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92_SB0381 LRB9205799LBmb 1 AN ACT in relation to nursing home care. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Home Care Act is amended by 5 changing Section 2-204 as follows: 6 (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204) 7 Sec. 2-204. Long-Term Quality Care Facility Advisory 8 Board. 9 (a) There is hereby created a Long-Term Quality Care 10 Facility Advisory Board whose members are appointed by the 11 Governor and that shall consist of: 12 (1) two members who shall be selected from the 13 recommendations of organizations whose membership 14 consists of facilities; 15 (2) one member who shall be a physician licensed to 16 practice medicine in all its branches and does not have a 17 fiduciary or other affiliation with a long-term care 18 facility; 19 (3) one member who shall be a registered nurse 20 selected from the recommendations of the Board of Nursing 21 and does not have a fiduciary or other affiliation with a 22 long-term care facility; 23 (4) four members who shall represent the general 24 public who are not members of a residents' advisory 25 council established under Section 2-203 and do not have a 26 fiduciary or other affiliation with a long-term care 27 facility; 28 (5) four members who shall consist of residents or 29 residents' representatives from the recommendations of 30 consumer organizations that engage in advocacy or legal 31 representation on behalf of residents and their immediate -2- LRB9205799LBmb 1 families and do not have a fiduciary or other affiliation 2 with a long-term care facility; 3 (6) four members of consumer advocacy organizations 4 who shall be selected from the recommendations of 5 consumer organizations that engage in advocacy or legal 6 representation on behalf of residents and their immediate 7 families and do not have a fiduciary or other affiliation 8 with a long-term care facility; 9 (7) one member employed as a professional by an 10 Illinois university or college advanced degree 11 gerontology program from the recommendations of consumer 12 or advocacy organizations and who does not have a 13 fiduciary or other affiliation with a long-term care 14 facility; and 15 (8) one representative each from the Department of 16 Public Aid, the Department of Public Health, the 17 Department of Human Services, the Department on Aging, 18 the Office of the State Fire Marshal, and the Department 19 of Professional Regulation, all nonvoting members. 20 (b) The terms of the members shall be for 3 years with a 21 maximum of 2 consecutive terms. 22 (c) The duties of the Long-Term Quality Care Facility 23 Advisory Board include the following: 24 (1) to advise the Department of Public Aid, the 25 Department of Public Health, the Department of Human 26 Services, the Department on Aging, the Department of 27 Professional Regulation, the Governor, and the General 28 Assembly; 29 (2) to assist the Department of Public Aid, the 30 Department of Public Health, the Department of Human 31 Services, the Department on Aging, the Department of 32 Professional Regulation, and the Governor in reporting 33 and developing data and evaluations in identifying and 34 addressing the underlying problems of residents in -3- LRB9205799LBmb 1 long-term care facilities; 2 (3) to advise the Department of Public Health 3 relative to qualifications for administrative judges and 4 the rules and procedures for hearings conducted; 5 (4) to advise the Department of Public Health on 6 promoting the rights of residents through procedures; 7 (5) to comment publicly on any rules proposed by 8 the State or Federal government regarding the concerns of 9 residents and the underlying problems of quality of care 10 and dignity of life; 11 (6) to advise State and local agencies regarding 12 educational materials and programs needed to improve the 13 quality of care within nursing homes to enable residents 14 to fully exercise their constitutional and legal rights 15 and entitlements as citizens; 16 (7) to advise the State agencies on research for 17 policy decisions; and 18 (8) to publish an annual Illinois Consumer Report 19 for long-term care that includes information on human 20 resources indicators critical to facility care in an 21 easily understandable format. 22 (d) The Board shall organize with a chairman selected by 23 the Board members and shall meet at the call of the chairman 24 or 3 Board members upon 10 days written notice, but not less 25 than 6 times a year. 26 (e) The Board shall establish subcommittees, as it deems 27 appropriate, to review special long-term care facility issues 28 including, but not limited to, State reimbursement, staff 29 training, and certification and licensure of long-term care 30 facilities. 31 (f) The Board shall have the authority to hold hearings, 32 conduct studies, issue press releases, and perform other 33 functions in carrying out its duties. 34 (g) The Board shall consider any rule or plan submitted -4- LRB9205799LBmb 1 by a State agency affecting the rights of residents or 2 long-term care within 60 days after its receipt by the 3 chairman. 