Full Text of HB4763 102nd General Assembly
HB4763ham002 102ND GENERAL ASSEMBLY | Rep. Charles Meier Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4763
| 2 | | AMENDMENT NO. ______. Amend House Bill 4763 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program. The purpose | 8 | | of the Long Term Care Ombudsman Program is to ensure that older | 9 | | persons and persons with disabilities receive quality | 10 | | services. This is accomplished by providing advocacy services | 11 | | for residents of long term care facilities and participants | 12 | | receiving home care and community-based care. Managed care is | 13 | | increasingly becoming the vehicle for delivering health and | 14 | | long-term services and supports to seniors and persons with | 15 | | disabilities, including dual eligible participants. The | 16 | | additional ombudsman authority will allow advocacy services to |
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| 1 | | be provided to Illinois participants for the first time and | 2 | | will produce a cost savings for the State of Illinois by | 3 | | supporting the rebalancing efforts of the Patient Protection | 4 | | and Affordable Care Act.
| 5 | | (a) Long Term Care Ombudsman Program. The Department shall
| 6 | | establish a Long Term Care Ombudsman Program, through the | 7 | | Office of State
Long Term Care Ombudsman ("the Office"), in | 8 | | accordance with the provisions of
the Older Americans Act of | 9 | | 1965, as now or hereafter amended. The Long Term Care | 10 | | Ombudsman Program is authorized, subject to sufficient | 11 | | appropriations, to advocate on behalf of older persons and | 12 | | persons with disabilities residing in their own homes or | 13 | | community-based settings, relating to matters which may | 14 | | adversely affect the health, safety, welfare, or rights of | 15 | | such individuals.
| 16 | | (b) Definitions. As used in this Section, unless the | 17 | | context requires
otherwise:
| 18 | | (1) "Access" means the right to:
| 19 | | (i) Enter any long term care facility or assisted | 20 | | living or shared
housing establishment or supportive | 21 | | living facility;
| 22 | | (ii) Communicate privately and without restriction | 23 | | with any resident, regardless of age,
who consents to | 24 | | the communication;
| 25 | | (iii) Seek consent to communicate privately and | 26 | | without restriction
with any participant or resident, |
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| 1 | | regardless of age;
| 2 | | (iv) Inspect the clinical and other records of a | 3 | | participant or resident, regardless of age, with the
| 4 | | express written consent of the participant or | 5 | | resident;
| 6 | | (v) Observe all areas of the long term care | 7 | | facility or supportive
living facilities, assisted | 8 | | living or shared housing establishment except the
| 9 | | living area of any resident who protests the | 10 | | observation; and
| 11 | | (vi) Subject to permission of the participant or | 12 | | resident requesting services or his or her | 13 | | representative, enter a home or community-based | 14 | | setting. | 15 | | (2) "Long Term Care Facility" means (i) any facility | 16 | | as defined by Section
1-113 of the Nursing Home Care Act, | 17 | | as now or hereafter amended; (ii) any
skilled nursing | 18 | | facility or a nursing facility which meets the
| 19 | | requirements of Section 1819(a), (b), (c), and (d) or | 20 | | Section 1919(a), (b),
(c), and (d) of the Social Security | 21 | | Act, as now or hereafter amended (42
U.S.C. 1395i-3(a), | 22 | | (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
| 23 | | (d)); (iii) any facility as defined by Section 1-113 of | 24 | | the ID/DD Community Care Act, as now or hereafter amended; | 25 | | (iv) any facility as defined by Section 1-113 of MC/DD | 26 | | Act, as now or hereafter amended; and (v) any facility |
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| 1 | | licensed under Section 4-105 or 4-201 of the Specialized | 2 | | Mental Health Rehabilitation Act of 2013, as now or | 3 | | hereafter amended.
| 4 | | (2.5) "Assisted living establishment" and "shared | 5 | | housing establishment"
have the meanings given those terms | 6 | | in Section 10 of the Assisted Living and
Shared Housing | 7 | | Act.
