Public Act 096-1146
 
HB5323 EnrolledLRB096 17650 KTG 33008 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    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:
 
    (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.)
 
    (210 ILCS 47/2-203)
    (This Section may contain text from a Public Act with a 
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;
        (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.

(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/2-204)
    (This Section may contain text from a Public Act with a 
delayed effective date)

    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
     
    officio, and nonvoting;
        (2) one representative each of the Department of
     
    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
     
    practice medicine in all its branches;
        (4) one member who shall be a behavioral specialist
     
    selected from the recommendations of the Department of 
    Human Services;
        (5) three members who shall be selected from the
     
    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
     
    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 
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 
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.

(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/3-303.1)
    (This Section may contain text from a Public Act with a 
delayed effective date)

    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 
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.


(Source: P.A. 96-339, eff. 7-1-10.)

 
    Section 99. Effective date. This Act takes effect July 1, 
2010.