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Illinois Senate Bill SB2715

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2715 Compare Versions

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1-Public Act 103-0762
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4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Act on the Aging is amended by
8-changing Section 4.04 as follows:
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Act on the Aging is amended by
7+5 changing Section 4.04 as follows:
8+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
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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;
58+25 (v) Observe all areas of the long term care
59+26 facility or supportive living facilities, assisted
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70+1 living or shared housing establishment except the
71+2 living area of any resident who protests the
72+3 observation; and
73+4 (vi) Subject to permission of the participant or
74+5 resident requesting services or his or her
75+6 representative, enter a home or community-based
76+7 setting.
77+8 (2) "Long Term Care Facility" means (i) any facility
78+9 as defined by Section 1-113 of the Nursing Home Care Act,
79+10 as now or hereafter amended; (ii) any skilled nursing
80+11 facility or a nursing facility which meets the
81+12 requirements of Section 1819(a), (b), (c), and (d) or
82+13 Section 1919(a), (b), (c), and (d) of the Social Security
83+14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
84+15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
85+16 (d)); (iii) any facility as defined by Section 1-113 of
86+17 the ID/DD Community Care Act, as now or hereafter amended;
87+18 (iv) any facility as defined by Section 1-113 of MC/DD
88+19 Act, as now or hereafter amended; and (v) any facility
89+20 licensed under Section 4-105 or 4-201 of the Specialized
90+21 Mental Health Rehabilitation Act of 2013, as now or
91+22 hereafter amended.
92+23 (2.5) "Assisted living establishment" and "shared
93+24 housing establishment" have the meanings given those terms
94+25 in Section 10 of the Assisted Living and Shared Housing
95+26 Act.
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106+1 (2.7) "Supportive living facility" means a facility
107+2 established under Section 5-5.01a of the Illinois Public
108+3 Aid Code.
109+4 (2.8) "Community-based setting" means any place of
110+5 abode other than an individual's private home.
111+6 (3) "State Long Term Care Ombudsman" means any person
112+7 employed by the Department to fulfill the requirements of
113+8 the Office of State Long Term Care Ombudsman as required
114+9 under the Older Americans Act of 1965, as now or hereafter
115+10 amended, and Departmental policy.
116+11 (3.1) "Ombudsman" means any designated representative
117+12 of the State Long Term Care Ombudsman Program; provided
118+13 that the representative, whether he is paid for or
119+14 volunteers his ombudsman services, shall be qualified and
120+15 designated by the Office to perform the duties of an
121+16 ombudsman as specified by the Department in rules and in
122+17 accordance with the provisions of the Older Americans Act
123+18 of 1965, as now or hereafter amended.
124+19 (4) "Participant" means an older person aged 60 or
125+20 over or an adult with a disability aged 18 through 59 who
126+21 is eligible for services under any of the following:
127+22 (i) A medical assistance waiver administered by
128+23 the State.
129+24 (ii) A managed care organization providing care
130+25 coordination and other services to seniors and persons
131+26 with disabilities.
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142+1 (5) "Resident" means an older person aged 60 or over
143+2 or an adult with a disability aged 18 through 59 who
144+3 resides in a long-term care facility.
145+4 (c) Ombudsman; rules. The Office of State Long Term Care
146+5 Ombudsman shall be composed of at least one full-time
147+6 ombudsman and shall include a system of designated regional
148+7 long term care ombudsman programs. Each regional program shall
149+8 be designated by the State Long Term Care Ombudsman as a
150+9 subdivision of the Office and any representative of a regional
151+10 program shall be treated as a representative of the Office.
152+11 The Department, in consultation with the Office, shall
153+12 promulgate administrative rules in accordance with the
154+13 provisions of the Older Americans Act of 1965, as now or
155+14 hereafter amended, to establish the responsibilities of the
156+15 Department and the Office of State Long Term Care Ombudsman
157+16 and the designated regional Ombudsman programs. The
158+17 administrative rules shall include the responsibility of the
159+18 Office and designated regional programs to investigate and
160+19 resolve complaints made by or on behalf of residents of long
161+20 term care facilities, supportive living facilities, and
162+21 assisted living and shared housing establishments, and
163+22 participants residing in their own homes or community-based
164+23 settings, including the option to serve residents and
165+24 participants under the age of 60, relating to actions,
166+25 inaction, or decisions of providers, or their representatives,
167+26 of such facilities and establishments, of public agencies, or
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178+1 of social services agencies, which may adversely affect the
179+2 health, safety, welfare, or rights of such residents and
180+3 participants. The Office and designated regional programs may
181+4 represent all residents and participants, but are not required
182+5 by this Act to represent persons under 60 years of age, except
183+6 to the extent required by federal law. When necessary and
184+7 appropriate, representatives of the Office shall refer
185+8 complaints to the appropriate regulatory State agency. The
186+9 Department, in consultation with the Office, shall cooperate
187+10 with the Department of Human Services and other State agencies
188+11 in providing information and training to designated regional
189+12 long term care ombudsman programs about the appropriate
190+13 assessment and treatment (including information about
191+14 appropriate supportive services, treatment options, and
192+15 assessment of rehabilitation potential) of the participants
193+16 they serve.
