Sen. Karina Villa

Filed: 1/19/2022





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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
6changing Sections 2-101, 2-112, 2-113, and 3-209 as follows:
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 State or federal law,
10the Constitution of the State of Illinois, or the Constitution
11of the United States solely on account of his or her status as
12a resident of a facility. All residents shall have the right to
13be treated with courtesy and respect by employees or persons
14providing medical services or care and shall have their human
15and civil rights maintained in all aspects of medical care as
16described in the State Operations Manual for Long-Term Care



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1Facilities. In accordance with 42 CFR Section 483.10,
2residents shall have their basic human needs, including, but
3not limited to, water, food, medication, toileting, and
4personal hygiene, accommodated in a timely manner, as defined
5by the resident and agreed upon by the interdisciplinary team.
6Residents shall have the right to maintain their autonomy as
7much as possible.
8(Source: P.A. 81-223.)
9    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)
10    Sec. 2-112. A resident shall be permitted to present
11grievances on behalf of himself or herself or others to the
12administrator, the Long-Term Care Facility Advisory Board, the
13residents' advisory council, State governmental agencies or
14other persons of his or her choice, free from restraint,
15interference, coercion, or discrimination and without threat
16of discharge or reprisal in any form or manner whatsoever. The
17administrator shall provide all residents or their
18representatives with the name, address, and telephone number
19of the appropriate State governmental office where complaints
20may be lodged. Every facility licensed under this Act shall
21have a written internal grievance procedure that, at a
23        (1) sets forth the process to be followed;
24        (2) specifies time limits, including time limits for
25    facility response;



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1        (3) informs the resident of his or her right to have
2    the assistance of an advocate;
3        (4) requires a written response to written grievances;
4        (5) provides for a timely decision within 25 days by
5    an impartial and nonaffiliated third party, including, but
6    not limited to, the State's ombudsman, if the grievance is
7    not otherwise resolved by the facility;
8        (6) requires the facility to follow applicable State
9    and federal requirements for responding to and reporting
10    any grievance alleging potential abuse, neglect,
11    misappropriation of resident property, or exploitation;
12    and
13        (7) requires the facility to keep a copy of all
14    grievances, responses, and outcomes for 3 years and
15    provide that information to the Department upon request.
16    In accordance with F574 of the State Operations Manual for
17Long-Term Care Facilities, the administrator shall provide all
18residents, or their representatives, upon admission and at
19request, with the name, address, and telephone number of the
20State office where complaints may be lodged in language the
21resident can understand. This information must include notice
22of the grievance procedure of the facility or program, as well
23as addresses and phone numbers for the Office of Healthcare
24Regulation and the Long-Term Care Ombudsman Program.
25(Source: P.A. 81-223.)



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1    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)
2    Sec. 2-113. A resident may refuse to perform labor for a
3facility. Residents shall not perform labor or services for
4the facility unless consistent with F566 of the State
5Operations Manual for Long-Term Care Facilities. The
6activities must be included for therapeutic purposes and be
7appropriately goal-related to the individual's care plan. If a
8resident chooses to perform labor or services he or she must be
9compensated at or above the prevailing wage rate.
10(Source: P.A. 81-223.)
11    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
12    Sec. 3-209. Required posting of information.
13    (a) Every facility shall conspicuously post for display in
14an area of its offices accessible to residents, employees, and
15visitors the following:
16        (1) Its current license;
17        (2) A description, provided by the Department, of
18    complaint procedures established under this Act and the
19    name, address, and telephone number of a person authorized
20    by the Department to receive complaints;
21        (3) A copy of any order pertaining to the facility
22    issued by the Department or a court; and
23        (4) A list of the material available for public
24    inspection under Section 3-210; .
25        (5) Phone numbers and websites for rights protection



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1    services must be posted in common areas and posted at the
2    main entrance to ensure it is visible to outside visitors
3    and provided upon entry and at the request of residents or
4    the resident's representative in accordance with 42 CFR
5    483.10(j)(4); and
6        (6) In accordance with F574 of the State Operations
7    Manual for Long-Term Care Facilities, the administrator
8    shall post for all residents and at the main entrance, to
9    ensure it is visible to outside visitors, the name,
10    address, and telephone number of the State office where
11    complaints may be lodged in language the resident can
12    understand. The posting must include notice of the
13    grievance procedure of the facility or program, addresses
14    and phone numbers for the Office of Health Care Regulation
15    and the Long-Term Care Ombudsman Program, and website
16    showing the information of a facility's ownership.
17    (b) A facility that has received a notice of violation for
18a violation of the minimum staffing requirements under Section
193-202.05 shall display, during the period of time the facility
20is out of compliance, a notice stating in Calibri (body) font
21and 26-point type in black letters on an 8.5 by 11 inch white
22paper the following:
23"Notice Dated: ...................
24This facility does not currently meet the minimum staffing
25ratios required by law. Posted at the direction of the



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1Illinois Department of Public Health.".
2The notice must be posted, at a minimum, at all publicly used
3exterior entryways into the facility, inside the main entrance
4lobby, and next to any registration desk for easily accessible
5viewing. The notice must also be posted on the main page of the
6facility's website. The Department shall have the discretion
7to determine the gravity of any violation and, taking into
8account mitigating and aggravating circumstances and facts,
9may reduce the requirement of, and amount of time for, posting
10the notice.
11(Source: P.A. 101-10, eff. 6-5-19.)".