such orders.
| 3 | | All physician's orders and plans of treatment shall have | 4 | | the authentication of the physician. For the purposes of this | 5 | | subsection (b), "authentication" means an original written | 6 | | signature or an electronic signature system that allows for the | 7 | | verification of a signer's credentials. A stamp signature, with | 8 | | or without initials, is not sufficient. | 9 | | According to rules adopted by the Department, every woman | 10 | | resident of
child-bearing age shall receive routine | 11 | | obstetrical and gynecological
evaluations as well as necessary | 12 | | prenatal care.
| 13 | | (c) Every resident shall be permitted to refuse medical | 14 | | treatment
and to know the consequences of such action, unless | 15 | | such refusal would
be harmful to the health and safety of | 16 | | others and such harm is
documented by a physician in the | 17 | | resident's clinical record. The
resident's refusal shall free | 18 | | the facility from the obligation to
provide the treatment. If a | 19 | | resident's refusal of treatment does not endanger other | 20 | | residents or staff, then the refusal of treatment is not | 21 | | grounds for discharge.
| 22 | | (d) Every resident, resident's guardian, or parent if the | 23 | | resident
is a minor shall be permitted to inspect and copy all | 24 | | his clinical and
other records concerning his care and | 25 | | maintenance kept by the facility
or by his physician. The | 26 | | facility may charge a reasonable fee for
duplication of a |
| | | 10000HB3392ham001 | - 35 - | LRB100 09446 MJP 21847 a |
|
| 1 | | record.
| 2 | | (Source: P.A. 99-270, eff. 1-1-16 .)
| 3 | | (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
| 4 | | Sec. 2-111.
A resident shall not be transferred or | 5 | | discharged in violation of this Act. A resident may not be | 6 | | charged for any period during which the resident was unlawfully | 7 | | denied the right to reside in a facility. A resident may be | 8 | | discharged from a facility after he gives
the administrator, a | 9 | | physician, or a nurse of the facility
written notice of his | 10 | | desire to be discharged. If a guardian has been appointed
for a | 11 | | resident or if the resident is a minor, the resident shall be | 12 | | discharged
upon written consent of his guardian or if the | 13 | | resident is a minor, his
parent unless there is a court order | 14 | | to the contrary. In such cases, upon
the resident's
discharge, | 15 | | the facility is relieved from any responsibility for the | 16 | | resident's
care, safety or well-being. A resident has the right | 17 | | to not be unlawfully transferred or discharged. An unlawful | 18 | | transfer or discharge is, at minimum, a type A violation.
| 19 | | (Source: P.A. 81-223.)
| 20 | | (210 ILCS 45/3-202.05) | 21 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 22 | | thereafter. | 23 | | (a) For the purpose of computing staff to resident ratios, | 24 | | direct care staff shall include: |
| | | 10000HB3392ham001 | - 36 - | LRB100 09446 MJP 21847 a |
|
| 1 | | (1) registered nurses; | 2 | | (2) licensed practical nurses; | 3 | | (3) certified nurse assistants; | 4 | | (4) psychiatric services rehabilitation aides; | 5 | | (5) rehabilitation and therapy aides; | 6 | | (6) psychiatric services rehabilitation coordinators; | 7 | | (7) assistant directors of nursing; | 8 | | (8) 50% of the Director of Nurses' time; and | 9 | | (9) 30% of the Social Services Directors' time. | 10 | | The Department shall, by rule, allow certain facilities | 11 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 12 | | S) to utilize specialized clinical staff, as defined in rules, | 13 | | to count towards the staffing ratios. | 14 | | Within 120 days of the effective date of this amendatory | 15 | | Act of the 97th General Assembly, the Department shall | 16 | | promulgate rules specific to the staffing requirements for | 17 | | facilities federally defined as Institutions for Mental | 18 | | Disease. These rules shall recognize the unique nature of | 19 | | individuals with chronic mental health conditions, shall | 20 | | include minimum requirements for specialized clinical staff, | 21 | | including clinical social workers, psychiatrists, | 22 | | psychologists, and direct care staff set forth in paragraphs | 23 | | (4) through (6) and any other specialized staff which may be | 24 | | utilized and deemed necessary to count toward staffing ratios. | 25 | | Within 120 days of the effective date of this amendatory | 26 | | Act of the 97th General Assembly, the Department shall |
