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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 | Authorized Electronic Monitoring in Long-Term Care Facilities | ||||||
6 | Act.
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7 | Section 5. Definitions. As used in this Act:
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8 | "Authorized electronic monitoring" means the placement and | ||||||
9 | use of an electronic monitoring device by a resident in his or | ||||||
10 | her room in accordance with this Act. | ||||||
11 | "Department" means the Department of Public Health.
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12 | "Electronic monitoring device" means a surveillance | ||||||
13 | instrument with a fixed position video camera or an audio | ||||||
14 | recording device, or a combination thereof, that is installed | ||||||
15 | in a resident's room under the provisions of this Act and | ||||||
16 | broadcasts or records activity or sounds occurring in the room. | ||||||
17 | "Facility" means an intermediate care facility for the | ||||||
18 | developmentally disabled licensed under the ID/DD Community | ||||||
19 | Care Act that has 30 beds or more, a long-term care for under | ||||||
20 | age 22 facility licensed under the ID/DD Community Care Act, or | ||||||
21 | a facility licensed under the Nursing Home Care Act. | ||||||
22 | "Resident" means a person residing in a facility. | ||||||
23 | "Resident's representative" has the meaning given to that |
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1 | term in (1) Section 1-123 of the Nursing Home Care Act if the | ||||||
2 | resident resides in a facility licensed under the Nursing Home | ||||||
3 | Care Act or (2) Section 1-123 of the ID/DD Community Care Act | ||||||
4 | if the resident resides in a facility licensed under the ID/DD | ||||||
5 | Community Care Act.
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6 | Section 10. Authorized electronic monitoring. | ||||||
7 | (a) A resident shall be permitted to conduct authorized | ||||||
8 | electronic monitoring of the resident's room through the use of | ||||||
9 | electronic monitoring devices placed in the room pursuant to | ||||||
10 | this Act. | ||||||
11 | (b) Nothing in this Act shall be construed to allow the use | ||||||
12 | of an electronic monitoring device to take still photographs or | ||||||
13 | for the nonconsensual interception of private communications.
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14 | Section 15. Consent.
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15 | (a) Except as otherwise provided in this subsection, a | ||||||
16 | resident, a resident's plenary guardian of the person, or the | ||||||
17 | parent of a resident under the age of 18 must consent in | ||||||
18 | writing on a notification and consent form prescribed by the | ||||||
19 | Department to the authorized electronic monitoring in the | ||||||
20 | resident's room. If the resident has not affirmatively objected | ||||||
21 | to the authorized electronic monitoring and the resident's | ||||||
22 | physician determines that the resident lacks the ability to | ||||||
23 | understand and appreciate the nature and consequences of | ||||||
24 | electronic monitoring, the following individuals may consent |
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1 | on behalf of the resident, in order of priority: | ||||||
2 | (1) a health care agent named under the Illinois Power | ||||||
3 | of Attorney Act; | ||||||
4 | (2) a resident's representative, as defined in Section | ||||||
5 | 5 of this Act; | ||||||
6 | (3) the resident's spouse; | ||||||
7 | (4) the resident's parent; | ||||||
8 | (5) the resident's adult child who has the written | ||||||
9 | consent of the other adult children of the resident to act | ||||||
10 | as the sole decision maker regarding authorized electronic | ||||||
11 | monitoring; or | ||||||
12 | (6) the resident's adult brother or sister who has the | ||||||
13 | written consent of the other adult siblings of the resident | ||||||
14 | to act as the sole decision maker regarding authorized | ||||||
15 | electronic monitoring. | ||||||
16 | (a-5) Prior to another person, other than a resident's | ||||||
17 | plenary guardian of the person, consenting on behalf of a | ||||||
18 | resident 18 years of age or older in accordance with this | ||||||
19 | Section, the resident must be asked by that person, in the | ||||||
20 | presence of a facility employee, if he or she wants authorized | ||||||
21 | electronic monitoring to be conducted. The person must explain | ||||||
22 | to the resident: | ||||||
23 | (1) the type of electronic monitoring device to be | ||||||
24 | used; | ||||||
25 | (2) the standard conditions that may be placed on the | ||||||
26 | electronic monitoring device's use, including those listed |
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1 | in paragraph (7) of subsection (b) of Section 20; | ||||||
2 | (3) with whom the recording may be shared according to | ||||||
3 | Section 45; and | ||||||
4 | (4) the resident's ability to decline all recording. | ||||||
5 | For the purposes of this subsection, a resident | ||||||
6 | affirmatively objects when he or she orally, visually, or | ||||||