4 (h) The Advisory Board shall advise the Department of 5 Public Health on all aspects of its responsibilities under 6 this Act, including the format and content of any rules 7 promulgated by the Department of Public Health. Any such 8 rules, except emergency rules promulgated pursuant to Section 9 5-45 of the Illinois Administrative Procedure Act, 10 promulgated without obtaining the advice of the Board are 11 null and void. In the event that the Department fails to 12 follow the advice of the Board, the Department shall, prior 13 to the promulgation of such rules, transmit a written 14 explanation of the reason thereof to the Board. During its 15 review of rules, the Board shall analyze the economic and 16 regulatory impact of these rules. If the Advisory Board, 17 having been asked for its advice, fails to advise the 18 Department within 90 days, the rules shall be considered 19 acted upon. 20 (i) The Department of Public Health shall designate an 21 employee to act as executive secretary of the Board and shall 22 furnish all professional and clerical assistance necessary 23 for the performance of its powers and duties, including 24 public notices of the meetings. 25 (j) A quorum shall consist of 6 members of the Board and 26 affirmative action shall require the vote of 6 members of the 27 Board. 28 (k) A member of the Board can designate a replacement to 29 serve at the Board meeting and vote in place of the member by 30 submitting a letter of designation to the chairman prior to 31 or at the Board meeting. The replacement cannot have a 32 fiduciary or other affiliation with any long-term care 33 facility that would cause a potential conflict of interest 34 unless the member represents a facility organization. -5- LRB9205799LBmb 1 (l) Members of the Board shall serve without 2 compensation, but shall be entitled to reasonable amounts for 3 expenses necessarily incurred in the performance of their 4 duties. 5 (m) The Board shall develop by-laws, including 6 procedures for public participation for efficient board 7 operation. 8
The Director shall appoint a Long-Term Care Facility9 Advisory Board to consult with the Department and the10 residents' advisory councils created under Section 2-203.11 (a) The Board shall be comprised of the following12 persons:13 (1) The Director who shall serve as chairman, ex14 officio and nonvoting; and15 (2) One representative each of the Department of16 Public Aid, the Department of Human Services, the17 Department on Aging, and the Office of the State Fire18 Marshal, all nonvoting members;19 (3) One member who shall be a physician licensed to20 practice medicine in all its branches;21 (4) One member who shall be a registered nurse22 selected from the recommendations of professional nursing23 associations;24 (5) Four members who shall be selected from the25 recommendations by organizations whose membership26 consists of facilities;27 (6) Two members who shall represent the general28 public who are not members of a residents' advisory29 council established under Section 2-203 and who have no30 responsibility for management or formation of policy or31 financial interest in a facility;32 (7) One member who is a member of a residents'33 advisory council established under Section 2-203 and is34 capable of actively participating on the Board; and-6- LRB9205799LBmb 1 (8) One member who shall be selected from the2 recommendations of consumer organizations which engage3 solely in advocacy or legal representation on behalf of4 residents and their immediate families.5 (b) The terms of those members of the Board appointed6 prior to the effective date of this amendatory Act of 19887 shall expire on December 31, 1988. Members of the Board8 created by this amendatory Act of 1988 shall be appointed to9 serve for terms as follows: 3 for 2 years, 3 for 3 years and10 3 for 4 years. The member of the Board added by this11 amendatory Act of 1989 shall be appointed to serve for a term12 of 4 years. Each successor member shall be appointed for a13 term of 4 years. Any member appointed to fill a vacancy14 occurring prior to the expiration of the term for which his15 predecessor was appointed shall be appointed for the16 remainder of such term. The Board shall meet as frequently17 as the chairman deems necessary, but not less than 4 times18 each year. Upon request by 4 or more members the chairman19 shall call a meeting of the Board. The affirmative vote of 620 members of the Board shall be necessary for Board action. A21 member of the Board can designate a replacement to serve at22 the Board meeting and vote in place of the member by23 submitting a letter of designation to the chairman prior to24 or at the Board meeting. The Board members shall be25 reimbursed for their actual expenses incurred in the26 performance of their duties.27 (c) The Advisory Board shall advise the Department of28 Public Health on all aspects of its responsibilities under29 this Act, including the format and content of any rules30 promulgated by the Department of Public Health. Any such31 rules, except emergency rules promulgated pursuant to Section32 5-45 of the Illinois Administrative Procedure Act,33 promulgated without obtaining the advice of the Advisory34 Board are null and void. In the event that the Department-7- LRB9205799LBmb 1 fails to follow the advice of the Board, the Department2 shall, prior to the promulgation of such rules, transmit a3 written explanation of the reason thereof to the Board.4 During its review of rules, the Board shall analyze the5 economic and regulatory impact of those rules. If the6 Advisory Board, having been asked for its advice, fails to7 advise the Department within 90 days, the rules shall be8 considered acted upon.9 (Source: P.A. 88-45; 89-507, eff. 7-1-97.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.
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