Sen. Karina Villa

Filed: 4/7/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1633 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Nursing Home Care Act is amended by adding
5Section 2-100 and by changing Sections 2-101, 2-104, and 2-112
6as follows:
7    (210 ILCS 45/2-100 new)
8    Sec. 2-100. Legislative purpose; public policy. It is the
9public policy of the State of Illinois that facilities
10licensed under this Act are an important part of the continuum
11of long-term care and must be supported and preserved to
12ensure that the long-term care needs of residents, current and
13future, remain a priority for the State of Illinois. In
14support of this goal, it is imperative that the State,
15facilities, residents, and residents' families work in
16partnership to address the needs of residents and facilities



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1in an ever-changing environment. Sufficient support and
2flexibility must be provided to facilities and facility staff
3as they work to preserve each person's dignity, individuality,
4and decision-making ability and promote each person's health,
5safety, and welfare.
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 law, the Constitution of
9the State of Illinois, or the Constitution of the United
10States solely on account of his or her status as a resident of
11a facility.
12(Source: P.A. 81-223.)
13    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
14    Sec. 2-104. (a) A resident shall be permitted to retain
15the services of his own personal physician at his own expense
16or under an individual or group plan of health insurance, or
17under any public or private assistance program providing such
18coverage. However, the facility is not liable for the
19negligence of any such personal physician. Every resident
20shall be permitted to obtain from his own physician or the
21physician attached to the facility complete and current
22information concerning his medical diagnosis, treatment and
23prognosis in terms and language the resident can reasonably be
24expected to understand. Every resident shall be permitted to



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1participate in the planning of his total care and medical
2treatment to the extent that his condition permits. Phone
3numbers and websites for rights protection services must be
4posted in common areas and provided upon the request of a
5resident. No resident shall be subjected to experimental
6research or treatment without first obtaining his informed,
7written consent. The conduct of any experimental research or
8treatment shall be authorized and monitored by an
9institutional review board appointed by the Director. The
10membership, operating procedures and review criteria for the
11institutional review board shall be prescribed under rules and
12regulations of the Department and shall comply with the
13requirements for institutional review boards established by
14the federal Food and Drug Administration. No person who has
15received compensation in the prior 3 years from an entity that
16manufactures, distributes, or sells pharmaceuticals,
17biologics, or medical devices may serve on the institutional
18review board.
19    The institutional review board may approve only research
20or treatment that meets the standards of the federal Food and
21Drug Administration with respect to (i) the protection of
22human subjects and (ii) financial disclosure by clinical
23investigators. The Office of State Long Term Care Ombudsman
24and the State Protection and Advocacy organization shall be
25given an opportunity to comment on any request for approval
26before the board makes a decision. Those entities shall not be



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1provided information that would allow a potential human
2subject to be individually identified, unless the board asks
3the Ombudsman for help in securing information from or about
4the resident. The board shall require frequent reporting of
5the progress of the approved research or treatment and its
6impact on residents, including immediate reporting of any
7adverse impact to the resident, the resident's representative,
8the Office of the State Long Term Care Ombudsman, and the State
9Protection and Advocacy organization. The board may not
10approve any retrospective study of the records of any resident
11about the safety or efficacy of any care or treatment if the
12resident was under the care of the proposed researcher or a
13business associate when the care or treatment was given,
14unless the study is under the control of a researcher without
15any business relationship to any person or entity who could
16benefit from the findings of the study.
17    No facility shall permit experimental research or
18treatment to be conducted on a resident, or give access to any
19person or person's records for a retrospective study about the
20safety or efficacy of any care or treatment, without the prior
21written approval of the institutional review board. No nursing
22home administrator, or person licensed by the State to provide
23medical care or treatment to any person, may assist or
24participate in any experimental research on or treatment of a
25resident, including a retrospective study, that does not have
26the prior written approval of the board. Such conduct shall be



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1grounds for professional discipline by the Department of
2Financial and Professional Regulation.
3    The institutional review board may exempt from ongoing
4review research or treatment initiated on a resident before
5the individual's admission to a facility and for which the
6board determines there is adequate ongoing oversight by
7another institutional review board. Nothing in this Section
8shall prevent a facility, any facility employee, or any other
9person from assisting or participating in any experimental
10research on or treatment of a resident, if the research or
11treatment began before the person's admission to a facility,
12until the board has reviewed the research or treatment and
13decided to grant or deny approval or to exempt the research or
14treatment from ongoing review.
15    The institutional review board requirements of this
16subsection (a) do not apply to investigational drugs,
17biological products, or devices used by a resident with a
18terminal illness as set forth in the Right to Try Act.
19    (b) All medical treatment and procedures shall be
20administered as ordered by a physician. All new physician
21orders shall be reviewed by the facility's director of nursing
22or charge nurse designee within 24 hours after such orders
23have been issued to assure facility compliance with such
25    All physician's orders and plans of treatment shall have
26the authentication of the physician. For the purposes of this



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1subsection (b), "authentication" means an original written
2signature or an electronic signature system that allows for
3the verification of a signer's credentials. A stamp signature,
4with or without initials, is not sufficient.
5    According to rules adopted by the Department, every woman
6resident of child-bearing age shall receive routine
7obstetrical and gynecological evaluations as well as necessary
8prenatal care.
9    (c) Every resident shall be permitted to refuse medical
10treatment and to know the consequences of such action, unless
11such refusal would be harmful to the health and safety of
12others and such harm is documented by a physician in the
13resident's clinical record. The resident's refusal shall free
14the facility from the obligation to provide the treatment.
15    (d) Every resident, resident's guardian, or parent if the
16resident is a minor shall be permitted to inspect and copy all
17his clinical and other records concerning his care and
18maintenance kept by the facility or by his physician. The
19facility may charge a reasonable fee for duplication of a
21    (e) A resident shall not perform labor or services for a
22facility unless those activities are included for therapeutic
23purposes and appropriately goal-related in his or her
24individual medical record.
25(Source: P.A. 99-270, eff. 1-1-16.)



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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 his or her choice, free from restraint,
7interference, coercion, or discrimination and without threat
8of discharge or reprisal in any form or manner whatsoever.
9Every facility shall have a written internal grievance
10procedure that, at a minimum: (1) must be posted in common
11areas and provided to the resident or resident's
12representative; (2) requires the facility to review all
13grievances and provide a response; (3) requires the facility
14to follow applicable State and federal requirements for
15responding to and reporting any grievance alleging potential
16abuse, neglect, misappropriation of resident property, or
17exploitation; and (4) requires the facility to keep a copy of
18all grievances, responses, and outcomes for 3 years and
19provide the information to the Department upon request. The
20administrator shall post in common areas and provide all
21residents or their representatives with the name, address, and
22telephone number of the appropriate State governmental office
23where complaints may be lodged. The administrator shall
24provide all residents or their representatives with the name,
25address, and telephone number of the appropriate State
26governmental office where complaints may be lodged.



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1(Source: P.A. 81-223.)".