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Public Act 102-1080


 

Public Act 1080 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1080
 
SB1633 EnrolledLRB102 15475 CPF 20838 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 Sections 2-101, 2-112, 2-113, and 3-209 as follows:
 
    (210 ILCS 45/2-101)  (from Ch. 111 1/2, par. 4152-101)
    Sec. 2-101. No resident shall be deprived of any rights,
benefits, or privileges guaranteed by State or federal law,
the Constitution of the State of Illinois, or the Constitution
of the United States solely on account of his or her status as
a resident of a facility. Residents shall have the right to be
treated with courtesy and respect by employees or persons
providing medical services or care and shall have their human
and civil rights maintained in all aspects of medical care as
defined in the State Operations Manual for Long-Term Care
Facilities. In accordance with 42 CFR 483.10, residents shall
have their basic human needs, including, but not limited to,
water, food, medication, toileting, and personal hygiene,
accommodated in a timely manner, as defined by the person and
agreed upon by the interdisciplinary team. Residents have the
right to maintain their autonomy as much as possible.
(Source: P.A. 81-223.)
 
    (210 ILCS 45/2-112)  (from Ch. 111 1/2, par. 4152-112)
    Sec. 2-112. A resident shall be permitted to present
grievances on behalf of himself or others to the
administrator, the Long-Term Care Facility Advisory Board, the
residents' advisory council, State governmental agencies, or
other persons of the resident's choice, free from restraint,
interference, coercion, or discrimination and without threat
of discharge or reprisal in any form or manner whatsoever.
Every facility licensed under this Act shall have a written
internal grievance procedure that, at a minimum:
        (1) sets forth the process to be followed;
        (2) specifies time limits, including time limits for
    facility response;
        (3) informs residents of their right to have the
    assistance of an advocate;
        (4) provides for a timely response within 25 days by
    an impartial and nonaffiliated third party, including, but
    not limited to, the Long-Term Care Ombudsman, if the
    grievance is not otherwise resolved by the facility;
        (5) requires the facility to follow applicable State
    and federal requirements for responding to and reporting
    any grievance alleging potential abuse, neglect,
    misappropriation of resident property, or exploitation;
    and
        (6) requires the facility to keep a copy of all
    grievances, responses, and outcomes for 3 years and
    provide the information to the Department upon request.
    In accordance with F574 of the State Operations Manual for
Long-Term Care Facilities, the administrator shall provide all
residents or their representatives upon admission and at
request with the name, address, and telephone number of the
appropriate State governmental office where complaints may be
lodged in language the resident can understand, which must
include notice of the grievance procedure of the facility or
program and addresses and phone numbers for the Office of
Health Care Regulation and the Long-Term Care Ombudsman
Program. 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. 81-223.)
 
    (210 ILCS 45/2-113)  (from Ch. 111 1/2, par. 4152-113)
    Sec. 2-113. A resident may refuse to perform labor for a
facility. Residents shall not perform labor or services for
the facility unless consistent with F566 of the State
Operations Manual for Long-Term Care Facilities. The
activities must be included for therapeutic purposes and be
appropriately goal related to the individual's care plan. If a
resident chooses to perform labor or services, the resident
must be compensated at or above the prevailing wage rate.
(Source: P.A. 81-223.)
 
    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
    Sec. 3-209. Required posting of information.
    (a) Every facility shall conspicuously post for display in
an area of its offices accessible to residents, employees, and
visitors the following:
        (1) Its current license;
        (2) A description, provided by the Department, of
    complaint procedures established under this Act and the
    name, address, and telephone number of a person authorized
    by the Department to receive complaints;
        (3) A copy of any order pertaining to the facility
    issued by the Department or a court; and
        (4) A list of the material available for public
    inspection under Section 3-210; .
        (5) Phone numbers and websites for rights protection
    services must be posted in common areas and at the main
    entrance and provided upon entry and at the request of
    residents or the resident's representative in accordance
    with 42 CFR 483.10(j)(4); and
        (6) The statement "The Illinois Long-Term Care
    Ombudsman Program is a free resident advocacy service
    available to the public.".
    In accordance with F574 of the State Operations Manual for
Long-Term Care Facilities, the administrator shall post for
all residents and at the main entrance the name, address, and
telephone number of the appropriate State governmental office
where complaints may be lodged in language the resident can
understand, which must include notice of the grievance
procedure of the facility or program as well as addresses and
phone numbers for the Office of Health Care Regulation and the
Long-Term Care Ombudsman Program and a website showing the
information of a facility's ownership. The facility shall
include a link to the Long-Term Care Ombudsman Program's
website on the home page of the facility's website.
    (b) A facility that has received a notice of violation for
a violation of the minimum staffing requirements under Section
3-202.05 shall display, during the period of time the facility
is out of compliance, a notice stating in Calibri (body) font
and 26-point type in black letters on an 8.5 by 11 inch white
paper the following:
 
"Notice Dated: ...................
This facility does not currently meet the minimum staffing
ratios required by law. Posted at the direction of the
Illinois Department of Public Health.".
 
The notice must be posted, at a minimum, at all publicly used
exterior entryways into the facility, inside the main entrance
lobby, and next to any registration desk for easily accessible
viewing. The notice must also be posted on the main page of the
facility's website. The Department shall have the discretion
to determine the gravity of any violation and, taking into
account mitigating and aggravating circumstances and facts,
may reduce the requirement of, and amount of time for, posting
the notice.
(Source: P.A. 101-10, eff. 6-5-19.)

Effective Date: 1/1/2023