Public Act 098-0380
 
HB1191 EnrolledLRB098 06199 KTG 36240 b

    AN ACT concerning State government.
 
    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
changing Sections 4.01 and 4.04 as follows:
 
    (20 ILCS 105/4.01)  (from Ch. 23, par. 6104.01)
    Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
    (1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
    (2) To coordinate and evaluate all programs, services, and
facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
    (3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
    (4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
    (5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
    (6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
    (7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.
    (8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs
and facilities to meet those needs.
    (9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
    (10) To provide the staff support that may reasonably be
required by the Council.
    (11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
    (12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
    (13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
    (14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old
for jobs for which their employment would not be precluded by
law.
    (15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 senior citizens and
minority senior citizens selected from a list of 44 nominees
compiled annually by the Department. Nominations shall be
solicited from senior citizens' service providers, area
agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall establish a
central location within the State to be designated as the
Senior Illinoisans Hall of Fame for the public display of all
the annual awards, or replicas thereof.
    (16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.
    (17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
    (18) To develop a pamphlet in English and Spanish which may
be used by physicians licensed to practice medicine in all of
its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:
        (a) name and telephone number of the patient;
        (b) name and telephone number of the prescribing
    physician;
        (c) date of prescription;
        (d) name of drug prescribed;
        (e) directions for patient compliance; and
        (f) name and telephone number of dispensing pharmacy.
    In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
    (19) To conduct a study of the feasibility of implementing
the Senior Companion Program throughout the State.
    (20) The reimbursement rates paid through the community
care program for chore housekeeping services and home care
aides shall be the same.
    (21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.
    (22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
    (23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
        (a) types of services to be offered by volunteers;
        (b) types of services to be received upon the
    redemption of service credits;
        (c) issues of liability for the volunteers and the
    administering organizations;
        (d) methods of tracking service credits earned and
    service credits redeemed;
        (e) issues of time limits for redemption of service
    credits;
        (f) methods of recruitment of volunteers;
        (g) utilization of community volunteers, community
    service groups, and other resources for delivering
    services to be received by service credit program clients;
        (h) accountability and assurance that services will be
    available to individuals who have earned service credits;
    and
        (i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
    (24) To hold conferences, trainings, and other programs for
which the Department shall determine by rule a reasonable fee
to cover related administrative costs. Rules to implement the
fee authority granted by this paragraph (24) must be adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
 
