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Public Act 096-1146
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| HB5323 Enrolled | LRB096 17650 KTG 33008 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The MR/DD Community Care Act is amended by |
changing Sections 2-112, 2-203, 2-204, and 3-303.1 as follows:
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(210 ILCS 47/2-112) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
Sec. 2-112. Grievances. A resident shall be permitted to |
present grievances on behalf of himself or herself or others to |
the administrator, the DD Long-Term Care Facility Advisory |
Board established under Section 2-204 of this Act the Nursing |
Home Care Act, the residents' advisory council, State |
governmental agencies or other persons without threat of |
discharge or reprisal in any form or manner whatsoever. The |
administrator shall provide all residents or their |
representatives with the name, address, and telephone number of |
the appropriate State governmental office where complaints may |
be lodged. |
(Source: P.A. 96-339, eff. 7-1-10.)
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(210 ILCS 47/2-203) |
(This Section may contain text from a Public Act with a |
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delayed effective date) |
Sec. 2-203. Residents' advisory council. Each facility |
shall establish a residents' advisory council. The |
administrator shall designate a member of the facility staff to |
coordinate the establishment of, and render assistance to, the |
council. |
(a) The composition of the residents' advisory council |
shall be specified by Department regulation, but no employee or |
affiliate of a facility shall be a member of any council. |
(b) The council shall meet at least once each month with |
the staff coordinator who shall provide assistance to the |
council in preparing and disseminating a report of each meeting |
to all residents, the administrator, and the staff. |
(c) Records of the council meetings will be maintained in |
the office of the administrator. |
(d) The residents' advisory council may communicate to the |
administrator the opinions and concerns of the residents. The |
council shall review procedures for implementing resident |
rights, facility responsibilities and make recommendations for |
changes or additions which will strengthen the facility's |
policies and procedures as they affect residents' rights and |
facility responsibilities. |
(e) The council shall be a forum for: |
(1) Obtaining and disseminating information; |
(2) Soliciting and adopting recommendations for |
facility programing and improvements; |
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(3) Early identification and for recommending orderly |
resolution of problems. |
(f) The council may present complaints as provided in |
Section 3-702 on behalf of a resident to the Department, the DD |
Long-Term Care Facility Advisory Board established under |
Section 2-204 of this Act the Nursing Home Care Act or to any |
other person it considers appropriate.
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(Source: P.A. 96-339, eff. 7-1-10.)
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(210 ILCS 47/2-204) |
(This Section may contain text from a Public Act with a |
delayed effective date)
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Sec. 2-204. DD Long-Term Care Facility Advisory Board. The |
Director shall appoint a DD Facility Advisory Board to consult |
with the Department and the residents' advisory councils |
created under Section 2-203. |
(a) The Advisory Board shall be composed of the following |
persons: |
(1) the Director who shall serve as chairperson, ex
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officio, and nonvoting; |
(2) one representative each of the Department of
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Healthcare and Family Services, the Department of Human |
Services, and the Office of the State Fire Marshal, all |
nonvoting members; |
(3) one member who shall be a physician licensed to
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practice medicine in all its branches; |
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(4) one member who shall be a behavioral specialist
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selected from the recommendations of the Department of |
Human Services; |
(5) three members who shall be selected from the
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recommendations by organizations whose membership consists |
of facilities; |
(6) two members who shall represent the general
public |
who are not members of a residents' advisory council |
established under Section 2-203 and who have no |
responsibility for management or formation of policy or |
financial interest in a facility; |
(7) one member who is a member of a residents'
advisory |
council established under Section 2-203 and is capable of |
actively participating on the Advisory Board; and |
(8) one member who shall be selected from the
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recommendations of consumer organizations that engage |
solely in advocacy or legal representation on behalf of |
residents and their immediate families. |
(b) The Advisory Board shall meet as frequently as the |
chairperson deems necessary, but not less than 4 times each |
