Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1263 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1263 Introduced 1/28/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101210 ILCS 45/2-106.5 new210 ILCS 49/3-101 Amends the Nursing Home Care Act and the Specialized Mental Health Rehabilitation Act of 2013. Provides that residents of nursing home facilities have the right to outdoor access. Provides that residents of nursing home facilities and consumers served by mental health rehabilitation facilities shall be free to enter and leave the facilities as they choose. Provides that a facility may suspend this right only if the resident's or consumer's physician examines the resident or consumer and determines that leaving the facility would pose a danger to other residents or consumers or an immediate and substantial danger to the resident's or consumer's safety and well-being, which shall be explained to the resident or consumer and documented in the resident's or consumer's medical chart. LRB104 06083 BAB 16116 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1263 Introduced 1/28/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101210 ILCS 45/2-106.5 new210 ILCS 49/3-101 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101 210 ILCS 45/2-106.5 new 210 ILCS 49/3-101 Amends the Nursing Home Care Act and the Specialized Mental Health Rehabilitation Act of 2013. Provides that residents of nursing home facilities have the right to outdoor access. Provides that residents of nursing home facilities and consumers served by mental health rehabilitation facilities shall be free to enter and leave the facilities as they choose. Provides that a facility may suspend this right only if the resident's or consumer's physician examines the resident or consumer and determines that leaving the facility would pose a danger to other residents or consumers or an immediate and substantial danger to the resident's or consumer's safety and well-being, which shall be explained to the resident or consumer and documented in the resident's or consumer's medical chart. LRB104 06083 BAB 16116 b LRB104 06083 BAB 16116 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1263 Introduced 1/28/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
33 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101210 ILCS 45/2-106.5 new210 ILCS 49/3-101 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101 210 ILCS 45/2-106.5 new 210 ILCS 49/3-101
44 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101
55 210 ILCS 45/2-106.5 new
66 210 ILCS 49/3-101
77 Amends the Nursing Home Care Act and the Specialized Mental Health Rehabilitation Act of 2013. Provides that residents of nursing home facilities have the right to outdoor access. Provides that residents of nursing home facilities and consumers served by mental health rehabilitation facilities shall be free to enter and leave the facilities as they choose. Provides that a facility may suspend this right only if the resident's or consumer's physician examines the resident or consumer and determines that leaving the facility would pose a danger to other residents or consumers or an immediate and substantial danger to the resident's or consumer's safety and well-being, which shall be explained to the resident or consumer and documented in the resident's or consumer's medical chart.
88 LRB104 06083 BAB 16116 b LRB104 06083 BAB 16116 b
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1313 1 AN ACT concerning long-term care.
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 Nursing Home Care Act is amended by
1717 5 changing Section 2-101 and by adding Section 2-106.5 as
1818 6 follows:
1919 7 (210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101)
2020 8 Sec. 2-101. No resident shall be deprived of any rights,
2121 9 benefits, or privileges guaranteed by State or federal law,
2222 10 the Constitution of the State of Illinois, or the Constitution
2323 11 of the United States solely on account of his or her status as
2424 12 a resident of a facility. Residents shall have the right to be
2525 13 treated with courtesy and respect by employees or persons
2626 14 providing medical services or care and shall have their human
2727 15 and civil rights maintained in all aspects of medical care as
2828 16 defined in the State Operations Manual for Long-Term Care
2929 17 Facilities. In accordance with 42 CFR 483.10, residents shall
3030 18 have their basic human needs, including, but not limited to,
3131 19 water, food, medication, toileting, and personal hygiene, and
3232 20 outdoor access, accommodated in a timely manner, as defined by
3333 21 the person and agreed upon by the interdisciplinary team.
3434 22 Residents have the right to maintain their autonomy as much as
3535 23 possible.
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1263 Introduced 1/28/2025, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
4040 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101210 ILCS 45/2-106.5 new210 ILCS 49/3-101 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101 210 ILCS 45/2-106.5 new 210 ILCS 49/3-101
4141 210 ILCS 45/2-101 from Ch. 111 1/2, par. 4152-101
4242 210 ILCS 45/2-106.5 new
4343 210 ILCS 49/3-101
4444 Amends the Nursing Home Care Act and the Specialized Mental Health Rehabilitation Act of 2013. Provides that residents of nursing home facilities have the right to outdoor access. Provides that residents of nursing home facilities and consumers served by mental health rehabilitation facilities shall be free to enter and leave the facilities as they choose. Provides that a facility may suspend this right only if the resident's or consumer's physician examines the resident or consumer and determines that leaving the facility would pose a danger to other residents or consumers or an immediate and substantial danger to the resident's or consumer's safety and well-being, which shall be explained to the resident or consumer and documented in the resident's or consumer's medical chart.
4545 LRB104 06083 BAB 16116 b LRB104 06083 BAB 16116 b
4646 LRB104 06083 BAB 16116 b
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7474 1 (Source: P.A. 102-1080, eff. 1-1-23.)
7575 2 (210 ILCS 45/2-106.5 new)
7676 3 Sec. 2-106.5. Right to enter and leave a facility. A
7777 4 resident shall be free to enter and leave the facility as the
7878 5 resident chooses. A nursing home may suspend this right only
7979 6 if the resident's physician examines the resident and
8080 7 determines that leaving the facility would pose a danger to
8181 8 other residents or an immediate and substantial danger to the
8282 9 resident's safety and well-being. The physician shall explain
8383 10 to the resident why the resident's right to enter and leave the
8484 11 facility is being suspended, and the reason shall be
8585 12 documented in the resident's medical chart.
8686 13 Section 10. The Specialized Mental Health Rehabilitation
8787 14 Act of 2013 is amended by changing Section 3-101 as follows:
8888 15 (210 ILCS 49/3-101)
8989 16 Sec. 3-101. Consumers' rights. Consumers served by a
9090 17 facility under this Act shall have all the rights guaranteed
9191 18 pursuant to Chapter II, Article I of the Mental Health and
9292 19 Developmental Disabilities Code. Additionally, a consumer has
9393 20 the right to enter and leave the facility as the consumer
9494 21 chooses, unless the consumer's physician examines the consumer
9595 22 and determines that leaving the facility would pose a danger
9696 23 to other consumers or an immediate and substantial danger to
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