IL
Illinois House Bill HB2474

Illinois 2023-2024 Regular Session

Illinois House Bill HB2474 Compare Versions

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33 1 AN ACT concerning regulation.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
6-4 Section 5. The Nursing Home Care Act is amended by
7-5 changing Sections 3-209 and 3-602 and by adding Sections 2-120
8-6 and 3-125 as follows:
9-7 (210 ILCS 45/2-120 new)
10-8 Sec. 2-120. Prohibition on retaliatory action against
11-9 residents.
12-10 (a) In this Section, "retaliatory action" means an action
13-11 that is taken in retaliation for a resident's involvement in
14-12 one or more of the protected activities described in
15-13 paragraphs (1) through (8) of subsection (b) and that
16-14 interferes with a resident's quality of life at the facility
17-15 or results in either the imposition of selective restrictions
18-16 or the resident's neglect or reduced access to services.
19-17 (b) No facility, licensee of a facility, or employee of a
20-18 facility shall threaten to take or take a retaliatory action
21-19 against a resident of the facility because the resident does
22-20 any one or more of the following:
23-21 (1) complains, discloses, or threatens to disclose, to
24-22 a supervisor, a public body, including, but not limited
25-23 to, the Office of the State Long Term Care Ombudsman, or
6+4 Section 5. The Child Care Act of 1969 is amended by
7+5 changing Section 7 as follows:
8+6 (225 ILCS 10/7) (from Ch. 23, par. 2217)
9+7 Sec. 7. (a) The Department must prescribe and publish
10+8 minimum standards for licensing that apply to the various
11+9 types of facilities for child care defined in this Act and that
12+10 are equally applicable to like institutions under the control
13+11 of the Department and to foster family homes used by and under
14+12 the direct supervision of the Department. The Department shall
15+13 seek the advice and assistance of persons representative of
16+14 the various types of child care facilities in establishing
17+15 such standards. The standards prescribed and published under
18+16 this Act take effect as provided in the Illinois
19+17 Administrative Procedure Act, and are restricted to
20+18 regulations pertaining to the following matters and to any
21+19 rules and regulations required or permitted by any other
22+20 Section of this Act:
23+21 (1) The operation and conduct of the facility and
24+22 responsibility it assumes for child care;
25+23 (2) The character, suitability and qualifications of
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34-1 any other person with regulatory authority, an activity,
35-2 inaction, policy, or practice implemented by a licensee or
36-3 facility that the resident reasonably believes violates a
37-4 law, rule, or regulation;
38-5 (2) provides information to or testifies before a
39-6 public body conducting an investigation, hearing, or
40-7 inquiry into a violation of a law, rule, or regulation by
41-8 an administrator of the facility;
42-9 (3) assists or participates in a proceeding to enforce
43-10 the provisions of this Act, including a grievance
44-11 procedure under Section 2-112;
45-12 (4) seeks assistance for the resident to transition to
46-13 independent living or another setting outside of the
47-14 resident's current facility;
48-15 (5) makes a request of the facility related to the
49-16 resident's care;
50-17 (6) becomes a member of a residents' advisory council
51-18 as described in Section 2-203, a resident union, or a
52-19 similar organization;
53-20 (7) engages in activity protected in Section 3-608; or
54-21 (8) takes any other good faith action in support of
55-22 any other right or remedy provided by law.
