Illinois 2023-2024 Regular Session

Illinois House Bill HB5352 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5352 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04210 ILCS 9/175 new210 ILCS 45/3-125 new Amends the Nursing Home Care Act and the Assisted Living and Shared Housing Act. Provides that administrators of facilities licensed under those Acts shall ensure that all facility staff receive annual in-service training designed to prevent retaliation against patients and residents. Provides that the training must contain a discussion of certain specified topics. Amends the Illinois Act on the Aging. Provides that the Office of State Long Term Care Ombudsman shall create, and periodically update as needed, a training manual for Nursing Homes and Assisted Living Facilities that provides guidance on structuring and implementing the training required. Effectively immediately. LRB103 38859 CES 68996 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5352 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04210 ILCS 9/175 new210 ILCS 45/3-125 new 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 210 ILCS 9/175 new 210 ILCS 45/3-125 new Amends the Nursing Home Care Act and the Assisted Living and Shared Housing Act. Provides that administrators of facilities licensed under those Acts shall ensure that all facility staff receive annual in-service training designed to prevent retaliation against patients and residents. Provides that the training must contain a discussion of certain specified topics. Amends the Illinois Act on the Aging. Provides that the Office of State Long Term Care Ombudsman shall create, and periodically update as needed, a training manual for Nursing Homes and Assisted Living Facilities that provides guidance on structuring and implementing the training required. Effectively immediately. LRB103 38859 CES 68996 b LRB103 38859 CES 68996 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5352 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
33 20 ILCS 105/4.04 from Ch. 23, par. 6104.04210 ILCS 9/175 new210 ILCS 45/3-125 new 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 210 ILCS 9/175 new 210 ILCS 45/3-125 new
44 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
55 210 ILCS 9/175 new
66 210 ILCS 45/3-125 new
77 Amends the Nursing Home Care Act and the Assisted Living and Shared Housing Act. Provides that administrators of facilities licensed under those Acts shall ensure that all facility staff receive annual in-service training designed to prevent retaliation against patients and residents. Provides that the training must contain a discussion of certain specified topics. Amends the Illinois Act on the Aging. Provides that the Office of State Long Term Care Ombudsman shall create, and periodically update as needed, a training manual for Nursing Homes and Assisted Living Facilities that provides guidance on structuring and implementing the training required. Effectively immediately.
88 LRB103 38859 CES 68996 b LRB103 38859 CES 68996 b
99 LRB103 38859 CES 68996 b
1010 A BILL FOR
1111 HB5352LRB103 38859 CES 68996 b HB5352 LRB103 38859 CES 68996 b
1212 HB5352 LRB103 38859 CES 68996 b
1313 1 AN ACT concerning regulation.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Act on the Aging is amended by
1717 5 changing Section 4.04 as follows:
1818 6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
1919 7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
2020 8 of the Long Term Care Ombudsman Program is to ensure that older
2121 9 persons and persons with disabilities receive quality
2222 10 services. This is accomplished by providing advocacy services
2323 11 for residents of long term care facilities and participants
2424 12 receiving home care and community-based care. Managed care is
2525 13 increasingly becoming the vehicle for delivering health and
2626 14 long-term services and supports to seniors and persons with
2727 15 disabilities, including dual eligible participants. The
2828 16 additional ombudsman authority will allow advocacy services to
2929 17 be provided to Illinois participants for the first time and
3030 18 will produce a cost savings for the State of Illinois by
3131 19 supporting the rebalancing efforts of the Patient Protection
3232 20 and Affordable Care Act.
