Bill Status of HB 1188   96th General Assembly

Short Description:  PUB AID & OLDER ADULT SERVICES

House Sponsors
Rep. Monique D. Davis-Dan Brady-Kenneth Dunkin, John E. Bradley, Esther Golar, Arthur L. Turner, Michael W. Tryon, Patrick J. Verschoore and David E. Miller

Senate Sponsors
(Sen. Donne E. Trotter-Emil Jones, III-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/19/2010HousePublic Act . . . . . . . . . 96-0863

Statutes Amended In Order of Appearance
20 ILCS 3960/5.4 new

Synopsis As Introduced
Amends the Illinois Health Facilities Planning Act. Provides that a nursing home that receives a nursing home conversion grant under the Older Adult Services Act shall retain the Certificate of Need for its nursing and sheltered care beds that were converted for 15 years, as provided in that Act. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
20 ILCS 3960/5.4 new
Adds reference to:
305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
320 ILCS 42/30

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code and the Older Adult Services Act. Under the medical assistance program, provides that for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the Department of Healthcare and Family Services shall adjust the rate of any nursing facility that participates in the Department of Public Health nursing home conversion and bed reduction pilot program under the Older Adult Services Act so that the nursing facility rate reflects adjustments necessitated by the conversion activity. Provides that the Department of Public Health shall conduct a pilot program for nursing home conversion projects. Provides that the scope of the projects included in this pilot program shall be limited to the conversion of multi-resident bedrooms in a facility into single-occupancy rooms. Effective immediately.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Healthcare & Family Services)
 HB1188 (H-AM 1) has no fiscal impact on the Department.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Public Health)
 HB 1188 (H-AM 1) creates no fiscal impact to IDPH Office of Health Care Regulation (OHCR). The amendment introduces a new reimbursement rate for long term care facilities that participate in the conversion project. The fiscal impact would be an Illinois Department of Healthcare and Family Services issue with this amendment. The Illinois Department of Public Health is responsible for the conversion pilot program, but this pilot program is with existing long term care facilities and would not create any additional work or require any additional resources from OHCR. Therefore, HB 1188 (H-AM 1) is budget neutral for OHCR.

Senate Committee Amendment No. 1
Deletes reference to:
320 ILCS 42/30

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning medical assistance payments to nursing homes.

Senate Floor Amendment No. 2
Deletes reference to:
320 ILCS 42/30
Adds reference to:
New Act
5 ILCS 80/8.31 new
5 ILCS 140/7from Ch. 116, par. 207
20 ILCS 3440/1from Ch. 127, par. 2661
30 ILCS 105/5.775 new
30 ILCS 105/5.776 new
410 ILCS 18/5
410 ILCS 18/7 new
410 ILCS 18/10
410 ILCS 18/11
410 ILCS 18/11.5
410 ILCS 18/13
410 ILCS 18/20
410 ILCS 18/22
410 ILCS 18/25
410 ILCS 18/40
410 ILCS 18/55
410 ILCS 18/60
410 ILCS 18/62
410 ILCS 18/62.5
410 ILCS 18/62.10
410 ILCS 18/62.15
410 ILCS 18/62.20
410 ILCS 18/65
410 ILCS 18/80
410 ILCS 18/85 new
410 ILCS 18/87 new
410 ILCS 18/88 new
410 ILCS 18/89 new
410 ILCS 18/90 new
410 ILCS 18/91 new
410 ILCS 18/92 new
410 ILCS 18/93 new
410 ILCS 18/94 new
410 ILCS 18/95 new
410 ILCS 535/11from Ch. 111 1/2, par. 73-11
410 ILCS 535/18.5
735 ILCS 30/15-5-40
740 ILCS 45/2from Ch. 70, par. 72
760 ILCS 90/2from Ch. 21, par. 32
760 ILCS 95/2from Ch. 21, par. 64
765 ILCS 835/.01from Ch. 21, par. 14.01
765 ILCS 835/1from Ch. 21, par. 15
765 ILCS 835/8from Ch. 21, par. 21.1
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z
820 ILCS 135/1from Ch. 21, par. 101
820 ILCS 135/2.3
760 ILCS 100/Act rep.
805 ILCS 320/16 rep.
805 ILCS 320/16.5 rep.
805 ILCS 320/17 rep.
805 ILCS 320/18 rep.
805 ILCS 320/19 rep.
805 ILCS 320/20 rep.
805 ILCS 320/Act rep.
225 ILCS 41/1-10
225 ILCS 41/Art. 12 heading new
225 ILCS 41/12-5 new
225 ILCS 41/12-10 new
225 ILCS 41/12-11 new
225 ILCS 41/12-15 new
225 ILCS 41/12-20 new
225 ILCS 41/15-50
225 ILCS 41/15-60
225 ILCS 41/15-75
225 ILCS 41/15-76 new

