Illinois General Assembly - Full Text of SB2137
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Full Text of SB2137  102nd General Assembly


Rep. Anna Moeller

Filed: 5/14/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Findings.
5    (1) The General Assembly finds that contact with family,
6friends, and clergy is an integral part of the quality of life
7for nursing home residents. Social isolation has long been a
8trigger for declining mental and physical health. While the
9digital revolution creates a new approach for community
10connectedness, the State of Illinois stands firmly in
11agreement with the body of research that shows in-person
12interactions is the preferable and more impactful avenue for
13family, friends, and clergy to connect with and support
14nursing home residents and supports virtual visitation
15programs as a supplement to in-person interactions.
16Furthermore, the State of Illinois looks to government payor
17sources and integrated entities of the health care system,



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1including Medicaid managed care organizations, as key
2stakeholders in providing the adequate resources for residents
3to digitally connect with loved ones near and far.
4    (2) The General Assembly further finds that use of
5electronic devices to make and maintain contact with nursing
6home residents is a new approach and as such must be approached
7with care to ensure the protection of nursing home residents
8from those who would seek to harm or defraud them using this
9new technology.
10    Section 5. The Nursing Home Care Act is amended by adding
11Section 3-102.3 as follows:
12    (210 ILCS 45/3-102.3 new)
13    Sec. 3-102.3. Religious and recreational activities;
14social isolation.
15    (a) In this Section:
16    "Assistive and supportive technology and devices" means
17computers, video conferencing equipment, distance based
18communication technology, or other technological equipment,
19accessories, or electronic licenses as may be necessary to
20ensure that residents are able to engage in face-to-face,
21verbal-based, or auditory-based contact, communication,
22religious activity, or recreational activity with other
23facility residents and with family members, friends, loved
24ones, caregivers, and other external support systems, through



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1electronic means, in accordance with the provisions of
2paragraphs (2) and (3) of subsection (c).
3    "Religious and recreational activities" includes any
4religious, social, or recreational activity that is consistent
5with a resident's preferences and choosing, regardless of
6whether the activity is coordinated, offered, provided, or
7sponsored by facility staff or by an outside activities
9    "Resident's representative" has the same meaning as
10provided in Section 1-123.
11    "Social isolation" means a state of isolation wherein a
12resident of a long-term care facility is unable to engage in
13social interactions and religious and recreational activities
14with other facility residents or with family members, friends,
15loved ones, caregivers and external support systems.
16    "Virtual visitation" means the use of face-to-face,
17verbal-based, or auditory-based contact through electronic
19    (b) The Department shall:
20        (1) require each long-term care facility in the State
21    to adopt and implement written policies, provide for the
22    availability of assistive and supportive technology and
23    devices to facility residents, and ensure that appropriate
24    staff are in place to help prevent the social isolation of
25    facility residents; and
26        (2) communicate regularly with the Department of



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1    Healthcare and Family Services and the Department on Aging
2    regarding intergovernmental cooperation concerning best
3    practices for potential funding for facilities to mitigate
4    the potential for racial disparities as an unintended
5    consequence of this Act.
6    The virtual visitation policies shall not be interpreted
7as a substitute for in-person visitation, but shall be wholly
8in addition to existing in-person visitation policies.
9    (c) The social isolation prevention policies adopted by
10each long-term care facility pursuant to subsection (b) shall
11be consistent with rights and privileges guaranteed to
12residents and constraints provided under Sections 2-108,
132-109, and 2-110 and shall include the following:
14        (1) authorization and inclusion of specific protocols
15    and procedures to encourage and enable residents of the
16    facility to engage in in-person contact, communication,
17    religious activity, and recreational activity with other
18    facility residents and with family members, friends, loved
19    ones, caregivers, and other external support systems,
20    except when prohibited, restricted, or limited by federal
21    or State statute, rule, regulation, executive order, or
22    guidance;
23        (2) authorization and inclusion of specific protocols
24    and procedures to encourage and enable residents to engage
25    in face-to-face, verbal-based, or auditory-based contact,
26    communication, religious activity, and recreational



