SB 2830 — LONG TERM CARE FACILITIES INFO

*LRB09519798JAM46185b* SB2830 95THEngrossed GENERALLRB095 ASSEMBLY19798 StateJAM of46185 Illinoisb andAN 2008ACT SB2830concerning IntroducedState 2/15/2008,government. by Sen.

Edward D.

Maloney SYNOPSIS AS INTRODUCED:

ILCS 105/4.03 from Ch.

23, par.

6104.03 ILCS 105/4.04 from Ch.

23, par.

6104.04 ILCS 9/110 ILCS 9/117 new ILCS 45/2-214 new ILCS 45/3-210 from Ch.

111 1/2, par.

4153-210 ILCS 45/3-212 from Ch.

111 1/2, par.

4153-212 ILCS 5/5-5.01a ILCS 505/2BBB new Amends the Illinois Act on the Aging, the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Illinois Public Aid Code, and the Consumer Fraud and Deceptive Business Practices Act.

Requires that each licensed long term care facility, assisted living or shared housing establishment, and supportive living facility complete and file with the Office of State Long Term Care Ombudsman a Consumer Choice Information Report on a form developed by the Office with the collaboration of the Attorney General.

Specifies the contents of the Report.

Requires that an initial Report be filed by July 1, 2009.

Requires that subsequent Reports be filed at least annually and that verification of completion and filing must be included in the facility’s or establishment’s inspection.

Specifies the various means by which the Office must make the information in the Reports available to the public.

Provides that a violation of the reporting requirement is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act against which the Attorney General may seek enforcement.

LRB095 19798 JAM 46185 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2830 LRB095 19798 JAM 46185 b AN ACT concerning State government.

The individual who is SB2830 Engrossed - 2 - LRB095 19798 JAM 46185 b prescreened shall be informed of all appropriate options, including placement in a nursing home and the availability of in-home and community-based services and shall be advised of her or his right to refuse nursing home, in-home, community-based, or all services.

SB2830 Engrossed - 3 - LRB095 19798 JAM 46185 b that is, it means the right to:

SB2830 Engrossed - 4 - LRB095 19798 JAM 46185 b (2.5) "Assisted living establishment" and "shared housing establishment" have the meanings given those terms in Section 10 of the Assisted Living and Shared Housing Act.

Each regional program shall be designated by the State Long Term Care Ombudsman as a subdivision of the Office and any representative of a regional SB2830 Engrossed - 5 - LRB095 19798 JAM 46185 b program shall be treated as a representative of the Office.

The Department, in consultation with the Office, shall cooperate with the Department of Human Services and other State agencies in SB2830 Engrossed - 6 - LRB095 19798 JAM 46185 b providing information and training to designated regional long term care ombudsman programs about the appropriate assessment and treatment (including information about appropriate supportive services, treatment options, and assessment of rehabilitation potential) of the residents they serve, including children, persons with mental illness (other than Alzheimer’s disease and related disorders), and persons with developmental disabilities.

The Office shall SB2830 Engrossed - 7 - LRB095 19798 JAM 46185 b create a Consumer Choice Information Report for each type of licensed long term care facility, assisted living or shared housing establishment, and supportive living facility.

(5) Request a new report from any licensed facility or SB2830 Engrossed - 8 - LRB095 19798 JAM 46185 b establishment whenever it deems necessary.

(2) Each long term care facility, supportive living facility, assisted living establishment, and shared housing establishment shall display, in multiple, SB2830 Engrossed - 9 - LRB095 19798 JAM 46185 b conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and phone number of the Office of the Long Term Care Ombudsman, in a manner prescribed by the Office.

(3) The Director of Aging, in consultation with the Office, shall notify the State’s Attorney of the county in SB2830 Engrossed - 10 - LRB095 19798 JAM 46185 b which the long term care facility, supportive living facility, or assisted living or shared housing establishment is located, or the Attorney General, of any violations of this Section.

The Attorney General shall provide legal representation to any representative of the SB2830 Engrossed - 11 - LRB095 19798 JAM 46185 b Office against whom suit or other legal action is brought in connection with the performance of the representative’s official duties, in accordance with the State Employee Indemnification Act.

Submission of an establishment’s current Consumer Choice Information Report required by Section 117 shall be verified at time of SB2830 Engrossed - 12 - LRB095 19798 JAM 46185 b inspection.

(e) The Department shall by rule establish penalties and sanctions, which shall include, but need not be limited to, the SB2830 Engrossed - 13 - LRB095 19798 JAM 46185 b creation of a schedule of graduated penalties and sanctions to include closure.

All remedies, penalties, and SB2830 Engrossed - 14 - LRB095 19798 JAM 46185 b authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.

All remedies, penalties, and SB2830 Engrossed - 15 - LRB095 19798 JAM 46185 b authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.

(7) A copy of the current Consumer Choice Information SB2830 Engrossed - 16 - LRB095 19798 JAM 46185 b Report required by Section 2-214.

(a-1) An employee of a State or unit of local government agency charged with inspecting, surveying, and evaluating facilities who directly or indirectly gives prior notice of an SB2830 Engrossed - 17 - LRB095 19798 JAM 46185 b inspection, survey, or evaluation, other than an inspection of financial records, to a facility or to an employee of a facility is guilty of a Class A misdemeanor.

An action to prosecute a person for violating this subsection (a-2) may be brought by either the Attorney General or the State’s Attorney SB2830 Engrossed - 18 - LRB095 19798 JAM 46185 b in the county where the violation took place.

If a certified facility is found to be out of compliance with federal certification requirements, the SB2830 Engrossed - 19 - LRB095 19798 JAM 46185 b results of an inspection conducted pursuant to Title XVIII or XIX of the Social Security Act may be used as the basis for enforcement remedies authorized and commenced under this Act.

Such SB2830 Engrossed - 20 - LRB095 19798 JAM 46185 b report shall recommend to the Director appropriate action under this Act with respect to findings against a facility.

(a) The Department shall establish and provide oversight for a program of supportive living facilities that seek to SB2830 Engrossed - 21 - LRB095 19798 JAM 46185 b promote resident independence, dignity, respect, and well-being in the most cost-effective manner.

(1) Every supportive living facility shall complete a SB2830 Engrossed - 22 - LRB095 19798 JAM 46185 b Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office.