| | | 10000HB3392ham001 | - 37 - | LRB100 09446 MJP 21847 a |
|
| 1 | | promulgate rules specific to the staffing requirements for | 2 | | facilities licensed under the Specialized Mental Health | 3 | | Rehabilitation Act of 2013. These rules shall recognize the | 4 | | unique nature of individuals with chronic mental health | 5 | | conditions, shall include minimum requirements for specialized | 6 | | clinical staff, including clinical social workers, | 7 | | psychiatrists, psychologists, and direct care staff set forth | 8 | | in paragraphs (4) through (6) and any other specialized staff | 9 | | which may be utilized and deemed necessary to count toward | 10 | | staffing ratios. | 11 | | (b) (Blank). Beginning January 1, 2011, and thereafter, | 12 | | light intermediate care shall be staffed at the same staffing | 13 | | ratio as intermediate care. | 14 | | (b-5) For purposes of the minimum staffing ratios in this | 15 | | Section, all residents shall be classified as requiring either | 16 | | skilled care or intermediate care. | 17 | | As used in this subsection: | 18 | | "Skilled care" means skilled nursing care, continuous | 19 | | skilled nursing observations, restorative nursing, and other | 20 | | services under professional direction with frequent medical | 21 | | supervision. | 22 | | "Intermediate care" means basic nursing care and other | 23 | | restorative services under periodic medical direction. | 24 | | (c) Facilities shall notify the Department within 60 days | 25 | | after the effective date of this amendatory Act of the 96th | 26 | | General Assembly, in a form and manner prescribed by the |
| | | 10000HB3392ham001 | - 38 - | LRB100 09446 MJP 21847 a |
|
| 1 | | Department, of the staffing ratios in effect on the effective | 2 | | date of this amendatory Act of the 96th General Assembly for | 3 | | both intermediate and skilled care and the number of residents | 4 | | receiving each level of care. | 5 | | (d)(1) Effective July 1, 2010, for each resident needing | 6 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 7 | | and personal care each day must be provided; for each resident | 8 | | needing intermediate care, 1.7 hours of nursing and personal | 9 | | care each day must be provided. | 10 | | (2) Effective January 1, 2011, the minimum staffing ratios | 11 | | shall be increased to 2.7 hours of nursing and personal care | 12 | | each day for a resident needing skilled care and 1.9 hours of | 13 | | nursing and personal care each day for a resident needing | 14 | | intermediate care. | 15 | | (3) Effective January 1, 2012, the minimum staffing ratios | 16 | | shall be increased to 3.0 hours of nursing and personal care | 17 | | each day for a resident needing skilled care and 2.1 hours of | 18 | | nursing and personal care each day for a resident needing | 19 | | intermediate care. | 20 | | (4) Effective January 1, 2013, the minimum staffing ratios | 21 | | shall be increased to 3.4 hours of nursing and personal care | 22 | | each day for a resident needing skilled care and 2.3 hours of | 23 | | nursing and personal care each day for a resident needing | 24 | | intermediate care. | 25 | | (5) Effective January 1, 2014, the minimum staffing ratios | 26 | | shall be increased to 3.8 hours of nursing and personal care |
| | | 10000HB3392ham001 | - 39 - | LRB100 09446 MJP 21847 a |
|
| 1 | | each day for a resident needing skilled care and 2.5 hours of | 2 | | nursing and personal care each day for a resident needing | 3 | | intermediate care.
