HB5226 Engrossed

LRB095 18289 DRJ 44373 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Nursing Home Care Act is amended  by changing 
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Section 2-107 as follows:
 



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    (210 ILCS 45/2-107)  (from Ch. 111 1/2, par. 4152-107)



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    Sec. 2-107. Abuse, neglect, or financial exploitation; 
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duty to report. An owner, licensee, administrator, employee or 
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agent of a
facility shall not abuse, or neglect, or financially 
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exploit a resident.  It is the duty of any
facility employee or 
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agent who becomes aware of such abuse, or neglect, or financial 
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exploitation to report it
as provided in "The Abused and 
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Neglected Long Term Care Facility Residents
Reporting Act". For 
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the purpose of this Section, "financial exploitation" has the 
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meaning described in Section 16-1.3 of the Criminal Code of 
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1961.

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    Notwithstanding any other rulemaking authority that may 
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exist, neither the Governor nor any agency or agency head under 
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the jurisdiction of the Governor has any authority to make or 
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promulgate rules to implement or enforce the provisions of this 
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amendatory Act of the 95th General Assembly.  If, however, the 
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Governor believes that rules are necessary to implement or 
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enforce the provisions of this amendatory Act of the 95th 
 


 






HB5226 Engrossed
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LRB095 18289 DRJ 44373 b




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General Assembly, the Governor may suggest rules to the General 
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Assembly by filing them with the Clerk of the House and 
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Secretary of the Senate and by requesting that the General 
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Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this amendatory Act of 
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the 95th General Assembly, "rules" is given the meaning 
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contained in Section 1-70 of the Illinois Administrative 
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Procedure Act, and "agency" and "agency head" are given the 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor. 
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(Source: P.A. 82-120.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.