Illinois 2023-2024 Regular Session

Illinois House Bill HB2911 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB2911 EngrossedLRB103 26014 KTG 52368 b HB2911 Engrossed LRB103 26014 KTG 52368 b
2		-	HB2911 Engrossed LRB103 26014 KTG 52368 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2911 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records. LRB103 26014 KTG 52368 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2911 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records. LRB103 26014 KTG 52368 b LRB103 26014 KTG 52368 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2911 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
	3	+	20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
	4	+	20 ILCS 105/4.04 from Ch. 23, par. 6104.04
	5	+	Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records.
	6	+	LRB103 26014 KTG 52368 b LRB103 26014 KTG 52368 b
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	8	+	A BILL FOR
	9	+	HB2911LRB103 26014 KTG 52368 b HB2911 LRB103 26014 KTG 52368 b
	10	+	HB2911 LRB103 26014 KTG 52368 b
3	11		1 AN ACT concerning State government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Act on the Aging is amended by
7	15		5 changing Section 4.04 as follows:
8	16		6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
9	17		7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
10	18		8 of the Long Term Care Ombudsman Program is to ensure that older
11	19		9 persons and persons with disabilities receive quality
12	20		10 services. This is accomplished by providing advocacy services
13	21		11 for residents of long term care facilities and participants
14	22		12 receiving home care and community-based care. Managed care is
15	23		13 increasingly becoming the vehicle for delivering health and
16	24		14 long-term services and supports to seniors and persons with
17	25		15 disabilities, including dual eligible participants. The
18	26		16 additional ombudsman authority will allow advocacy services to
19	27		17 be provided to Illinois participants for the first time and
20	28		18 will produce a cost savings for the State of Illinois by
21	29		19 supporting the rebalancing efforts of the Patient Protection
22	30		20 and Affordable Care Act.
23	31		21 (a) Long Term Care Ombudsman Program. The Department shall
24	32		22 establish a Long Term Care Ombudsman Program, through the
25	33		23 Office of State Long Term Care Ombudsman ("the Office"), in
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	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2911 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
	38	+	20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
	39	+	20 ILCS 105/4.04 from Ch. 23, par. 6104.04
	40	+	Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, expands the definition of "access" to mean the right to inspect and copy (rather than inspect) the clinical and other records of a participant or resident, regardless of age, with the express written consent of the participant or resident. In provisions concerning access and visitation rights, provides that a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must permit representatives of the Office of State Long Term Care Ombudsman, with the permission of the resident or other specified persons, to examine and copy the resident's clinical and other records.
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	43	+	A BILL FOR
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34	68		1 accordance with the provisions of the Older Americans Act of
35	69		2 1965, as now or hereafter amended. The Long Term Care
36	70		3 Ombudsman Program is authorized, subject to sufficient
37	71		4 appropriations, to advocate on behalf of older persons and
38	72		5 persons with disabilities residing in their own homes or
39	73		6 community-based settings, relating to matters which may
40	74		7 adversely affect the health, safety, welfare, or rights of
41	75		8 such individuals.
42	76		9 (b) Definitions. As used in this Section, unless the
43	77		10 context requires otherwise:
44	78		11 (1) "Access" means the right to:
45	79		12 (i) Enter any long term care facility or assisted
46	80		13 living or shared housing establishment or supportive
47	81		14 living facility;
48	82		15 (ii) Communicate privately and without restriction
49	83		16 with any resident, regardless of age, who consents to
50	84		17 the communication;
51	85		18 (iii) Seek consent to communicate privately and
52	86		19 without restriction with any participant or resident,
53	87		20 regardless of age;
54	88		21 (iv) Inspect and copy the clinical and other
55	89		22 records of a participant or resident, regardless of
56	90		23 age, with the express written consent of the
57	91		24 participant or resident;
58	92		25 (v) Observe all areas of the long term care
59	93		26 facility or supportive living facilities, assisted
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70	104		1 living or shared housing establishment except the
71	105		2 living area of any resident who protests the
72	106		3 observation; and
73	107		4 (vi) Subject to permission of the participant or
74	108		5 resident requesting services or his or her
75	109		6 representative, enter a home or community-based
76	110		7 setting.
