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Illinois Senate Bill SB2957

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2957 Compare Versions

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1-Public Act 103-0767
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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, or if consent is given
58+25 orally, visually, or through the use of auxiliary aids
59+26 and services, such consent is documented
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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.
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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
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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
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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
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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.
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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
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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 facility reports of incidents or
305+20 occurrences made to State agencies, regardless of the
306+21 age of the resident, and if a resident is unable to
307+22 consent to such review, and has no legal guardian,
308+23 permit representatives of the Office appropriate
309+24 access, as defined by the Department, in consultation
310+25 with the Office, in administrative rules, to the
311+26 resident's records; and
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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
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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;
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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.
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