Bill Text: IL SB2322 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Essential Support Person Act. Provides that a resident or the resident's representative may designate a primary essential support person and a secondary essential support person who may visit the resident despite general visitation restrictions imposed on other visitors, provided that the primary essential support person or secondary essential support person complies with any rules adopted by the Department of Public Health to protect the health, safety, and well-being of residents. Tasks the Department with establishing a statewide policy for visitation with a resident. Requires the Office of State Long Term Care Ombudsman to perform specified duties. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0261 [SB2322 Detail]

Download: Illinois-2023-SB2322-Enrolled.html

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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 1. Short title. This Act may be cited as the
Essential Support Person Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Public Health.
"Essential support" means support that includes, but is
not limited to:
(1) assistance with activities of daily living; and
(2) physical, emotional, psychological, and
socialization support for the resident.
"Facility" means any of the following: a facility as
defined in Section 10 of the Alzheimer's Disease and Related
Dementias Special Care Disclosure Act; an assisted living
establishment or shared housing establishment as defined in
Section 10 of the Assisted Living and Shared Housing Act; a
Community Living Facility as defined in Section 3 of the
Community Living Facilities Licensing Act; a facility as
defined in Section 2 of the Life Care Facilities Act; a
continuum of care facility as defined in Section 10 of the
Continuum of Care Services for the Developmentally Disabled
Act; a facility as defined in Section 1-113 of the Nursing Home

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Care Act; a MC/DD facility as defined in Section 1-113 of the
MC/DD Act; an ID/DD facility as defined in Section 1-113 of the
ID/DD Community Care Act; a hospice program as defined in
Section 3 of the Hospice Program Licensing Act; a Supportive
Residence as defined in Section 10 of the Supportive
Residences Licensing Act; a facility as defined in Section
1-102 of the Specialized Mental Health Rehabilitation Act of
2013; a home, institution, or other place operated by or under
the authority of the Department of Veterans' Affairs; an
Alzheimer's disease management center alternative health care
model under the Alternative Health Care Delivery Act; and a
home, institution, or other place that is a State-operated
mental health or developmental disability center or facility.
"Facility" does not include a hospital as defined in the
Hospital Licensing Act or any hospital authorized under the
University of Illinois Hospital Act. "Facility" does not
include any facility that the Department of Public Health or
the Department of Veterans' Affairs does not regulate.
"Office" means the Office of State Long Term Care
Ombudsman.
"Person-centered care plan" means a care plan for a
resident developed by the resident or resident's
representative in consultation with health professionals that
focuses on the resident's physical, emotional, psychological,
and socialization needs and describes the resident's right to
designate a primary essential support person or secondary

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essential support person.
"Primary essential support person" means a person
designated by a resident, or the resident's representative,
who has access to the resident in accordance with rules set by
the Department to provide essential support according to the
resident's person-centered care plan.
"Resident" means a person who is living in a facility or is
seeking admission to a facility. "Resident" includes a
guardian of the person or an agent for the person under a power
of attorney.
"Secondary essential support person" means a person
designated by the resident, or the resident's representative,
to serve as a backup to a primary essential support person.
Section 10. Essential support persons. A resident or the
resident's representative may designate a primary essential
support person and a secondary essential support person who
shall have access to the resident despite general visitation
restrictions imposed on other visitors, provided that the
primary essential support person or secondary essential
support person complies with any rules adopted by the
Department under Section 15 to protect the health, safety, and
well-being of residents. A facility must explain to a resident
or the resident's representative what a primary essential
support person and a secondary essential support person are.

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Section 15. Statewide policy; disaster declaration.
(a) The Department shall establish a statewide policy for
visitation with a resident. The policy shall apply to all
facilities and shall incorporate a resident's need for health,
safety, and well-being, including, but not limited to, the
essential support provided by a primary essential support
person or secondary essential support person.
(b) If the Governor issues a proclamation under Section 7
of the Illinois Emergency Management Agency Act declaring that
a disaster relating to a public health emergency exists, the
Department shall, in accordance with applicable federal
requirements and guidance, set forth requirements for access
to a resident, provided that the requirements shall
incorporate a resident's need for essential support provided
by a primary essential support person or secondary essential
support person. The requirements shall include, but need not
be limited to, the circumstances, if any, under which a
facility may restrict visitors, including, but not limited to,
primary essential support persons and secondary essential
support persons designated by a resident. The requirements
shall address, at a minimum, the following:
(1) Arrangements for regular visitation by visitors
and other residents through various means, including, but
not limited to:
(A) outdoor visitation;
(B) the use of technologies to facilitate virtual

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visitation when all other forms of visitation are
unavailable; and
(C) indoor visitation, including, but not limited
to, indoor visitation 24 hours per day, 7 days per week
when the resident is nearing the end of his or her life
as determined by any one or more of the resident's
attending health care professionals.
(2) The needs of a resident for physical, emotional,
psychological, and socialization support based on the
resident's person-centered care plan.
(3) Safety protocols for all visitors to a facility,
including, but not limited to, primary essential support
persons or secondary essential support persons, if the
Governor issues a proclamation under Section 7 of the
Illinois Emergency Management Agency Act declaring that a
disaster relating to a public health emergency exists.
(4) Allow access to a resident by a primary essential
support person or secondary essential support person
despite general visitation restrictions, provided that the
primary essential support person or secondary essential
support person complies with safety protocols established
by the Department.
(5) If a resident has not designated a primary
essential support person, a requirement that facility
staff work with the resident or the resident's
representative, a family member of the resident, or a Long

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Term Care Ombudsman to identify a primary essential
support person and provide him or her access to the
resident.
Section 20. Office of State Long Term Care Ombudsman
requirements.
(a) The Office of State Long Term Care Ombudsman shall:
(1) identify, investigate, and resolve complaints that
relate to an action, inaction, or decision that may
adversely affect the health, safety, welfare, or rights of
residents, including the welfare and rights of residents
with respect to primary essential support persons and
secondary essential support persons.
(2) provide services to protect the health, safety,
welfare, and rights of residents, including, but not
limited to, services designed to address the impact of
socialization, visitation, and the role of primary
essential support persons or secondary essential support
persons in the health, safety, and well-being of
residents;
(3) inform residents of available means of obtaining
the services described in paragraph (2);
(4) recommend any changes in the laws, rules, or
policies of this Act or actions required under this Act
that the Office determines to be appropriate; and
(5) facilitate public comment on the laws, rules, or

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policies of this Act or actions required under this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.