Replaces everything after the enacting clause. Creates the Cemetery Oversight Act, to be administered by the Department of Financial and Professional Regulation. Provides for licensure of cemetery authorities, cemetery managers, and customer service employees. Requires cemetery workers to submits a Worker's Statement. Includes provisions concerning findings, public policy, definitions, powers and duties of the Department, licensure, exemptions, grounds for discipline, civil and criminal penalties, administrative procedure, trust funds, business practices, cemetery associations, and consumer rights. Amends the Regulatory Sunset Act to provide for repeal of the Crematory Regulation Act and the Cemetery Oversight Act on January 1, 2021. Amends the State Finance Act. Creates the Cemetery Oversight Licensing and Disciplinary Fund and the Cemetery Relief Fund. Amends the Freedom of Information Act. Exempts from inspection and copying information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable. Amends the Crematory Regulation Act. Provides that the Department is responsible for enforcing the Act (now, the Office of the Comptroller). Makes changes in provisions concerning definitions, establishment of a crematory and licensing of a crematory authority, discipline, revocation and suspension of a license, authorization to cremate, performance of and training for a cremation service, recordkeeping, penalties, annual reports, investigations, testimony, administrative review, and pre-need cremation arrangements. Adds administrative provisions, including penalties, and home rule provisions. Amends the Vital Records Act. Provides that the burial permit shall include the place of disposition, and if the place is a cemetery, shall also specify the lot, block, section, and plot or niche where the human dead body or cremated remains are located. Requires the State Registrar to implement an electronic reporting system that the Department of Financial and Professional Regulation shall have access to in order to enhance enforcement of the Cemetery Oversight Act. Amends the Crime Victims Compensation Act. Provides that the definition of "victim" shall also mean a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any parent, spouse, or child under the age of 18 of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence. Amends the Cemetery Protection Act. Changes definition of "cemetery authority". Provides new criminal penalties for certain violations of the Act. Provides that no cemetery company or other legal entity conducting or maintaining any public or private cemetery may deny burial space to any person based on his or her race, creed, marital status, sex, national origin, or color. Provides that cemeteries or burial grounds may designate parts for specific use by persons whose religious code requires isolation. Further provides that religious institution cemeteries may limit burials to members of the religious institution and their families. Makes other changes. Amends the Burial Rights Act. Provides that "cemetery authority", "interment rights", "entombment rights", and "inurnment rights" shall have the same meaning ascribed to it in the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable (now, the Cemetery Care Act). Repeals the Cemetery Association Act and the Cemetery Care Act. Changes references to the Comptroller in various Acts to the Department of Financial and Professional Regulation. Amends the Funeral Directors and Embalmers Licensing Code to provide for the licensure of customer service employees of a funeral establishment, funeral chapel, funeral home, or mortuary. Provides that a funeral director or a funeral director and embalmer shall use his or her best efforts to ensure that funeral processions entering and exiting the cemetery grounds do not obstruct traffic on any street for more than 10 minutes, with certain exceptions. Makes other changes. Effective March 1, 2010, except some parts effective March 1, 2012 and some parts effective immediately.

Senate Floor Amendment No. 3
Redefines "cemetery worker" to mean an individual, including an independent contractor or third-party vendor, who performs any work at the cemetery that is customarily performed by one or more cemetery employees, including openings and closings of vaults and graves, stone settings, inurnments, interments, entombments, administrative work, handling of any official burial records, the preparation of foundations for memorials, and routine cemetery maintenance. Provides that the definition does not include uncompensated, volunteer workers. Specifies that a cemetery authority shall not transmit copies of Worker's Statements until the cemetery authority receives a license under this Act. Provides that the Department shall adopt the Code of Professional Conduct and Ethics by rule. Provides that the contract the cemetery authority enters into with the consumer shall contain the name, address, and telephone number of the cemetery authority, except, that a cemetery authority that is operating as a religious cemetery or public cemetery shall include in the contract the name, address, and telephone number of the cemetery manager. Removes revisory changes from provisions amending the Freedom of Information Act. Makes other changes.

