Bill Text: IL SB0798 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Older Adult Services Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0989 [SB0798 Detail]
Download: Illinois-2013-SB0798-Amended.html
Bill Title: Amends the Older Adult Services Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0989 [SB0798 Detail]
Download: Illinois-2013-SB0798-Amended.html
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1 | AMENDMENT TO SENATE BILL 798
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2 | AMENDMENT NO. ______. Amend Senate Bill 798 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.04 as follows:
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6 | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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7 | Sec. 4.04. Long Term Care Ombudsman Program. The purpose of | ||||||
8 | the Long Term Care Ombudsman Program is to ensure that older | ||||||
9 | persons and persons with disabilities receive quality | ||||||
10 | services. This is accomplished by providing advocacy services | ||||||
11 | for residents of long term care facilities and participants | ||||||
12 | receiving home care and community-based care. Managed care is | ||||||
13 | increasingly becoming the vehicle for delivering health and | ||||||
14 | long-term services and supports to seniors and persons with | ||||||
15 | disabilities, including dual eligible participants. The | ||||||
16 | additional ombudsman authority will allow advocacy services to |
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1 | be provided to Illinois participants for the first time and | ||||||
2 | will produce a cost savings for the State of Illinois by | ||||||
3 | supporting the rebalancing efforts of the Patient Protection | ||||||
4 | and Affordable Care Act.
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5 | (a) Long Term Care Ombudsman Program. The Department shall
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6 | establish a Long Term Care Ombudsman Program, through the | ||||||
7 | Office of State
Long Term Care Ombudsman ("the Office"), in | ||||||
8 | accordance with the provisions of
the Older Americans Act of | ||||||
9 | 1965, as now or hereafter amended. The Long Term Care Ombudsman | ||||||
10 | Program is authorized, subject to sufficient appropriations, | ||||||
11 | to advocate on behalf of older persons and persons with | ||||||
12 | disabilities residing in their own homes or community-based | ||||||
13 | settings, relating to matters which may adversely affect the | ||||||
14 | health, safety, welfare, or rights of such individuals.
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15 | (b) Definitions. As used in this Section, unless the | ||||||
16 | context requires
otherwise:
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17 | (1) "Access" has the same meaning as in Section 1-104 | ||||||
18 | of the Nursing
Home Care Act, as now or hereafter amended; | ||||||
19 | that is, it means the right to:
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20 | (i) Enter any long term care facility or assisted | ||||||
21 | living or shared
housing establishment or supportive | ||||||
22 | living facility;
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23 | (ii) Communicate privately and without restriction | ||||||
24 | with any resident, regardless of age,
who consents to | ||||||
25 | the communication;
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26 | (iii) Seek consent to communicate privately and |
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1 | without restriction
with any participant or resident, | ||||||
2 | regardless of age;
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3 | (iv) Inspect the clinical and other records of a | ||||||
4 | participant or resident, regardless of age, with the
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5 | express written consent of the participant or | ||||||
6 | resident;
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7 | (v) Observe all areas of the long term care | ||||||
8 | facility or supportive
living facilities, assisted | ||||||
9 | living or shared housing establishment except the
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10 | living area of any resident who protests the | ||||||
11 | observation; and
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12 | (vi) Subject to permission of the participant or | ||||||
13 | resident requesting services or his or her | ||||||
14 | representative, enter a home or community-based | ||||||
15 | setting.
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16 | (2) "Long Term Care Facility" means (i) any facility as | ||||||
17 | defined by Section
1-113 of the Nursing Home Care Act, as | ||||||
18 | now or hereafter amended; and (ii) any
skilled nursing | ||||||
19 | facility or a nursing facility which meets the
requirements | ||||||
20 | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | ||||||
21 | (b),
(c), and (d) of the Social Security Act, as now or | ||||||
22 | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | ||||||
23 | and 42 U.S.C. 1396r(a), (b), (c), and
(d)); and any | ||||||
24 | facility as defined by Section 1-113 of the MR/DD Community | ||||||
25 | Care Act, as now or hereafter amended.
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26 | (2.5) "Assisted living establishment" and "shared |
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1 | housing establishment"
have the meanings given those terms | ||||||
2 | in Section 10 of the Assisted Living and
Shared Housing | ||||||
3 | Act.
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4 | (2.7) "Supportive living facility" means a facility | ||||||
5 | established under
Section 5-5.01a of the Illinois Public | ||||||
6 | Aid Code.
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7 | (2.8) "Community-based setting" means any place of | ||||||
8 | abode other than an individual's private home.
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9 | (3) "State Long Term Care Ombudsman" means any person | ||||||
10 | employed by the
Department to fulfill
the requirements of | ||||||
11 | the Office of State Long Term Care Ombudsman as
required | ||||||
12 | under the Older Americans Act of 1965, as now or hereafter | ||||||
13 | amended,
and Departmental policy.