56-23 (c) A resident of a facility who alleges a violation of
57-24 subsection (b) by a facility, the licensee of a facility, or an
58-25 employee of a facility may bring a civil action for damages
59-26 against the facility, the licensee who is responsible for the
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34+1 the applicant and other persons directly responsible for
35+2 the care and welfare of children served. All child day
36+3 care center licensees and employees who are required to
37+4 report child abuse or neglect under the Abused and
38+5 Neglected Child Reporting Act shall be required to attend
39+6 training on recognizing child abuse and neglect, as
40+7 prescribed by Department rules;
41+8 (3) The general financial ability and competence of
42+9 the applicant to provide necessary care for children and
43+10 to maintain prescribed standards;
44+11 (4) The number of individuals or staff required to
45+12 insure adequate supervision and care of the children
46+13 received. The standards shall provide that each child care
47+14 institution, maternity center, day care center, group
48+15 home, day care home, and group day care home shall have on
49+16 its premises during its hours of operation at least one
50+17 staff member certified in first aid, in the Heimlich
51+18 maneuver and in cardiopulmonary resuscitation by the
52+19 American Red Cross or other organization approved by rule
53+20 of the Department. Child welfare agencies shall not be
54+21 subject to such a staffing requirement. The Department may
55+22 offer, or arrange for the offering, on a periodic basis in
56+23 each community in this State in cooperation with the
57+24 American Red Cross, the American Heart Association or
58+25 other appropriate organization, voluntary programs to
59+26 train operators of foster family homes and day care homes
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70-1 facility, or both, within 2 years after the date of the last
71-2 violation of subsection (b) that is alleged in the resident's
72-3 complaint. A violation of subsection (b) may be established
73-4 upon a finding that (i) the facility, the licensee of the
74-5 facility, or the employee of the facility engaged in conduct
75-6 described in subsection (b) and (ii) this conduct was a
76-7 contributing factor in the retaliatory action alleged by the
77-8 resident.
78-9 (d) For each claimed violation of subsection (b) by a
79-10 facility, a licensee of a facility, or an employee of a
80-11 facility, the facility, the licensee who is responsible for
81-12 the facility, or both may also be liable to the resident for
82-13 additional damages in an amount equal to the average monthly
83-14 billing rate for Medicaid recipients in the facility.
84-15 (e) A copy of any complaint filed under this Section shall
85-16 be filed with the Department.
86-17 (f) To ensure compliance with the requirements of this
87-18 Section, each licensee shall annually provide to the residents
88-19 of its facility and their next of kin, a document containing a
89-20 description of the retaliation complaint procedures and
90-21 remedies established under this Act. The licensee shall file
91-22 this document in the resident's document file. This document
92-23 shall also be made available to the resident, the resident's
93-24 representative, the Department, or the Office of the State
94-25 Long Term Care Ombudsman upon request.
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70+1 in first aid and cardiopulmonary resuscitation;
71+2 (5) The appropriateness, safety, cleanliness, and
72+3 general adequacy of the premises, including maintenance of
73+4 adequate fire prevention and health standards conforming
74+5 to State laws and municipal codes to provide for the
75+6 physical comfort, care, and well-being of children
76+7 received;
77+8 (6) Provisions for food, clothing, educational
78+9 opportunities, program, equipment and individual supplies
79+10 to assure the healthy physical, mental, and spiritual
80+11 development of children served;
81+12 (7) Provisions to safeguard the legal rights of
82+13 children served;
83+14 (8) Maintenance of records pertaining to the
84+15 admission, progress, health, and discharge of children,
85+16 including, for day care centers and day care homes,
86+17 records indicating each child has been immunized as
87+18 required by State regulations. The Department shall
88+19 require proof that children enrolled in a facility have
89+20 been immunized against Haemophilus Influenzae B (HIB);
90+21 (9) Filing of reports with the Department;
91+22 (10) Discipline of children;
92+23 (11) Protection and fostering of the particular
93+24 religious faith of the children served;
94+25 (12) Provisions prohibiting firearms on day care
95+26 center premises except in the possession of peace
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105-1 (210 ILCS 45/3-125 new)
106-2 Sec. 3-125. Retaliation-prevention training. The
107-3 administrators of a facility licensed under this Act shall
108-4 ensure that all staff of the facility receive annual
109-5 in-service training designed to prevent retaliatory actions
110-6 from being taken against residents of the facility.
