Bill Text: IL HB4261 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children and Family Services Act. Removes a requirement that the Holistic Mental Health Care for Youth in Care Task Force make recommendations resulting from its study in certain quarterly reports. Requires the Task Force to submit its final report no later than December 31, 2025 (rather than 2024). Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Creates the Creative Economy Task Force, subject to appropriation, with certain requirements. Amends the Task Force on Missing and Murdered Chicago Women Act. Adds to the Task Force two Chicago police officers, with certain requirements. Amends the Community Land Trust Task Force Act. Provides that the Community Land Trust Task Force shall meet at least 6 times before July 1, 2025 (rather than December 31, 2024). Provides that the Task Force shall submit its final report no later than December 31, 2025 (rather than December 31, 2024). Provides that the Task Force is dissolved and the Act is repealed on December 31, 2025 (rather than December 31, 2024). Amends the Illinois Flag Commission Act. Provides that the Commission shall select, on or before January 1, 2025 (rather than September 1, 2024), a group of no more than 10 proposed flag designs that meet certain requirements. Provides that the Commission shall, on or before April 1, 2025 (rather than December 3, 2024), submit to the General Assembly a written report. Provides that the Chair of the Commission shall convene the first meeting by no later than June 30, 2024 (rather than September 1, 2023). Amends the Alternative Protein Innovation Task Force Act. Provides that the Alternative Protein Innovation Task Force shall submit a report of its findings and recommendations to the General Assembly by no later than June 30, 2025 (rather than June 30, 2024). Requires the Task Force to be dissolved on December 31, 2025 (rather than December 31, 2024). Provides that the Alternative Protein Innovation Task Force Act is repealed on January 1, 2026 (rather than January 1, 2025). Amends the Legislative Commission Reorganization Act of 1984. Removes a requirement that the Commission on Government Forecasting and Accountability report to the Governor and the General Assembly within 15 days after the convening of each General Assembly. Amends the School Code. Provides that the Teacher Performance Assessment Task Force shall report on its work, including certain recommendations, to the State Board of Education and the General Assembly on or before October 31, 2024 (rather than August 1, 2024). Amends the Rental Housing Support Program Act. Provides that a report delineating the Illinois Rental Housing Support Program Funding Allocation Task Force's findings, conclusions, and recommendations shall be submitted to the General Assembly by no later than September 30, 2024 (rather than September 30, 2023). Provides that certain provisions relating to the Illinois Rental Housing Support Program Funding Allocation Task Force in the Rental Housing Support Program Act shall be repealed on September 30, 2025 (rather than September 30, 2024). Amends the State's Attorney's Appellate Prosecutor's Act. Provides that the board of governors over the Office of the State's Attorneys Appellate Prosecutor shall meet at least once every 6 months (rather than 3 months). Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0811 [HB4261 Detail]

Download: Illinois-2023-HB4261-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
(Text of Section after amendment by P.A. 103-329)
Sec. 4.04. Long Term Care Ombudsman Program. The purpose
of the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the

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Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended. The Long Term Care
Ombudsman Program is authorized, subject to sufficient
appropriations, to advocate on behalf of older persons and
persons with disabilities residing in their own homes or
community-based settings, relating to matters which may
adversely affect the health, safety, welfare, or rights of
such individuals.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment or supportive
living facility;
(ii) Communicate privately and without restriction
with any resident, regardless of age, who consents to
the communication;
(iii) Seek consent to communicate privately and
without restriction with any participant or resident,
regardless of age;
(iv) Inspect and copy the clinical and other
records of a participant or resident, regardless of
age, with the express written consent of the
participant or resident;
(v) Observe all areas of the long term care

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facility or supportive living facilities, assisted
living or shared housing establishment except the
living area of any resident who protests the
observation; and
(vi) Subject to permission of the participant or
resident requesting services or his or her
representative, enter a home or community-based
setting.
(2) "Long Term Care Facility" means (i) any facility
as defined by Section 1-113 of the Nursing Home Care Act,
as now or hereafter amended; (ii) any skilled nursing
facility or a nursing facility which meets the
requirements of Section 1819(a), (b), (c), and (d) or
Section 1919(a), (b), (c), and (d) of the Social Security
Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
(b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
(d)); (iii) any facility as defined by Section 1-113 of
the ID/DD Community Care Act, as now or hereafter amended;
(iv) any facility as defined by Section 1-113 of MC/DD
Act, as now or hereafter amended; and (v) any facility
licensed under Section 4-105 or 4-201 of the Specialized
Mental Health Rehabilitation Act of 2013, as now or
hereafter amended.
(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

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Act.
(2.7) "Supportive living facility" means a facility
established under Section 5-5.01a of the Illinois Public
Aid Code.
(2.8) "Community-based setting" means any place of
abode other than an individual's private home.
(3) "State Long Term Care Ombudsman" means any person
employed by the Department to fulfill the requirements of
the Office of State Long Term Care Ombudsman as required
under the Older Americans Act of 1965, as now or hereafter
amended, and Departmental policy.
(3.1) "Ombudsman" means any designated representative
of the State Long Term Care Ombudsman Program; provided
that the representative, whether he is paid for or
volunteers his ombudsman services, shall be qualified and
designated by the Office to perform the duties of an
ombudsman as specified by the Department in rules and in
accordance with the provisions of the Older Americans Act
of 1965, as now or hereafter amended.
(4) "Participant" means an older person aged 60 or
over or an adult with a disability aged 18 through 59 who
is eligible for services under any of the following:
(i) A medical assistance waiver administered by
the State.
(ii) A managed care organization providing care
coordination and other services to seniors and persons

