Bill Text: IL SB0805 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Older Adult Services Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0805 Detail]

Download: Illinois-2011-SB0805-Amended.html

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Sen. Jacqueline Y. Collins

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 805
AMENDMENT NO. ______. Amend Senate Bill 805 by replacing
everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by
changing Section 3-120 as follows:
(210 ILCS 45/3-120)
Sec. 3-120. Certification of behavioral management units.
(a) No later than January 1, 2011, the Department shall
file with the Joint Committee on Administrative Rules, pursuant
to the Illinois Administrative Procedure Act, proposed rules or
proposed amendments to existing rules to certify distinct
self-contained units within existing nursing homes for the
behavioral management of persons with a high risk of
aggression. The purpose of the certification program is to
ensure that the safety of residents, employees, and the public
is preserved.

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(b) The Department's rules shall, at a minimum, provide for
the following:
(1) A security and safety assessment, completed before
admission to a certified unit if an Identified Offender
Report and Recommendation or other criminal risk analysis
has not been completed, to identify existing or potential
residents at risk of committing violent acts and determine
appropriate preventive action to be taken. The assessment
shall include, but need not be limited to, (i) a measure of
the frequency of, (ii) an identification of the
precipitating factors for, and (iii) the consequences of,
violent acts. The security and safety assessment shall be
in addition to any risk-of-harm assessment performed by a
PAS screener, but may use the results of this or any other
assessment. The security and safety assessment shall be
completed by the same licensed forensic psychologist who
prepares Identified Offender Reports and Recommendations
for identified offenders.
(2) Development of an individualized treatment and
behavior management plan for each resident to reduce
overall and specific risks.
(3) Room selection and appropriateness of roommate
assignment.
(4) Protection of residents, employees, and members of
the public from aggression by residents.
(5) Supervision and monitoring.

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(6) Staffing levels in accordance with subsection (e)
of this Section.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
periodically thereafter, specific to each job description
covering the following topics as appropriate:
(A) The violence escalation cycle.
(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
history of violent behavior.
(D) Verbal and physical techniques to de-escalate
and minimize violent behavior.
(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
governed by law.
(G) Appropriate treatment to reduce violent
behavior.
(H) Documenting and reporting incidents of
violence.
(I) The process whereby employees affected by a
violent act may be debriefed or calmed down and the
tension of the situation may be reduced.
(J) Any resources available to employees for
coping with violence.
(K) Any other topic deemed appropriate based on job
description and the needs of this population.

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(9) Elimination or reduction of environmental factors
that affect resident safety.
(10) Periodic independent reassessment of the
individual resident for appropriateness of continued
placement on the certified unit. For the purposes of this
paragraph (10), "independent" means that no professional
or financial relationship exists between any person making
the assessment and any community provider or long term care
facility.
(11) A definition of a "person with high risk of
aggression".
The Department shall develop the administrative rules
under this subsection (b) in collaboration with other relevant
State agencies and in consultation with (i) advocates for
residents, (ii) providers of nursing home services, and (iii)
labor and employee-representation organizations.
(c) A long term care facility found to be out of compliance
with the certification requirements under Section 3-120 may be
subject to denial, revocation, or suspension of the behavioral
management unit certification or the imposition of sanctions
and penalties, including the immediate suspension of new
admissions. Hearings shall be conducted pursuant to Part 7 of
Article III of this Act.
(d) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing long

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term care facilities.
(e) In order to determine the number of nursing personnel
needed to staff any facility as defined in Section 1-113 of
this Act, the following procedures shall be used:
(1) The facility shall determine the number of
residents needing (A) skilled, (B) general intermediate,
and (C) light intermediate or sheltered care.
(2) The number of residents in each of the 3 categories
set forth in paragraph (1) of this subsection (e) shall be
multiplied by the overall hours of coverage needed each day
for each category.
(3) The number of hours of care needed for the
residents in each of the 3 categories set forth in
paragraph (1) of this subsection (e) shall be added to
obtain the total hours of care needed by all residents in
the facility.
(4) The total hours needed each day shall be multiplied
by the percentages assigned to each shift to obtain the
total minimum hours of care that must be provided on a
shift.
(5) The total minimum hours of care needed on each
shift shall be multiplied by 20% to obtain the minimum
amount of registered nurse time that shall be provided
during a 24-hour period.
If, after demonstrated and document attempts, a nursing
facility located outside of a county having a population of

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3,000,000 or more is not able to hire the sufficient number of
registered nurses to meet the requirements of this subsection
(e), then the nursing facility must inform the Department that
the nursing facility shall use licensed nurses to meet the
mandated nurse coverage until the nursing facility is able to
secure the registered nurse personnel.
(Source: P.A. 96-1372, eff. 7-29-10.)".