Public Act 098-0935
 
HB5852 EnrolledLRB098 17070 DRJ 52155 b


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



 
 
    Section 5. The Disabled Persons Rehabilitation Act is 
amended by adding Section 17.1 as follows:
 
    (20 ILCS 2405/17.1 new)
    Sec. 17.1. Home Care Consumer Bill of Rights.
    (a) Definitions. As used in this Section:
    "Home care consumer" or "consumer" means a person aged 60 
or older or a person with disabilities aged 18 through 59 who 
receives services in his or her home or community to promote 
independence and reduce the necessity for residence in a 
long-term care facility. These services may include the 
following: 
        (1) Home care services provided under this Act, the 
    Medicare program under Title XVIII of the Social Security 
    Act, the Medicaid program under Title XIX of the Social 
    Security Act, or any other program funded by public or 
    private moneys.
        (2) Home care services determined to be appropriate by 
    the Department.
    "Home Care Consumer Bill of Rights" means, at a minimum, 
the rights set forth in subsections (b) through (g) and, in 
addition, any other rights established under subsection (h). 
    "Home care services" or "services" means  home and 
community-based services to promote independence and reduce 
the necessity for residence in a long-term care facility, 
including personal care services designed to assist an 
individual in the activities of daily living such as bathing, 
exercising, personal grooming, and getting in and out of bed.
    (b)  Home care consumer's right to basic safety.
        (1) A home care consumer has the right to be protected 
    from physical, sexual, mental, and verbal abuse, neglect, 
    and exploitation, including financial exploitation.
        (2) A home care consumer has the right to be served by 
    providers who are properly trained and are providing home 
    care services within their scope of practice and the scope 
    of their certification or licensure by the State.
        (3) A provider of home care services shall maintain the 
    confidentiality of all personal, financial, and medical 
    information of the home care consumers to whom it provides 
    services.
        (4) A provider of home care services shall respect the 
    personal property of the home care consumers to whom it 
    provides services. If a consumer reports a theft or loss of 
    personal property, the provider shall investigate and 
    shall report back to the consumer the results of the 
    investigation.
    (c) Home care consumer's right to information.
        (1)  A home care consumer has the right to be informed 
    of the following by a provider of home care services within 
    2 weeks after starting to receive home care services:
            (A) His or her rights under this Section.
            (B) The entities the home care consumer may contact 
        if his or her rights are violated, including the name 
        and contact information for the Department of Human 
        Services and the Department on Aging and other State 
        and local agencies responsible for enforcing the Home 
        Care Consumer Bill of Rights.
        (2) A home care consumer has the right to:
            (A) be informed of (i) the cost of home care 
        services prior to receiving those services, (ii) 
        whether the cost of those services is covered under 
        health insurance, long-term care insurance, or other 
        private or public programs, and (iii) any charges the 
        consumer will be expected to pay; and
            (B) be given advance notice of any changes to those 
        costs or services.
        (3) A home care consumer has the right to access 
    information about the availability of the home care 
    services provided in his or her community and has the right 
    to choose among home care services and providers of home 
    care services available in that community.
    (d) Home care consumer's right to choice, participation, 
and self-determination.
        (1) A home care consumer has the right to participate 
    in the planning of his or her home care services, including 
    making choices about aspects of his or her care and 
    services that are important to him or her, choosing 
    providers and schedules to the extent practicable, 
    receiving reasonable accommodation of his or her needs and 
    preferences, and involving anyone he or she chooses to 
    participate with him or her in that planning.
        (2) A home care consumer has the right to be provided 
    with sufficient information to make informed decisions, to 
    be fully informed in advance about any proposed changes in 
    care and services, and to be  involved in the 
    decision-making process regarding those changes.
        (3) A home care consumer may refuse services and has 
    the right to receive an explanation of the consequences of 
    doing so.
    (e) Home care consumer's right to dignity and 
individuality. A home care consumer has the right to receive 
care and services provided in a way that promotes his or her 
dignity and individuality.
    (f) Home care consumer's right to redress grievances.
        (1) A home care consumer has the right to express 
    grievances about the quality of his or her home care 
    services, the number of hours of service, and any 
    violations of his or her rights under this Section. A home 
    care consumer has the right to receive prompt responses to 
    those concerns and to be informed about the
entities the 
    consumer may contact to state those grievances in order to 
    have the grievances addressed in an appropriate and timely 
    manner and without retaliation.
        (2) A home care consumer has the right to assert his or 
    her rights under this Section without retaliation.
    (g) Home care consumer's right to fiduciary assistance. A 
home care consumer has the right to a fiduciary's assistance in 
securing the consumer's rights under this Section.
    (h) Other rights. The Home Care Consumer Bill of Rights may 
include any other rights determined to be appropriate by the 
Department.
    (i) The Department of Human Services and the Department on 
Aging shall develop a plan for enforcing the Home Care Consumer 
Bill of Rights. In developing the plan, the Departments shall 
establish and take into account best practices for enforcement 
of those rights. The Departments shall make those best 
practices available to the public through their official web 
sites. The plan shall include a description of how entities 
with a role in protecting older adults aged 60 or older and 
persons with disabilities aged 18 through 59, such as home care 
services licensing agencies, adult protective services 
agencies, the Office of State Long Term Care Ombudsman, local 
law enforcement agencies, and other entities determined to be 
appropriate by the Departments, will coordinate activities to 
enforce the Home Care Consumer Bill of Rights. 
 
