Full Text of SB1774 94th General Assembly
SB1774 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1774
Introduced 2/25/2005, by Sen. Dave Sullivan SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/3-304.1 |
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320 ILCS 42/25 |
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Amends the Nursing Home Care Act and the Older Adult Services Act. Adds information that the Department of Public Health must make available on a public web site, including: links to available services, resources, and reference materials concerning caregiving, diseases, and best practices for use by professionals, older adults, and family caregivers; a listing of
and contact information for both facility-based and non-facility-based services and care; a listing of federal, State, and regional agencies on aging, and information describing their purposes, abilities, and services; and the Illinois Act on the Aging and the federal Older Americans Act. Provides that the Department on Aging must have a visible link on its web site home page to that information required to be made available on a public web site by the Department of Public Health. Effective immediately.
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A BILL FOR
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SB1774 |
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LRB094 08685 DRJ 41305 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Nursing Home Care Act is amended by changing | 5 |
| Section 3-304.1 as follows:
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| (210 ILCS 45/3-304.1)
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| Sec. 3-304.1. Public computer access to information.
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| (a) The Department must make information regarding nursing | 9 |
| homes and home and community-based services in the
State
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| available to the public in electronic form on the World Wide | 11 |
| Web, including all
of the
following information:
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| (1) who regulates nursing homes;
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| (2) information in the possession of the Department | 14 |
| that is listed in
Sections 3-210 and 3-304;
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| (3) deficiencies and plans of correction;
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| (4) enforcement remedies;
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| (5) penalty letters;
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| (6) designation of penalty monies;
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| (7) the U.S. Department of Health and Human Services' | 20 |
| Health Care
Financing Administration special projects or | 21 |
| federally required inspections;
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| (8) advisory standards;
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| (9) deficiency-free surveys; and
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| (10) enforcement actions and enforcement summaries ; . | 25 |
| (11) links to available services, resources, and | 26 |
| reference materials concerning caregiving, diseases, and | 27 |
| best practices for use by professionals, older adults, and | 28 |
| family caregivers;
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| (12) a listing of
and contact information for both | 30 |
| facility-based and non-facility-based services and care; | 31 |
| no unlicensed, uncertified, unregistered, or otherwise | 32 |
| unregulated program or service
that is required by law or |
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LRB094 08685 DRJ 41305 b |
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| regulation to be licensed, certified, registered, or | 2 |
| regulated
shall be placed on a public web site under this | 3 |
| Section; | 4 |
| (13) a listing of State and regional agencies on aging, | 5 |
| and information describing their purposes, abilities, and | 6 |
| services; | 7 |
| (14) links to the web sites of, and contact information | 8 |
| for, the State and regional agencies on aging; | 9 |
| (15) a listing of, and links to, federal regulatory | 10 |
| agencies on aging-related programs and services; | 11 |
| (16) the rules adopted by the State and federal | 12 |
| agencies on aging; and | 13 |
| (17) the Illinois Act on the Aging and the federal | 14 |
| Older Americans Act.
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| (b) No fee or other charge may be imposed by the Department | 16 |
| as a condition
of accessing the information.
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| (c) The electronic public access provided through the World | 18 |
| Wide Web shall
be
in addition to any other electronic or print | 19 |
| distribution of the information.
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| (d) The information shall be made available as provided in | 21 |
| this Section in
the
shortest practicable time after it is | 22 |
| publicly available in any other form.
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| (Source: P.A. 91-290, eff. 1-1-00.)