7 | through the use of auxiliary aids or services declines | ||||||
8 | authorized electronic monitoring. The resident's response must | ||||||
9 | be documented on the notification and consent form. | ||||||
10 | (b) A resident or roommate may consent to authorized | ||||||
11 | electronic monitoring with any conditions of the resident's | ||||||
12 | choosing, including, but not limited to, the list of standard | ||||||
13 | conditions provided in paragraph (7) of subsection (b) of | ||||||
14 | Section 20. A resident or roommate may request that the | ||||||
15 | electronic monitoring device be turned off or the visual | ||||||
16 | recording component of the electronic monitoring device be | ||||||
17 | blocked at any time. | ||||||
18 | (c) Prior to the authorized electronic monitoring, a
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19 | resident must obtain the written consent of any other resident
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20 | residing in the room on the notification and consent form | ||||||
21 | prescribed by the Department. Except as otherwise provided in | ||||||
22 | this subsection, a roommate, a roommate's plenary guardian of | ||||||
23 | the person, or the parent of a roommate under the age of 18 | ||||||
24 | must consent in writing to the authorized electronic monitoring | ||||||
25 | in the resident's room. If the roommate has not affirmatively | ||||||
26 | objected to the authorized electronic monitoring in accordance |
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1 | with subsection (a-5) and the roommate's physician determines | ||||||
2 | that the roommate lacks the ability to understand and | ||||||
3 | appreciate the nature and consequences of electronic | ||||||
4 | monitoring, the following individuals may consent on behalf of | ||||||
5 | the roommate, in order of priority: | ||||||
6 | (1) a health care agent named under the Illinois Power | ||||||
7 | of Attorney Act; | ||||||
8 | (2) a roommate's resident's representative, as defined | ||||||
9 | in Section 5 of this Act; | ||||||
10 | (3) the roommate's spouse; | ||||||
11 | (4) the roommate's parent; | ||||||
12 | (5) the roommate's adult child who has the written | ||||||
13 | consent of the other adult children of the resident to act | ||||||
14 | as the sole decision maker regarding authorized electronic | ||||||
15 | monitoring; or | ||||||
16 | (6) the roommate's adult brother or sister who has the | ||||||
17 | written consent of the other adult siblings of the resident | ||||||
18 | to act as the sole decision maker regarding authorized | ||||||
19 | electronic monitoring. | ||||||
20 | (c-5) Consent by a roommate under subsection (c) authorizes | ||||||
21 | the resident's use of any recording obtained under this Act, as | ||||||
22 | provided in Section 45 of this Act. | ||||||
23 | (c-7) Any resident previously conducting authorized | ||||||
24 | electronic monitoring must obtain consent from any new roommate | ||||||
25 | before the resident may resume authorized electronic | ||||||
26 | monitoring.
If a new roommate does not consent to authorized |
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1 | electronic monitoring and the resident conducting the | ||||||
2 | authorized electronic monitoring does not remove or disable the | ||||||
3 | electronic monitoring device, the facility may turn off the | ||||||
4 | device. | ||||||
5 | (d) Consent may be withdrawn by the resident or roommate at | ||||||
6 | any time, and the
withdrawal of consent shall be documented in | ||||||
7 | the resident's
clinical record. If a roommate withdraws consent | ||||||
8 | and the resident
conducting the authorized electronic | ||||||
9 | monitoring does not
remove or disable the electronic monitoring | ||||||
10 | device, the
facility may turn off the electronic monitoring | ||||||
11 | device. | ||||||
12 | (e) If a resident who is residing in a shared room wants to | ||||||
13 | conduct authorized electronic monitoring and another resident | ||||||
14 | living in or moving into the same shared room refuses to | ||||||
15 | consent to the use of an electronic monitoring device, the | ||||||
16 | facility shall make a reasonable attempt to accommodate the | ||||||
17 | resident who wants to conduct authorized electronic | ||||||
18 | monitoring. A facility has met the requirement to make a | ||||||
19 | reasonable attempt to accommodate a resident who wants to | ||||||
20 | conduct authorized electronic monitoring when upon | ||||||
21 | notification that a roommate has not consented to the use of an | ||||||
22 | electronic monitoring device in his or her room, the facility | ||||||
23 | offers to move either resident to another shared room that is | ||||||
24 | available at the time of the request. If a resident chooses to | ||||||
25 | reside in a private room in order to accommodate the use of an | ||||||
26 | electronic monitoring device, the resident must pay the private |
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1 | room rate. If a facility is unable to accommodate a resident | ||||||
2 | due to lack of space, the facility must reevaluate the request | ||||||
3 | every 2 weeks until the request is fulfilled.
