Sen. Heather Steans
Filed: 5/6/2010
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1 | AMENDMENT TO HOUSE BILL 5255
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2 | AMENDMENT NO. ______. Amend House Bill 5255, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Act on Aging is amended by | ||||||
6 | changing Section 4.04 as follows:
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7 | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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8 | Sec. 4.04. Long Term Care Ombudsman Program.
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9 | (a) Long Term Care Ombudsman Program. The Department shall
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10 | establish a Long Term Care Ombudsman Program, through the | ||||||
11 | Office of State
Long Term Care Ombudsman ("the Office"), in | ||||||
12 | accordance with the provisions of
the Older Americans Act of | ||||||
13 | 1965, as now or hereafter amended.
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14 | (b) Definitions. As used in this Section, unless the | ||||||
15 | context requires
otherwise:
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16 | (1) "Access" has the same meaning as in Section 1-104 |
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1 | of the Nursing
Home Care Act, as now or hereafter amended; | ||||||
2 | that is, it means the right to:
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3 | (i) Enter any long term care facility or assisted | ||||||
4 | living or shared
housing establishment or supportive | ||||||
5 | living facility;
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6 | (ii) Communicate privately and without restriction | ||||||
7 | with any resident, regardless of age,
who consents to | ||||||
8 | the communication;
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9 | (iii) Seek consent to communicate privately and | ||||||
10 | without restriction
with any resident, regardless of | ||||||
11 | age;
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12 | (iv) Inspect the clinical and other records of a | ||||||
13 | resident, regardless of age, with the
express written | ||||||
14 | consent of the resident;
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15 | (v) Observe all areas of the long term care | ||||||
16 | facility or supportive
living facilities, assisted | ||||||
17 | living or shared housing establishment except the
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18 | living area of any resident who protests the | ||||||
19 | observation.
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20 | (2) "Long Term Care Facility" means (i) any facility as | ||||||
21 | defined by Section
1-113 of the Nursing Home Care Act, as | ||||||
22 | now or hereafter amended; and (ii) any
skilled nursing | ||||||
23 | facility or a nursing facility which meets the
requirements | ||||||
24 | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | ||||||
25 | (b),
(c), and (d) of the Social Security Act, as now or | ||||||
26 | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) |
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1 | and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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2 | (2.5) "Assisted living establishment" and "shared | ||||||
3 | housing establishment"
have the meanings given those terms | ||||||
4 | in Section 10 of the Assisted Living and
Shared Housing | ||||||
5 | Act.
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6 | (2.7) "Supportive living facility" means a facility | ||||||
7 | established under
Section 5-5.01a of the Illinois Public | ||||||
8 | Aid Code.
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9 | (3) "State Long Term Care Ombudsman" means any person | ||||||
10 | employed by the
Department to fulfill
the requirements of | ||||||
11 | the Office of State Long Term Care Ombudsman as
required | ||||||
12 | under the Older Americans Act of 1965, as now or hereafter | ||||||
13 | amended,
and Departmental policy.
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14 | (3.1) "Ombudsman" means any designated representative | ||||||
15 | of a regional long
term care ombudsman program; provided | ||||||
16 | that the representative, whether he is
paid for or | ||||||
17 | volunteers his ombudsman services, shall be qualified and
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18 | designated by the Office to perform the duties of an | ||||||
19 | ombudsman as specified by
the Department in rules and in | ||||||
20 | accordance with the provisions of
the Older Americans Act | ||||||
21 | of 1965, as now or hereafter amended.
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22 | (c) Ombudsman; rules. The Office of State Long Term Care | ||||||
23 | Ombudsman shall
be composed of at least one full-time ombudsman | ||||||
24 | and shall include a system of
designated regional long term | ||||||
25 | care ombudsman programs. Each regional program
shall be | ||||||
26 | designated by the State Long Term Care Ombudsman as a |
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1 | subdivision of
the Office and any representative of a regional | ||||||
2 | program shall be treated as a
representative of the Office.
