State of Illinois
92nd General Assembly
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92_HB3540ham001

 










                                             LRB9205951ACsbam

 1                    AMENDMENT TO HOUSE BILL 3540

 2        AMENDMENT NO.     .  Amend House Bill 3540  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Abused  and  Neglected Long Term Care
 5    Facility Residents  Reporting  Act  is  amended  by  changing
 6    Section 3 as follows:

 7        (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
 8        Sec.  3.  Definitions.   As  used  in this Act unless the
 9    context otherwise requires:
10        a.  "Department" means the Department of Public Health of
11    the State of Illinois.
12        b.  "Resident" means a person residing in  and  receiving
13    personal  care from a long term care facility, or residing in
14    a mental health facility or developmental disability facility
15    as  defined  in   the   Mental   Health   and   Developmental
16    Disabilities Code.
17        c.  "Long  term  care  facility"  has  the  same  meaning
18    ascribed  to  such  term in the Nursing Home Care Act, except
19    that the term as used in this Act shall  include  any  mental
20    health  facility  or  developmental  disability  facility  as
21    defined  in  the Mental Health and Developmental Disabilities
22    Code.
 
                            -2-              LRB9205951ACsbam
 1        d.  "Abuse" means any physical injury,  sexual  abuse  or
 2    mental   injury   inflicted  on  a  resident  other  than  by
 3    accidental means.
 4        e.  "Neglect"  means  a  failure  in  a  long  term  care
 5    facility to provide adequate  medical  or  personal  care  or
 6    maintenance,  which  failure  results  in  physical or mental
 7    injury to a resident or in the deterioration of a  resident's
 8    physical or mental condition.
 9        f.  "Protective  services"  means  services provided to a
10    resident who has been abused or neglected, which may include,
11    but are not limited to  alternative  temporary  institutional
12    placement,  nursing  care,  counseling, other social services
13    provided at the nursing home where the resident resides or at
14    some  other  facility,  personal  care  and  such  protective
15    services of voluntary agencies as are available.
16        g.  Unless the  context  otherwise  requires,  direct  or
17    indirect  references  in this Act to the programs, personnel,
18    facilities,   services,   service   providers,   or   service
19    recipients of the  Department  of  Human  Services  shall  be
20    construed   to  refer  only  to  those  programs,  personnel,
21    facilities,   services,   service   providers,   or   service
22    recipients that pertain to the Department of Human  Services'
23    mental health and developmental disabilities functions.
24    (Source: P.A. 89-507, eff. 7-1-97.)".

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