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1    activity with other facility residents and with family
2    members, friends, loved ones, caregivers, and other
3    external support systems through the use of electronic or
4    virtual means and methods, including, but not limited to,
5    computer technology, the Internet, social media,
6    videoconferencing, videophone, and other innovative
7    technological means or methods, whenever the resident is
8    subject to restrictions that limit his or her ability to
9    engage in in-person contact, communication, religious
10    activity, or recreational activity as authorized by
11    paragraph (1) and when the technology requested is not
12    being used by other residents in the event of a limited
13    number of items of technology in a facility;
14        (3) a mechanism for residents of the facility or the
15    residents' representatives to request access to assistive
16    and supportive technology and devices as may be necessary
17    to facilitate the residents' engagement in face-to-face,
18    verbal-based, or auditory-based contact, communication,
19    religious activity, and recreational activity with other
20    residents, family members, friends, and other external
21    support systems, through electronic means, as provided by
22    paragraph (2);
23        (4) specific administrative policies, procedures, and
24    protocols governing:
25            (A) the acquisition, maintenance, and replacement
26        of assistive and supportive technology and devices;



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1            (B) the use of environmental barriers and other
2        controls when the assistive and supportive technology
3        and devices acquired pursuant to subparagraph (A) are
4        in use, especially in cases where the assistive and
5        supportive technology and devices are likely to become
6        contaminated with bodily substances, are touched
7        frequently, or are difficult to clean; and
8            (C) the regular cleaning of the assistive and
9        supportive technology and devices acquired pursuant to
10        subparagraph (A) and any environmental barriers or
11        other physical controls used in association therewith;
12        (5) a requirement that (i) upon admission and (ii) at
13    the request of a resident or the resident's
14    representative, appropriate staff shall develop and update
15    an individualized virtual visitation schedule while taking
16    into account the individual's requests and preferences
17    with respect to the residents' participation in social
18    interactions and religious and recreational activities;
19        (6) a requirement that appropriate staff, upon the
20    request of a resident or the resident's family members,
21    guardian, or representative, shall develop an
22    individualized virtual visitation schedule for the
23    resident, which shall:
24            (A) address the need for a virtual visitation
25        schedule and establish a virtual visitation schedule
26        if deemed to be appropriate;



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1            (B) identify the assessed needs and preferences of
2        the resident and any preferences specified by the
3        resident's representative, unless a preference
4        specified by the resident conflicts with a preference
5        specified by the resident's representative, in which
6        case the resident's preference shall take priority;
7            (C) document the long-term care facility's defined
8        virtual hours of visitation and inform the resident
9        and the resident's representative that virtual
10        visitation pursuant to paragraph (2) of subsection (c)
11        will adhere to the defined visitation hours;
12            (D) describe the location within the facility and
13        assistive and supportive technology and devices to be
14        used in virtual visitation; and
15            (E) describe the respective responsibilities of
16        staff, visitors, and the resident when engaging in
17        virtual visitation pursuant to the individualized
18        visitation plan;
19        (7) a requirement (i) upon admission and (ii) at the
20    request of the resident or the resident's representative,
21    to provide notification to the resident and the resident's
22    representative that they have the right to request of
23    facility staff the creation and review of a resident's
24    individualized virtual visitation schedule;
25        (8) a requirement (i) upon admission and (ii) at the
26    request of the resident or resident's representative, to



