Bill Amendment: IL SB2301 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ALZHEIMER'S DISEASE SERVICES

Status: 2016-08-15 - Public Act . . . . . . . . . 99-0822 [SB2301 Detail]

Download: Illinois-2015-SB2301-Senate_Amendment_001.html

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Sen. David Koehler

Filed: 3/30/2016

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AMENDMENT TO SENATE BILL 2301
AMENDMENT NO. ______. Amend Senate Bill 2301 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Alzheimer's Disease and Related Dementias Services Act.
Section 5. Purpose. The General Assembly finds that
oversight of Alzheimer's disease and related dementias
services is in the best interests of individuals diagnosed with
Alzheimer's disease or a dementia-related disease and their
families and friends struggling to find appropriate services
and care. As such, it is the intent of the General Assembly
that all Alzheimer's disease and related dementias services
shall comply with rules adopted by the Department in compliance
with this Act.
Section 10. Definitions. In this Act:

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"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Alzheimer's disease and related dementias services" means
services offered to individuals diagnosed with Alzheimer's
disease or a dementia-related disease for the purpose of
managing the individual's disease.
Section 15. Applicability. Programs covered by this Act
include, but are not limited to, health care facilities and
hospitals licensed or certified by the Assisted Living and
Shared Housing Act; Community Living Facilities Licensing Act;
Life Care Facilities Act; Nursing Home Care Act; MC/DD Act;
ID/DD Community Care Act; Specialized Mental Health
Rehabilitation Act of 2013; Home Health, Home Services, and
Home Nursing Agency Licensing Act; Hospice Program Licensing
Act; End Stage Renal Disease Facility Act; Hospital Licensing
Act; Community-Integrated Living Arrangements Licensure and
Certification Act; Community Residential Alternatives
Licensing Act; and the University of Illinois Hospital Act.
Regardless of State licensure or certification, programs
covered by this Act also include any individual or entity in
the State that holds himself, herself, or itself out as a
provider of Alzheimer's disease and related dementias
services.
Section 20. Alzheimer's disease and related dementias

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services guidelines.
(a) The Department shall no later than January 1, 2017
publish proposed rules to implement this Act.
(b) The Department shall be granted authority to initiate
discussions with all affected provider groups, advocate
organizations, and other individuals and groups identified by
the Director to be critical to the development of applicable
rules upon this Act becoming law.
Section 25. Covered services, disclosures, prohibition,
preemption. Upon the adoption of rules implementing this Act:
(1) Any and all Alzheimer's disease or related
dementias services shall comply with the Alzheimer's
disease and related dementias services guidelines, except
as provided in subsection (d).
(2) Materials defining the philosophy of the services,
specific services offered, and behavior management tactics
and drug therapies employed shall be provided upon
admission or enrollment, or earlier upon request,
including a disclaimer that the services are not certified
under the Alzheimer's Disease and Related Dementias
Special Care Disclosure Act.
(3) Advertising or verbally offering to provide
Alzheimer's disease and related dementias services that
are not in compliance with the requirements set forth in
this Act is prohibited.

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(4) If a conflict occurs between this Act and the
Assisted Living and Shared Housing Act, the Nursing Home
Care Act, or the Alzheimer's Disease and Related Dementias
Special Care Disclosure Act, then the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, or the
Alzheimer's Disease and Related Dementias Special Care
Disclosure Act shall prevail.
Section 30. Staff training.
(a) Staff with direct access to clients with Alzheimer's
disease or a related dementia hired prior to the adoption of
rules implementing this Act shall receive a minimum of 6 hours
of initial training within 90 days after the effective date of
this Act using Alzheimer's disease and related dementias
services certified by the Department, except as provided in
subsection (c).
(b) Staff with direct access to clients with Alzheimer's
disease or a related dementia hired after the adoption of rules
implementing this Act shall complete a minimum of 6 hours of
initial training in the first 60 days of employment using an
Alzheimer's disease and related dementias services curriculum
certified by the Department, except as provided in subsection
(c).
(c) Subsections (a) and (b) shall not apply to the
following:
(1) staff who received at least 6 hours of comparable

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training in compliance with licensure or certified
training requirements; and
(2) staff temporarily hired by a facility licensed
under the Nursing Home Care Act to permit the facility to
meet statutory staffing requirements.
(d) An Alzheimer's disease and related dementias services
curriculum certified by the Department must include at a
minimum the following topics: understanding dementia,
effectively communicating with individuals with dementia,
assisting individuals with dementia in performing activities
of daily living, problem solving with individuals with dementia
who exhibit challenging behavior, fundamentals of dementia
care, safe environments, and managing the activities of
individuals with dementia.
(e) An individual who received training consistent with the
requirements of this Section while employed by another program
or through an educational institution or an individual with 3
or more years of experience working with Alzheimer's disease
and related dementias services may petition the Department for
a waiver of the initial training requirements set forth in this
Section. The Department shall evaluate each request on a case
by case basis.
(f) Upon the adoption of rules implementing this Act, staff
with direct access to clients with dementia shall receive 3
hours of advanced training on caring for individuals with
Alzheimer's disease and related dementias each year.

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(g) Upon the adoption of rules implementing this Act,
Alzheimer's disease and related dementias services program
employers shall maintain training records and make them
available to the Department on request.
Section 35. Program director. Upon the adoption of rules
implementing this Act, in addition to the training required
under Section 30 of this Act, the director of an Alzheimer's
disease and related dementias services program shall complete a
nationally recognized certification program from a list
compiled by the Department or have 5 years of experience as a
director of an Alzheimer's disease and related dementias
services program.
Section 40. Penalties.
(a) Any entity licensed, certified, or regulated by the
State that knowingly holds itself out as a provider of
Alzheimer's disease and related dementias services and fails to
comply with this Act is deemed to have violated the statute or
statutes governing the licensure, certification, or regulation
of the entity and any contract or agreement the entity has with
the State.
(b) Any entity not operated by the federal government or
any agency thereof or individual not covered by subsection (a)
that knowingly holds himself, herself, or itself out as a
provider of Alzheimer's disease and related dementias services

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and fails to comply with this Act is guilty of a business
offense punishable by a fine of at least $1,001.
Section 45. Evaluation. Twenty-four months after the
adoption of compliance rules implementing this Act, the
Department shall convene a work group made up of advocates for
program participants, experts in Alzheimer's disease and
related dementias services programming, and providers of
programs covered by this Act to evaluate the effectiveness of
this Act. The work group shall notify the Director and General
Assembly of whether it recommends the reauthorization of the
Act and any recommended changes.
Section 90. Repealer.
(a) This Act is repealed as provided in subsection (b) of
this Section unless the General Assembly authorizes an
extension of the Act for an additional period of 36 months.
(b) Upon the adoption of rules implementing this Act, the
Department shall file with the Index Department of the Office
of the Secretary of State a declaration to that effect, and
shall notify the Clerk of the House of Representatives, the
Secretary of the Senate, and the Legislative Reference Bureau
of the filing of the declaration. This Act is repealed 36
months after the date specified in the declaration.
Section 99. Effective date. This Act takes effect upon

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becoming law.".