77	111		8 (2) "Long Term Care Facility" means (i) any facility
78	112		9 as defined by Section 1-113 of the Nursing Home Care Act,
79	113		10 as now or hereafter amended; (ii) any skilled nursing
80	114		11 facility or a nursing facility which meets the
81	115		12 requirements of Section 1819(a), (b), (c), and (d) or
82	116		13 Section 1919(a), (b), (c), and (d) of the Social Security
83	117		14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
84	118		15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
85	119		16 (d)); (iii) any facility as defined by Section 1-113 of
86	120		17 the ID/DD Community Care Act, as now or hereafter amended;
87	121		18 (iv) any facility as defined by Section 1-113 of MC/DD
88	122		19 Act, as now or hereafter amended; and (v) any facility
89	123		20 licensed under Section 4-105 or 4-201 of the Specialized
90	124		21 Mental Health Rehabilitation Act of 2013, as now or
91	125		22 hereafter amended.
92	126		23 (2.5) "Assisted living establishment" and "shared
93	127		24 housing establishment" have the meanings given those terms
94	128		25 in Section 10 of the Assisted Living and Shared Housing
95	129		26 Act.
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106	140		1 (2.7) "Supportive living facility" means a facility
107	141		2 established under Section 5-5.01a of the Illinois Public
108	142		3 Aid Code.
109	143		4 (2.8) "Community-based setting" means any place of
110	144		5 abode other than an individual's private home.
111	145		6 (3) "State Long Term Care Ombudsman" means any person
112	146		7 employed by the Department to fulfill the requirements of
113	147		8 the Office of State Long Term Care Ombudsman as required
114	148		9 under the Older Americans Act of 1965, as now or hereafter
115	149		10 amended, and Departmental policy.
116	150		11 (3.1) "Ombudsman" means any designated representative
117	151		12 of the State Long Term Care Ombudsman Program; provided
118	152		13 that the representative, whether he is paid for or
119	153		14 volunteers his ombudsman services, shall be qualified and
120	154		15 designated by the Office to perform the duties of an
121	155		16 ombudsman as specified by the Department in rules and in
122	156		17 accordance with the provisions of the Older Americans Act
123	157		18 of 1965, as now or hereafter amended.
124	158		19 (4) "Participant" means an older person aged 60 or
125	159		20 over or an adult with a disability aged 18 through 59 who
126	160		21 is eligible for services under any of the following:
127	161		22 (i) A medical assistance waiver administered by
128	162		23 the State.
129	163		24 (ii) A managed care organization providing care
130	164		25 coordination and other services to seniors and persons
131	165		26 with disabilities.
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142	176		1 (5) "Resident" means an older person aged 60 or over
143	177		2 or an adult with a disability aged 18 through 59 who
144	178		3 resides in a long-term care facility.
145	179		4 (c) Ombudsman; rules. The Office of State Long Term Care
146	180		5 Ombudsman shall be composed of at least one full-time
147	181		6 ombudsman and shall include a system of designated regional
148	182		7 long term care ombudsman programs. Each regional program shall
149	183		8 be designated by the State Long Term Care Ombudsman as a
150	184		9 subdivision of the Office and any representative of a regional
151	185		10 program shall be treated as a representative of the Office.
152	186		11 The Department, in consultation with the Office, shall
153	187		12 promulgate administrative rules in accordance with the
154	188		13 provisions of the Older Americans Act of 1965, as now or
155	189		14 hereafter amended, to establish the responsibilities of the
156	190		15 Department and the Office of State Long Term Care Ombudsman
157	191		16 and the designated regional Ombudsman programs. The
158	192		17 administrative rules shall include the responsibility of the
159	193		18 Office and designated regional programs to investigate and
160	194		19 resolve complaints made by or on behalf of residents of long
161	195		20 term care facilities, supportive living facilities, and
162	196		21 assisted living and shared housing establishments, and
163	197		22 participants residing in their own homes or community-based
164	198		23 settings, including the option to serve residents and
165	199		24 participants under the age of 60, relating to actions,
166	200		25 inaction, or decisions of providers, or their representatives,
167	201		26 of such facilities and establishments, of public agencies, or
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178	212		1 of social services agencies, which may adversely affect the
179	213		2 health, safety, welfare, or rights of such residents and
180	214		3 participants. The Office and designated regional programs may
181	215		4 represent all residents and participants, but are not required
182	216		5 by this Act to represent persons under 60 years of age, except
183	217		6 to the extent required by federal law. When necessary and
184	218		7 appropriate, representatives of the Office shall refer
185	219		8 complaints to the appropriate regulatory State agency. The
186	220		9 Department, in consultation with the Office, shall cooperate
187	221		10 with the Department of Human Services and other State agencies
188	222		11 in providing information and training to designated regional
189	223		12 long term care ombudsman programs about the appropriate
190	224		13 assessment and treatment (including information about
191	225		14 appropriate supportive services, treatment options, and
192	226		15 assessment of rehabilitation potential) of the participants
193	227		16 they serve.
