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

SB2137sam001 102ND GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 4/9/2021

 

 


 

 


 
10200SB2137sam001LRB102 16414 CPF 24871 a

1
AMENDMENT TO SENATE BILL 2137

2    AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1resident of a long-term care facility is unable to engage in
2social interactions and religious and recreational activities
3with other facility residents or with family members, friends,
4loved ones, caregivers and external support systems.
5    (b) The Department shall require each long-term care
6facility in the State to adopt and implement written policies,
7provide for the availability of technology to facility
8residents, and ensure that appropriate staff and other
9capabilities are in place to prevent the social isolation of
10facility residents. The policies shall not be interpreted as a
11substitute for in person visitation, but shall be wholly in
12addition to existing in person visitation policies.
13    (c) The social isolation prevention policies adopted by
14each long-term care facility pursuant to subsection (b) shall:
15        (1) authorize, and include specific protocols and
16    procedures to encourage and enable, residents of the
17    facility to engage in in-person contact, communication,
18    religious activity, and recreational activity with other
19    facility residents and with family members, friends, loved
20    ones, caregivers, and other external support systems,
21    except when the in-person contact, communication,
22    religious activity, or recreational activity is
23    prohibited, restricted, or limited by federal or State
24    statute, rule, regulation, or guidance;
25        (2) authorize, and include specific protocols and
26    procedures to encourage and enable, residents to engage in

 

 

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

 

 

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1        and supportive technology and devices, and other
2        technological equipment, accessories, and electronic
3        licenses as may be necessary to ensure that residents
4        are able to engage in face-to-face, verbal-based, or
5        auditory-based contact, communication, religious
6        activity, and recreational activity with other
7        facility residents and with family members, friends,
8        loved ones, caregivers, and other external support
9        systems, through electronic means, in accordance with
10        the provisions of paragraphs (2) and (3) of this
11        subsection;
12            (B) the use of environmental barriers and other
13        controls when the equipment and devices acquired
14        pursuant to subparagraph (A) are in use, especially in
15        cases where the equipment or devices are likely to
16        become contaminated with bodily substances, are
17        touched frequently with gloved or ungloved hands, or
18        are difficult to clean; and
19            (C) the regular cleaning and sanitizing of the
20        equipment and devices acquired pursuant to
21        subparagraph (A) and any environmental barriers or
22        other physical controls used in association therewith;
23        (5) require appropriate staff to assess and regularly
24    reassess the individual needs and preferences of facility
25    residents with respect to the residents' participation in
26    social interactions and religious and recreational

 

 

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1    activities, including specific protocols and procedures to
2    ensure that the quantity of devices and equipment
3    maintained on-site at the facility remains sufficient, at
4    all times, to meet the assessed social and activity needs
5    and preferences of each facility resident; family members
6    or caregivers should be considered, as appropriate, in the
7    assessment and reassessment;
8        (6) require appropriate staff, upon the request of a
9    resident or the resident's family members, guardian, or
10    representative to develop an individualized visitation
11    plan for the resident, which shall:
12            (A) identify the assessed needs and preferences of
13        the resident and any preferences specified by the
14        resident's representative, unless a preference
15        specified by the resident conflicts with a preference
16        specified by the resident's representative, in which
17        case the resident's preference shall take priority;
18            (B) address the need for a visitation schedule and
19        establish a visitation schedule if deemed to be
20        appropriate;
21            (C) document the long-term care facility's defined
22        virtual hours of visitation and inform the resident
23        and the resident's representative that visitation
24        pursuant to paragraph (2) of subsection (c) will
25        adhere to the defined visitation hours;
26            (D) describe the location and modalities to be

 

 

