SB2137 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2137

 

Introduced 2/26/2021, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-102.3 new
5 ILCS 100/5-45.8 new

    Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately.


LRB102 16414 CPF 21804 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2137LRB102 16414 CPF 21804 b

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 adding
5Section 3-102.3 as follows:
 
6    (210 ILCS 45/3-102.3 new)
7    Sec. 3-102.3. Religious and recreational activities;
8social isolation.
9    (a) In this Section:
10    "Religious and recreational activities" includes any
11religious, social, or recreational activity that is consistent
12with a resident's preferences and choosing, regardless of
13whether the activity is coordinated, offered, provided, or
14sponsored by facility staff or by an outside activities
15provider.
16    "Social isolation" means a state of isolation wherein a
17resident of a long-term care facility is unable to engage in
18social interactions and religious and recreational activities
19with other facility residents or with family members, friends,
20loved ones, caregivers and external support systems.
21    (b) The Department shall require each long-term care
22facility in the State, as a condition of facility licensure,
23to adopt and implement written policies, provide for the

 

 

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1availability of technology to facility residents, and ensure
2that appropriate staff and other capabilities are in place to
3prevent the social isolation of facility residents.
4    (c) The social isolation prevention policies adopted by
5each long-term care facility pursuant to subsection (b) shall:
6        (1) authorize, and include specific protocols and
7    procedures to encourage and enable, residents of the
8    facility to engage in in-person contact, communication,
9    religious activity, and recreational activity with other
10    facility residents and with family members, friends, loved
11    ones, caregivers, and other external support systems,
12    except when the in-person contact, communication,
13    religious activity, or recreational activity is
14    prohibited, restricted, or limited by federal or State
15    statute, rule, or regulation;
16        (2) authorize, and include specific protocols and
17    procedures to encourage and enable, residents to engage in
18    face-to-face, verbal-based, or auditory-based contact,
19    communication, religious activity, and recreational
20    activity with other facility residents and with family
21    members, friends, loved ones, caregivers, and other
22    external support systems, through the use of electronic or
23    virtual means and methods, including, but not limited to,
24    computer technology, the Internet, social media,
25    videoconferencing, and other innovative technological
26    means or methods, whenever the resident is subject to

 

 

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1    restrictions that limit his or her ability to engage in
2    in-person contact, communication, religious activity, or
3    recreational activity as authorized by paragraph (1);
4        (3) provide for residents of the facility to be given
5    access to assistive and supportive technology as may be
6    necessary to facilitate the residents' engagement in
7    face-to-face, verbal-based, or auditory-based contact,
8    communication, religious activity, and recreational
9    activity with other residents, family members, friends,
10    and other external support systems, through electronic
11    means, as provided by paragraph (2);
12        (4) include specific administrative policies,
13    procedures, and protocols governing:
14            (A) the acquisition, maintenance, and replacement
15        of computers, videoconferencing equipment,
16        distance-based communications technology, assistive
17        and supportive technology and devices, and other
18        technological equipment, accessories, and electronic
19        licenses as may be necessary to ensure that residents
20        are able to engage in face-to-face, verbal-based, or
21        auditory-based contact, communication, religious
22        activity, and recreational activity with other
23        facility residents and with family members, friends,
24        loved ones, caregivers, and other external support
25        systems, through electronic means, in accordance with
26        the provisions of paragraphs (2) and (3) of this

 

 

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1        subsection;
2            (B) the use of environmental barriers and other
3        controls when the equipment and devices acquired
4        pursuant to subparagraph (A) are in use, especially in
5        cases where the equipment or devices are likely to
6        become contaminated with bodily substances, are
7        touched frequently with gloved or ungloved hands, or
8        are difficult to clean; and
9            (C) the regular cleaning of the equipment and
10        devices acquired pursuant to subparagraph (A) and any
11        environmental barriers or other physical controls used
12        in association therewith;
13        (5) require appropriate staff to assess and regularly
14    reassess the individual needs and preferences of facility
15    residents with respect to the residents' participation in
16    social interactions and religious and recreational
17    activities, including specific protocols and procedures to
18    ensure that the quantity of devices and equipment
19    maintained on-site at the facility remains sufficient, at
20    all times, to meet the assessed social and activity needs
21    and preferences of each facility resident; family members
22    or caregivers should be considered, as appropriate, in the
23    assessment and reassessment;
24        (6) require appropriate staff, upon the request of a
25    resident or the resident's family members, guardian, or
26    representative to develop an individualized visitation