194	228		17 The State Long Term Care Ombudsman and all other
195	229		18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
196	230		19 must submit to background checks under the Health Care Worker
197	231		20 Background Check Act and receive training, as prescribed by
198	232		21 the Illinois Department on Aging, before visiting facilities,
199	233		22 private homes, or community-based settings. The training must
200	234		23 include information specific to assisted living
201	235		24 establishments, supportive living facilities, shared housing
202	236		25 establishments, private homes, and community-based settings
203	237		26 and to the rights of residents and participants guaranteed
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214	248		1 under the corresponding Acts and administrative rules.
215	249		2 (c-5) Consumer Choice Information Reports. The Office
216	250		3 shall:
217	251		4 (1) In collaboration with the Attorney General, create
218	252		5 a Consumer Choice Information Report form to be completed
219	253		6 by all licensed long term care facilities to aid
220	254		7 Illinoisans and their families in making informed choices
221	255		8 about long term care. The Office shall create a Consumer
222	256		9 Choice Information Report for each type of licensed long
223	257		10 term care facility. The Office shall collaborate with the
224	258		11 Attorney General and the Department of Human Services to
225	259		12 create a Consumer Choice Information Report form for
226	260		13 facilities licensed under the ID/DD Community Care Act or
227	261		14 the MC/DD Act.
228	262		15 (2) Develop a database of Consumer Choice Information
229	263		16 Reports completed by licensed long term care facilities
230	264		17 that includes information in the following consumer
231	265		18 categories:
232	266		19 (A) Medical Care, Services, and Treatment.
233	267		20 (B) Special Services and Amenities.
234	268		21 (C) Staffing.
235	269		22 (D) Facility Statistics and Resident Demographics.
236	270		23 (E) Ownership and Administration.
237	271		24 (F) Safety and Security.
238	272		25 (G) Meals and Nutrition.
239	273		26 (H) Rooms, Furnishings, and Equipment.
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250	284		1 (I) Family, Volunteer, and Visitation Provisions.
251	285		2 (3) Make this information accessible to the public,
252	286		3 including on the Internet by means of a hyperlink on the
253	287		4 Office's World Wide Web home page. Information about
254	288		5 facilities licensed under the ID/DD Community Care Act or
255	289		6 the MC/DD Act shall be made accessible to the public by the
256	290		7 Department of Human Services, including on the Internet by
257	291		8 means of a hyperlink on the Department of Human Services'
258	292		9 "For Customers" website.
259	293		10 (4) Have the authority, with the Attorney General, to
260	294		11 verify that information provided by a facility is
261	295		12 accurate.
262	296		13 (5) Request a new report from any licensed facility
263	297		14 whenever it deems necessary.
264	298		15 (6) Include in the Office's Consumer Choice
265	299		16 Information Report for each type of licensed long term
266	300		17 care facility additional information on each licensed long
267	301		18 term care facility in the State of Illinois, including
268	302		19 information regarding each facility's compliance with the
269	303		20 relevant State and federal statutes, rules, and standards;
270	304		21 customer satisfaction surveys; and information generated
271	305		22 from quality measures developed by the Centers for
272	306		23 Medicare and Medicaid Services.
273	307		24 (d) Access and visitation rights.
