Public Act 099-0784
 
HB5603 EnrolledLRB099 20187 MJP 44642 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Authorized Electronic Monitoring in 
Long-Term Care Facilities Act is amended  by changing Sections 
5, 15, 25, 27, and 65 as follows:
 
    (210 ILCS 32/5)

    Sec. 5. Definitions.  As used in this Act:

    "Authorized electronic monitoring" means the placement and 
use of an electronic monitoring device by a resident in his or 
her room in accordance with this Act.
    "Department" means the Department of Public Health.

    "Electronic monitoring device" means a surveillance 
instrument with a fixed position video camera or an audio 
recording device, or a combination thereof, that is installed 
in a resident's room under the provisions of this Act and 
broadcasts or records activity or sounds occurring in the room.
    "Facility" means an intermediate care facility for the 
developmentally disabled licensed under the ID/DD Community 
Care Act that has 30 beds or more, a facility licensed under 
the MC/DD Act a long-term care for under age 22 facility 
licensed under the ID/DD Community Care Act, or a long-term 
care facility licensed under the Nursing Home Care Act.
    "Resident" means a person residing in a facility.
    "Resident's representative" has the meaning given to that 
term in (1) Section 1-123 of the Nursing Home Care Act if the 
resident resides in a facility licensed under the Nursing Home 
Care Act, or (2) Section 1-123 of the ID/DD Community Care Act 
if the resident resides in a facility licensed under the ID/DD 
Community Care Act, or (3) Section 1-123 of the MC/DD Act if 
the resident resides in a facility licensed under the MC/DD 
Act.

(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/15)

    Sec. 15. Consent.
 
    (a) Except as otherwise provided in this subsection, a 
resident, a resident's plenary guardian of the person, or the 
parent of a resident under the age of 18 must consent in 
writing on a notification and consent form prescribed by the 
Department to the authorized electronic monitoring in the 
resident's room. If the resident has not affirmatively objected 
to the authorized electronic monitoring and the resident's 
physician determines that the resident lacks the ability to 
understand and appreciate the nature and consequences of 
electronic monitoring, the following individuals may consent 
on behalf of the resident, in order of priority:
        (1) a health care agent named under the Illinois Power 
    of Attorney Act;
        (2) a resident's representative, as defined in Section 
    5 of this Act;
        (3) the resident's spouse;
        (4) the resident's parent;
        (5) the resident's adult child who has the written 
    consent of the other adult children of the resident to act 
    as the sole decision maker regarding authorized electronic 
    monitoring; or
        (6) the resident's adult brother or sister who has the 
    written consent of the other adult siblings of the resident 
    to act as the sole decision maker regarding authorized 
    electronic monitoring.
    (a-5) Prior to another person, other than a resident's 
plenary guardian of the person, consenting on behalf of a 
resident 18 years of age or older in accordance with this 
Section, the resident must be asked by that person, in the 
presence of a facility employee, if he or she wants authorized 
electronic monitoring to be conducted. The person must explain 
to the resident:
        (1) the type of electronic monitoring device to be 
    used;
        (2) the standard conditions that may be placed on the 
    electronic monitoring device's use, including those listed 
    in paragraph (7) of subsection (b) of Section 20;
        (3) with whom the recording may be shared according to 
    Section 45; and
        (4) the resident's ability to decline all recording.
    For the purposes of this subsection,   a resident 
affirmatively objects when he or she orally, visually, or 
through the use of auxiliary aids or services declines 
authorized electronic monitoring.  The resident's response must 
be documented on the notification and consent form.
    (b) A resident  or roommate may consent to authorized 
electronic monitoring with any conditions of the resident's 
choosing, including, but not limited to, the list of standard 
conditions provided in paragraph (7) of subsection (b) of 
Section 20. A resident or roommate may request that the 
electronic monitoring device be turned off or the visual 
recording component of the electronic monitoring device be 
blocked at any time.
    (c) Prior to the authorized electronic monitoring, a

