Public Act 102-0647
 
SB2270 EnrolledLRB102 16342 CPF 22618 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 3-120 as follows:
 
    (210 ILCS 45/3-120)
    Sec. 3-120. Certification of behavioral management units.
    (a) No later than January 1, 2022 2011, the Department 
shall file with the Secretary of State's Office Joint 
Committee on Administrative Rules, pursuant to the Illinois 
Administrative Procedure Act, proposed rules or proposed 
amendments to existing rules   to certify nursing homes or 
distinct self-contained units within existing nursing homes 
for the behavioral management of persons with a high risk of 
aggression. The purpose of the certification program is to 
ensure that the safety of  residents, employees,  and the  public 
is preserved. No more than 3 facilities shall be certified in 
the first 3 years after the effective date of this amendatory 
Act of the 102nd General Assembly. Prior to the expansion of 
the number of certified facilities, the Department shall 
collaborate with stakeholders, including, but not limited to, 
organizations whose membership consists of congregate 
long-term care facilities, to evaluate the efficacy of the 
certification program.
    (b) The Department's  rules shall, at a minimum, provide 
for the following: 
        (1) A security and safety assessment, completed before  
    admission to a certified unit if an Identified Offender 
    Report and Recommendation or other criminal risk analysis 
    has not been completed, to identify existing or potential 
    residents at risk of committing violent acts  and determine 
    appropriate preventive action to be taken. The assessment  
    shall include, but need not be limited to, (i)  a measure of 
    the frequency of, (ii)  an identification of the 
    precipitating factors  for,  and (iii) the  consequences of, 
    violent acts. The security and safety assessment shall be  
    in addition to any risk-of-harm assessment performed by a 
    PAS screener, but may use the results of this or any other 
    assessment.  The security and safety assessment shall be 
    completed by the same licensed forensic psychologist who  
    prepares Identified Offender Reports and Recommendations 
    for identified offenders. 
        (2) Development of an individualized treatment and  
    behavior management plan for each resident  to reduce 
    overall and specific risks. 
        (3) Room selection and appropriateness of roommate 
    assignment. 
        (4) Protection of residents, employees, and members of 
    the public from aggression by residents. 
        (5) Supervision and monitoring. 
        (6) Staffing levels. 
        (7) Quality assurance and improvement. 
        (8) Staff training, conducted during orientation and 
    periodically thereafter, specific to each job description 
    covering the following topics as appropriate:
            (A) The violence escalation cycle. 
            (B) Violence predicting factors.
            (C) Obtaining a history from a resident with a 
        history of violent behavior.
            (D) Verbal and physical techniques to de-escalate 
        and minimize violent behavior.
            (E) Strategies to avoid physical harm.
            (F) Containment techniques, as permitted and 
        governed by law.
            (G) Appropriate treatment to reduce violent 
        behavior.
            (H) Documenting and reporting incidents of 
        violence.
            (I) The process whereby employees affected by a 
        violent act may be debriefed or calmed down and the 
        tension of the situation may be reduced.
            (J) Any resources available to employees for 
        coping with violence.
            (K) Any other topic deemed appropriate based on 
        job description and the needs of this population.
        (9) Elimination or reduction of environmental factors 
    that affect resident  safety.
        (10) Periodic independent reassessment of the 
    individual resident for appropriateness of continued 
    placement on the certified unit. For the purposes of this 
    paragraph (10), "independent" means that no professional 
    or financial relationship exists between any person making 
    the assessment and any community provider or long term 
    care facility.
        (11) A definition of a "person with high risk of 
    aggression". The definition shall not include any person 
    with a serious mental illness who is eligible to receive 
    services under the Specialized Mental Health 
    Rehabilitation Act of 2013. 
    The Department shall develop the administrative rules 
under this subsection (b)  in collaboration with other relevant 
State agencies and in consultation with (i)  advocates for 
residents, (ii)  providers of nursing home services, and (iii) 
labor and employee-representation organizations. 
    (c) A long term care facility found to be out of compliance 
with the certification requirements under Section 3-120   may be 
subject to denial, revocation, or suspension of the behavioral 
management unit  certification or the imposition of sanctions 
and penalties, including the immediate suspension of new 
admissions. Hearings shall be conducted pursuant to Part 7 of 
Article III of this Act.
    (d) The Department shall establish a certification fee 
schedule by rule, in consultation with advocates, nursing 
homes, and representatives of associations representing long 
term care facilities. 

(Source: P.A. 96-1372, eff. 7-29-10.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.