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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nursing Home Care Act is amended by
5changing Sections 2-101, 2-112, 2-113, and 3-209 as follows:
6    (210 ILCS 45/2-101)  (from Ch. 111 1/2, par. 4152-101)
7    Sec. 2-101. No resident shall be deprived of any rights,
8benefits, or privileges guaranteed by State or federal law,
9the Constitution of the State of Illinois, or the Constitution
10of the United States solely on account of his or her status as
11a resident of a facility. Residents shall have the right to be
12treated with courtesy and respect by employees or persons
13providing medical services or care and shall have their human
14and civil rights maintained in all aspects of medical care as
15defined in the State Operations Manual for Long-Term Care
16Facilities. In accordance with 42 CFR 483.10, residents shall
17have their basic human needs, including, but not limited to,
18water, food, medication, toileting, and personal hygiene,
19accommodated in a timely manner, as defined by the person and
20agreed upon by the interdisciplinary team. Residents have the
21right to maintain their autonomy as much as possible.
22(Source: P.A. 81-223.)



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1    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)
2    Sec. 2-112. A resident shall be permitted to present
3grievances on behalf of himself or others to the
4administrator, the Long-Term Care Facility Advisory Board, the
5residents' advisory council, State governmental agencies, or
6other persons of the resident's choice, free from restraint,
7interference, coercion, or discrimination and without threat
8of discharge or reprisal in any form or manner whatsoever.
9Every facility licensed under this Act shall have a written
10internal grievance procedure that, at a minimum:
11        (1) sets forth the process to be followed;
12        (2) specifies time limits, including time limits for
13    facility response;
14        (3) informs residents of their right to have the
15    assistance of an advocate;
16        (4) provides for a timely response within 25 days by
17    an impartial and nonaffiliated third party, including, but
18    not limited to, the Long-Term Care Ombudsman, if the
19    grievance is not otherwise resolved by the facility;
20        (5) requires the facility to follow applicable State
21    and federal requirements for responding to and reporting
22    any grievance alleging potential abuse, neglect,
23    misappropriation of resident property, or exploitation;
24    and
25        (6) requires the facility to keep a copy of all
26    grievances, responses, and outcomes for 3 years and



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1    provide the information to the Department upon request.
2    In accordance with F574 of the State Operations Manual for
3Long-Term Care Facilities, the administrator shall provide all
4residents or their representatives upon admission and at
5request with the name, address, and telephone number of the
6appropriate State governmental office where complaints may be
7lodged in language the resident can understand, which must
8include notice of the grievance procedure of the facility or
9program and addresses and phone numbers for the Office of
10Health Care Regulation and the Long-Term Care Ombudsman
11Program. The administrator shall provide all residents or
12their representatives with the name, address, and telephone
13number of the appropriate State governmental office where
14complaints may be lodged.
15(Source: P.A. 81-223.)
16    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)
17    Sec. 2-113. A resident may refuse to perform labor for a
18facility. Residents shall not perform labor or services for
19the facility unless consistent with F566 of the State
20Operations Manual for Long-Term Care Facilities. The
21activities must be included for therapeutic purposes and be
22appropriately goal related to the individual's care plan. If a
23resident chooses to perform labor or services, the resident
24must be compensated at or above the prevailing wage rate.
25(Source: P.A. 81-223.)



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1    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
2    Sec. 3-209. Required posting of information.
3    (a) Every facility shall conspicuously post for display in
4an area of its offices accessible to residents, employees, and
5visitors the following:
6        (1) Its current license;
7        (2) A description, provided by the Department, of
8    complaint procedures established under this Act and the
9    name, address, and telephone number of a person authorized
10    by the Department to receive complaints;
11        (3) A copy of any order pertaining to the facility
12    issued by the Department or a court; and
13        (4) A list of the material available for public
14    inspection under Section 3-210; .
15        (5) Phone numbers and websites for rights protection
16    services must be posted in common areas and at the main
17    entrance and provided upon entry and at the request of
18    residents or the resident's representative in accordance
19    with 42 CFR 483.10(j)(4); and
20        (6) The statement "The Illinois Long-Term Care
21    Ombudsman Program is a free resident advocacy service
22    available to the public.".
23    In accordance with F574 of the State Operations Manual for
24Long-Term Care Facilities, the administrator shall post for
25all residents and at the main entrance the name, address, and



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1telephone number of the appropriate State governmental office
2where complaints may be lodged in language the resident can
3understand, which must include notice of the grievance
4procedure of the facility or program as well as addresses and
5phone numbers for the Office of Health Care Regulation and the
6Long-Term Care Ombudsman Program and a website showing the
7information of a facility's ownership. The facility shall
8include a link to the Long-Term Care Ombudsman Program's
9website on the home page of the facility's website.
10    (b) A facility that has received a notice of violation for
11a violation of the minimum staffing requirements under Section
123-202.05 shall display, during the period of time the facility
13is out of compliance, a notice stating in Calibri (body) font
14and 26-point type in black letters on an 8.5 by 11 inch white
15paper the following:
16"Notice Dated: ...................
17This facility does not currently meet the minimum staffing
18ratios required by law. Posted at the direction of the
19Illinois Department of Public Health.".
20The notice must be posted, at a minimum, at all publicly used
21exterior entryways into the facility, inside the main entrance
22lobby, and next to any registration desk for easily accessible
23viewing. The notice must also be posted on the main page of the
24facility's website. The Department shall have the discretion



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1to determine the gravity of any violation and, taking into
2account mitigating and aggravating circumstances and facts,
3may reduce the requirement of, and amount of time for, posting
4the notice.
5(Source: P.A. 101-10, eff. 6-5-19.)