SB 2137

Abstract

Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. Contains specified requirements for the social isolation prevention policies. Provides that the Department shall distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and State funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of the provisions. Provides that whenever the Department conducts an inspection of a long-term care facility, the Department's inspector shall determine whether the long-term facility is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Requires the Department to adopt rules necessary to implement the provisions within 60 days after the amendatory Act's effective date (and makes conforming changes in the Illinois Administrative Procedure Act). Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language providing that the Department of Public Health shall require each long-term care facility in the State to perform specified actions as a condition of facility licensure. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that a resident's individualized visitation plan shall give priority to the resident's preferences over the preferences of the resident's representative. Provides that a long-term care facility may apply for (rather than the Department shall distribute) civil monetary penalty fund grants, and may request other available federal and State funds to obtain assistive and supportive technologies and related accessories that would facilitate communication between residents and other family members, friends, and external support systems. Provides that the Department (rather than the Department's inspector) shall determine whether a long-term care facility is in compliance with the provisions whenever the Department conducts an annual licensure and certification survey, when a complaint is received, or as frequently as may be necessary (rather than whenever the Department conducts an inspection of a long-term care facility). Provides that a noncompliant long-term care facility shall be liable to pay an administrative penalty as a Type "C" violation. Provides that implementation of an administrative penalty as a Type "C" violation under the provisions shall not be imposed prior to January 1, 2023. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Adds provisions regarding legislative findings. Replaces references to specified types of equipment with references to assistive and supportive technology and devices. Requires appropriate staff to develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences (rather than to assess and regularly reassess the individual needs and preferences of facility residents). Requires appropriate staff to develop an individualized virtual visitation schedule (rather than an individualized visitation plan) with specified requirements. Provides that specific protocols and procedures shall be developed to ensure that the quantity of assistive and supportive technology and devices maintained on-site at a facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Makes other changes. Effective immediately.