Bill Amendment: IL SB2137 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NURSING HOMES-SOCIAL ISOLATION

Status: 2021-08-27 - Public Act . . . . . . . . . 102-0640 [SB2137 Detail]

Download: Illinois-2021-SB2137-Senate_Amendment_001.html

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Sen. Jacqueline Y. Collins

Filed: 4/9/2021

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AMENDMENT TO SENATE BILL 2137
AMENDMENT NO. ______. Amend Senate Bill 2137 by replacing
everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by adding
Section 3-102.3 as follows:
(210 ILCS 45/3-102.3 new)
Sec. 3-102.3. Religious and recreational activities;
social isolation.
(a) In this Section:
"Religious and recreational activities" includes any
religious, social, or recreational activity that is consistent
with a resident's preferences and choosing, regardless of
whether the activity is coordinated, offered, provided, or
sponsored by facility staff or by an outside activities
provider.
"Social isolation" means a state of isolation wherein a

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resident of a long-term care facility is unable to engage in
social interactions and religious and recreational activities
with other facility residents or with family members, friends,
loved ones, caregivers and external support systems.
(b) The Department shall require each long-term care
facility in the State to adopt and implement written policies,
provide for the availability of technology to facility
residents, and ensure that appropriate staff and other
capabilities are in place to prevent the social isolation of
facility residents. The policies shall not be interpreted as a
substitute for in person visitation, but shall be wholly in
addition to existing in person visitation policies.
(c) The social isolation prevention policies adopted by
each long-term care facility pursuant to subsection (b) shall:
(1) authorize, and include specific protocols and
procedures to encourage and enable, residents of the
facility to engage in in-person contact, communication,
religious activity, and recreational activity with other
facility residents and with family members, friends, loved
ones, caregivers, and other external support systems,
except when the in-person contact, communication,
religious activity, or recreational activity is
prohibited, restricted, or limited by federal or State
statute, rule, regulation, or guidance;
(2) authorize, and include specific protocols and
procedures to encourage and enable, residents to engage in

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face-to-face, verbal-based, or auditory-based contact,
communication, religious activity, and recreational
activity with other facility residents and with family
members, friends, loved ones, caregivers, and other
external support systems, through the use of electronic or
virtual means and methods, including, but not limited to,
computer technology, the Internet, social media,
videoconferencing, videophone, and other innovative
technological means or methods, whenever the resident is
subject to restrictions that limit his or her ability to
engage in in-person contact, communication, religious
activity, or recreational activity as authorized by
paragraph (1);
(3) provide for residents of the facility to be given
access to assistive and supportive technology as may be
necessary to facilitate the residents' engagement in
face-to-face, verbal-based, or auditory-based contact,
communication, religious activity, and recreational
activity with other residents, family members, friends,
and other external support systems, through electronic
means, as provided by paragraph (2);
(4) include specific administrative policies,
procedures, and protocols governing:
(A) the acquisition, maintenance, and replacement
of computers, videoconferencing equipment,
distance-based communications technology, assistive

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and supportive technology and devices, and other
technological equipment, accessories, and electronic
licenses as may be necessary to ensure that residents
are able to engage in face-to-face, verbal-based, or
auditory-based contact, communication, religious
activity, and recreational activity with other
facility residents and with family members, friends,
loved ones, caregivers, and other external support
systems, through electronic means, in accordance with
the provisions of paragraphs (2) and (3) of this
subsection;
(B) the use of environmental barriers and other
controls when the equipment and devices acquired
pursuant to subparagraph (A) are in use, especially in
cases where the equipment or devices are likely to
become contaminated with bodily substances, are
touched frequently with gloved or ungloved hands, or
are difficult to clean; and
(C) the regular cleaning and sanitizing of the
equipment and devices acquired pursuant to
subparagraph (A) and any environmental barriers or
other physical controls used in association therewith;
(5) require appropriate staff to assess and regularly
reassess the individual needs and preferences of facility
residents with respect to the residents' participation in
social interactions and religious and recreational