111-7 Administrators shall ensure that the person who conducts the
112-8 in-service training at a facility is familiar with the
113-9 specific needs of the resident population at the facility.
114-10 With the advice and consent of the Office of the State Long
115-11 Term Care Ombudsman, the Department shall adopt rules that set
116-12 forth the training parameters and subjects which will ensure
117-13 that the in-service training conducted by administrators under
118-14 this Section includes, at a minimum, a discussion of the
119-15 following topics:
120-16 (1) a resident's right to file complaints and voice
121-17 grievances in the event of retaliation;
122-18 (2) examples of what might constitute retaliation
123-19 against a resident; and
124-20 (3) methods of preventing employee retaliation against
125-21 residents and alleviating a resident's fear of
126-22 retaliation.
127-23 (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
128-24 Sec. 3-209. Required posting of information.
129-25 (a) Every facility shall conspicuously post for display in
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106+1 officers;
107+2 (13) Provisions prohibiting handguns on day care home
108+3 premises except in the possession of peace officers or
109+4 other adults who must possess a handgun as a condition of
110+5 employment and who reside on the premises of a day care
111+6 home;
112+7 (14) Provisions requiring that any firearm permitted
113+8 on day care home premises, except handguns in the
114+9 possession of peace officers, shall be kept in a
115+10 disassembled state, without ammunition, in locked storage,
116+11 inaccessible to children and that ammunition permitted on
117+12 day care home premises shall be kept in locked storage
118+13 separate from that of disassembled firearms, inaccessible
119+14 to children;
120+15 (15) Provisions requiring notification of parents or
121+16 guardians enrolling children at a day care home of the
122+17 presence in the day care home of any firearms and
123+18 ammunition and of the arrangements for the separate,
124+19 locked storage of such firearms and ammunition;
125+20 (16) Provisions requiring all licensed child care
126+21 facility employees who care for newborns and infants to
127+22 complete training every 3 years on the nature of sudden
128+23 unexpected infant death (SUID), sudden infant death
129+24 syndrome (SIDS), and the safe sleep recommendations of the
130+25 American Academy of Pediatrics; and
131+26 (17) With respect to foster family homes, provisions
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140-1 an area of its offices accessible to residents, employees, and
141-2 visitors the following:
142-3 (1) Its current license;
143-4 (2) A description, provided by the Department, of
144-5 complaint procedures established under this Act and the
145-6 name, address, and telephone number of a person authorized
146-7 by the Department to receive complaints;
147-8 (3) A copy of any order pertaining to the facility
148-9 issued by the Department or a court;
149-10 (4) A list of the material available for public
150-11 inspection under Section 3-210;
151-12 (5) Phone numbers and websites for rights protection
152-13 services must be posted in common areas and at the main
153-14 entrance and provided upon entry and at the request of
154-15 residents or the resident's representative in accordance
155-16 with 42 CFR 483.10(j)(4); and
156-17 (6) The statement "The Illinois Long-Term Care
157-18 Ombudsman Program is a free resident advocacy service
158-19 available to the public."; and .
159-20 (7) A description of the retaliation complaint
160-21 procedures and the remedies established under this Act.
161-22 In accordance with F574 of the State Operations Manual for
162-23 Long-Term Care Facilities, the administrator shall post for
163-24 all residents and at the main entrance the name, address, and
164-25 telephone number of the appropriate State governmental office
165-26 where complaints may be lodged in language the resident can
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142+1 requiring the Department to review quality of care
143+2 concerns and to consider those concerns in determining
144+3 whether a foster family home is qualified to care for
145+4 children.
146+5 By July 1, 2022, all licensed day care home providers,
147+6 licensed group day care home providers, and licensed day care
148+7 center directors and classroom staff shall participate in at
149+8 least one training that includes the topics of early childhood
150+9 social emotional learning, infant and early childhood mental
151+10 health, early childhood trauma, or adverse childhood
152+11 experiences. Current licensed providers, directors, and
153+12 classroom staff shall complete training by July 1, 2022 and
154+13 shall participate in training that includes the above topics
155+14 at least once every 3 years.