    Section 10. The Older Adult Services Act is amended  by 
adding Section 40 as follows:
 
    (320 ILCS 42/40 new)
    Sec. 40. Home Care Consumer Bill of Rights.
    (a) Definitions. As used in this Section:
    "Home care consumer" or "consumer" means a person aged 60 
or older or a person with disabilities aged 18 through 59 who 
receives services in his or her home or community to promote 
independence and reduce the necessity for residence in a 
long-term care facility. These services may include the 
following:
        (1) Home care services provided under this Act, the 
    Medicare program under Title XVIII of the Social Security 
    Act, the Medicaid program under Title XIX of the Social 
    Security Act, or any other program funded by public or 
    private moneys.
        (2) Home care services determined to be appropriate by 
    the Department.
    "Home Care Consumer Bill of Rights" means, at a minimum, 
the rights set forth in subsections (b) through (g) and, in 
addition, any other rights established under subsection (h). 
    "Home care services" or "services" means  home and 
community-based services to promote independence and reduce 
the necessity for residence in a long-term care facility, 
including personal care services designed to assist an 
individual in the activities of daily living such as bathing, 
exercising, personal grooming, and getting in and out of bed.
    (b)  Home care consumer's right to basic safety.
        (1) A home care consumer has the right to be protected 
    from physical, sexual, mental, and verbal abuse, neglect, 
    and exploitation, including financial exploitation.
        (2) A home care consumer has the right to be served by 
    providers who are properly trained and are providing home 
    care services within their scope of practice and the scope 
    of their certification or licensure by the State.
        (3) A provider of home care services shall maintain the 
    confidentiality of all personal, financial, and medical 
    information of the home care consumers to whom it provides 
    services.
        (4) A provider of home care services shall respect the 
    personal property of the home care consumers to whom it 
    provides services. If a consumer reports a theft or loss of 
    personal property, the provider shall investigate and 
    shall report back to the consumer the results of the 
    investigation.
    (c) Home care consumer's right to information.
        (1)  A home care consumer has the right to be informed 
    of the following by a provider of home care services within 
    2 weeks after starting to receive home care services:
            (A) His or her rights under this Section.
            (B) The entities the home care consumer may contact 
        if his or her rights are violated, including the name 
        and contact information for the Department on Aging  and 
        the Department of Human Services and other State and 
        local agencies responsible for enforcing the Home Care 
        Consumer Bill of Rights.
        (2) A home care consumer has the right to:
            (A) be informed of (i) the cost of home care 
        services prior to receiving those services, (ii) 
        whether the cost of those services is covered under 
        health insurance, long-term care insurance, or other 
        private or public programs, and (iii) any charges the 
        consumer will be expected to pay; and
            (B) be given advance notice of any changes to those 
        costs or services.
        (3) A home care consumer has the right to access 
    information about the availability of the home care 
    services provided in his or her community and has the right 
    to choose among home care services and providers of home 
    care services available in that community.
    (d) Home care consumer's right to choice, participation, 
and self-determination.
        (1) A home care consumer has the right to participate 
    in the planning of his or her home care services, including 
    making choices about aspects of his or her care and 
    services that are important to him or her, choosing 
    providers and schedules to the extent practicable, 
    receiving reasonable accommodation of his or her needs and 
    preferences, and involving anyone he or she chooses to 
    participate with him or her in that planning.
        (2) A home care consumer has the right to be provided 
    with sufficient information to make informed decisions, to 
    be fully informed in advance about any proposed changes in 
    care and services, and to be  involved in the 
    decision-making process regarding those changes.
        (3) A home care consumer may refuse services and has 
    the right to receive an explanation of the consequences of 
    doing so.
    (e) Home care consumer's right to dignity and 
individuality. A home care consumer has the right to receive 
care and services provided in a way that promotes his or her 
dignity and individuality.
    (f) Home care consumer's right to redress grievances.
        (1) A home care consumer has the right to express 
    grievances about the quality of his or her home care 
    services, the number of hours of service, and any 
    violations of his or her rights under this Section. A home 
    care consumer has the right to receive prompt responses to 
    those concerns and to be informed about the
entities the 
    consumer may contact to state those grievances in order to 
    have the grievances addressed in an appropriate and timely 
    manner and without retaliation.
        (2) A home care consumer has the right to assert his or 
    her rights under this Section without retaliation.
    (g) Home care consumer's right to fiduciary assistance. A 
home care consumer has the right to a fiduciary's assistance in 
securing the consumer's rights under this Section.
    (h) Other rights. The Home Care Consumer Bill of Rights may 
include any other rights determined to be appropriate by the 
Department.
    (i) The Department on Aging and the Department of Human 
Services shall develop a plan for enforcing the Home Care 
Consumer Bill of Rights. In developing the plan, the 
Departments shall establish and take into account best 
practices for enforcement of those rights. The Departments 
shall make those best practices available to the public through 
their official web sites. The plan shall include a description 
of how entities with a role in protecting older adults aged 60 
or older and persons with disabilities aged 18 through 59, such 
as home care services licensing agencies, adult protective 
services agencies, the Office of State Long Term Care 
Ombudsman, local law enforcement agencies, and other entities 
determined to be appropriate by the Departments, will 
coordinate activities to enforce the Home Care Consumer Bill of 
Rights. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.