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| Section 10. The Older Adult Services Act is amended by | 25 |
| changing Section 25 as follows: | 26 |
| (320 ILCS 42/25)
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| Sec. 25. Older adult services restructuring. No later than | 28 |
| January 1, 2005, the Department shall commence the process of | 29 |
| restructuring the older adult services delivery system. | 30 |
| Priority shall be given to both the expansion of services and | 31 |
| the development of new services in priority service areas. | 32 |
| Subject to the availability of funding, the restructuring shall | 33 |
| include, but not be limited to, the following:
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| (1) Planning. The Department shall develop a plan to |
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| restructure the State's service delivery system for older | 2 |
| adults. The plan shall include a schedule for the | 3 |
| implementation of the initiatives outlined in this Act and all | 4 |
| other initiatives identified by the participating agencies to | 5 |
| fulfill the purposes of this Act. Financing for older adult | 6 |
| services shall be based on the principle that "money follows | 7 |
| the individual". The plan shall also identify potential | 8 |
| impediments to delivery system restructuring and include any | 9 |
| known regulatory or statutory barriers. | 10 |
| (2) Comprehensive case management. The Department shall | 11 |
| implement a statewide system of holistic comprehensive case | 12 |
| management. The system shall include the identification and | 13 |
| implementation of a universal, comprehensive assessment tool | 14 |
| to be used statewide to determine the level of functional, | 15 |
| cognitive, socialization, and financial needs of older adults. | 16 |
| This tool shall be supported by an electronic intake, | 17 |
| assessment, and care planning system linked to a central | 18 |
| location. "Comprehensive case management" includes services | 19 |
| and coordination such as (i) comprehensive assessment of the | 20 |
| older adult (including the physical, functional, cognitive, | 21 |
| psycho-social, and social needs of the individual); (ii) | 22 |
| development and implementation of a service plan with the older | 23 |
| adult to mobilize the formal and family resources and services | 24 |
| identified in the assessment to meet the needs of the older | 25 |
| adult, including coordination of the resources and services | 26 |
| with any other plans that exist for various formal services, | 27 |
| such as hospital discharge plans, and with the information and | 28 |
| assistance services; (iii) coordination and monitoring of | 29 |
| formal and family service delivery, including coordination and | 30 |
| monitoring to ensure that services specified in the plan are | 31 |
| being provided; (iv) periodic reassessment and revision of the | 32 |
| status of the older adult with the older adult or, if | 33 |
| necessary, the older adult's designated representative; and | 34 |
| (v) in accordance with the wishes of the older adult, advocacy | 35 |
| on behalf of the older adult for needed services or resources. | 36 |
| (3) Coordinated point of entry. The Department shall |
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| implement and publicize a statewide coordinated point of entry | 2 |
| using a uniform name, identity, logo, and toll-free number. | 3 |
| (4) Public web site. The Department of Public Health shall | 4 |
| expand the
develop a public web site developed pursuant to | 5 |
| Section 3-304.1 of the Nursing Home Care Act to provide
that | 6 |
| provides links to available services, resources, and reference | 7 |
| materials concerning caregiving, diseases, and best practices | 8 |
| for use by professionals, older adults, and family caregivers. | 9 |
| The Department on Aging shall have a visible link on its web | 10 |
| site home page to the information required to be made available | 11 |
| on a public web site by the Department of Public Health under | 12 |
| Section 3-304.1 of the Nursing Home Care Act.
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| (5) Expansion of older adult services. The Department shall | 14 |
| expand older adult services that promote independence and | 15 |
| permit older adults to remain in their own homes and | 16 |
| communities. | 17 |
| (6) Consumer-directed home and community-based services. | 18 |
| The Department shall expand the range of service options | 19 |
| available to permit older adults to exercise maximum choice and | 20 |
| control over their care. | 21 |
| (7) Comprehensive delivery system. The Department shall | 22 |
| expand opportunities for older adults to receive services in | 23 |
| systems that integrate acute and chronic care. | 24 |
| (8) Enhanced transition and follow-up services. The | 25 |
| Department shall implement a program of transition from one | 26 |
| residential setting to another and follow-up services, | 27 |
| regardless of residential setting, pursuant to rules with | 28 |
| respect to (i) resident eligibility, (ii) assessment of the | 29 |
| resident's health, cognitive, social, and financial needs, | 30 |
| (iii) development of transition plans, and (iv) the level of | 31 |
| services that must be available before transitioning a resident | 32 |
| from one setting to another. | 33 |
| (9) Family caregiver support. The Department shall develop | 34 |
| strategies for public and private financing of services that | 35 |
| supplement and support family caregivers.
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| (10) Quality standards and quality improvement. The |
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| Department shall establish a core set of uniform quality | 2 |
| standards for all providers that focus on outcomes and take | 3 |
| into consideration consumer choice and satisfaction, and the | 4 |
| Department shall require each provider to implement a | 5 |
| continuous quality improvement process to address consumer | 6 |
| issues. The continuous quality improvement process must | 7 |
| benchmark performance, be person-centered and data-driven, and | 8 |
| focus on consumer satisfaction.