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14 | (3.1) "Ombudsman" means any designated representative | ||||||
15 | of the State Long Term Care Ombudsman Program; provided | ||||||
16 | that the representative, whether he is
paid for or | ||||||
17 | volunteers his ombudsman services, shall be qualified and
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18 | designated by the Office to perform the duties of an | ||||||
19 | ombudsman as specified by
the Department in rules and in | ||||||
20 | accordance with the provisions of
the Older Americans Act | ||||||
21 | of 1965, as now or hereafter amended.
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22 | (4) "Participant" means an older person aged 60 or over | ||||||
23 | or an adult with a disability aged 18 through 59 who is or | ||||||
24 | persons with disabilities who are eligible for services | ||||||
25 | under any of the following: | ||||||
26 | (i) A medical assistance waiver administered by |
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1 | the State. | ||||||
2 | (ii) A managed care organization providing care | ||||||
3 | coordination and other services to seniors and persons | ||||||
4 | with disabilities. | ||||||
5 | (5) "Resident" means an older person aged 60 or over or | ||||||
6 | an adult with a disability aged 18 through 59 individual | ||||||
7 | who resides in a long-term care facility. | ||||||
8 | (c) Ombudsman; rules. The Office of State Long Term Care | ||||||
9 | Ombudsman shall
be composed of at least one full-time ombudsman | ||||||
10 | and shall include a system of
designated regional long term | ||||||
11 | care ombudsman programs. Each regional program
shall be | ||||||
12 | designated by the State Long Term Care Ombudsman as a | ||||||
13 | subdivision of
the Office and any representative of a regional | ||||||
14 | program shall be treated as a
representative of the Office.
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15 | The Department, in consultation with the Office, shall | ||||||
16 | promulgate
administrative rules in accordance with the | ||||||
17 | provisions of the Older Americans
Act of 1965, as now or | ||||||
18 | hereafter amended, to establish the responsibilities of
the | ||||||
19 | Department and the Office of State Long Term Care Ombudsman and | ||||||
20 | the
designated regional Ombudsman programs. The administrative | ||||||
21 | rules shall include
the responsibility of the Office and | ||||||
22 | designated regional programs to
investigate and resolve | ||||||
23 | complaints made by or on behalf of residents of long
term care | ||||||
24 | facilities, supportive living facilities, and assisted living | ||||||
25 | and
shared housing establishments, and participants residing | ||||||
26 | in their own homes or community-based settings, including the |
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1 | option to serve residents and participants under the age of 60, | ||||||
2 | relating to actions, inaction, or
decisions of providers, or | ||||||
3 | their representatives, of such
facilities and establishments, | ||||||
4 | of public agencies, or of social services agencies,
which may | ||||||
5 | adversely affect the health, safety, welfare, or rights of such
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6 | residents and participants. The Office and designated regional | ||||||
7 | programs may represent all residents and participants, but are | ||||||
8 | not required by this Act to represent persons under 60 years of | ||||||
9 | age, except to the extent required by federal law.
When | ||||||
10 | necessary and appropriate, representatives of the Office shall | ||||||
11 | refer
complaints to the appropriate regulatory State agency.
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12 | The Department, in consultation with the Office, shall | ||||||
13 | cooperate with the
Department of Human Services and other State | ||||||
14 | agencies in providing information and training to
designated | ||||||
15 | regional long term care ombudsman programs about the | ||||||
16 | appropriate
assessment and treatment (including information | ||||||
17 | about appropriate supportive
services, treatment options, and | ||||||
18 | assessment of rehabilitation potential) of the participants | ||||||
19 | they serve. | ||||||
20 | The State Long Term Care Ombudsman and all other ombudsmen, | ||||||
21 | as defined in paragraph (3.1) of subsection (b) must submit to | ||||||
22 | background checks under the Health Care Worker Background Check | ||||||
23 | Act and receive training, as prescribed by the Illinois | ||||||
24 | Department on Aging, before visiting facilities, private | ||||||
25 | homes, or community-based settings. The training must include | ||||||
26 | information specific to assisted living establishments, |
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1 | supportive living facilities, shared housing establishments, | ||||||
2 | private homes, and community-based settings and to the rights | ||||||
3 | of residents and participants guaranteed under the | ||||||
4 | corresponding Acts and administrative rules.
