Public Act 095-0823
 		





HB3508 Enrolled
LRB095 08515 DRJ 31907 b






    AN ACT concerning State government.

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

 
    Section 5. The Illinois Act on the Aging is amended  by 
changing Sections 4.03 and 4.04 as follows:
 



    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)



    Sec. 4.03. The Department on Aging, in cooperation with the 
Department of
Human Services and any other appropriate State, 
local or
federal agency, shall, without regard to income 
guidelines, establish a
nursing home prescreening program to 
determine whether Alzheimer's Disease
and related disorders 
victims, and persons who are deemed as blind or
disabled as 
defined by the Social Security Act and who are in need of long

term care, may be satisfactorily cared for in their homes 
through the use
of home and community based services.  Case 
coordination units under
contract with the Department may 
charge a fee for the prescreening provided
under this Section 
and the fee shall be no greater than the cost of such
services 
to the case coordination unit. At the time of each 
prescreening, case coordination units shall provide 
information regarding the Office of State Long Term Care 
Ombudsman's Residents Right to Know database as authorized in 
subsection (c-5) of Section 4.04.


(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)

 



    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)



    Sec. 4.04. Long Term Care Ombudsman Program. 

    (a) Long Term Care Ombudsman Program. The Department shall

establish a Long Term Care Ombudsman Program, through the 
Office of State
Long Term Care Ombudsman ("the Office"), in 
accordance with the provisions of
the Older Americans Act of 
1965, as now or hereafter amended.

    (b) Definitions. As used in this Section, unless the 
context requires
otherwise:


        (1) "Access" has the same meaning as in Section 1-104 
    of the Nursing
Home Care Act, as now or hereafter amended; 
    that is, it means the right to:


            (i) Enter any long term care facility or assisted 
        living or shared
housing establishment or supportive 
        living facility;


            (ii) Communicate privately and without restriction 
        with any resident
who consents to the communication;


            (iii) Seek consent to communicate privately and 
        without restriction
with any resident;


            (iv) Inspect the clinical and other records of a 
        resident with the
express written consent of the 
        resident;


            (v) Observe all areas of the long term care 
        facility or supportive
living facilities, assisted 
        living or shared housing establishment except the

        living area of any resident who protests the 
        observation.


        (2) "Long Term Care Facility" means (i) any facility as 
    defined by Section
1-113 of the Nursing Home Care Act, as 
    now or hereafter amended; and (ii) any
skilled nursing 
    facility or a nursing facility which meets the
requirements 
    of Section 1819(a), (b), (c), and (d) or Section 1919(a), 
    (b),
(c), and (d) of the Social Security Act, as now or 
    hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) 
    and 42 U.S.C. 1396r(a), (b), (c), and
(d)).


        (2.5) "Assisted living establishment" and "shared 
    housing establishment"
have the meanings given those terms 
    in Section 10 of the Assisted Living and
Shared Housing 
    Act.


        (2.7) "Supportive living facility" means a facility 
    established under
Section 5-5.01a of the Illinois Public 
    Aid Code.


        (3) "State Long Term Care Ombudsman" means any person 
    employed by the
Department to fulfill
the requirements of 
    the Office of State Long Term Care Ombudsman as
required 
    under the Older Americans Act of 1965, as now or hereafter 
    amended,
and Departmental policy.


        (3.1) "Ombudsman" means any designated representative 
    of a regional long
term care ombudsman program; provided 
    that the representative, whether he is
paid for or 
    volunteers his ombudsman services, shall be qualified and

    designated by the Office to perform the duties of an 
    ombudsman as specified by
the Department in rules and in 
    accordance with the provisions of
the Older Americans Act 
    of 1965, as now or hereafter amended.

    (c) Ombudsman; rules. The Office of State Long Term Care 
Ombudsman shall
be composed of at least one full-time ombudsman 
and shall include a system of
designated regional long term 
care ombudsman programs. Each regional program
shall be 
designated by the State Long Term Care Ombudsman as a 
subdivision of
the Office and any representative of a regional 
program shall be treated as a
representative of the Office.

    The Department, in consultation with the Office, shall 
promulgate
administrative rules in accordance with the 
provisions of the Older Americans
Act of 1965, as now or 
hereafter amended, to establish the responsibilities of
the 
Department and the Office of State Long Term Care Ombudsman and 
the
designated regional Ombudsman programs. The administrative 
rules shall include
the responsibility of the Office and 
designated regional programs to
investigate and resolve 
complaints made by or on behalf of residents of long
term care 
facilities, supportive living facilities, and assisted living 
and
shared housing establishments relating to actions, 
inaction, or
decisions of providers, or their representatives, 
of long term care
facilities, of supported living facilities, 
of assisted living and shared
housing establishments, of public 
agencies, or of social services agencies,
which may adversely 
affect the health, safety, welfare, or rights of such