| 4 | | (e) Ninety days after the effective date of this amendatory | 5 | | Act of the 97th General Assembly, a minimum of 25% of nursing | 6 | | and personal care time shall be provided by licensed nurses, | 7 | | with at least 10% of nursing and personal care time provided by | 8 | | registered nurses. These minimum requirements shall remain in | 9 | | effect until an acuity based registered nurse requirement is | 10 | | promulgated by rule concurrent with the adoption of the | 11 | | Resource Utilization Group classification-based payment | 12 | | methodology, as provided in Section 5-5.2 of the Illinois | 13 | | Public Aid Code. Registered nurses and licensed practical | 14 | | nurses employed by a facility in excess of these requirements | 15 | | may be used to satisfy the remaining 75% of the nursing and | 16 | | personal care time requirements. Notwithstanding this | 17 | | subsection, no staffing requirement in statute in effect on the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly shall be reduced on account of this subsection. | 20 | | (f) The Department shall adopt rules by January 1, 2018 | 21 | | establishing a system for determining compliance with minimum | 22 | | direct care staffing standards. Compliance shall be determined | 23 | | at least quarterly using the Center for Medicare and Medicaid | 24 | | Services' payroll-based journal and nursing home facility | 25 | | census and payroll data, which shall be obtained quarterly by | 26 | | the Department. The Department shall, at minimum, use the |
| | | 10000HB3392ham001 | - 40 - | LRB100 09446 MJP 21847 a |
|
| 1 | | quarterly payroll-based journal and census data to calculate | 2 | | the number of hours provided per resident day, and compare this | 3 | | ratio to the minimums required by this Section. | 4 | | (g) The Department shall adopt rules by January 1, 2018 | 5 | | establishing financial penalties for facilities out of | 6 | | compliance with minimum staffing standards. Monetary penalties | 7 | | shall be imposed beginning no later than October 1, 2018, and | 8 | | quarterly thereafter, for the latest quarter for which the | 9 | | Department has data. Monetary penalties shall be established | 10 | | based on a formula that calculates the cost of wages and | 11 | | benefits for the missing staff hours, and in no circumstances | 12 | | shall be less than twice the calculated cost of wages and | 13 | | benefits for the missing staff hours during the quarter, or the | 14 | | minimum penalty for a Type B violation, whichever is greater. | 15 | | The penalty shall be imposed regardless of whether the facility | 16 | | has committed other violations of this Act during the quarter. | 17 | | The penalty may not be waived. Nothing in this Section shall | 18 | | preclude a facility from being given a high risk designation | 19 | | for failure to comply with this Section that, when cited with | 20 | | other violations of this Act, increases the | 21 | | otherwise-applicable penalty. | 22 | | (h) A violation of the minimum staffing requirements under | 23 | | this Section is, at minimum, a Type B violation. | 24 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
| 25 | | (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
|
| | | 10000HB3392ham001 | - 41 - | LRB100 09446 MJP 21847 a |
|
| 1 | | Sec. 3-209.
Every facility shall conspicuously post for | 2 | | display in an
area of its offices accessible to residents, | 3 | | employees, and visitors the
following:
| 4 | | (1) Its current license;
| 5 | | (2) A description, provided by the Department, of complaint
| 6 | | procedures established under this Act and the name, address, | 7 | | and
telephone number of a person authorized by the Department | 8 | | to receive
complaints;
| 9 | | (3) A copy of any order pertaining to the facility issued | 10 | | by the
Department or a court; and
| 11 | | (4) A list of the material available for public inspection | 12 | | under
Section 3-210.
| 13 | | (5) A facility that has received a notice of violation for | 14 | | having violated the minimum staffing requirements of Section | 15 | | 3-202.05 shall display for 3 months following the date that the | 16 | | notice of violation was issued, a notice that it did not have | 17 | | enough staff to meet the needs of the facility's residents | 18 | | during the quarter cited in the notice of violation. | 19 | | (Source: P.A. 81-1349.)
| 20 | | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
| 21 | | Sec. 3-305.