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4 | Section 20. Notice to the facility.
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5 | (a) Authorized electronic monitoring may begin only after a | ||||||
6 | notification and consent form prescribed by the Department has | ||||||
7 | been completed and submitted to the facility.
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8 | (b) A resident shall notify the facility in writing of his | ||||||
9 | or her intent to install an electronic monitoring device by | ||||||
10 | providing a completed notification and consent form prescribed | ||||||
11 | by the Department that must include, at minimum, the following | ||||||
12 | information: | ||||||
13 | (1) the resident's signed consent to electronic | ||||||
14 | monitoring or the signature of the person consenting on | ||||||
15 | behalf of the resident in accordance with Section 15 of | ||||||
16 | this Act; if a person other than the resident signs the | ||||||
17 | consent form, the form must document the following:
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18 | (A) the date the resident was asked if he or she | ||||||
19 | wants authorized electronic monitoring to be conducted | ||||||
20 | in accordance with subsection (a-5) of Section 15; | ||||||
21 | (B) who was present when the resident was asked; | ||||||
22 | and | ||||||
23 | (C) an acknowledgement that the resident did not | ||||||
24 | affirmatively object; and | ||||||
25 | (2) the resident's roommate's signed consent or the |
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1 | signature of the person consenting on behalf of the | ||||||
2 | resident in accordance with Section 15 of this Act, if | ||||||
3 | applicable, and any conditions placed on the roommate's | ||||||
4 | consent; if a person other than the roommate signs the | ||||||
5 | consent form, the form must document the following: | ||||||
6 | (A) the date the roommate was asked if he or she | ||||||
7 | wants authorized electronic monitoring to be conducted | ||||||
8 | in accordance with subsection (a-5) of Section 15; | ||||||
9 | (B) who was present when the roommate was asked; | ||||||
10 | and | ||||||
11 | (C) an acknowledgement that the roommate did not | ||||||
12 | affirmatively object; and | ||||||
13 | (3) the type of electronic monitoring device to be | ||||||
14 | used; | ||||||
15 | (4) any installation needs, such as mounting of a | ||||||
16 | device to a wall or ceiling; | ||||||
17 | (5) the proposed date of installation for scheduling | ||||||
18 | purposes; | ||||||
19 | (6) a copy of any contract for maintenance of the | ||||||
20 | electronic monitoring device by a commercial entity; | ||||||
21 | (7) a list of standard conditions or restrictions that | ||||||
22 | the resident or a roommate may elect to place on use of the | ||||||
23 | electronic monitoring device, including, but not limited | ||||||
24 | to: | ||||||
25 | (A) prohibiting audio recording; | ||||||
26 | (B) prohibiting broadcasting of audio or video; |
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1 | (C) turning off the electronic monitoring device | ||||||
2 | or blocking the visual recording component of the | ||||||
3 | electronic monitoring device for the duration of an | ||||||
4 | exam or procedure by a health care professional; | ||||||
5 | (D) turning off the electronic monitoring device | ||||||
6 | or blocking the visual recording component of the | ||||||
7 | electronic monitoring device while dressing or bathing | ||||||
8 | is performed; and | ||||||
9 | (E) turning the electronic monitoring device off | ||||||
10 | for the duration of a visit with a spiritual advisor, | ||||||
11 | ombudsman, attorney, financial planner, intimate | ||||||
12 | partner, or other visitor; and | ||||||
13 | (8) any other condition or restriction elected by the | ||||||
14 | resident or roommate on the use of an electronic monitoring | ||||||
15 | device.
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16 | (c) A copy of the completed notification and consent form | ||||||
17 | shall be placed in the resident's and any roommate's clinical | ||||||
18 | record and a copy shall be provided to the resident and his or | ||||||
19 | her roommate, if applicable. | ||||||
20 | (d) The Department shall prescribe the notification and | ||||||
21 | consent form required in this Section no later than 60 days | ||||||
22 | after the effective date of this Act. If the Department has not | ||||||
23 | prescribed such a form by that date, the Office of the Attorney | ||||||
24 | General shall post a notification and consent form on its | ||||||
25 | website for resident use until the Department has prescribed | ||||||
26 | the form.
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1 | Section 25. Cost and installation.