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5 | (c-5) Consumer Choice Information Reports. The Office | ||||||
6 | shall: | ||||||
7 | (1) In collaboration with the Attorney General, create | ||||||
8 | a Consumer Choice Information Report form to be completed | ||||||
9 | by all licensed long term care facilities to aid | ||||||
10 | Illinoisans and their families in making informed choices | ||||||
11 | about long term care. The Office shall create a Consumer | ||||||
12 | Choice Information Report for each type of licensed long | ||||||
13 | term care facility. The Office shall collaborate with the | ||||||
14 | Attorney General and the Department of Human Services to | ||||||
15 | create a Consumer Choice Information Report form for | ||||||
16 | facilities licensed under the MR/DD Community Care Act. | ||||||
17 | (2) Develop a database of Consumer Choice Information | ||||||
18 | Reports completed by licensed long term care facilities | ||||||
19 | that includes information in the following consumer | ||||||
20 | categories: | ||||||
21 | (A) Medical Care, Services, and Treatment. | ||||||
22 | (B) Special Services and Amenities. | ||||||
23 | (C) Staffing. | ||||||
24 | (D) Facility Statistics and Resident Demographics. | ||||||
25 | (E) Ownership and Administration. | ||||||
26 | (F) Safety and Security. |
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1 | (G) Meals and Nutrition. | ||||||
2 | (H) Rooms, Furnishings, and Equipment. | ||||||
3 | (I) Family, Volunteer, and Visitation Provisions. | ||||||
4 | (3) Make this information accessible to the public, | ||||||
5 | including on the Internet by means of a hyperlink labeled | ||||||
6 | "Resident's Right to Know" on the Office's World Wide Web | ||||||
7 | home page. Information about facilities licensed under the | ||||||
8 | MR/DD Community Care Act shall be made accessible to the | ||||||
9 | public by the Department of Human Services, including on | ||||||
10 | the Internet by means of a hyperlink labeled "Resident's | ||||||
11 | and Families' Right to Know" on the Department of Human | ||||||
12 | Services' "For Customers" website. | ||||||
13 | (4) Have the authority, with the Attorney General, to | ||||||
14 | verify that information provided by a facility is accurate. | ||||||
15 | (5) Request a new report from any licensed facility | ||||||
16 | whenever it deems necessary.
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17 | (6) Include in the Office's Consumer Choice
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18 | Information Report for each type of licensed long term care
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19 | facility additional information on each licensed long term
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20 | care facility in the State of Illinois, including
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21 | information regarding each facility's compliance with the
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22 | relevant State and federal statutes, rules, and standards;
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23 | customer satisfaction surveys; and information generated
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24 | from quality measures developed by the Centers for Medicare
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25 | and Medicaid Services. | ||||||
26 | (d) Access and visitation rights.
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1 | (1) In accordance with subparagraphs (A) and (E) of | ||||||
2 | paragraph (3) of
subsection (c) of Section 1819
and | ||||||
3 | subparagraphs (A) and (E) of paragraph (3) of subsection | ||||||
4 | (c) of Section
1919 of the Social Security Act, as now or | ||||||
5 | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||||||
6 | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||||||
7 | Older Americans Act of 1965, as now or hereafter
amended | ||||||
8 | (42 U.S.C. 3058f), a long term care facility, supportive | ||||||
9 | living
facility, assisted living
establishment, and shared | ||||||
10 | housing establishment must:
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11 | (i) permit immediate access to any resident, | ||||||
12 | regardless of age, by a designated
ombudsman; and
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13 | (ii) permit representatives of the Office, with | ||||||
14 | the permission of the
resident's legal representative | ||||||
15 | or legal guardian, to examine a resident's
clinical and | ||||||
16 | other records, regardless of the age of the resident, | ||||||
17 | and if a resident is unable to consent to such
review, | ||||||
18 | and has no legal guardian, permit representatives of | ||||||
19 | the Office
appropriate access, as defined by the | ||||||
20 | Department, in consultation with the
Office, in | ||||||
21 | administrative rules, to the resident's records ; and .
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22 | (iii) permit a representative of the Program to | ||||||
23 | communicate privately and without restriction with any | ||||||
24 | participant who consents to the communication | ||||||
25 | regardless of the consent of, or withholding of consent | ||||||
26 | by, a legal guardian or an agent named in a power of |
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1 | attorney executed by the participant.
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2 | (2) Each long term care facility, supportive living | ||||||
3 | facility, assisted
living establishment, and
shared | ||||||
4 | housing establishment shall display, in multiple, | ||||||
5 | conspicuous
public places within the facility accessible | ||||||
6 | to both visitors and residents and
in an easily readable | ||||||
7 | format, the address and phone number of the Office of the
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8 | Long Term Care Ombudsman, in a manner prescribed by the | ||||||
9 | Office.
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10 | (e) Immunity. An ombudsman or any representative of the | ||||||
11 | Office participating
in the good faith performance of his or | ||||||
12 | her official duties
shall have immunity from any liability | ||||||
13 | (civil, criminal or otherwise) in
any proceedings (civil, | ||||||
14 | criminal or otherwise) brought as a consequence of
the | ||||||
15 | performance of his official duties.