    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
    Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
    (a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended. The Long Term Care Ombudsman
Program is authorized, subject to sufficient appropriations,
to advocate on behalf of older persons and persons with
disabilities residing in their own homes or community-based
settings, relating to matters which may adversely affect the
health, safety, welfare, or rights of such individuals.
    (b) Definitions. As used in this Section, unless the
context requires otherwise:
        (1) "Access" has the same meaning as in Section 1-104
    of the Nursing Home Care Act, as now or hereafter amended;
    that is, it means the right to:
            (i) Enter any long term care facility or assisted
        living or shared housing establishment or supportive
        living facility;
            (ii) Communicate privately and without restriction
        with any resident, regardless of age, who consents to
        the communication;
            (iii) Seek consent to communicate privately and
        without restriction with any participant or resident,
        regardless of age;
            (iv) Inspect the clinical and other records of a
        participant or resident, regardless of age, with the
        express written consent of the participant or
        resident;
            (v) Observe all areas of the long term care
        facility or supportive living facilities, assisted
        living or shared housing establishment except the
        living area of any resident who protests the
        observation; and .
            (vi) Subject to permission of the participant or
        resident requesting services or his or her
        representative, enter a home or community-based
        setting.
        (2) "Long Term Care Facility" means (i) any facility as
    defined by Section 1-113 of the Nursing Home Care Act, as
    now or hereafter amended; and (ii) any skilled nursing
    facility or a nursing facility which meets the requirements
    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
    (b), (c), and (d) of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
    and 42 U.S.C. 1396r(a), (b), (c), and (d)); and any
    facility as defined by Section 1-113 of the MR/DD Community
    Care Act, as now or hereafter amended.
        (2.5) "Assisted living establishment" and "shared
    housing establishment" have the meanings given those terms
    in Section 10 of the Assisted Living and Shared Housing
    Act.
        (2.7) "Supportive living facility" means a facility
    established under Section 5-5.01a of the Illinois Public
    Aid Code.
        (2.8) "Community-based setting" means any place of
    abode other than an individual's private home.
        (3) "State Long Term Care Ombudsman" means any person
    employed by the Department to fulfill the requirements of
    the Office of State Long Term Care Ombudsman as required
    under the Older Americans Act of 1965, as now or hereafter
    amended, and Departmental policy.
        (3.1) "Ombudsman" means any designated representative
    of the State Long Term Care Ombudsman Program a regional
    long term care ombudsman program; provided that the
    representative, whether he is paid for or volunteers his
    ombudsman services, shall be qualified and designated by
    the Office to perform the duties of an ombudsman as
    specified by the Department in rules and in accordance with
    the provisions of the Older Americans Act of 1965, as now
    or hereafter amended.
        (4) "Participant" means an older person or persons with
    disabilities who are eligible for services under any of the
    following:
            (i) A medical assistance waiver administered by
        the State.
            (ii) A managed care organization providing care
        coordination and other services to seniors and persons
        with disabilities.
        (5) "Resident" means an older individual who resides in
    a long-term care facility.
    (c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
and shall include a system of designated regional long term
care ombudsman programs. Each regional program shall be
designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
    The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman and
the designated regional Ombudsman programs. The administrative
rules shall include the responsibility of the Office and
designated regional programs to investigate and resolve
complaints made by or on behalf of residents of long term care
facilities, supportive living facilities, and assisted living
and shared housing establishments, and participants residing
in their own homes or community-based settings, including the
option to serve residents and participants under the age of 60,
relating to actions, inaction, or decisions of providers, or
their representatives, of such long term care facilities, of
supported living facilities, of assisted living and shared
housing establishments, of public agencies, or of social
services agencies, which may adversely affect the health,
safety, welfare, or rights of such residents and participants.
The Office and designated regional programs may represent all
residents and participants, but are not required by this Act to
represent persons under 60 years of age, except to the extent
required by federal law. When necessary and appropriate,
representatives of the Office shall refer complaints to the
appropriate regulatory State agency. The Department, in
consultation with the Office, shall cooperate with the
Department of Human Services and other State agencies in
providing information and training to designated regional long
term care ombudsman programs about the appropriate assessment
and treatment (including information about appropriate
supportive services, treatment options, and assessment of
rehabilitation potential) of the participants residents they
serve, including children, persons with mental illness (other
than Alzheimer's disease and related disorders), and persons
with developmental disabilities.
    The State Long Term Care Ombudsman and all other ombudsmen,
as defined in paragraph (3.1) of subsection (b) must submit to
background checks under the Health Care Worker Background Check
Act and receive training, as prescribed by the Illinois
Department on Aging, before visiting facilities, private
homes, or community-based settings. The training must include
information specific to assisted living establishments,
supportive living facilities, and shared housing
establishments, private homes, and community-based settings
and to the rights of residents and participants guaranteed
under the corresponding Acts and administrative rules.
    (c-5) Consumer Choice Information Reports. The Office