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2 | (a) A resident choosing to conduct authorized electronic | ||||||
3 | monitoring must do so at his or her own expense, including | ||||||
4 | paying purchase, installation, maintenance, and removal costs. | ||||||
5 | (b) If a resident chooses to install an electronic | ||||||
6 | monitoring device that uses Internet technology for visual or | ||||||
7 | audio monitoring, that resident is responsible for contracting | ||||||
8 | with an Internet service provider. | ||||||
9 | (c) The facility shall make a reasonable attempt to | ||||||
10 | accommodate the resident's installation needs, including, but | ||||||
11 | not limited to, allowing access to the facility's | ||||||
12 | telecommunications or equipment room. A facility has the burden | ||||||
13 | of proving that a requested accommodation is not reasonable. | ||||||
14 | (d) The electronic monitoring device must be placed in a | ||||||
15 | conspicuously visible location in the room. | ||||||
16 | (e) A facility may not charge the resident a fee for the | ||||||
17 | cost of electricity used by an electronic monitoring device. | ||||||
18 | (f) All electronic monitoring device installations and | ||||||
19 | supporting services shall comply with the requirements of the | ||||||
20 | National Fire Protection Association (NFPA) 101 Life Safety | ||||||
21 | Code (2000 edition).
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22 | Section 27. Assistance program. | ||||||
23 | (a) Subject to appropriation, the Department shall | ||||||
24 | establish a program to assist residents receiving medical |
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1 | assistance under Article V of the Illinois Public Aid Code in | ||||||
2 | accessing authorized electronic monitoring.
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3 | (b) The Department shall distribute up to $50,000 in funds | ||||||
4 | on an annual basis to residents receiving medical assistance | ||||||
5 | under Article V of the Illinois Public Aid Code for the | ||||||
6 | purchase and installation of authorized electronic monitoring | ||||||
7 | devices.
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8 | (c) Applications for funds and disbursement of funds must | ||||||
9 | be made in a manner prescribed by the Department.
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10 | Section 30. Notice to visitors.
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11 | (a) If a resident of a facility conducts authorized | ||||||
12 | electronic monitoring, a sign shall be clearly and | ||||||
13 | conspicuously posted at all building entrances accessible to | ||||||
14 | visitors. The notice must be entitled "Electronic Monitoring" | ||||||
15 | and must state, in large, easy-to-read type, "The rooms of some | ||||||
16 | residents may be monitored electronically by or on behalf of | ||||||
17 | the residents.".
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18 | (b) A sign shall be clearly and conspicuously posted at the | ||||||
19 | entrance to a resident's room where authorized electronic | ||||||
20 | monitoring is being conducted. The notice must state, in large, | ||||||
21 | easy-to-read type, "This room is electronically monitored.". | ||||||
22 | (c) The facility is responsible for installing and | ||||||
23 | maintaining the signage required in this Section.
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24 | Section 40. Obstruction of electronic monitoring devices.
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1 | (a) A person or entity is prohibited from knowingly | ||||||
2 | hampering, obstructing, tampering with, or destroying an | ||||||
3 | electronic monitoring device installed in a resident's room | ||||||
4 | without the permission of the resident or the individual who | ||||||
5 | consented on behalf of the resident in accordance with Section | ||||||
6 | 15 of this Act. | ||||||
7 | (b) A person or entity is prohibited from knowingly | ||||||
8 | hampering, obstructing, tampering with, or destroying a video | ||||||
9 | or audio recording obtained in accordance with this Act without | ||||||
10 | the permission of the resident or the individual who consented | ||||||
11 | on behalf of the resident in accordance with Section 15 of this | ||||||
12 | Act. | ||||||
13 | (c) A person or entity that violates this Section is guilty | ||||||
14 | of a Class B misdemeanor. A person or entity that violates this | ||||||
15 | Section in the commission of or to conceal a misdemeanor | ||||||
16 | offense is guilty of a Class A misdemeanor. A person or entity | ||||||
17 | that violates this Section in the commission of or to conceal a | ||||||
18 | felony offense is guilty of a Class 4 felony.
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19 | (d) It is not a violation of this Section if a person or | ||||||
20 | facility turns off the electronic monitoring device or blocks | ||||||
21 | the visual recording component of the electronic monitoring | ||||||
22 | device at the direction of the resident or the person who | ||||||
23 | consented on behalf of the resident in accordance with Section | ||||||
24 | 15 of this Act.
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25 | Section 45. Dissemination of recordings. |
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1 | (a) A facility may not access any video or audio recording | ||||||
2 | created through authorized electronic monitoring without the | ||||||
3 | written consent of the resident or the person who consented on | ||||||
4 | behalf of the resident in accordance with Section 15 of this | ||||||
5 | Act.
