96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2601


 
Introduced 1/21/2010, by Sen. Donne E. Trotter
 
SYNOPSIS AS INTRODUCED:
 		





 








210 ILCS 45/2-213










     Amends the Nursing Home Care Act. Provides that all persons seeking admission to a nursing facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Provides that persons  who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing if  they  will be admitted to the nursing facility for at least 7 days and are not known to be infected with any of the listed viruses. Provides that all HIV testing shall be conducted in compliance with the AIDS Confidentiality Act and that all persons determined to be susceptible to the hepatitis B virus shall be offered immunization upon admission to any nursing facility. Requires  nursing facilities to document a resident's screening for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the resident was immunized against hepatitis B. Effective January 1, 2011. 
  















LRB096 17754 KTG 33120 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






SB2601

LRB096 17754 KTG 33120 b





  
1
    AN ACT concerning regulation.
  
 
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    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
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    Section 5. The Nursing Home Care Act is amended  by changing 
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Section 2-213 as follows:
 



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    (210 ILCS 45/2-213)



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    Sec. 2-213. Vaccinations. 

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    (a) A facility shall annually administer or arrange for 
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administration of a vaccination against influenza to
each

10
resident, in accordance with the recommendations of the 
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Advisory Committee on
Immunization Practices of the Centers for 
12
Disease Control and Prevention that
are most
recent to the time 
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of vaccination, unless the vaccination is medically

14
contraindicated or
the resident has refused the vaccine. 
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Influenza vaccinations for all residents
age 65 and
over shall 
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be completed by November 30 of each year or as soon as 
17
practicable
if vaccine
supplies are not available before 
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November 1. Residents admitted after November
30,
during the 
19
flu season, and until February 1 shall, as medically 
20
appropriate,
receive an influenza vaccination prior to or upon 
21
admission or as soon as
practicable if vaccine
supplies are not 
22
available at the time of the admission, unless the vaccine is

23
medically
contraindicated or the resident has refused the 
 


 






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vaccine. In the event that the
Advisory
Committee on 
2
Immunization Practices of the Centers for Disease Control and

3
Prevention
determines that dates of administration other than 
4
those stated in this Act are
optimal to
protect the health of 
5
residents, the Department is authorized to develop rules
to 
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mandate
vaccinations at those times rather than the times 
7
stated in this Act. A
facility shall document in the resident's 
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medical record that an annual
vaccination against influenza
was 
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administered, arranged, refused or medically contraindicated.

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    (b) A facility shall administer or arrange for 
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administration of a pneumococcal
vaccination to each resident 
12
who is age 65 and over, in accordance with the
recommendations 
13
of the Advisory Committee on Immunization Practices of the

14
Centers
for Disease Control and Prevention, who has not 
15
received this immunization
prior to or
upon admission to the 
16
facility, unless the resident refuses the offer for
vaccination 
17
or the
vaccination is medically contraindicated. A facility 
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shall document in each
resident's
medical record that a 
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vaccination against pneumococcal pneumonia was offered
and 
20
administered, arranged, refused, or medically contraindicated. 

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    (c) All persons seeking admission to a nursing facility 
22
shall be verbally screened for risk factors associated with 
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hepatitis B, hepatitis C, and the Human Immunodeficiency Virus 
24
(HIV) according to guidelines established by the U.S. Centers 
25
for Disease Control and Prevention. Persons who are identified 
26
as being at high risk for hepatitis B, hepatitis C, or HIV 
 


 






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shall be offered an opportunity to undergo laboratory testing 
2
in order to determine infection status if they will be admitted 
3
to the nursing facility for at least 7 days and are not known 
4
to be infected with any of the listed  viruses. All HIV testing 
5
shall be conducted in compliance with the AIDS Confidentiality 
6
Act. All persons determined to be susceptible to the hepatitis 
7
B virus shall be offered immunization upon admission to any 
8
nursing facility. A facility shall document in the resident's 
9
medical record that he or she was verbally screened for risk 
10
factors associated with hepatitis B, hepatitis C, and HIV, and 
11
whether or not the resident was immunized against hepatitis B. 
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(Source: P.A. 93-384, eff. 7-25-03; 94-429, eff. 8-2-05.)

 
 
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    Section 99. Effective date. This Act takes effect January 
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1, 2011.