3333 21 (a) Long Term Care Ombudsman Program. The Department shall
3434 22 establish a Long Term Care Ombudsman Program, through the
3535 23 Office of State Long Term Care Ombudsman ("the Office"), in
3636
3737
3838
3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5352 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
4040 20 ILCS 105/4.04 from Ch. 23, par. 6104.04210 ILCS 9/175 new210 ILCS 45/3-125 new 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 210 ILCS 9/175 new 210 ILCS 45/3-125 new
4141 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
4242 210 ILCS 9/175 new
4343 210 ILCS 45/3-125 new
4444 Amends the Nursing Home Care Act and the Assisted Living and Shared Housing Act. Provides that administrators of facilities licensed under those Acts shall ensure that all facility staff receive annual in-service training designed to prevent retaliation against patients and residents. Provides that the training must contain a discussion of certain specified topics. Amends the Illinois Act on the Aging. Provides that the Office of State Long Term Care Ombudsman shall create, and periodically update as needed, a training manual for Nursing Homes and Assisted Living Facilities that provides guidance on structuring and implementing the training required. Effectively immediately.
4545 LRB103 38859 CES 68996 b LRB103 38859 CES 68996 b
4646 LRB103 38859 CES 68996 b
4747 A BILL FOR
4848
4949
5050
5151
5252
5353 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
5454 210 ILCS 9/175 new
5555 210 ILCS 45/3-125 new
5656
5757
5858
5959 LRB103 38859 CES 68996 b
6060
6161
6262
6363
6464
6565
6666
6767
6868
6969 HB5352 LRB103 38859 CES 68996 b
7070
7171
7272 HB5352- 2 -LRB103 38859 CES 68996 b HB5352 - 2 - LRB103 38859 CES 68996 b
7373 HB5352 - 2 - LRB103 38859 CES 68996 b
7474 1 accordance with the provisions of the Older Americans Act of
7575 2 1965, as now or hereafter amended. The Long Term Care
7676 3 Ombudsman Program is authorized, subject to sufficient
7777 4 appropriations, to advocate on behalf of older persons and
7878 5 persons with disabilities residing in their own homes or
7979 6 community-based settings, relating to matters which may
8080 7 adversely affect the health, safety, welfare, or rights of
8181 8 such individuals.
8282 9 (b) Definitions. As used in this Section, unless the
8383 10 context requires otherwise:
8484 11 (1) "Access" means the right to:
8585 12 (i) Enter any long term care facility or assisted
8686 13 living or shared housing establishment or supportive
8787 14 living facility;
8888 15 (ii) Communicate privately and without restriction
8989 16 with any resident, regardless of age, who consents to
9090 17 the communication;
9191 18 (iii) Seek consent to communicate privately and
9292 19 without restriction with any participant or resident,
9393 20 regardless of age;
9494 21 (iv) Inspect and copy the clinical and other
9595 22 records of a participant or resident, regardless of
9696 23 age, with the express written consent of the
9797 24 participant or resident;
9898 25 (v) Observe all areas of the long term care
9999 26 facility or supportive living facilities, assisted
100100
101101
102102
103103
104104
105105 HB5352 - 2 - LRB103 38859 CES 68996 b
106106
107107
108108 HB5352- 3 -LRB103 38859 CES 68996 b HB5352 - 3 - LRB103 38859 CES 68996 b
109109 HB5352 - 3 - LRB103 38859 CES 68996 b
110110 1 living or shared housing establishment except the
111111 2 living area of any resident who protests the
112112 3 observation; and
113113 4 (vi) Subject to permission of the participant or
114114 5 resident requesting services or his or her
115115 6 representative, enter a home or community-based
116116 7 setting.
117117 8 (2) "Long Term Care Facility" means (i) any facility
118118 9 as defined by Section 1-113 of the Nursing Home Care Act,
119119 10 as now or hereafter amended; (ii) any skilled nursing
120120 11 facility or a nursing facility which meets the
121121 12 requirements of Section 1819(a), (b), (c), and (d) or
122122 13 Section 1919(a), (b), (c), and (d) of the Social Security
123123 14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
124124 15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
125125 16 (d)); (iii) any facility as defined by Section 1-113 of
126126 17 the ID/DD Community Care Act, as now or hereafter amended;
127127 18 (iv) any facility as defined by Section 1-113 of MC/DD
128128 19 Act, as now or hereafter amended; and (v) any facility
129129 20 licensed under Section 4-105 or 4-201 of the Specialized
130130 21 Mental Health Rehabilitation Act of 2013, as now or
131131 22 hereafter amended.
