Bill Text: IL HB2911 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Illinois Act on the Aging. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed) 2023-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB2911 Detail]
Download: Illinois-2023-HB2911-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.04 as follows:
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6 | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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7 | Sec. 4.04. Long Term Care Ombudsman Program. The purpose | ||||||
8 | of the Long Term Care Ombudsman Program is to ensure that older | ||||||
9 | persons and persons with disabilities receive quality | ||||||
10 | services. This is accomplished by providing advocacy services | ||||||
11 | for residents of long term care facilities and participants | ||||||
12 | receiving home care and community-based care. Managed care is | ||||||
13 | increasingly becoming the vehicle for delivering health and | ||||||
14 | long-term services and supports to seniors and persons with | ||||||
15 | disabilities, including dual eligible participants. The | ||||||
16 | additional ombudsman authority will allow advocacy services to | ||||||
17 | be provided to Illinois participants for the first time and | ||||||
18 | will produce a cost savings for the State of Illinois by | ||||||
19 | supporting the rebalancing efforts of the Patient Protection | ||||||
20 | and Affordable Care Act.
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21 | (a) Long Term Care Ombudsman Program. The Department shall
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22 | establish a Long Term Care Ombudsman Program, through the | ||||||
23 | Office of State
Long Term Care Ombudsman ("the Office"), in |
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1 | accordance with the provisions of
the Older Americans Act of | ||||||
2 | 1965, as now or hereafter amended. The Long Term Care | ||||||
3 | Ombudsman Program is authorized, subject to sufficient | ||||||
4 | appropriations, to advocate on behalf of older persons and | ||||||
5 | persons with disabilities residing in their own homes or | ||||||
6 | community-based settings, relating to matters which may | ||||||
7 | adversely affect the health, safety, welfare, or rights of | ||||||
8 | such individuals.
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9 | (b) Definitions. As used in this Section, unless the | ||||||
10 | context requires
otherwise:
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11 | (1) "Access" means the right to:
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12 | (i) Enter any long term care facility or assisted | ||||||
13 | living or shared
housing establishment or supportive | ||||||
14 | living facility;
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15 | (ii) Communicate privately and without restriction | ||||||
16 | with any resident, regardless of age,
who consents to | ||||||
17 | the communication;
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18 | (iii) Seek consent to communicate privately and | ||||||
19 | without restriction
with any participant or resident, | ||||||
20 | regardless of age;
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21 | (iv) Inspect and copy the clinical and other | ||||||
22 | records of a participant or resident, regardless of | ||||||
23 | age, with the
express written consent of the | ||||||
24 | participant or resident;
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25 | (v) Observe all areas of the long term care | ||||||
26 | facility or supportive
living facilities, assisted |
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1 | living or shared housing establishment except the
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2 | living area of any resident who protests the | ||||||
3 | observation; and
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4 | (vi) Subject to permission of the participant or | ||||||
5 | resident requesting services or his or her | ||||||
6 | representative, enter a home or community-based | ||||||
7 | setting. | ||||||
8 | (2) "Long Term Care Facility" means (i) any facility | ||||||
9 | as defined by Section
1-113 of the Nursing Home Care Act, | ||||||
10 | as now or hereafter amended; (ii) any
skilled nursing | ||||||
11 | facility or a nursing facility which meets the
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12 | requirements of Section 1819(a), (b), (c), and (d) or | ||||||
13 | Section 1919(a), (b),
(c), and (d) of the Social Security | ||||||
14 | Act, as now or hereafter amended (42
U.S.C. 1395i-3(a), | ||||||
15 | (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
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16 | (d)); (iii) any facility as defined by Section 1-113 of | ||||||
17 | the ID/DD Community Care Act, as now or hereafter amended; | ||||||
18 | (iv) any facility as defined by Section 1-113 of MC/DD | ||||||
19 | Act, as now or hereafter amended; and (v) any facility | ||||||
20 | licensed under Section 4-105 or 4-201 of the Specialized | ||||||
21 | Mental Health Rehabilitation Act of 2013, as now or | ||||||
22 | hereafter amended.
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23 | (2.5) "Assisted living establishment" and "shared | ||||||
24 | housing establishment"
have the meanings given those terms | ||||||
25 | in Section 10 of the Assisted Living and
Shared Housing | ||||||
26 | Act.
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1 | (2.7) "Supportive living facility" means a facility | ||||||
2 | established under
Section 5-5.01a of the Illinois Public | ||||||
3 | Aid Code.
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4 | (2.8) "Community-based setting" means any place of | ||||||
5 | abode other than an individual's private home. | ||||||
6 | (3) "State Long Term Care Ombudsman" means any person | ||||||
7 | employed by the
Department to fulfill
the requirements of | ||||||
8 | the Office of State Long Term Care Ombudsman as
required | ||||||
9 | under the Older Americans Act of 1965, as now or hereafter | ||||||
10 | amended,
and Departmental policy.