residents.
When necessary and appropriate, representatives of 
the Office shall refer
complaints to the appropriate regulatory 
State agency.
The Department, in consultation with the Office, 
shall cooperate with the
Department of Human Services in 
providing information and training to
designated regional long 
term care ombudsman programs about the appropriate
assessment 
and treatment (including information about appropriate 
supportive
services, treatment options, and assessment of 
rehabilitation potential) of
persons with mental illness 
(other than Alzheimer's disease and related
disorders).
    The State Long Term Care Ombudsman and all other ombudsmen, 
as defined in paragraph (3.1) of subsection (b)  must submit to 
background checks under the Health Care Worker Background Check 
Act and receive training, as prescribed by the Illinois 
Department on Aging, before visiting facilities.  The training 
must include information specific to assisted living 
establishments, supportive living facilities, and shared 
housing establishments and to the rights of residents 
guaranteed under the corresponding Acts and administrative 
rules.


    (c-5) Consumer Choice Information Reports. The Office 
shall:
        (1) In collaboration with the Attorney General, create 
    a Consumer Choice Information Report form to be completed 
    by all licensed long term care facilities to aid 
    Illinoisans and their families in making informed choices 
    about long term care.  The Office shall create a Consumer 
    Choice Information Report for each type of licensed long 
    term care facility.
        (2) Develop a database of Consumer Choice Information 
    Reports completed by licensed long term care facilities 
    that includes information in the following consumer 
    categories:
            (A) Medical Care, Services, and Treatment.
            (B) Special Services and Amenities.
            (C) Staffing.
            (D) Facility Statistics and Resident Demographics.
            (E) Ownership and Administration.
            (F) Safety and Security.
            (G) Meals and Nutrition.
            (H) Rooms, Furnishings, and Equipment.
            (I) Family, Volunteer, and Visitation Provisions.
        (3) Make this information accessible to the public, 
    including on the Internet by means of a hyperlink labeled 
    "Resident's Right to Know" on the Office's World Wide Web 
    home page.
        (4) Have the authority, with the Attorney General, to 
    verify that information provided by a facility is accurate.
        (5) Request a new report from any licensed facility 
    whenever it deems necessary.

    (d) Access and visitation rights.


        (1) In accordance with subparagraphs (A) and (E) of 
    paragraph (3) of
subsection (c) of Section 1819
and 
    subparagraphs (A) and (E) of paragraph (3) of subsection 
    (c) of Section
1919 of the Social Security Act, as now or 
    hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 
    42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the 
    Older Americans Act of 1965, as now or hereafter
amended 
    (42 U.S.C. 3058f), a long term care facility, supportive 
    living
facility, assisted living
establishment, and shared 
    housing establishment must:


            (i) permit immediate access to any resident by a 
        designated
ombudsman; and


            (ii) permit representatives of the Office, with 
        the permission of the
resident's legal representative 
        or legal guardian, to examine a resident's
clinical and 
        other records, and if a resident is unable to consent 
        to such
review, and has no legal guardian, permit 
        representatives of the Office
appropriate access, as 
        defined by the Department, in consultation with the

        Office, in administrative rules, to the resident's 
        records.


        (2) Each long term care facility, supportive living 
    facility, assisted
living establishment, and
shared 
    housing establishment shall display, in multiple, 
    conspicuous
public places within the facility accessible 
    to both visitors and residents and
in an easily readable 
    format, the address and phone number of the Office of the

    Long Term Care Ombudsman, in a manner prescribed by the 
    Office.

    (e) Immunity. An ombudsman or any representative of the 
Office participating
in the good faith performance of his or 
her official duties
shall have immunity from any liability 
(civil, criminal or otherwise) in
any proceedings (civil, 
criminal or otherwise) brought as a consequence of
the 
performance of his official duties.

    (f) Business offenses.


        (1) No person shall:


            (i) Intentionally prevent, interfere with, or 
        attempt to impede in any
way any representative of the 
        Office in the performance of his
official
duties under 
        this Act and the Older Americans Act of 1965; or


            (ii) Intentionally retaliate, discriminate 
        against, or effect reprisals
against any long term care 
        facility resident or employee for contacting or

        providing information to any representative of the 
        Office.


        (2) A violation of this Section is a business offense, 
    punishable by a
fine not to exceed $501.


        (3) The Director of Aging, in consultation with the 
    Office, shall
notify the State's Attorney of the
county in 
    which the long term care facility, supportive living 
    facility, or
assisted living or shared housing 
    establishment is located,
or the Attorney General, of any 
    violations of this Section.

