Public Act 098-0505
 
SB2353 EnrolledLRB098 08114 DRJ 38205 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 3-208 and 3-304.1 as follows:
 



    (210 ILCS 45/3-208)  (from Ch. 111 1/2, par. 4153-208)



    Sec. 3-208. (a) Each licensee shall file annually, or more 
often as
the Director shall by rule prescribe, an attested 
financial statement.
The Director may order an audited 
financial statement
of a particular facility by an auditor of 
the Director's choice, provided
the cost of such audit is paid 
by the Department.

    (b) No public funds shall be expended for the maintenance 
of any
resident in a facility which has failed to file the 
financial statement
required under this Section and no public 
funds shall be paid to or on
behalf of a facility which has 
failed to file a statement.

    (c) The Director of Public Health and the Director of 
Healthcare and Family Services

shall promulgate under Sections 
3-801 and 3-802, one set of regulations
for the filing of these 
financial statements, and shall provide in these
regulations 
for forms, required information, intervals and dates of
filing 
and such other provisions as they may deem necessary.

    (c-5) A facility which is owned by a chain organization as 
defined by the Centers for Medicare and Medicaid Services shall 
submit annually to the Department a copy of the Home Office 
Cost Statement required to be submitted by the home office of 
the chain to the United States Department of Health and Human 
Services.  This Home Office Cost Statement contains 
proprietary, privileged, and confidential information that 
shall not be placed on the World Wide Web.  Any request from the 
public received by any public agency to disclose this Home 
Office Cost Statement shall be subject to the provisions of the 
Freedom of Information Act. 
    (d) The Director of Public Health and the Director of 
Healthcare and Family Services

shall seek the advice and 
comments of other State and federal agencies
which require the 
submission of financial data from facilities licensed
under 
this Act and shall incorporate the information requirements of

these agencies so as to impose the least possible burden on 
licensees.
No other State agency may require submission of 
financial data except as
expressly authorized by law or as 
necessary to meet requirements of
federal statutes or 
regulations. Information obtained under this Section
shall be 
made available, upon request, by the Department to any other

State agency or legislative commission to which such 
information is
necessary for investigations or required for the 
purposes of State or
federal law or regulation.

(Source: P.A. 95-331, eff. 8-21-07.)

 
    (210 ILCS 45/3-304.1)
    Sec. 3-304.1. Public computer access to information. 
    (a) The Department must make information regarding nursing 
homes in the
State
available to the public in electronic form 
on the World Wide Web, including all
of the
following 
information:
        (1) who regulates nursing homes;
        (2) information in the possession of the Department 
    that is listed in
Sections 3-210 and 3-304;
        (3) deficiencies and plans of correction;
        (4) enforcement remedies;
        (5) penalty letters;
        (6) designation of penalty monies;
        (7) the U.S. Department of Health and Human Services' 
    Health Care
Financing Administration special projects or 
    federally required inspections;
        (8) advisory standards;
        (9) deficiency-free surveys;
        (10) enforcement actions and enforcement summaries; 
    and
        (11) distressed facilities; . 
        (12) a link to the most recent facility cost report 
    filed with the Department of Healthcare and Family 
    Services;
        (13) a link to the most recent Consumer Choice 
    Information Report filed with the Department on Aging;
        (14) whether the facility is part of a chain;  the 
    facility shall be deemed part of a chain if it  meets 
    criteria established by the United States Department of 
    Health and Human Services that identify it as owned by a 
    chain organization;
        (15) whether the facility is a for-profit or 
    not-for-profit facility; and
        (16) whether the facility is or is part of a continuing 
    care retirement community. 
    (b) No fee or other charge may be imposed by the Department 
as a condition
of accessing the information.
    (c) The electronic public access provided through the World 
Wide Web shall
be
in addition to any other electronic or print 
distribution of the information.
    (d) The information shall be made available as provided in 
this Section in
the
shortest practicable time after it is 
publicly available in any other form.
(Source: P.A. 96-1372, eff. 7-29-10.)