| 8 | | (2.7) "Supportive living facility" means a facility | 9 | | established under
Section 5-5.01a of the Illinois Public | 10 | | Aid Code.
| 11 | | (2.8) "Community-based setting" means any place of | 12 | | abode other than an individual's private home. | 13 | | (3) "State Long Term Care Ombudsman" means any person | 14 | | employed by the
Department to fulfill
the requirements of | 15 | | the Office of State Long Term Care Ombudsman as
required | 16 | | under the Older Americans Act of 1965, as now or hereafter | 17 | | amended,
and Departmental policy.
| 18 | | (3.1) "Ombudsman" means any designated representative | 19 | | of the State Long Term Care Ombudsman Program; provided | 20 | | that the representative, whether he is
paid for or | 21 | | volunteers his ombudsman services, shall be qualified and
| 22 | | designated by the Office to perform the duties of an | 23 | | ombudsman as specified by
the Department in rules and in | 24 | | accordance with the provisions of
the Older Americans Act | 25 | | of 1965, as now or hereafter amended.
| 26 | | (4) "Participant" means an older person aged 60 or |
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| 1 | | over or an adult with a disability aged 18 through 59 who | 2 | | is eligible for services under any of the following: | 3 | | (i) A medical assistance waiver administered by | 4 | | the State. | 5 | | (ii) A managed care organization providing care | 6 | | coordination and other services to seniors and persons | 7 | | with disabilities. | 8 | | (5) "Resident" means an older person aged 60 or over | 9 | | or an adult with a disability aged 18 through 59 who | 10 | | resides in a long-term care facility. | 11 | | (c) Ombudsman; rules. The Office of State Long Term Care | 12 | | Ombudsman shall
be composed of at least one full-time | 13 | | ombudsman and shall include a system of
designated regional | 14 | | long term care ombudsman programs. Each regional program
shall | 15 | | be designated by the State Long Term Care Ombudsman as a | 16 | | subdivision of
the Office and any representative of a regional | 17 | | program shall be treated as a
representative of the Office.
| 18 | | The Department, in consultation with the Office, shall | 19 | | promulgate
administrative rules in accordance with the | 20 | | provisions of the Older Americans
Act of 1965, as now or | 21 | | hereafter amended, to establish the responsibilities of
the | 22 | | Department and the Office of State Long Term Care Ombudsman | 23 | | and the
designated regional Ombudsman programs. The | 24 | | administrative rules shall include
the responsibility of the | 25 | | Office and designated regional programs to
investigate and | 26 | | resolve complaints made by or on behalf of residents of long
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| 1 | | term care facilities, supportive living facilities, and | 2 | | assisted living and
shared housing establishments, and | 3 | | participants residing in their own homes or community-based | 4 | | settings, including the option to serve residents and | 5 | | participants under the age of 60, relating to actions, | 6 | | inaction, or
decisions of providers, or their representatives, | 7 | | of such
facilities and establishments, of public agencies, or | 8 | | of social services agencies,
which may adversely affect the | 9 | | health, safety, welfare, or rights of such
residents and | 10 | | participants. The Office and designated regional programs may | 11 | | represent all residents and participants, but are not required | 12 | | by this Act to represent persons under 60 years of age, except | 13 | | to the extent required by federal law.
When necessary and | 14 | | appropriate, representatives of the Office shall refer
| 15 | | complaints to the appropriate regulatory State agency.