    (g) Confidentiality of records and identities. The 
Department shall
establish procedures for the disclosure by the 
State Ombudsman or the regional
ombudsmen
entities of files 
maintained by the program. The procedures shall provide that

the files and records may be disclosed only at the discretion 
of the State Long
Term Care
Ombudsman or the person designated 
by the State Ombudsman to disclose the files
and records, and 
the procedures shall prohibit the disclosure of the identity
of 
any complainant, resident, witness, or employee of a long term 
care provider
unless:


        (1) the complainant, resident, witness, or employee of 
    a long term care
provider or his or her legal 
    representative consents to the disclosure and the
consent 
    is in writing;


        (2) the complainant, resident, witness, or employee of 
    a long term care
provider gives consent orally; and the 
    consent is documented contemporaneously
in writing in

    accordance with such requirements as the Department shall 
    establish; or


        (3) the disclosure is required by court order.

    (h) Legal representation. The Attorney General shall

provide legal representation to any representative of the 
Office
against
whom suit or other legal action is brought in 
connection with the
performance of the representative's 
official duties, in accordance with the
State Employee 
Indemnification Act.

    (i) Treatment by prayer and spiritual means. Nothing in 
this Act shall
be construed to authorize or require the medical 
supervision, regulation
or control of remedial care or 
treatment of any resident in a long term
care facility operated 
exclusively by and for members or adherents of any
church or 
religious denomination the tenets and practices of which 
include
reliance solely upon spiritual means through prayer for 
healing.

(Source: P.A. 93-241, eff. 7-22-03; 93-878, eff. 1-1-05.)

 
    Section 10. The Nursing Home Care Act is amended  by 
changing Sections 3-210 and 3-212 and  by adding Section 2-214 
as follows:
 
    (210 ILCS 45/2-214  new)
    Sec. 2-214. Consumer Choice Information Reports.
    (a) Every facility shall complete a Consumer Choice 
Information Report and shall file it with the Office of State 
Long Term Care Ombudsman electronically as prescribed by the 
Office. The Report shall be filed annually and upon request of 
the Office of State Long Term Care Ombudsman.  The Consumer 
Choice Information Report must be completed by the facility in 
full.
    (b) A violation of any of the provisions of this Section 
constitutes an unlawful practice under the Consumer Fraud and 
Deceptive Business Practices Act. All remedies, penalties, and 
authority granted to the Attorney General by the Consumer Fraud 
and Deceptive Business Practices Act shall be available to him 
or her for the enforcement of this Section.
    (c) The Department of Public Health shall include 
verification of the submission of a facility's current Consumer 
Choice Information Report when conducting an inspection 
pursuant to Section 3-212.
 



    (210 ILCS 45/3-210)  (from Ch. 111 1/2, par. 4153-210)



    Sec. 3-210. A facility shall retain the following for 
public inspection: 

    (1) A complete copy of every inspection report of the 
facility received
from the Department during the past 5 years;

    (2) A copy of every order pertaining to the facility issued 
by the
Department or a court during the past 5 years;

    (3) A description of the services provided by the facility 
and the rates
charged for those services and items for which a 
resident may be separately charged;

    (4) A copy of the statement of ownership required by 
Section 3-207;

    (5) A record of personnel employed or retained by the 
facility who are
licensed, certified or registered by the 
Department of Professional
Regulation; and

    (6) A complete copy of the most recent inspection report of 
the facility
received from the Department.

    (7) A copy of the current Consumer Choice Information 
Report required by Section 2-214.

(Source: P.A. 85-1209)

 



    (210 ILCS 45/3-212)  (from Ch. 111 1/2, par. 4153-212)



    Sec. 3-212. Inspection. 

    (a) The Department, whenever it deems necessary in

accordance with subsection (b), shall inspect, survey and 
evaluate every
facility to determine compliance with 
applicable licensure requirements and
standards. Submission of 
a facility's current Consumer Choice Information Report 
required by Section 2-214 shall be verified at time of 
inspection.  An inspection should occur within 120 days prior
to 
license renewal.  The Department may periodically visit a 
facility for the
purpose of consultation.  An inspection, 
survey, or evaluation, other than
an inspection of financial 
records, shall be conducted without prior notice
to the 
facility.  A visit for the sole purpose of consultation may be

announced.
The Department shall provide training to surveyors 
about the appropriate
assessment, care planning, and care of 
persons with mental illness (other than
Alzheimer's disease or 
related disorders) to enable its surveyors to
determine whether 
a facility is complying with State and federal requirements

about the assessment, care planning, and care of those persons.

    (a-1) An employee of a State or unit of local government 
agency
charged with inspecting, surveying, and evaluating 
facilities who directly
or indirectly gives prior notice of an 
inspection, survey, or evaluation,
other than an inspection of 
financial records, to a facility or to an
employee of a 
facility is guilty of a Class A misdemeanor.