resident must obtain the written consent of any other resident

residing in the room on the notification and consent form 
prescribed by the Department.  Except as otherwise provided in 
this subsection, a roommate, a roommate's plenary guardian of 
the person, or the parent of a roommate under the age of 18 
must consent in writing to the authorized electronic monitoring 
in the resident's room.  If the roommate has not affirmatively 
objected to the authorized electronic monitoring in accordance 
with subsection (a-5) and the roommate's physician determines 
that the roommate lacks the ability to understand and 
appreciate the nature and consequences of electronic 
monitoring, the following individuals may consent on behalf of 
the roommate, in order of priority:
        (1) a health care agent named under the Illinois Power 
    of Attorney Act;
        (2) a roommate's resident's representative, as defined 
    in Section 5 of this Act;
        (3) the roommate's spouse;
        (4) the roommate's parent;
        (5) the roommate's adult child who has the written 
    consent of the other adult children of the resident to act 
    as the sole decision maker regarding authorized electronic 
    monitoring; or
        (6) the roommate's adult brother or sister who has the 
    written consent of the other adult siblings of the resident 
    to act as the sole decision maker regarding authorized 
    electronic monitoring.
    (c-5) Consent by a roommate under subsection (c) authorizes 
the resident's use of any recording obtained under this Act, as 
provided in Section 45 of this Act.
    (c-7) Any resident previously conducting authorized 
electronic monitoring must obtain consent from any new roommate 
before the resident may resume authorized electronic 
monitoring.
If a new roommate does not consent to authorized 
electronic monitoring and the resident conducting the 
authorized electronic monitoring does not remove or disable the 
electronic monitoring device, the facility shall may turn off 
the device.
    (d)  Consent may be withdrawn by the resident or roommate at 
any time, and the
withdrawal of consent shall be documented in 
the resident's
clinical record. If a roommate withdraws consent 
and the resident
conducting the authorized electronic 
monitoring does not
remove or disable the electronic monitoring 
device, the
facility may turn off the electronic monitoring 
device.
    (e) If a resident who is residing in a shared room wants to 
conduct authorized electronic monitoring and another resident 
living in or moving into the same shared room refuses to 
consent to the use of an electronic monitoring device, the 
facility shall make a reasonable attempt to accommodate the 
resident who wants to conduct authorized electronic 
monitoring. A facility has met the requirement to make a 
reasonable attempt to accommodate a resident who wants to 
conduct authorized electronic monitoring when upon 
notification that a roommate has not consented to the use of an 
electronic monitoring device in his or her room, the facility 
offers to move either resident to another shared room that is 
available at the time of the request.  If a resident chooses to 
reside in a private room in order to accommodate the use of an 
electronic monitoring device, the resident must pay the private 
room rate. If a facility is unable to accommodate a resident 
due to lack of space, the facility must reevaluate the request 
every 2 weeks until the request is fulfilled.

(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/25)

    Sec. 25. Cost and installation.
 
    (a) A resident choosing to conduct authorized electronic 
monitoring must do so at his or her own expense, including 
paying purchase, installation, maintenance, and removal costs.
    (b) If a resident chooses to install an electronic 
monitoring device that uses Internet technology for visual or 
audio monitoring, that resident is responsible for contracting 
with an Internet service provider.
    (c) The facility shall make a reasonable attempt to 
accommodate the resident's installation needs, including, but 
not limited to, allowing access to the facility's 
telecommunications or equipment room. A facility has the burden 
of proving that a requested accommodation is not reasonable.
    (d) The electronic monitoring device must be placed in a 
conspicuously visible location in the room.
    (e) A facility may not charge the resident a fee for the 
cost of electricity used by an electronic monitoring device.
    (f) All electronic monitoring device installations and 
supporting services shall comply with the requirements of the 
edition of the National Fire Protection Association (NFPA) 101 
Life Safety Code in force at the time of installation and shall 
remain in compliance with that or any subsequent edition of 
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code 
of Federal Regulations  National Fire Protection Association 
(NFPA) 101 Life Safety Code (2000 edition).

