Public Act 100-1042
 
HB4440 EnrolledLRB100 16985 MJP 32132 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Nursing Home Care Act is amended  by changing 
Section 2-213 as follows:
 



    (210 ILCS 45/2-213)



    Sec. 2-213. Vaccinations. 

    (a) A facility shall annually administer or arrange for 
administration of a vaccination against influenza to
each

resident, in accordance with the recommendations of the 
Advisory Committee on
Immunization Practices of the Centers for 
Disease Control and Prevention that
are most
recent to the time 
of vaccination, unless the vaccination is medically

contraindicated or
the resident has refused the vaccine. 
Influenza vaccinations for all residents
age 65 and
over shall 
be completed by November 30 of each year or as soon as 
practicable
if vaccine
supplies are not available before 
November 1. Residents admitted after November
30,
during the 
flu season, and until February 1 shall, as medically 
appropriate,
receive an influenza vaccination prior to or upon 
admission or as soon as
practicable if vaccine
supplies are not 
available at the time of the admission, unless the vaccine is

medically
contraindicated or the resident has refused the 
vaccine. In the event that the
Advisory
Committee on 
Immunization Practices of the Centers for Disease Control and

Prevention
determines that dates of administration other than 
those stated in this Act are
optimal to
protect the health of 
residents, the Department is authorized to develop rules
to 
mandate
vaccinations at those times rather than the times 
stated in this Act. A
facility shall document in the resident's 
medical record that an annual
vaccination against influenza
was 
administered, arranged, refused or medically contraindicated.

    (b) A facility shall administer or arrange for 
administration of a pneumococcal
vaccination to each resident, 
in accordance with the
recommendations of the Advisory 
Committee on Immunization Practices of the
Centers
for Disease 
Control and Prevention, who has not received this immunization

prior to or
upon admission to the facility, unless the resident 
refuses the offer for
vaccination or the
vaccination is 
medically contraindicated. A facility shall document in each

resident's
medical record that a vaccination against 
pneumococcal pneumonia was offered
and administered, arranged, 
refused, or medically contraindicated. 

    (c) All persons seeking admission to a nursing facility 
shall be verbally screened for risk factors associated with 
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus 
(HIV) according to guidelines established by the U.S. Centers 
for Disease Control and Prevention. Persons who are identified 
as being at high risk for hepatitis B, hepatitis C, or HIV 
shall be offered an opportunity to undergo laboratory testing 
in order to determine infection status if they will be admitted 
to the nursing facility for at least 7 days and are not known 
to be infected with any of the listed  viruses. All HIV testing 
shall be conducted in compliance with the AIDS Confidentiality 
Act. All persons determined to be susceptible to the hepatitis 
B virus shall be offered immunization within 10 days of 
admission to any nursing facility. A facility shall document in 
the resident's medical record that he or she was verbally 
screened for risk factors associated with hepatitis B, 
hepatitis C, and HIV, and whether or not the resident was 
immunized against hepatitis B. Nothing in this subsection (c) 
shall apply to a nursing facility licensed or regulated by the 
Illinois Department of Veterans' Affairs. 
    (d) A skilled nursing facility shall designate a person or 
persons as Infection Prevention and Control Professionals to 
develop and implement policies governing control of infections 
and communicable diseases. The Infection Prevention and 
Control Professionals shall be qualified through education, 
training, experience, or certification or a combination of such 
qualifications. The Infection Prevention and Control 
Professional's qualifications shall be documented and shall be 
made available for inspection by the Department. 
    (e) The Department shall provide facilities with 
educational information on all vaccines recommended by the 
Centers for Disease Control and Prevention's Advisory 
Committee on Immunization Practices, including, but not 
limited to, the risks associated with shingles and how to 
protect oneself  against the varicella-zoster virus. A facility 
shall distribute the information to: (1) each resident who 
requests the information; and (2)  each newly admitted resident. 
The facility may distribute the information to residents 
electronically. 
(Source: P.A. 97-107, eff. 1-1-12; 98-271, eff. 1-1-14.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2019.