    An inspector or an employee of the Department who 
intentionally prenotifies
a facility,
orally or in writing, of 
a pending complaint investigation or inspection shall
be guilty 
of a Class A misdemeanor.
Superiors of persons who have 
prenotified a facility shall be subject to the
same penalties, 
if they have knowingly allowed the prenotification.  A person

found guilty of prenotifying a facility shall be subject to 
disciplinary action
by his or her employer.

    If the Department has a good faith belief, based upon 
information that comes
to its attention, that a violation of 
this subsection has occurred, it must
file a complaint with the 
Attorney General or the State's Attorney in the
county where 
the violation
took place within 30 days after discovery of the 
information.

    (a-2) An employee of a State or unit of local government 
agency charged with
inspecting, surveying, or evaluating 
facilities who willfully profits from
violating the 
confidentiality of the inspection, survey, or evaluation

process shall be guilty of a Class 4 felony and that conduct 
shall be deemed
unprofessional conduct that may subject a 
person to loss of his or her
professional license. An action to 
prosecute a person for violating this
subsection (a-2) may be 
brought by either the Attorney General or the State's
Attorney 
in the county where the violation took place.

    (b) In determining whether to make more than the required 
number of
unannounced inspections, surveys and evaluations of a 
facility the
Department shall consider one or more of the 
following: previous inspection
reports; the facility's history 
of compliance with standards, rules and
regulations 
promulgated under this Act and correction of violations,

penalties or other enforcement actions; the number and severity 
of
complaints received about the facility; any allegations of 
resident abuse
or neglect; weather conditions; health 
emergencies; other reasonable belief
that deficiencies exist.

    (b-1) The Department shall not be required to determine 
whether a
facility certified to participate in the Medicare 
program under Title XVIII of
the Social Security Act, or the 
Medicaid program under Title XIX of the Social
Security Act, 
and which the Department determines by inspection under this

Section or under Section 3-702 of this Act to be in compliance 
with the
certification requirements of Title XVIII or XIX, is 
in compliance with any
requirement of this Act that is less 
stringent than or duplicates a federal
certification 
requirement.  In accordance with subsection (a) of this Section

or subsection (d) of Section 3-702, the Department shall 
determine whether a
certified facility is in
compliance with 
requirements of this Act that exceed federal certification

requirements.  If a certified facility is found to be out of 
compliance with
federal certification requirements, the 
results of an inspection conducted
pursuant to Title XVIII or 
XIX of the Social Security Act may be used as the
basis for 
enforcement remedies authorized and commenced under this Act.

Enforcement of this Act against a certified facility shall be 
commenced
pursuant to the requirements of this Act, unless 
enforcement remedies sought
pursuant to Title XVIII or XIX of 
the Social Security Act exceed those
authorized by this Act.  As 
used in this subsection, "enforcement remedy"
means a sanction 
for violating a federal certification requirement or this
Act.

    (c) Upon completion of each inspection, survey and 
evaluation, the
appropriate Department personnel who conducted 
the inspection, survey or
evaluation shall submit a copy of 
their report to the licensee upon exiting
the facility, and 
shall submit the actual report to the appropriate
regional 
office of the Department.  Such report and any recommendations 
for
action by the Department under this Act shall be 
transmitted to the
appropriate offices of the associate 
director of the Department, together
with related comments or 
documentation provided by the licensee which may
refute 
findings in the report, which explain extenuating 
circumstances that
the facility could not reasonably have 
prevented, or which indicate methods
and timetables for 
correction of deficiencies described in the report.
Without 
affecting the application of subsection (a) of Section 3-303, 
any
documentation or comments of the licensee shall be provided 
within 10
days of receipt of the copy of the report.  Such 
report shall recommend to
the Director appropriate action under 
this Act with respect to findings
against a facility.  The 
Director shall then determine whether the report's
findings 
constitute a violation or violations of which the facility must 
be
given notice.  Such determination shall be based upon the 
severity of the
finding, the danger posed to resident health 
and safety, the comments and
documentation provided by the 
facility, the diligence and efforts to
correct deficiencies, 
correction of the reported deficiencies, the
frequency and 
duration of similar findings in previous reports and the

facility's general inspection history.  Violations shall be 
determined
under this subsection no later than 60 days after 
completion of each
inspection, survey and evaluation.

    (d) The Department shall maintain all inspection, survey 
and evaluation
reports for at least 5 years in a manner 
accessible to and understandable
by the public.

(Source: P.A. 91-799, eff. 6-13-00; 92-209, eff. 1-1-02.)

 
    Section 15. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by adding Section 2ZZ as follows:
 
    (815 ILCS 505/2ZZ  new)
    Sec. 2ZZ.  Long term care facility; Consumer Choice 
Information Report. A long term care facility that fails to 
comply with Section 2-214 of the Nursing Home Care Act commits 
an unlawful practice within the meaning of this Act.




Effective Date:  1/1/2009