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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Emergency Situation Essential Caregiver Act. | |||||||||||||||||||
6 | Section 5. Findings. The General Assembly finds that it is | |||||||||||||||||||
7 | crucial that individuals who are residing in any type of | |||||||||||||||||||
8 | residential care arrangement continue to have access to family | |||||||||||||||||||
9 | members or friends who provide emotional, mental, and | |||||||||||||||||||
10 | caregiving support. However, certain emergency situations such | |||||||||||||||||||
11 | as a public health emergency, a natural disaster, or other | |||||||||||||||||||
12 | emergency circumstances may require that visitation with | |||||||||||||||||||
13 | residents be restricted. The General Assembly recognizes that | |||||||||||||||||||
14 | a resident having access to family members or friends who | |||||||||||||||||||
15 | provide emotional, mental, and caregiving support is extremely | |||||||||||||||||||
16 | important to the resident's physical, mental, and emotional | |||||||||||||||||||
17 | well-being. Therefore, the General Assembly finds that if a | |||||||||||||||||||
18 | public health emergency, a natural disaster, or other | |||||||||||||||||||
19 | emergency circumstance causes a facility to restrict | |||||||||||||||||||
20 | visitation, the provisions of this Act shall apply and allow | |||||||||||||||||||
21 | for residents to have access to visitation by designated | |||||||||||||||||||
22 | essential caregivers to ensure that the resident's needs are | |||||||||||||||||||
23 | met.
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1 | Section 10. Definitions. In this Act:
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2 | "Emergency situation" means any time that there is a | ||||||
3 | public health emergency, natural disaster, or other emergency | ||||||
4 | that causes a facility to restrict visitation with a resident. | ||||||
5 | An "emergency situation" may be statewide or location-based | ||||||
6 | and may be pursuant to a disaster declaration by the Governor, | ||||||
7 | a decision by local officials, or a decision by the facility. | ||||||
8 | "Essential caregiver" means an individual designated by a | ||||||
9 | resident who regularly provides support in the form of | ||||||
10 | companionship, emotional support, assistance in the activities | ||||||
11 | of daily living such as feeding, mobility, personal hygiene, | ||||||
12 | cognitive stimulation, communication, meaningful connection, | ||||||
13 | relational continuity, or assistance in decision making, | ||||||
14 | transportation to and from medical and personal care | ||||||
15 | appointments. An "essential caregiver" may be a family member, | ||||||
16 | a member of the resident's social network, or a volunteer. An | ||||||
17 | "essential caregiver" may be paid or unpaid. A resident may | ||||||
18 | designate any person as an essential caregiver. No special | ||||||
19 | training is required to be an essential caregiver. "Essential | ||||||
20 | caregiver" includes compassionate caregivers.
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21 | "Facility" means any of the following: a facility as | ||||||
22 | defined in Section 10 of the Alzheimer's Disease and Related | ||||||
23 | Dementias Special Care Disclosure Act; an assisted living | ||||||
24 | establishment or shared housing establishment as defined in | ||||||
25 | Section 10 of the Assisted Living and Shared Housing Act; a |
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1 | Community Living Facility as defined in Section 3 of the | ||||||
2 | Community Living Facilities Licensing Act; a facility as | ||||||
3 | defined in Section 2 of the Life Care Facilities Act; a | ||||||
4 | continuum of care facility as defined in Section 10 of the | ||||||
5 | Continuum of Care Services for the Developmentally Disabled | ||||||
6 | Act; a facility as defined in Section 1-113 of the Nursing Home | ||||||
7 | Care Act; a MC/DD facility as defined in Section 1-113 of the | ||||||
8 | MC/DD Act; an ID/DD facility as defined in Section 1-113 of the | ||||||
9 | ID/DD Community Care Act; a hospice program as defined in | ||||||
10 | Section 3 of the Hospice Program Licensing Act; a Supportive | ||||||
11 | Residence as defined in Section 10 of the Supportive | ||||||
12 | Residences Licensing Act; a community-integrated living | ||||||
13 | arrangement as defined in Section 3 of the | ||||||
14 | Community-Integrated Living Arrangements Licensure and | ||||||
15 | Certification Act; a facility as defined in Section 1-102 of | ||||||
16 | the Specialized Mental Health Rehabilitation Act of 2013; a | ||||||
17 | home, institution, or other place operated by or under the | ||||||
18 | authority of the Department of Veterans' Affairs; an | ||||||
19 | Alzheimer's disease management center alternative health care | ||||||
20 | model under the Alternative Health Care Delivery Act; and a | ||||||
21 | home, institution, or other place that is a State-operated | ||||||
22 | mental health or developmental disability center or facility.
