Public Act 0594 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0594
 
HB4112 EnrolledLRB104 14374 BAB 27509 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The ID/DD Community Care Act is amended by 
changing Sections 1-105, 3-109, 3-117, and 3-119 as follows:
 
    (210 ILCS 47/1-105)
    Sec. 1-105. Administrator.  
    (a) "Administrator" means a person who is charged with the 
general administration and supervision of a facility and who 
is at least 21 years of age and either: and licensed, if 
required, under the Nursing Home Administrators Licensing and 
Disciplinary Act, as now or hereafter amended.
        (A) is licensed under the Nursing Home Administrators 
    Licensing and Disciplinary Act;
        (B) is a qualified intellectual disabilities 
    professional; or
        (C) has completed at least 4 semesters of study at an 
    institution of higher education and has at least 2 years 
    of management experience or at least 2 years of experience 
    in a position of progressive responsibility in health 
    care, housing with services, or adult day care; in 
    providing similar services to individuals with 
    intellectual or developmental disabilities; or in 
    behavioral health.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    (210 ILCS 47/3-109)
    Sec. 3-109. Issuance of license based on Director's 
findings; administrator training.
    (a) Upon receipt and review of an application for a 
license made under this Article and inspection of the 
applicant facility under this Article, the Director shall 
issue a license if he or she finds:
        (1) That the individual applicant, or the corporation, 
    partnership or other entity if the applicant is not an 
    individual, is a person responsible and suitable to 
    operate or to direct or participate in the operation of a 
    facility by virtue of financial capacity, appropriate 
    business or professional experience, a record of 
    compliance with lawful orders of the Department and lack 
    of revocation of a license during the previous 5 years and 
    is not the owner of a facility designated pursuant to 
    Section 3-304.2 as a distressed facility; 
        (2) That the facility is under the supervision of an 
    administrator who is licensed, if required, under the 
    Nursing Home Administrators Licensing and Disciplinary 
    Act, as now or hereafter amended; and
        (3) That the facility is in substantial compliance 
    with this Act, and such other requirements for a license 
    as the Department by rule may establish under this Act. 
    (b) In addition to any other requirements set forth in 
this Act, as a condition of licensure under this Act, the 
administrator of a facility must participate in at least 20 
hours of training every 2 years to assist the administrator in 
better meeting the needs of the residents of the facility and 
managing the operation of the facility.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
    (210 ILCS 47/3-117)
    Sec. 3-117. Denial of license; grounds. An application for 
a license may be denied for any of the following reasons: 
        (1) Failure to meet any of the minimum standards set 
    forth by this Act or by rules and regulations promulgated 
    by the Department under this Act.
        (2) Conviction of the applicant, or if the applicant 
    is a firm, partnership or association, of any of its 
    members, or if a corporation, the conviction of the 
    corporation or any of its officers or stockholders, or of 
    the person designated to manage or supervise the facility, 
    of a felony, or of 2 or more misdemeanors involving moral 
    turpitude, during the previous 5 years as shown by a 
    certified copy of the record of the court of conviction.
        (3) Personnel insufficient in number or unqualified by 
    training or experience to properly care for the proposed 
    number and type of residents.
        (4) Insufficient financial or other resources to 
    operate and conduct the facility in accordance with 
    standards promulgated by the Department under this Act.
        (5) Revocation of a facility license during the 
    previous 5 years, if such prior license was issued to the 
    individual applicant, a controlling owner or controlling 
    combination of owners of the applicant; or any affiliate 
    of the individual applicant or controlling owner of the 
    applicant and such individual applicant, controlling owner 
    of the applicant or affiliate of the applicant was a 
    controlling owner of the prior license; provided, however, 
    that the denial of an application for a license pursuant 
    to this subsection must be supported by evidence that such 
    prior revocation renders the applicant unqualified or 
    incapable of meeting or maintaining a facility in 
    accordance with the standards and rules promulgated by the 
    Department under this Act.
