IL
Illinois House Bill HB4249

Illinois 2023-2024 Regular Session

Illinois House Bill HB4249 Compare Versions

OldNewDifferences
1-HB4249 EngrossedLRB103 35290 KTG 65324 b HB4249 Engrossed LRB103 35290 KTG 65324 b
2- HB4249 Engrossed LRB103 35290 KTG 65324 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4249 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Amends the Illinois Act on Aging. In a provision requiring a long term care facility to permit the Office of State Long Term Care Ombudsman to examine and copy a resident's clinical and other records, includes access to facility incident reports. In the definition of "access", changes "express written consent" to "express consent". LRB103 35290 KTG 65324 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4249 Introduced , by Rep. Terra Costa Howard 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 Aging. In a provision requiring a long term care facility to permit the Office of State Long Term Care Ombudsman to examine and copy a resident's clinical and other records, includes access to facility incident reports. In the definition of "access", changes "express written consent" to "express consent". LRB103 35290 KTG 65324 b LRB103 35290 KTG 65324 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4249 Introduced , by Rep. Terra Costa Howard 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 Aging. In a provision requiring a long term care facility to permit the Office of State Long Term Care Ombudsman to examine and copy a resident's clinical and other records, includes access to facility incident reports. In the definition of "access", changes "express written consent" to "express consent".
6+LRB103 35290 KTG 65324 b LRB103 35290 KTG 65324 b
7+ LRB103 35290 KTG 65324 b
8+A BILL FOR
9+HB4249LRB103 35290 KTG 65324 b HB4249 LRB103 35290 KTG 65324 b
10+ HB4249 LRB103 35290 KTG 65324 b
311 1 AN ACT concerning State government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Illinois Act on the Aging is amended by
715 5 changing Section 4.04 as follows:
816 6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
9-7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
10-8 of the Long Term Care Ombudsman Program is to ensure that older
11-9 persons and persons with disabilities receive quality
12-10 services. This is accomplished by providing advocacy services
13-11 for residents of long term care facilities and participants
14-12 receiving home care and community-based care. Managed care is
15-13 increasingly becoming the vehicle for delivering health and
16-14 long-term services and supports to seniors and persons with
17-15 disabilities, including dual eligible participants. The
18-16 additional ombudsman authority will allow advocacy services to
19-17 be provided to Illinois participants for the first time and
20-18 will produce a cost savings for the State of Illinois by
21-19 supporting the rebalancing efforts of the Patient Protection
22-20 and Affordable Care Act.
23-21 (a) Long Term Care Ombudsman Program. The Department shall
24-22 establish a Long Term Care Ombudsman Program, through the
25-23 Office of State Long Term Care Ombudsman ("the Office"), in
17+7 (Text of Section after amendment by P.A. 103-329)
18+8 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
19+9 of the Long Term Care Ombudsman Program is to ensure that older
20+10 persons and persons with disabilities receive quality
21+11 services. This is accomplished by providing advocacy services
22+12 for residents of long term care facilities and participants
23+13 receiving home care and community-based care. Managed care is
24+14 increasingly becoming the vehicle for delivering health and
25+15 long-term services and supports to seniors and persons with
26+16 disabilities, including dual eligible participants. The
27+17 additional ombudsman authority will allow advocacy services to
28+18 be provided to Illinois participants for the first time and
29+19 will produce a cost savings for the State of Illinois by
30+20 supporting the rebalancing efforts of the Patient Protection
31+21 and Affordable Care Act.
32+22 (a) Long Term Care Ombudsman Program. The Department shall
33+23 establish a Long Term Care Ombudsman Program, through the
2634
2735
2836
29- HB4249 Engrossed LRB103 35290 KTG 65324 b
30-
31-
32-HB4249 Engrossed- 2 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 2 - LRB103 35290 KTG 65324 b
33- HB4249 Engrossed - 2 - LRB103 35290 KTG 65324 b
34-1 accordance with the provisions of the Older Americans Act of
35-2 1965, as now or hereafter amended. The Long Term Care
36-3 Ombudsman Program is authorized, subject to sufficient
37-4 appropriations, to advocate on behalf of older persons and
38-5 persons with disabilities residing in their own homes or
39-6 community-based settings, relating to matters which may
40-7 adversely affect the health, safety, welfare, or rights of
41-8 such individuals.
42-9 (b) Definitions. As used in this Section, unless the
43-10 context requires otherwise:
44-11 (1) "Access" means the right to:
45-12 (i) Enter any long term care facility or assisted
46-13 living or shared housing establishment or supportive
47-14 living facility;
48-15 (ii) Communicate privately and without restriction
49-16 with any resident, regardless of age, who consents to
50-17 the communication;
51-18 (iii) Seek consent to communicate privately and
52-19 without restriction with any participant or resident,
53-20 regardless of age;
54-21 (iv) Inspect and copy the clinical and other
55-22 records of a participant or resident, regardless of
56-23 age, with the express written consent of the
57-24 participant or resident, or if consent is given
58-25 orally, visually, or through the use of auxiliary aids
59-26 and services, such consent is documented
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4249 Introduced , by Rep. Terra Costa Howard 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 Aging. In a provision requiring a long term care facility to permit the Office of State Long Term Care Ombudsman to examine and copy a resident's clinical and other records, includes access to facility incident reports. In the definition of "access", changes "express written consent" to "express consent".
