SB0626 EnrolledLRB100 07024 MJP 17078 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-303.1 as follows:
 
6    (210 ILCS 45/3-303.1)  (from Ch. 111 1/2, par. 4153-303.1)
7    Sec. 3-303.1. Waiver of requirements.
8    (a) Upon application by a facility, the Director may grant
9or renew the waiver of the facility's compliance with a rule or
10standard for a period not to exceed the duration of the current
11license or, in the case of an application for license renewal,
12the duration of the renewal period. The waiver may be
13conditioned upon the facility taking action prescribed by the
14Director as a measure equivalent to compliance. In determining
15whether to grant or renew a waiver, the Director shall consider
16the duration and basis for any current waiver with respect to
17the same rule or standard and the validity and effect upon
18patient health and safety of extending it on the same basis,
19the effect upon the health and safety of residents, the quality
20of resident care, the facility's history of compliance with the
21rules and standards of this Act, and the facility's attempts to
22comply with the particular rule or standard in question.
23    (b) The Department may provide, by rule, for the automatic

 

 

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1renewal of waivers concerning physical plant requirements upon
2the renewal of a license. The Department shall renew waivers
3relating to physical plant standards issued pursuant to this
4Section at the time of the indicated reviews, unless it can
5show why such waivers should not be extended for the following
6reasons:
7        (1) (a) the condition of the physical plant has
8    deteriorated or its use substantially changed so that the
9    basis upon which the waiver was issued is materially
10    different; or
11        (2) (b) the facility is renovated or substantially
12    remodeled in such a way as to permit compliance with the
13    applicable rules and standards without substantial
14    increase in cost.
15    (c) Upon application by a facility, the Director may grant
16or renew a waiver, in whole or in part, of the registered nurse
17staffing requirements contained in subsection (e) of Section
183-202.05, considering the criteria in subsection (a) of this
19Section, if the facility demonstrates to the Director's
20satisfaction that the facility is unable, despite diligent
21efforts, including offering wages at a competitive rate for
22registered nurses in the community, to employ the required
23number of registered nurses and that the waivers will not
24endanger the health or safety of residents of the facility. A
25facility in compliance with the terms of a waiver granted under
26this subsection shall not be subject to fines or penalties

 

 

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1imposed by the Department for violating the registered nurse
2staffing requirements of subsection (e) of Section 3-202.05.
3Nothing in this subsection (c) allows the Director to grant or
4renew a waiver of the minimum registered nurse staffing
5requirements contained in 42 CFR 483.35(b) to a facility that
6is Medicare-certified or to a facility that is both
7Medicare-certified and Medicaid-certified. Waivers granted
8under this subsection (c) shall be reviewed quarterly by the
9Department, including requiring a demonstration by the
10facility that it has continued to make diligent efforts to
11employ the required number of registered nurses, and shall be
12revoked for noncompliance with any of the following
13requirements:
14        (1) For periods in which the number of registered
15    nurses required by law is not in the facility, a physician
16    or registered nurse shall respond immediately to a
17    telephone call from the facility.
18        (2) The facility shall notify the following of the
19    waiver: the Office of the State Long Term Care Ombudsman,
20    the residents of the facility, the residents' guardians,
21    and the residents' representatives.
22    (d) A copy of each waiver application and each waiver
23granted or renewed shall be on file with the Department and
24available for public inspection. The Director shall annually
25review such file and recommend to the Long-Term Long Term Care
26Facility Advisory Board any modification in rules or standards

 

 

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1suggested by the number and nature of waivers requested and
2granted and the difficulties faced in compliance by similarly
3situated facilities.
4(Source: P.A. 85-1216; revised 10-26-16.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.