Bill Text: IL HB3629 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB3629 Detail]

Download: Illinois-2023-HB3629-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3629 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
210 ILCS 45/Art. V heading new
210 ILCS 45/5-101 new
210 ILCS 45/5-105 new
210 ILCS 45/5-110 new
Amends the Nursing Home Care Act. Creates the Transition and Emergency Home Services Article. Provides that within 4 months after the effective date of the amendatory Act, the Department of Human Services shall create a program to provide nursing services and assistance with activities of daily living sufficient to allow individuals who otherwise qualify for placement in a nursing facility to receive short-term services in the community. Provides that the short-term services shall cover both: (1) emergency home services for individuals currently receiving home services who experience a temporary need for a substitute personal assistant because of the unavailability of their other home services providers; and (2) short-term services to bridge periods between release from medical or institutional settings and establishment of long-term home services under a State waiver or other arrangements that allow the individual to live in the community. Provides that a person receiving benefits under Title XVI of the Social Security Act and residing in a facility, shall receive a personal needs allowance of $90 per monthly, with the Department providing $60 per month in addition to the amount required under Title XVI of the Social Security Act. Provides that facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility. Makes other changes.
LRB103 30276 CPF 56704 b
A BILL FOR
HB3629 LRB103 30276 CPF 56704 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by adding
Article V as follows:
(210 ILCS 45/Art. V heading new)
ARTICLE V TRANSITIONAL AND EMERGENCY HOME SERVICES
(210 ILCS 45/5-101 new)
Sec. 5-101. Transitional and Emergency Home Services.
(a) Within 4 months of the effective date of this
amendatory Act of the 103rd General Assembly, the Department
of Human Services shall create a program to provide nursing
services and assistance with activities of daily living
sufficient to allow individuals who otherwise qualify for
placement in a nursing facility to receive short-term services
in the community. The short-term services shall cover both:
(i) emergency home services for individuals currently
receiving home services who experience a temporary need for a
substitute personal assistant because of the unavailability of
the individual's other home services providers; and (ii)
short-term services to bridge periods between release from
medical or institutional settings and establishment of

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long-term home services under a State waiver or other
arrangements that allow the individual to live in the
community. To accomplish this goal, at a minimum the program
must:
(1) determine eligibility for those at risk of
placement in a facility in no more than 24 hours from the
time of the request for services;
(2) provide every service available under any State
Medicaid waiver program. Those services shall include, but
not be limited to, medication management, toileting,
transferring, catheterization, and bathing;
(3) provide emergency services to State waiver
recipients who experience a temporary, unanticipated
interruption in services, regardless of the type of waiver
serving the recipient or the age of the recipient; and
(4) for those at risk of placement in a facility, the
short-term service must continue until a full assessment
of waiver eligibility is complete and there is either a
finding of ineligibility for waiver services or long-term
services under the appropriate waiver have begun.
(210 ILCS 45/5-105 new)
Sec. 5-105. Personal needs allowance.
(a) A person receiving benefits under Title XVI of the
Social Security Act, or 42 U.S.C. 1381 and residing in a
facility, shall receive a personal needs allowance of $90 per

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month, with the Department of Human Services providing $60 per
month in addition to the amount required under Title XVI of the
Social Security Act.
(b) Beginning January 1 of the year following the
effective date of this amendatory Act of the 103rd General
Assembly, and each year thereafter, the personal needs
allowance shall be increased by the percentage cost-of-living
adjustment for the Old Age, Survivors, and Disability Social
Security Benefits as published by the federal Social Security
Administration, subject to the maximum personal needs
allowance permissible under the federal Social Security Act.
(210 ILCS 45/5-110 new)
Sec. 5-110. Prohibition on retaliation for resident or
facility employee complaint.
(a) Facility owners, management, and employees are
prohibited from retaliating against facility residents or
employees who complain about facility services including the
facility's physical condition, medical care, social supports
and services, access to visitation and time outside the
facility, and any other attribute connected to a resident's
experience of living in a facility.
(b) There is a rebuttable presumption of retaliation if a
resident or employee experiences reduced access to services,
neglect, selective restrictions, hostility, transfer to
another facility, reduction of work hours, reassignment to

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less desirable hours, or threats to take any of these actions
within a year after a resident or employee:
(1) complains of violations or problems applicable to
the facility to a competent governmental agency, elected
representative, or other individual responsible for
enforcing any code applicable to a facility;
(2) complains of violations or problems applicable to
a facility to a community organization or the news media;
(3) complains of violations or problems applicable to
a facility to an ombudsman;
(4) complains of building, health, or similar code
violations or an illegal facility practice to any
government official, ombudsman, or member of the public;
(5) seeks the assistance of a community organization,
union, or the news media to remedy a violation or improper
practice;
(6) seeks assistance for themselves or others to
transition to independent living;
(7) requests the facility make repairs, address
grievances, meet regulatory requirements under a building
code, health ordinance, or other regulation;
(8) requests the facility comply with a care plan;
(9) becomes a member of a resident council, resident
union, employee union, or similar organization;
(10) testifies in any court or administrative
proceeding concerning the condition of the facility; or

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(11) took other good faith action in support of any
other right or remedy provided by law.
(c) Whoever retaliates as prohibited by this Act is liable
for each and every offense for all remedies available at law,
including, but not limited to, future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss
of enjoyment of life, and other nonpecuniary losses, plus
attorney's fees and costs. In addition, where the facility or
facility management is found to have retaliated as prohibited
by this Act, the facility is liable to the complaining
resident for a penalty in the additional amount of 2 times the
facility's monthly billing for that resident.
(d) A resident may allege retaliation as an affirmative
defense to any action to remove or transfer the resident from a
facility.
(e) A claim for retaliation under this Act may be filed in
any court of competent jurisdiction or any administrative
hearing process operated by or through the State and its
departments.
(f) The Office of the State Long Term Care Ombudsman shall
have the power, either directly or by contract with another
entity, to provide legal services to represent residents who
experience retaliation as prohibited by this Act.
(g) The Attorney General shall have the power to enjoin
retaliation and seek payment of the penalty provided in
subsection (c) when the retaliatory conduct impacts 3 or more

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residents or employees.