Bill Proposes Amendment to Nursing Home Care Act to Clarify Definition of “Resident’s representative”

A bill was recently proposed that would amend the Illinois Nursing Home Care Act (“NHCA” or the “Act”) to clarify the definition of “Resident’s representative.” Currently, a “Resident’s representative” is (1) someone other than the owner of the facility that is not related to the resident, or (2) an employee or agent of the facility not related to the resident, designated by the resident, in writing, to be his or her representative, or the resident’s guardian. Throughout the NHCA, the term “resident’s representative” is typically found following discussion of a resident’s rights and responsibilities. For example, when a resident has a right or responsibility under the Act, the Act typically provides that the resident’s guardian and/or “resident’s representative” also shares that right or responsibility.

The proposed amendment eliminates some of the term’s vagueness and will eliminate any previous confusion there may have been as to who is a “resident’s representative” under the Act.

If the bill becomes law, “resident representative” would include: (1) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; (2) a person authorized by State or federal law, including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; (3) a legal representative, as used in Section 712 of the federal Older Americans Act (42 U.S.C. 3058g); and (4) the court-appointed guardian or conservator of a resident.

Additionally, the amendment explicitly provides that the definition does not expand the scope of authority of any resident’s representative beyond what is provided by State or federal law, or a court of competent jurisdiction.

To obtain a copy of the bill, click here. Please contact Justin Evans by telephone (312-673-7819)
or email (Justin.Evans@ARandPartners.com) with any questions.