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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Essential Support Person Act.
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6 | | Section 5. Definitions. In this Act: |
7 | | "Department" means the Department of Public Health. |
8 | | "Essential support" means support that includes, but is |
9 | | not limited to: |
10 | | (1) assistance with activities of daily living; and |
11 | | (2) physical, emotional, psychological, and |
12 | | socialization support for the resident. |
13 | | "Facility" means any of the following: a facility as |
14 | | defined in Section 10 of the Alzheimer's Disease and Related |
15 | | Dementias Special Care Disclosure Act; an assisted living |
16 | | establishment or shared housing establishment as defined in |
17 | | Section 10 of the Assisted Living and Shared Housing Act; a |
18 | | Community Living Facility as defined in Section 3 of the |
19 | | Community Living Facilities Licensing Act; a facility as |
20 | | defined in Section 2 of the Life Care Facilities Act; a |
21 | | continuum of care facility as defined in Section 10 of the |
22 | | Continuum of Care Services for the Developmentally Disabled |
23 | | Act; a facility as defined in Section 1-113 of the Nursing Home |
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1 | | Care Act; a MC/DD facility as defined in Section 1-113 of the |
2 | | MC/DD Act; an ID/DD facility as defined in Section 1-113 of the |
3 | | ID/DD Community Care Act; a hospice program as defined in |
4 | | Section 3 of the Hospice Program Licensing Act; a Supportive |
5 | | Residence as defined in Section 10 of the Supportive |
6 | | Residences Licensing Act; a facility as defined in Section |
7 | | 1-102 of the Specialized Mental Health Rehabilitation Act of |
8 | | 2013; a home, institution, or other place operated by or under |
9 | | the authority of the Department of Veterans' Affairs; an |
10 | | Alzheimer's disease management center alternative health care |
11 | | model under the Alternative Health Care Delivery Act; and a |
12 | | home, institution, or other place that is a State-operated |
13 | | mental health or developmental disability center or facility. |
14 | | "Facility" does not include a hospital as defined in the |
15 | | Hospital Licensing Act or any hospital authorized under the |
16 | | University of Illinois Hospital Act. "Facility" does not |
17 | | include any facility that the Department of Public Health or |
18 | | the Department of Veterans' Affairs does not regulate. |
19 | | "Office" means the Office of State Long Term Care |
20 | | Ombudsman. |
21 | | "Person-centered care plan" means a care plan for a |
22 | | resident developed by the resident or resident's |
23 | | representative in consultation with health professionals that |
24 | | focuses on the resident's physical, emotional, psychological, |
25 | | and socialization needs and describes the resident's right to |
26 | | designate a primary essential support person or secondary |
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1 | | essential support person. |
2 | | "Primary essential support person" means a person |
3 | | designated by a resident, or the resident's representative, |
4 | | who has access to the resident in accordance with rules set by |
5 | | the Department to provide essential support according to the |
6 | | resident's person-centered care plan. |
7 | | "Resident" means a person who is living in a facility or is |
8 | | seeking admission to a facility. "Resident" includes a |
9 | | guardian of the person or an agent for the person under a power |
10 | | of attorney. |
11 | | "Secondary essential support person" means a person |
12 | | designated by the resident, or the resident's representative, |
13 | | to serve as a backup to a primary essential support person.
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14 | | Section 10. Essential support persons. A resident or the |
15 | | resident's representative may designate a primary essential |
16 | | support person and a secondary essential support person who |
17 | | shall have access to the resident despite general visitation |
18 | | restrictions imposed on other visitors, provided that the |
19 | | primary essential support person or secondary essential |
20 | | support person complies with any rules adopted by the |
21 | | Department under Section 15 to protect the health, safety, and |
22 | | well-being of residents. A facility must explain to a resident |
23 | | or the resident's representative what a primary essential |
24 | | support person and a secondary essential support person are.
