|
 House Bill 2462 sponsored by Rep. Greg Harris, D-Chicago, and
Sen. Terry Link, D-Waukegan stemmed from complaints Madigan’s office
received from nursing home residents and families who were concerned
for their relatives’ care and safety. The new law allows residents
of nursing homes and rehabilitation facilities or their family
members to purchase and install video or audio monitoring devices in
their rooms.
“The new year will bring new peace of mind for nursing home
residents and their families, because for the first time, they will
have the option of installing recording devices to ensure their
loved ones are receiving appropriate care,” Madigan said.
Madigan noted that video and audio monitoring can be used as an
added tool to help resolve disputes about suspected abuse or
negligence. In addition, the video and audio monitoring allowed by
this law can be helpful to nursing homes by alerting them to
employees who may be involved in abusive or unacceptable behavior,
and allowing them to take disciplinary measures.
 After the General Assembly passed House Bill 2462 with overwhelming
support, it was signed in August. The new law, which is Public Act
99-0430, will:
- Allow for audio and video electronic monitoring devices in
resident rooms;
- Require resident and roommate consent;
- Make nursing home residents or their representatives
responsible for the purchase, installation and maintenance
expenses of the devices;
- Prohibit facility retaliation against residents for the use
of the devices;
- Provide for recordings to be admissible into evidence in
administrative, civil and criminal proceedings; and
- Provide misdemeanor and felony penalties for any person or
entity that intentionally hampers, obstructs, tampers with, or
destroys a recording or an electronic monitoring device.
Attorney General Madigan highlighted additional laws that go
into effect on Jan. 1:
Cracking Down on Unlicensed Employment Agencies
Senate Bill 1859 (Public Act 99-0422), sponsored by Sen.
Linda Holmes, D-Aurora, and Rep. Cynthia Soto, D-Chicago,
enables the state to take stronger action against employment
agencies that operate without a license or violate the state’s
Private Employment Agency Act. In November, Madigan filed
lawsuits against three unlicensed Chicago employment agencies
that targeted Latino workers for employment at Chinese
buffet-style restaurants. Workers interviewed by Madigan’s
office described long workdays, poor wages, high-pressure work
environments, crowded and substandard housing conditions, verbal
abuse, discrimination and threats of violence. The new law will
enable the state to better track licensed employment agencies,
impose stronger penalties for those that operate outside the
law, penalize businesses that knowingly use unlicensed
employment agencies, and offer greater protection for workplace
whistleblowers.
[to top of second column] |
Protecting Victims of Crime
Senate Bill 1866 (Public Act 99-0444), sponsored by Sen. Kimberly A.
Lightford, D-Maywood, and Rep. Christian Mitchell, D-Chicago, requires vendors
who provide hospital, medical, dental and counseling services to victims of
violent crime to wait until the Court of Claims issues a final decision on a
victim’s crime victims compensation claim before demanding payment or referring
unpaid bills to a debt collection agency. The need for this new law stemmed from
frequent instances in which vendors would take action to collect on a crime
victim’s bill while payment from the state was still pending, which can be
emotionally traumatizing for the victims, as well as harmful to his or her
credit rating.
The Office of the Attorney General, the Court of Claims and the Office of the
Secretary of State jointly administer the Crime Victims Compensation Program (CVCP),
which provides eligible victims of violent crime with financial assistance for
certain expenses connected to the crime that are incurred after insurance,
Medicaid or other benefits have paid. After receiving an application, the
Attorney General’s Office will provide written confirmation that a compensation
claim has been filed, which the victim can provide to vendors.
Protecting Survivors of Sexual Assault
House Bill 3848 (Public Act 99-0454) brings Illinois into compliance with
the federal Violence Against Women Act (VAWA), which requires the state to
certify that sexual assault survivors are not being billed for medical forensic
examinations as a condition of receiving federal grant funds.
Sponsored by Rep. Michelle Mussman, D-Schaumburg, and Sen. Melinda Bush,
D-Grayslake, the law prevents survivors of sexual assaults from being
re-traumatized by expressly prohibiting hospitals, emergency room physicians and
other providers of sexual assault services from charging the survivor or sending
the survivor a bill. Hospitals must also provide a written notice to survivors
when they are discharged, explaining that they may not be billed and providing
information regarding who survivors should contact if they receive a bill. Under
the new law, fines may be imposed on providers who bill or refer a survivor to a
collection agency.
[Office of the Attorney General Lisa
Madigan] |