41+LRB103 35290 KTG 65324 b LRB103 35290 KTG 65324 b
42+ LRB103 35290 KTG 65324 b
43+A BILL FOR
6044
6145
6246
6347
6448
65- HB4249 Engrossed - 2 - LRB103 35290 KTG 65324 b
49+20 ILCS 105/4.04 from Ch. 23, par. 6104.04
6650
6751
68-HB4249 Engrossed- 3 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 3 - LRB103 35290 KTG 65324 b
69- HB4249 Engrossed - 3 - LRB103 35290 KTG 65324 b
70-1 contemporaneously by a representative of the Office in
71-2 accordance with such procedures;
72-3 (v) Observe all areas of the long term care
73-4 facility or supportive living facilities, assisted
74-5 living or shared housing establishment except the
75-6 living area of any resident who protests the
76-7 observation; and
77-8 (vi) Subject to permission of the participant or
78-9 resident requesting services or his or her
79-10 representative, enter a home or community-based
80-11 setting.
81-12 (2) "Long Term Care Facility" means (i) any facility
82-13 as defined by Section 1-113 of the Nursing Home Care Act,
83-14 as now or hereafter amended; (ii) any skilled nursing
84-15 facility or a nursing facility which meets the
85-16 requirements of Section 1819(a), (b), (c), and (d) or
86-17 Section 1919(a), (b), (c), and (d) of the Social Security
87-18 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
88-19 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
89-20 (d)); (iii) any facility as defined by Section 1-113 of
90-21 the ID/DD Community Care Act, as now or hereafter amended;
91-22 (iv) any facility as defined by Section 1-113 of MC/DD
92-23 Act, as now or hereafter amended; and (v) any facility
93-24 licensed under Section 4-105 or 4-201 of the Specialized
94-25 Mental Health Rehabilitation Act of 2013, as now or
95-26 hereafter amended.
52+
53+ LRB103 35290 KTG 65324 b
9654
9755
9856
9957
10058
101- HB4249 Engrossed - 3 - LRB103 35290 KTG 65324 b
10259
10360
104-HB4249 Engrossed- 4 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 4 - LRB103 35290 KTG 65324 b
105- HB4249 Engrossed - 4 - LRB103 35290 KTG 65324 b
106-1 (2.5) "Assisted living establishment" and "shared
107-2 housing establishment" have the meanings given those terms
108-3 in Section 10 of the Assisted Living and Shared Housing
109-4 Act.
110-5 (2.7) "Supportive living facility" means a facility
111-6 established under Section 5-5.01a of the Illinois Public
112-7 Aid Code.
113-8 (2.8) "Community-based setting" means any place of
114-9 abode other than an individual's private home.
115-10 (3) "State Long Term Care Ombudsman" means any person
116-11 employed by the Department to fulfill the requirements of
117-12 the Office of State Long Term Care Ombudsman as required
118-13 under the Older Americans Act of 1965, as now or hereafter
119-14 amended, and Departmental policy.
120-15 (3.1) "Ombudsman" means any designated representative
121-16 of the State Long Term Care Ombudsman Program; provided
122-17 that the representative, whether he is paid for or
123-18 volunteers his ombudsman services, shall be qualified and
124-19 designated by the Office to perform the duties of an
125-20 ombudsman as specified by the Department in rules and in
126-21 accordance with the provisions of the Older Americans Act
127-22 of 1965, as now or hereafter amended.
128-23 (4) "Participant" means an older person aged 60 or
129-24 over or an adult with a disability aged 18 through 59 who
130-25 is eligible for services under any of the following:
131-26 (i) A medical assistance waiver administered by
61+
62+
63+ HB4249 LRB103 35290 KTG 65324 b
64+
65+
66+HB4249- 2 -LRB103 35290 KTG 65324 b HB4249 - 2 - LRB103 35290 KTG 65324 b
67+ HB4249 - 2 - LRB103 35290 KTG 65324 b
68+1 Office of State Long Term Care Ombudsman ("the Office"), in
69+2 accordance with the provisions of the Older Americans Act of
70+3 1965, as now or hereafter amended. The Long Term Care
71+4 Ombudsman Program is authorized, subject to sufficient
72+5 appropriations, to advocate on behalf of older persons and
73+6 persons with disabilities residing in their own homes or
74+7 community-based settings, relating to matters which may
75+8 adversely affect the health, safety, welfare, or rights of
76+9 such individuals.