132132 23 (2.5) "Assisted living establishment" and "shared
133133 24 housing establishment" have the meanings given those terms
134134 25 in Section 10 of the Assisted Living and Shared Housing
135135 26 Act.
136136
137137
138138
139139
140140
141141 HB5352 - 3 - LRB103 38859 CES 68996 b
142142
143143
144144 HB5352- 4 -LRB103 38859 CES 68996 b HB5352 - 4 - LRB103 38859 CES 68996 b
145145 HB5352 - 4 - LRB103 38859 CES 68996 b
146146 1 (2.7) "Supportive living facility" means a facility
147147 2 established under Section 5-5.01a of the Illinois Public
148148 3 Aid Code.
149149 4 (2.8) "Community-based setting" means any place of
150150 5 abode other than an individual's private home.
151151 6 (3) "State Long Term Care Ombudsman" means any person
152152 7 employed by the Department to fulfill the requirements of
153153 8 the Office of State Long Term Care Ombudsman as required
154154 9 under the Older Americans Act of 1965, as now or hereafter
155155 10 amended, and Departmental policy.
156156 11 (3.1) "Ombudsman" means any designated representative
157157 12 of the State Long Term Care Ombudsman Program; provided
158158 13 that the representative, whether he is paid for or
159159 14 volunteers his ombudsman services, shall be qualified and
160160 15 designated by the Office to perform the duties of an
161161 16 ombudsman as specified by the Department in rules and in
162162 17 accordance with the provisions of the Older Americans Act
163163 18 of 1965, as now or hereafter amended.
164164 19 (4) "Participant" means an older person aged 60 or
165165 20 over or an adult with a disability aged 18 through 59 who
166166 21 is eligible for services under any of the following:
167167 22 (i) A medical assistance waiver administered by
168168 23 the State.
169169 24 (ii) A managed care organization providing care
170170 25 coordination and other services to seniors and persons
171171 26 with disabilities.
172172
173173
174174
175175
176176
177177 HB5352 - 4 - LRB103 38859 CES 68996 b
178178
179179
180180 HB5352- 5 -LRB103 38859 CES 68996 b HB5352 - 5 - LRB103 38859 CES 68996 b
181181 HB5352 - 5 - LRB103 38859 CES 68996 b
182182 1 (5) "Resident" means an older person aged 60 or over
183183 2 or an adult with a disability aged 18 through 59 who
184184 3 resides in a long-term care facility.
185185 4 (c) Ombudsman; rules. The Office of State Long Term Care
186186 5 Ombudsman shall be composed of at least one full-time
187187 6 ombudsman and shall include a system of designated regional
188188 7 long term care ombudsman programs. Each regional program shall
189189 8 be designated by the State Long Term Care Ombudsman as a
190190 9 subdivision of the Office and any representative of a regional
191191 10 program shall be treated as a representative of the Office.
192192 11 The Department, in consultation with the Office, shall
193193 12 promulgate administrative rules in accordance with the
194194 13 provisions of the Older Americans Act of 1965, as now or
195195 14 hereafter amended, to establish the responsibilities of the
196196 15 Department and the Office of State Long Term Care Ombudsman
197197 16 and the designated regional Ombudsman programs. The
198198 17 administrative rules shall include the responsibility of the
199199 18 Office and designated regional programs to investigate and
200200 19 resolve complaints made by or on behalf of residents of long
201201 20 term care facilities, supportive living facilities, and
202202 21 assisted living and shared housing establishments, and
203203 22 participants residing in their own homes or community-based
204204 23 settings, including the option to serve residents and
205205 24 participants under the age of 60, relating to actions,
206206 25 inaction, or decisions of providers, or their representatives,
207207 26 of such facilities and establishments, of public agencies, or
208208
209209
210210
211211
212212
213213 HB5352 - 5 - LRB103 38859 CES 68996 b
214214
215215
216216 HB5352- 6 -LRB103 38859 CES 68996 b HB5352 - 6 - LRB103 38859 CES 68996 b
217217 HB5352 - 6 - LRB103 38859 CES 68996 b
218218 1 of social services agencies, which may adversely affect the
219219 2 health, safety, welfare, or rights of such residents and
220220 3 participants. The Office and designated regional programs may
221221 4 represent all residents and participants, but are not required
222222 5 by this Act to represent persons under 60 years of age, except
223223 6 to the extent required by federal law. When necessary and
224224 7 appropriate, representatives of the Office shall refer
225225 8 complaints to the appropriate regulatory State agency. The
226226 9 Department, in consultation with the Office, shall cooperate
227227 10 with the Department of Human Services and other State agencies
228228 11 in providing information and training to designated regional
229229 12 long term care ombudsman programs about the appropriate
230230 13 assessment and treatment (including information about
231231 14 appropriate supportive services, treatment options, and
232232 15 assessment of rehabilitation potential) of the participants
233233 16 they serve.
