Full Text of HB3053 100th General Assembly
HB3053 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3053 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 210 ILCS 32/1 | | 210 ILCS 32/5 | | 210 ILCS 32/65 | | 210 ILCS 135/14.5 new | |
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Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Changes the title of the Act to the Authorized Electronic Monitoring in Long-Term Care Facilities and Community-Integrated Living Arrangements Act. Makes changes to make the provisions of the Act applicable to community-integrated living arrangements certified under the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the term "Department", for the purposes of facilities licensed under the Nursing Home Care Act, ID/DD Community Care Act, or MC/DD Act, means the Department of Public Health. Provides that the term "Department", for the purposes of community-integrated living arrangements certified under the Community-Integrated Living Arrangements Licensure and Certification Act, means the Department of Human Services. Adds community-integrated living arrangements to the definition of "facility". Provides that "resident's representative" does not apply to community-integrated living arrangements. Provides that the Department of Human Services shall consult with the Department of Public Health when adopting rules to implement the Act. Amends the Community-Integrated Living Arrangements Licensure and Certification Act to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident that has provided specified notice and consent. Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3053 | | LRB100 10417 MJP 20615 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Authorized Electronic Monitoring in | 5 | | Long-Term Care Facilities Act is amended by changing Sections | 6 | | 1, 5, and 65 as follows: | 7 | | (210 ILCS 32/1)
| 8 | | Sec. 1. Short title. This Act may be cited as the | 9 | | Authorized Electronic Monitoring in Long-Term Care Facilities | 10 | | and Community-Integrated Living Arrangements Act.
| 11 | | (Source: P.A. 99-430, eff. 1-1-16 .) | 12 | | (210 ILCS 32/5) | 13 | | Sec. 5. Definitions. As used in this Act:
| 14 | | "Authorized electronic monitoring" means the placement and | 15 | | use of an electronic monitoring device by a resident in his or | 16 | | her room in accordance with this Act. | 17 | | "Department" , for the purposes of facilities licensed | 18 | | under the Nursing Home Care Act, ID/DD Community Care Act, or | 19 | | MC/DD Act, means the Department of Public Health. For the | 20 | | purposes of community-integrated living arrangements certified | 21 | | under the Community-Integrated Living Arrangements Licensure | 22 | | and Certification Act, "Department" means the Department of |
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| 1 | | Human Services.
| 2 | | "Electronic monitoring device" means a surveillance | 3 | | instrument with a fixed position video camera or an audio | 4 | | recording device, or a combination thereof, that is installed | 5 | | in a resident's room under the provisions of this Act and | 6 | | broadcasts or records activity or sounds occurring in the room. | 7 | | "Facility" means an intermediate care facility for the | 8 | | developmentally disabled licensed under the ID/DD Community | 9 | | Care Act that has 30 beds or more, a facility licensed under | 10 | | the MC/DD Act, or a long-term care facility licensed under the | 11 | | Nursing Home Care Act , or a community-integrated living | 12 | | arrangement certified under the Community-Integrated Living | 13 | | Arrangements Licensure and Certification Act . | 14 | | "Resident" means a person residing in a facility. | 15 | | "Resident's representative" has the meaning given to that | 16 | | term in (1) Section 1-123 of the Nursing Home Care Act if the | 17 | | resident resides in a facility licensed under the Nursing Home | 18 | | Care Act, (2) Section 1-123 of the ID/DD Community Care Act if | 19 | | the resident resides in a facility licensed under the ID/DD | 20 | | Community Care Act, or (3) Section 1-123 of the MC/DD Act if | 21 | | the resident resides in a facility licensed under the MC/DD | 22 | | Act. "Resident's representative" does not apply to | 23 | | community-integrated living arrangements certified under the | 24 | | Community-Integrated Living Arrangements Licensure and | 25 | | Certification Act.
| 26 | | (Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17 .) |
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| 1 | | (210 ILCS 32/65) | 2 | | Sec. 65. Rules. The Department shall adopt rules necessary | 3 | | to administer and enforce any Section of this Act. The | 4 | | Department of Human Services shall consult with the Department | 5 | | of Public Health when adopting rules to implement this Act. | 6 | | Rulemaking shall not delay the full implementation of this Act.
| 7 | | (Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17 .) | 8 | | Section 10. The Community-Integrated Living Arrangements | 9 | | Licensure and
Certification Act is amended by adding Section | 10 | | 14.5 as follows: | 11 | | (210 ILCS 135/14.5 new) | 12 | | Sec. 14.5. Authorized electronic monitoring of a
| 13 | | resident's room. | 14 | | (a) A resident shall be permitted to conduct
authorized | 15 | | electronic monitoring of the resident's room
through the use of | 16 | | electronic monitoring devices placed in the
room pursuant to | 17 | | the Authorized Electronic Monitoring in Long-Term Care | 18 | | Facilities and
Community-Integrated Living Arrangements Act. | 19 | | (b) No person shall: | 20 | | (1) intentionally retaliate or discriminate against | 21 | | any resident for consenting to authorized electronic | 22 | | monitoring under the Authorized Electronic Monitoring in | 23 | | Long-Term Care Facilities and Community-Integrated Living |
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| 1 | | Arrangements Act; or | 2 | | (2) prevent the installation or use of an electronic | 3 | | monitoring device by a resident who has provided the staff | 4 | | of the community-integrated living arrangement with notice | 5 | | and consent as required in Section 20 of the Authorized | 6 | | Electronic Monitoring in Long-Term Care Facilities and | 7 | | Community-Integrated Living Arrangements Act. | 8 | | A violation of this subsection (b) is a business offense, | 9 | | punishable by a fine not to exceed $10,000. The State's | 10 | | Attorney of the county in which the community-integrated living | 11 | | arrangement is located, or the Attorney General, shall be | 12 | | notified by the Director of any violations of this subsection | 13 | | (b). |
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