77+10 (b) Definitions. As used in this Section, unless the
78+11 context requires otherwise:
79+12 (1) "Access" means the right to:
80+13 (i) Enter any long term care facility or assisted
81+14 living or shared housing establishment or supportive
82+15 living facility;
83+16 (ii) Communicate privately and without restriction
84+17 with any resident, regardless of age, who consents to
85+18 the communication;
86+19 (iii) Seek consent to communicate privately and
87+20 without restriction with any participant or resident,
88+21 regardless of age;
89+22 (iv) Inspect and copy the clinical and other
90+23 records of a participant or resident, regardless of
91+24 age, with the express written consent of the
92+25 participant or resident;
93+26 (v) Observe all areas of the long term care
13294
13395
13496
13597
13698
137- HB4249 Engrossed - 4 - LRB103 35290 KTG 65324 b
99+ HB4249 - 2 - LRB103 35290 KTG 65324 b
138100
139101
140-HB4249 Engrossed- 5 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 5 - LRB103 35290 KTG 65324 b
141- HB4249 Engrossed - 5 - LRB103 35290 KTG 65324 b
142-1 the State.
143-2 (ii) A managed care organization providing care
144-3 coordination and other services to seniors and persons
145-4 with disabilities.
146-5 (5) "Resident" means an older person aged 60 or over
147-6 or an adult with a disability aged 18 through 59 who
148-7 resides in a long-term care facility.
149-8 (c) Ombudsman; rules. The Office of State Long Term Care
150-9 Ombudsman shall be composed of at least one full-time
151-10 ombudsman and shall include a system of designated regional
152-11 long term care ombudsman programs. Each regional program shall
153-12 be designated by the State Long Term Care Ombudsman as a
154-13 subdivision of the Office and any representative of a regional
155-14 program shall be treated as a representative of the Office.
156-15 The Department, in consultation with the Office, shall
157-16 promulgate administrative rules in accordance with the
158-17 provisions of the Older Americans Act of 1965, as now or
159-18 hereafter amended, to establish the responsibilities of the
160-19 Department and the Office of State Long Term Care Ombudsman
161-20 and the designated regional Ombudsman programs. The
162-21 administrative rules shall include the responsibility of the
163-22 Office and designated regional programs to investigate and
164-23 resolve complaints made by or on behalf of residents of long
165-24 term care facilities, supportive living facilities, and
166-25 assisted living and shared housing establishments, and
167-26 participants residing in their own homes or community-based
102+HB4249- 3 -LRB103 35290 KTG 65324 b HB4249 - 3 - LRB103 35290 KTG 65324 b
103+ HB4249 - 3 - LRB103 35290 KTG 65324 b
104+1 facility or supportive living facilities, assisted
105+2 living or shared housing establishment except the
106+3 living area of any resident who protests the
107+4 observation; and
108+5 (vi) Subject to permission of the participant or
109+6 resident requesting services or his or her
110+7 representative, enter a home or community-based
111+8 setting.
112+9 (2) "Long Term Care Facility" means (i) any facility
113+10 as defined by Section 1-113 of the Nursing Home Care Act,
114+11 as now or hereafter amended; (ii) any skilled nursing
115+12 facility or a nursing facility which meets the
116+13 requirements of Section 1819(a), (b), (c), and (d) or
117+14 Section 1919(a), (b), (c), and (d) of the Social Security
118+15 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
119+16 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
120+17 (d)); (iii) any facility as defined by Section 1-113 of
121+18 the ID/DD Community Care Act, as now or hereafter amended;
122+19 (iv) any facility as defined by Section 1-113 of MC/DD
123+20 Act, as now or hereafter amended; and (v) any facility
124+21 licensed under Section 4-105 or 4-201 of the Specialized
125+22 Mental Health Rehabilitation Act of 2013, as now or
126+23 hereafter amended.
127+24 (2.5) "Assisted living establishment" and "shared
128+25 housing establishment" have the meanings given those terms
129+26 in Section 10 of the Assisted Living and Shared Housing
168130
169131
170132
171133
172134
173- HB4249 Engrossed - 5 - LRB103 35290 KTG 65324 b
135+ HB4249 - 3 - LRB103 35290 KTG 65324 b
174136
175137
176-HB4249 Engrossed- 6 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 6 - LRB103 35290 KTG 65324 b
177- HB4249 Engrossed - 6 - LRB103 35290 KTG 65324 b
178-1 settings, including the option to serve residents and
179-2 participants under the age of 60, relating to actions,
180-3 inaction, or decisions of providers, or their representatives,
181-4 of such facilities and establishments, of public agencies, or
182-5 of social services agencies, which may adversely affect the
183-6 health, safety, welfare, or rights of such residents and
184-7 participants. The Office and designated regional programs may
185-8 represent all residents and participants, but are not required
186-9 by this Act to represent persons under 60 years of age, except
187-10 to the extent required by federal law. When necessary and
188-11 appropriate, representatives of the Office shall refer
189-12 complaints to the appropriate regulatory State agency. The
190-13 Department, in consultation with the Office, shall cooperate
191-14 with the Department of Human Services and other State agencies
192-15 in providing information and training to designated regional
193-16 long term care ombudsman programs about the appropriate
194-17 assessment and treatment (including information about
195-18 appropriate supportive services, treatment options, and
196-19 assessment of rehabilitation potential) of the participants
197-20 they serve.