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11 | (3.1) "Ombudsman" means any designated representative | ||||||
12 | of the State Long Term Care Ombudsman Program; provided | ||||||
13 | that the representative, whether he is
paid for or | ||||||
14 | volunteers his ombudsman services, shall be qualified and
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15 | designated by the Office to perform the duties of an | ||||||
16 | ombudsman as specified by
the Department in rules and in | ||||||
17 | accordance with the provisions of
the Older Americans Act | ||||||
18 | of 1965, as now or hereafter amended.
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19 | (4) "Participant" means an older person aged 60 or | ||||||
20 | over or an adult with a disability aged 18 through 59 who | ||||||
21 | is eligible for services under any of the following: | ||||||
22 | (i) A medical assistance waiver administered by | ||||||
23 | the State. | ||||||
24 | (ii) A managed care organization providing care | ||||||
25 | coordination and other services to seniors and persons | ||||||
26 | with disabilities. |
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1 | (5) "Resident" means an older person aged 60 or over | ||||||
2 | or an adult with a disability aged 18 through 59 who | ||||||
3 | resides in a long-term care facility. | ||||||
4 | (c) Ombudsman; rules. The Office of State Long Term Care | ||||||
5 | Ombudsman shall
be composed of at least one full-time | ||||||
6 | ombudsman and shall include a system of
designated regional | ||||||
7 | long term care ombudsman programs. Each regional program
shall | ||||||
8 | be designated by the State Long Term Care Ombudsman as a | ||||||
9 | subdivision of
the Office and any representative of a regional | ||||||
10 | program shall be treated as a
representative of the Office.
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11 | The Department, in consultation with the Office, shall | ||||||
12 | promulgate
administrative rules in accordance with the | ||||||
13 | provisions of the Older Americans
Act of 1965, as now or | ||||||
14 | hereafter amended, to establish the responsibilities of
the | ||||||
15 | Department and the Office of State Long Term Care Ombudsman | ||||||
16 | and the
designated regional Ombudsman programs. The | ||||||
17 | administrative rules shall include
the responsibility of the | ||||||
18 | Office and designated regional programs to
investigate and | ||||||
19 | resolve complaints made by or on behalf of residents of long
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20 | term care facilities, supportive living facilities, and | ||||||
21 | assisted living and
shared housing establishments, and | ||||||
22 | participants residing in their own homes or community-based | ||||||
23 | settings, including the option to serve residents and | ||||||
24 | participants under the age of 60, relating to actions, | ||||||
25 | inaction, or
decisions of providers, or their representatives, | ||||||
26 | of such
facilities and establishments, of public agencies, or |
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1 | of social services agencies,
which may adversely affect the | ||||||
2 | health, safety, welfare, or rights of such
residents and | ||||||
3 | participants. The Office and designated regional programs may | ||||||
4 | represent all residents and participants, but are not required | ||||||
5 | by this Act to represent persons under 60 years of age, except | ||||||
6 | to the extent required by federal law.
When necessary and | ||||||
7 | appropriate, representatives of the Office shall refer
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8 | complaints to the appropriate regulatory State agency.
The | ||||||
9 | Department, in consultation with the Office, shall cooperate | ||||||
10 | with the
Department of Human Services and other State agencies | ||||||
11 | in providing information and training to
designated regional | ||||||
12 | long term care ombudsman programs about the appropriate
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13 | assessment and treatment (including information about | ||||||
14 | appropriate supportive
services, treatment options, and | ||||||
15 | assessment of rehabilitation potential) of the participants | ||||||
16 | they serve. | ||||||
17 | The State Long Term Care Ombudsman and all other | ||||||
18 | ombudsmen, as defined in paragraph (3.1) of subsection (b) | ||||||
19 | must submit to background checks under the Health Care Worker | ||||||
20 | Background Check Act and receive training, as prescribed by | ||||||
21 | the Illinois Department on Aging, before visiting facilities, | ||||||
22 | private homes, or community-based settings. The training must | ||||||
23 | include information specific to assisted living | ||||||
24 | establishments, supportive living facilities, shared housing | ||||||
25 | establishments, private homes, and community-based settings | ||||||
26 | and to the rights of residents and participants guaranteed |
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1 | under the corresponding Acts and administrative rules.