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1 | | Section 15. Statewide policy; disaster declaration. |
2 | | (a) The Department shall establish a statewide policy for |
3 | | visitation with a resident. The policy shall apply to all |
4 | | facilities and shall incorporate a resident's need for health, |
5 | | safety, and well-being, including, but not limited to, the |
6 | | essential support provided by a primary essential support |
7 | | person or secondary essential support person. |
8 | | (b) If the Governor issues a proclamation under Section 7 |
9 | | of the Illinois Emergency Management Agency Act declaring that |
10 | | a disaster relating to a public health emergency exists, the |
11 | | Department shall, in accordance with applicable federal |
12 | | requirements and guidance, set forth requirements for access |
13 | | to a resident, provided that the requirements shall |
14 | | incorporate a resident's need for essential support provided |
15 | | by a primary essential support person or secondary essential |
16 | | support person. The requirements shall include, but need not |
17 | | be limited to, the circumstances, if any, under which a |
18 | | facility may restrict visitors, including, but not limited to, |
19 | | primary essential support persons and secondary essential |
20 | | support persons designated by a resident. The requirements |
21 | | shall address, at a minimum, the following: |
22 | | (1) Arrangements for regular visitation by visitors |
23 | | and other residents through various means, including, but |
24 | | not limited to: |
25 | | (A) outdoor visitation; |
26 | | (B) the use of technologies to facilitate virtual |
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1 | | visitation when all other forms of visitation are |
2 | | unavailable; and |
3 | | (C) indoor visitation, including, but not limited |
4 | | to, indoor visitation 24 hours per day, 7 days per week |
5 | | when the resident is nearing the end of his or her life |
6 | | as determined by any one or more of the resident's |
7 | | attending health care professionals. |
8 | | (2) The needs of a resident for physical, emotional, |
9 | | psychological, and socialization support based on the |
10 | | resident's person-centered care plan. |
11 | | (3) Safety protocols for all visitors to a facility, |
12 | | including, but not limited to, primary essential support |
13 | | persons or secondary essential support persons, if the |
14 | | Governor issues a proclamation under Section 7 of the |
15 | | Illinois Emergency Management Agency Act declaring that a |
16 | | disaster relating to a public health emergency exists. |
17 | | (4) Allow access to a resident by a primary essential |
18 | | support person or secondary essential support person |
19 | | despite general visitation restrictions, provided that the |
20 | | primary essential support person or secondary essential |
21 | | support person complies with safety protocols established |
22 | | by the Department. |
23 | | (5) If a resident has not designated a primary |
24 | | essential support person, a requirement that facility |
25 | | staff work with the resident or the resident's |
26 | | representative, a family member of the resident, or a Long |
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1 | | Term Care Ombudsman to identify a primary essential |
2 | | support person and provide him or her access to the |
3 | | resident.
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4 | | Section 20. Office of State Long Term Care Ombudsman |
5 | | requirements. |
6 | | (a) The Office of State Long Term Care Ombudsman shall: |
7 | | (1) identify, investigate, and resolve complaints that |
8 | | relate to an action, inaction, or decision that may |
9 | | adversely affect the health, safety, welfare, or rights of |
10 | | residents, including the welfare and rights of residents |
11 | | with respect to primary essential support persons and |
12 | | secondary essential support persons. |
13 | | (2) provide services to protect the health, safety, |
14 | | welfare, and rights of residents, including, but not |
15 | | limited to, services designed to address the impact of |
16 | | socialization, visitation, and the role of primary |
17 | | essential support persons or secondary essential support |
18 | | persons in the health, safety, and well-being of |
19 | | residents; |
20 | | (3) inform residents of available means of obtaining |
21 | | the services described in paragraph (2); |
22 | | (4) recommend any changes in the laws, rules, or |
23 | | policies of this Act or actions required under this Act |
24 | | that the Office determines to be appropriate; and |
25 | | (5) facilitate public comment on the laws, rules, or |