SB1633sam002 102ND GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 4/15/2021

10200SB1633sam002 LRB102 15475 CPF 25322 a

AMENDMENT TO SENATE BILL 1633

AMENDMENT NO. ______. Amend Senate Bill 1633, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Nursing Home Care Act is amended by adding Section 2-100 and by changing Sections 2-101, 2-112, and 3-209 as follows:

(210 ILCS 45/2-100 new)

Sec. 2-100. Legislative purpose; public policy. It is the public policy of the State of Illinois that facilities licensed under this Act are an important part of the continuum of long-term care and must be supported and preserved to ensure that the long-term care needs of residents, current and future, remain a priority for the State of Illinois. In support of this goal, it is imperative that the State, facilities, residents, and residents' families work in partnership to address the needs of residents and facilities in an ever-changing environment. Sufficient support and flexibility must be provided to facilities and facility staff as they work to preserve each person's dignity, individuality, and decision-making ability and promote each person's health, safety, and welfare.

(210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101)

Sec. 2-101. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of a facility.

(Source: P.A. 81-223.)

(210 ILCS 45/2-112) (from Ch. 111 1/2, par. 4152-112)

Sec. 2-112. A resident shall be permitted to present grievances on behalf of himself or others to the administrator, the Long-Term Care Facility Advisory Board, the residents' advisory council, State governmental agencies, or other persons of his or her choice, free from restraint, interference, coercion, or discrimination and without threat of discharge or reprisal in any form or manner whatsoever. Every facility shall have a written internal grievance procedure that, at a minimum: (1) must be posted in common areas and provided to the resident or resident's representative; (2) requires the facility to review all grievances and provide a response; (3) requires the facility to follow applicable State and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and (4) requires the facility to keep a copy of all grievances, responses, and outcomes for 3 years and provide the information to the Department upon request. The administrator shall provide all residents or their representatives with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged.

(Source: P.A. 81-223.)

(210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)

Sec. 3-209. Required posting of information.

(a) Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:

(1) Its current license;

(2) A description, provided by the Department, of complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;

(3) A copy of any order pertaining to the facility issued by the Department or a court; and

(4) A list of the material available for public inspection under Section 3-210; and .

(5) All information required by 42 CFR 483.10(g)(5).

(b) A facility that has received a notice of violation for a violation of the minimum staffing requirements under Section 3-202.05 shall display, during the period of time the facility is out of compliance, a notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by 11 inch white paper the following:

"Notice Dated: ................... This facility does not currently meet the minimum staffing ratios required by law. Posted at the direction of the Illinois Department of Public Health.".

The notice must be posted, at a minimum, at all publicly used exterior entryways into the facility, inside the main entrance lobby, and next to any registration desk for easily accessible viewing. The notice must also be posted on the main page of the facility's website. The Department shall have the discretion to determine the gravity of any violation and, taking into account mitigating and aggravating circumstances and facts, may reduce the requirement of, and amount of time for, posting the notice.

(Source: P.A. 101-10, eff. 6-5-19.)".