Rep. Naomi D. Jakobsson
Filed: 3/25/2014
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| 1 | AMENDMENT TO HOUSE BILL 1105
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| 2 | AMENDMENT NO. ______. Amend House Bill 1105 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Nursing Home Care Act is amended by | ||||||
| 5 | changing Section 2-110 as follows:
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| 6 | (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)
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| 7 | Sec. 2-110. (a) Any employee or agent of a public agency, | ||||||
| 8 | any
representative of a community legal services program or any | ||||||
| 9 | other member
of the general public shall be permitted access at | ||||||
| 10 | reasonable hours to
any individual resident of any facility, | ||||||
| 11 | but only if there is neither a
commercial purpose nor
effect to | ||||||
| 12 | such access and if the purpose is to do any of the following:
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| 13 | (1) Visit, talk with and make personal, social and | ||||||
| 14 | legal services
available to all residents;
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| 15 | (2) Inform residents of their rights and entitlements | ||||||
| 16 | and their
corresponding obligations, under federal and | ||||||
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| 1 | State laws, by means of
educational materials and | ||||||
| 2 | discussions in groups and with individual
residents;
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| 3 | (3) Assist residents in asserting their legal rights | ||||||
| 4 | regarding
claims for public assistance, medical assistance | ||||||
| 5 | and social security
benefits, as well as in all other | ||||||
| 6 | matters in which residents are
aggrieved. Assistance may | ||||||
| 7 | include counseling and litigation; or
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| 8 | (4) Engage in other methods of asserting, advising and | ||||||
| 9 | representing
residents so as to extend to them full | ||||||
| 10 | enjoyment of their rights. | ||||||
| 11 | (a-5) If a resident of a licensed facility is an identified | ||||||
| 12 | offender, any federal, State, or local law enforcement officer | ||||||
| 13 | or county probation officer shall be permitted reasonable | ||||||
| 14 | access to the individual resident to verify compliance with the | ||||||
| 15 | requirements of the Sex Offender Registration Act, to verify | ||||||
| 16 | compliance with the requirements of Public Act 94-163 and this | ||||||
| 17 | amendatory Act of the 94th General Assembly, or to verify | ||||||
| 18 | compliance with applicable terms of probation, parole, | ||||||
| 19 | aftercare release, or mandatory supervised release.
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| 20 | (b) All persons entering a facility under this Section | ||||||
| 21 | shall
promptly notify appropriate facility personnel of their | ||||||
| 22 | presence. They
shall, upon request, produce identification to | ||||||
| 23 | establish their identity.
No such person shall enter the | ||||||
| 24 | immediate living area of any resident
without first identifying | ||||||
| 25 | himself and then receiving permission from the
resident to | ||||||
| 26 | enter. The rights of other residents present in the room
shall | ||||||
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| 1 | be respected. A resident may terminate at any time a visit by a
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| 2 | person having access to the resident's living area under this | ||||||
| 3 | Section.
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| 4 | (c) This Section shall not limit the power of the | ||||||
| 5 | Department or
other public agency, including, but not limited | ||||||
| 6 | to, the State Long Term Care Ombudsman Program, otherwise | ||||||
| 7 | permitted or required by federal or State law to enter and
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| 8 | inspect a facility or communicate privately and without | ||||||
| 9 | restriction with a resident with the resident's consent, | ||||||
| 10 | regardless of whether the resident has a legal guardian or has | ||||||
| 11 | executed a power of attorney for health care.
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| 12 | (d) Notwithstanding paragraph (a) of this Section, the | ||||||
| 13 | administrator
of a facility may refuse access to the facility | ||||||
| 14 | to any person if the
presence of that person in the facility | ||||||
| 15 | would be injurious to the health
and safety of a resident or | ||||||
| 16 | would threaten the security of the property
of a resident or | ||||||
| 17 | the facility, or if the person seeks access to the
facility for | ||||||
| 18 | commercial purposes. Any person refused access to a
facility | ||||||
| 19 | may within 10 days request a hearing under Section 3-703. In
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| 20 | that proceeding, the burden of proof as to the right of the | ||||||
| 21 | facility to
refuse access under this Section shall be on the | ||||||
| 22 | facility.
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| 23 | (Source: P.A. 98-558, eff. 1-1-14.)
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| 24 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 25 | 2014.".
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