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| Public Act 098-0380
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| HB1191 Enrolled | LRB098 06199 KTG 36240 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by |
changing Sections 4.01 and 4.04 as follows:
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(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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Sec. 4.01. Additional powers and duties of the Department. |
In addition
to powers and duties otherwise provided by law, the |
Department shall have the
following powers and duties:
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(1) To evaluate all programs, services, and facilities for |
the aged
and for minority senior citizens within the State and |
determine the extent
to which present public or private |
programs, services and facilities meet the
needs of the aged.
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(2) To coordinate and evaluate all programs, services, and |
facilities
for the Aging and for minority senior citizens |
presently furnished by State
agencies and make appropriate |
recommendations regarding such services, programs
and |
facilities to the Governor and/or the General Assembly.
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(3) To function as the sole State agency to develop a |
comprehensive
plan to meet the needs of the State's senior |
citizens and the State's
minority senior citizens.
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(4) To receive and disburse State and federal funds made |
available
directly to the Department including those funds made |
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available under the
Older Americans Act and the Senior |
Community Service Employment Program for
providing services |
for senior citizens and minority senior citizens or for
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purposes related thereto, and shall develop and administer any |
State Plan
for the Aging required by federal law.
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(5) To solicit, accept, hold, and administer in behalf of |
the State
any grants or legacies of money, securities, or |
property to the State of
Illinois for services to senior |
citizens and minority senior citizens or
purposes related |
thereto.
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(6) To provide consultation and assistance to communities, |
area agencies
on aging, and groups developing local services |
for senior citizens and
minority senior citizens.
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(7) To promote community education regarding the problems |
of senior
citizens and minority senior citizens through |
institutes, publications,
radio, television and the local |
press.
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(8) To cooperate with agencies of the federal government in |
studies
and conferences designed to examine the needs of senior |
citizens and minority
senior citizens and to prepare programs |
and facilities to meet those needs.
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(9) To establish and maintain information and referral |
sources
throughout the State when not provided by other |
agencies.
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(10) To provide the staff support that may reasonably be |
required
by the Council.
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(11) To make and enforce rules and regulations necessary |
and proper
to the performance of its duties.
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(12) To establish and fund programs or projects or |
experimental facilities
that are specially designed as |
alternatives to institutional care.
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(13) To develop a training program to train the counselors |
presently
employed by the Department's aging network to provide |
Medicare
beneficiaries with counseling and advocacy in |
Medicare, private health
insurance, and related health care |
coverage plans. The Department shall
report to the General |
Assembly on the implementation of the training
program on or |
before December 1, 1986.
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(14) To make a grant to an institution of higher learning |
to study the
feasibility of establishing and implementing an |
affirmative action
employment plan for the recruitment, |
hiring, training and retraining of
persons 60 or more years old |
for jobs for which their employment would not
be precluded by |
law.
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(15) To present one award annually in each of the |
categories of community
service, education, the performance |
and graphic arts, and the labor force
to outstanding Illinois |
senior citizens and minority senior citizens in
recognition of |
their individual contributions to either community service,
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education, the performance and graphic arts, or the labor |
force. The awards
shall be presented to 4 senior citizens and |
minority senior citizens
selected from a list of 44 nominees |
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compiled annually by
the Department. Nominations shall be |
solicited from senior citizens'
service providers, area |
agencies on aging, senior citizens'
centers, and senior |
citizens' organizations. The Department shall establish a |
central location within
the State to be designated as the |
Senior Illinoisans Hall of Fame for the
public display of all |
the annual awards, or replicas thereof.
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(16) To establish multipurpose senior centers through area |
agencies on
aging and to fund those new and existing |
multipurpose senior centers
through area agencies on aging, the |
establishment and funding to begin in
such areas of the State |
as the Department shall designate by rule and as
specifically |
appropriated funds become available.
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(17) To develop the content and format of the |
acknowledgment regarding
non-recourse reverse mortgage loans |
under Section 6.1 of the Illinois
Banking Act; to provide |
independent consumer information on reverse
mortgages and |
alternatives; and to refer consumers to independent
counseling |
services with expertise in reverse mortgages.
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(18) To develop a pamphlet in English and Spanish which may |
be used by
physicians licensed to practice medicine in all of |
its branches pursuant
to the Medical Practice Act of 1987, |
pharmacists licensed pursuant to the
Pharmacy Practice Act, and |
Illinois residents 65 years of age or
older for the purpose of |
assisting physicians, pharmacists, and patients in
monitoring |
prescriptions provided by various physicians and to aid persons
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65 years of age or older in complying with directions for |
proper use of
pharmaceutical prescriptions. The pamphlet may |
provide space for recording
information including but not |
limited to the following:
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(a) name and telephone number of the patient;
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(b) name and telephone number of the prescribing |
physician;
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(c) date of prescription;
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(d) name of drug prescribed;
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(e) directions for patient compliance; and
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(f) name and telephone number of dispensing pharmacy.