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with disabilities.
(5) "Resident" means an older person aged 60 or over
or an adult with a disability aged 18 through 59 who
resides in a long-term care facility.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time
ombudsman and shall include a system of designated regional
long term care ombudsman programs. 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
program shall be treated as a representative of the Office.
The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman
and the designated regional Ombudsman programs. The
administrative rules shall include the responsibility of the
Office and designated regional programs to investigate and
resolve complaints made by or on behalf of residents of long
term care facilities, supportive living facilities, and
assisted living and shared housing establishments, and
participants residing in their own homes or community-based
settings, including the option to serve residents and
participants under the age of 60, relating to actions,
inaction, or decisions of providers, or their representatives,

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of such facilities and establishments, of public agencies, or
of social services agencies, which may adversely affect the
health, safety, welfare, or rights of such residents and
participants. The Office and designated regional programs may
represent all residents and participants, but are not required
by this Act to represent persons under 60 years of age, except
to the extent required by federal law. When necessary and
appropriate, representatives of the Office shall refer
complaints to the appropriate regulatory State agency. The
Department, in consultation with the Office, shall cooperate
with the Department of Human Services and other State agencies
in 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 participants
they serve.
The State Long Term Care Ombudsman and all other
ombudsmen, as defined in paragraph (3.1) of subsection (b)
must submit to background checks under the Health Care Worker
Background Check Act and receive training, as prescribed by
the Illinois Department on Aging, before visiting facilities,
private homes, or community-based settings. The training must
include information specific to assisted living
establishments, supportive living facilities, shared housing
establishments, private homes, and community-based settings

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and to the rights of residents and participants guaranteed
under the corresponding Acts and administrative rules.
(c-5) Consumer Choice Information Reports. The Office
shall:
(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities to aid
Illinoisans and their families in making informed choices
about long term care. The Office shall create a Consumer
Choice Information Report for each type of licensed long
term care facility. The Office shall collaborate with the
Attorney General and the Department of Human Services to
create a Consumer Choice Information Report form for
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act.
(2) Develop a database of Consumer Choice Information
Reports completed by licensed long term care facilities
that includes information in the following consumer
categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.
(C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.

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(H) Rooms, Furnishings, and Equipment.
(I) Family, Volunteer, and Visitation Provisions.
(3) Make this information accessible to the public,
including on the Internet by means of a hyperlink on the
Office's World Wide Web home page. Information about
facilities licensed under the ID/DD Community Care Act or
the MC/DD Act shall be made accessible to the public by the
Department of Human Services, including on the Internet by
means of a hyperlink on the Department of Human Services'
"For Customers" website.
(4) Have the authority, with the Attorney General, to
verify that information provided by a facility is
accurate.
(5) Request a new report from any licensed facility
whenever it deems necessary.
(6) Include in the Office's Consumer Choice
Information Report for each type of licensed long term
care facility additional information on each licensed long
term care facility in the State of Illinois, including
information regarding each facility's compliance with the
relevant State and federal statutes, rules, and standards;
customer satisfaction surveys; and information generated
from quality measures developed by the Centers for
Medicare and Medicaid Services.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of

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paragraph (3) of subsection (c) of Section 1819 and
subparagraphs (A) and (E) of paragraph (3) of subsection
(c) of Section 1919 of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
Older Americans Act of 1965, as now or hereafter amended
(42 U.S.C. 3058f), a long term care facility, supportive
living facility, assisted living establishment, and shared
housing establishment must:
(i) permit immediate access to any resident,
regardless of age, by a designated ombudsman;
(ii) permit representatives of the Office, with
the permission of the resident, the resident's legal
representative, or the resident's legal guardian, to
examine and copy a resident's clinical and other
records, regardless of the age of the resident, and if
a resident is unable to consent to such review, and has
no legal guardian, permit representatives of the
Office appropriate access, as defined by the
Department, in consultation with the Office, in
administrative rules, to the resident's records; and
(iii) permit a representative of the Program to
communicate privately and without restriction with any
participant who consents to the communication
regardless of the consent of, or withholding of
consent by, a legal guardian or an agent named in a

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power of attorney executed by the participant.
(2) Each long term care facility, supportive living
facility, assisted living establishment, and shared
housing establishment shall display, in multiple,
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.
(e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or
attempt to impede in any way any representative of the
Office in the performance of his official duties under
this Act and the Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate
against, or effect reprisals against any long term
care facility resident or employee for contacting or
providing information to any representative of the
Office.

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(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The State Long Term Care Ombudsman shall notify
the State's Attorney of the county in 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.
(g) Confidentiality of records and identities. All records
containing resident, participant, and complainant information
collected by the Long Term Care Ombudsman Program are
confidential and shall not be disclosed outside of the program
without a lawful subpoena or the permission of the State
Ombudsman. The State Ombudsman, at his or her discretion, may
disclose resident or participant information if it is in the
best interest of the resident or participant. The Department
shall establish procedures for the disclosure of program
records by the State Ombudsman. The or the regional ombudsmen
entities of files maintained by the program. The procedures
shall provide that the files and records may be disclosed only
at the discretion of the State Long Term Care Ombudsman or the
person designated by the State Ombudsman to disclose the files
and records, and the procedures shall prohibit the disclosure
of the identity of any complainant, resident, participant,
witness, or employee of a long term care provider in case
records unless:
(1) the complainant, resident, participant, witness,

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or employee of a long term care provider or his or her
legal representative consents to the disclosure and the
consent is in writing;
(2) the complainant, resident, participant, witness,
or employee of a long term care provider or the resident or
participant's legal representative gives consent orally;
and the consent is documented contemporaneously in writing
in accordance with such requirements as the Department
shall establish; or
(3) the disclosure is required by court order.
(h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
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.
(i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the
medical supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility
operated exclusively by and for members or adherents of any
church or religious denomination the tenets and practices of
which include reliance solely upon spiritual means through
prayer for healing.
(j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the

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