Public Act 094-0429
 		





SB1220 Enrolled
LRB094 09548 DRJ 39799 b






    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 2. The Assisted Living and Shared Housing Act is 
amended  by changing Section 76 as follows:
 



    (210 ILCS 9/76)



    Sec. 76. Vaccinations.


    (a) Before a prospective resident's admission to an

assisted living establishment or shared housing establishment 
that does not provide medication administration as an optional 
service, the
establishment shall advise the prospective 
resident to consult a
physician to determine whether the 
prospective resident should obtain a
vaccination against 
pneumococcal pneumonia or influenza, or both.
    (b) An assisted living establishment or shared housing 
establishment that provides medication administration as an 
optional service 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 or
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 Section are
optimal to
protect the health 
of residents, the Department is authorized to adopt rules
to 
require
vaccinations at those times rather than the times 
stated in this Section. An establishment shall document in the 
resident's medication record that an annual
vaccination 
against influenza
was administered, arranged, refused, or 
medically contraindicated.
    An assisted living establishment or shared housing 
establishment that provides medication administration as an 
optional service shall administer or arrange for 
administration of a pneumococcal
vaccination to each resident 
who is age 65 or over, 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 
establishment, unless the resident refuses the offer for

vaccination or the
vaccination is medically contraindicated. 
An establishment shall document in each
resident's
medication 
record that a vaccination against pneumococcal pneumonia was 
offered
and administered, arranged, refused, or medically 
contraindicated.


(Source: P.A. 92-562, eff. 6-24-02; 93-1003, eff. 8-23-04.)

 
    Section 3. 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
provide or arrange for 
administration of a pneumococcal
vaccination to each resident 
who is age 65 and over, 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. 

(Source: P.A. 93-384, eff. 7-25-03.)

 
    Section 5. The Home Health Agency Licensing Act is amended  
by adding Section 6.5 as follows:
 
    (210 ILCS 55/6.5  new)
    Sec. 6.5. Vaccinations.
    (a) A home health agency shall annually administer or 
arrange for administration of a vaccination against influenza 
to each client, 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 client has refused the vaccine.  
Influenza vaccinations for all clients age 65 or over shall be 
completed by November 30 of each year or as soon as practicable 
if vaccine supplies are not available before November 1.  Home 
health clients whose services start after November 30, during 
the flu season, and until February 1 shall, as medically 
appropriate, receive an influenza vaccination prior to or upon 
service initiation or as soon as practicable if vaccine 
supplies are not available at the time of the service 
initiation, unless the vaccine is medically contraindicated or 
the client has refused the vaccine. If 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 Section are optimal to protect the 
health of clients, the Department may adopt rules to mandate 
vaccinations at those times rather than the times stated in 
this Section. A home health agency shall document in the 
client's medical record that an annual vaccination against 
influenza was administered, arranged, refused, or medically 
contraindicated.
    (b) A home health agency shall administer or arrange for 
administration of a pneumococcal vaccination, in accordance 
with the recommendations of the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention, to each client who is age 65 or over and who has 
not received this immunization prior to or upon service 
initiation, unless the client refuses the offer for vaccination 
or the vaccination is medically contraindicated.  A home health 
agency shall document in each client's medical record that a 
vaccination against pneumococcal pneumonia was offered and was 
administered, arranged, refused, or medically contraindicated.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.