Bill Text: IL HB5072 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Act on the Aging. Requires the Office of State Long Term Care Ombudsman, in collaboration with the Attorney General, to create a Consumer Choice Information Report form for assisted living establishments and shared housing establishments under the Assisted Living and Shared Housing Act and supportive living facilities established under the Illinois Public Aid Code. Requires the Office to create a Consumer Choice Information Report and report database for these entities. Provides that the Office and Attorney General have the authority to verify the information provided by these entities. Provides that the Office may request a new report from these entities whenever it deems necessary. Amends the Assisted Living and Shared Housing Act, Specialized Mental Health Rehabilitation Act of 2013, and Illinois Public Aid Code. Requires an assisted living establishment, shared housing establishment, specialized mental health rehabilitation facility, or supportive living facility to complete and file a Consumer Choice Information Report on an annual basis and as requested by the Office. Requires the Department of Public Health to verify submission of a report by an assisted living establishment, shared housing establishment, or specialized mental health rehabilitation facility during an inspection. Requires the Department of Healthcare and Family Services to verify submission of a report by a supportive living facility during an inspection. Provides that a violation of the Consumer Choice Information Report provisions is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make corresponding changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5072 Detail]

Download: Illinois-2017-HB5072-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5072 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Act on the Aging. Requires the Office of State Long Term Care Ombudsman, in collaboration with the Attorney General, to create a Consumer Choice Information Report form for assisted living establishments and shared housing establishments under the Assisted Living and Shared Housing Act and supportive living facilities established under the Illinois Public Aid Code. Requires the Office to create a Consumer Choice Information Report and report database for these entities. Provides that the Office and Attorney General have the authority to verify the information provided by these entities. Provides that the Office may request a new report from these entities whenever it deems necessary. Amends the Assisted Living and Shared Housing Act, Specialized Mental Health Rehabilitation Act of 2013, and Illinois Public Aid Code. Requires an assisted living establishment, shared housing establishment, specialized mental health rehabilitation facility, or supportive living facility to complete and file a Consumer Choice Information Report on an annual basis and as requested by the Office. Requires the Department of Public Health to verify submission of a report by an assisted living establishment, shared housing establishment, or specialized mental health rehabilitation facility during an inspection. Requires the Department of Healthcare and Family Services to verify submission of a report by a supportive living facility during an inspection. Provides that a violation of the Consumer Choice Information Report provisions is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make corresponding changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
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 Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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.
(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

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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
health, safety, welfare, or rights of such individuals.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" 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, regardless of age, who consents to
the communication;
(iii) Seek consent to communicate privately and
without restriction with any participant or resident,
regardless of age;
(iv) Inspect the clinical and other records of a
participant or resident, regardless of age, with the
express written consent of the participant or
resident;
(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
(vi) Subject to permission of the participant or
resident requesting services or his or her
representative, enter a home or community-based
setting.
(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; (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)); (iii) any
facility as defined by Section 1-113 of the ID/DD Community
Care Act, as now or hereafter amended; (iv) any facility as
defined by Section 1-113 of MC/DD Act, as now or hereafter
amended; and (v) any facility licensed under Section 4-105
or 4-201 of the Specialized Mental Health Rehabilitation
Act of 2013, as now or hereafter amended.
(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

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Aid Code.
(2.8) "Community-based setting" means any place of
abode other than an individual's private home.
(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 the State 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.
(4) "Participant" means an older person aged 60 or over
or an adult with a disability aged 18 through 59 who is
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 person aged 60 or over or
an adult with a disability aged 18 through 59 who resides

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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.
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 facilities and 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

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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 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
they serve.
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, 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.
(c-5) Consumer Choice Information Reports. The Office
shall:

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(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities, assisted living
establishments, shared housing establishments, and
supportive living 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 assisted living establishments, shared housing
establishments, supportive living facilities, and 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 ID/DD
Community Care Act or the MC/DD Act.
(2) Develop a database of Consumer Choice Information
Reports completed by each entity subject to paragraph (1)
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.