198-21 The State Long Term Care Ombudsman and all other
199-22 ombudsmen, as defined in paragraph (3.1) of subsection (b)
200-23 must submit to background checks under the Health Care Worker
201-24 Background Check Act and receive training, as prescribed by
202-25 the Illinois Department on Aging, before visiting facilities,
203-26 private homes, or community-based settings. The training must
138+HB4249- 4 -LRB103 35290 KTG 65324 b HB4249 - 4 - LRB103 35290 KTG 65324 b
139+ HB4249 - 4 - LRB103 35290 KTG 65324 b
140+1 Act.
141+2 (2.7) "Supportive living facility" means a facility
142+3 established under Section 5-5.01a of the Illinois Public
143+4 Aid Code.
144+5 (2.8) "Community-based setting" means any place of
145+6 abode other than an individual's private home.
146+7 (3) "State Long Term Care Ombudsman" means any person
147+8 employed by the Department to fulfill the requirements of
148+9 the Office of State Long Term Care Ombudsman as required
149+10 under the Older Americans Act of 1965, as now or hereafter
150+11 amended, and Departmental policy.
151+12 (3.1) "Ombudsman" means any designated representative
152+13 of the State Long Term Care Ombudsman Program; provided
153+14 that the representative, whether he is paid for or
154+15 volunteers his ombudsman services, shall be qualified and
155+16 designated by the Office to perform the duties of an
156+17 ombudsman as specified by the Department in rules and in
157+18 accordance with the provisions of the Older Americans Act
158+19 of 1965, as now or hereafter amended.
159+20 (4) "Participant" means an older person aged 60 or
160+21 over or an adult with a disability aged 18 through 59 who
161+22 is eligible for services under any of the following:
162+23 (i) A medical assistance waiver administered by
163+24 the State.
164+25 (ii) A managed care organization providing care
165+26 coordination and other services to seniors and persons
204166
205167
206168
207169
208170
209- HB4249 Engrossed - 6 - LRB103 35290 KTG 65324 b
171+ HB4249 - 4 - LRB103 35290 KTG 65324 b
210172
211173
212-HB4249 Engrossed- 7 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 7 - LRB103 35290 KTG 65324 b
213- HB4249 Engrossed - 7 - LRB103 35290 KTG 65324 b
214-1 include information specific to assisted living
215-2 establishments, supportive living facilities, shared housing
216-3 establishments, private homes, and community-based settings
217-4 and to the rights of residents and participants guaranteed
218-5 under the corresponding Acts and administrative rules.
219-6 (c-5) Consumer Choice Information Reports. The Office
220-7 shall:
221-8 (1) In collaboration with the Attorney General, create
222-9 a Consumer Choice Information Report form to be completed
223-10 by all licensed long term care facilities to aid
224-11 Illinoisans and their families in making informed choices
225-12 about long term care. The Office shall create a Consumer
226-13 Choice Information Report for each type of licensed long
227-14 term care facility. The Office shall collaborate with the
228-15 Attorney General and the Department of Human Services to
229-16 create a Consumer Choice Information Report form for
230-17 facilities licensed under the ID/DD Community Care Act or
231-18 the MC/DD Act.
232-19 (2) Develop a database of Consumer Choice Information
233-20 Reports completed by licensed long term care facilities
234-21 that includes information in the following consumer
235-22 categories:
236-23 (A) Medical Care, Services, and Treatment.
237-24 (B) Special Services and Amenities.
238-25 (C) Staffing.
239-26 (D) Facility Statistics and Resident Demographics.
174+HB4249- 5 -LRB103 35290 KTG 65324 b HB4249 - 5 - LRB103 35290 KTG 65324 b
175+ HB4249 - 5 - LRB103 35290 KTG 65324 b
176+1 with disabilities.
177+2 (5) "Resident" means an older person aged 60 or over
178+3 or an adult with a disability aged 18 through 59 who
179+4 resides in a long-term care facility.
180+5 (c) Ombudsman; rules. The Office of State Long Term Care
181+6 Ombudsman shall be composed of at least one full-time
182+7 ombudsman and shall include a system of designated regional
183+8 long term care ombudsman programs. Each regional program shall
184+9 be designated by the State Long Term Care Ombudsman as a
185+10 subdivision of the Office and any representative of a regional
186+11 program shall be treated as a representative of the Office.
187+12 The Department, in consultation with the Office, shall
188+13 promulgate administrative rules in accordance with the
189+14 provisions of the Older Americans Act of 1965, as now or
190+15 hereafter amended, to establish the responsibilities of the
191+16 Department and the Office of State Long Term Care Ombudsman
192+17 and the designated regional Ombudsman programs. The
193+18 administrative rules shall include the responsibility of the
194+19 Office and designated regional programs to investigate and
195+20 resolve complaints made by or on behalf of residents of long
196+21 term care facilities, supportive living facilities, and
197+22 assisted living and shared housing establishments, and
198+23 participants residing in their own homes or community-based
199+24 settings, including the option to serve residents and
200+25 participants under the age of 60, relating to actions,
201+26 inaction, or decisions of providers, or their representatives,
240202
241203
242204
243205
244206
245- HB4249 Engrossed - 7 - LRB103 35290 KTG 65324 b
207+ HB4249 - 5 - LRB103 35290 KTG 65324 b
246208
247209
248-HB4249 Engrossed- 8 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 8 - LRB103 35290 KTG 65324 b
249- HB4249 Engrossed - 8 - LRB103 35290 KTG 65324 b
250-1 (E) Ownership and Administration.