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16 | (f) Business offenses.
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17 | (1) No person shall:
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18 | (i) Intentionally prevent, interfere with, or | ||||||
19 | attempt to impede in any
way any representative of the | ||||||
20 | Office in the performance of his
official
duties under | ||||||
21 | this Act and the Older Americans Act of 1965; or
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22 | (ii) Intentionally retaliate, discriminate | ||||||
23 | against, or effect reprisals
against any long term care | ||||||
24 | facility resident or employee for contacting or
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25 | providing information to any representative of the | ||||||
26 | Office.
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1 | (2) A violation of this Section is a business offense, | ||||||
2 | punishable by a
fine not to exceed $501.
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3 | (3) The State Long Term Care Ombudsman Director of | ||||||
4 | Aging, in consultation with the Office, shall
notify the | ||||||
5 | State's Attorney of the
county in which the long term care | ||||||
6 | facility, supportive living facility, or
assisted living | ||||||
7 | or shared housing establishment is located,
or the Attorney | ||||||
8 | General, of any violations of this Section.
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9 | (g) Confidentiality of records and identities. The | ||||||
10 | Department shall
establish procedures for the disclosure by the | ||||||
11 | State Ombudsman or the regional
ombudsmen
entities of files | ||||||
12 | maintained by the program. The procedures shall provide that
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13 | the files and records may be disclosed only at the discretion | ||||||
14 | of the State Long
Term Care
Ombudsman or the person designated | ||||||
15 | by the State Ombudsman to disclose the files
and records, and | ||||||
16 | the procedures shall prohibit the disclosure of the identity
of | ||||||
17 | any complainant, resident, participant, witness, or employee | ||||||
18 | of a long term care provider
unless:
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19 | (1) the complainant, resident, participant, witness, | ||||||
20 | or employee of a long term care
provider or his or her | ||||||
21 | legal representative consents to the disclosure and the
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22 | consent is in writing;
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23 | (2) the complainant, resident, participant, witness, | ||||||
24 | or employee of a long term care
provider gives consent | ||||||
25 | orally; and the consent is documented contemporaneously
in | ||||||
26 | writing in
accordance with such requirements as the |
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1 | Department shall establish; or
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2 | (3) the disclosure is required by court order.
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3 | (h) Legal representation. The Attorney General shall
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4 | provide legal representation to any representative of the | ||||||
5 | Office
against
whom suit or other legal action is brought in | ||||||
6 | connection with the
performance of the representative's | ||||||
7 | official duties, in accordance with the
State Employee | ||||||
8 | Indemnification Act.
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9 | (i) Treatment by prayer and spiritual means. Nothing in | ||||||
10 | this Act shall
be construed to authorize or require the medical | ||||||
11 | supervision, regulation
or control of remedial care or | ||||||
12 | treatment of any resident in a long term
care facility operated | ||||||
13 | exclusively by and for members or adherents of any
church or | ||||||
14 | religious denomination the tenets and practices of which | ||||||
15 | include
reliance solely upon spiritual means through prayer for | ||||||
16 | healing.
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17 | (j) The Long Term Care Ombudsman Fund is created as a | ||||||
18 | special fund in the State treasury to receive moneys for the | ||||||
19 | express purposes of this Section. All interest earned on moneys | ||||||
20 | in the fund shall be credited to the fund. Moneys contained in | ||||||
21 | the fund shall be used to support the purposes of this Section. | ||||||
22 | (k) Each Regional Ombudsman may, in accordance with rules | ||||||
23 | promulgated by the Office, establish a multi-disciplinary team | ||||||
24 | to act in an advisory role for the purpose of providing | ||||||
25 | professional knowledge and expertise in handling complex | ||||||
26 | abuse, neglect, and advocacy issues involving participants. |
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1 | Each multi-disciplinary team may consist of one or more | ||||||
2 | volunteer representatives from any combination of at least 7 | ||||||
3 | members from the following professions: banking or finance; | ||||||
4 | disability care; health care; pharmacology; law; law | ||||||
5 | enforcement; emergency responder; mental health care; clergy; | ||||||
6 | coroner or medical examiner; substance abuse; domestic | ||||||
7 | violence; sexual assault; or other related fields. To support | ||||||
8 | multi-disciplinary teams in this role, law enforcement | ||||||
9 | agencies and coroners or medical examiners shall supply records | ||||||
10 | as may be requested in particular cases. The Regional | ||||||
11 | Ombudsman, or his or her designee, of the area in which the | ||||||
12 | multi-disciplinary team is created shall be the facilitator of | ||||||
13 | the multi-disciplinary team. | ||||||
14 | (Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13.)
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15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2015.".
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