Sen. Deanna Demuzio
Filed: 5/5/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4237




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    AMENDMENT NO. ______. Amend House Bill 4237 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Department of Veterans Affairs Act is 
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amended  by changing Section 2.10 as follows:
 



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    (20 ILCS 2805/2.10)



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    Sec. 2.10. Conflicts with the Nursing Home Care Act. If 
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there is a
conflict between the provisions of this Act and the 
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provisions of the
Nursing Home Care Act concerning an Illinois 
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Veterans Home not operated by the
Department of Veterans' 
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Affairs, then the provisions of the Nursing Home Care
Act shall 
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apply. If there is a conflict between the provisions of this

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Act and the provisions of the Nursing Home Care Act concerning

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an Illinois Veterans Home operated by the Illinois Department

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of Veterans' Affairs, then the provisions of this Act shall 
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apply. 

 


 






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(Source: P.A. 90-168, eff. 7-23-97.)

 
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    Section 10. The Nursing Home Care Act is amended  by adding 
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Sections 3-101.5 and 3-308.5 as follows:
 
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    (210 ILCS 45/3-101.5  new)
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    Sec. 3-101.5. Illinois Veterans Homes. An Illinois 
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Veterans Home licensed under this Act and operated by the 
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Illinois Department of Veterans' Affairs is exempt from the 
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license fee provisions of Section 3-103 of this Act and the 
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provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, 
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3-302, 3-303, 3-401 through 3-423, 3-503 through 3-517, and 
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3-603 through 3-607 of this Act. A monitor or receiver shall be 
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placed in an Illinois Veterans Home only by court order or by 
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agreement between the Director of Public Health, the Director 
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of Veterans' Affairs, and the Secretary of the United States 
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Department of Veterans Affairs.
 
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    (210 ILCS 45/3-308.5  new)
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    Sec. 3-308.5. Facilities operated by Department of 
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Veterans' Affairs; penalty offset.
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    (a) In the case of a veterans home, institution, or other 
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place operated by or under the authority of the Illinois 
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Department of Veterans' Affairs, the amount of any penalty or 
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fine shall be offset by the cost of the plan of correction, 
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capital improvements, or physical plant repairs. For purposes 
 


 






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of this Section only, "offset" means that the amount that the 
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Illinois Department of Veterans' Affairs expends to pay for the 
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cost of a plan of correction shall be deemed by the Illinois 
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Department of Public Health to fully satisfy any monetary 
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penalty or fine imposed by the Department of Public Health.  
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Once a fine or monetary penalty is offset pursuant to this 
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Section, in no case may the Department of Public Health, with 
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respect to the offense for which the fine or penalty was 
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levied, continue to purport to impose a fine or monetary 
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penalty upon the Department of Veterans' Affairs for that 
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violation.
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    (b) The Director of Public Health shall issue a Declaration 
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to the Director of Veterans' Affairs confirming the citation of 
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each Type "A" violation and request that immediate action be 
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taken to protect the health and safety of the veterans in the 
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facility.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".