Illinois General Assembly - Full Text of Public Act 096-1504
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Public Act 096-1504


 

Public Act 1504 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1504
 
HB1716 EnrolledLRB096 05341 DRJ 15407 b

    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
Sections 3-103 and 3-202.05 as follows:
 
    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)
    Sec. 3-103. The procedure for obtaining a valid license
shall be as follows:
        (1) Application to operate a facility shall be made to
    the Department on forms furnished by the Department.
        (2) All license applications shall be accompanied with
    an application fee. The fee for an annual license shall be
    $1,990. Facilities that pay a fee or assessment pursuant to
    Article V-C of the Illinois Public Aid Code shall be exempt
    from the license fee imposed under this item (2). The fee
    for a 2-year license shall be double the fee for the annual
    license set forth in the preceding sentence. The fees
    collected shall be deposited with the State Treasurer into
    the Long Term Care Monitor/Receiver Fund, which has been
    created as a special fund in the State treasury. This
    special fund is to be used by the Department for expenses
    related to the appointment of monitors and receivers as
    contained in Sections 3-501 through 3-517 of this Act, for
    the enforcement of this Act, and for implementation of the
    Abuse Prevention Review Team Act. The Department may reduce
    or waive a penalty pursuant to Section 3-308 only if that
    action will not threaten the ability of the Department to
    meet the expenses required to be met by the Long Term Care
    Monitor/Receiver Fund. At the end of each fiscal year, any
    funds in excess of $1,000,000 held in the Long Term Care
    Monitor/Receiver Fund shall be deposited in the State's
    General Revenue Fund. The application shall be under oath
    and the submission of false or misleading information shall
    be a Class A misdemeanor. The application shall contain the
    following information:
            (a) The name and address of the applicant if an
        individual, and if a firm, partnership, or
        association, of every member thereof, and in the case
        of a corporation, the name and address thereof and of
        its officers and its registered agent, and in the case
        of a unit of local government, the name and address of
        its chief executive officer;
            (b) The name and location of the facility for which
        a license is sought;
            (c) The name of the person or persons under whose
        management or supervision the facility will be
        conducted;
            (d) The number and type of residents for which
        maintenance, personal care, or nursing is to be
        provided; and
            (e) Such information relating to the number,
        experience, and training of the employees of the
        facility, any management agreements for the operation
        of the facility, and of the moral character of the
        applicant and employees as the Department may deem
        necessary.
        (3) Each initial application shall be accompanied by a
    financial statement setting forth the financial condition
    of the applicant and by a statement from the unit of local
    government having zoning jurisdiction over the facility's
    location stating that the location of the facility is not
    in violation of a zoning ordinance. An initial application
    for a new facility shall be accompanied by a permit as
    required by the "Illinois Health Facilities Planning Act".
    After the application is approved, the applicant shall
    advise the Department every 6 months of any changes in the
    information originally provided in the application.
        (4) Other information necessary to determine the
    identity and qualifications of an applicant to operate a
    facility in accordance with this Act shall be included in
    the application as required by the Department in
    regulations.
(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
 
    (210 ILCS 45/3-202.05)
    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
thereafter.
    (a) For the purpose of computing staff to resident ratios,
direct care staff shall include:
        (1) registered nurses;
        (2) licensed practical nurses;
        (3) certified nurse assistants;
        (4) psychiatric services rehabilitation aides;
        (5) rehabilitation and therapy aides;
        (6) psychiatric services rehabilitation coordinators;
        (7) assistant directors of nursing;
        (8) 50% of the Director of Nurses' time; and
        (9) 30% of the Social Services Directors' time.
    The Department shall, by rule, allow certain facilities
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
S) and 300.6000 and following (Subpart T) to utilize
specialized clinical staff, as defined in rules, to count
towards the staffing ratios.
    (b) Beginning January July 1, 2011, and thereafter, light
intermediate care shall be staffed at the same staffing ratio
as intermediate care.
    (c) Facilities shall notify the Department within 60 days
after the effective date of this amendatory Act of the 96th
General Assembly, in a form and manner prescribed by the
Department, of the staffing ratios in effect on the effective
date of this amendatory Act of the 96th General Assembly for
both intermediate and skilled care and the number of residents
receiving each level of care.
    (d)(1) Effective July 1, 2010, for each resident needing
skilled care, a minimum staffing ratio of 2.5 hours of nursing
and personal care each day must be provided; for each resident
needing intermediate care, 1.7 hours of nursing and personal
care each day must be provided.
        (2) Effective January 1, 2011, the minimum staffing
    ratios shall be increased to 2.7 hours of nursing and
    personal care each day for a resident needing skilled care
    and 1.9 hours of nursing and personal care each day for a
    resident needing intermediate care.
        (3) Effective January 1, 2012, the minimum staffing
    ratios shall be increased to 3.0 hours of nursing and
    personal care each day for a resident needing skilled care
    and 2.1 hours of nursing and personal care each day for a
    resident needing intermediate care.
        (4) Effective January 1, 2013, the minimum staffing
    ratios shall be increased to 3.4 hours of nursing and
    personal care each day for a resident needing skilled care
    and 2.3 hours of nursing and personal care each day for a
    resident needing intermediate care.
        (5) Effective January 1, 2014, the minimum staffing
    ratios shall be increased to 3.8 hours of nursing and
    personal care each day for a resident needing skilled care
    and 2.5 hours of nursing and personal care each day for a
    resident needing intermediate care.
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/27/2011