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| Public Act 099-0784
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| HB5603 Enrolled | LRB099 20187 MJP 44642 b |
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AN ACT concerning regulation.
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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 Authorized Electronic Monitoring in |
Long-Term Care Facilities Act is amended by changing Sections |
5, 15, 25, 27, and 65 as follows:
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(210 ILCS 32/5)
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Sec. 5. Definitions. As used in this Act:
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"Authorized electronic monitoring" means the placement and |
use of an electronic monitoring device by a resident in his or |
her room in accordance with this Act. |
"Department" means the Department of Public Health.
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"Electronic monitoring device" means a surveillance |
instrument with a fixed position video camera or an audio |
recording device, or a combination thereof, that is installed |
in a resident's room under the provisions of this Act and |
broadcasts or records activity or sounds occurring in the room. |
"Facility" means an intermediate care facility for the |
developmentally disabled licensed under the ID/DD Community |
Care Act that has 30 beds or more, a facility licensed under |
the MC/DD Act a long-term care for under age 22 facility |
licensed under the ID/DD Community Care Act, or a long-term |
care facility licensed under the Nursing Home Care Act. |
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"Resident" means a person residing in a facility. |
"Resident's representative" has the meaning given to that |
term in (1) Section 1-123 of the Nursing Home Care Act if the |
resident resides in a facility licensed under the Nursing Home |
Care Act, or (2) Section 1-123 of the ID/DD Community Care Act |
if the resident resides in a facility licensed under the ID/DD |
Community Care Act, or (3) Section 1-123 of the MC/DD Act if |
the resident resides in a facility licensed under the MC/DD |
Act.
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(Source: P.A. 99-430, eff. 1-1-16.)
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(210 ILCS 32/15)
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Sec. 15. Consent.
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(a) Except as otherwise provided in this subsection, a |
resident, a resident's plenary guardian of the person, or the |
parent of a resident under the age of 18 must consent in |
writing on a notification and consent form prescribed by the |
Department to the authorized electronic monitoring in the |
resident's room. If the resident has not affirmatively objected |
to the authorized electronic monitoring and the resident's |
physician determines that the resident lacks the ability to |
understand and appreciate the nature and consequences of |
electronic monitoring, the following individuals may consent |
on behalf of the resident, in order of priority: |
(1) a health care agent named under the Illinois Power |
of Attorney Act; |
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(2) a resident's representative, as defined in Section |
5 of this Act; |
(3) the resident's spouse; |
(4) the resident's parent; |
(5) the resident's adult child who has the written |
consent of the other adult children of the resident to act |
as the sole decision maker regarding authorized electronic |
monitoring; or |
(6) the resident's adult brother or sister who has the |
written consent of the other adult siblings of the resident |
to act as the sole decision maker regarding authorized |
electronic monitoring. |
(a-5) Prior to another person, other than a resident's |
plenary guardian of the person, consenting on behalf of a |
resident 18 years of age or older in accordance with this |
Section, the resident must be asked by that person, in the |
presence of a facility employee, if he or she wants authorized |
electronic monitoring to be conducted. The person must explain |
to the resident: |
(1) the type of electronic monitoring device to be |
used; |
(2) the standard conditions that may be placed on the |
electronic monitoring device's use, including those listed |
in paragraph (7) of subsection (b) of Section 20; |
(3) with whom the recording may be shared according to |
Section 45; and |
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(4) the resident's ability to decline all recording. |
For the purposes of this subsection, a resident |
affirmatively objects when he or she orally, visually, or |
through the use of auxiliary aids or services declines |
authorized electronic monitoring. The resident's response must |
be documented on the notification and consent form. |
(b) A resident or roommate may consent to authorized |
electronic monitoring with any conditions of the resident's |
choosing, including, but not limited to, the list of standard |
conditions provided in paragraph (7) of subsection (b) of |
Section 20. A resident or roommate may request that the |
electronic monitoring device be turned off or the visual |
recording component of the electronic monitoring device be |
blocked at any time. |
(c) Prior to the authorized electronic monitoring, a
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resident must obtain the written consent of any other resident
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residing in the room on the notification and consent form |
prescribed by the Department. Except as otherwise provided in |
this subsection, a roommate, a roommate's plenary guardian of |
the person, or the parent of a roommate under the age of 18 |
must consent in writing to the authorized electronic monitoring |
in the resident's room. If the roommate has not affirmatively |
objected to the authorized electronic monitoring in accordance |
with subsection (a-5) and the roommate's physician determines |
that the roommate lacks the ability to understand and |
appreciate the nature and consequences of electronic |
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monitoring, the following individuals may consent on behalf of |
the roommate, in order of priority: |
(1) a health care agent named under the Illinois Power |
of Attorney Act; |
(2) a roommate's resident's representative, as defined |
in Section 5 of this Act; |
(3) the roommate's spouse; |
(4) the roommate's parent; |
(5) the roommate's adult child who has the written |
consent of the other adult children of the resident to act |
as the sole decision maker regarding authorized electronic |
monitoring; or |
(6) the roommate's adult brother or sister who has the |
written consent of the other adult siblings of the resident |
to act as the sole decision maker regarding authorized |
electronic monitoring. |
(c-5) Consent by a roommate under subsection (c) authorizes |
the resident's use of any recording obtained under this Act, as |
provided in Section 45 of this Act. |
(c-7) Any resident previously conducting authorized |
electronic monitoring must obtain consent from any new roommate |
before the resident may resume authorized electronic |
monitoring.
