Illinois General Assembly - Full Text of SB2353
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Full Text of SB2353  98th General Assembly

SB2353sam002 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2353

2    AMENDMENT NO. ______. Amend Senate Bill 2353 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Sections 3-208 and 3-304.1 as follows:
 
6    (210 ILCS 45/3-208)  (from Ch. 111 1/2, par. 4153-208)
7    Sec. 3-208. (a) Each licensee shall file annually, or more
8often as the Director shall by rule prescribe, an attested
9financial statement. The Director may order an audited
10financial statement of a particular facility by an auditor of
11the Director's choice, provided the cost of such audit is paid
12by the Department.
13    (b) No public funds shall be expended for the maintenance
14of any resident in a facility which has failed to file the
15financial statement required under this Section and no public
16funds shall be paid to or on behalf of a facility which has

 

 

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1failed to file a statement.
2    (c) The Director of Public Health and the Director of
3Healthcare and Family Services shall promulgate under Sections
43-801 and 3-802, one set of regulations for the filing of these
5financial statements, and shall provide in these regulations
6for forms, required information, intervals and dates of filing
7and such other provisions as they may deem necessary.
8    (c-5) A facility which is owned by a chain organization as
9defined by the Centers for Medicare and Medicaid Services shall
10submit annually to the Department a copy of the Home Office
11Cost Statement required to be submitted by the home office of
12the chain to the United States Department of Health and Human
13Services. This Home Office Cost Statement contains
14proprietary, privileged, and confidential information that
15shall not be placed on the World Wide Web. Any request from the
16public received by any public agency to disclose this Home
17Office Cost Statement shall be subject to the provisions of the
18Freedom of Information Act.
19    (d) The Director of Public Health and the Director of
20Healthcare and Family Services shall seek the advice and
21comments of other State and federal agencies which require the
22submission of financial data from facilities licensed under
23this Act and shall incorporate the information requirements of
24these agencies so as to impose the least possible burden on
25licensees. No other State agency may require submission of
26financial data except as expressly authorized by law or as

 

 

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1necessary to meet requirements of federal statutes or
2regulations. Information obtained under this Section shall be
3made available, upon request, by the Department to any other
4State agency or legislative commission to which such
5information is necessary for investigations or required for the
6purposes of State or federal law or regulation.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    (210 ILCS 45/3-304.1)
9    Sec. 3-304.1. Public computer access to information.
10    (a) The Department must make information regarding nursing
11homes in the State available to the public in electronic form
12on the World Wide Web, including all of the following
13information:
14        (1) who regulates nursing homes;
15        (2) information in the possession of the Department
16    that is listed in Sections 3-210 and 3-304;
17        (3) deficiencies and plans of correction;
18        (4) enforcement remedies;
19        (5) penalty letters;
20        (6) designation of penalty monies;
21        (7) the U.S. Department of Health and Human Services'
22    Health Care Financing Administration special projects or
23    federally required inspections;
24        (8) advisory standards;
25        (9) deficiency-free surveys;

 

 

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1        (10) enforcement actions and enforcement summaries;
2    and
3        (11) distressed facilities; .
4        (12) a link to the most recent facility cost report
5    filed with the Department of Healthcare and Family
6    Services;
7        (13) a link to the most recent Consumer Choice
8    Information Report filed with the Department on Aging;
9        (14) whether the facility is part of a chain; the
10    facility shall be deemed part of a chain if it meets
11    criteria established by the United States Department of
12    Health and Human Services that identify it as owned by a
13    chain organization;
14        (15) whether the facility is a for-profit or
15    not-for-profit facility; and
16        (16) whether the facility is or is part of a continuing
17    care retirement community.
18    (b) No fee or other charge may be imposed by the Department
19as a condition of accessing the information.
20    (c) The electronic public access provided through the World
21Wide Web shall be in addition to any other electronic or print
22distribution of the information.
23    (d) The information shall be made available as provided in
24this Section in the shortest practicable time after it is
25publicly available in any other form.
26(Source: P.A. 96-1372, eff. 7-29-10.)".