Sen. Karina Villa

Filed: 4/15/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1633, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Nursing Home Care Act is amended by adding
6Section 2-100 and by changing Sections 2-101, 2-112, and 3-209
7as follows:
8    (210 ILCS 45/2-100 new)
9    Sec. 2-100. Legislative purpose; public policy. It is the
10public policy of the State of Illinois that facilities
11licensed under this Act are an important part of the continuum
12of long-term care and must be supported and preserved to
13ensure that the long-term care needs of residents, current and
14future, remain a priority for the State of Illinois. In
15support of this goal, it is imperative that the State,
16facilities, residents, and residents' families work in



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1partnership to address the needs of residents and facilities
2in an ever-changing environment. Sufficient support and
3flexibility must be provided to facilities and facility staff
4as they work to preserve each person's dignity, individuality,
5and decision-making ability and promote each person's health,
6safety, and welfare.
7    (210 ILCS 45/2-101)  (from Ch. 111 1/2, par. 4152-101)
8    Sec. 2-101. No resident shall be deprived of any rights,
9benefits, or privileges guaranteed by law, the Constitution of
10the State of Illinois, or the Constitution of the United
11States solely on account of his or her status as a resident of
12a facility.
13(Source: P.A. 81-223.)
14    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)
15    Sec. 2-112. A resident shall be permitted to present
16grievances on behalf of himself or others to the
17administrator, the Long-Term Care Facility Advisory Board, the
18residents' advisory council, State governmental agencies, or
19other persons of his or her choice, free from restraint,
20interference, coercion, or discrimination and without threat
21of discharge or reprisal in any form or manner whatsoever.
22Every facility shall have a written internal grievance
23procedure that, at a minimum: (1) must be posted in common
24areas and provided to the resident or resident's



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1representative; (2) requires the facility to review all
2grievances and provide a response; (3) requires the facility
3to follow applicable State and federal requirements for
4responding to and reporting any grievance alleging potential
5abuse, neglect, misappropriation of resident property, or
6exploitation; and (4) requires the facility to keep a copy of
7all grievances, responses, and outcomes for 3 years and
8provide the information to the Department upon request. The
9administrator shall provide all residents or their
10representatives with the name, address, and telephone number
11of the appropriate State governmental office where complaints
12may be lodged.
13(Source: P.A. 81-223.)
14    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
15    Sec. 3-209. Required posting of information.
16    (a) Every facility shall conspicuously post for display in
17an area of its offices accessible to residents, employees, and
18visitors the following:
19        (1) Its current license;
20        (2) A description, provided by the Department, of
21    complaint procedures established under this Act and the
22    name, address, and telephone number of a person authorized
23    by the Department to receive complaints;
24        (3) A copy of any order pertaining to the facility
25    issued by the Department or a court; and



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1        (4) A list of the material available for public
2    inspection under Section 3-210; and .
3        (5) All information required by 42 CFR 483.10(g)(5).
4    (b) A facility that has received a notice of violation for
5a violation of the minimum staffing requirements under Section
63-202.05 shall display, during the period of time the facility
7is out of compliance, a notice stating in Calibri (body) font
8and 26-point type in black letters on an 8.5 by 11 inch white
9paper the following:
10"Notice Dated: ...................
11This facility does not currently meet the minimum staffing
12ratios required by law. Posted at the direction of the
13Illinois Department of Public Health.".
14The notice must be posted, at a minimum, at all publicly used
15exterior entryways into the facility, inside the main entrance
16lobby, and next to any registration desk for easily accessible
17viewing. The notice must also be posted on the main page of the
18facility's website. The Department shall have the discretion
19to determine the gravity of any violation and, taking into
20account mitigating and aggravating circumstances and facts,
21may reduce the requirement of, and amount of time for, posting
22the notice.
23(Source: P.A. 101-10, eff. 6-5-19.)".