Public Act 93-0498

HB0771 Enrolled                      LRB093 05322 DRJ 05412 b

    AN ACT in relation to aging.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois Act on the Aging is amended by
adding Section 4.04a as follows:

    (20 ILCS 105/4.04a new)
    Sec. 4.04a.  Illinois Long-Term Care Council.
    (a)  Purpose. The purpose of this Section  is  to  ensure
that  consumers  over  the  age  of 60 residing in facilities
licensed or  regulated  under  the  Nursing  Home  Care  Act,
Skilled   Nursing  and  Intermediate  Care  Facilities  Code,
Sheltered Care Facilities Code, and  the  Illinois  Veterans'
Homes  Code  receive  high  quality long-term care through an
effective Illinois Long-Term Care Council.
    (b)  Maintenance and operation of the Illinois  Long-Term
Care Council.
         (1)  The   Department   shall  develop  a  fair  and
    impartial   process   for   recruiting   and    receiving
    nominations  for  members for the Illinois Long-Term Care
    Council from the State Long-Term Care Ombudsman, the area
    agencies on aging, regional ombudsman programs,  provider
    agencies,  and  other public agencies, using a nomination
    form provided by the Department.
         (2)  The Department shall  appoint  members  to  the
    Illinois Long-Term Care Council in a timely manner.
         (3)  The  Department  shall consider and act in good
    faith regarding the  Illinois  Long-Term  Care  Council's
    annual report and its recommendations.
         (4)  The  Director  shall  appoint  to  the Illinois
    Long-Term Care Council at least 18 but not more  than  25
    members.
    (c)  Responsibilities   of   the   State  Long-Term  Care
Ombudsman, area agencies on aging,  regional  long-term  care
ombudsman   programs,   and   provider  agencies.  The  State
Long-Term Care Ombudsman  and  each  area  agency  on  aging,
regional  long-term  care  ombudsman  program,  and  provider
agency  shall  solicit  names  and  recommend  members to the
Department for appointment to  the  Illinois  Long-Term  Care
Council.
    (d)  Powers  and  duties.  The  Illinois  Long-Term  Care
Council shall do the following:
         (1)  Make  recommendations  and  comment  on  issues
    pertaining to long-term care and the State Long-Term Care
    Ombudsman Program to the Department.
         (2)  Advise  the Department on matters pertaining to
    the quality of life and quality of care in the  continuum
    of long-term care.
         (3)  Evaluate,  comment  on  reports  regarding, and
    make recommendations on, the quality of life and  quality
    of  care  in  long-term care facilities and on the duties
    and  responsibilities  of  the   State   Long-Term   Care
    Ombudsman Program.
         (4)  Prepare  and  circulate an annual report to the
    Governor, the  General  Assembly,  and  other  interested
    parties  concerning the duties and accomplishments of the
    Illinois Long-Term Care Council  and  all  other  related
    matters  pertaining  to long-term care and the protection
    of residents' rights.
         (5)  Provide an opportunity for public input at each
    scheduled meeting.
         (6)  Make recommendations to the Director, upon  his
    or  her  request,  as  to  individuals who are capable of
    serving as the State Long-Term  Care  Ombudsman  and  who
    should  make  appropriate  application  for that position
    should it become vacant.
    (e)  Composition and operation.  The  Illinois  Long-Term
Care  Council  shall  be composed of at least 18 but not more
than 25 members  concerned  about  the  quality  of  life  in
long-term  care  facilities  and  protecting  the  rights  of
residents,  including members from long-term care facilities.
The State Long-Term  Care  Ombudsman  shall  be  a  permanent
member  of  the  Long-Term  Care  Council.   Members shall be
appointed  for  a  4-year  term  with  initial   appointments
staggered  with  2-year,  3-year, and 4-year terms. A lottery
will determine the terms of office for  the  members  of  the
first  term.  Members  may  be  reappointed  to a term but no
member may be reappointed to more than 2  consecutive  terms.
The Illinois Long-Term Care Council shall meet a minimum of 3
times per calendar year.
    (f)  Member    requirements.   All   members   shall   be
individuals who have demonstrated concern about  the  quality
of  life in long-term care facilities. A minimum of 3 members
must  be  current  or  former  residents  of  long-term  care
facilities or the  family  member  of  a  current  or  former
resident of a long-term care facility. A minimum of 2 members
shall  represent  current  or  former long-term care facility
resident councils or family councils. A minimum of 4  members
shall be selected from recommendations by organizations whose
members   consist   of   long-term   care   facilities.     A
representative of long-term care facility employees must also
be included as a member. A minimum  of  2  members  shall  be
selected  from  recommendations  of  membership-based  senior
advocacy  groups or consumer organizations that engage solely
in legal representation on behalf of residents and  immediate
families.   There shall be non-voting State agency members on
the Long-Term Care Council from the following  agencies:  (i)
the  Department  of Veterans' Affairs; (ii) the Department of
Human Services; (iii) the Department of Public  Health;  (iv)
the  Department  on  Aging; (v) the Department of Public Aid;
(vi) the Illinois State Police Medicaid Fraud  Control  Unit;
and (vii) others as appropriate.

    Section  99.  Effective  date. This Act takes effect upon
becoming law.