234234 17 The State Long Term Care Ombudsman and all other
235235 18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
236236 19 must submit to background checks under the Health Care Worker
237237 20 Background Check Act and receive training, as prescribed by
238238 21 the Illinois Department on Aging, before visiting facilities,
239239 22 private homes, or community-based settings. The training must
240240 23 include information specific to assisted living
241241 24 establishments, supportive living facilities, shared housing
242242 25 establishments, private homes, and community-based settings
243243 26 and to the rights of residents and participants guaranteed
244244
245245
246246
247247
248248
249249 HB5352 - 6 - LRB103 38859 CES 68996 b
250250
251251
252252 HB5352- 7 -LRB103 38859 CES 68996 b HB5352 - 7 - LRB103 38859 CES 68996 b
253253 HB5352 - 7 - LRB103 38859 CES 68996 b
254254 1 under the corresponding Acts and administrative rules.
255255 2 (c-5) Consumer Choice Information Reports. The Office
256256 3 shall:
257257 4 (1) In collaboration with the Attorney General, create
258258 5 a Consumer Choice Information Report form to be completed
259259 6 by all licensed long term care facilities to aid
260260 7 Illinoisans and their families in making informed choices
261261 8 about long term care. The Office shall create a Consumer
262262 9 Choice Information Report for each type of licensed long
263263 10 term care facility. The Office shall collaborate with the
264264 11 Attorney General and the Department of Human Services to
265265 12 create a Consumer Choice Information Report form for
266266 13 facilities licensed under the ID/DD Community Care Act or
267267 14 the MC/DD Act.
268268 15 (2) Develop a database of Consumer Choice Information
269269 16 Reports completed by licensed long term care facilities
270270 17 that includes information in the following consumer
271271 18 categories:
272272 19 (A) Medical Care, Services, and Treatment.
273273 20 (B) Special Services and Amenities.
274274 21 (C) Staffing.
275275 22 (D) Facility Statistics and Resident Demographics.
276276 23 (E) Ownership and Administration.
277277 24 (F) Safety and Security.
278278 25 (G) Meals and Nutrition.
279279 26 (H) Rooms, Furnishings, and Equipment.
280280
281281
282282
283283
284284
285285 HB5352 - 7 - LRB103 38859 CES 68996 b
286286
287287
288288 HB5352- 8 -LRB103 38859 CES 68996 b HB5352 - 8 - LRB103 38859 CES 68996 b
289289 HB5352 - 8 - LRB103 38859 CES 68996 b
290290 1 (I) Family, Volunteer, and Visitation Provisions.
291291 2 (3) Make this information accessible to the public,
292292 3 including on the Internet by means of a hyperlink on the
293293 4 Office's World Wide Web home page. Information about
294294 5 facilities licensed under the ID/DD Community Care Act or
295295 6 the MC/DD Act shall be made accessible to the public by the
296296 7 Department of Human Services, including on the Internet by
297297 8 means of a hyperlink on the Department of Human Services'
298298 9 "For Customers" website.
299299 10 (4) Have the authority, with the Attorney General, to
300300 11 verify that information provided by a facility is
301301 12 accurate.
302302 13 (5) Request a new report from any licensed facility
303303 14 whenever it deems necessary.
