Public Act 096-1146
 
HB5323 EnrolledLRB096 17650 KTG 33008 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The MR/DD Community Care Act is amended by
changing Sections 2-112, 2-203, 2-204, and 3-303.1 as follows:
 
    (210 ILCS 47/2-112)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2-112. Grievances. A resident shall be permitted to
present grievances on behalf of himself or herself or others to
the administrator, the DD Long-Term Care Facility Advisory
Board established under Section 2-204 of this Act the Nursing
Home Care Act, the residents' advisory council, State
governmental agencies or other persons without threat of
discharge or reprisal in any form or manner whatsoever. The
administrator shall provide all residents or their
representatives with the name, address, and telephone number of
the appropriate State governmental office where complaints may
be lodged.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/2-203)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2-203. Residents' advisory council. Each facility
shall establish a residents' advisory council. The
administrator shall designate a member of the facility staff to
coordinate the establishment of, and render assistance to, the
council.
    (a) The composition of the residents' advisory council
shall be specified by Department regulation, but no employee or
affiliate of a facility shall be a member of any council.
    (b) The council shall meet at least once each month with
the staff coordinator who shall provide assistance to the
council in preparing and disseminating a report of each meeting
to all residents, the administrator, and the staff.
    (c) Records of the council meetings will be maintained in
the office of the administrator.
    (d) The residents' advisory council may communicate to the
administrator the opinions and concerns of the residents. The
council shall review procedures for implementing resident
rights, facility responsibilities and make recommendations for
changes or additions which will strengthen the facility's
policies and procedures as they affect residents' rights and
facility responsibilities.
    (e) The council shall be a forum for:
        (1) Obtaining and disseminating information;
        (2) Soliciting and adopting recommendations for
    facility programing and improvements;
        (3) Early identification and for recommending orderly
    resolution of problems.
    (f) The council may present complaints as provided in
Section 3-702 on behalf of a resident to the Department, the DD
Long-Term Care Facility Advisory Board established under
Section 2-204 of this Act the Nursing Home Care Act or to any
other person it considers appropriate.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/2-204)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2-204. DD Long-Term Care Facility Advisory Board. The
Director shall appoint a DD Facility Advisory Board to consult
with the Department and the residents' advisory councils
created under Section 2-203.
    (a) The Advisory Board shall be composed of the following
persons:
        (1) the Director who shall serve as chairperson, ex
    officio, and nonvoting;
        (2) one representative each of the Department of
    Healthcare and Family Services, the Department of Human
    Services, and the Office of the State Fire Marshal, all
    nonvoting members;
        (3) one member who shall be a physician licensed to
    practice medicine in all its branches;
        (4) one member who shall be a behavioral specialist
    selected from the recommendations of the Department of
    Human Services;
        (5) three members who shall be selected from the
    recommendations by organizations whose membership consists
    of facilities;
        (6) two members who shall represent the general public
    who are not members of a residents' advisory council
    established under Section 2-203 and who have no
    responsibility for management or formation of policy or
    financial interest in a facility;
        (7) one member who is a member of a residents' advisory
    council established under Section 2-203 and is capable of
    actively participating on the Advisory Board; and
        (8) one member who shall be selected from the
    recommendations of consumer organizations that engage
    solely in advocacy or legal representation on behalf of
    residents and their immediate families.
    (b) The Advisory Board shall meet as frequently as the
chairperson deems necessary, but not less than 4 times each
year. Upon request by 4 or more members, the chairperson shall
call a meeting of the Advisory Board. The affirmative vote of 6
members of the Advisory Board shall be necessary for Advisory
Board action. A member of the Advisory Board may designate a
replacement to serve at the Advisory Board meeting and vote in
place of the member by submitting a letter of designation to
the chairperson prior to or at the Advisory Board meeting. The
Advisory Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
    (c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under this
Act, including the format and content of any rules promulgated
by the Department of Public Health. Any such rules, except
emergency rules promulgated pursuant to Section 5-45 of the
Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.
If the Department fails to follow the advice of the Advisory
Board, the Department shall, prior to the promulgation of such
rules, transmit a written explanation of the reason therefor to
the Advisory Board. During its review of rules, the Advisory
Board shall analyze the economic and regulatory impact of those
rules. If the Advisory Board, having been asked for its advice,
fails to advise the Department within 90 days, the rules shall
be considered acted upon. The Long-Term Care Facility Advisory
Board established under Section 2-204 of the Nursing Home Care
Act shall advise the Department of Public Health on all aspects
of its responsibilities under this Act, including the format
and content of any rules promulgated by the Department of
Public Health. Any such rules, except emergency rules
promulgated pursuant to Section 5-45 of the Illinois
Administrative Procedure Act, promulgated without obtaining
the advice of the Advisory Board are null and void. In the
event that the Department fails to follow the advice of the
Board, the Department shall, prior to the promulgation of such
rules, transmit a written explanation of the reason thereof to
the Board. During its review of rules, the Board shall analyze
the economic and regulatory impact of those rules. If the
Advisory Board, having been asked for its advice, fails to
advise the Department within 90 days, the rules shall be
considered acted upon.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/3-303.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 3-303.1. Waiver of facility's compliance with rule or
standard. Upon application by a facility, the Director may
grant or renew the waiver of the facility's compliance with a
rule or standard for a period not to exceed the duration of the
current license or, in the case of an application for license
renewal, the duration of the renewal period. The waiver may be
conditioned upon the facility taking action prescribed by the
Director as a measure equivalent to compliance. In determining
whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to
the same rule or standard and the validity and effect upon
patient health and safety of extending it on the same basis,
the effect upon the health and safety of residents, the quality
of resident care, the facility's history of compliance with the
rules and standards of this Act and the facility's attempts to
comply with the particular rule or standard in question. The
Department may provide, by rule, for the automatic renewal of
waivers concerning physical plant requirements upon the
renewal of a license. The Department shall renew waivers
relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can
show why such waivers should not be extended for the following
reasons:
    (a) the condition of the physical plant has deteriorated or
its use substantially changed so that the basis upon which the
waiver was issued is materially different; or
    (b) the facility is renovated or substantially remodeled in
such a way as to permit compliance with the applicable rules
and standards without substantial increase in cost. A copy of
each waiver application and each waiver granted or renewed
shall be on file with the Department and available for public
inspection. The Director shall annually review such file and
recommend to the DD Long-Term Care Facility Advisory Board
established under Section 2-204 of this Act Section 2-204 of
the Nursing Home Care Act any modification in rules or
standards suggested by the number and nature of waivers
requested and granted and the difficulties faced in compliance
by similarly situated facilities.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 99. Effective date. This Act takes effect July 1,
2010.