Health Care Licenses Committee
Filed: 3/11/2009
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| 1 | AMENDMENT TO HOUSE BILL 149
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| 2 | AMENDMENT NO. ______. Amend House Bill 149 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Nursing Home Care Act is amended by | ||||||
| 5 | changing Section 3-103 as follows:
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| 6 | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
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| 7 | Sec. 3-103. The procedure for obtaining a valid license | ||||||
| 8 | shall be as follows:
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| 9 | (1) Application to operate a facility shall be made to | ||||||
| 10 | the
the Department on forms furnished by the Department.
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| 11 | (2)
All license applications shall be accompanied with | ||||||
| 12 | an application fee.
The fee
for an annual license shall be | ||||||
| 13 | $995. Facilities that pay a fee or assessment pursuant to | ||||||
| 14 | Article V-C of the Illinois Public Aid Code shall be exempt | ||||||
| 15 | from the license fee imposed under this item (2). The fee | ||||||
| 16 | for a 2-year
license shall be double the fee for the annual | ||||||
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| 1 | license set forth in the
preceding sentence. The
fees | ||||||
| 2 | collected
shall be deposited with the State Treasurer into | ||||||
| 3 | the Long Term Care
Monitor/Receiver Fund, which has been | ||||||
| 4 | created as a special fund in the State
treasury.
This | ||||||
| 5 | special fund is to be used by the Department for expenses | ||||||
| 6 | related to
the appointment of monitors and receivers as | ||||||
| 7 | contained in Sections 3-501
through 3-517 of this Act and | ||||||
| 8 | for implementation of the Abuse Prevention Review Team Act. | ||||||
| 9 | At the end of each fiscal year, any funds in excess of
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| 10 | $1,000,000 held in the Long Term Care Monitor/Receiver Fund | ||||||
| 11 | shall be
deposited in the State's General Revenue Fund. The | ||||||
| 12 | application shall be under
oath and the submission of false | ||||||
| 13 | or misleading information shall be a Class
A misdemeanor. | ||||||
| 14 | The application shall contain the following information:
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| 15 | (a) The name and address of the applicant if an | ||||||
| 16 | individual, and if a firm,
partnership, or | ||||||
| 17 | association, of every member thereof, and in the case | ||||||
| 18 | of
a corporation, the name and address thereof and of | ||||||
| 19 | its officers and its
registered agent, and in the case | ||||||
| 20 | of a unit of local government, the name
and address of | ||||||
| 21 | its chief executive officer;
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| 22 | (b) The name and location of the facility for which | ||||||
| 23 | a license is sought;
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| 24 | (c) The name of the person or persons under whose | ||||||
| 25 | management or
supervision
the facility will be | ||||||
| 26 | conducted;
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| 1 | (d) The number and type of residents for which | ||||||
| 2 | maintenance, personal care,
or nursing is to be | ||||||
| 3 | provided; and
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| 4 | (e) Such information relating to the number, | ||||||
| 5 | experience, and training
of the employees of the | ||||||
| 6 | facility, any management agreements for the operation
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| 7 | of the facility, and of the moral character of the | ||||||
| 8 | applicant and employees
as the Department may deem | ||||||
| 9 | necessary.
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| 10 | (3) Each initial application shall be accompanied by a | ||||||
| 11 | financial
statement setting forth the financial condition | ||||||
| 12 | of the applicant and by a
statement from the unit of local | ||||||
| 13 | government having zoning jurisdiction over
the facility's | ||||||
| 14 | location stating that the location of the facility is not | ||||||
| 15 | in
violation of a zoning ordinance. An initial application | ||||||
| 16 | for a new facility
shall be accompanied by a permit as | ||||||
| 17 | required by the "Illinois Health Facilities
Planning Act". | ||||||
| 18 | After the application is approved, the applicant shall
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| 19 | advise the Department every 6 months of any changes in the | ||||||
| 20 | information
originally provided in the application.
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| 21 | (4) Other information necessary to determine the | ||||||
| 22 | identity and qualifications
of an applicant to operate a | ||||||
| 23 | facility in accordance with this Act shall
be included in | ||||||
| 24 | the application as required by the Department in | ||||||
| 25 | regulations.
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| 26 | (Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04; 94-931, | ||||||
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| 1 | eff. 6-26-06.)".
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