 

 

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1    plan for the resident, which shall:
2            (A) identify the assessed needs and preferences of
3        the resident and any preferences specified by the
4        resident's family members;
5            (B) address the need for a visitation schedule and
6        establish a visitation schedule if deemed to be
7        appropriate;
8            (C) describe the location and modalities to be
9        used in visitation; and
10            (D) describe the respective responsibilities of
11        staff, visitors, and the resident when engaging in
12        visitation pursuant to the individualized visitation
13        plan;
14        (7) notify the resident and the resident's
15    representative that they have the right to request of
16    facility staff the creation and review of a resident's
17    individualized visitation plan;
18        (8) include specific policies, protocols, and
19    procedures governing a resident's requisition, use, and
20    return of devices and equipment maintained pursuant to
21    subparagraph (A) of paragraph (4), and require appropriate
22    staff to communicate those policies, protocols, and
23    procedures to residents; and
24        (9) designate at least one member of the therapeutic
25    recreation or activities department, or, if the facility
26    does not have such a department, designate at least one

 

 

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1    senior staff member, as determined by facility management,
2    to train other appropriate facility employees, including,
3    but not limited to, activities professionals and
4    volunteers, social workers, occupational therapists, and
5    therapy assistants, to provide direct assistance to
6    residents upon request and on an as-needed basis, as
7    necessary to ensure that each resident is able to
8    successfully access and use, for the purposes specified in
9    paragraphs (2) and (3) of this subsection, the technology,
10    devices, and equipment acquired pursuant to subparagraph
11    (A) of paragraph (4).
12    (d) The Department shall distribute civil monetary penalty
13funds, as approved by the federal Centers for Medicare and
14Medicaid Services, and any other available federal and State
15funds, upon request, to facilities for communicative
16technologies and accessories needed for the purposes of this
17Section.
18    (e) Whenever the Department conducts an inspection of a
19long-term care facility, the Department's inspector shall
20determine whether the long-term facility is in compliance with
21the provisions of this Section and the policies, protocols,
22and procedures adopted pursuant to this Section.
23    In addition to any other applicable penalties provided by
24law, a long-term care facility that fails to comply with the
25provisions of this Section or properly implement the policies,
26protocols, and procedures adopted pursuant to subsection (b)

 

 

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1shall be liable to pay an administrative penalty, the amount
2of which shall be determined in accordance with a schedule
3established by the Department by rule. The schedule shall
4provide for an enhanced administrative penalty in the case of
5a repeat or ongoing violation.
6    (f) Whenever a complaint received by the Office of State
7Long Term Care Ombudsman discloses evidence that a long-term
8care facility has failed to comply with the provisions of this
9Section or to properly implement the policies, protocols, and
10procedures adopted pursuant to subsection (b), the Office of
11State Long Term Care Ombudsman shall refer the matter to the
12Department.
13    (g) This Section does not impact, limit, or constrict a
14resident's right to or usage of his or her personal property or
15electronic monitoring under Section 2-115.
16    (h) Within 60 days after the effective date of this
17amendatory Act of the 102nd General Assembly, the Department
18shall adopt any rules necessary to implement the provisions of
19this Section. The rules shall include, but need not be limited
20to, minimum standards for the social isolation prevention
21policies to be adopted pursuant to subsection (b) and a
22penalty schedule to be used pursuant to subsection (e).
 
23    Section 10. The Illinois Administrative Procedure Act is
24amended by adding Section 5-45.8 as follows:
 

 

 

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1    (5 ILCS 100/5-45.8 new)
2    Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act.
3To provide for the expeditious and timely implementation of
4this amendatory Act of the 102nd General Assembly, emergency
5rules implementing Section 3-102.3 of the Nursing Home Care
6Act may be adopted in accordance with Section 5-45 by the
7Department of Public Health. The adoption of emergency rules
8authorized by Section 5-45 and this Section is deemed to be
9necessary for the public interest, safety, and welfare.
10    This Section is repealed on January 1, 2027.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.