shall:
        (1) In collaboration with the Attorney General, create
    a Consumer Choice Information Report form to be completed
    by all licensed long term care facilities to aid
    Illinoisans and their families in making informed choices
    about long term care. The Office shall create a Consumer
    Choice Information Report for each type of licensed long
    term care facility. The Office shall collaborate with the
    Attorney General and the Department of Human Services to
    create a Consumer Choice Information Report form for
    facilities licensed under the MR/DD Community Care Act.
        (2) Develop a database of Consumer Choice Information
    Reports completed by licensed long term care facilities
    that includes information in the following consumer
    categories:
            (A) Medical Care, Services, and Treatment.
            (B) Special Services and Amenities.
            (C) Staffing.
            (D) Facility Statistics and Resident Demographics.
            (E) Ownership and Administration.
            (F) Safety and Security.
            (G) Meals and Nutrition.
            (H) Rooms, Furnishings, and Equipment.
            (I) Family, Volunteer, and Visitation Provisions.
        (3) Make this information accessible to the public,
    including on the Internet by means of a hyperlink labeled
    "Resident's Right to Know" on the Office's World Wide Web
    home page. Information about facilities licensed under the
    MR/DD Community Care Act shall be made accessible to the
    public by the Department of Human Services, including on
    the Internet by means of a hyperlink labeled "Resident's
    and Families' Right to Know" on the Department of Human
    Services' "For Customers" website.
        (4) Have the authority, with the Attorney General, to
    verify that information provided by a facility is accurate.
        (5) Request a new report from any licensed facility
    whenever it deems necessary.
        (6) Include in the Office's Consumer Choice
    Information Report for each type of licensed long term care
    facility additional information on each licensed long term
    care facility in the State of Illinois, including
    information regarding each facility's compliance with the
    relevant State and federal statutes, rules, and standards;
    customer satisfaction surveys; and information generated
    from quality measures developed by the Centers for Medicare
    and Medicaid Services.
    (d) Access and visitation rights.
        (1) In accordance with subparagraphs (A) and (E) of
    paragraph (3) of subsection (c) of Section 1819 and
    subparagraphs (A) and (E) of paragraph (3) of subsection
    (c) of Section 1919 of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
    Older Americans Act of 1965, as now or hereafter amended
    (42 U.S.C. 3058f), a long term care facility, supportive
    living facility, assisted living establishment, and shared
    housing establishment must:
            (i) permit immediate access to any resident,
        regardless of age, by a designated ombudsman; and
            (ii) permit representatives of the Office, with
        the permission of the resident's legal representative
        or legal guardian, to examine a resident's clinical and
        other records, regardless of the age of the resident,
        and if a resident is unable to consent to such review,
        and has no legal guardian, permit representatives of
        the Office appropriate access, as defined by the
        Department, in consultation with the Office, in
        administrative rules, to the resident's records.
        (2) Each long term care facility, supportive living
    facility, assisted living establishment, and shared
    housing establishment shall display, in multiple,
    conspicuous public places within the facility accessible
    to both visitors and residents and in an easily readable
    format, the address and phone number of the Office of the
    Long Term Care Ombudsman, in a manner prescribed by the
    Office.
    (e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
    (f) Business offenses.
        (1) No person shall:
            (i) Intentionally prevent, interfere with, or
        attempt to impede in any way any representative of the
        Office in the performance of his official duties under
        this Act and the Older Americans Act of 1965; or
            (ii) Intentionally retaliate, discriminate
        against, or effect reprisals against any long term care
        facility resident or employee for contacting or
        providing information to any representative of the
        Office.
        (2) A violation of this Section is a business offense,
    punishable by a fine not to exceed $501.
        (3) The Director of Aging, in consultation with the
    Office, shall notify the State's Attorney of the county in
    which the long term care facility, supportive living
    facility, or assisted living or shared housing
    establishment is located, or the Attorney General, of any
    violations of this Section.
    (g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by the
State Ombudsman or the regional ombudsmen entities of files
maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion
of the State Long Term Care Ombudsman or the person designated
by the State Ombudsman to disclose the files and records, and
the procedures shall prohibit the disclosure of the identity of
any complainant, resident, participant, witness, or employee
of a long term care provider unless:
        (1) the complainant, resident, participant, witness,
    or employee of a long term care provider or his or her
    legal representative consents to the disclosure and the
    consent is in writing;
        (2) the complainant, resident, participant, witness,
    or employee of a long term care provider gives consent
    orally; and the consent is documented contemporaneously in
    writing in accordance with such requirements as the
    Department shall establish; or
        (3) the disclosure is required by court order.
    (h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
    (i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the medical
supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility operated
exclusively by and for members or adherents of any church or
religious denomination the tenets and practices of which
include reliance solely upon spiritual means through prayer for
healing.
    (j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on moneys
in the fund shall be credited to the fund. Moneys contained in
the fund shall be used to support the purposes of this Section.
(Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09;
96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.