Actions 
DateChamber Action
  2/11/2009HouseFiled with the Clerk by Rep. Michael K. Smith
  2/11/2009HouseFirst Reading
  2/11/2009HouseReferred to Rules Committee
  2/18/2009HouseAssigned to Human Services Committee
  3/11/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Human Services Committee
  3/11/2009HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/11/2009HouseDo Pass as Amended / Short Debate Human Services Committee; 007-000-000
  3/11/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2009HouseSecond Reading - Short Debate
  3/23/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/24/2009HouseAdded Co-Sponsor Rep. John E. Bradley
  3/24/2009HouseAdded Co-Sponsor Rep. Esther Golar
  3/24/2009HouseAdded Co-Sponsor Rep. Arthur L. Turner
  3/24/2009HouseAdded Co-Sponsor Rep. Dan Brady
  3/24/2009HouseAdded Co-Sponsor Rep. Michael W. Tryon
  3/24/2009HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  3/24/2009HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/26/2009HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  3/26/2009HouseAdded Co-Sponsor Rep. David E. Miller
  3/31/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2009HouseThird Reading - Short Debate - Passed 116-000-000
  4/2/2009SenateArrive in Senate
  4/2/2009SenatePlaced on Calendar Order of First Reading
  4/2/2009SenateChief Senate Sponsor Sen. David Koehler
  4/2/2009SenateFirst Reading
  4/2/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Public Health
  4/29/2009SenateHeld in Public Health
  5/6/2009SenateHeld in Public Health
  5/8/2009SenateRule 3-9(a) / Re-referred to Assignments
  5/18/2009SenateRule 2-10 Committee Deadline Established As May 31, 2009
  5/18/2009SenateRule 2-10 Third Reading Deadline Established As May 31, 2009
  10/22/2009SenateRe-assigned to Executive
  10/22/2009SenateRule 2-10 Third Reading Deadline Established As December 31, 2009
  10/28/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  10/28/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  10/28/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  10/28/2009SenateSenate Committee Amendment No. 1 Adopted
  10/28/2009SenateDo Pass as Amended Executive; 009-001-000
  10/28/2009SenatePlaced on Calendar Order of 2nd Reading October 28, 2009
  10/29/2009SenateSecond Reading
  10/29/2009SenatePlaced on Calendar Order of 3rd Reading October 30, 2009
  11/30/2009SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/6/2010SenateAlternate Chief Sponsor Changed to Sen. Donne E. Trotter
  1/6/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Emil Jones, III
  1/12/2010SenateApproved for Consideration Assignments
  1/12/2010SenatePlaced on Calendar Order of 3rd Reading January 12, 2010
  1/12/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter
  1/12/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  1/12/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  1/12/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 008-005-000
  1/12/2010SenateSenate Floor Amendment No. 2 Added as Chief Co-Sponsor - Haine
  1/12/2010SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Donne E. Trotter
  1/12/2010SenateSenate Floor Amendment No. 3 Referred to Assignments
  1/12/2010SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  1/12/2010SenateRecalled to Second Reading
  1/12/2010SenateSenate Floor Amendment No. 2 Adopted; Trotter-Haine
  1/12/2010SenateSenate Floor Amendment No. 3 Adopted; Trotter
  1/12/2010SenatePlaced on Calendar Order of 3rd Reading
  1/12/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  1/12/2010SenateThird Reading - Passed; 030-024-001
  1/12/2010HouseArrived in House
  1/12/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 3
  1/12/2010HouseChief Sponsor Changed to Rep. Monique D. Davis
  1/12/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Monique D. Davis
  1/12/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Monique D. Davis
  1/12/2010HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Monique D. Davis
  1/12/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  1/12/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  1/12/2010HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  1/12/2010HouseAdded Chief Co-Sponsor Rep. Dan Brady
  1/12/2010HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  1/12/2010HouseRemoved Co-Sponsor Rep. Dan Brady
  1/12/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  1/12/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  1/12/2010HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  1/13/2010HouseSenate Committee Amendment No. 1 House Concurs 085-030-002
  1/13/2010HouseSenate Floor Amendment No. 2 House Concurs 085-030-002
  1/13/2010HouseSenate Floor Amendment No. 3 House Concurs 085-030-002
  1/13/2010HousePassed Both Houses
  1/15/2010HouseSent to the Governor
  1/19/2010HouseGovernor Approved
  1/19/2010HouseEffective Date March 1, 2010; ; Some Parts Effectve January 19, 2010 and March 1, 2012
  1/19/2010HousePublic Act . . . . . . . . . 96-0863

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