SB3499 97TH GENERAL ASSEMBLY

LRB097 18284 DRJ 63510 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3499

Introduced 2/8/2012, by Sen. Jeffrey M. Schoenberg

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-309

from Ch. 111 1/2, par. 4153-309

Amends the Nursing Home Care Act. In provisions authorizing a facility to respond to the assessment of a fine by transmitting to the Department of Public Health a percentage of the amount assessed instead of requesting a hearing, provides that a facility may transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment (deletes an alternative provision authorizing a facility to transmit up to 75% of the amount assessed in the case of a fine subject to offset by the amount of a federal civil monetary penalty). Effective immediately.

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 3-309 as follows:

(210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309)

Sec. 3-309. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of the request the Department shall hold a hearing as provided under Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department (i) 65% of the amount assessed for each violation specified in the penalty assessment or (ii) in the case of a fine subject to offset under paragraph (10) of Section 3-305, up to 75% of the amount assessed.

(Source: P.A. 96-1372, eff. 7-29-10.)

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