156+15 (b) If, in a facility for general child care, there are
157+16 children diagnosed as mentally ill or children diagnosed as
158+17 having an intellectual or physical disability, who are
159+18 determined to be in need of special mental treatment or of
160+19 nursing care, or both mental treatment and nursing care, the
161+20 Department shall seek the advice and recommendation of the
162+21 Department of Human Services, the Department of Public Health,
163+22 or both Departments regarding the residential treatment and
164+23 nursing care provided by the institution.
165+24 (c) The Department shall investigate any person applying
166+25 to be licensed as a foster parent to determine whether there is
167+26 any evidence of current drug or alcohol abuse in the
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176-1 understand, which must include notice of the grievance
177-2 procedure of the facility or program as well as addresses and
178-3 phone numbers for the Office of Health Care Regulation and the
179-4 Long-Term Care Ombudsman Program and a website showing the
180-5 information of a facility's ownership. The facility shall
181-6 include a link to the Long-Term Care Ombudsman Program's
182-7 website on the home page of the facility's website.
183-8 (b) A facility that has received a notice of violation for
184-9 a violation of the minimum staffing requirements under Section
185-10 3-202.05 shall display, during the period of time the facility
186-11 is out of compliance, a notice stating in Calibri (body) font
187-12 and 26-point type in black letters on an 8.5 by 11 inch white
188-13 paper the following:
189-14 "Notice Dated: ...................
190-15 This facility does not currently meet the minimum staffing
191-16 ratios required by law. Posted at the direction of the
192-17 Illinois Department of Public Health.".
193-18 The notice must be posted, at a minimum, at all publicly used
194-19 exterior entryways into the facility, inside the main entrance
195-20 lobby, and next to any registration desk for easily accessible
196-21 viewing. The notice must also be posted on the main page of the
197-22 facility's website. The Department shall have the discretion
198-23 to determine the gravity of any violation and, taking into
199-24 account mitigating and aggravating circumstances and facts,
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178+1 prospective foster family. The Department shall not license a
179+2 person as a foster parent if drug or alcohol abuse has been
180+3 identified in the foster family or if a reasonable suspicion
181+4 of such abuse exists, except that the Department may grant a
182+5 foster parent license to an applicant identified with an
183+6 alcohol or drug problem if the applicant has successfully
184+7 participated in an alcohol or drug treatment program,
185+8 self-help group, or other suitable activities and if the
186+9 Department determines that the foster family home can provide
187+10 a safe, appropriate environment and meet the physical and
188+11 emotional needs of children.
189+12 (d) The Department, in applying standards prescribed and
190+13 published, as herein provided, shall offer consultation
191+14 through employed staff or other qualified persons to assist
192+15 applicants and licensees in meeting and maintaining minimum
193+16 requirements for a license and to help them otherwise to
194+17 achieve programs of excellence related to the care of children
195+18 served. Such consultation shall include providing information
196+19 concerning education and training in early childhood
197+20 development to providers of day care home services. The
198+21 Department may provide or arrange for such education and
199+22 training for those providers who request such assistance.
200+23 (e) The Department shall distribute copies of licensing
201+24 standards to all licensees and applicants for a license. Each
202+25 licensee or holder of a permit shall distribute copies of the
203+26 appropriate licensing standards and any other information
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210-1 may reduce the requirement of, and amount of time for, posting
211-2 the notice.
212-3 (Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23.)
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214+1 required by the Department to child care facilities under its
215+2 supervision. Each licensee or holder of a permit shall
216+3 maintain appropriate documentation of the distribution of the
217+4 standards. Such documentation shall be part of the records of
218+5 the facility and subject to inspection by authorized
219+6 representatives of the Department.