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23 | "Resident" means a person who is living in a facility or is | ||||||
24 | seeking admission to a facility. "Resident" includes a | ||||||
25 | guardian of the person or an agent for the person under a power | ||||||
26 | of attorney. |
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1 | Section 15. Use of essential caregivers. During any | ||||||
2 | emergency situation an essential caregiver shall be allowed to | ||||||
3 | visit a resident in accordance with this Act. | ||||||
4 | Section 20. Designation of essential caregivers. | ||||||
5 | (a) A resident of a facility shall be allowed to designate | ||||||
6 | up to 3 essential caregivers who will be allowed to visit and | ||||||
7 | provide care in accordance with this Act in the event of an | ||||||
8 | emergency. | ||||||
9 | (b) Within 10 business days after the effective date of | ||||||
10 | this Act or anytime thereafter, a current resident of a | ||||||
11 | facility must be allowed to designate up to 3 essential | ||||||
12 | caregivers. A new resident shall be allowed to designate up to | ||||||
13 | 3 essential caregivers at the time of admission to the | ||||||
14 | facility or at any time thereafter. A resident shall be | ||||||
15 | allowed to modify an individual designated as an essential | ||||||
16 | caregiver at anytime. | ||||||
17 | (c) A designation of an essential caregiver or a | ||||||
18 | modification of the designation made by a guardian or an agent | ||||||
19 | for the resident under a power of attorney must be in writing. | ||||||
20 | (d) In order to ensure that the needs of a resident are met | ||||||
21 | during an emergency situation, facility staff should work | ||||||
22 | cooperatively with the
resident and his or her family to plan a | ||||||
23 | schedule to accommodate the
3 essential caregivers and the | ||||||
24 | resident's needs.
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1 | Section 25. Essential caregiver visitation. | ||||||
2 | (a) During any emergency situation that affects a | ||||||
3 | facility, a designated essential caregiver must be allowed to | ||||||
4 | visit with a resident as specified in this Act. A facility may | ||||||
5 | require compliance with safety protocols but shall not deny | ||||||
6 | visitation by an essential caregiver in accordance with this | ||||||
7 | Act so long as the essential caregiver follows the safety | ||||||
8 | protocols. Required safety protocols may not be any more | ||||||
9 | restrictive than the safety protocols required of staff in the | ||||||
10 | facility. | ||||||
11 | (b) Within 30 days after the effective date of this Act, | ||||||
12 | the facility must establish policies and procedures
regarding | ||||||
13 | the designation of essential caregivers, visitation by | ||||||
14 | essential caregivers, and scheduling of such visits that will | ||||||
15 | be in effect during the time of any emergency situation. The | ||||||
16 | policies and procedures shall include, but shall not be | ||||||
17 | limited to, the following: | ||||||
18 | (1) Designation of an entry point to the facility. | ||||||
19 | (2) Specification of any procedures that must be | ||||||
20 | followed to sign in and out of the facility. | ||||||
21 | (3) Any safety protocols that must be followed by | ||||||
22 | essential caregivers when entering the facility, while in | ||||||
23 | the facility, while on the grounds of the facility, and | ||||||
24 | while outside of the facility with the resident, including | ||||||
25 | any transmission-based protocols that will be imposed upon |
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1 | return to the facility after an absence of more than 24 | ||||||
2 | hours. The facility shall not prevent an essential | ||||||
3 | caregiver from walking in the halls with a resident or | ||||||
4 | taking a resident outside on the grounds of the facility | ||||||
5 | so long as the essential caregiver and resident follow | ||||||
6 | proper safety protocols. The facility shall not prevent an | ||||||
7 | essential caregiver from taking a resident into the | ||||||
8 | community so long as safety protocols are followed by the | ||||||
9 | essential caregiver and resident while in the community | ||||||
10 | and upon return to the facility. | ||||||
11 | (4) Any requirements for wearing personal protective | ||||||
12 | equipment and testing for COVID 19 or other diseases. Any | ||||||
13 | required personal protective equipment and testing shall | ||||||
14 | be provided by the facility at no cost to the resident or | ||||||
15 | the essential caregiver. The facility shall train the | ||||||
16 | essential caregiver on any safety protocols or procedures | ||||||
17 | that need to be followed during the emergency situation. | ||||||
18 | The facility shall not require an essential caregiver to | ||||||
19 | wear more personal protective equipment than the | ||||||
20 | facility's staff is required to wear. | ||||||
21 | (c) The policies and procedures adopted by the facility | ||||||
22 | shall be provided in writing to each resident and each | ||||||
23 | designated essential caregiver. If the policies and procedures | ||||||
24 | are amended, each resident and each designated essential | ||||||
25 | caregiver shall be provided with a written copy of the amended | ||||||
26 | policies and procedures within 7 business days after adoption |
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1 | of the amended policies and procedures. | ||||||
2 | (d) Each resident must be allowed a minimum of 3 2-hour | ||||||
3 | essential caregiver visits per week. A facility shall allow | ||||||
4 | additional essential caregiver visits as space allows. A | ||||||
5 | visitation schedule shall allow for visits to be scheduled any | ||||||