The | 16 | | Department, in consultation with the Office, shall cooperate | 17 | | with the
Department of Human Services and other State agencies | 18 | | in providing information and training to
designated regional | 19 | | long term care ombudsman programs about the appropriate
| 20 | | assessment and treatment (including information about | 21 | | appropriate supportive
services, treatment options, and | 22 | | assessment of rehabilitation potential) of the participants | 23 | | they serve. | 24 | | The State Long Term Care Ombudsman and all other | 25 | | ombudsmen, as defined in paragraph (3.1) of subsection (b) | 26 | | must submit to background checks under the Health Care Worker |
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| 1 | | Background Check Act and receive training, as prescribed by | 2 | | the Illinois Department on Aging, before visiting facilities, | 3 | | private homes, or community-based settings. The training must | 4 | | include information specific to assisted living | 5 | | establishments, supportive living facilities, shared housing | 6 | | establishments, private homes, and community-based settings | 7 | | and to the rights of residents and participants guaranteed | 8 | | under the corresponding Acts and administrative rules.
| 9 | | (c-5) Consumer Choice Information Reports. The Office | 10 | | shall: | 11 | | (1) In collaboration with the Attorney General, create | 12 | | a Consumer Choice Information Report form to be completed | 13 | | by all licensed long term care facilities to aid | 14 | | Illinoisans and their families in making informed choices | 15 | | about long term care. The Office shall create a Consumer | 16 | | Choice Information Report for each type of licensed long | 17 | | term care facility. The Office shall collaborate with the | 18 | | Attorney General and the Department of Human Services to | 19 | | create a Consumer Choice Information Report form for | 20 | | facilities licensed under the ID/DD Community Care Act or | 21 | | the MC/DD Act. | 22 | | (2) Develop a database of Consumer Choice Information | 23 | | Reports completed by licensed long term care facilities | 24 | | that includes information in the following consumer | 25 | | categories: | 26 | | (A) Medical Care, Services, and Treatment. |
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| 1 | | (B) Special Services and Amenities. | 2 | | (C) Staffing. | 3 | | (D) Facility Statistics and Resident Demographics. | 4 | | (E) Ownership and Administration. | 5 | | (F) Safety and Security. | 6 | | (G) Meals and Nutrition. | 7 | | (H) Rooms, Furnishings, and Equipment. | 8 | | (I) Family, Volunteer, and Visitation Provisions. | 9 | | (3) Make this information accessible to the public, | 10 | | including on the Internet by means of a hyperlink labeled | 11 | | "Resident's Right to Know" on the Office's World Wide Web | 12 | | home page. Information about facilities licensed under the | 13 | | ID/DD Community Care Act or the MC/DD Act shall be made | 14 | | accessible to the public by the Department of Human | 15 | | Services, including on the Internet by means of a | 16 | | hyperlink labeled "Resident's and Families' Right to Know" | 17 | | on the Department of Human Services' "For Customers" | 18 | | website. | 19 | | (4) Have the authority, with the Attorney General, to | 20 | | verify that information provided by a facility is | 21 | | accurate. | 22 | | (5) Request a new report from any licensed facility | 23 | | whenever it deems necessary.
| 24 | | (6) Include in the Office's Consumer Choice
| 25 | | Information Report for each type of licensed long term | 26 | | care
facility additional information on each licensed long |
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| 1 | | term
care facility in the State of Illinois, including
| 2 | | information regarding each facility's compliance with the
| 3 | | relevant State and federal statutes, rules, and standards;
| 4 | | customer satisfaction surveys; and information generated
| 5 | | from quality measures developed by the Centers for | 6 | | Medicare
and Medicaid Services. | 7 | | (d) Access and visitation rights.