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| (11) Workforce. The Department shall develop strategies to | 10 |
| attract and retain a qualified and stable worker pool, provide | 11 |
| living wages and benefits, and create a work environment that | 12 |
| is conducive to long-term employment and career development. | 13 |
| Resources such as grants, education, and promotion of career | 14 |
| opportunities may be used. | 15 |
| (12) Coordination of services. The Department shall | 16 |
| identify methods to better coordinate service networks to | 17 |
| maximize resources and minimize duplication of services and | 18 |
| ease of application. | 19 |
| (13) Barriers to services. The Department shall identify | 20 |
| barriers to the provision, availability, and accessibility of | 21 |
| services and shall implement a plan to address those barriers. | 22 |
| The plan shall: (i) identify barriers, including but not | 23 |
| limited to, statutory and regulatory complexity, reimbursement | 24 |
| issues, payment issues, and labor force issues; (ii) recommend | 25 |
| changes to State or federal laws or administrative rules or | 26 |
| regulations; (iii) recommend application for federal waivers | 27 |
| to improve efficiency and reduce cost and paperwork; (iv) | 28 |
| develop innovative service delivery models; and (v) recommend | 29 |
| application for federal or private service grants. | 30 |
| (14) Reimbursement and funding. The Department shall | 31 |
| investigate and evaluate costs and payments by defining costs | 32 |
| to implement a uniform, audited provider cost reporting system | 33 |
| to be considered by all Departments in establishing payments. | 34 |
| To the extent possible, multiple cost reporting mandates shall | 35 |
| not be imposed. | 36 |
| (15) Medicaid nursing home cost containment and Medicare |
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| utilization. The Department of Public Aid, in collaboration | 2 |
| with the Department on Aging and the Department of Public | 3 |
| Health and in consultation with the Advisory Committee, shall | 4 |
| propose a plan to contain Medicaid nursing home costs and | 5 |
| maximize Medicare utilization. The plan must not impair the | 6 |
| ability of an older adult to choose among available services. | 7 |
| The plan shall include, but not be limited to, (i) techniques | 8 |
| to maximize the use of the most cost-effective services without | 9 |
| sacrificing quality and (ii) methods to identify and serve | 10 |
| older adults in need of minimal services to remain independent, | 11 |
| but who are likely to develop a need for more extensive | 12 |
| services in the absence of those minimal services. | 13 |
| (16) Bed reduction. The Department of Public Health shall | 14 |
| implement a nursing home conversion program to reduce the | 15 |
| number of Medicaid-certified nursing home beds in areas with | 16 |
| excess beds. The Department of Public Aid shall investigate | 17 |
| changes to the Medicaid nursing facility reimbursement system | 18 |
| in order to reduce beds. Such changes may include, but are not | 19 |
| limited to, incentive payments that will enable facilities to | 20 |
| adjust to the restructuring and expansion of services required | 21 |
| by the Older Adult Services Act, including adjustments for the | 22 |
| voluntary closure or layaway of nursing home beds certified | 23 |
| under Title XIX of the federal Social Security Act. Any savings | 24 |
| shall be reallocated to fund home-based or community-based | 25 |
| older adult services pursuant to Section 20. | 26 |
| (17) Financing. The Department shall investigate and | 27 |
| evaluate financing options for older adult services and shall | 28 |
| make recommendations in the report required by Section 15 | 29 |
| concerning the feasibility of these financing arrangements. | 30 |
| These arrangements shall include, but are not limited to: | 31 |
| (A) private long-term care insurance coverage for | 32 |
| older adult services; | 33 |
| (B) enhancement of federal long-term care financing | 34 |
| initiatives; | 35 |
| (C) employer benefit programs such as medical savings | 36 |
| accounts for long-term care; |
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| (D) individual and family cost-sharing options; | 2 |
| (E) strategies to reduce reliance on government | 3 |
| programs; | 4 |
| (F) fraudulent asset divestiture and financial | 5 |
| planning prevention; and | 6 |
| (G) methods to supplement and support family and | 7 |
| community caregiving. | 8 |
| (18) Older Adult Services Demonstration Grants. The | 9 |
| Department shall implement a program of demonstration grants | 10 |
| that will assist in the restructuring of the older adult | 11 |
| services delivery system, and shall provide funding for | 12 |
| innovative service delivery models and system change and | 13 |
| integration initiatives pursuant to subsection (g) of Section | 14 |
| 20. | 15 |
| (19) Bed need methodology update. For the purposes of | 16 |
| determining areas with excess beds, the Departments shall | 17 |
| provide information and assistance to the Health Facilities | 18 |
| Planning Board to update the Bed Need Methodology for Long-Term | 19 |
| Care to update the assumptions used to establish the | 20 |
| methodology to make them consistent with modern older adult | 21 |
| services.
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| (Source: P.A. 93-1031, eff. 8-27-04.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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