220+7 (f) The Department shall prepare summaries of day care
221+8 licensing standards. Each licensee or holder of a permit for a
222+9 day care facility shall distribute a copy of the appropriate
223+10 summary and any other information required by the Department,
224+11 to the legal guardian of each child cared for in that facility
225+12 at the time when the child is enrolled or initially placed in
226+13 the facility. The licensee or holder of a permit for a day care
227+14 facility shall secure appropriate documentation of the
228+15 distribution of the summary and brochure. Such documentation
229+16 shall be a part of the records of the facility and subject to
230+17 inspection by an authorized representative of the Department.
231+18 (g) The Department shall distribute to each licensee and
232+19 holder of a permit copies of the licensing or permit standards
233+20 applicable to such person's facility. Each licensee or holder
234+21 of a permit shall make available by posting at all times in a
235+22 common or otherwise accessible area a complete and current set
236+23 of licensing standards in order that all employees of the
237+24 facility may have unrestricted access to such standards. All
238+25 employees of the facility shall have reviewed the standards
239+26 and any subsequent changes. Each licensee or holder of a
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250+1 permit shall maintain appropriate documentation of the current
251+2 review of licensing standards by all employees. Such records
252+3 shall be part of the records of the facility and subject to
253+4 inspection by authorized representatives of the Department.
254+5 (h) Any standards involving physical examinations,
255+6 immunization, or medical treatment shall include appropriate
256+7 exemptions for children whose parents object thereto on the
257+8 grounds that they conflict with the tenets and practices of a
258+9 recognized church or religious organization, of which the
259+10 parent is an adherent or member, and for children who should
260+11 not be subjected to immunization for clinical reasons.
261+12 (i) The Department, in cooperation with the Department of
262+13 Public Health, shall work to increase immunization awareness
263+14 and participation among parents of children enrolled in day
264+15 care centers and day care homes by publishing on the
265+16 Department's website information about the benefits of
266+17 immunization against vaccine preventable diseases, including
267+18 influenza and pertussis. The information for vaccine
268+19 preventable diseases shall include the incidence and severity
269+20 of the diseases, the availability of vaccines, and the
270+21 importance of immunizing children and persons who frequently
271+22 have close contact with children. The website content shall be
272+23 reviewed annually in collaboration with the Department of
273+24 Public Health to reflect the most current recommendations of
274+25 the Advisory Committee on Immunization Practices (ACIP). The
275+26 Department shall work with day care centers and day care homes
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286+1 licensed under this Act to ensure that the information is
287+2 annually distributed to parents in August or September.
288+3 (j) Any standard adopted by the Department that requires
289+4 an applicant for a license to operate a day care home to
290+5 include a copy of a high school diploma or equivalent
291+6 certificate with his or her application shall be deemed to be
292+7 satisfied if the applicant includes a copy of a high school
293+8 diploma or equivalent certificate or a copy of a degree from an
294+9 accredited institution of higher education or vocational
295+10 institution or equivalent certificate.
296+11 (k) As soon as practical after the effective date of this
297+12 amendatory Act of the 103rd General Assembly, the Department
298+13 shall amend its rules establishing licensing standards for
299+14 group day care homes to provide a revised maximum authorized
300+15 extended capacity for group day care homes that is applicable
301+16 through July 1, 2025. The revised maximum extended capacity
302+17 rules adopted by the Department in its amended rules shall
303+18 allow one caregiver and 2 assistants to have the option of
304+19 caring for 2 additional children who are 30 months of age or
305+20 older, as well as 2 additional children who are attending
306+21 school full-time, notwithstanding any other provision of this
307+22 Act. The revised rules shall also provide that the second
308+23 assistant shall be present at all times when there are more
309+24 than 12 children in the home and shall prohibit the total
310+25 capacity of the group day care home from exceeding 16
311+26 children.
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322+1 (Source: P.A. 102-4, eff. 4-27-21.)
323+2 Section 99. Effective date. This Act takes effect upon
324+3 becoming law.
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