The license of a facility which is in violation | 22 | | of this Act
or any rule adopted thereunder may be subject to | 23 | | the penalties or fines
levied by the Department as specified in | 24 | | this Section.
| 25 | | (1) A licensee who commits a Type "AA" violation as defined |
| | | 10000HB3392ham001 | - 42 - | LRB100 09446 MJP 21847 a |
|
| 1 | | in Section 1-128.5
is automatically issued a conditional | 2 | | license for a period of 6 months
to coincide with an acceptable | 3 | | plan of correction and assessed a fine up to $25,000 per | 4 | | violation.
| 5 | | (1.5) A licensee who commits a Type "A" violation as | 6 | | defined in Section 1-129 is automatically issued a conditional | 7 | | license for a period of 6 months to coincide with an acceptable | 8 | | plan of correction and assessed a fine of up to $12,500 per | 9 | | violation. | 10 | | (2) A licensee who commits a Type "B" violation as defined | 11 | | in Section 1-130 shall be assessed a fine of up to $1,100 per | 12 | | violation or the penalty specified in subsection (g) of Section | 13 | | 3-202.05, whichever is greater .
| 14 | | (2.5) A licensee who commits 10 or more Type "C" | 15 | | violations, as defined in Section 1-132, in a single survey | 16 | | shall be assessed a fine of up to $250 per violation. A | 17 | | licensee who commits one or more Type "C" violations with a | 18 | | high risk designation, as defined by rule, shall be assessed a | 19 | | fine of up to $500 per violation. | 20 | | (3) A licensee who commits a Type "AA" or Type "A" | 21 | | violation as defined in Section 1-128.5 or
1-129 which | 22 | | continues beyond the time specified in paragraph (a) of Section
| 23 | | 3-303 which is cited as a repeat violation shall have its | 24 | | license revoked
and shall be assessed a fine of 3 times the | 25 | | fine computed per resident per
day under subsection (1).
| 26 | | (4) A licensee who fails to satisfactorily comply with an |
| | | 10000HB3392ham001 | - 43 - | LRB100 09446 MJP 21847 a |
|
| 1 | | accepted
plan of correction for a Type "B" violation or an | 2 | | administrative warning
issued pursuant to Sections 3-401 | 3 | | through 3-413 or the rules promulgated
thereunder shall be | 4 | | automatically issued a conditional license for a period
of not | 5 | | less than 6 months. A second or subsequent acceptable plan of
| 6 | | correction shall be filed. A fine shall be assessed in | 7 | | accordance with
subsection (2) when cited for the repeat | 8 | | violation. This fine shall be
computed for all days of the | 9 | | violation, including the duration of the first
plan of | 10 | | correction compliance time.
| 11 | | (5) For the purpose of computing a penalty under | 12 | | subsections (2) through
(4), the number of residents per day | 13 | | shall be based on the average number
of residents in the | 14 | | facility during the 30 days preceding the discovery
of the | 15 | | violation.
| 16 | | (6) When the Department finds that a provision of Article | 17 | | II has been
violated with regard to a particular resident, the | 18 | | Department shall issue
an order requiring the facility to | 19 | | reimburse the resident for injuries
incurred, or $100, | 20 | | whichever is greater. In the case of a violation
involving any | 21 | | action other than theft of money belonging to a resident,
| 22 | | reimbursement shall be ordered only if a provision of Article | 23 | | II has been
violated with regard to that or any other resident | 24 | | of the facility within
the 2 years immediately preceding the | 25 | | violation in question.
| 26 | | (7) For purposes of assessing fines under this Section, a |
| | | 10000HB3392ham001 | - 44 - | LRB100 09446 MJP 21847 a |
|
| 1 | | repeat
violation shall be a violation which has been cited | 2 | | during one inspection
of the facility for which an accepted | 3 | | plan of correction was not complied
with or a new citation of | 4 | | the same rule if the licensee is not substantially addressing | 5 | | the issue routinely
throughout the facility.
