Public Act 093-0498
Public Act 93-0498 of the 93rd General Assembly
Public Act 93-0498
HB0771 Enrolled LRB093 05322 DRJ 05412 b
AN ACT in relation to aging.
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
adding Section 4.04a as follows:
(20 ILCS 105/4.04a new)
Sec. 4.04a. Illinois Long-Term Care Council.
(a) Purpose. The purpose of this Section is to ensure
that consumers over the age of 60 residing in facilities
licensed or regulated under the Nursing Home Care Act,
Skilled Nursing and Intermediate Care Facilities Code,
Sheltered Care Facilities Code, and the Illinois Veterans'
Homes Code receive high quality long-term care through an
effective Illinois Long-Term Care Council.
(b) Maintenance and operation of the Illinois Long-Term
(1) The Department shall develop a fair and
impartial process for recruiting and receiving
nominations for members for the Illinois Long-Term Care
Council from the State Long-Term Care Ombudsman, the area
agencies on aging, regional ombudsman programs, provider
agencies, and other public agencies, using a nomination
form provided by the Department.
(2) The Department shall appoint members to the
Illinois Long-Term Care Council in a timely manner.
(3) The Department shall consider and act in good
faith regarding the Illinois Long-Term Care Council's
annual report and its recommendations.
(4) The Director shall appoint to the Illinois
Long-Term Care Council at least 18 but not more than 25
(c) Responsibilities of the State Long-Term Care
Ombudsman, area agencies on aging, regional long-term care
ombudsman programs, and provider agencies. The State
Long-Term Care Ombudsman and each area agency on aging,
regional long-term care ombudsman program, and provider
agency shall solicit names and recommend members to the
Department for appointment to the Illinois Long-Term Care
(d) Powers and duties. The Illinois Long-Term Care
Council shall do the following:
(1) Make recommendations and comment on issues
pertaining to long-term care and the State Long-Term Care
Ombudsman Program to the Department.
(2) Advise the Department on matters pertaining to
the quality of life and quality of care in the continuum
of long-term care.
(3) Evaluate, comment on reports regarding, and
make recommendations on, the quality of life and quality
of care in long-term care facilities and on the duties
and responsibilities of the State Long-Term Care
(4) Prepare and circulate an annual report to the
Governor, the General Assembly, and other interested
parties concerning the duties and accomplishments of the
Illinois Long-Term Care Council and all other related
matters pertaining to long-term care and the protection
of residents' rights.
(5) Provide an opportunity for public input at each
(6) Make recommendations to the Director, upon his
or her request, as to individuals who are capable of
serving as the State Long-Term Care Ombudsman and who
should make appropriate application for that position
should it become vacant.
(e) Composition and operation. The Illinois Long-Term
Care Council shall be composed of at least 18 but not more
than 25 members concerned about the quality of life in
long-term care facilities and protecting the rights of
residents, including members from long-term care facilities.
The State Long-Term Care Ombudsman shall be a permanent
member of the Long-Term Care Council. Members shall be
appointed for a 4-year term with initial appointments
staggered with 2-year, 3-year, and 4-year terms. A lottery
will determine the terms of office for the members of the
first term. Members may be reappointed to a term but no
member may be reappointed to more than 2 consecutive terms.
The Illinois Long-Term Care Council shall meet a minimum of 3
times per calendar year.
(f) Member requirements. All members shall be
individuals who have demonstrated concern about the quality
of life in long-term care facilities. A minimum of 3 members
must be current or former residents of long-term care
facilities or the family member of a current or former
resident of a long-term care facility. A minimum of 2 members
shall represent current or former long-term care facility
resident councils or family councils. A minimum of 4 members
shall be selected from recommendations by organizations whose
members consist of long-term care facilities. A
representative of long-term care facility employees must also
be included as a member. A minimum of 2 members shall be
selected from recommendations of membership-based senior
advocacy groups or consumer organizations that engage solely
in legal representation on behalf of residents and immediate
families. There shall be non-voting State agency members on
the Long-Term Care Council from the following agencies: (i)
the Department of Veterans' Affairs; (ii) the Department of
Human Services; (iii) the Department of Public Health; (iv)
the Department on Aging; (v) the Department of Public Aid;
(vi) the Illinois State Police Medicaid Fraud Control Unit;
and (vii) others as appropriate.
Section 99. Effective date. This Act takes effect upon
Effective Date: 08/11/03