HB2630 98TH GENERAL ASSEMBLY

LRB098 10469 DRJ 40692 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2630

Introduced 2/21/2013, by Rep. Silvana Tabares

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-208	from Ch. 111 1/2, par. 4152-208
210 ILCS 47/2-208
210 ILCS 48/2-208

Amends the Nursing Home Care Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act. Provides that written notice of the death of a resident which occurs at a facility, or the death of a resident who has not been discharged from a facility but whose death occurs elsewhere, shall within 10 days of the resident's death be mailed to the Department of Public Health. Provides that the Department, for the primary purpose of monitoring patterns of abuse and neglect of residents, shall make such notices available to the Guardianship and Advocacy Commission and to the agency designated by the Governor under the Protection and Advocacy for Developmentally Disabled Persons Act. Provides that the notice shall include the name of the resident, the name and address of the facility at which the death occurred, the resident's age, the nature of the resident's condition, including any evidence of previous injuries or disabilities or relevant medical conditions, and any other information which might be helpful in establishing the cause of death. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 changing Section 2-208 as follows:

(210 ILCS 45/2-208) (from Ch. 111 1/2, par. 4152-208)

Sec. 2-208. Notice of resident's death or imminent death.

(a) A facility shall immediately notify the resident's next of kin, representative and physician of the resident's death or when the resident's death appears to be imminent.

(b) Written notice of the death of a resident which occurs at a facility, or the death of a resident who has not been discharged from a facility but whose death occurs elsewhere, shall within 10 days of the resident's death be mailed to the Department of Public Health. The Department, for the primary purpose of monitoring patterns of abuse and neglect of residents, shall make such notices available to the Guardianship and Advocacy Commission and to the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act. The notice shall include the name of the resident, the name and address of the facility at which the death occurred, the resident's age, the nature of the resident's condition, including any evidence of previous injuries or disabilities or relevant medical conditions, and any other information which might be helpful in establishing the cause of death.

(Source: P.A. 81-223.)

Section 10. The ID/DD Community Care Act is amended by changing Section 2-208 as follows:

(210 ILCS 47/2-208)

Sec. 2-208. Notice of death or imminent death, unusual incident, abuse, or neglect.

(a) A facility shall immediately notify the identified resident's next of kin, guardian, resident's representative, and physician of the resident's death or when the resident's death appears to be imminent. A facility shall immediately notify the Department by telephone of a resident's death within 24 hours after the resident's death. The facility shall notify the Department of the death of a facility's resident that does not occur in the facility immediately upon learning of the death. A facility shall promptly notify the coroner or medical examiner of a resident's death in a manner and form to be determined by the Department after consultation with the coroner or medical examiner of the county in which the facility is located. In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of the death of a resident within 72 hours after the death, including a report of any medication errors or other incidents that occurred within 30 days of the resident's death. A facility's failure to comply with this Section shall constitute a Type "B" violation.

(a-5) Written notice of the death of a resident which occurs at a facility, or the death of a resident who has not been discharged from a facility but whose death occurs elsewhere, shall within 10 days of the resident's death be mailed to the Department of Public Health. The Department, for the primary purpose of monitoring patterns of abuse and neglect of residents, shall make such notices available to the Guardianship and Advocacy Commission and to the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act. The notice shall include the name of the resident, the name and address of the facility at which the death occurred, the resident's age, the nature of the resident's condition, including any evidence of previous injuries or disabilities or relevant medical conditions, and any other information which might be helpful in establishing the cause of death.

(b) A facility shall immediately notify the resident's next of kin, guardian, or resident representative of any unusual incident, abuse, or neglect involving the resident. A facility shall immediately notify the Department by telephone of any unusual incident, abuse, or neglect required to be reported pursuant to State law or administrative rule. In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of any unusual incident, abuse, or neglect within one day after the unusual incident, abuse, or neglect occurring. A facility's failure to comply with this Section shall constitute a Type "B" violation. For purposes of this Section, "unusual incident" means serious injury; unscheduled hospital visit for treatment of serious injury; 9-1-1 calls for emergency services directly relating to a resident threat; or stalking of staff or person served that raises health or safety concerns.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)

Section 15. The Specialized Mental Health Rehabilitation Act is amended by changing Section 2-208 as follows:

(210 ILCS 48/2-208)

Sec. 2-208. Notice of death or imminent death.

(a) A facility shall immediately notify the resident's next of kin, representative and physician of the resident's death or when the resident's death appears to be imminent.

(b) Written notice of the death of a resident which occurs at a facility, or the death of a resident who has not been discharged from a facility but whose death occurs elsewhere, shall within 10 days of the resident's death be mailed to the Department of Public Health. The Department, for the primary purpose of monitoring patterns of abuse and neglect of residents, shall make such notices available to the Guardianship and Advocacy Commission and to the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act. The notice shall include the name of the resident, the name and address of the facility at which the death occurred, the resident's age, the nature of the resident's condition, including any evidence of previous injuries or disabilities or relevant medical conditions, and any other information which might be helpful in establishing the cause of death.

(Source: P.A. 97-38, eff. 6-28-11.)

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