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(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
ID/DD Community Care Act or the MC/DD 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 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 an entity subject to
paragraph (1) a facility is accurate.
(5) Request a new report from an entity subject to
paragraph (1) any licensed facility whenever it deems
necessary.
(6) Include in the Office's Consumer Choice
Information Report for each entity subject to paragraph (1)
type of licensed long term care facility additional
information on each entity subject to paragraph (1)
licensed long term care facility in the State of Illinois,
including information regarding each entity's facility's
compliance with the relevant State and federal statutes,
rules, and standards; customer satisfaction surveys; and
information generated from quality measures developed by
the Centers for Medicare and Medicaid Services.

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(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,
regardless of age, by a designated ombudsman;
(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; and
(iii) permit a representative of the Program to
communicate privately and without restriction with any
participant who consents to the communication
regardless of the consent of, or withholding of consent

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by, a legal guardian or an agent named in a power of
attorney executed by the participant.
(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

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Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The State Long Term Care Ombudsman 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, participant, witness, or employee
of a long term care provider unless:
(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
consent is in writing;
(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

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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.
(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.
(k) Each Regional Ombudsman may, in accordance with rules
promulgated by the Office, establish a multi-disciplinary team
to act in an advisory role for the purpose of providing
professional knowledge and expertise in handling complex
abuse, neglect, and advocacy issues involving participants.

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Each multi-disciplinary team may consist of one or more
volunteer representatives from any combination of at least 7
members from the following professions: banking or finance;
disability care; health care; pharmacology; law; law
enforcement; emergency responder; mental health care; clergy;
coroner or medical examiner; substance abuse; domestic
violence; sexual assault; or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply records
as may be requested in particular cases. The Regional
Ombudsman, or his or her designee, of the area in which the
multi-disciplinary team is created shall be the facilitator of
the multi-disciplinary team.
(Source: P.A. 98-380, eff. 8-16-13; 98-989, eff. 1-1-15;
99-180, eff. 7-29-15; 99-712, eff. 8-5-16.)
Section 10. The Assisted Living and Shared Housing Act is
amended by changing Section 105 and by adding Section 107 as
follows:
(210 ILCS 9/105)
Sec. 105. Record retention. Service delivery contracts and
related documents executed by each resident or resident's
representative shall be maintained by an establishment subject
to this Act from the date of execution until 3 years after the
contract is terminated. The establishment shall also maintain

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and retain records to support compliance with each individual
contract and with applicable federal and State rules,
including, but not limited to, a copy of the current Consumer
Choice Information Report required by Section 107. The records
and supporting documents, as defined by rule, shall be made
available for on-site inspection by the Department upon request
at any time.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/107 new)
Sec. 107. Consumer Choice Information Reports.
(a) Every assisted living establishment and shared housing
establishment 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
Consumer Choice Information 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
assisted living establishment or shared housing establishment
in full.
(b) A violation 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.

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(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 under
this Act.
Section 15. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 4-108 and by adding
Section 4-108.3 as follows:
(210 ILCS 49/4-108)
Sec. 4-108. Surveys and inspections. The Department shall
conduct surveys of licensed facilities and their certified
programs and services. The Department shall review the records
or premises, or both, as it deems appropriate for the purpose
of determining compliance with this Act and the rules
promulgated under this Act. The Department shall have access to
and may reproduce or photocopy any books, records, and other
documents maintained by the facility to the extent necessary to
carry out this Act and the rules promulgated under this Act.
The Department shall not divulge or disclose the contents of a
record under this Section as otherwise prohibited by this Act.
Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer,
employee, or agent of the Department to enter and inspect the
facility in accordance with this Article. Refusal to permit
such entry or inspection shall constitute grounds for denial,

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suspension, or revocation of a license under this Act.
(1) The Department shall conduct surveys to determine
compliance and may conduct surveys to investigate
complaints.
(2) Determination of compliance with the service
requirements shall be based on a survey centered on
individuals that sample services being provided.
(3) Determination of compliance with the general
administrative requirements shall be based on a review of
facility records and observation of individuals and staff.
(4) The Department shall conduct surveys of licensed
facilities and their certified programs and services to
determine the extent to which these facilities provide high
quality interventions, especially evidence-based
practices, appropriate to the assessed clinical needs of
individuals in the various levels of care.
(5) Submission of a facility's current Consumer Choice
Information Report required by Section 4-108.3 shall be
verified at the time of an inspection. A facility shall
retain a copy of its Current Consumer Choice Information
Report required by Section 4-108.3 for public inspection.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
(210 ILCS 49/4-108.3 new)
Sec. 4-108.3. Consumer Choice Information Reports.
(a) Every facility shall complete a Consumer Choice