| 8 | | (1) In accordance with subparagraphs (A) and (E) of | 9 | | paragraph (3) of
subsection (c) of Section 1819
and | 10 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 11 | | (c) of Section
1919 of the Social Security Act, as now or | 12 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 13 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 14 | | Older Americans Act of 1965, as now or hereafter
amended | 15 | | (42 U.S.C. 3058f), a long term care facility, supportive | 16 | | living
facility, assisted living
establishment, and shared | 17 | | housing establishment must:
| 18 | | (i) permit immediate access to any resident, | 19 | | regardless of age, by a designated
ombudsman;
| 20 | | (ii) permit representatives of the Office, with | 21 | | the permission of the
resident's legal representative | 22 | | or legal guardian, to examine a resident's
clinical | 23 | | and other records, regardless of the age of the | 24 | | resident, and if a resident is unable to consent to | 25 | | such
review, and has no legal guardian, permit | 26 | | representatives of the Office
appropriate access, as |
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| 1 | | defined by the Department, in consultation with the
| 2 | | Office, in administrative rules, to the resident's | 3 | | records; and
| 4 | | (iii) permit a representative of the Program to | 5 | | communicate privately and without restriction with any | 6 | | participant who consents to the communication | 7 | | regardless of the consent of, or withholding of | 8 | | consent by, a legal guardian or an agent named in a | 9 | | power of attorney executed by the participant. | 10 | | (2) Each long term care facility, supportive living | 11 | | facility, assisted living establishment, and shared | 12 | | housing establishment shall display, in an easily readable | 13 | | format and in a manner prescribed by the Office, the | 14 | | address and phone number of the Office of the Long Term | 15 | | Care Ombudsman in a conspicuous place next to the | 16 | | facility's main entrances for exterior viewing and in | 17 | | multiple, conspicuous public places within the facility | 18 | | accessible to both visitors and residents. Each long term | 19 | | care facility, supportive living facility, assisted
living | 20 | | establishment, and
shared housing establishment shall | 21 | | display, in multiple, conspicuous
public places within the | 22 | | facility accessible to both visitors and residents and
in | 23 | | an easily readable format, the address and phone number of | 24 | | the Office of the
Long Term Care Ombudsman, in a manner | 25 | | prescribed by the Office.
| 26 | | (e) Immunity. An ombudsman or any representative of the |
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| 1 | | Office participating
in the good faith performance of his or | 2 | | her official duties
shall have immunity from any liability | 3 | | (civil, criminal or otherwise) in
any proceedings (civil, | 4 | | criminal or otherwise) brought as a consequence of
the | 5 | | performance of his official duties.
| 6 | | (f) Business offenses.
| 7 | | (1) No person shall:
| 8 | | (i) Intentionally prevent, interfere with, or | 9 | | attempt to impede in any
way any representative of the | 10 | | Office in the performance of his
official
duties under | 11 | | this Act and the Older Americans Act of 1965; or
| 12 | | (ii) Intentionally retaliate, discriminate | 13 | | against, or effect reprisals
against any long term | 14 | | care facility resident or employee for contacting or
| 15 | | providing information to any representative of the | 16 | | Office.
| 17 | | (2) A violation of this Section is a business offense, | 18 | | punishable by a
fine not to exceed $501.
| 19 | | (3) The State Long Term Care Ombudsman shall
notify | 20 | | the State's Attorney of the
county in which the long term | 21 | | care facility, supportive living facility, or
assisted | 22 | | living or shared housing establishment is located,
or the | 23 | | Attorney General, of any violations of this Section.
| 24 | | (g) Confidentiality of records and identities. The | 25 | | Department shall
establish procedures for the disclosure by | 26 | | the State Ombudsman or the regional
ombudsmen
entities of |
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| 1 | | files maintained by the program. The procedures shall provide | 2 | | that
the files and records may be disclosed only at the | 3 | | discretion of the State Long
Term Care
Ombudsman or the person | 4 | | designated by the State Ombudsman to disclose the files
and | 5 | | records, and the procedures shall prohibit the disclosure of | 6 | | the identity
of any complainant, resident, participant, | 7 | | witness, or employee of a long term care provider
unless:
| 8 | | (1) the complainant, resident, participant, witness, | 9 | | or employee of a long term care
provider or his or her | 10 | | legal representative consents to the disclosure and the
| 11 | | consent is in writing;
| 12 | | (2) the complainant, resident, participant, witness, | 13 | | or employee of a long term care
provider gives consent | 14 | | orally; and the consent is documented contemporaneously
in | 15 | | writing in
accordance with such requirements as the | 16 | | Department shall establish; or
| 17 | | (3) the disclosure is required by court order.