251-2 (F) Safety and Security.
252-3 (G) Meals and Nutrition.
253-4 (H) Rooms, Furnishings, and Equipment.
254-5 (I) Family, Volunteer, and Visitation Provisions.
255-6 (3) Make this information accessible to the public,
256-7 including on the Internet by means of a hyperlink on the
257-8 Office's World Wide Web home page. Information about
258-9 facilities licensed under the ID/DD Community Care Act or
259-10 the MC/DD Act shall be made accessible to the public by the
260-11 Department of Human Services, including on the Internet by
261-12 means of a hyperlink on the Department of Human Services'
262-13 "For Customers" website.
263-14 (4) Have the authority, with the Attorney General, to
264-15 verify that information provided by a facility is
265-16 accurate.
266-17 (5) Request a new report from any licensed facility
267-18 whenever it deems necessary.
268-19 (6) Include in the Office's Consumer Choice
269-20 Information Report for each type of licensed long term
270-21 care facility additional information on each licensed long
271-22 term care facility in the State of Illinois, including
272-23 information regarding each facility's compliance with the
273-24 relevant State and federal statutes, rules, and standards;
274-25 customer satisfaction surveys; and information generated
275-26 from quality measures developed by the Centers for
210+HB4249- 6 -LRB103 35290 KTG 65324 b HB4249 - 6 - LRB103 35290 KTG 65324 b
211+ HB4249 - 6 - LRB103 35290 KTG 65324 b
212+1 of such facilities and establishments, of public agencies, or
213+2 of social services agencies, which may adversely affect the
214+3 health, safety, welfare, or rights of such residents and
215+4 participants. The Office and designated regional programs may
216+5 represent all residents and participants, but are not required
217+6 by this Act to represent persons under 60 years of age, except
218+7 to the extent required by federal law. When necessary and
219+8 appropriate, representatives of the Office shall refer
220+9 complaints to the appropriate regulatory State agency. The
221+10 Department, in consultation with the Office, shall cooperate
222+11 with the Department of Human Services and other State agencies
223+12 in providing information and training to designated regional
224+13 long term care ombudsman programs about the appropriate
225+14 assessment and treatment (including information about
226+15 appropriate supportive services, treatment options, and
227+16 assessment of rehabilitation potential) of the participants
228+17 they serve.
229+18 The State Long Term Care Ombudsman and all other
230+19 ombudsmen, as defined in paragraph (3.1) of subsection (b)
231+20 must submit to background checks under the Health Care Worker
232+21 Background Check Act and receive training, as prescribed by
233+22 the Illinois Department on Aging, before visiting facilities,
234+23 private homes, or community-based settings. The training must
235+24 include information specific to assisted living
236+25 establishments, supportive living facilities, shared housing
237+26 establishments, private homes, and community-based settings
276238
277239
278240
279241
280242
281- HB4249 Engrossed - 8 - LRB103 35290 KTG 65324 b
243+ HB4249 - 6 - LRB103 35290 KTG 65324 b
282244
283245
284-HB4249 Engrossed- 9 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 9 - LRB103 35290 KTG 65324 b
285- HB4249 Engrossed - 9 - LRB103 35290 KTG 65324 b
286-1 Medicare and Medicaid Services.
287-2 (d) Access and visitation rights.
288-3 (1) In accordance with subparagraphs (A) and (E) of
289-4 paragraph (3) of subsection (c) of Section 1819 and
290-5 subparagraphs (A) and (E) of paragraph (3) of subsection
291-6 (c) of Section 1919 of the Social Security Act, as now or
292-7 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
293-8 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
294-9 Older Americans Act of 1965, as now or hereafter amended
295-10 (42 U.S.C. 3058f), a long term care facility, supportive
296-11 living facility, assisted living establishment, and shared
297-12 housing establishment must:
298-13 (i) permit immediate access to any resident,
299-14 regardless of age, by a designated ombudsman;
300-15 (ii) permit representatives of the Office, with
301-16 the permission of the resident, the resident's legal
302-17 representative, or the resident's legal guardian, to
303-18 examine and copy a resident's clinical and other
304-19 records, including reports of incidents or occurrences
305-20 made to State agencies, regardless of the age of the
306-21 resident, and if a resident is unable to consent to
307-22 such review, and has no legal guardian, permit
308-23 representatives of the Office appropriate access, as
309-24 defined by the Department, in consultation with the
310-25 Office, in administrative rules, to the resident's
311-26 records; and
246+HB4249- 7 -LRB103 35290 KTG 65324 b HB4249 - 7 - LRB103 35290 KTG 65324 b
247+ HB4249 - 7 - LRB103 35290 KTG 65324 b
248+1 and to the rights of residents and participants guaranteed
249+2 under the corresponding Acts and administrative rules.