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In developing the pamphlet, the Department shall consult |
with the
Illinois State Medical Society, the Center for |
Minority Health Services,
the Illinois Pharmacists Association |
and
senior citizens organizations. The Department shall |
distribute the
pamphlets to physicians, pharmacists and |
persons 65 years of age or older
or various senior citizen |
organizations throughout the State.
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(19) To conduct a study of the feasibility of
implementing |
the Senior Companion Program throughout the State.
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(20) The reimbursement rates paid through the community |
care program
for chore housekeeping services and home care |
aides
shall be the same.
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(21) From funds appropriated to the Department from the |
Meals on Wheels
Fund, a special fund in the State treasury that |
is hereby created, and in
accordance with State and federal |
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guidelines and the intrastate funding
formula, to make grants |
to area agencies on aging, designated by the
Department, for |
the sole purpose of delivering meals to homebound persons 60
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years of age and older.
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(22) To distribute, through its area agencies on aging, |
information
alerting seniors on safety issues regarding |
emergency weather
conditions, including extreme heat and cold, |
flooding, tornadoes, electrical
storms, and other severe storm |
weather. The information shall include all
necessary |
instructions for safety and all emergency telephone numbers of
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organizations that will provide additional information and |
assistance.
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(23) To develop guidelines for the organization and |
implementation of
Volunteer Services Credit Programs to be |
administered by Area Agencies on
Aging or community based |
senior service organizations. The Department shall
hold public |
hearings on the proposed guidelines for public comment, |
suggestion,
and determination of public interest. The |
guidelines shall be based on the
findings of other states and |
of community organizations in Illinois that are
currently |
operating volunteer services credit programs or demonstration
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volunteer services credit programs. The Department shall offer |
guidelines for
all aspects of the programs including, but not |
limited to, the following:
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(a) types of services to be offered by volunteers;
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(b) types of services to be received upon the |
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redemption of service
credits;
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(c) issues of liability for the volunteers and the |
administering
organizations;
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(d) methods of tracking service credits earned and |
service credits
redeemed;
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(e) issues of time limits for redemption of service |
credits;
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(f) methods of recruitment of volunteers;
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(g) utilization of community volunteers, community |
service groups, and
other resources for delivering |
services to be received by service credit
program clients;
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(h) accountability and assurance that services will be |
available to
individuals who have earned service credits; |
and
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(i) volunteer screening and qualifications.
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The Department shall submit a written copy of the guidelines to |
the General
Assembly by July 1, 1998.
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(24) To hold conferences, trainings, and other programs for |
which the Department shall determine by rule a reasonable fee |
to cover related administrative costs. Rules to implement the |
fee authority granted by this paragraph (24) must be adopted in |
accordance with all provisions of the Illinois Administrative |
Procedure Act and all rules and procedures of the Joint |
Committee on Administrative Rules; any purported rule not so |
adopted, for whatever reason, is unauthorized. |
(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07; |
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95-876, eff. 8-21-08; 96-918, eff. 6-9-10.)
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(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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Sec. 4.04. Long Term Care Ombudsman Program. The purpose of |
the Long Term Care Ombudsman Program is to ensure that older |
persons and persons with disabilities receive quality |
services. This is accomplished by providing advocacy services |
for residents of long term care facilities and participants |
receiving home care and community-based care. Managed care is |
increasingly becoming the vehicle for delivering health and |
long-term services and supports to seniors and persons with |
disabilities, including dual eligible participants. The |
additional ombudsman authority will allow advocacy services to |
be provided to Illinois participants for the first time and |
will produce a cost savings for the State of Illinois by |
supporting the rebalancing efforts of the Patient Protection |
and Affordable Care Act.
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(a) Long Term Care Ombudsman Program. The Department shall
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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. The Long Term Care Ombudsman |
Program is authorized, subject to sufficient appropriations, |
to advocate on behalf of older persons and persons with |
disabilities residing in their own homes or community-based |
settings, relating to matters which may adversely affect the |
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health, safety, welfare, or rights of such individuals.