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Information Report and shall file it with the Office of State
Long Term Care Ombudsman electronically as prescribed by the
Office. The Consumer Choice Information 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 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 under
Section 4-108.
Section 20. The Illinois Public Aid Code is amended by
changing Section 5-5.01a as follows:
(305 ILCS 5/5-5.01a)
Sec. 5-5.01a. Supportive living facilities program.
(a) The Department shall establish and provide oversight
for a program of supportive living facilities that seek to
promote resident independence, dignity, respect, and
well-being in the most cost-effective manner.

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A supportive living facility is either a free-standing
facility or a distinct physical and operational entity within a
nursing facility. A supportive living facility integrates
housing with health, personal care, and supportive services and
is a designated setting that offers residents their own
separate, private, and distinct living units.
Sites for the operation of the program shall be selected by
the Department based upon criteria that may include the need
for services in a geographic area, the availability of funding,
and the site's ability to meet the standards.
Beginning July 1, 2014, subject to federal approval, the
Medicaid rates for supportive living facilities shall be equal
to the supportive living facility Medicaid rate effective on
June 30, 2014 increased by 8.85%. Once the assessment imposed
at Article V-G of this Code is determined to be a permissible
tax under Title XIX of the Social Security Act, the Department
shall increase the Medicaid rates for supportive living
facilities effective on July 1, 2014 by 9.09%. The Department
shall apply this increase retroactively to coincide with the
imposition of the assessment in Article V-G of this Code in
accordance with the approval for federal financial
participation by the Centers for Medicare and Medicaid
Services.
The Medicaid rates for supportive living facilities
effective on July 1, 2017 must be equal to the rates in effect
for supportive living facilities on June 30, 2017 increased by

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2.8%.
The Department may adopt rules to implement this Section.
Rules that establish or modify the services, standards, and
conditions for participation in the program shall be adopted by
the Department in consultation with the Department on Aging,
the Department of Rehabilitation Services, and the Department
of Mental Health and Developmental Disabilities (or their
successor agencies).
Facilities or distinct parts of facilities which are
selected as supportive living facilities and are in good
standing with the Department's rules are exempt from the
provisions of the Nursing Home Care Act and the Illinois Health
Facilities Planning Act.
(b) Every supportive living 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 Consumer Choice Information
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. A
supportive living facility shall retain a copy of the current
Consumer Choice Information Report required under this
subsection for public inspection.
A violation of this subsection constitutes an unlawful
practice under the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted

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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 subsection.
The Department of Healthcare and Family Services shall
include verification of the submission of a supportive living
facility's current Consumer Choice Information Report when
conducting an inspection of the facility.
(Source: P.A. 100-23, eff. 7-6-17.)
Section 25. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2BBB as follows:
(815 ILCS 505/2BBB)
Sec. 2BBB. Long term care facility, ID/DD facility, MC/DD
facility, or specialized mental health rehabilitation
facility, assisted living establishment, shared housing
establishment, or supportive living facility; Consumer Choice
Information Report. A long term care facility that fails to
comply with Section 2-214 of the Nursing Home Care Act, a
facility that fails to comply with Section 2-214 of the ID/DD
Community Care Act, or a facility that fails to comply with
Section 2-214 of the MC/DD Act, a specialized mental health
rehabilitation facility that fails to comply with Section
4-108.3 of the Specialized Mental Health Rehabilitation Act of
2013, an assisted living establishment or shared housing
establishment that fails to comply with Section 107 of the

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Assisted Living and Shared Housing Act, or a supportive living
facility established under Section 5-5.01a of the Illinois
Public Aid Code that fails to comply with subsection (b) of
Section 5-5.01a of the Illinois Public Aid Code commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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INDEX
Statutes amended in order of appearance