year. Upon request by 4 or more members, the chairperson shall |
call a meeting of the Advisory Board. The affirmative vote of 6 |
members of the Advisory Board shall be necessary for Advisory |
Board action. A member of the Advisory Board may designate a |
replacement to serve at the Advisory Board meeting and vote in |
place of the member by submitting a letter of designation to |
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the chairperson prior to or at the Advisory Board meeting. The |
Advisory Board members shall be reimbursed for their actual |
expenses incurred in the performance of their duties. |
(c) The Advisory Board shall advise the Department of |
Public Health on all aspects of its responsibilities under this |
Act, including the format and content of any rules promulgated |
by the Department of Public Health. Any such rules, except |
emergency rules promulgated pursuant to Section 5-45 of the |
Illinois Administrative Procedure Act, promulgated without |
obtaining the advice of the Advisory Board are null and void. |
If the Department fails to follow the advice of the Advisory |
Board, the Department shall, prior to the promulgation of such |
rules, transmit a written explanation of the reason therefor to |
the Advisory Board. During its review of rules, the Advisory |
Board shall analyze the economic and regulatory impact of those |
rules. If the Advisory Board, having been asked for its advice, |
fails to advise the Department within 90 days, the rules shall |
be considered acted upon. The Long-Term Care Facility Advisory |
Board established under Section 2-204 of the Nursing Home Care |
Act shall advise the Department of Public Health on all aspects |
of its responsibilities under this Act, including the format |
and content of any rules promulgated by the Department of |
Public Health. Any such rules, except emergency rules |
promulgated pursuant to Section 5-45 of the Illinois |
Administrative Procedure Act, promulgated without obtaining |
the advice of the Advisory Board are null and void. In the |
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event that the Department fails to follow the advice of the |
Board, the Department shall, prior to the promulgation of such |
rules, transmit a written explanation of the reason thereof to |
the Board. During its review of rules, the Board shall analyze |
the economic and regulatory impact of those rules. If the |
Advisory Board, having been asked for its advice, fails to |
advise the Department within 90 days, the rules shall be |
considered acted upon.
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(Source: P.A. 96-339, eff. 7-1-10.)
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(210 ILCS 47/3-303.1) |
(This Section may contain text from a Public Act with a |
delayed effective date)
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Sec. 3-303.1. Waiver of facility's compliance with rule or |
standard. Upon application by a facility, the Director may |
grant or renew the waiver of the facility's compliance with a |
rule or standard for a period not to exceed the duration of the |
current license or, in the case of an application for license |
renewal, the duration of the renewal period. The waiver may be |
conditioned upon the facility taking action prescribed by the |
Director as a measure equivalent to compliance. In determining |
whether to grant or renew a waiver, the Director shall consider |
the duration and basis for any current waiver with respect to |
the same rule or standard and the validity and effect upon |
patient health and safety of extending it on the same basis, |
the effect upon the health and safety of residents, the quality |
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of resident care, the facility's history of compliance with the |
rules and standards of this Act and the facility's attempts to |
comply with the particular rule or standard in question. The |
Department may provide, by rule, for the automatic renewal of |
waivers concerning physical plant requirements upon the |
renewal of a license. The Department shall renew waivers |
relating to physical plant standards issued pursuant to this |
Section at the time of the indicated reviews, unless it can |
show why such waivers should not be extended for the following |
reasons: |
(a) the condition of the physical plant has deteriorated or |
its use substantially changed so that the basis upon which the |
waiver was issued is materially different; or |
(b) the facility is renovated or substantially remodeled in |
such a way as to permit compliance with the applicable rules |
and standards without substantial increase in cost.
A copy of |
each waiver application and each waiver granted or renewed |
shall be on file with the Department and available for public |
inspection. The Director shall annually review such file and |
recommend to the DD Long-Term Care Facility Advisory Board |
established under Section 2-204 of this Act Section 2-204 of |
the Nursing Home Care Act any modification in rules or |
standards suggested by the number and nature of waivers |
requested and granted and the difficulties faced in compliance |
by similarly situated facilities.
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(Source: P.A. 96-339, eff. 7-1-10.)
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