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1        used in visitation; and
2            (E) describe the respective responsibilities of
3        staff, visitors, and the resident when engaging in
4        visitation pursuant to the individualized visitation
5        plan;
6        (7) notify the resident and the resident's
7    representative that they have the right to request of
8    facility staff the creation and review of a resident's
9    individualized visitation plan;
10        (8) include specific policies, protocols, and
11    procedures governing a resident's requisition, use, and
12    return of devices and equipment maintained pursuant to
13    subparagraph (A) of paragraph (4), and require appropriate
14    staff to communicate those policies, protocols, and
15    procedures to residents; and
16        (9) designate at least one member of the therapeutic
17    recreation or activities department, or, if the facility
18    does not have such a department, designate at least one
19    senior staff member, as determined by facility management,
20    to train other appropriate facility employees, including,
21    but not limited to, activities professionals and
22    volunteers, social workers, occupational therapists, and
23    therapy assistants, to provide direct assistance to
24    residents upon request and on an as-needed basis, as
25    necessary to ensure that each resident is able to
26    successfully access and use, for the purposes specified in

 

 

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1    paragraphs (2) and (3) of this subsection, the technology,
2    devices, and equipment acquired pursuant to subparagraph
3    (A) of paragraph (4).
4    (d) A long-term care facility may apply for civil monetary
5penalty fund grants and may request other available federal
6and State funds to obtain assistive and supportive
7technologies and related accessories that would facilitate
8communication between residents and other family members,
9friends, and external support systems.
10    (e) The Department shall determine whether a long-term
11care facility is in compliance with the provisions of this
12Section and the policies, protocols, and procedures adopted
13pursuant to this Section when conducting an annual licensure
14and certification survey, when a complaint is received, or as
15frequently as may be necessary to ensure compliance with the
16provisions of this Section.
17    In addition to any other applicable penalties provided by
18law, a long-term care facility that fails to comply with the
19provisions of this Section or properly implement the policies,
20protocols, and procedures adopted pursuant to subsection (b)
21shall be liable to pay an administrative penalty as a Type "C"
22violation, the amount of which shall be determined in
23accordance with a schedule established by the Department by
24rule. The schedule shall provide for an enhanced
25administrative penalty in the case of a repeat or ongoing
26violation. Implementation of an administrative penalty as a

 

 

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1Type "C" violation under this subsection shall not be imposed
2prior to January 1, 2023.
3    (f) Whenever a complaint received by the Office of State
4Long Term Care Ombudsman discloses evidence that a long-term
5care facility has failed to comply with the provisions of this
6Section or to properly implement the policies, protocols, and
7procedures adopted pursuant to subsection (b), the Office of
8State Long Term Care Ombudsman shall refer the matter to the
9Department.
10    (g) This Section does not impact, limit, or constrict a
11resident's right to or usage of his or her personal property or
12electronic monitoring under Section 2-115.
13    (h) Within 60 days after the effective date of this
14amendatory Act of the 102nd General Assembly, the Department
15shall adopt any rules necessary to implement the provisions of
16this Section. The rules shall include, but need not be limited
17to, minimum standards for the social isolation prevention
18policies to be adopted pursuant to subsection (b), a penalty
19schedule to be used pursuant to subsection (e), and policies
20regarding a long-term care facility's Internet access and
21subsequent Internet barriers in relation to a resident's
22visitation plan pursuant to paragraph (2) of subsection (c).
23The Department's rules shall take into account Internet
24bandwidth limitations outside of the control of a long-term
25care facility.
 

 

 

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1    Section 10. The Illinois Administrative Procedure Act is
2amended by adding Section 5-45.8 as follows:
 
3    (5 ILCS 100/5-45.8 new)
4    Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act.
5To provide for the expeditious and timely implementation of
6this amendatory Act of the 102nd General Assembly, emergency
7rules implementing Section 3-102.3 of the Nursing Home Care
8Act may be adopted in accordance with Section 5-45 by the
9Department of Public Health. The adoption of emergency rules
10authorized by Section 5-45 and this Section is deemed to be
11necessary for the public interest, safety, and welfare.
12    This Section is repealed on January 1, 2027.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".