| 6 | | (7.5) If an occurrence results in more than one type of | 7 | | violation as defined in this Act (that is, a Type "AA", Type | 8 | | "A", Type "B", or Type "C" violation), the Department shall | 9 | | assess only one fine, which shall not exceed the maximum fine | 10 | | that may be assessed for the most serious type of violation | 11 | | charged. For purposes of the preceding sentence, a Type "AA" | 12 | | violation is the most serious type of violation that may be | 13 | | charged, followed by a Type "A", Type "B", or Type "C" | 14 | | violation, in that order. | 15 | | (8) The minimum and maximum fines that may be assessed | 16 | | pursuant to this Section shall be twice those otherwise | 17 | | specified for any facility that willfully makes a misstatement | 18 | | of fact to the Department, or willfully fails to make a | 19 | | required notification to the Department, if that misstatement | 20 | | or failure delays the start of a surveyor or impedes a survey. | 21 | | (9) High risk designation. If the Department finds that a | 22 | | facility has violated a provision of the Illinois | 23 | | Administrative Code that has a high risk designation, or that a | 24 | | facility has violated the same provision of the Illinois | 25 | | Administrative Code 3 or more times in the previous 12 months, | 26 | | the Department may assess a fine of up to 2 times the maximum |
| | | 10000HB3392ham001 | - 45 - | LRB100 09446 MJP 21847 a |
|
| 1 | | fine otherwise allowed. | 2 | | (10) If a licensee has paid a civil monetary penalty | 3 | | imposed pursuant to the Medicare and Medicaid Certification | 4 | | Program for the equivalent federal violation giving rise to a | 5 | | fine under this Section, the Department shall offset the fine | 6 | | by the amount of the civil monetary penalty. The offset may not | 7 | | reduce the fine by more than 75% of the original fine, however. | 8 | | (Source: P.A. 98-104, eff. 7-22-13.)
| 9 | | (210 ILCS 45/3-305.6 new) | 10 | | Sec. 3-305.6. Failure to readmit a resident. A facility | 11 | | that fails to comply with an order of the Department to readmit | 12 | | a resident, shall be assessed a daily fine of $250. The fine | 13 | | shall be assessed beginning on the date of the surveyor | 14 | | inspection required by Section 3-413.1. The fine shall be | 15 | | imposed for every day thereafter until the facility notifies | 16 | | the Department that the facility is in compliance with the | 17 | | order and a surveyor makes an on-site inspection that confirms | 18 | | compliance or the resident or resident's representative | 19 | | confirms to the Department in writing that there is compliance. | 20 | | The on-site inspection shall be made within 3 days of the | 21 | | notification by the facility. | 22 | | As used in this Section, "compliance with the order" means | 23 | | a resident is living in a facility, or a facility and a | 24 | | resident have agreed on a schedule for readmission. If a | 25 | | resident subsequently notifies the Department that a facility |
| | | 10000HB3392ham001 | - 46 - | LRB100 09446 MJP 21847 a |
|
| 1 | | is not complying with an agreed-upon schedule, a surveyor shall | 2 | | make an on-site inspection to determine compliance within 3 | 3 | | days of the notification.
| 4 | | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
| 5 | | Sec. 3-401.
A facility may involuntarily transfer or | 6 | | discharge a resident
only for one or more of the following | 7 | | reasons:
| 8 | | (a) the facility is unable to meet the medical needs of | 9 | | the resident, as documented in the resident's clinical | 10 | | record by his or her physician for medical reasons ;
| 11 | | (b) for the resident's physical safety;
| 12 | | (c) for the physical safety of other residents, the | 13 | | facility staff or
facility visitors; or
| 14 | | (d) for either late payment or nonpayment for the | 15 | | resident's stay, except
as prohibited by Titles XVIII and | 16 | | XIX of the federal Social
Security Act. For purposes of | 17 | | this Section, "late payment" means non-receipt
of payment | 18 | | after submission of a bill. If payment is not received | 19 | | within 45
days after submission of a bill, a facility may | 20 | | send a notice to the resident
and responsible party | 21 | | requesting payment within 30 days. If payment is not
| 22 | | received within such 30 days, the facility may thereupon | 23 | | institute transfer
or discharge proceedings by
sending a | 24 | | notice of transfer or discharge to the resident and | 25 | | responsible
party by registered or certified mail. The |
| | | 10000HB3392ham001 | - 47 - | LRB100 09446 MJP 21847 a |
|
| 1 | | notice shall state, in addition
to the requirements of | 2 | | Section 3-403 of this Act, that the responsible
party has | 3 | | the right to pay the amount of the bill in full up to the | 4 | | date
the transfer or discharge is to be made and then the | 5 | | resident shall have
the right to remain in the facility. | 6 | | Such payment shall terminate the
transfer or discharge | 7 | | proceedings. This subsection does not apply to those
| 8 | | residents whose care is provided for under the Illinois | 9 | | Public Aid Code.