194+17 The State Long Term Care Ombudsman and all other
195+18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
196+19 must submit to background checks under the Health Care Worker
197+20 Background Check Act and receive training, as prescribed by
198+21 the Illinois Department on Aging, before visiting facilities,
199+22 private homes, or community-based settings. The training must
200+23 include information specific to assisted living
201+24 establishments, supportive living facilities, shared housing
202+25 establishments, private homes, and community-based settings
203+26 and to the rights of residents and participants guaranteed
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214+1 under the corresponding Acts and administrative rules.
215+2 (c-5) Consumer Choice Information Reports. The Office
216+3 shall:
217+4 (1) In collaboration with the Attorney General, create
218+5 a Consumer Choice Information Report form to be completed
219+6 by all licensed long term care facilities to aid
220+7 Illinoisans and their families in making informed choices
221+8 about long term care. The Office shall create a Consumer
222+9 Choice Information Report for each type of licensed long
223+10 term care facility. The Office shall collaborate with the
224+11 Attorney General and the Department of Human Services to
225+12 create a Consumer Choice Information Report form for
226+13 facilities licensed under the ID/DD Community Care Act or
227+14 the MC/DD Act.
228+15 (2) Develop a database of Consumer Choice Information
229+16 Reports completed by licensed long term care facilities
230+17 that includes information in the following consumer
231+18 categories:
232+19 (A) Medical Care, Services, and Treatment.
233+20 (B) Special Services and Amenities.
234+21 (C) Staffing.
235+22 (D) Facility Statistics and Resident Demographics.
236+23 (E) Ownership and Administration.
237+24 (F) Safety and Security.
238+25 (G) Meals and Nutrition.
239+26 (H) Rooms, Furnishings, and Equipment.
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250+1 (I) Family, Volunteer, and Visitation Provisions.
251+2 (3) Make this information accessible to the public,
252+3 including on the Internet by means of a hyperlink on the
253+4 Office's World Wide Web home page. Information about
254+5 facilities licensed under the ID/DD Community Care Act or
255+6 the MC/DD Act shall be made accessible to the public by the
256+7 Department of Human Services, including on the Internet by
257+8 means of a hyperlink on the Department of Human Services'
258+9 "For Customers" website.
259+10 (4) Have the authority, with the Attorney General, to
260+11 verify that information provided by a facility is
261+12 accurate.
262+13 (5) Request a new report from any licensed facility
263+14 whenever it deems necessary.
264+15 (6) Include in the Office's Consumer Choice
265+16 Information Report for each type of licensed long term
266+17 care facility additional information on each licensed long
267+18 term care facility in the State of Illinois, including
268+19 information regarding each facility's compliance with the
269+20 relevant State and federal statutes, rules, and standards;
270+21 customer satisfaction surveys; and information generated
271+22 from quality measures developed by the Centers for
272+23 Medicare and Medicaid Services.
273+24 (d) Access and visitation rights.
274+25 (1) In accordance with subparagraphs (A) and (E) of
275+26 paragraph (3) of subsection (c) of Section 1819 and
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286+1 subparagraphs (A) and (E) of paragraph (3) of subsection
287+2 (c) of Section 1919 of the Social Security Act, as now or
288+3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
289+4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
290+5 Older Americans Act of 1965, as now or hereafter amended
291+6 (42 U.S.C. 3058f), a long term care facility, supportive
292+7 living facility, assisted living establishment, and shared
293+8 housing establishment must:
294+9 (i) permit immediate access to any resident,
295+10 regardless of age, by a designated ombudsman;
296+11 (ii) permit representatives of the Office, with
297+12 the permission of the resident, the resident's legal
298+13 representative, or the resident's legal guardian, to
299+14 examine and copy a resident's clinical and other
300+15 records, regardless of the age of the resident, and if
301+16 a resident is unable to consent to such review, and has
302+17 no legal guardian, permit representatives of the
303+18 Office appropriate access, as defined by the
304+19 Department, in consultation with the Office, in
305+20 administrative rules, to the resident's records; and
306+21 (iii) permit a representative of the Program to
307+22 communicate privately and without restriction with any
308+23 participant who consents to the communication
309+24 regardless of the consent of, or withholding of
310+25 consent by, a legal guardian or an agent named in a
311+26 power of attorney executed by the participant.
