Public Act 097-0107
 
HB1096 EnrolledLRB097 02859 RPM 42881 b


  
    AN ACT concerning health facilities.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Nursing Home Care Act is amended  by changing 
Section 2-213 as follows:
 



    (210 ILCS 45/2-213)



    Sec. 2-213. Vaccinations. 

    (a) A facility shall annually administer or arrange for 
administration of a vaccination against influenza to
each

resident, in accordance with the recommendations of the 
Advisory Committee on
Immunization Practices of the Centers for 
Disease Control and Prevention that
are most
recent to the time 
of vaccination, unless the vaccination is medically

contraindicated or
the resident has refused the vaccine. 
Influenza vaccinations for all residents
age 65 and
over shall 
be completed by November 30 of each year or as soon as 
practicable
if vaccine
supplies are not available before 
November 1. Residents admitted after November
30,
during the 
flu season, and until February 1 shall, as medically 
appropriate,
receive an influenza vaccination prior to or upon 
admission or as soon as
practicable if vaccine
supplies are not 
available at the time of the admission, unless the vaccine is

medically
contraindicated or the resident has refused the 
vaccine. In the event that the
Advisory
Committee on 
Immunization Practices of the Centers for Disease Control and

Prevention
determines that dates of administration other than 
those stated in this Act are
optimal to
protect the health of 
residents, the Department is authorized to develop rules
to 
mandate
vaccinations at those times rather than the times 
stated in this Act. A
facility shall document in the resident's 
medical record that an annual
vaccination against influenza
was 
administered, arranged, refused or medically contraindicated.

    (b) A facility shall administer or arrange for 
administration of a pneumococcal
vaccination to each resident 
who is age 65 and over, in accordance with the
recommendations 
of the Advisory Committee on Immunization Practices of the

Centers
for Disease Control and Prevention, who has not 
received this immunization
prior to or
upon admission to the 
facility, unless the resident refuses the offer for
vaccination 
or the
vaccination is medically contraindicated. A facility 
shall document in each
resident's
medical record that a 
vaccination against pneumococcal pneumonia was offered
and 
administered, arranged, refused, or medically contraindicated. 

    (c) All persons seeking admission to a nursing facility 
shall be verbally screened for risk factors associated with 
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus 
(HIV) according to guidelines established by the U.S. Centers 
for Disease Control and Prevention. Persons who are identified 
as being at high risk for hepatitis B, hepatitis C, or HIV 
shall be offered an opportunity to undergo laboratory testing 
in order to determine infection status if they will be admitted 
to the nursing facility for at least 7 days and are not known 
to be infected with any of the listed  viruses. All HIV testing 
shall be conducted in compliance with the AIDS Confidentiality 
Act. All persons determined to be susceptible to the hepatitis 
B virus shall be offered immunization within 10 days of 
admission to any nursing facility. A facility shall document in 
the resident's medical record that he or she was verbally 
screened for risk factors associated with hepatitis B, 
hepatitis C, and HIV, and whether or not the resident was 
immunized against hepatitis B. Nothing in this subsection (c) 
shall apply to a nursing facility licensed or regulated by the 
Illinois Department of Veterans' Affairs. 
    (d) A skilled nursing facility shall designate a person or 
persons as Infection Prevention and Control Professionals to 
develop and implement policies governing control of infections 
and communicable diseases. The Infection Prevention and 
Control Professionals shall be qualified through education, 
training, experience, or certification or a combination of such 
qualifications. The Infection Prevention and Control 
Professional's qualifications shall be documented and shall be 
made available for inspection by the Department. 
(Source: P.A. 96-1259, eff. 1-1-11.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2012.