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2 | (c-5) Consumer Choice Information Reports. The Office | ||||||
3 | shall: | ||||||
4 | (1) In collaboration with the Attorney General, create | ||||||
5 | a Consumer Choice Information Report form to be completed | ||||||
6 | by all licensed long term care facilities to aid | ||||||
7 | Illinoisans and their families in making informed choices | ||||||
8 | about long term care. The Office shall create a Consumer | ||||||
9 | Choice Information Report for each type of licensed long | ||||||
10 | term care facility. The Office shall collaborate with the | ||||||
11 | Attorney General and the Department of Human Services to | ||||||
12 | create a Consumer Choice Information Report form for | ||||||
13 | facilities licensed under the ID/DD Community Care Act or | ||||||
14 | the MC/DD Act. | ||||||
15 | (2) Develop a database of Consumer Choice Information | ||||||
16 | Reports completed by licensed long term care facilities | ||||||
17 | that includes information in the following consumer | ||||||
18 | categories: | ||||||
19 | (A) Medical Care, Services, and Treatment. | ||||||
20 | (B) Special Services and Amenities. | ||||||
21 | (C) Staffing. | ||||||
22 | (D) Facility Statistics and Resident Demographics. | ||||||
23 | (E) Ownership and Administration. | ||||||
24 | (F) Safety and Security. | ||||||
25 | (G) Meals and Nutrition. | ||||||
26 | (H) Rooms, Furnishings, and Equipment. |
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1 | (I) Family, Volunteer, and Visitation Provisions. | ||||||
2 | (3) Make this information accessible to the public, | ||||||
3 | including on the Internet by means of a hyperlink on the | ||||||
4 | Office's World Wide Web home page. Information about | ||||||
5 | facilities licensed under the ID/DD Community Care Act or | ||||||
6 | the MC/DD Act shall be made accessible to the public by the | ||||||
7 | Department of Human Services, including on the Internet by | ||||||
8 | means of a hyperlink on the Department of Human Services' | ||||||
9 | "For Customers" website. | ||||||
10 | (4) Have the authority, with the Attorney General, to | ||||||
11 | verify that information provided by a facility is | ||||||
12 | accurate. | ||||||
13 | (5) Request a new report from any licensed facility | ||||||
14 | whenever it deems necessary.
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15 | (6) Include in the Office's Consumer Choice
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16 | Information Report for each type of licensed long term | ||||||
17 | care
facility additional information on each licensed long | ||||||
18 | term
care facility in the State of Illinois, including
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19 | information regarding each facility's compliance with the
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20 | relevant State and federal statutes, rules, and standards;
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21 | customer satisfaction surveys; and information generated
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22 | from quality measures developed by the Centers for | ||||||
23 | Medicare
and Medicaid Services. | ||||||
24 | (d) Access and visitation rights.
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25 | (1) In accordance with subparagraphs (A) and (E) of | ||||||
26 | paragraph (3) of
subsection (c) of Section 1819
and |
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1 | subparagraphs (A) and (E) of paragraph (3) of subsection | ||||||
2 | (c) of Section
1919 of the Social Security Act, as now or | ||||||
3 | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||||||
4 | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||||||
5 | Older Americans Act of 1965, as now or hereafter
amended | ||||||
6 | (42 U.S.C. 3058f), a long term care facility, supportive | ||||||
7 | living
facility, assisted living
establishment, and shared | ||||||
8 | housing establishment must:
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9 | (i) permit immediate access to any resident, | ||||||
10 | regardless of age, by a designated
ombudsman;
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11 | (ii) permit representatives of the Office, with | ||||||
12 | the permission of the resident, the
resident's legal | ||||||
13 | representative , or the resident's legal guardian, to | ||||||
14 | examine and copy a resident's
clinical and other | ||||||
15 | records, regardless of the age of the resident, and if | ||||||
16 | a resident is unable to consent to such
review, and has | ||||||
17 | no legal guardian, permit representatives of the | ||||||
18 | Office
appropriate access, as defined by the | ||||||
19 | Department, in consultation with the
Office, in | ||||||
20 | administrative rules, to the resident's records; and
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21 | (iii) permit a representative of the Program to | ||||||
22 | communicate privately and without restriction with any | ||||||
23 | participant who consents to the communication | ||||||
24 | regardless of the consent of, or withholding of | ||||||
25 | consent by, a legal guardian or an agent named in a | ||||||
26 | power of attorney executed by the participant. |
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1 | (2) Each long term care facility, supportive living | ||||||
2 | facility, assisted
living establishment, and
shared | ||||||
3 | housing establishment shall display, in multiple, | ||||||
4 | conspicuous
public places within the facility accessible | ||||||
5 | to both visitors and residents and
in an easily readable | ||||||
6 | format, the address and phone number of the Office of the
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7 | Long Term Care Ombudsman, in a manner prescribed by the | ||||||
8 | Office.
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9 | (e) Immunity. An ombudsman or any representative of the | ||||||
10 | Office participating
in the good faith performance of his or | ||||||
11 | her official duties
shall have immunity from any liability | ||||||
12 | (civil, criminal or otherwise) in
any proceedings (civil, | ||||||
13 | criminal or otherwise) brought as a consequence of
the | ||||||
14 | performance of his official duties.