304304 15 (6) Include in the Office's Consumer Choice
305305 16 Information Report for each type of licensed long term
306306 17 care facility additional information on each licensed long
307307 18 term care facility in the State of Illinois, including
308308 19 information regarding each facility's compliance with the
309309 20 relevant State and federal statutes, rules, and standards;
310310 21 customer satisfaction surveys; and information generated
311311 22 from quality measures developed by the Centers for
312312 23 Medicare and Medicaid Services.
313313 24 (d) Access and visitation rights.
314314 25 (1) In accordance with subparagraphs (A) and (E) of
315315 26 paragraph (3) of subsection (c) of Section 1819 and
316316
317317
318318
319319
320320
321321 HB5352 - 8 - LRB103 38859 CES 68996 b
322322
323323
324324 HB5352- 9 -LRB103 38859 CES 68996 b HB5352 - 9 - LRB103 38859 CES 68996 b
325325 HB5352 - 9 - LRB103 38859 CES 68996 b
326326 1 subparagraphs (A) and (E) of paragraph (3) of subsection
327327 2 (c) of Section 1919 of the Social Security Act, as now or
328328 3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
329329 4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
330330 5 Older Americans Act of 1965, as now or hereafter amended
331331 6 (42 U.S.C. 3058f), a long term care facility, supportive
332332 7 living facility, assisted living establishment, and shared
333333 8 housing establishment must:
334334 9 (i) permit immediate access to any resident,
335335 10 regardless of age, by a designated ombudsman;
336336 11 (ii) permit representatives of the Office, with
337337 12 the permission of the resident, the resident's legal
338338 13 representative, or the resident's legal guardian, to
339339 14 examine and copy a resident's clinical and other
340340 15 records, regardless of the age of the resident, and if
341341 16 a resident is unable to consent to such review, and has
342342 17 no legal guardian, permit representatives of the
343343 18 Office appropriate access, as defined by the
344344 19 Department, in consultation with the Office, in
345345 20 administrative rules, to the resident's records; and
346346 21 (iii) permit a representative of the Program to
347347 22 communicate privately and without restriction with any
348348 23 participant who consents to the communication
349349 24 regardless of the consent of, or withholding of
350350 25 consent by, a legal guardian or an agent named in a
351351 26 power of attorney executed by the participant.
352352
353353
354354
355355
356356
357357 HB5352 - 9 - LRB103 38859 CES 68996 b
358358
359359
360360 HB5352- 10 -LRB103 38859 CES 68996 b HB5352 - 10 - LRB103 38859 CES 68996 b
361361 HB5352 - 10 - LRB103 38859 CES 68996 b
362362 1 (2) Each long term care facility, supportive living
363363 2 facility, assisted living establishment, and shared
364364 3 housing establishment shall display, in multiple,
365365 4 conspicuous public places within the facility accessible
366366 5 to both visitors and residents and in an easily readable
367367 6 format, the address and phone number of the Office of the
368368 7 Long Term Care Ombudsman, in a manner prescribed by the
369369 8 Office.
370370 9 (e) Immunity. An ombudsman or any representative of the
371371 10 Office participating in the good faith performance of his or
372372 11 her official duties shall have immunity from any liability
373373 12 (civil, criminal or otherwise) in any proceedings (civil,
374374 13 criminal or otherwise) brought as a consequence of the
375375 14 performance of his official duties.
376376 15 (f) Business offenses.
377377 16 (1) No person shall:
378378 17 (i) Intentionally prevent, interfere with, or
379379 18 attempt to impede in any way any representative of the
380380 19 Office in the performance of his official duties under
381381 20 this Act and the Older Americans Act of 1965; or
382382 21 (ii) Intentionally retaliate, discriminate
383383 22 against, or effect reprisals against any long term
384384 23 care facility resident or employee for contacting or
385385 24 providing information to any representative of the
386386 25 Office.
387387 26 (2) A violation of this Section is a business offense,
388388
389389
390390
391391
392392
393393 HB5352 - 10 - LRB103 38859 CES 68996 b
394394
395395
396396 HB5352- 11 -LRB103 38859 CES 68996 b HB5352 - 11 - LRB103 38859 CES 68996 b
397397 HB5352 - 11 - LRB103 38859 CES 68996 b
398398 1 punishable by a fine not to exceed $501.