6 | day of the week and allow for daytime, nighttime, weekend, and | ||||||
7 | holiday visitation. | ||||||
8 | (e) If a facility does not allow in-room visits due to a | ||||||
9 | shared room, the facility must designate one room in a common | ||||||
10 | area to be used for essential caregiver visitation. If | ||||||
11 | visitation occurs outside of the resident's room, the | ||||||
12 | essential caregiver must be given access to the resident's | ||||||
13 | room at least once per month for a period of no less than 45 | ||||||
14 | minutes to check on the resident's personal belongings. | ||||||
15 | (f) A facility may limit essential caregiver visits to one | ||||||
16 | essential caregiver per resident at one time unless an | ||||||
17 | essential caregiver has a disability and needs the assistance | ||||||
18 | of a second person or the resident is at the end-of-life. All | ||||||
19 | essential caregivers and any end-of-life visitors must comply | ||||||
20 | with all safety protocols of the facility. A facility shall | ||||||
21 | provide an essential caregiver and any end-of-life visitor | ||||||
22 | with a written copy of the safety protocols that must be | ||||||
23 | followed. | ||||||
24 | (g) If an essential caregiver has a disability and needs | ||||||
25 | the assistance of a second person, a facility shall work with | ||||||
26 | the essential caregiver to accommodate the disability. |
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1 | (h) If a resident is deemed to be at the end-of-life, all | ||||||
2 | visitor restrictions will be lifted for the resident and the | ||||||
3 | resident's first contact person shall be notified as soon as | ||||||
4 | possible, and no longer than 8 hours, after the resident is | ||||||
5 | deemed to be at the end-of-life. If a resident is deemed to be | ||||||
6 | at end-of-life, all family members, all designated essential | ||||||
7 | caregivers, any clergy requested by the resident or the | ||||||
8 | family, and any friends of the resident who are listed in the | ||||||
9 | resident's care plan or individual service plan shall be given | ||||||
10 | access to the resident at any time. If the resident is in a | ||||||
11 | private room, end-of-life access by family, essential | ||||||
12 | caregivers, and friends shall be unlimited so long as the | ||||||
13 | visitors remain in the room and do not disturb other | ||||||
14 | residents. If the resident who is at the end-of-life shares a | ||||||
15 | room with another person who is not a family member, the | ||||||
16 | facility must try to move the resident to a private room. If | ||||||
17 | the facility does not have the ability to move the resident to | ||||||
18 | a private room, the facility may limit the number of visitors | ||||||
19 | to no less than 2 at a time and must allow for visitors to | ||||||
20 | rotate in and out at least once per hour. A facility may ask | ||||||
21 | that end-of-life visitors step out to a designated area for a | ||||||
22 | time period not to exceed one hour in order to provide direct | ||||||
23 | care to the resident. | ||||||
24 | Section 30. Notice of emergency situation. | ||||||
25 | (a) A facility shall notify residents and any designated |
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1 | essential caregivers within 24 hours of a decision to restrict | ||||||
2 | visitation due an emergency situation. | ||||||
3 | (b) A facility shall inform an essential caregiver when | ||||||
4 | the essential caregiver will be allowed to access the | ||||||
5 | facility, which shall in no case be more than 7 days after an | ||||||
6 | emergency situation first occurs or begins. | ||||||
7 | Section 35. Restriction or revocation of essential | ||||||
8 | caregiver status. A facility may restrict or revoke essential | ||||||
9 | caregiver status if the essential caregiver fails to follow | ||||||
10 | any safety protocols, including, but not limited to, social | ||||||
11 | distancing, use of personal protective equipment, or
other | ||||||
12 | disease-specific related rules of the facility. Before | ||||||
13 | restricting or revoking essential caregiver status, the
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14 | facility must provide notice to the resident and essential | ||||||
15 | caregiver and the facility, resident, and essential caregiver | ||||||
16 | should attempt to
mediate the concerns. | ||||||
17 | Section 40. Remedies. A resident who is unreasonably | ||||||
18 | denied access to an essential caregiver is entitled to recover | ||||||
19 | statutory damages from the facility of up to $10,000 per day | ||||||
20 | that access is unreasonably denied. | ||||||
21 | Section 45. Immunity. Except as provided in Section 40, a | ||||||
22 | facility, facility employee, or facility contractor who, in | ||||||
23 | good faith, implements the requirements of this Act shall not |
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1 | be held civilly liable for damages, including punitive | ||||||
2 | damages, for any act or omission related to the implementation | ||||||
3 | of this Act, except for willful or wanton misconduct. | ||||||
4 | Section 50. Suspension or modification. Notwithstanding | ||||||
5 | any other provision of law, this Act may not be suspended or | ||||||
6 | modified by Executive Order. However, in the event of a | ||||||
7 | disaster proclamation issued by the Governor pursuant to the | ||||||
8 | Emergency Management Agency Act, where the facility is located | ||||||
9 | in the designated disaster area, a facility may implement | ||||||
10 | emergency visitation procedures pursuant to this Act.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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