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15 | (f) Business offenses.
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16 | (1) No person shall:
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17 | (i) Intentionally prevent, interfere with, or | ||||||
18 | attempt to impede in any
way any representative of the | ||||||
19 | Office in the performance of his
official
duties under | ||||||
20 | this Act and the Older Americans Act of 1965; or
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21 | (ii) Intentionally retaliate, discriminate | ||||||
22 | against, or effect reprisals
against any long term | ||||||
23 | care facility resident or employee for contacting or
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24 | providing information to any representative of the | ||||||
25 | Office.
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26 | (2) A violation of this Section is a business offense, |
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1 | punishable by a
fine not to exceed $501.
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2 | (3) The State Long Term Care Ombudsman shall
notify | ||||||
3 | the State's Attorney of the
county in which the long term | ||||||
4 | care facility, supportive living facility, or
assisted | ||||||
5 | living or shared housing establishment is located,
or the | ||||||
6 | Attorney General, of any violations of this Section.
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7 | (g) Confidentiality of records and identities. The | ||||||
8 | Department shall
establish procedures for the disclosure by | ||||||
9 | the State Ombudsman or the regional
ombudsmen
entities of | ||||||
10 | files maintained by the program. The procedures shall provide | ||||||
11 | that
the files and records may be disclosed only at the | ||||||
12 | discretion of the State Long
Term Care
Ombudsman or the person | ||||||
13 | designated by the State Ombudsman to disclose the files
and | ||||||
14 | records, and the procedures shall prohibit the disclosure of | ||||||
15 | the identity
of any complainant, resident, participant, | ||||||
16 | witness, or employee of a long term care provider
unless:
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17 | (1) the complainant, resident, participant, witness, | ||||||
18 | or employee of a long term care
provider or his or her | ||||||
19 | legal representative consents to the disclosure and the
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20 | consent is in writing;
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21 | (2) the complainant, resident, participant, witness, | ||||||
22 | or employee of a long term care
provider gives consent | ||||||
23 | orally; and the consent is documented contemporaneously
in | ||||||
24 | writing in
accordance with such requirements as the | ||||||
25 | Department shall establish; or
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26 | (3) the disclosure is required by court order.
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1 | (h) Legal representation. The Attorney General shall
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2 | provide legal representation to any representative of the | ||||||
3 | Office
against
whom suit or other legal action is brought in | ||||||
4 | connection with the
performance of the representative's | ||||||
5 | official duties, in accordance with the
State Employee | ||||||
6 | Indemnification Act.
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7 | (i) Treatment by prayer and spiritual means. Nothing in | ||||||
8 | this Act shall
be construed to authorize or require the | ||||||
9 | medical supervision, regulation
or control of remedial care or | ||||||
10 | treatment of any resident in a long term
care facility | ||||||
11 | operated exclusively by and for members or adherents of any
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12 | church or religious denomination the tenets and practices of | ||||||
13 | which include
reliance solely upon spiritual means through | ||||||
14 | prayer for healing.
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15 | (j) The Long Term Care Ombudsman Fund is created as a | ||||||
16 | special fund in the State treasury to receive moneys for the | ||||||
17 | express purposes of this Section. All interest earned on | ||||||
18 | moneys in the fund shall be credited to the fund. Moneys | ||||||
19 | contained in the fund shall be used to support the purposes of | ||||||
20 | this Section. | ||||||
21 | (k) Each Regional Ombudsman may, in accordance with rules | ||||||
22 | promulgated by the Office, establish a multi-disciplinary team | ||||||
23 | to act in an advisory role for the purpose of providing | ||||||
24 | professional knowledge and expertise in handling complex | ||||||
25 | abuse, neglect, and advocacy issues involving participants. | ||||||
26 | Each multi-disciplinary team may consist of one or more |
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1 | volunteer representatives from any combination of at least 7 | ||||||
2 | members from the following professions: banking or finance; | ||||||
3 | disability care; health care; pharmacology; law; law | ||||||
4 | enforcement; emergency responder; mental health care; clergy; | ||||||
5 | coroner or medical examiner; substance abuse; domestic | ||||||
6 | violence; sexual assault; or other related fields. To support | ||||||
7 | multi-disciplinary teams in this role, law enforcement | ||||||
8 | agencies and coroners or medical examiners shall supply | ||||||
9 | records as may be requested in particular cases. The Regional | ||||||
10 | Ombudsman, or his or her designee, of the area in which the | ||||||
11 | multi-disciplinary team is created shall be the facilitator of | ||||||
12 | the multi-disciplinary team. | ||||||
13 | (Source: P.A. 102-1033, eff. 1-1-23 .)
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