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6 | (b) Except as required under the Freedom of Information | ||||||
7 | Act, a recording or copy of a recording made pursuant to this | ||||||
8 | Act may only be disseminated for the purpose of addressing | ||||||
9 | concerns relating to the health, safety, or welfare of a | ||||||
10 | resident or residents. | ||||||
11 | (c) The resident or person who consented on behalf of the | ||||||
12 | resident in accordance with Section 15 of this Act shall | ||||||
13 | provide a copy of any video or audio recording to parties | ||||||
14 | involved in a civil, criminal, or administrative proceeding, | ||||||
15 | upon a party's request, if the video or audio recording was | ||||||
16 | made during the time period that the conduct at issue in the | ||||||
17 | proceeding allegedly occurred.
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18 | Section 50. Admissibility of evidence. Subject to | ||||||
19 | applicable rules of evidence and procedure, any video or audio | ||||||
20 | recording created through authorized electronic monitoring in | ||||||
21 | accordance with this Act may be admitted into evidence in a | ||||||
22 | civil, criminal, or administrative proceeding if the contents | ||||||
23 | of the recording have not been edited or artificially enhanced | ||||||
24 | and the video recording includes the date and time the events | ||||||
25 | occurred.
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1 | Section 55. Report. Each facility shall report to the | ||||||
2 | Department, in a manner prescribed by the Department, the | ||||||
3 | number of authorized electronic monitoring notification and | ||||||
4 | consent forms received annually. The Department shall report | ||||||
5 | the total number of authorized electronic monitoring | ||||||
6 | notification and consent forms received by facilities to the | ||||||
7 | Office of the Attorney General annually.
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8 | Section 60. Liability. | ||||||
9 | (a) A facility is not civilly or criminally liable for the | ||||||
10 | inadvertent or intentional disclosure of a recording by a | ||||||
11 | resident or a person who consents on behalf of the resident for | ||||||
12 | any purpose not authorized by this Act. | ||||||
13 | (b) A facility is not civilly or criminally liable for a | ||||||
14 | violation of a resident's right to privacy arising out of any | ||||||
15 | electronic monitoring conducted pursuant to this Act.
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16 | Section 65. Rules. The Department shall adopt rules | ||||||
17 | necessary to implement this Act.
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18 | Section 70. The Nursing Home Care Act is amended by | ||||||
19 | changing Section 3-318 and by adding Section 2-115 as follows:
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20 | (210 ILCS 45/2-115 new) | ||||||
21 | Sec. 2-115. Authorized electronic monitoring of a |
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1 | resident's room. A resident shall be permitted to conduct | ||||||
2 | authorized electronic monitoring of the resident's room | ||||||
3 | through the use of electronic monitoring devices placed in the | ||||||
4 | room pursuant to the Authorized Electronic Monitoring in | ||||||
5 | Long-Term Care Facilities Act.
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6 | (210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)
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7 | Sec. 3-318. (a) No person shall:
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8 | (1) Intentionally fail to correct or interfere | ||||||
9 | with the correction of
a Type "AA", Type "A", or Type | ||||||
10 | "B" violation within the time specified on the notice | ||||||
11 | or
approved plan of correction under this Act as the | ||||||
12 | maximum period given for
correction, unless an | ||||||
13 | extension is granted and the corrections are made
| ||||||
14 | before expiration of extension;
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15 | (2) Intentionally prevent, interfere with, or | ||||||
16 | attempt to impede in any
way any duly authorized | ||||||
17 | investigation and enforcement of this Act;
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18 | (3) Intentionally prevent or attempt to prevent | ||||||
19 | any examination of
any relevant books or records | ||||||
20 | pertinent to investigations
and enforcement of this | ||||||
21 | Act;
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22 | (4) Intentionally prevent or interfere with the | ||||||
23 | preservation of
evidence pertaining to any violation | ||||||
24 | of this Act or the rules
promulgated under this Act;
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25 | (5) Intentionally retaliate or discriminate |
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1 | against any resident or
employee for contacting or | ||||||
2 | providing information to any state official, or
for | ||||||
3 | initiating, participating in, or testifying in an | ||||||
4 | action for any remedy
authorized under this Act;
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5 | (6) Wilfully file any false, incomplete or | ||||||
6 | intentionally misleading
information required to be | ||||||
7 | filed under this Act, or wilfully fail or refuse
to | ||||||
8 | file any required information; or
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9 | (7) Open or operate a facility without a license ; .