274	308		25 (1) In accordance with subparagraphs (A) and (E) of
275	309		26 paragraph (3) of subsection (c) of Section 1819 and
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286	320		1 subparagraphs (A) and (E) of paragraph (3) of subsection
287	321		2 (c) of Section 1919 of the Social Security Act, as now or
288	322		3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
289	323		4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
290	324		5 Older Americans Act of 1965, as now or hereafter amended
291	325		6 (42 U.S.C. 3058f), a long term care facility, supportive
292	326		7 living facility, assisted living establishment, and shared
293	327		8 housing establishment must:
294	328		9 (i) permit immediate access to any resident,
295	329		10 regardless of age, by a designated ombudsman;
296	330		11 (ii) permit representatives of the Office, with
297	331		12 the permission of the resident, the resident's legal
298	332		13 representative, or the resident's legal guardian, to
299	333		14 examine and copy a resident's clinical and other
300	334		15 records, regardless of the age of the resident, and if
301	335		16 a resident is unable to consent to such review, and has
302	336		17 no legal guardian, permit representatives of the
303	337		18 Office appropriate access, as defined by the
304	338		19 Department, in consultation with the Office, in
305	339		20 administrative rules, to the resident's records; and
306	340		21 (iii) permit a representative of the Program to
307	341		22 communicate privately and without restriction with any
308	342		23 participant who consents to the communication
309	343		24 regardless of the consent of, or withholding of
310	344		25 consent by, a legal guardian or an agent named in a
311	345		26 power of attorney executed by the participant.
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322	356		1 (2) Each long term care facility, supportive living
323	357		2 facility, assisted living establishment, and shared
324	358		3 housing establishment shall display, in multiple,
325	359		4 conspicuous public places within the facility accessible
326	360		5 to both visitors and residents and in an easily readable
327	361		6 format, the address and phone number of the Office of the
328	362		7 Long Term Care Ombudsman, in a manner prescribed by the
329	363		8 Office.
330	364		9 (e) Immunity. An ombudsman or any representative of the
331	365		10 Office participating in the good faith performance of his or
332	366		11 her official duties shall have immunity from any liability
333	367		12 (civil, criminal or otherwise) in any proceedings (civil,
334	368		13 criminal or otherwise) brought as a consequence of the
335	369		14 performance of his official duties.
336	370		15 (f) Business offenses.
337	371		16 (1) No person shall:
338	372		17 (i) Intentionally prevent, interfere with, or
339	373		18 attempt to impede in any way any representative of the
340	374		19 Office in the performance of his official duties under
341	375		20 this Act and the Older Americans Act of 1965; or
342	376		21 (ii) Intentionally retaliate, discriminate
343	377		22 against, or effect reprisals against any long term
344	378		23 care facility resident or employee for contacting or
345	379		24 providing information to any representative of the
346	380		25 Office.
347	381		26 (2) A violation of this Section is a business offense,
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354	388
355	389
356		-	HB2911 ~~Engrossed~~- 11 -LRB103 26014 KTG 52368 b HB2911 ~~Engrossed~~ - 11 - LRB103 26014 KTG 52368 b
357		-	HB2911 ~~Engrossed~~ - 11 - LRB103 26014 KTG 52368 b
	390	+	HB2911- 11 -LRB103 26014 KTG 52368 b HB2911 - 11 - LRB103 26014 KTG 52368 b
	391	+	HB2911 - 11 - LRB103 26014 KTG 52368 b
358	392		1 punishable by a fine not to exceed $501.
359	393		2 (3) The State Long Term Care Ombudsman shall notify
360	394		3 the State's Attorney of the county in which the long term
361	395		4 care facility, supportive living facility, or assisted
362	396		5 living or shared housing establishment is located, or the
363	397		6 Attorney General, of any violations of this Section.
364	398		7 (g) Confidentiality of records and identities. The
365	399		8 Department shall establish procedures for the disclosure by
366	400		9 the State Ombudsman or the regional ombudsmen entities of
367	401		10 files maintained by the program. The procedures shall provide
368	402		11 that the files and records may be disclosed only at the
369	403		12 discretion of the State Long Term Care Ombudsman or the person
370	404		13 designated by the State Ombudsman to disclose the files and
371	405		14 records, and the procedures shall prohibit the disclosure of
372	406		15 the identity of any complainant, resident, participant,
373	407		16 witness, or employee of a long term care provider unless:
374	408		17 (1) the complainant, resident, participant, witness,
375	409		18 or employee of a long term care provider or his or her
376	410		19 legal representative consents to the disclosure and the
377	411		20 consent is in writing;
378	412		21 (2) the complainant, resident, participant, witness,
379	413		22 or employee of a long term care provider gives consent
380	414		23 orally; and the consent is documented contemporaneously in
381	415		24 writing in accordance with such requirements as the
382	416		25 Department shall establish; or
383	417		26 (3) the disclosure is required by court order.