        (6) The That the facility is not under the direct 
    supervision of an a full time administrator, as defined by 
    regulation, who is licensed, if required, under the 
    Nursing Home Administrators Licensing and Disciplinary 
    Act. 
        (7) That the facility is in receivership and the 
    proposed licensee has not submitted a specific detailed 
    plan to bring the facility into compliance with the 
    requirements of this Act and with federal certification 
    requirements, if the facility is certified, and to keep 
    the facility in such compliance.
        (8) The applicant is the owner of a facility 
    designated pursuant to Section 3-304.2 of this Act as a 
    distressed facility. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
    (210 ILCS 47/3-119)
    Sec. 3-119. Suspension, revocation, or refusal to renew 
license.    
    (a) The Department, after notice to the applicant or 
licensee, may suspend, revoke or refuse to renew a license in 
any case in which the Department finds any of the following:
        (1) There has been a substantial failure to comply 
    with this Act or the rules and regulations promulgated by 
    the Department under this Act. A substantial failure by a 
    facility shall include, but not be limited to, any of the 
    following:
            (A) termination of Medicare or Medicaid 
        certification by the Centers for Medicare and Medicaid 
        Services; or
            (B) a failure by the facility to pay any fine 
        assessed under this Act after the Department has sent 
        to the facility and licensee at least 2 notices of 
        assessment that include a schedule of payments as 
        determined by the Department, taking into account 
        extenuating circumstances and financial hardships of 
        the facility. 
        (2) Conviction of the licensee, or of the person 
    designated to manage or supervise the facility, of a 
    felony, or of 2 or more misdemeanors involving moral 
    turpitude, during the previous 5 years as shown by a 
    certified copy of the record of the court of conviction.
        (3) Personnel is insufficient in number or unqualified 
    by training or experience to properly care for the number 
    and type of residents served by the facility.
        (4) Financial or other resources are insufficient to 
    conduct and operate the facility in accordance with 
    standards promulgated by the Department under this Act.
        (5) The facility is not under the direct supervision 
    of an a full time administrator, as defined by regulation, 
    who is licensed, if required, under the Nursing Home 
    Administrators Licensing and Disciplinary Act.
        (6) The facility has committed 2 Type "AA" violations 
    within a 2-year period.
        (7) The facility has committed a Type "AA" violation 
    while the facility is listed as a "distressed facility". 
    (b) Notice under this Section shall include a clear and 
concise statement of the violations on which the nonrenewal or 
revocation is based, the statute or rule violated and notice 
of the opportunity for a hearing under Section 3-703.
    (c) If a facility desires to contest the nonrenewal or 
revocation of a license, the facility shall, within 10 days 
after receipt of notice under subsection (b) of this Section, 
notify the Department in writing of its request for a hearing 
under Section 3-703. Upon receipt of the request the 
Department shall send notice to the facility and hold a 
hearing as provided under Section 3-703.
    (d) The effective date of nonrenewal or revocation of a 
license by the Department shall be any of the following:
        (1) Until otherwise ordered by the circuit court, 
    revocation is effective on the date set by the Department 
    in the notice of revocation, or upon final action after 
    hearing under Section 3-703, whichever is later.
        (2) Until otherwise ordered by the circuit court, 
    nonrenewal is effective on the date of expiration of any 
    existing license, or upon final action after hearing under 
    Section 3-703, whichever is later; however, a license 
    shall not be deemed to have expired if the Department 
    fails to timely respond to a timely request for renewal 
    under this Act or for a hearing to contest nonrenewal 
    under paragraph (c).
        (3) The Department may extend the effective date of 
    license revocation or expiration in any case in order to 
    permit orderly removal and relocation of residents. 
    The Department may refuse to issue or may suspend the 
license of any person who fails to file a return, or to pay the 
tax, penalty or interest shown in a filed return, or to pay any 
final assessment of tax, penalty or interest, as required by 
any tax Act administered by the Illinois Department of 
Revenue, until such time as the requirements of any such tax 
Act are satisfied. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
    Section 99. Effective date. This Act takes effect July 1, 
2027.