If a new roommate does not consent to authorized |
electronic monitoring and the resident conducting the |
authorized electronic monitoring does not remove or disable the |
electronic monitoring device, the facility shall may turn off |
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the device. |
(d) Consent may be withdrawn by the resident or roommate at |
any time, and the
withdrawal of consent shall be documented in |
the resident's
clinical record. If a roommate withdraws consent |
and the resident
conducting the authorized electronic |
monitoring does not
remove or disable the electronic monitoring |
device, the
facility may turn off the electronic monitoring |
device. |
(e) If a resident who is residing in a shared room wants to |
conduct authorized electronic monitoring and another resident |
living in or moving into the same shared room refuses to |
consent to the use of an electronic monitoring device, the |
facility shall make a reasonable attempt to accommodate the |
resident who wants to conduct authorized electronic |
monitoring. A facility has met the requirement to make a |
reasonable attempt to accommodate a resident who wants to |
conduct authorized electronic monitoring when upon |
notification that a roommate has not consented to the use of an |
electronic monitoring device in his or her room, the facility |
offers to move either resident to another shared room that is |
available at the time of the request. If a resident chooses to |
reside in a private room in order to accommodate the use of an |
electronic monitoring device, the resident must pay the private |
room rate. If a facility is unable to accommodate a resident |
due to lack of space, the facility must reevaluate the request |
every 2 weeks until the request is fulfilled.
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(Source: P.A. 99-430, eff. 1-1-16.)
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(210 ILCS 32/25)
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Sec. 25. Cost and installation.
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(a) A resident choosing to conduct authorized electronic |
monitoring must do so at his or her own expense, including |
paying purchase, installation, maintenance, and removal costs. |
(b) If a resident chooses to install an electronic |
monitoring device that uses Internet technology for visual or |
audio monitoring, that resident is responsible for contracting |
with an Internet service provider. |
(c) The facility shall make a reasonable attempt to |
accommodate the resident's installation needs, including, but |
not limited to, allowing access to the facility's |
telecommunications or equipment room. A facility has the burden |
of proving that a requested accommodation is not reasonable. |
(d) The electronic monitoring device must be placed in a |
conspicuously visible location in the room. |
(e) A facility may not charge the resident a fee for the |
cost of electricity used by an electronic monitoring device. |
(f) All electronic monitoring device installations and |
supporting services shall comply with the requirements of the |
edition of the National Fire Protection Association (NFPA) 101 |
Life Safety Code in force at the time of installation and shall |
remain in compliance with that or any subsequent edition of |
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code |
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of Federal Regulations National Fire Protection Association |
(NFPA) 101 Life Safety Code (2000 edition).
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(Source: P.A. 99-430, eff. 1-1-16.)
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(210 ILCS 32/27)
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Sec. 27. Assistance program. |
(a) Subject to appropriation, the Department shall |
establish a program to assist residents receiving medical |
assistance under Article V of the Illinois Public Aid Code in |
accessing authorized electronic monitoring.
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(b) Subject to appropriation, the The Department shall |
distribute up to $50,000 in funds on an annual basis to |
residents receiving medical assistance under Article V of the |
Illinois Public Aid Code for the purchase and installation of |
authorized electronic monitoring devices.
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(c) Applications for funds and disbursement of funds must |
be made in a manner prescribed by the Department.
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(Source: P.A. 99-430, eff. 1-1-16.)
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Section 10. The MC/DD Act is amended by adding Section |
2-116 and by changing Section 3-318 as follows:
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(210 ILCS 46/2-116 new) |
Sec. 2-116. Authorized electronic monitoring of a
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resident's room. A resident shall be permitted to conduct
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authorized electronic monitoring of the resident's room
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through the use of electronic monitoring devices placed in the
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room pursuant to the Authorized Electronic Monitoring in
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Long-Term Care Facilities Act.
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(210 ILCS 46/3-318)
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Sec. 3-318. Business offenses. |
(a) No person shall: |
(1) Intentionally fail to correct or interfere with the |
correction of a Type "AA", Type "A", or Type "B" violation |
within the time specified on the notice or approved plan of |
correction under this Act as the maximum period given for |
correction, unless an extension is granted and the |
corrections are made before expiration of extension; |
(2) Intentionally prevent, interfere with, or attempt |
to impede in any way any duly authorized investigation and |
enforcement of this Act; |
(3) Intentionally prevent or attempt to prevent any |
examination of any relevant books or records pertinent to |
investigations and enforcement of this Act; |
(4) Intentionally prevent or interfere with the |
preservation of evidence pertaining to any violation of |
this Act or the rules promulgated under this Act; |
(5) Intentionally retaliate or discriminate against |
any resident or employee for contacting or providing |
information to any state official, or for initiating, |
participating in, or testifying in an action for any remedy |
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authorized under this Act; |
(6) Willfully file any false, incomplete or |
intentionally misleading information required to be filed |
under this Act, or willfully fail or refuse to file any |
required information; or |
(7) Open or operate a facility without a license; or . |
(8) Intentionally retaliate or discriminate against |
any resident for consenting to authorized electronic |
monitoring under the Authorized Electronic Monitoring in |
Long-Term Care Facilities Act. |
(9) Prevent the installation or use of an electronic |
monitoring device by a resident who has provided the |
facility with notice and consent as required in Section 20 |
of the Authorized Electronic Monitoring in Long-Term Care |
Facilities Act. |
(b) A violation of this Section is a business offense, |
punishable by a fine not to exceed $10,000, except as otherwise |
provided in subsection (2) of Section 3-103 as to submission of |
false or misleading information in a license application. |
(c) The State's Attorney of the county in which the |
facility is located, or the Attorney General, shall be notified |
by the Director of any violations of this Section.
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(Source: P.A. 99-180, eff. 7-29-15.)
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(210 ILCS 32/65)
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Sec. 65. Rules. The Department shall adopt rules necessary |