384	418
385	419
386	420
387	421
388	422
389		-	HB2911 ~~Engrossed~~ - 11 - LRB103 26014 KTG 52368 b
	423	+	HB2911 - 11 - LRB103 26014 KTG 52368 b
390	424
391	425
392		-	HB2911 ~~Engrossed~~- 12 -LRB103 26014 KTG 52368 b HB2911 ~~Engrossed~~ - 12 - LRB103 26014 KTG 52368 b
393		-	HB2911 ~~Engrossed~~ - 12 - LRB103 26014 KTG 52368 b
	426	+	HB2911- 12 -LRB103 26014 KTG 52368 b HB2911 - 12 - LRB103 26014 KTG 52368 b
	427	+	HB2911 - 12 - LRB103 26014 KTG 52368 b
394	428		1 (h) Legal representation. The Attorney General shall
395	429		2 provide legal representation to any representative of the
396	430		3 Office against whom suit or other legal action is brought in
397	431		4 connection with the performance of the representative's
398	432		5 official duties, in accordance with the State Employee
399	433		6 Indemnification Act.
400	434		7 (i) Treatment by prayer and spiritual means. Nothing in
401	435		8 this Act shall be construed to authorize or require the
402	436		9 medical supervision, regulation or control of remedial care or
403	437		10 treatment of any resident in a long term care facility
404	438		11 operated exclusively by and for members or adherents of any
405	439		12 church or religious denomination the tenets and practices of
406	440		13 which include reliance solely upon spiritual means through
407	441		14 prayer for healing.
408	442		15 (j) The Long Term Care Ombudsman Fund is created as a
409	443		16 special fund in the State treasury to receive moneys for the
410	444		17 express purposes of this Section. All interest earned on
411	445		18 moneys in the fund shall be credited to the fund. Moneys
412	446		19 contained in the fund shall be used to support the purposes of
413	447		20 this Section.
414	448		21 (k) Each Regional Ombudsman may, in accordance with rules
415	449		22 promulgated by the Office, establish a multi-disciplinary team
416	450		23 to act in an advisory role for the purpose of providing
417	451		24 professional knowledge and expertise in handling complex
418	452		25 abuse, neglect, and advocacy issues involving participants.
419	453		26 Each multi-disciplinary team may consist of one or more
420	454
421	455
422	456
423	457
424	458
425		-	HB2911 ~~Engrossed~~ - 12 - LRB103 26014 KTG 52368 b
	459	+	HB2911 - 12 - LRB103 26014 KTG 52368 b
426	460
427	461
428		-	HB2911 ~~Engrossed~~- 13 -LRB103 26014 KTG 52368 b HB2911 ~~Engrossed~~ - 13 - LRB103 26014 KTG 52368 b
429		-	HB2911 ~~Engrossed~~ - 13 - LRB103 26014 KTG 52368 b
	462	+	HB2911- 13 -LRB103 26014 KTG 52368 b HB2911 - 13 - LRB103 26014 KTG 52368 b
	463	+	HB2911 - 13 - LRB103 26014 KTG 52368 b
430	464		1 volunteer representatives from any combination of at least 7
431	465		2 members from the following professions: banking or finance;
432	466		3 disability care; health care; pharmacology; law; law
433	467		4 enforcement; emergency responder; mental health care; clergy;
434	468		5 coroner or medical examiner; substance abuse; domestic
435	469		6 violence; sexual assault; or other related fields. To support
436	470		7 multi-disciplinary teams in this role, law enforcement
437	471		8 agencies and coroners or medical examiners shall supply
438	472		9 records as may be requested in particular cases. The Regional
439	473		10 Ombudsman, or his or her designee, of the area in which the
440	474		11 multi-disciplinary team is created shall be the facilitator of
441	475		12 the multi-disciplinary team.
442	476		13 (Source: P.A. 102-1033, eff. 1-1-23.)
443	477
444	478
445	479
446	480
447	481
448		-	HB2911 ~~Engrossed~~ - 13 - LRB103 26014 KTG 52368 b
	482	+	HB2911 - 13 - LRB103 26014 KTG 52368 b