Full Text of SB2137 102nd General Assembly
SB2137sam001 102ND GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 2137
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by adding | 5 | | Section 3-102.3 as follows: | 6 | | (210 ILCS 45/3-102.3 new) | 7 | | Sec. 3-102.3. Religious and recreational activities; | 8 | | social isolation. | 9 | | (a) In this Section: | 10 | | "Religious and recreational activities" includes any | 11 | | religious, social, or recreational activity that is consistent | 12 | | with a resident's preferences and choosing, regardless of | 13 | | whether the activity is coordinated, offered, provided, or | 14 | | sponsored by facility staff or by an outside activities | 15 | | provider. | 16 | | "Social isolation" means a state of isolation wherein a |
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| 1 | | resident of a long-term care facility is unable to engage in | 2 | | social interactions and religious and recreational activities | 3 | | with other facility residents or with family members, friends, | 4 | | loved ones, caregivers and external support systems. | 5 | | (b) The Department shall require each long-term care | 6 | | facility in the State to adopt and implement written policies, | 7 | | provide for the availability of technology to facility | 8 | | residents, and ensure that appropriate staff and other | 9 | | capabilities are in place to prevent the social isolation of | 10 | | facility residents. The policies shall not be interpreted as a | 11 | | substitute for in person visitation,
but shall be wholly in | 12 | | addition to existing in person
visitation policies. | 13 | | (c) The social isolation prevention policies adopted by | 14 | | each 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 | 5 | | penalty fund
grants and may request other available federal | 6 | | and
State funds to obtain assistive and supportive | 7 | | technologies
and related accessories that would facilitate | 8 | | communication
between residents and other family members, | 9 | | friends,
and external support systems. | 10 | | (e) The Department shall determine whether a long-term | 11 | | care
facility is in compliance with the provisions of this | 12 | | Section and
the policies, protocols, and procedures adopted | 13 | | pursuant to this
Section when conducting an annual licensure | 14 | | and certification
survey, when a complaint is received, or as | 15 | | frequently as may
be necessary to ensure compliance with the | 16 | | provisions of this Section. | 17 | | In addition to any other applicable penalties provided by | 18 | | law, a long-term care facility that fails to comply with the | 19 | | provisions of this Section or properly implement the policies, | 20 | | protocols, and procedures adopted pursuant to subsection (b) | 21 | | shall be liable to pay an administrative penalty as a Type "C" | 22 | | violation, the amount of which shall be determined in | 23 | | accordance with a schedule established by the Department by | 24 | | rule. The schedule shall provide for an enhanced | 25 | | administrative penalty in the case of a repeat or ongoing | 26 | | violation. Implementation of an administrative penalty as a |
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| 1 | | Type "C" violation under this subsection shall not be imposed | 2 | | prior to January 1, 2023. | 3 | | (f) Whenever a complaint received by the Office of State | 4 | | Long Term Care Ombudsman discloses evidence that a long-term | 5 | | care facility has failed to comply with the provisions of this | 6 | | Section or to properly implement the policies, protocols, and | 7 | | procedures adopted pursuant to subsection (b), the Office of | 8 | | State Long Term Care Ombudsman shall refer the matter to the | 9 | | Department. | 10 | | (g) This Section does not impact, limit, or constrict a | 11 | | resident's right to or usage of his or her personal property or | 12 | | electronic monitoring under Section 2-115. | 13 | | (h) Within 60 days after the effective date of this | 14 | | amendatory Act of the 102nd General Assembly, the Department | 15 | | shall adopt any rules necessary to implement the provisions of | 16 | | this Section. The rules shall include, but need not be limited | 17 | | to, minimum standards for the social isolation prevention | 18 | | policies to be adopted pursuant to subsection (b), a penalty | 19 | | schedule to be used pursuant to subsection (e), and
policies | 20 | | regarding a long-term care facility's Internet
access and | 21 | | subsequent Internet barriers in relation to a
resident's | 22 | | visitation plan pursuant to paragraph (2) of subsection (c). | 23 | | The Department's rules shall take into account
Internet | 24 | | bandwidth limitations outside of the control
of a long-term | 25 | | care facility. |
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| 1 | | Section 10. The Illinois Administrative Procedure Act is | 2 | | amended 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. | 5 | | To provide for the expeditious and timely implementation of | 6 | | this amendatory Act of the 102nd General Assembly, emergency | 7 | | rules implementing Section 3-102.3 of the Nursing Home Care | 8 | | Act may be adopted in accordance with Section 5-45 by the | 9 | | Department of Public Health. The adoption of emergency rules | 10 | | authorized by Section 5-45 and this Section is deemed to be | 11 | | necessary 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 | 14 | | becoming law.".
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