| 18 | | (h) Legal representation. The Attorney General shall
| 19 | | provide legal representation to any representative of the | 20 | | Office
against
whom suit or other legal action is brought in | 21 | | connection with the
performance of the representative's | 22 | | official duties, in accordance with the
State Employee | 23 | | Indemnification Act.
| 24 | | (i) Treatment by prayer and spiritual means. Nothing in | 25 | | this Act shall
be construed to authorize or require the | 26 | | medical supervision, regulation
or control of remedial care or |
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| 1 | | treatment of any resident in a long term
care facility | 2 | | operated exclusively by and for members or adherents of any
| 3 | | church or religious denomination the tenets and practices of | 4 | | which include
reliance solely upon spiritual means through | 5 | | prayer for healing.
| 6 | | (j) The Long Term Care Ombudsman Fund is created as a | 7 | | special fund in the State treasury to receive moneys for the | 8 | | express purposes of this Section. All interest earned on | 9 | | moneys in the fund shall be credited to the fund. Moneys | 10 | | contained in the fund shall be used to support the purposes of | 11 | | this Section. | 12 | | (k) Each Regional Ombudsman may, in accordance with rules | 13 | | promulgated by the Office, establish a multi-disciplinary team | 14 | | to act in an advisory role for the purpose of providing | 15 | | professional knowledge and expertise in handling complex | 16 | | abuse, neglect, and advocacy issues involving participants. | 17 | | Each multi-disciplinary team may consist of one or more | 18 | | volunteer representatives from any combination of at least 7 | 19 | | members from the following professions: banking or finance; | 20 | | disability care; health care; pharmacology; law; law | 21 | | enforcement; emergency responder; mental health care; clergy; | 22 | | coroner or medical examiner; substance abuse; domestic | 23 | | violence; sexual assault; or other related fields. To support | 24 | | multi-disciplinary teams in this role, law enforcement | 25 | | agencies and coroners or medical examiners shall supply | 26 | | records as may be requested in particular cases. The Regional |
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| 1 | | Ombudsman, or his or her designee, of the area in which the | 2 | | multi-disciplinary team is created shall be the facilitator of | 3 | | the multi-disciplinary team. | 4 | | (Source: P.A. 98-380, eff. 8-16-13; 98-989, eff. 1-1-15; | 5 | | 99-180, eff. 7-29-15; 99-712, eff. 8-5-16.)
| 6 | | Section 10. The Assisted Living and Shared Housing Act is | 7 | | amended by adding Section 73 as follows: | 8 | | (210 ILCS 9/73 new) | 9 | | Sec. 73. Posting of Long Term Care Ombudsman Program | 10 | | information. | 11 | | (a) Except as provided under subsection (b), all licensed | 12 | | establishments shall post on the home page of the | 13 | | establishment's website the following: | 14 | | (1) The statement "The Illinois Long Term Care | 15 | | Ombudsman Program is a free resident advocacy service | 16 | | available to the public.". | 17 | | (2) The Long Term Care Ombudsman Program's statewide | 18 | | toll-free telephone number. | 19 | | (3) A link to the Long Term Care Ombudsman Program's | 20 | | website. | 21 | | (b) An establishment: | 22 | | (1) may comply with this Section by posting the | 23 | | required information on the website of the establishment's | 24 | | parent company if the establishment does not maintain a |
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| 1 | | unique website; and | 2 | | (2) is not required to comply with this Section if the | 3 | | establishment and any parent company do not maintain a | 4 | | website. | 5 | | Section 15. The Life Care Facilities Act is amended by | 6 | | adding Section 10.2 as follows: | 7 | | (210 ILCS 40/10.2 new) | 8 | | Sec. 10.2. Posting of Long Term Care Ombudsman Program | 9 | | information. | 10 | | (a) Except as provided under subsection (b), all licensed | 11 | | facilities shall post on the home page of the facility's | 12 | | website the following: | 13 | | (1) The statement "The Illinois Long Term Care | 14 | | Ombudsman Program is a free resident advocacy service | 15 | | available to the public.". | 16 | | (2) The Long Term Care Ombudsman Program's statewide | 17 | | toll-free telephone number. | 18 | | (3) A link to the Long Term Care Ombudsman Program's | 19 | | website. | 20 | | (b) A facility: | 21 | | (1) may comply with this Section by posting the | 22 | | required information on the website of the facility's | 23 | | parent company if the facility does not maintain a unique | 24 | | website; and |
