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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
5 | Sections 3-103 and 3-202.05 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
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10 | 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 | $1,990. 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 | ||||||
17 | license set forth in the
preceding sentence . The
fees | ||||||
18 | collected
shall be deposited with the State Treasurer into | ||||||
19 | the Long Term Care
Monitor/Receiver Fund, which has been | ||||||
20 | created as a special fund in the State
treasury.
This | ||||||
21 | special fund is to be used by the Department for expenses | ||||||
22 | related to
the appointment of monitors and receivers as | ||||||
23 | contained in Sections 3-501
through 3-517 of this Act, for |
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1 | the enforcement of this Act, and for implementation of the | ||||||
2 | Abuse Prevention Review Team Act. The Department may reduce | ||||||
3 | or waive a penalty pursuant to Section 3-308 only if that | ||||||
4 | action will not threaten the ability of the Department to | ||||||
5 | meet the expenses required to be met by the Long Term Care | ||||||
6 | Monitor/Receiver Fund. At the end of each fiscal year, any | ||||||
7 | funds in excess of
$1,000,000 held in the Long Term Care | ||||||
8 | Monitor/Receiver Fund shall be
deposited in the State's | ||||||
9 | General Revenue Fund. The application shall be under
oath | ||||||
10 | and the submission of false or misleading information shall | ||||||
11 | be a Class
A misdemeanor. The application shall contain the | ||||||
12 | following information:
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13 | (a) The name and address of the applicant if an | ||||||
14 | individual, and if a firm,
partnership, or | ||||||
15 | association, of every member thereof, and in the case | ||||||
16 | of
a corporation, the name and address thereof and of | ||||||
17 | its officers and its
registered agent, and in the case | ||||||
18 | of a unit of local government, the name
and address of | ||||||
19 | its chief executive officer;
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20 | (b) The name and location of the facility for which | ||||||
21 | a license is sought;
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22 | (c) The name of the person or persons under whose | ||||||
23 | management or
supervision
the facility will be | ||||||
24 | conducted;
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25 | (d) The number and type of residents for which | ||||||
26 | maintenance, personal care,
or nursing is to be |
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1 | provided; and
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2 | (e) Such information relating to the number, | ||||||
3 | experience, and training
of the employees of the | ||||||
4 | facility, any management agreements for the operation
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5 | of the facility, and of the moral character of the | ||||||
6 | applicant and employees
as the Department may deem | ||||||
7 | necessary.
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8 | (3) Each initial application shall be accompanied by a | ||||||
9 | financial
statement setting forth the financial condition | ||||||
10 | of the applicant and by a
statement from the unit of local | ||||||
11 | government having zoning jurisdiction over
the facility's | ||||||
12 | location stating that the location of the facility is not | ||||||
13 | in
violation of a zoning ordinance. An initial application | ||||||
14 | for a new facility
shall be accompanied by a permit as | ||||||
15 | required by the "Illinois Health Facilities
Planning Act". | ||||||
16 | After the application is approved, the applicant shall
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17 | advise the Department every 6 months of any changes in the | ||||||
18 | information
originally provided in the application.
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19 | (4) Other information necessary to determine the | ||||||
20 | identity and qualifications
of an applicant to operate a | ||||||
21 | facility in accordance with this Act shall
be included in | ||||||
22 | the application as required by the Department in | ||||||
23 | regulations.
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24 | (Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
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25 | (210 ILCS 45/3-202.05) |
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1 | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | ||||||
2 | thereafter. | ||||||
3 | (a) For the purpose of computing staff to resident ratios, | ||||||
4 | direct care staff shall include: | ||||||
5 | (1) registered nurses; | ||||||
6 | (2) licensed practical nurses; | ||||||
7 | (3) certified nurse assistants; | ||||||
8 | (4) psychiatric services rehabilitation aides; | ||||||
9 | (5) rehabilitation and therapy aides; | ||||||
10 | (6) psychiatric services rehabilitation coordinators; | ||||||
11 | (7) assistant directors of nursing; | ||||||
12 | (8) 50% of the Director of Nurses' time; and | ||||||
13 | (9) 30% of the Social Services Directors' time. | ||||||
14 | The Department shall, by rule, allow certain facilities | ||||||
15 | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | ||||||
16 | S) and 300.6000 and following (Subpart T) to utilize | ||||||
17 | specialized clinical staff, as defined in rules, to count | ||||||
18 | towards the staffing ratios. | ||||||
19 | (b) Beginning January July 1, 2011, and thereafter, light | ||||||
20 | intermediate care shall be staffed at the same staffing ratio | ||||||
21 | as intermediate care. | ||||||
22 | (c) Facilities shall notify the Department within 60 days | ||||||
23 | after the effective date of this amendatory Act of the 96th | ||||||
24 | General Assembly, in a form and manner prescribed by the | ||||||
25 | Department, of the staffing ratios in effect on the effective | ||||||
26 | date of this amendatory Act of the 96th General Assembly for |
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1 | both intermediate and skilled care and the number of residents | ||||||
2 | receiving each level of care. | ||||||
3 | (d)(1) Effective July 1, 2010, for each resident needing | ||||||
4 | skilled care, a minimum staffing ratio of 2.5 hours of nursing | ||||||
5 | and personal care each day must be provided; for each resident | ||||||
6 | needing intermediate care, 1.7 hours of nursing and personal | ||||||
7 | care each day must be provided. | ||||||
8 | (2) Effective January 1, 2011, the minimum staffing | ||||||
9 | ratios shall be increased to 2.7 hours of nursing and | ||||||
10 | personal care each day for a resident needing skilled care | ||||||
11 | and 1.9 hours of nursing and personal care each day for a | ||||||
12 | resident needing intermediate care. | ||||||
13 | (3) Effective January 1, 2012, the minimum staffing | ||||||
14 | ratios shall be increased to 3.0 hours of nursing and | ||||||
15 | personal care each day for a resident needing skilled care | ||||||
16 | and 2.1 hours of nursing and personal care each day for a | ||||||
17 | resident needing intermediate care. | ||||||
18 | (4) Effective January 1, 2013, the minimum staffing | ||||||
19 | ratios shall be increased to 3.4 hours of nursing and | ||||||
20 | personal care each day for a resident needing skilled care | ||||||
21 | and 2.3 hours of nursing and personal care each day for a | ||||||
22 | resident needing intermediate care. | ||||||
23 | (5) Effective January 1, 2014, the minimum staffing | ||||||
24 | ratios shall be increased to 3.8 hours of nursing and | ||||||
25 | personal care each day for a resident needing skilled care | ||||||
26 | and 2.5 hours of nursing and personal care each day for a |
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1 | resident needing intermediate care.
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2 | (Source: P.A. 96-1372, eff. 7-29-10.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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