Rep. Barbara Flynn Currie
Filed: 11/16/2010
 
 

 

 

 
09600HB1716ham001LRB096 05341 RPM 43781 a



1
AMENDMENT TO HOUSE BILL 1716 




2    AMENDMENT NO. ______. Amend House Bill 1716 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Nursing Home Care Act is amended  by 
5changing Sections 3-103 and 3-202.05 as follows:
 



6    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)



7    Sec. 3-103. The procedure for obtaining a valid license 
8shall be as follows: 

9        (1) Application to operate a facility shall be made to

10    the Department on forms furnished by the Department.

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 
 
 
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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, for 
8    the enforcement of this Act, and for implementation of the 
9    Abuse Prevention Review Team Act. The Department may reduce 
10    or waive a penalty pursuant to Section 3-308 only if that 
11    action will not threaten the ability of the Department to 
12    meet the expenses required to be met by the Long Term Care 
13    Monitor/Receiver Fund.  At the end of each fiscal year, any 
14    funds in excess of
$1,000,000 held in the Long Term Care 
15    Monitor/Receiver Fund shall be
deposited in the State's 
16    General Revenue Fund. The application shall be under
oath 
17    and the submission of false or misleading information shall 
18    be a Class
A misdemeanor. The application shall contain the 
19    following information:


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

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


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


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


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

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

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

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

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

5(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)

 
6    (210 ILCS 45/3-202.05)
7    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and 
8thereafter.
9    (a) For the purpose of computing staff to resident ratios, 
10direct care staff shall include:
11        (1) registered nurses;
12        (2) licensed practical nurses;
13        (3) certified nurse assistants;
14        (4) psychiatric services rehabilitation aides;
15        (5) rehabilitation and therapy aides;
16        (6)  psychiatric services rehabilitation coordinators;
17        (7) assistant directors of nursing;
18        (8) 50% of the Director of Nurses' time; and
19        (9) 30% of the Social Services Directors' time.
20    The Department shall, by rule, allow certain facilities 
21subject to 77 Ill. Admin. Code 300.4000 and following (Subpart 
22S) and 300.6000 and following (Subpart T) to utilize 
23specialized clinical staff, as defined in rules, to count 
24towards the staffing ratios. 
25    (b) Beginning January July 1, 2011, and thereafter, light 
 
 
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1intermediate care shall be staffed at the same staffing ratio 
2as intermediate care.
3    (c) Facilities shall notify the Department within 60 days 
4after the effective date of this amendatory Act of the 96th 
5General Assembly, in a form and manner prescribed by the 
6Department, of the staffing ratios in effect on the effective 
7date of this amendatory Act of the 96th General Assembly for 
8both intermediate and skilled care and the number of residents 
9receiving each level of care. 
10    (d)(1) Effective July 1, 2010, for each resident needing 
11skilled care, a minimum staffing ratio of 2.5 hours of nursing 
12and personal care each day must be provided; for each resident 
13needing intermediate care, 1.7 hours of nursing and personal 
14care each day must be provided.
15        (2) Effective January 1, 2011, the minimum staffing 
16    ratios shall be increased to 2.7 hours of nursing and 
17    personal care each day for a resident needing skilled care 
18    and 1.9 hours of nursing and personal care each day for a 
19    resident needing intermediate care.
20        (3) Effective January 1, 2012, the minimum staffing 
21    ratios shall be increased to 3.0 hours of nursing and 
22    personal care each day for a resident needing skilled care 
23    and 2.1 hours of nursing and personal care each day for a 
24    resident needing intermediate care.
25        (4) Effective January 1, 2013, the minimum staffing 
26    ratios shall be increased to 3.4 hours of nursing and 
 
 
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1    personal care each day for a resident needing skilled care 
2    and 2.3 hours of nursing and personal care each day for a 
3    resident needing intermediate care.
4        (5) Effective January 1, 2014, the minimum staffing 
5    ratios shall be increased to 3.8 hours of nursing and 
6    personal care each day for a resident needing skilled care 
7    and 2.5 hours of nursing and personal care each day for a 
8    resident needing intermediate care. 

9(Source: P.A. 96-1372, eff. 7-29-10.)
 
 
10    Section 99. Effective date. This Act takes effect upon 
11becoming law.".