HB2529 94TH GENERAL ASSEMBLY

LRB094 09856 DRJ 40112 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2529

Introduced 2/18/2005, by Rep. Kevin Joyce

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-303.2	from Ch. 111 1/2, par. 4153-303.2
210 ILCS 45/3-305	from Ch. 111 1/2, par. 4153-305

Amends the Nursing Home Care Act. Provides that if a nursing home does not correct a situation, condition, or practice that has resulted in an administrative warning, the nursing home is subject to a fine of not less than $1,000 and not more than $10,000. For a "Type A" violation, increases the fine from $5 to $50 per resident in the facility plus $2 (instead of $0.20) per day, and increases the alternative maximum fine from not less than $5,000 to not less than $20,000 (or from not less than $10,000 to not less than $50,000 when death, serious mental or physical harm, permanent disability, or disfigurement results). For a "Type B" violation, increases the fine from $3 to $30 per resident in the facility plus $2 (instead of $0.20) per day, and increases the alternative maximum fine from not less than $500 to not less than $5,000. Requires a nursing home to reimburse a particular resident for injuries incurred or $1,000 (instead of $100), whichever is greater. Removes a provision concerning reimbursement in the case of a violation involving any action other than theft of money. Effective January 1, 2006.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 3-303.2 and 3-305 as follows:

(210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2)

Sec. 3-303.2. (a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not directly threaten the health, safety or welfare of a resident, the Department shall issue an administrative warning. Any administrative warning shall be served upon the facility in the same manner as the notice of violation under Section 3-301. The facility shall be responsible for correcting the situation, condition or practice; however, no written plan of correction need be submitted for an administrative warning, except for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder. A written plan of correction is required to be filed for an administrative warning issued for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder.

(b) If, however, the situation, condition or practice which resulted in the issuance of an administrative warning, with the exception of administrative warnings issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, is not corrected by the next on-site inspection by the Department which occurs no earlier than 90 days from the issuance of the administrative warning, a written plan of correction must be submitted in the same manner as provided in subsection (b) of Section 3-303. In addition, the facility shall be subject to a fine of not less than $1,000 and not more than $10,000.

(Source: P.A. 87-549.)

(210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)

Sec. 3-305. The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the penalties or fines levied by the Department as specified in this Section.

(1) Unless a greater penalty or fine is allowed under subsection (3), a licensee who commits a Type "A" violation as defined in Section 1-129 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine computed at a rate of $50 $5.00 per resident in the facility plus $2 20 cents per resident for each day of the violation, commencing on the date a notice of the violation is served under Section 3-301 and ending on the date the violation is corrected, or a fine of not less than $20,000 $5,000, or when death, serious mental or physical harm, permanent disability, or disfigurement results, a fine of not less than $50,000 $10,000, whichever is greater.

(2) A licensee who commits a Type "B" violation or who is issued an administrative warning for a violation of Sections 3-401 through 3-413 or the rules promulgated thereunder is subject to a penalty computed at a rate of $30 $3 per resident in the facility, plus $1.50 15 cents per resident for each day of the violation, commencing on the date a notice of the violation is served under Section 3-301 and ending on the date the violation is corrected, or a fine not less than $5,000 $500, whichever is greater. Such fine shall be assessed on the date of notice of the violation and shall be suspended for violations that continue after such date upon completion of a plan of correction in accordance with Section 3-308 in relation to the assessment of fines and correction. Failure to correct such violation within the time period approved under a plan of correction shall result in a fine and conditional license as provided under subsection (5).

(3) A licensee who commits a Type "A" violation as defined in Section 1-129 which continues beyond the time specified in paragraph (a) of Section 3-303 which is cited as a repeat violation shall have its license revoked and shall be assessed a fine of 3 times the fine computed per resident per day under subsection (1).

(4) A licensee who fails to satisfactorily comply with an accepted plan of correction for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder shall be automatically issued a conditional license for a period of not less than 6 months. A second or subsequent acceptable plan of correction shall be filed. A fine shall be assessed in accordance with subsection (2) when cited for the repeat violation. This fine shall be computed for all days of the violation, including the duration of the first plan of correction compliance time.

(5) For the purpose of computing a penalty under subsections (2) through (4), the number of residents per day shall be based on the average number of residents in the facility during the 30 days preceding the discovery of the violation.

(6) When the Department finds that a provision of Article II has been violated with regard to a particular resident, the Department shall issue an order requiring the facility to reimburse the resident for injuries incurred, or $1,000 $100, whichever is greater. In the case of a violation involving any action other than theft of money belonging to a resident, reimbursement shall be ordered only if a provision of Article II has been violated with regard to that or any other resident of the facility within the 2 years immediately preceding the violation in question.

(7) For purposes of assessing fines under this Section, a repeat violation shall be a violation which has been cited during one inspection of the facility for which an accepted plan of correction was not complied with. A repeat violation shall not be a new citation of the same rule, unless the licensee is not substantially addressing the issue routinely throughout the facility.

(Source: P.A. 86-407; 87-549; 87-1056.)

Section 99. Effective date. This Act takes effect January 1, 2006.