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Public Act 102-1033 Public Act 1033 102ND GENERAL ASSEMBLY |
Public Act 102-1033 | SB4024 Enrolled | LRB102 23286 KTG 32451 b |
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| 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 Section 4.04 as follows:
| (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" 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; (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)); (iii) any facility as defined by Section 1-113 of | the ID/DD Community Care Act, as now or hereafter amended; | (iv) any facility as defined by Section 1-113 of MC/DD | Act, as now or hereafter amended; and (v) any facility | licensed under Section 4-105 or 4-201 of the Specialized | Mental Health Rehabilitation Act of 2013, 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; 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 aged 60 or | over or an adult with a disability aged 18 through 59 who | is 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 person aged 60 or over | or an adult with a disability aged 18 through 59 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
facilities and 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 | they serve. | 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, 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 ID/DD Community Care Act or | the MC/DD 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 | ID/DD Community Care Act or the MC/DD 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;
| (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; and
| (iii) permit a representative of the Program to | communicate privately and without restriction with any | participant who consents to the communication | regardless of the consent of, or withholding of |
| consent by, a legal guardian or an agent named in a | power of attorney executed by the participant. | (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 State Long Term Care Ombudsman 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. | (k) Each Regional Ombudsman may, in accordance with rules | promulgated by the Office, establish a multi-disciplinary team | to act in an advisory role for the purpose of providing | professional knowledge and expertise in handling complex |
| abuse, neglect, and advocacy issues involving participants. | Each multi-disciplinary team may consist of one or more | volunteer representatives from any combination of at least 7 | members from the following professions: banking or finance; | disability care; health care; pharmacology; law; law | enforcement; emergency responder; mental health care; clergy; | coroner or medical examiner; substance abuse; domestic | violence; sexual assault; or other related fields. To support | multi-disciplinary teams in this role, law enforcement | agencies and coroners or medical examiners shall supply | records as may be requested in particular cases. The Regional | Ombudsman, or his or her designee, of the area in which the | multi-disciplinary team is created shall be the facilitator of | the multi-disciplinary team. | (Source: P.A. 98-380, eff. 8-16-13; 98-989, eff. 1-1-15; | 99-180, eff. 7-29-15; 99-712, eff. 8-5-16.)
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Effective Date: 1/1/2023
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