| ||||||
10 | (8) Intentionally retaliate or discriminate | ||||||
11 | against any resident for consenting to authorized | ||||||
12 | electronic monitoring under the Authorized Electronic | ||||||
13 | Monitoring in Long-Term Care Facilities Act; or | ||||||
14 | (9) Prevent the installation or use of an | ||||||
15 | electronic monitoring device by a resident who has | ||||||
16 | provided the facility with notice and consent as | ||||||
17 | required in Section 20 of the Authorized Electronic | ||||||
18 | Monitoring in Long-Term Care Facilities Act. | ||||||
19 | (b) A violation of this Section is a business offense, | ||||||
20 | punishable by a
fine not to exceed $10,000, except as otherwise | ||||||
21 | provided in subsection (2)
of Section 3-103 as to submission of | ||||||
22 | false or misleading information in
a license application.
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23 | (c) The State's Attorney of the county in which the | ||||||
24 | facility is
located, or the Attorney General, shall be notified | ||||||
25 | by the Director
of any violations of this Section.
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26 | (Source: P.A. 96-1372, eff. 7-29-10.)
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1 | Section 75. The ID/DD Community Care Act is amended by | ||||||
2 | changing Section 3-318 and by adding Section 2-116 as follows:
| ||||||
3 | (210 ILCS 47/2-116 new) | ||||||
4 | Sec. 2-116. Authorized electronic monitoring of a | ||||||
5 | resident's room. A resident shall be permitted to conduct | ||||||
6 | authorized electronic monitoring of the resident's room | ||||||
7 | through the use of electronic monitoring devices placed in the | ||||||
8 | room pursuant to the Authorized Electronic Monitoring in | ||||||
9 | Long-Term Care Facilities Act.
| ||||||
10 | (210 ILCS 47/3-318)
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11 | Sec. 3-318. Business offenses. | ||||||
12 | (a) No person shall: | ||||||
13 | (1) Intentionally fail to correct or interfere with the | ||||||
14 | correction of a Type "AA", Type "A", or Type "B" violation | ||||||
15 | within the time specified on the notice or approved plan of | ||||||
16 | correction under this Act as the maximum period given for | ||||||
17 | correction, unless an extension is granted and the | ||||||
18 | corrections are made before expiration of extension; | ||||||
19 | (2) Intentionally prevent, interfere with, or attempt | ||||||
20 | to impede in any way any duly authorized investigation and | ||||||
21 | enforcement of this Act; | ||||||
22 | (3) Intentionally prevent or attempt to prevent any | ||||||
23 | examination of any relevant books or records pertinent to |
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1 | investigations and enforcement of this Act; | ||||||
2 | (4) Intentionally prevent or interfere with the | ||||||
3 | preservation of evidence pertaining to any violation of | ||||||
4 | this Act or the rules promulgated under this Act; | ||||||
5 | (5) Intentionally retaliate or discriminate against | ||||||
6 | any resident or employee for contacting or providing | ||||||
7 | information to any state official, or for initiating, | ||||||
8 | participating in, or testifying in an action for any remedy | ||||||
9 | authorized under this Act; | ||||||
10 | (6) Willfully file any false, incomplete or | ||||||
11 | intentionally misleading information required to be filed | ||||||
12 | under this Act, or willfully fail or refuse to file any | ||||||
13 | required information; or | ||||||
14 | (7) Open or operate a facility without a license ; . | ||||||
15 | (8) Intentionally retaliate or discriminate against | ||||||
16 | any resident for consenting to authorized electronic | ||||||
17 | monitoring under the Authorized Electronic Monitoring in | ||||||
18 | Long-Term Care Facilities Act; or | ||||||
19 | (9) Prevent the installation or use of an electronic | ||||||
20 | monitoring device by a resident who has provided the | ||||||
21 | facility with notice and consent as required in Section 20 | ||||||
22 | of the Authorized Electronic Monitoring in Long-Term Care | ||||||
23 | Facilities Act. | ||||||
24 | (b) A violation of this Section is a business offense, | ||||||
25 | punishable by a fine not to exceed $10,000, except as otherwise | ||||||
26 | provided in subsection (2) of Section 3-103 as to submission of |
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1 | false or misleading information in a license application. | ||||||
2 | (c) The State's Attorney of the county in which the | ||||||
3 | facility is located, or the Attorney General, shall be notified | ||||||
4 | by the Director of any violations of this Section.
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5 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
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