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Public Act 096-1504
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| HB1716 Enrolled | LRB096 05341 DRJ 15407 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing |
Sections 3-103 and 3-202.05 as follows:
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(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
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Sec. 3-103. The procedure for obtaining a valid license |
shall be as follows:
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(1) Application to operate a facility shall be made to
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the Department on forms furnished by the Department.
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(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 |
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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:
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(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;
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(b) The name and location of the facility for which |
a license is sought;
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(c) The name of the person or persons under whose |
management or
supervision
the facility will be |
conducted;
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(d) The number and type of residents for which |
maintenance, personal care,
or nursing is to be |
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provided; and
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(e) Such information relating to the number, |
experience, and training
of the employees of the |
facility, any management agreements for the operation
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of the facility, and of the moral character of the |
applicant and employees
as the Department may deem |
necessary.
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(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
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advise the Department every 6 months of any changes in the |
information
originally provided in the application.
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(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.
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(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-202.05) |
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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 |
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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 |