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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Department of Veterans Affairs Act is | ||||||
| 5 | amended by changing Section 2.10 as follows:
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| 6 | (20 ILCS 2805/2.10)
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| 7 | Sec. 2.10. Conflicts with the Nursing Home Care Act. If | ||||||
| 8 | there is a
conflict between the provisions of this Act and the | ||||||
| 9 | provisions of the
Nursing Home Care Act concerning an Illinois | ||||||
| 10 | Veterans Home not operated by the
Department of Veterans' | ||||||
| 11 | Affairs, then the provisions of the Nursing Home Care
Act shall | ||||||
| 12 | apply. If there is a conflict between the provisions of this
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| 13 | Act and the provisions of the Nursing Home Care Act concerning
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| 14 | an Illinois Veterans Home operated by the Illinois Department
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| 15 | of Veterans' Affairs, then the provisions of this Act shall | ||||||
| 16 | apply.
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| 17 | (Source: P.A. 90-168, eff. 7-23-97.)
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| 18 | Section 10. The Nursing Home Care Act is amended by adding | ||||||
| 19 | Sections 3-101.5 and 3-308.5 as follows: | ||||||
| 20 | (210 ILCS 45/3-101.5 new) | ||||||
| 21 | Sec. 3-101.5. Illinois Veterans Homes. An Illinois | ||||||
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| 1 | Veterans Home licensed under this Act and operated by the | ||||||
| 2 | Illinois Department of Veterans' Affairs is exempt from the | ||||||
| 3 | license fee provisions of Section 3-103 of this Act and the | ||||||
| 4 | provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, | ||||||
| 5 | 3-302, 3-303, 3-401 through 3-423, 3-503 through 3-517, and | ||||||
| 6 | 3-603 through 3-607 of this Act. A monitor or receiver shall be | ||||||
| 7 | placed in an Illinois Veterans Home only by court order or by | ||||||
| 8 | agreement between the Director of Public Health, the Director | ||||||
| 9 | of Veterans' Affairs, and the Secretary of the United States | ||||||
| 10 | Department of Veterans Affairs. | ||||||
| 11 | (210 ILCS 45/3-308.5 new) | ||||||
| 12 | Sec. 3-308.5. Facilities operated by Department of | ||||||
| 13 | Veterans' Affairs; penalty offset. | ||||||
| 14 | (a) In the case of a veterans home, institution, or other | ||||||
| 15 | place operated by or under the authority of the Illinois | ||||||
| 16 | Department of Veterans' Affairs, the amount of any penalty or | ||||||
| 17 | fine shall be offset by the cost of the plan of correction, | ||||||
| 18 | capital improvements, or physical plant repairs. For purposes | ||||||
| 19 | of this Section only, "offset" means that the amount that the | ||||||
| 20 | Illinois Department of Veterans' Affairs expends to pay for the | ||||||
| 21 | cost of a plan of correction shall be deemed by the Illinois | ||||||
| 22 | Department of Public Health to fully satisfy any monetary | ||||||
| 23 | penalty or fine imposed by the Department of Public Health. | ||||||
| 24 | Once a fine or monetary penalty is offset pursuant to this | ||||||
| 25 | Section, in no case may the Department of Public Health, with | ||||||
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| 1 | respect to the offense for which the fine or penalty was | ||||||
| 2 | levied, continue to purport to impose a fine or monetary | ||||||
| 3 | penalty upon the Department of Veterans' Affairs for that | ||||||
| 4 | violation. | ||||||
| 5 | (b) The Director of Public Health shall issue a Declaration | ||||||
| 6 | to the Director of Veterans' Affairs confirming the citation of | ||||||
| 7 | each Type "A" violation and request that immediate action be | ||||||
| 8 | taken to protect the health and safety of the veterans in the | ||||||
| 9 | facility.
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| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law.
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