The Department shall adopt rules setting | 10 | | forth the criteria and procedures
to be applied in cases of | 11 | | involuntary transfer or discharge permitted
under this | 12 | | Section.
| 13 | | Prior to issuing the notice of transfer or discharge of a | 14 | | resident under subsection (a), (b), or (c) of this Section, an | 15 | | attending physician shall conduct an in-person assessment, | 16 | | with the findings documented in the resident's clinical record. | 17 | | In the absence of other bases for transfer or discharge | 18 | | listed in this Section, and unless it has complied with the | 19 | | prior notice and other procedural requirements of this Act, a | 20 | | facility may not refuse to readmit a resident following a | 21 | | medical leave of absence if the resident's need for care does | 22 | | not exceed the provisions of the facility's license. | 23 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 24 | | (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
| 25 | | Sec. 3-401.1. (a) A facility participating in the Medical |
| | | 10000HB3392ham001 | - 48 - | LRB100 09446 MJP 21847 a |
|
| 1 | | Assistance
Program is prohibited from failing or refusing to | 2 | | retain as a resident any
person because he or she is a | 3 | | recipient of or an applicant for the Medical
Assistance | 4 | | Program. A resident who is in the process of appealing the | 5 | | denial of his or her application for the Medical Assistance | 6 | | Program is considered to be a Medicaid applicant under this | 7 | | Section.
| 8 | | (a-5) After the effective date of this amendatory Act of | 9 | | 1997, a facility
of which only a distinct part is certified to | 10 | | participate in the Medical
Assistance Program may refuse to | 11 | | retain as a resident any person who resides in
a part of the | 12 | | facility that does not participate in the Medical Assistance
| 13 | | Program and who is unable to pay for his or her care in the | 14 | | facility without
Medical Assistance only if:
| 15 | | (1) the facility, no later than at the time of | 16 | | admission
and at the time of the resident's contract
| 17 | | renewal,
explains to the
resident (unless he or she is | 18 | | incompetent), and to the resident's
representative, and to | 19 | | the person making payment on behalf of the resident for
the | 20 | | resident's stay, in writing, that the facility may | 21 | | discharge the resident
if the
resident is no longer able to | 22 | | pay for his or her care in the facility without
Medical | 23 | | Assistance;
| 24 | | (2) the resident (unless he or she is incompetent), the | 25 | | resident's
representative, and the person making payment | 26 | | on behalf of the resident for the
resident's stay, |
| | | 10000HB3392ham001 | - 49 - | LRB100 09446 MJP 21847 a |
|
| 1 | | acknowledge in writing that they have received the written
| 2 | | explanation.
| 3 | | (a-10) For the purposes of this Section, a recipient or
| 4 | | applicant shall be considered a resident in the facility during | 5 | | any
hospital stay totaling 10 days or less following a hospital | 6 | | admission.
