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| Public Act 103-0776 | ||||
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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 3-112, 3-113, and 3-114 as follows: | ||||
(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112) | ||||
Sec. 3-112. (a) Whenever ownership of a facility is | ||||
transferred from the person named in the license to any other | ||||
person, the transferee must obtain a new probationary license. | ||||
The transferee shall notify the Department of the transfer and | ||||
apply for a new license at least 30 days prior to final | ||||
transfer. | ||||
(b) The transferor shall notify the Department at least 30 | ||||
days prior to final transfer. The transferor shall remain | ||||
responsible for the operation of the facility until such time | ||||
as a license is issued to the transferee. | ||||
(c) The transferee shall submit to the Department a | ||||
transition plan, signed by both the transferee and the | ||||
transferor, that includes, at a minimum, a detailed | ||||
explanation of how resident care and appropriate staffing | ||||
levels shall be maintained until the license has been obtained | ||||
and the transfer of the facility operations occurs. The | ||||
transition plan shall be submitted at the same time as notice | ||||
to the Department of the transfer. The transferor and | ||
transferee shall coordinate as necessary to ensure that there | ||
are no gaps in care, staffing, and safety during the | ||
transition period. | ||
The Department shall accept or reject the transition plan | ||
within 10 days after submission. If the transition plan is | ||
rejected, the Department shall work with the facility, the | ||
transferee, and the transferor to bring the transition plan | ||
into compliance. If the Department finds that an entity failed | ||
to follow an accepted transition plan and ensure residents are | ||
provided adequate care during the change of ownership process, | ||
and finds actual harm to a resident, the Department shall | ||
establish a high-risk designation pursuant to paragraph (9) of | ||
Section 3-305. The Department shall issue a violation to the | ||
entity that failed to carry out their responsibility under the | ||
transition plan that resulted in the violation. As described | ||
in this Section, the change of ownership process shall begin | ||
upon submission of the transition plan to 30 days after the | ||
transfer of the facility. | ||
(Source: P.A. 98-756, eff. 7-16-14.) | ||
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) | ||
Sec. 3-113. (a) The license granted to the transferee | ||
shall be subject to the plan of correction submitted by the | ||
previous owner and approved by the Department and any | ||
conditions contained in a conditional license issued to the | ||
previous owner. If there are outstanding violations and no | ||
approved plan of correction has been implemented, the | ||
Department may issue a conditional license and plan of | ||
correction as provided in Sections 3-311 through 3-317. The | ||
license granted to a transferee for a facility that is in | ||
receivership shall be subject to any contractual obligations | ||
assumed by a grantee under the Equity in Long-term Care | ||
Quality Act and to the plan submitted by the receiver for | ||
continuing and increasing adherence to best practices in | ||
providing high-quality nursing home care, unless the grant is | ||
repaid, under conditions to be determined by rule by the | ||
Department in its administration of the Equity in Long-term | ||
Care Quality Act. | ||
(b) If the Department finds that an entity failed to | ||
follow an accepted transition plan and ensure residents are | ||
provided adequate care during the change of ownership process, | ||
and finds actual harm to a resident, the Department shall | ||
establish a high-risk designation pursuant to paragraph (9) of | ||
Section 3-305. The Department shall issue a violation to the | ||
entity that failed to carry out their responsibility under the | ||
transition plan that caused the violation. As described in | ||
this Section, the change of ownership process shall begin upon | ||
submission of the transition plan to 30 days after the | ||
transfer of the facility. | ||
(Source: P.A. 96-1372, eff. 7-29-10.) | ||
(210 ILCS 45/3-114) (from Ch. 111 1/2, par. 4153-114) | ||
Sec. 3-114. The transferor shall remain liable for all | ||
penalties assessed against the facility which are imposed for | ||
violations occurring prior to transfer of ownership. If the | ||
Department finds that an entity failed to follow an accepted | ||
transition plan and ensure residents are provided adequate | ||
care during the change of ownership process, and finds actual | ||
harm to a resident, the Department shall establish a high-risk | ||
designation pursuant to paragraph (9) of Section 3-305. The | ||
Department shall issue a violation to the entity that failed | ||
to carry out their responsibility under the transition plan | ||
that caused the violation. As described in this Section, the | ||
change of ownership process shall begin upon submission of the | ||
transition plan to 30 days after the transfer of the facility. | ||
(Source: P.A. 81-223.) | ||