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activities, including specific protocols and procedures to
ensure that the quantity of devices and equipment
maintained on-site at the facility remains sufficient, at
all times, to meet the assessed social and activity needs
and preferences of each facility resident; family members
or caregivers should be considered, as appropriate, in the
assessment and reassessment;
(6) require appropriate staff, upon the request of a
resident or the resident's family members, guardian, or
representative to develop an individualized visitation
plan for the resident, which shall:
(A) identify the assessed needs and preferences of
the resident and any preferences specified by the
resident's representative, unless a preference
specified by the resident conflicts with a preference
specified by the resident's representative, in which
case the resident's preference shall take priority;
(B) address the need for a visitation schedule and
establish a visitation schedule if deemed to be
appropriate;
(C) document the long-term care facility's defined
virtual hours of visitation and inform the resident
and the resident's representative that visitation
pursuant to paragraph (2) of subsection (c) will
adhere to the defined visitation hours;
(D) describe the location and modalities to be

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used in visitation; and
(E) describe the respective responsibilities of
staff, visitors, and the resident when engaging in
visitation pursuant to the individualized visitation
plan;
(7) notify the resident and the resident's
representative that they have the right to request of
facility staff the creation and review of a resident's
individualized visitation plan;
(8) include specific policies, protocols, and
procedures governing a resident's requisition, use, and
return of devices and equipment maintained pursuant to
subparagraph (A) of paragraph (4), and require appropriate
staff to communicate those policies, protocols, and
procedures to residents; and
(9) designate at least one member of the therapeutic
recreation or activities department, or, if the facility
does not have such a department, designate at least one
senior staff member, as determined by facility management,
to train other appropriate facility employees, including,
but not limited to, activities professionals and
volunteers, social workers, occupational therapists, and
therapy assistants, to provide direct assistance to
residents upon request and on an as-needed basis, as
necessary to ensure that each resident is able to
successfully access and use, for the purposes specified in

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paragraphs (2) and (3) of this subsection, the technology,
devices, and equipment acquired pursuant to subparagraph
(A) of paragraph (4).
(d) A long-term care facility may apply for civil monetary
penalty fund grants and may request other available federal
and State funds to obtain assistive and supportive
technologies and related accessories that would facilitate
communication between residents and other family members,
friends, and external support systems.
(e) The Department shall determine whether a long-term
care facility is in compliance with the provisions of this
Section and the policies, protocols, and procedures adopted
pursuant to this Section when conducting an annual licensure
and certification survey, when a complaint is received, or as
frequently as may be necessary to ensure compliance with the
provisions of this Section.
In addition to any other applicable penalties provided by
law, a long-term care facility that fails to comply with the
provisions of this Section or properly implement the policies,
protocols, and procedures adopted pursuant to subsection (b)
shall be liable to pay an administrative penalty as a Type "C"
violation, the amount of which shall be determined in
accordance with a schedule established by the Department by
rule. The schedule shall provide for an enhanced
administrative penalty in the case of a repeat or ongoing
violation. Implementation of an administrative penalty as a

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Type "C" violation under this subsection shall not be imposed
prior to January 1, 2023.
(f) Whenever a complaint received by the Office of State
Long Term Care Ombudsman discloses evidence that a long-term
care facility has failed to comply with the provisions of this
Section or to properly implement the policies, protocols, and
procedures adopted pursuant to subsection (b), the Office of
State Long Term Care Ombudsman shall refer the matter to the
Department.
(g) This Section does not impact, limit, or constrict a
resident's right to or usage of his or her personal property or
electronic monitoring under Section 2-115.
(h) Within 60 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Department
shall adopt any rules necessary to implement the provisions of
this Section. The rules shall include, but need not be limited
to, minimum standards for the social isolation prevention
policies to be adopted pursuant to subsection (b), a penalty
schedule to be used pursuant to subsection (e), and policies
regarding a long-term care facility's Internet access and
subsequent Internet barriers in relation to a resident's
visitation plan pursuant to paragraph (2) of subsection (c).
The Department's rules shall take into account Internet
bandwidth limitations outside of the control of a long-term
care facility.

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Section 10. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.8 as follows:
(5 ILCS 100/5-45.8 new)
Sec. 5-45.8. Emergency rulemaking; Nursing Home Care Act.
To provide for the expeditious and timely implementation of
this amendatory Act of the 102nd General Assembly, emergency
rules implementing Section 3-102.3 of the Nursing Home Care
Act may be adopted in accordance with Section 5-45 by the
Department of Public Health. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2027.
Section 99. Effective date. This Act takes effect upon
becoming law.".