Bill Text: IL SB0261 | 2015-2016 | 99th General Assembly | Enrolled

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Bill Title: Amends the Employment of Strikebreakers Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Enrolled - Dead) 2016-12-02 - Sent to the Governor [SB0261 Detail]

Download: Illinois-2015-SB0261-Enrolled.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rehabilitation of Persons with Disabilities
Act is amended by changing Section 17.1 as follows:
(20 ILCS 2405/17.1)
Sec. 17.1. Home Care Consumer Bill of Rights.
(a) Definitions. As used in this Section:
"Home care consumer" or "consumer" means a person aged 60
or older or a person with disabilities aged 18 through 59 who
receives services in his or her home or community to promote
independence and reduce the necessity for residence in a
long-term care facility. These services may include the
following:
(1) Home care services provided under this Act, the
Medicare program under Title XVIII of the Social Security
Act, the Medicaid program under Title XIX of the Social
Security Act, or any other program funded by public or
private moneys.
(2) Home care services determined to be appropriate by
the Department.
"Home Care Consumer Bill of Rights" means, at a minimum,
the rights set forth in subsections (b) through (g) and, in

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addition, any other rights established under subsection (h).
"Home care services" or "services" means home and
community-based services to promote independence and reduce
the necessity for residence in a long-term care facility,
including personal care services designed to assist an
individual in the activities of daily living such as bathing,
exercising, personal grooming, and getting in and out of bed.
(b) Home care consumer's right to basic safety.
(1) A home care consumer has the right to be protected
from physical, sexual, mental, and verbal abuse, neglect,
and exploitation, including financial exploitation.
(2) A home care consumer has the right to be served by
providers who are properly trained and are providing home
care services within their scope of practice and the scope
of their certification or licensure by the State.
(3) A provider of home care services shall maintain the
confidentiality of all personal, financial, and medical
information of the home care consumers to whom it provides
services.
(4) A provider of home care services shall respect the
personal property of the home care consumers to whom it
provides services. If a consumer reports a theft or loss of
personal property, the provider shall investigate and
shall report back to the consumer the results of the
investigation.
(c) Home care consumer's right to information.

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(1) A home care consumer has the right to be informed
of the following by a provider of home care services within
2 weeks after starting to receive home care services:
(A) His or her rights under this Section.
(B) The entities the home care consumer may contact
if his or her rights are violated, including the name
and contact information for the Department of Human
Services and the Department on Aging and other State
and local agencies responsible for enforcing the Home
Care Consumer Bill of Rights.
(2) A home care consumer has the right to:
(A) be informed of (i) the cost of home care
services prior to receiving those services, (ii)
whether the cost of those services is covered under
health insurance, long-term care insurance, or other
private or public programs, and (iii) any charges the
consumer will be expected to pay; and
(B) be given advance notice of any changes to those
costs or services.
(3) A home care consumer has the right to access
information about the availability of the home care
services provided in his or her community and has the right
to choose among home care services and providers of home
care services available in that community.
(d) Home care consumer's right to choice, participation,
and self-determination.

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(1) A home care consumer has the right to participate
in the planning of his or her home care services, including
making choices about aspects of his or her care and
services that are important to him or her, choosing
providers and schedules to the extent practicable,
receiving reasonable accommodation of his or her needs and
preferences, and involving anyone he or she chooses to
participate with him or her in that planning.
(2) A home care consumer has the right to be provided
with sufficient information to make informed decisions, to
be fully informed in advance about any proposed changes in
care and services, and to be involved in the
decision-making process regarding those changes.
(3) A home care consumer may refuse services and has
the right to receive an explanation of the consequences of
doing so.
(4) A home care consumer has the right to choose a
provider of his or her choice and shall determine the
number of hours worked weekly by his or her provider,
subject to the monthly limit of hours in the consumer's
service plan. The State of Illinois and its Departments may
not limit the number of weekly hours worked by providers of
home care services.
(e) Home care consumer's right to dignity and
individuality. A home care consumer has the right to receive
care and services provided in a way that promotes his or her

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dignity and individuality.
(f) Home care consumer's right to redress grievances.
(1) A home care consumer has the right to express
grievances about the quality of his or her home care
services, the number of hours of service, and any
violations of his or her rights under this Section. A home
care consumer has the right to receive prompt responses to
those concerns and to be informed about the entities the
consumer may contact to state those grievances in order to
have the grievances addressed in an appropriate and timely
manner and without retaliation.
(2) A home care consumer has the right to assert his or
her rights under this Section without retaliation.
(g) Home care consumer's right to fiduciary assistance. A
home care consumer has the right to a fiduciary's assistance in
securing the consumer's rights under this Section.
(h) Other rights. The Home Care Consumer Bill of Rights may
include any other rights determined to be appropriate by the
Department.
(i) The Department of Human Services and the Department on
Aging shall develop a plan for enforcing the Home Care Consumer
Bill of Rights. In developing the plan, the Departments shall
establish and take into account best practices for enforcement
of those rights. The Departments shall make those best
practices available to the public through their official web
sites. The plan shall include a description of how entities

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with a role in protecting older adults aged 60 or older and
persons with disabilities aged 18 through 59, such as home care
services licensing agencies, adult protective services
agencies, the Office of State Long Term Care Ombudsman, local
law enforcement agencies, and other entities determined to be
appropriate by the Departments, will coordinate activities to
enforce the Home Care Consumer Bill of Rights.
(Source: P.A. 98-935, eff. 8-15-14.)
Section 99. Effective date. This Act takes effect June 1,
2017.