(Source: P.A. 99-430, eff. 1-1-16.)
 
    (210 ILCS 32/27)

    Sec. 27. Assistance program.  
    (a) Subject to appropriation, the Department shall 
establish a program to assist residents receiving medical 
assistance under Article V of the Illinois Public Aid Code in 
accessing authorized electronic monitoring.

    (b) Subject to appropriation, the The Department shall 
distribute up to $50,000 in funds on an annual basis to 
residents receiving medical assistance under Article V of the 
Illinois Public Aid Code for the purchase and installation of 
authorized electronic monitoring devices.

    (c) Applications for funds and disbursement of funds must 
be made in a manner prescribed by the Department.

(Source: P.A. 99-430, eff. 1-1-16.)
 
    Section 10. The MC/DD Act is amended  by adding Section 
2-116 and by changing Section 3-318 as follows:
 
    (210 ILCS 46/2-116 new)
    Sec. 2-116. Authorized electronic monitoring of a

resident's room. A resident shall be permitted to conduct

authorized electronic monitoring of the resident's room

through the use of electronic monitoring devices placed in the

room pursuant to the Authorized Electronic Monitoring in

Long-Term Care Facilities Act.
 
    (210 ILCS 46/3-318)


    Sec. 3-318. Business offenses.
    (a) No person shall:
        (1) Intentionally fail to correct or interfere with the 
    correction of a Type "AA", Type "A", or Type "B" violation 
    within the time specified on the notice or approved plan of 
    correction under this Act as the maximum period given for 
    correction, unless an extension is granted and the 
    corrections are made before expiration of extension;
        (2) Intentionally prevent, interfere with, or attempt 
    to impede in any way any duly authorized investigation and 
    enforcement of this Act;
        (3) Intentionally prevent or attempt to prevent any 
    examination of any relevant books or records pertinent to 
    investigations and enforcement of this Act;
        (4) Intentionally prevent or interfere with the 
    preservation of evidence pertaining to any violation of 
    this Act or the rules promulgated under this Act;
        (5) Intentionally retaliate or discriminate against 
    any resident or employee for contacting or providing 
    information to any state official, or for initiating, 
    participating in, or testifying in an action for any remedy 
    authorized under this Act;
        (6) Willfully file any false, incomplete or 
    intentionally misleading information required to be filed 
    under this Act, or willfully fail or refuse to file any 
    required information; or
        (7) Open or operate a facility without a license; or .
        (8) Intentionally retaliate or discriminate against 
    any resident for consenting to authorized electronic 
    monitoring under the Authorized Electronic Monitoring in 
    Long-Term Care Facilities Act.
        (9) Prevent the installation or use of an electronic 
    monitoring device by a resident who has provided the 
    facility with notice and consent as required in Section 20 
    of the Authorized Electronic Monitoring in Long-Term Care 
    Facilities Act.
    (b) A violation of this Section is a business offense, 
punishable by a fine not to exceed $10,000, except as otherwise 
provided in subsection (2) of Section 3-103 as to submission of 
false or misleading information in a license application.
    (c) The State's Attorney of the county in which the 
facility is located, or the Attorney General, shall be notified 
by the Director of any violations of this Section.



(Source: P.A. 99-180, eff. 7-29-15.)
 
    (210 ILCS 32/65)

    Sec. 65. Rules.  The Department shall adopt rules necessary 
to administer and enforce any Section of this Act. Rulemaking 
shall not delay the full implementation of implement this Act.

(Source: P.A. 99-430, eff. 1-1-16.)
  


									INDEX
								

									Statutes amended in order of appearance
								
    210 ILCS 32/5
    210 ILCS 32/15
    210 ILCS 32/25
    210 ILCS 32/27
    210 ILCS 46/2-116 new
    210 ILCS 46/3-318