HB2982 98TH GENERAL ASSEMBLY

LRB098 08860 DRJ 38990 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2982

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

210 ILCS 9/66 new
210 ILCS 9/67 new
210 ILCS 9/96 new
210 ILCS 9/97 new
210 ILCS 9/112 new

Amends the Assisted Living and Shared Housing Act. Sets forth circumstances under which the Department of Public Health may initiate a review of an assisted living or shared housing establishment's license. Adds provisions concerning the appointment of a monitor or receiver if the Department has identified systemic risks to residents. Requires the Department to make available information concerning (i) the reporting of abuse, neglect, or exploitation of residents and (ii) other matters. Sets forth procedures by which an adult resident who does not have a legal guardian and has not been adjudicated incompetent may designate another adult to serve as his or her representative for the purpose of receiving certain notifications. Adds provisions concerning checks of the Health Care Worker Registry and other registries with respect to persons employed at an assisted living or shared housing establishment; prohibits employment of a person found to have a disqualifying conviction or involvement in a substantiated case of abuse or neglect. Effective January 1, 2014.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is amended by adding Sections 66, 67, 96, 97, and 112 as follows:

(210 ILCS 9/66 new)

Sec. 66. Department's initiation of licensure review. The Department shall adopt rules to establish a process by which it may initiate a review of an assisted living or shared housing establishment's licensure under this Act upon the Department's determination that any of the following circumstances exist:

(1) There is a disproportionate number or percentage of licensure complaints against an establishment.

(2) There is a disproportionate number or percentage of substantiated cases of abuse, neglect, or exploitation of residents of an establishment.

(3) There has been an apparent unnatural death of a resident of an establishment.

(4) There has been egregious or life-threatening abuse or neglect of a resident of an establishment.

(5) There has been any other significant event as determined by the Department.

The rules shall include the timeframe within which the Department may initiate a review of an establishment's licensure.

(210 ILCS 9/67 new)

Sec. 67. Appointment of monitor or receiver.

(a) The Department shall adopt rules to govern the appointment and conduct of a monitor or receiver for an assisted living or shared housing establishment when the Department has identified systemic risks to residents of the establishment. The rules shall specify the criteria for determining the need for an independent monitor or receiver, the monitor or receiver's conduct once appointed, and the requirements for a monitor or receiver to report to the Department. A monitor or receiver must be an independent entity appointed by the Department and may not be an employee of the Department or of another State agency.

(b) This Section does not limit the Department's authority to take any necessary action with respect to an assisted living or shared housing establishment by using employees of the Department or of another State agency.

(210 ILCS 9/96 new)

Sec. 96. Department to make information available.

(a) Upon an individual becoming a resident of an assisted living or shared housing establishment, the Department shall make available to the resident, and to his or her guardian or representative, if any, a document listing telephone numbers and other contact information by which suspected cases of abuse, neglect, or exploitation of residents of establishments may be reported. The information provided by the Department shall include a statement of residents' rights.

(b) The Department shall make available through its official website information on each assisted living or shared housing establishment licensed under this Act. The information shall include, but need not be limited to, the following:

(1) Licensure and quality assurance survey results with respect to each establishment.

(2) Licensure and contract status with respect to each establishment.

(3) Substantiated findings of abuse, egregious neglect, or exploitation of a resident of an establishment.

(c) The Department shall adopt rules regarding making the information available and shall inform residents and their guardians or representatives of its availability during the initial provider selection process.

(210 ILCS 9/97 new)

Sec. 97. Resident's designation of representative to receive notifications.

(a) An adult resident of an assisted living or shared housing establishment who does not have a legal guardian and has not been adjudicated incompetent may designate another adult of his or her choice to serve as his or her representative for the sole purpose of receiving notification from the establishment or from the Department concerning any incident or condition regarding the resident's health, safety, or well-being. The establishment shall inform the resident of his or her right to designate another adult as a representative for such purposes. The designation must be made in writing and signed by the resident, the designated representative, and a representative of the establishment. The designation may be revoked in writing by the resident at any time.

(b) An assisted living or shared housing establishment shall provide a form by which a resident may designate a representative that is substantially the same as the following:

"DESIGNATION OF REPRESENTATIVE

I, (insert name), am (insert age) years old and reside at (insert address of establishment).

I have not been adjudicated incompetent and do not have a legal guardian. I hereby delegate (insert name, phone number, and e-mail address of designated representative), an adult who resides at (insert address), as my representative for the sole purpose of receiving notification of any incident that may affect my health, safety, or well-being while a resident at (insert name and address of establishment), and hereby give my consent to (insert name of establishment) to communicate with (insert name of designated representative) about any such incident.

I understand that I may revoke this Designation of Representative at any time by notifying (insert name of establishment) in writing that I wish to do so.

I also understand that by executing this document I am waiving my right to confidentiality, but only to the extent of the authority conveyed in this document.

(Insert Name of Resident)

..................... Signature of Resident

(Insert Name of Resident's Representative)

........................... Signature of Representative

(Insert Name of Establishment Representative)

........................... Signature of Representative".

(210 ILCS 9/112 new)

Sec. 112. Establishment employees; registry checks.

(a) Within 60 days after the effective date of this amendatory Act of the 98th General Assembly, the Department shall require every assisted living or shared housing establishment licensed under this Act to conduct registry checks with respect to each of its employees as provided in this Section. An establishment must conduct a registry check at the time an employee is hired and annually thereafter during the period of employee's employment. The following registries must be checked:

(1) The Health Care Worker Registry.

(2) The Department of Children and Family Services' State Central Register.

(3) The Illinois Sex Offender Registry.

(b) A person may not be employed by an assisted living or shared housing establishment if he or she is found to have a disqualifying conviction or a disqualifying substantiated case of abuse or neglect. At the time of an annual registry check, if a current employee's name has been placed on a registry with a disqualifying conviction or a disqualifying substantiated case of abuse or neglect, then the establishment must terminate the employee's employment.

In this subsection:

(1) For purposes of a check of the Health Care Worker Registry, "disqualifying conviction" or "disqualifying substantiated case of abuse or neglect" means (i) a disqualifying offense as set forth in Section 25 of the Health Care Worker Background Check Act or (ii) an event identified by the Department of Human Services' standards for investigation of suspected cases of abuse, neglect, or financial exploitation under Section 1-17 of the Department of Human Services Act.

(2) For purposes of a check of the Department of Children and Family Services' State Central Register, "disqualifying conviction" or "disqualifying substantiated case of abuse or neglect" means an event identified by the Department of Children and Family Services' standards for background checks contained in Part 385 of Title 89 of the Illinois Administrative Code.

(c) In collaboration with the Department of Children and Family Services and the Department of Public Health, the Department of Human Services shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (a) of this Section for any applicant or employee listed under the Department of Children and Family Services' State Central Register seeking to be hired or maintain his or her employment with a community developmental services agency under this Act. The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry.

(d) In order to effectively and efficiently comply with subsections (a) and (b), the Department of Children and Family Services shall take immediate actions to streamline the process for checking the State Central Register for employees hired by community developmental services agencies referenced in this Act. These actions may include establishing a website for registry checks or establishing a registry check process similar to the Health Care Worker Registry.

Section 99. Effective date. This Act takes effect January 1, 2014.