399399 2 (3) The State Long Term Care Ombudsman shall notify
400400 3 the State's Attorney of the county in which the long term
401401 4 care facility, supportive living facility, or assisted
402402 5 living or shared housing establishment is located, or the
403403 6 Attorney General, of any violations of this Section.
404404 7 (g) Confidentiality of records and identities. The
405405 8 Department shall establish procedures for the disclosure by
406406 9 the State Ombudsman or the regional ombudsmen entities of
407407 10 files maintained by the program. The procedures shall provide
408408 11 that the files and records may be disclosed only at the
409409 12 discretion of the State Long Term Care Ombudsman or the person
410410 13 designated by the State Ombudsman to disclose the files and
411411 14 records, and the procedures shall prohibit the disclosure of
412412 15 the identity of any complainant, resident, participant,
413413 16 witness, or employee of a long term care provider unless:
414414 17 (1) the complainant, resident, participant, witness,
415415 18 or employee of a long term care provider or his or her
416416 19 legal representative consents to the disclosure and the
417417 20 consent is in writing;
418418 21 (2) the complainant, resident, participant, witness,
419419 22 or employee of a long term care provider gives consent
420420 23 orally; and the consent is documented contemporaneously in
421421 24 writing in accordance with such requirements as the
422422 25 Department shall establish; or
423423 26 (3) the disclosure is required by court order.
424424
425425
426426
427427
428428
429429 HB5352 - 11 - LRB103 38859 CES 68996 b
430430
431431
432432 HB5352- 12 -LRB103 38859 CES 68996 b HB5352 - 12 - LRB103 38859 CES 68996 b
433433 HB5352 - 12 - LRB103 38859 CES 68996 b
434434 1 (h) Legal representation. The Attorney General shall
435435 2 provide legal representation to any representative of the
436436 3 Office against whom suit or other legal action is brought in
437437 4 connection with the performance of the representative's
438438 5 official duties, in accordance with the State Employee
439439 6 Indemnification Act.
440440 7 (i) Treatment by prayer and spiritual means. Nothing in
441441 8 this Act shall be construed to authorize or require the
442442 9 medical supervision, regulation or control of remedial care or
443443 10 treatment of any resident in a long term care facility
444444 11 operated exclusively by and for members or adherents of any
445445 12 church or religious denomination the tenets and practices of
446446 13 which include reliance solely upon spiritual means through
447447 14 prayer for healing.
448448 15 (j) The Long Term Care Ombudsman Fund is created as a
449449 16 special fund in the State treasury to receive moneys for the
450450 17 express purposes of this Section. All interest earned on
451451 18 moneys in the fund shall be credited to the fund. Moneys
452452 19 contained in the fund shall be used to support the purposes of
453453 20 this Section.
454454 21 (k) Each Regional Ombudsman may, in accordance with rules
455455 22 promulgated by the Office, establish a multi-disciplinary team
456456 23 to act in an advisory role for the purpose of providing
457457 24 professional knowledge and expertise in handling complex
458458 25 abuse, neglect, and advocacy issues involving participants.
459459 26 Each multi-disciplinary team may consist of one or more
460460
461461
462462
463463
464464
465465 HB5352 - 12 - LRB103 38859 CES 68996 b
466466
467467
468468 HB5352- 13 -LRB103 38859 CES 68996 b HB5352 - 13 - LRB103 38859 CES 68996 b
469469 HB5352 - 13 - LRB103 38859 CES 68996 b
470470 1 volunteer representatives from any combination of at least 7
471471 2 members from the following professions: banking or finance;
472472 3 disability care; health care; pharmacology; law; law
473473 4 enforcement; emergency responder; mental health care; clergy;
474474 5 coroner or medical examiner; substance abuse; domestic
475475 6 violence; sexual assault; or other related fields. To support
476476 7 multi-disciplinary teams in this role, law enforcement
477477 8 agencies and coroners or medical examiners shall supply
478478 9 records as may be requested in particular cases. The Regional
479479 10 Ombudsman, or his or her designee, of the area in which the
480480 11 multi-disciplinary team is created shall be the facilitator of
481481 12 the multi-disciplinary team.
