Illinois 2023-2024 Regular Session

Illinois House Bill HB3629 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3629 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. V heading new210 ILCS 45/5-101 new210 ILCS 45/5-105 new210 ILCS 45/5-110 new Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes. LRB103 30276 CPF 56704 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3629 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 210 ILCS 45/Art. V heading new210 ILCS 45/5-101 new210 ILCS 45/5-105 new210 ILCS 45/5-110 new 210 ILCS 45/Art. V heading new 210 ILCS 45/5-101 new 210 ILCS 45/5-105 new 210 ILCS 45/5-110 new Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes. LRB103 30276 CPF 56704 b LRB103 30276 CPF 56704 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3629 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 45/Art. V heading new210 ILCS 45/5-101 new210 ILCS 45/5-105 new210 ILCS 45/5-110 new 210 ILCS 45/Art. V heading new 210 ILCS 45/5-101 new 210 ILCS 45/5-105 new 210 ILCS 45/5-110 new
4	4	210 ILCS 45/Art. V heading new
5	5	210 ILCS 45/5-101 new
6	6	210 ILCS 45/5-105 new
7	7	210 ILCS 45/5-110 new
8	8	Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes.
9	9	LRB103 30276 CPF 56704 b LRB103 30276 CPF 56704 b
10	10	LRB103 30276 CPF 56704 b
11	11	A BILL FOR
12	12	HB3629LRB103 30276 CPF 56704 b HB3629 LRB103 30276 CPF 56704 b
13	13	HB3629 LRB103 30276 CPF 56704 b
14	14	1 AN ACT concerning regulation.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Nursing Home Care Act is amended by adding
18	18	5 Article V as follows:
19	19	6 (210 ILCS 45/Art. V heading new)
20	20	7 ARTICLE V TRANSITIONAL AND EMERGENCY HOME SERVICES
21	21	8 (210 ILCS 45/5-101 new)
22	22	9 Sec. 5-101. Transitional and Emergency Home Services.
23	23	10 (a) Within 4 months of the effective date of this
24	24	11 amendatory Act of the 103rd General Assembly, the Department
25	25	12 of Human Services shall create a program to provide nursing
26	26	13 services and assistance with activities of daily living
27	27	14 sufficient to allow individuals who otherwise qualify for
28	28	15 placement in a nursing facility to receive short-term services
29	29	16 in the community. The short-term services shall cover both:
30	30	17 (i) emergency home services for individuals currently
31	31	18 receiving home services who experience a temporary need for a
32	32	19 substitute personal assistant because of the unavailability of
33	33	20 the individual's other home services providers; and (ii)
34	34	21 short-term services to bridge periods between release from
35	35	22 medical or institutional settings and establishment of
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3629 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
40	40	210 ILCS 45/Art. V heading new210 ILCS 45/5-101 new210 ILCS 45/5-105 new210 ILCS 45/5-110 new 210 ILCS 45/Art. V heading new 210 ILCS 45/5-101 new 210 ILCS 45/5-105 new 210 ILCS 45/5-110 new
41	41	210 ILCS 45/Art. V heading new
42	42	210 ILCS 45/5-101 new
43	43	210 ILCS 45/5-105 new
44	44	210 ILCS 45/5-110 new
45	45	Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes.
46	46	LRB103 30276 CPF 56704 b LRB103 30276 CPF 56704 b
47	47	LRB103 30276 CPF 56704 b
48	48	A BILL FOR
49	49
50	50
51	51
52	52
53	53
54	54	210 ILCS 45/Art. V heading new
55	55	210 ILCS 45/5-101 new
56	56	210 ILCS 45/5-105 new
57	57	210 ILCS 45/5-110 new
58	58
59	59
60	60
61	61	LRB103 30276 CPF 56704 b
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71	HB3629 LRB103 30276 CPF 56704 b
72	72
73	73
74	74	HB3629- 2 -LRB103 30276 CPF 56704 b HB3629 - 2 - LRB103 30276 CPF 56704 b
75	75	HB3629 - 2 - LRB103 30276 CPF 56704 b
76	76	1 long-term home services under a State waiver or other
77	77	2 arrangements that allow the individual to live in the
78	78	3 community. To accomplish this goal, at a minimum the program
79	79	4 must:
80	80	5 (1) determine eligibility for those at risk of
81	81	6 placement in a facility in no more than 24 hours from the
82	82	7 time of the request for services;
83	83	8 (2) provide every service available under any State
84	84	9 Medicaid waiver program. Those services shall include, but
85	85	10 not be limited to, medication management, toileting,
86	86	11 transferring, catheterization, and bathing;
87	87	12 (3) provide emergency services to State waiver
88	88	13 recipients who experience a temporary, unanticipated
89	89	14 interruption in services, regardless of the type of waiver
90	90	15 serving the recipient or the age of the recipient; and
91	91	16 (4) for those at risk of placement in a facility, the
92	92	17 short-term service must continue until a full assessment
93	93	18 of waiver eligibility is complete and there is either a
94	94	19 finding of ineligibility for waiver services or long-term
95	95	20 services under the appropriate waiver have begun.
96	96	21 (210 ILCS 45/5-105 new)
97	97	22 Sec. 5-105. Personal needs allowance.
98	98	23 (a) A person receiving benefits under Title XVI of the
99	99	24 Social Security Act, or 42 U.S.C. 1381 and residing in a
100	100	25 facility, shall receive a personal needs allowance of $90 per
101	101
102	102
103	103
104	104
105	105
106	106	HB3629 - 2 - LRB103 30276 CPF 56704 b
107	107
108	108
109	109	HB3629- 3 -LRB103 30276 CPF 56704 b HB3629 - 3 - LRB103 30276 CPF 56704 b
110	110	HB3629 - 3 - LRB103 30276 CPF 56704 b
111	111	1 month, with the Department of Human Services providing $60 per
112	112	2 month in addition to the amount required under Title XVI of the
113	113	3 Social Security Act.