250+3 (c-5) Consumer Choice Information Reports. The Office
251+4 shall:
252+5 (1) In collaboration with the Attorney General, create
253+6 a Consumer Choice Information Report form to be completed
254+7 by all licensed long term care facilities to aid
255+8 Illinoisans and their families in making informed choices
256+9 about long term care. The Office shall create a Consumer
257+10 Choice Information Report for each type of licensed long
258+11 term care facility. The Office shall collaborate with the
259+12 Attorney General and the Department of Human Services to
260+13 create a Consumer Choice Information Report form for
261+14 facilities licensed under the ID/DD Community Care Act or
262+15 the MC/DD Act.
263+16 (2) Develop a database of Consumer Choice Information
264+17 Reports completed by licensed long term care facilities
265+18 that includes information in the following consumer
266+19 categories:
267+20 (A) Medical Care, Services, and Treatment.
268+21 (B) Special Services and Amenities.
269+22 (C) Staffing.
270+23 (D) Facility Statistics and Resident Demographics.
271+24 (E) Ownership and Administration.
272+25 (F) Safety and Security.
273+26 (G) Meals and Nutrition.
312274
313275
314276
315277
316278
317- HB4249 Engrossed - 9 - LRB103 35290 KTG 65324 b
279+ HB4249 - 7 - LRB103 35290 KTG 65324 b
318280
319281
320-HB4249 Engrossed- 10 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 10 - LRB103 35290 KTG 65324 b
321- HB4249 Engrossed - 10 - LRB103 35290 KTG 65324 b
322-1 (iii) permit a representative of the Program to
323-2 communicate privately and without restriction with any
324-3 participant who consents to the communication
325-4 regardless of the consent of, or withholding of
326-5 consent by, a legal guardian or an agent named in a
327-6 power of attorney executed by the participant.
328-7 (2) Each long term care facility, supportive living
329-8 facility, assisted living establishment, and shared
330-9 housing establishment shall display, in multiple,
331-10 conspicuous public places within the facility accessible
332-11 to both visitors and residents and in an easily readable
333-12 format, the address and phone number of the Office of the
334-13 Long Term Care Ombudsman, in a manner prescribed by the
335-14 Office.
336-15 (e) Immunity. An ombudsman or any representative of the
337-16 Office participating in the good faith performance of his or
338-17 her official duties shall have immunity from any liability
339-18 (civil, criminal or otherwise) in any proceedings (civil,
340-19 criminal or otherwise) brought as a consequence of the
341-20 performance of his official duties.
342-21 (f) Business offenses.
343-22 (1) No person shall:
344-23 (i) Intentionally prevent, interfere with, or
345-24 attempt to impede in any way any representative of the
346-25 Office in the performance of his official duties under
347-26 this Act and the Older Americans Act of 1965; or
282+HB4249- 8 -LRB103 35290 KTG 65324 b HB4249 - 8 - LRB103 35290 KTG 65324 b
283+ HB4249 - 8 - LRB103 35290 KTG 65324 b
284+1 (H) Rooms, Furnishings, and Equipment.
285+2 (I) Family, Volunteer, and Visitation Provisions.
286+3 (3) Make this information accessible to the public,
287+4 including on the Internet by means of a hyperlink on the
288+5 Office's World Wide Web home page. Information about
289+6 facilities licensed under the ID/DD Community Care Act or
290+7 the MC/DD Act shall be made accessible to the public by the
291+8 Department of Human Services, including on the Internet by
292+9 means of a hyperlink on the Department of Human Services'
293+10 "For Customers" website.
294+11 (4) Have the authority, with the Attorney General, to
295+12 verify that information provided by a facility is
296+13 accurate.
297+14 (5) Request a new report from any licensed facility
298+15 whenever it deems necessary.
299+16 (6) Include in the Office's Consumer Choice
300+17 Information Report for each type of licensed long term
301+18 care facility additional information on each licensed long
302+19 term care facility in the State of Illinois, including
303+20 information regarding each facility's compliance with the
304+21 relevant State and federal statutes, rules, and standards;
305+22 customer satisfaction surveys; and information generated
306+23 from quality measures developed by the Centers for
307+24 Medicare and Medicaid Services.
308+25 (d) Access and visitation rights.
309+26 (1) In accordance with subparagraphs (A) and (E) of
348310
349311
350312
351313
352314
353- HB4249 Engrossed - 10 - LRB103 35290 KTG 65324 b
315+ HB4249 - 8 - LRB103 35290 KTG 65324 b
354316
355317
356-HB4249 Engrossed- 11 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 11 - LRB103 35290 KTG 65324 b
357- HB4249 Engrossed - 11 - LRB103 35290 KTG 65324 b
358-1 (ii) Intentionally retaliate, discriminate
359-2 against, or effect reprisals against any long term
360-3 care facility resident or employee for contacting or
361-4 providing information to any representative of the
362-5 Office.
