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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Essential Support Person Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Public Health.
8    "Essential support" means support that includes, but is
9not limited to:
10        (1) assistance with activities of daily living; and
11        (2) physical, emotional, psychological, and
12    socialization support for the resident.
13    "Facility" means any of the following: a facility as
14defined in Section 10 of the Alzheimer's Disease and Related
15Dementias Special Care Disclosure Act; an assisted living
16establishment or shared housing establishment as defined in
17Section 10 of the Assisted Living and Shared Housing Act; a
18Community Living Facility as defined in Section 3 of the
19Community Living Facilities Licensing Act; a facility as
20defined in Section 2 of the Life Care Facilities Act; a
21continuum of care facility as defined in Section 10 of the
22Continuum of Care Services for the Developmentally Disabled
23Act; a facility as defined in Section 1-113 of the Nursing Home



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1Care Act; a MC/DD facility as defined in Section 1-113 of the
2MC/DD Act; an ID/DD facility as defined in Section 1-113 of the
3ID/DD Community Care Act; a hospice program as defined in
4Section 3 of the Hospice Program Licensing Act; a Supportive
5Residence as defined in Section 10 of the Supportive
6Residences Licensing Act; a facility as defined in Section
71-102 of the Specialized Mental Health Rehabilitation Act of
82013; a home, institution, or other place operated by or under
9the authority of the Department of Veterans' Affairs; an
10Alzheimer's disease management center alternative health care
11model under the Alternative Health Care Delivery Act; and a
12home, institution, or other place that is a State-operated
13mental health or developmental disability center or facility.
14"Facility" does not include a hospital as defined in the
15Hospital Licensing Act or any hospital authorized under the
16University of Illinois Hospital Act. "Facility" does not
17include any facility that the Department of Public Health or
18the Department of Veterans' Affairs does not regulate.
19    "Office" means the Office of State Long Term Care
21    "Person-centered care plan" means a care plan for a
22resident developed by the resident or resident's
23representative in consultation with health professionals that
24focuses on the resident's physical, emotional, psychological,
25and socialization needs and describes the resident's right to
26designate a primary essential support person or secondary



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1essential support person.
2    "Primary essential support person" means a person
3designated by a resident, or the resident's representative,
4who has access to the resident in accordance with rules set by
5the Department to provide essential support according to the
6resident's person-centered care plan.
7    "Resident" means a person who is living in a facility or is
8seeking admission to a facility. "Resident" includes a
9guardian of the person or an agent for the person under a power
10of attorney.
11    "Secondary essential support person" means a person
12designated by the resident, or the resident's representative,
13to serve as a backup to a primary essential support person.
14    Section 10. Essential support persons. A resident or the
15resident's representative may designate a primary essential
16support person and a secondary essential support person who
17shall have access to the resident despite general visitation
18restrictions imposed on other visitors, provided that the
19primary essential support person or secondary essential
20support person complies with any rules adopted by the
21Department under Section 15 to protect the health, safety, and
22well-being of residents. A facility must explain to a resident
23or the resident's representative what a primary essential
24support person and a secondary essential support person are.



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1    Section 15. Statewide policy; disaster declaration.
2    (a) The Department shall establish a statewide policy for
3visitation with a resident. The policy shall apply to all
4facilities and shall incorporate a resident's need for health,
5safety, and well-being, including, but not limited to, the
6essential support provided by a primary essential support
7person or secondary essential support person.
8    (b) If the Governor issues a proclamation under Section 7
9of the Illinois Emergency Management Agency Act declaring that
10a disaster relating to a public health emergency exists, the
11Department shall, in accordance with applicable federal
12requirements and guidance, set forth requirements for access
13to a resident, provided that the requirements shall
14incorporate a resident's need for essential support provided
15by a primary essential support person or secondary essential
16support person. The requirements shall include, but need not
17be limited to, the circumstances, if any, under which a
18facility may restrict visitors, including, but not limited to,
19primary essential support persons and secondary essential
20support persons designated by a resident. The requirements
21shall address, at a minimum, the following:
22        (1) Arrangements for regular visitation by visitors
23    and other residents through various means, including, but
24    not limited to:
25            (A) outdoor visitation;
26            (B) the use of technologies to facilitate virtual



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1        visitation when all other forms of visitation are
2        unavailable; and
3            (C) indoor visitation, including, but not limited
4        to, indoor visitation 24 hours per day, 7 days per week
5        when the resident is nearing the end of his or her life
6        as determined by any one or more of the resident's
7        attending health care professionals.
8        (2) The needs of a resident for physical, emotional,
9    psychological, and socialization support based on the
10    resident's person-centered care plan.
11        (3) Safety protocols for all visitors to a facility,
12    including, but not limited to, primary essential support
13    persons or secondary essential support persons, if the
14    Governor issues a proclamation under Section 7 of the
15    Illinois Emergency Management Agency Act declaring that a
16    disaster relating to a public health emergency exists.
17        (4) Allow access to a resident by a primary essential
18    support person or secondary essential support person
19    despite general visitation restrictions, provided that the
20    primary essential support person or secondary essential
21    support person complies with safety protocols established
22    by the Department.
23        (5) If a resident has not designated a primary
24    essential support person, a requirement that facility
25    staff work with the resident or the resident's
26    representative, a family member of the resident, or a Long



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1    Term Care Ombudsman to identify a primary essential
2    support person and provide him or her access to the
3    resident.
4    Section 20. Office of State Long Term Care Ombudsman
6    (a) The Office of State Long Term Care Ombudsman shall:
7        (1) identify, investigate, and resolve complaints that
8    relate to an action, inaction, or decision that may
9    adversely affect the health, safety, welfare, or rights of
10    residents, including the welfare and rights of residents
11    with respect to primary essential support persons and
12    secondary essential support persons.
13        (2) provide services to protect the health, safety,
14    welfare, and rights of residents, including, but not
15    limited to, services designed to address the impact of
16    socialization, visitation, and the role of primary
17    essential support persons or secondary essential support
18    persons in the health, safety, and well-being of
19    residents;
20        (3) inform residents of available means of obtaining
21    the services described in paragraph (2);
22        (4) recommend any changes in the laws, rules, or
23    policies of this Act or actions required under this Act
24    that the Office determines to be appropriate; and
25        (5) facilitate public comment on the laws, rules, or



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1    policies of this Act or actions required under this Act.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.