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(b) Definitions. As used in this Section, unless the |
context requires
otherwise:
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(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:
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(i) Enter any long term care facility or assisted |
living or shared
housing establishment or supportive |
living facility;
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(ii) Communicate privately and without restriction |
with any resident, regardless of age,
who consents to |
the communication;
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(iii) Seek consent to communicate privately and |
without restriction
with any participant or resident, |
regardless of age;
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(iv) Inspect the clinical and other records of a |
participant or resident, regardless of age, with the
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express written consent of the participant or |
resident;
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(v) Observe all areas of the long term care |
facility or supportive
living facilities, assisted |
living or shared housing establishment except the
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living area of any resident who protests the |
observation; and .
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(vi) Subject to permission of the participant or |
resident requesting services or his or her |
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representative, enter a home or community-based |
setting.
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(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)); and any |
facility as defined by Section 1-113 of the MR/DD Community |
Care Act, as now or hereafter amended.
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(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.
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(2.7) "Supportive living facility" means a facility |
established under
Section 5-5.01a of the Illinois Public |
Aid Code.
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(2.8) "Community-based setting" means any place of |
abode other than an individual's private home.
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(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.
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(3.1) "Ombudsman" means any designated representative |
of the State Long Term Care Ombudsman Program 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.
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(4) "Participant" means an older person or persons with |
disabilities who are eligible for services under any of the |
following: |
(i) A medical assistance waiver administered by |
the State. |
(ii) A managed care organization providing care |
coordination and other services to seniors and persons |
with disabilities. |
(5) "Resident" means an older individual who resides in |
a long-term care facility. |
(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.
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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, and participants residing |
in their own homes or community-based settings, including the |
option to serve residents and participants under the age of 60, |
relating to actions, inaction, or
decisions of providers, or |
their representatives, of such long term care
facilities, of |
supported living facilities, of assisted living and shared
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housing establishments, of public agencies, or of social |
services agencies,
which may adversely affect the health, |
safety, welfare, or rights of such
residents and participants. |
The Office and designated regional programs may represent all |
residents and participants, but are not required by this Act to |
represent persons under 60 years of age, except to the extent |
required by federal law.
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
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Department of Human Services and other State agencies 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 the participants residents they |
serve, including children,
persons with mental illness (other |
than Alzheimer's disease and related
disorders), and persons |
with developmental disabilities. |
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, private |
homes, or community-based settings. The training must include |
information specific to assisted living establishments, |
supportive living facilities, and shared housing |
establishments, private homes, and community-based settings |
and to the rights of residents and participants guaranteed |
under the corresponding Acts and administrative rules.
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(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 |
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about long term care. The Office shall create a Consumer |
Choice Information Report for each type of licensed long |
term care facility. The Office shall collaborate with the |
Attorney General and the Department of Human Services to |
create a Consumer Choice Information Report form for |
facilities licensed under the MR/DD Community Care Act. |
(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. Information about facilities licensed under the |
MR/DD Community Care Act shall be made accessible to the |
public by the Department of Human Services, including on |
the Internet by means of a hyperlink labeled "Resident's |
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and Families' Right to Know" on the Department of Human |
Services' "For Customers" website. |
(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.
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(6) Include in the Office's Consumer Choice
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Information Report for each type of licensed long term care
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facility additional information on each licensed long term
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care facility in the State of Illinois, including
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information regarding each facility's compliance with the
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relevant State and federal statutes, rules, and standards;
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customer satisfaction surveys; and information generated
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from quality measures developed by the Centers for Medicare
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and Medicaid Services. |
(d) Access and visitation rights.
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(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:
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(i) permit immediate access to any resident, |
regardless of age, by a designated
ombudsman; and
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(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, regardless of the age of the resident, |
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.
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(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
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Long Term Care Ombudsman, in a manner prescribed by the |
Office.
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(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.
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(f) Business offenses.
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(1) No person shall:
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(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
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(ii) Intentionally retaliate, discriminate |
against, or effect reprisals
against any long term care |
facility resident or employee for contacting or
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providing information to any representative of the |
Office.
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(2) A violation of this Section is a business offense, |
punishable by a
fine not to exceed $501.
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(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.
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(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
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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 |
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any complainant, resident, participant, witness, or employee |
of a long term care provider
unless:
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(1) the complainant, resident, participant, witness, |
or employee of a long term care
provider or his or her |
legal representative consents to the disclosure and the
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consent is in writing;
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(2) the complainant, resident, participant, 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
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(3) the disclosure is required by court order.
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(h) Legal representation. The Attorney General shall
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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.
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(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.
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(j) The Long Term Care Ombudsman Fund is created as a |
special fund in the State treasury to receive moneys for the |
express purposes of this Section. All interest earned on moneys |
in the fund shall be credited to the fund. Moneys contained in |
the fund shall be used to support the purposes of this Section. |
(Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09; |
96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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