The Department of Healthcare and Family Services | 7 | | shall recoup funds from a facility
when, as a result of the | 8 | | facility's refusal to readmit a recipient after
| 9 | | hospitalization for 10 days or less, the recipient incurs | 10 | | hospital bills in
an amount greater than the amount that would | 11 | | have been paid by that
Department (formerly the Illinois | 12 | | Department of Public Aid) for care of the recipient in the | 13 | | facility. The amount of the
recoupment shall be the difference | 14 | | between the Department of Healthcare and Family Services' | 15 | | (formerly the Illinois Department of
Public Aid's) payment for | 16 | | hospital care and the amount that Department
would have paid | 17 | | for care in the facility.
| 18 | | (b) A facility which violates this Section shall be guilty | 19 | | of a business
offense and fined not less than $500 nor more | 20 | | than $1,000 for the first
offense and not less than $1,000 nor | 21 | | more than $5,000 for each subsequent
offense.
| 22 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 23 | | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | 24 | | Sec. 3-402. Involuntary transfer or discharge of a resident | 25 | | from a facility
shall be preceded by the discussion required |
| | | 10000HB3392ham001 | - 50 - | LRB100 09446 MJP 21847 a |
|
| 1 | | under Section 3-408 and by
a minimum written notice
of 30 21 | 2 | | days, except in one of the following instances: | 3 | | (a) When an emergency transfer or discharge is ordered
by | 4 | | the resident's attending physician because of the resident's | 5 | | health
care needs upon an attending physician completing an | 6 | | in-person assessment . | 7 | | (b) When the transfer or discharge is mandated by the | 8 | | physical safety of
other residents, the facility staff, or | 9 | | facility visitors, as
documented in the clinical record.
The | 10 | | Department , the Office of State Long Term Care Ombudsman, and | 11 | | the resident's managed care organization, if applicable, shall | 12 | | be notified prior to any such involuntary transfer
or | 13 | | discharge. The Department shall immediately offer transfer, or | 14 | | discharge
and relocation assistance to residents transferred | 15 | | or discharged under this
subparagraph (b), and the Department | 16 | | may place relocation teams as
provided in Section 3-419 of this | 17 | | Act. | 18 | | (c) When an identified offender is within the provisional | 19 | | admission period defined in Section 1-120.3. If the Identified | 20 | | Offender Report and Recommendation prepared under Section | 21 | | 2-201.6 shows that the identified offender poses a serious | 22 | | threat or danger to the physical safety of other residents, the | 23 | | facility staff, or facility visitors in the admitting facility | 24 | | and the facility determines that it is unable to provide a safe | 25 | | environment for the other residents, the facility staff, or | 26 | | facility visitors, the facility shall transfer or discharge the |
| | | 10000HB3392ham001 | - 51 - | LRB100 09446 MJP 21847 a |
|
| 1 | | identified offender within 3 days after its receipt of the | 2 | | Identified Offender Report and Recommendation. | 3 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 4 | | (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
| 5 | | Sec. 3-404.
A request for a hearing made under Section | 6 | | 3-403 shall stay
a transfer or discharge pending a hearing or | 7 | | appeal of the decision, unless a condition
which would have | 8 | | allowed transfer or discharge in less than 30 21 days as | 9 | | described
under paragraphs (a) and (b) of Section 3-402 | 10 | | develops in the interim.
| 11 | | (Source: P.A. 81-223.)
| 12 | | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
| 13 | | Sec. 3-405. A copy of the notice required by Section 3-402 | 14 | | shall be placed
in the resident's clinical record and a copy | 15 | | shall be transmitted to the
Department, the resident, and the | 16 | | resident's representative , if any, the resident's managed care | 17 | | organization, if applicable, and the Office of State Long Term | 18 | | Care Ombudsman .
| 19 | | (Source: P.A. 97-820, eff. 7-17-12.)
| 20 | | (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410)
| 21 | | Sec. 3-410.
