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Public Act 102-0647


 

Public Act 0647 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0647
 
SB2270 EnrolledLRB102 16342 CPF 22618 b

    AN ACT concerning regulation.
 
    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 3-120 as follows:
 
    (210 ILCS 45/3-120)
    Sec. 3-120. Certification of behavioral management units.
    (a) No later than January 1, 2022 2011, the Department
shall file with the Secretary of State's Office Joint
Committee on Administrative Rules, pursuant to the Illinois
Administrative Procedure Act, proposed rules or proposed
amendments to existing rules to certify nursing homes or
distinct self-contained units within existing nursing homes
for the behavioral management of persons with a high risk of
aggression. The purpose of the certification program is to
ensure that the safety of residents, employees, and the public
is preserved. No more than 3 facilities shall be certified in
the first 3 years after the effective date of this amendatory
Act of the 102nd General Assembly. Prior to the expansion of
the number of certified facilities, the Department shall
collaborate with stakeholders, including, but not limited to,
organizations whose membership consists of congregate
long-term care facilities, to evaluate the efficacy of the
certification program.
    (b) The Department's rules shall, at a minimum, provide
for the following:
        (1) A security and safety assessment, completed before
    admission to a certified unit if an Identified Offender
    Report and Recommendation or other criminal risk analysis
    has not been completed, to identify existing or potential
    residents at risk of committing violent acts and determine
    appropriate preventive action to be taken. The assessment
    shall include, but need not be limited to, (i) a measure of
    the frequency of, (ii) an identification of the
    precipitating factors for, and (iii) the consequences of,
    violent acts. The security and safety assessment shall be
    in addition to any risk-of-harm assessment performed by a
    PAS screener, but may use the results of this or any other
    assessment. The security and safety assessment shall be
    completed by the same licensed forensic psychologist who
    prepares Identified Offender Reports and Recommendations
    for identified offenders.
        (2) Development of an individualized treatment and
    behavior management plan for each resident to reduce
    overall and specific risks.
        (3) Room selection and appropriateness of roommate
    assignment.
        (4) Protection of residents, employees, and members of
    the public from aggression by residents.
        (5) Supervision and monitoring.
        (6) Staffing levels.
        (7) Quality assurance and improvement.
        (8) Staff training, conducted during orientation and
    periodically thereafter, specific to each job description
    covering the following topics as appropriate:
            (A) The violence escalation cycle.
            (B) Violence predicting factors.
            (C) Obtaining a history from a resident with a
        history of violent behavior.
            (D) Verbal and physical techniques to de-escalate
        and minimize violent behavior.
            (E) Strategies to avoid physical harm.
            (F) Containment techniques, as permitted and
        governed by law.
            (G) Appropriate treatment to reduce violent
        behavior.
            (H) Documenting and reporting incidents of
        violence.
            (I) The process whereby employees affected by a
        violent act may be debriefed or calmed down and the
        tension of the situation may be reduced.
            (J) Any resources available to employees for
        coping with violence.
            (K) Any other topic deemed appropriate based on
        job description and the needs of this population.
        (9) Elimination or reduction of environmental factors
    that affect resident safety.
        (10) Periodic independent reassessment of the
    individual resident for appropriateness of continued
    placement on the certified unit. For the purposes of this
    paragraph (10), "independent" means that no professional
    or financial relationship exists between any person making
    the assessment and any community provider or long term
    care facility.
        (11) A definition of a "person with high risk of
    aggression". The definition shall not include any person
    with a serious mental illness who is eligible to receive
    services under the Specialized Mental Health
    Rehabilitation Act of 2013.
    The Department shall develop the administrative rules
under this subsection (b) in collaboration with other relevant
State agencies and in consultation with (i) advocates for
residents, (ii) providers of nursing home services, and (iii)
labor and employee-representation organizations.
    (c) A long term care facility found to be out of compliance
with the certification requirements under Section 3-120 may be
subject to denial, revocation, or suspension of the behavioral
management unit certification or the imposition of sanctions
and penalties, including the immediate suspension of new
admissions. Hearings shall be conducted pursuant to Part 7 of
Article III of this Act.
    (d) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing long
term care facilities.
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2021