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| 1 | | (2) is not required to comply with this Section if the | 2 | | facility and any parent company do not maintain a website. | 3 | | Section 20. The Nursing Home Care Act is amended by adding | 4 | | Section 3-613 as follows: | 5 | | (210 ILCS 45/3-613 new) | 6 | | Sec. 3-613. Posting of Long Term Care Ombudsman Program | 7 | | information. | 8 | | (a) Except as provided under subsection (b), all licensed | 9 | | facilities shall post on the home page of the facility's | 10 | | website the following: | 11 | | (1) The statement "The Illinois Long Term Care | 12 | | Ombudsman Program is a free resident advocacy service | 13 | | available to the public.". | 14 | | (2) The Long Term Care Ombudsman Program's statewide | 15 | | toll-free telephone number. | 16 | | (3) A link to the Long Term Care Ombudsman Program's | 17 | | website. | 18 | | (b) A facility: | 19 | | (1) may comply with this Section by posting the | 20 | | required information on the website of the facility's | 21 | | parent company if the facility does not maintain a unique | 22 | | website; and | 23 | | (2) is not required to comply with this Section if the | 24 | | facility and any parent company do not maintain a website. |
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| 1 | | Section 25. The MC/DD Act is amended by adding Section | 2 | | 3-613 as follows: | 3 | | (210 ILCS 46/3-613 new) | 4 | | Sec. 3-613. Posting of Long Term Care Ombudsman Program | 5 | | information. | 6 | | (a) Except as provided under subsection (b), all licensed | 7 | | facilities shall post on the home page of the facility's | 8 | | website the following: | 9 | | (1) The statement "The Illinois Long Term Care | 10 | | Ombudsman Program is a free resident advocacy service | 11 | | available to the public.". | 12 | | (2) The Long Term Care Ombudsman Program's statewide | 13 | | toll-free telephone number. | 14 | | (3) A link to the Long Term Care Ombudsman Program's | 15 | | website. | 16 | | (b) A facility: | 17 | | (1) may comply with this Section by posting the | 18 | | required information on the website of the facility's | 19 | | parent company if the facility does not maintain a unique | 20 | | website; and | 21 | | (2) is not required to comply with this Section if the | 22 | | facility and any parent company do not maintain a website. | 23 | | Section 30. The ID/DD Community Care Act is amended by |
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| 1 | | adding Section 3-613 as follows: | 2 | | (210 ILCS 47/3-613 new) | 3 | | Sec. 3-613. Posting of Long Term Care Ombudsman Program | 4 | | information. | 5 | | (a) Except as provided under subsection (b), all licensed | 6 | | facilities shall post on the home page of the facility's | 7 | | website the following: | 8 | | (1) The statement "The Illinois Long Term Care | 9 | | Ombudsman Program is a free resident advocacy service | 10 | | available to the public.". | 11 | | (2) The Long Term Care Ombudsman Program's statewide | 12 | | toll-free telephone number. | 13 | | (3) A link to the Long Term Care Ombudsman Program's | 14 | | website. | 15 | | (b) A facility: | 16 | | (1) may comply with this Section by posting the | 17 | | required information on the website of the facility's | 18 | | parent company if the facility does not maintain a unique | 19 | | website; and | 20 | | (2) is not required to comply with this Section if the | 21 | | facility and any parent company do not maintain a website.
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2023.".
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