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322+1 (2) Each long term care facility, supportive living
323+2 facility, assisted living establishment, and shared
324+3 housing establishment shall display, in multiple,
325+4 conspicuous public places within the facility accessible
326+5 to both visitors and residents and in an easily readable
327+6 format, the address and phone number of the Office of the
328+7 Long Term Care Ombudsman, in a manner prescribed by the
329+8 Office.
330+9 (e) Immunity. An ombudsman or any representative of the
331+10 Office participating in the good faith performance of his or
332+11 her official duties shall have immunity from any liability
333+12 (civil, criminal or otherwise) in any proceedings (civil,
334+13 criminal or otherwise) brought as a consequence of the
335+14 performance of his official duties.
336+15 (f) Business offenses.
337+16 (1) No person shall:
338+17 (i) Intentionally prevent, interfere with, or
339+18 attempt to impede in any way any representative of the
340+19 Office in the performance of his official duties under
341+20 this Act and the Older Americans Act of 1965; or
342+21 (ii) Intentionally retaliate, discriminate
343+22 against, or effect reprisals against any long term
344+23 care facility resident or employee for contacting or
345+24 providing information to any representative of the
346+25 Office.
347+26 (2) A violation of this Section is a business offense,
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358+1 punishable by a fine not to exceed $501.
359+2 (3) The State Long Term Care Ombudsman shall notify
360+3 the State's Attorney of the county in which the long term
361+4 care facility, supportive living facility, or assisted
362+5 living or shared housing establishment is located, or the
363+6 Attorney General, of any violations of this Section.
364+7 (g) Confidentiality of records and identities. All records
365+8 containing resident, participant, and complainant information
366+9 collected by the Long Term Care Ombudsman Program are
367+10 confidential and shall not be disclosed outside of the program
368+11 without a lawful subpoena or the permission of the State
369+12 Ombudsman. The State Ombudsman, at his or her discretion, may
370+13 disclose resident or participant information if it is in the
371+14 best interest of the resident or participant. The Department
372+15 shall establish procedures for the disclosure of program
373+16 records by the State Ombudsman. The or the regional ombudsmen
374+17 entities of files maintained by the program. The procedures
375+18 shall provide that the files and records may be disclosed only
376+19 at the discretion of the State Long Term Care Ombudsman or the
377+20 person designated by the State Ombudsman to disclose the files
378+21 and records, and the procedures shall prohibit the disclosure
379+22 of the identity of any complainant, resident, participant,
380+23 witness, or employee of a long term care provider in case
381+24 records unless:
382+25 (1) the complainant, resident, participant, witness,
383+26 or employee of a long term care provider or his or her
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394+1 legal representative consents to the disclosure and the
395+2 consent is in writing;
396+3 (2) the complainant, resident, participant, witness,
397+4 or employee of a long term care provider or the resident or
398+5 participant's legal representative gives consent orally;
399+6 and the consent is documented contemporaneously in writing
400+7 in accordance with such requirements as the Department
401+8 shall establish; or
402+9 (3) the disclosure is required by court order.
403+10 (h) Legal representation. The Attorney General shall
404+11 provide legal representation to any representative of the
405+12 Office against whom suit or other legal action is brought in
406+13 connection with the performance of the representative's
407+14 official duties, in accordance with the State Employee
408+15 Indemnification Act.
409+16 (i) Treatment by prayer and spiritual means. Nothing in
410+17 this Act shall be construed to authorize or require the
411+18 medical supervision, regulation or control of remedial care or
412+19 treatment of any resident in a long term care facility
413+20 operated exclusively by and for members or adherents of any
414+21 church or religious denomination the tenets and practices of
415+22 which include reliance solely upon spiritual means through
416+23 prayer for healing.
417+24 (j) The Long Term Care Ombudsman Fund is created as a
418+25 special fund in the State treasury to receive moneys for the
419+26 express purposes of this Section. All interest earned on
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