HB4094 99TH GENERAL ASSEMBLY

LRB099 09117 RLC 29312 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4094

Introduced , by Rep. Norine Hammond

SYNOPSIS AS INTRODUCED:

210 ILCS 47/3-202

Amends the ID/DD Community Care Act. Provides that the Department of Public Health shall require that each long-term care for under age 22 facility: (1) place video cameras in the common areas of the facility; (2) place audio recording equipment in each private bedroom of the facility with the consent of all residents of the bedroom capable of knowingly consenting to the placement of that equipment, or if incapable of knowingly consenting, the parent or guardian of the resident; and (3) obtain an insurance policy to cover the costs of the equipment and its installation.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The ID/DD Community Care Act is amended by changing Section 3-202 as follows:

(210 ILCS 47/3-202)

Sec. 3-202. Standards for facilities.

(a) The Department shall prescribe minimum standards for facilities. These standards shall regulate:

(1) Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;

(2) To the extent this Act has not established minimum staffing requirements within this Act, the numbers and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;

(3) All sanitary conditions within the facility and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;

(4) Diet related to the needs of each resident based on good nutritional practice and on recommendations which may be made by the physicians attending the resident;

(5) Equipment essential to the health and welfare of the residents;

(6) A program of habilitation and rehabilitation for those residents who would benefit from such programs;

(7) A program for adequate maintenance of physical plant and equipment;

(8) Adequate accommodations, staff and services for the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a facility used by residents of the facility be air-conditioned and heated by means of operable air-conditioning and heating equipment. The areas subject to this air-conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms;

(9) Development of evacuation and other appropriate safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and

(10) Maintenance of minimum financial or other resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act.

(b) The Department shall require that each long-term care for under age 22 facility:

(1) place video cameras in the common areas of the facility;

(2) place audio recording equipment in each private bedroom of the facility with the consent of all residents of the bedroom capable of knowingly consenting to the placement of that equipment, or if incapable of knowingly consenting, the parent or guardian of the resident; and

(3) obtain an insurance policy to cover the costs of the equipment and its installation.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)