363-6 (2) A violation of this Section is a business offense,
364-7 punishable by a fine not to exceed $501.
365-8 (3) The State Long Term Care Ombudsman shall notify
366-9 the State's Attorney of the county in which the long term
367-10 care facility, supportive living facility, or assisted
368-11 living or shared housing establishment is located, or the
369-12 Attorney General, of any violations of this Section.
370-13 (g) Confidentiality of records and identities. The
371-14 Department shall establish procedures for the disclosure by
372-15 the State Ombudsman or the regional ombudsmen entities of
373-16 files maintained by the program. The procedures shall provide
374-17 that the files and records may be disclosed only at the
375-18 discretion of the State Long Term Care Ombudsman or the person
376-19 designated by the State Ombudsman to disclose the files and
377-20 records, and the procedures shall prohibit the disclosure of
378-21 the identity of any complainant, resident, participant,
379-22 witness, or employee of a long term care provider unless:
380-23 (1) the complainant, resident, participant, witness,
381-24 or employee of a long term care provider or his or her
382-25 legal representative consents to the disclosure and the
383-26 consent is in writing;
318+HB4249- 9 -LRB103 35290 KTG 65324 b HB4249 - 9 - LRB103 35290 KTG 65324 b
319+ HB4249 - 9 - LRB103 35290 KTG 65324 b
320+1 paragraph (3) of subsection (c) of Section 1819 and
321+2 subparagraphs (A) and (E) of paragraph (3) of subsection
322+3 (c) of Section 1919 of the Social Security Act, as now or
323+4 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
324+5 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
325+6 Older Americans Act of 1965, as now or hereafter amended
326+7 (42 U.S.C. 3058f), a long term care facility, supportive
327+8 living facility, assisted living establishment, and shared
328+9 housing establishment must:
329+10 (i) permit immediate access to any resident,
330+11 regardless of age, by a designated ombudsman;
331+12 (ii) permit representatives of the Office, with
332+13 the permission of the resident, the resident's legal
333+14 representative, or the resident's legal guardian, to
334+15 examine and copy a resident's clinical and other
335+16 records including facility incident reports,
336+17 regardless of the age of the resident, and if a
337+18 resident is unable to consent to such review, and has
338+19 no legal guardian, permit representatives of the
339+20 Office appropriate access, as defined by the
340+21 Department, in consultation with the Office, in
341+22 administrative rules, to the resident's records; and
342+23 (iii) permit a representative of the Program to
343+24 communicate privately and without restriction with any
344+25 participant who consents to the communication
345+26 regardless of the consent of, or withholding of
384346
385347
386348
387349
388350
389- HB4249 Engrossed - 11 - LRB103 35290 KTG 65324 b
351+ HB4249 - 9 - LRB103 35290 KTG 65324 b
390352
391353
392-HB4249 Engrossed- 12 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 12 - LRB103 35290 KTG 65324 b
393- HB4249 Engrossed - 12 - LRB103 35290 KTG 65324 b
394-1 (2) the complainant, resident, participant, witness,
395-2 or employee of a long term care provider gives consent
396-3 orally; and the consent is documented contemporaneously in
397-4 writing in accordance with such requirements as the
398-5 Department shall establish; or
399-6 (3) the disclosure is required by court order.
400-7 (h) Legal representation. The Attorney General shall
401-8 provide legal representation to any representative of the
402-9 Office against whom suit or other legal action is brought in
403-10 connection with the performance of the representative's
404-11 official duties, in accordance with the State Employee
405-12 Indemnification Act.
406-13 (i) Treatment by prayer and spiritual means. Nothing in
407-14 this Act shall be construed to authorize or require the
408-15 medical supervision, regulation or control of remedial care or
409-16 treatment of any resident in a long term care facility
410-17 operated exclusively by and for members or adherents of any
411-18 church or religious denomination the tenets and practices of
412-19 which include reliance solely upon spiritual means through
413-20 prayer for healing.
414-21 (j) The Long Term Care Ombudsman Fund is created as a
415-22 special fund in the State treasury to receive moneys for the
416-23 express purposes of this Section. All interest earned on
417-24 moneys in the fund shall be credited to the fund. Moneys
418-25 contained in the fund shall be used to support the purposes of
419-26 this Section.
354+HB4249- 10 -LRB103 35290 KTG 65324 b HB4249 - 10 - LRB103 35290 KTG 65324 b
355+ HB4249 - 10 - LRB103 35290 KTG 65324 b
356+1 consent by, a legal guardian or an agent named in a
357+2 power of attorney executed by the participant.
358+3 (2) Each long term care facility, supportive living
359+4 facility, assisted living establishment, and shared
360+5 housing establishment shall display, in multiple,
361+6 conspicuous public places within the facility accessible
362+7 to both visitors and residents and in an easily readable
363+8 format, the address and phone number of the Office of the
364+9 Long Term Care Ombudsman, in a manner prescribed by the
365+10 Office.
