Sen. Karina Villa

Filed: 2/15/2022





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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. Residents shall have the right to be
13treated 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
16defined in the State Operations Manual for Long-Term Care



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



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1    and the nursing department if the grievance is care
2    related;
3        (5) provides for a timely response within 25 days by
4    an impartial and nonaffiliated third party, including, but
5    not limited to, the Long-Term Care Ombudsman, if the
6    grievance is not otherwise resolved by the facility;
7        (6) requires the facility to follow applicable State
8    and federal requirements for responding to and reporting
9    any grievance alleging potential abuse, neglect,
10    misappropriation of resident property, or exploitation;
11    and
12        (7) requires the facility to keep a copy of all
13    grievances, responses, and outcomes for 3 years and
14    provide the information to the Department upon request.
15    In accordance with F574 of the State Operations Manual for
16Long-Term Care Facilities, the administrator shall provide all
17residents or their representatives upon admission and at
18request with the name, address, and telephone number of the
19appropriate State governmental office where complaints may be
20lodged in language the resident can understand, which must
21include notice of the grievance procedure of the facility or
22program and addresses and phone numbers for the Office of
23Health Care Regulation and the Long-Term Care Ombudsman
24Program. The administrator shall provide all residents or
25their representatives with the name, address, and telephone
26number of the appropriate State governmental office where



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1complaints may be lodged.
2(Source: P.A. 81-223.)
3    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)
4    Sec. 2-113. A resident may refuse to perform labor for a
5facility. Residents shall not perform labor or services for
6the facility unless consistent with F566 of the State
7Operations Manual for Long-Term Care Facilities. The
8activities must be included for therapeutic purposes and be
9appropriately goal related to the individual's care plan. If a
10resident chooses to perform labor or services, the resident
11must be compensated at or above the prevailing wage rate.
12(Source: P.A. 81-223.)
13    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
14    Sec. 3-209. Required posting of information.
15    (a) Every facility shall conspicuously post for display in
16an area of its offices accessible to residents, employees, and
17visitors the following:
18        (1) Its current license;
19        (2) A description, provided by the Department, of
20    complaint procedures established under this Act and the
21    name, address, and telephone number of a person authorized
22    by the Department to receive complaints;
23        (3) A copy of any order pertaining to the facility
24    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) Phone numbers and websites for rights protection
4    services must be posted in common areas and posted at the
5    main entrance to ensure it is visible to outside visitors
6    and provided upon entry and at the request of residents or
7    the resident's representative in accordance with 42 CFR
8    483.10(j)(4).
9    In accordance with F574 of the State Operations Manual for
10Long-Term Care Facilities, the administrator shall post for
11all residents and at the main entrance, to ensure it is visible
12to outside visitors, the name, address, and telephone number
13of the appropriate State governmental office where complaints
14may be lodged in language the resident can understand, which
15must include notice of grievance procedure of the facility or
16program as well as addresses and phone numbers for the Office
17of Health Care Regulation and the Long-Term Care Ombudsman
18Program and a website showing the information of a facility's
20    (b) A facility that has received a notice of violation for
21a violation of the minimum staffing requirements under Section
223-202.05 shall display, during the period of time the facility
23is out of compliance, a notice stating in Calibri (body) font
24and 26-point type in black letters on an 8.5 by 11 inch white
25paper the following:



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1"Notice Dated: ...................
2This facility does not currently meet the minimum staffing
3ratios required by law. Posted at the direction of the
4Illinois Department of Public Health.".
5The notice must be posted, at a minimum, at all publicly used
6exterior entryways into the facility, inside the main entrance
7lobby, and next to any registration desk for easily accessible
8viewing. The notice must also be posted on the main page of the
9facility's website. The Department shall have the discretion
10to determine the gravity of any violation and, taking into
11account mitigating and aggravating circumstances and facts,
12may reduce the requirement of, and amount of time for, posting
13the notice.
14(Source: P.A. 101-10, eff. 6-5-19.)".