482482 13 (l) The Office of State Long Term Care Ombudsman shall
483483 14 create, and periodically update as needed, a training manual
484484 15 for facilities that are subject to the Nursing Home Care Act
485485 16 and the Assisted Living and Shared Housing Act that provides
486486 17 guidance on structuring and implementing the training required
487487 18 under Section 175 of the Assisted Living and Shared Housing
488488 19 Act and Section 3-125 of the Nursing Home Care Act.
489489 20 (Source: P.A. 102-1033, eff. 1-1-23; 103-329, eff. 1-1-24.)
490490 21 Section 10. The Assisted Living and Shared Housing Act is
491491 22 amended by adding Section 175 as follows:
492492 23 (210 ILCS 9/175 new)
493493 24 Sec. 175. Employee training.
494494
495495
496496
497497
498498
499499 HB5352 - 13 - LRB103 38859 CES 68996 b
500500
501501
502502 HB5352- 14 -LRB103 38859 CES 68996 b HB5352 - 14 - LRB103 38859 CES 68996 b
503503 HB5352 - 14 - LRB103 38859 CES 68996 b
504504 1 (a) Administrators of facilities licensed under this Act
505505 2 shall ensure that all facility staff receive annual in-service
506506 3 training designed to prevent retaliation against residents.
507507 4 Administrators shall ensure that any person conducting the
508508 5 in-service training is familiar with the specific needs of the
509509 6 resident population at the facility; however, the training
510510 7 need not be conducted by a qualified social worker or a
511511 8 qualified social worker consultant. The assisted living or
512512 9 shared housing administrator shall ensure that the in-service
513513 10 training under this Section includes a discussion of: (1) a
514514 11 resident's right to file complaints and voice grievances in
515515 12 the event of retaliation; (2) examples of what might
516516 13 constitute or be perceived as employee retaliation against a
517517 14 resident; and (3) methods of preventing employee retaliation
518518 15 against residents and alleviating a resident's fear of
519519 16 retaliation.
520520 17 (b) The Department shall adopt rules defining the contents
521521 18 and scope of the training described in this Section in
522522 19 consultation with the Office of the State Long Term Care
523523 20 Ombudsman.
524524 21 Section 15. The Nursing Home Care Act is amended by adding
525525 22 Section 3-125 as follows:
526526 23 (210 ILCS 45/3-125 new)
527527 24 Sec. 3-125. Employee Training.
528528
529529
530530
531531
532532
533533 HB5352 - 14 - LRB103 38859 CES 68996 b
534534
535535
536536 HB5352- 15 -LRB103 38859 CES 68996 b HB5352 - 15 - LRB103 38859 CES 68996 b
537537 HB5352 - 15 - LRB103 38859 CES 68996 b
538538 1 (a) Administrators of facilities licensed under this Act
539539 2 shall ensure that all facility staff receive annual in-service
540540 3 training designed to prevent retaliation against patients.
541541 4 Administrators shall ensure that any person conducting the
542542 5 in-service training is familiar with the specific needs of the
543543 6 patient population at the facility; however, the training need
544544 7 not be conducted by a qualified social worker or a qualified
545545 8 social worker consultant. The administrator shall ensure that
546546 9 the in-service training under this Section includes a
547547 10 discussion of: (1) a patient's right to file complaints and
548548 11 voice grievances in the event of retaliation; (2) examples of
549549 12 what might constitute or be perceived as employee retaliation
550550 13 against a patient; and (3) methods of preventing employee
551551 14 retaliation against patients and alleviating a patient's fear
552552 15 of retaliation.
553553 16 (b) The Department shall adopt rules defining the contents
554554 17 and scope of the training described in this Section in
555555 18 consultation with the Office of the State Long Term Care
556556 19 Ombudsman.
557557
558558
559559
560560
561561
562562 HB5352 - 15 - LRB103 38859 CES 68996 b