95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2506


 
Introduced 2/15/2008, by Sen. Dan Kotowski
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 45/3-310
  from Ch. 111 1/2, par. 4153-310







    Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Effective immediately.
















LRB095 18275 DRJ 44359 b

















 


 


A BILL FOR









 











SB2506

LRB095 18275 DRJ 44359 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Nursing Home Care Act is amended  by changing 
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Section 3-310 as follows:
 



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    (210 ILCS 45/3-310)  (from Ch. 111 1/2, par. 4153-310)



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    Sec. 3-310. Collection of penalties. 
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    (a) Except as provided in subsection (b), all All penalties 
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shall be paid to the Department within 10 days
of receipt of 
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notice of assessment or, if the penalty is contested under

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Section 3-309, within 10 days of receipt of the final decision, 
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unless the
decision is appealed and the order is stayed by 
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court order under Section
3-713.  A penalty assessed under this 
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Act shall be collected by the
Department and shall be deposited 
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with the State Treasurer into the Long
Term Care 
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Monitor/Receiver Fund. If the person or facility against whom a

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penalty has been assessed does not comply with a written demand 
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for payment
within 30 days, the Director shall issue an order 
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to do any of the following:


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        (1) Direct the State Treasurer to deduct the amount of 
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    the fine from
amounts otherwise due from the State for the 
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    penalty and remit that amount
to the Department;


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        (2) Add the amount of the penalty to the facility's 
 


 






SB2506
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LRB095 18275 DRJ 44359 b




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    licensing fee; if
the licensee refuses to make the payment 
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    at the time of application for
renewal of its license, the 
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    license shall not be renewed; or


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        (3) Bring an action in circuit court to recover the 
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    amount of the penalty.

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    (b) If the Director determines that it would be in the best 
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interests of the residents of a facility to do so, the Director 
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may require that the facility use the amount of any penalty 
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assessed under this Act for the purpose of implementing a 
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directed plan of correction rather than pay the amount of the 
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penalty to the Department as provided in subsection (a). 
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    (c) With the approval of the federal centers for Medicaid 
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and Medicare
services,
the Director of Public Health shall set 
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aside 50% of the federal civil monetary
penalties collected 
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each year to be used to
award
grants under the Innovations in 
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Long-term Care Quality Grants
Act.

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(Source: P.A. 92-784, eff. 8-6-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.