366+11 (e) Immunity. An ombudsman or any representative of the
367+12 Office participating in the good faith performance of his or
368+13 her official duties shall have immunity from any liability
369+14 (civil, criminal or otherwise) in any proceedings (civil,
370+15 criminal or otherwise) brought as a consequence of the
371+16 performance of his official duties.
372+17 (f) Business offenses.
373+18 (1) No person shall:
374+19 (i) Intentionally prevent, interfere with, or
375+20 attempt to impede in any way any representative of the
376+21 Office in the performance of his official duties under
377+22 this Act and the Older Americans Act of 1965; or
378+23 (ii) Intentionally retaliate, discriminate
379+24 against, or effect reprisals against any long term
380+25 care facility resident or employee for contacting or
381+26 providing information to any representative of the
420382
421383
422384
423385
424386
425- HB4249 Engrossed - 12 - LRB103 35290 KTG 65324 b
387+ HB4249 - 10 - LRB103 35290 KTG 65324 b
426388
427389
428-HB4249 Engrossed- 13 -LRB103 35290 KTG 65324 b HB4249 Engrossed - 13 - LRB103 35290 KTG 65324 b
429- HB4249 Engrossed - 13 - LRB103 35290 KTG 65324 b
390+HB4249- 11 -LRB103 35290 KTG 65324 b HB4249 - 11 - LRB103 35290 KTG 65324 b
391+ HB4249 - 11 - LRB103 35290 KTG 65324 b
392+1 Office.
393+2 (2) A violation of this Section is a business offense,
394+3 punishable by a fine not to exceed $501.
395+4 (3) The State Long Term Care Ombudsman shall notify
396+5 the State's Attorney of the county in which the long term
397+6 care facility, supportive living facility, or assisted
398+7 living or shared housing establishment is located, or the
399+8 Attorney General, of any violations of this Section.
400+9 (g) Confidentiality of records and identities. The
401+10 Department shall establish procedures for the disclosure by
402+11 the State Ombudsman or the regional ombudsmen entities of
403+12 files maintained by the program. The procedures shall provide
404+13 that the files and records may be disclosed only at the
405+14 discretion of the State Long Term Care Ombudsman or the person
406+15 designated by the State Ombudsman to disclose the files and
407+16 records, and the procedures shall prohibit the disclosure of
408+17 the identity of any complainant, resident, participant,
409+18 witness, or employee of a long term care provider unless:
410+19 (1) the complainant, resident, participant, witness,
411+20 or employee of a long term care provider or his or her
412+21 legal representative consents to the disclosure and the
413+22 consent is in writing;
414+23 (2) the complainant, resident, participant, witness,
415+24 or employee of a long term care provider gives consent
416+25 orally; and the consent is documented contemporaneously in
417+26 writing in accordance with such requirements as the
430418
431419
432420
433421
434422
435- HB4249 Engrossed - 13 - LRB103 35290 KTG 65324 b
423+ HB4249 - 11 - LRB103 35290 KTG 65324 b
424+
425+
426+HB4249- 12 -LRB103 35290 KTG 65324 b HB4249 - 12 - LRB103 35290 KTG 65324 b
427+ HB4249 - 12 - LRB103 35290 KTG 65324 b
428+1 Department shall establish; or
429+2 (3) the disclosure is required by court order.
430+3 (h) Legal representation. The Attorney General shall
431+4 provide legal representation to any representative of the
432+5 Office against whom suit or other legal action is brought in
433+6 connection with the performance of the representative's
434+7 official duties, in accordance with the State Employee
435+8 Indemnification Act.
436+9 (i) Treatment by prayer and spiritual means. Nothing in
437+10 this Act shall be construed to authorize or require the
438+11 medical supervision, regulation or control of remedial care or
439+12 treatment of any resident in a long term care facility
440+13 operated exclusively by and for members or adherents of any
441+14 church or religious denomination the tenets and practices of
442+15 which include reliance solely upon spiritual means through
443+16 prayer for healing.
444+17 (j) The Long Term Care Ombudsman Fund is created as a
445+18 special fund in the State treasury to receive moneys for the
446+19 express purposes of this Section. All interest earned on
447+20 moneys in the fund shall be credited to the fund. Moneys
448+21 contained in the fund shall be used to support the purposes of
449+22 this Section.
450+23 (k) Each Regional Ombudsman may, in accordance with rules
451+24 promulgated by the Office, establish a multi-disciplinary team
452+25 to act in an advisory role for the purpose of providing
453+26 professional knowledge and expertise in handling complex
454+
455+
456+
457+
458+
459+ HB4249 - 12 - LRB103 35290 KTG 65324 b
460+
461+
462+HB4249- 13 -LRB103 35290 KTG 65324 b HB4249 - 13 - LRB103 35290 KTG 65324 b
463+ HB4249 - 13 - LRB103 35290 KTG 65324 b
464+
465+
466+
467+
468+
469+ HB4249 - 13 - LRB103 35290 KTG 65324 b