114	114	4 (b) Beginning January 1 of the year following the
115	115	5 effective date of this amendatory Act of the 103rd General
116	116	6 Assembly, and each year thereafter, the personal needs
117	117	7 allowance shall be increased by the percentage cost-of-living
118	118	8 adjustment for the Old Age, Survivors, and Disability Social
119	119	9 Security Benefits as published by the federal Social Security
120	120	10 Administration, subject to the maximum personal needs
121	121	11 allowance permissible under the federal Social Security Act.
122	122	12 (210 ILCS 45/5-110 new)
123	123	13 Sec. 5-110. Prohibition on retaliation for resident or
124	124	14 facility employee complaint.
125	125	15 (a) Facility owners, management, and employees are
126	126	16 prohibited from retaliating against facility residents or
127	127	17 employees who complain about facility services including the
128	128	18 facility's physical condition, medical care, social supports
129	129	19 and services, access to visitation and time outside the
130	130	20 facility, and any other attribute connected to a resident's
131	131	21 experience of living in a facility.
132	132	22 (b) There is a rebuttable presumption of retaliation if a
133	133	23 resident or employee experiences reduced access to services,
134	134	24 neglect, selective restrictions, hostility, transfer to
135	135	25 another facility, reduction of work hours, reassignment to
136	136
137	137
138	138
139	139
140	140
141	141	HB3629 - 3 - LRB103 30276 CPF 56704 b
142	142
143	143
144	144	HB3629- 4 -LRB103 30276 CPF 56704 b HB3629 - 4 - LRB103 30276 CPF 56704 b
145	145	HB3629 - 4 - LRB103 30276 CPF 56704 b
146	146	1 less desirable hours, or threats to take any of these actions
147	147	2 within a year after a resident or employee:
148	148	3 (1) complains of violations or problems applicable to
149	149	4 the facility to a competent governmental agency, elected
150	150	5 representative, or other individual responsible for
151	151	6 enforcing any code applicable to a facility;
152	152	7 (2) complains of violations or problems applicable to
153	153	8 a facility to a community organization or the news media;
154	154	9 (3) complains of violations or problems applicable to
155	155	10 a facility to an ombudsman;
156	156	11 (4) complains of building, health, or similar code
157	157	12 violations or an illegal facility practice to any
158	158	13 government official, ombudsman, or member of the public;
159	159	14 (5) seeks the assistance of a community organization,
160	160	15 union, or the news media to remedy a violation or improper
161	161	16 practice;
162	162	17 (6) seeks assistance for themselves or others to
163	163	18 transition to independent living;
164	164	19 (7) requests the facility make repairs, address
165	165	20 grievances, meet regulatory requirements under a building
166	166	21 code, health ordinance, or other regulation;
167	167	22 (8) requests the facility comply with a care plan;
168	168	23 (9) becomes a member of a resident council, resident
169	169	24 union, employee union, or similar organization;
170	170	25 (10) testifies in any court or administrative
171	171	26 proceeding concerning the condition of the facility; or
172	172
173	173
174	174
175	175
176	176
177	177	HB3629 - 4 - LRB103 30276 CPF 56704 b
178	178
179	179
180	180	HB3629- 5 -LRB103 30276 CPF 56704 b HB3629 - 5 - LRB103 30276 CPF 56704 b
181	181	HB3629 - 5 - LRB103 30276 CPF 56704 b
182	182	1 (11) took other good faith action in support of any
183	183	2 other right or remedy provided by law.
184	184	3 (c) Whoever retaliates as prohibited by this Act is liable
185	185	4 for each and every offense for all remedies available at law,
186	186	5 including, but not limited to, future pecuniary losses,
187	187	6 emotional pain, suffering, inconvenience, mental anguish, loss
188	188	7 of enjoyment of life, and other nonpecuniary losses, plus
189	189	8 attorney's fees and costs. In addition, where the facility or
190	190	9 facility management is found to have retaliated as prohibited
191	191	10 by this Act, the facility is liable to the complaining
192	192	11 resident for a penalty in the additional amount of 2 times the
193	193	12 facility's monthly billing for that resident.
194	194	13 (d) A resident may allege retaliation as an affirmative
195	195	14 defense to any action to remove or transfer the resident from a
196	196	15 facility.
197	197	16 (e) A claim for retaliation under this Act may be filed in
198	198	17 any court of competent jurisdiction or any administrative
199	199	18 hearing process operated by or through the State and its
200	200	19 departments.
201	201	20 (f) The Office of the State Long Term Care Ombudsman shall
202	202	21 have the power, either directly or by contract with another
203	203	22 entity, to provide legal services to represent residents who
204	204	23 experience retaliation as prohibited by this Act.
205	205	24 (g) The Attorney General shall have the power to enjoin
206	206	25 retaliation and seek payment of the penalty provided in
207	207	26 subsection (c) when the retaliatory conduct impacts 3 or more
208	208
209	209
210	210
211	211
212	212
213	213	HB3629 - 5 - LRB103 30276 CPF 56704 b
214	214
215	215
216	216	HB3629- 6 -LRB103 30276 CPF 56704 b HB3629 - 6 - LRB103 30276 CPF 56704 b
217	217	HB3629 - 6 - LRB103 30276 CPF 56704 b
218	218	1 residents or employees.
219	219
220	220
221	221
222	222
223	223
224	224	HB3629 - 6 - LRB103 30276 CPF 56704 b