Health Care Licenses Committee
Filed: 3/11/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 149




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    AMENDMENT NO. ______. Amend House Bill 149 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Nursing Home Care Act is amended  by 
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changing Section 3-103 as follows:
 



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    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)



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    Sec. 3-103. The procedure for obtaining a valid license 
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shall be as follows: 

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        (1) Application to operate a facility shall be made to 
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    the
the Department on forms furnished by the Department.

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        (2)
All license applications shall be accompanied with 
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    an application fee.
The fee
for an annual license shall be 
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    $995. Facilities that pay a fee or assessment pursuant to 
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    Article V-C of the Illinois Public Aid Code shall be exempt 
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    from the license fee imposed under this item (2). The fee 
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    for a 2-year
license shall be double the fee for the annual 
 


 






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    license set forth in the
preceding sentence. The
fees 
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    collected
shall be deposited with the State Treasurer into 
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    the Long Term Care
Monitor/Receiver Fund, which has been 
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    created as a special fund in the State
treasury.
This 
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    special fund is to be used by the Department for expenses 
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    related to
the appointment of monitors and receivers as 
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    contained in Sections 3-501
through 3-517 of this Act and 
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    for implementation of the Abuse Prevention Review Team Act.  
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    At the end of each fiscal year, any funds in excess of

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    $1,000,000 held in the Long Term Care Monitor/Receiver Fund 
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    shall be
deposited in the State's General Revenue Fund. The 
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    application shall be under
oath and the submission of false 
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    or misleading information shall be a Class
A misdemeanor. 
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    The application shall contain the following information:


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            (a) The name and address of the applicant if an 
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        individual, and if a firm,
partnership, or 
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        association, of every member thereof, and in the case 
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        of
a corporation, the name and address thereof and of 
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        its officers and its
registered agent, and in the case 
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        of a unit of local government, the name
and address of 
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        its chief executive officer;

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            (b) The name and location of the facility for which 
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        a license is sought;


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            (c) The name of the person or persons under whose 
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        management or
supervision
the facility will be 
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        conducted;


 


 






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            (d) The number and type of residents for which 
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        maintenance, personal care,
or nursing is to be 
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        provided; and


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            (e) Such information relating to the number, 
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        experience, and training
of the employees of the 
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        facility, any management agreements for the operation

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        of the facility, and of the moral character of the 
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        applicant and employees
as the Department may deem 
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        necessary.

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        (3) Each initial application shall be accompanied by a 
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    financial
statement setting forth the financial condition 
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    of the applicant and by a
statement from the unit of local 
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    government having zoning jurisdiction over
the facility's 
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    location stating that the location of the facility is not 
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    in
violation of a zoning ordinance. An initial application 
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    for a new facility
shall be accompanied by a permit as 
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    required by the "Illinois Health Facilities
Planning Act". 
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    After the application is approved, the applicant shall

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    advise the Department every 6 months of any changes in the 
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    information
originally provided in the application.

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        (4) Other information necessary to determine the 
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    identity and qualifications
of an applicant to operate a 
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    facility in accordance with this Act shall
be included in 
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    the application as required by the Department in 
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    regulations.

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(Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04; 94-931, 
 


 






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eff. 6-26-06.)".