A resident subject to involuntary transfer or | 22 | | discharge from
a facility, the resident's guardian or if the | 23 | | resident is a minor, his parent
shall have the opportunity to |
| | | 10000HB3392ham001 | - 52 - | LRB100 09446 MJP 21847 a |
|
| 1 | | file a request for a hearing with the Department
within 10 days | 2 | | following receipt of the written notice
of the involuntary | 3 | | transfer or discharge by the facility. A long term care | 4 | | ombudsman may request a hearing on behalf of the resident, and | 5 | | secure representation for the resident, if, in the judgment of | 6 | | the long term care ombudsman, doing so is in the best interests | 7 | | of the resident, and the resident does not object.
| 8 | | (Source: P.A. 81-223.)
| 9 | | (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
| 10 | | Sec. 3-411. The Department of Public Health, when the basis | 11 | | for
involuntary transfer or discharge is other than action by | 12 | | the Department of Healthcare and Family Services (formerly
| 13 | | Department
of Public Aid) with respect to the Title XIX | 14 | | Medicaid recipient, shall
hold a hearing at the resident's | 15 | | facility not later than 10 days after a
hearing request is | 16 | | filed, and render a decision within 14 days after the
filing of | 17 | | the hearing request. Once a request for a hearing is filed, the | 18 | | Department shall hold a hearing unless the request is withdrawn | 19 | | by the resident. If the request for a hearing is withdrawn | 20 | | based upon a representation made by the facility to the | 21 | | resident and the Department, including the hearing officer, | 22 | | that a resident who has been denied readmission will be | 23 | | readmitted, and the resident or resident representative | 24 | | notifies the Department that the facility is still denying | 25 | | readmission, failure to readmit is considered failure to comply |
| | | 10000HB3392ham001 | - 53 - | LRB100 09446 MJP 21847 a |
|
| 1 | | with a Department order to readmit pursuant to Section 3-305.6, | 2 | | including the imposition of a daily fine under Section 3-305.6.
| 3 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 4 | | (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
| 5 | | Sec. 3-413.
If the Department determines that a transfer or | 6 | | discharge
is authorized under Section 3-401, the resident shall | 7 | | not be required to
leave the facility before the 34th day | 8 | | following receipt of the notice required
under Section 3-402, | 9 | | or the 10th day following receipt of the Department's
decision, | 10 | | whichever is later, unless a condition which would have allowed
| 11 | | transfer or discharge in less than 30 21 days as described | 12 | | under paragraphs
(a) and (b) of Section 3-402 develops in the | 13 | | interim.
| 14 | | (Source: P.A. 81-223.)
| 15 | | (210 ILCS 45/3-413.1 new) | 16 | | Sec. 3-413.1. Denial of transfer or discharge. If the | 17 | | Department determines that a transfer or discharge is not | 18 | | authorized under Section 3-401, then the Department shall issue | 19 | | a written decision stating that the transfer or discharge is | 20 | | denied. If the action of the facility giving rise to the | 21 | | request for hearings is the facility's failure to readmit the | 22 | | resident following hospitalization, other medical leave of | 23 | | absence, or other absence, then the Department shall order the | 24 | | immediate readmission of the resident to the facility. The |
| | | 10000HB3392ham001 | - 54 - | LRB100 09446 MJP 21847 a |
|
| 1 | | facility shall comply with the order immediately. A surveyor | 2 | | shall make an on-site inspection of the facility's compliance | 3 | | with the order within 3 days of the order's entry unless the | 4 | | resident notifies the Department in writing that there is | 5 | | compliance. | 6 | | (210 ILCS 45/3-424 new) | 7 | | Sec. 3-424. Conflict of interest. The Department shall | 8 | | adopt rules providing for a prohibition on conflicts of | 9 | | interest for surveyors and all persons who conduct involuntary | 10 | | transfer or discharge hearings. As used in this Section, | 11 | | "conflict of interest" includes, but is not limited to, the | 12 | | existence of any professional relationship within 2 years prior | 13 | | to conducting the survey or the hearing, or a financial | 14 | | relationship between (1) a surveyor or person conducting an | 15 | | involuntary transfer or discharge hearing or their immediate | 16 | | family, and (2) a facility regulated by the Department. As used | 17 | | in this Section, "immediate family" means husband or wife, | 18 | | natural or adoptive parents, children, siblings, stepparents, | 19 | | stepchildren, stepbrothers, stepsisters, father-in-law, | 20 | | mother-in-law, brothers-in-law, sisters-in-law, grandparents, | 21 | | and grandchildren.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
|
|