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1    provide, in writing to the resident or resident's
2    representative, virtual visitation hours, how to schedule
3    a virtual visitation, and how to request assistive and
4    supportive technology and devices;
5        (9) specific policies, protocols, and procedures
6    governing a resident's requisition, use, and return of
7    assistive and supportive technology and devices maintained
8    pursuant to subparagraph (A) of paragraph (4), and require
9    appropriate staff to communicate those policies,
10    protocols, and procedures to residents; and
11        (10) the designation of at least one member of the
12    therapeutic recreation or activities department, or, if
13    the facility does not have such a department, the
14    designation of at least one senior staff member, as
15    determined by facility management, to train other
16    appropriate facility employees, including, but not limited
17    to, activities professionals and volunteers, social
18    workers, occupational therapists, and therapy assistants,
19    to provide direct assistance to residents upon request and
20    on an as-needed basis, as necessary to ensure that each
21    resident is able to successfully access and use, for the
22    purposes specified in paragraphs (2) and (3) of this
23    subsection, the assistive and supportive technology and
24    devices acquired pursuant to subparagraph (A) of paragraph
25    (4).
26    (d) A long-term care facility may apply to the Department



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1for civil monetary penalty fund grants for assistive and
2supportive technology and devices and may request other
3available federal and State funds.
4    (e) The Department shall determine whether a long-term
5care facility is in compliance with the provisions of this
6Section and the policies, protocols, and procedures adopted
7pursuant to this Section in accordance with the Nursing Home
8Care Act for surveys and inspections.
9    In addition to any other applicable penalties provided by
10law, a long-term care facility that fails to comply with the
11provisions of this Section or properly implement the policies,
12protocols, and procedures adopted pursuant to subsection (b)
13shall be liable to pay an administrative penalty as a Type "C"
14violation, the amount of which shall be determined in
15accordance with a schedule established by the Department by
16rule. The schedule shall provide for an enhanced
17administrative penalty in the case of a repeat or ongoing
18violation. Implementation of an administrative penalty as a
19Type "C" violation under this subsection shall not be imposed
20prior to January 1, 2023.
21    (f) Whenever a complaint received by the Office of State
22Long Term Care Ombudsman discloses evidence that a long-term
23care facility has failed to comply with the provisions of this
24Section or to properly implement the policies, protocols, and
25procedures adopted pursuant to subsection (b), the Office of
26State Long Term Care Ombudsman shall refer the matter to the



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2    (g) This Section does not impact, limit, or constrict a
3resident's right to or usage of his or her personal property or
4electronic monitoring under Section 2-115.
5    (h) Specific protocols and procedures shall be developed
6to ensure that the quantity of assistive and supportive
7technology and devices maintained on-site at the facility
8remains sufficient, at all times, to meet the assessed social
9and activity needs and preferences of each facility resident.
10Residents' family members or caregivers should be considered,
11as appropriate, in the assessment and reassessment.
12    (i) Within 60 days after the effective date of this
13amendatory Act of the 102nd General Assembly, the Department
14shall file rules necessary to implement the provisions of this
15Section. The rules shall include, but need not be limited to,
16minimum standards for the social isolation prevention policies
17to be adopted pursuant to subsection (b), a penalty schedule
18to be used pursuant to subsection (e), and policies regarding
19a long-term care facility's Internet access and subsequent
20Internet barriers in relation to a resident's virtual
21visitation plan pursuant to paragraph (2) of subsection (c).
22    (j) The Department's rules under subsection (i) shall take
23into account Internet bandwidth limitations outside of the
24control of a long-term care facility.
25    (k) Nothing in this Section shall be interpreted to mean
26that addressing the issues of social isolation shall take



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1precedence over providing for the health and safety of the
3    Section 10. The Illinois Administrative Procedure Act is
4amended by adding Section 5-45.8 as follows:
5    (5 ILCS 100/5-45.8 new)
6    Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act.
7To provide for the expeditious and timely implementation of
8this amendatory Act of the 102nd General Assembly, emergency
9rules implementing Section 3-102.3 of the Nursing Home Care
10Act may be adopted in accordance with Section 5-45 by the
11Department of Public Health. The adoption of emergency rules
12authorized by Section 5-45 and this Section is deemed to be
13necessary for the public interest, safety, and welfare.
14    This Section is repealed on January 1, 2027.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".