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3 | The Department, in consultation with the Office, shall | ||||||
4 | promulgate
administrative rules in accordance with the | ||||||
5 | provisions of the Older Americans
Act of 1965, as now or | ||||||
6 | hereafter amended, to establish the responsibilities of
the | ||||||
7 | Department and the Office of State Long Term Care Ombudsman and | ||||||
8 | the
designated regional Ombudsman programs. The administrative | ||||||
9 | rules shall include
the responsibility of the Office and | ||||||
10 | designated regional programs to
investigate and resolve | ||||||
11 | complaints made by or on behalf of residents of long
term care | ||||||
12 | facilities, supportive living facilities, and assisted living | ||||||
13 | and
shared housing establishments, including the option to | ||||||
14 | serve residents under the age of 60, relating to actions, | ||||||
15 | inaction, or
decisions of providers, or their representatives, | ||||||
16 | of long term care
facilities, of supported living facilities, | ||||||
17 | of assisted living and shared
housing establishments, of public | ||||||
18 | agencies, or of social services agencies,
which may adversely | ||||||
19 | affect the health, safety, welfare, or rights of such
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20 | residents. The Office and designated regional programs may | ||||||
21 | represent all residents, but are not required by this Act to | ||||||
22 | represent persons under 60 years of age, except to the extent | ||||||
23 | required by federal law.
When necessary and appropriate, | ||||||
24 | representatives of the Office shall refer
complaints to the | ||||||
25 | appropriate regulatory State agency.
The Department, in | ||||||
26 | consultation with the Office, shall cooperate with the
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1 | Department of Human Services and other State agencies in | ||||||
2 | providing information and training to
designated regional long | ||||||
3 | term care ombudsman programs about the appropriate
assessment | ||||||
4 | and treatment (including information about appropriate | ||||||
5 | supportive
services, treatment options, and assessment of | ||||||
6 | rehabilitation potential) of the residents they serve, | ||||||
7 | including children,
persons with mental illness (other than | ||||||
8 | Alzheimer's disease and related
disorders), and persons with | ||||||
9 | developmental disabilities. | ||||||
10 | The State Long Term Care Ombudsman and all other ombudsmen, | ||||||
11 | as defined in paragraph (3.1) of subsection (b) must submit to | ||||||
12 | background checks under the Health Care Worker Background Check | ||||||
13 | Act and receive training, as prescribed by the Illinois | ||||||
14 | Department on Aging, before visiting facilities. The training | ||||||
15 | must include information specific to assisted living | ||||||
16 | establishments, supportive living facilities, and shared | ||||||
17 | housing establishments and to the rights of residents | ||||||
18 | guaranteed under the corresponding Acts and administrative | ||||||
19 | rules.
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20 | (c-5) Consumer Choice Information Reports. The Office | ||||||
21 | shall: | ||||||
22 | (1) In collaboration with the Attorney General, create | ||||||
23 | a Consumer Choice Information Report form to be completed | ||||||
24 | by all licensed long term care facilities to aid | ||||||
25 | Illinoisans and their families in making informed choices | ||||||
26 | about long term care. The Office shall create a Consumer |
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1 | Choice Information Report for each type of licensed long | ||||||
2 | term care facility. | ||||||
3 | (2) Develop a database of Consumer Choice Information | ||||||
4 | Reports completed by licensed long term care facilities | ||||||
5 | that includes information in the following consumer | ||||||
6 | categories: | ||||||
7 | (A) Medical Care, Services, and Treatment. | ||||||
8 | (B) Special Services and Amenities. | ||||||
9 | (C) Staffing. | ||||||
10 | (D) Facility Statistics and Resident Demographics. | ||||||
11 | (E) Ownership and Administration. | ||||||
12 | (F) Safety and Security. | ||||||
13 | (G) Meals and Nutrition. | ||||||
14 | (H) Rooms, Furnishings, and Equipment. | ||||||
15 | (I) Family, Volunteer, and Visitation Provisions. | ||||||
16 | (3) Make this information accessible to the public, | ||||||
17 | including on the Internet by means of a hyperlink labeled | ||||||
18 | "Resident's Right to Know" on the Office's World Wide Web | ||||||
19 | home page. | ||||||
20 | (4) Have the authority, with the Attorney General, to | ||||||
21 | verify that information provided by a facility is accurate. | ||||||
22 | (5) Request a new report from any licensed facility | ||||||
23 | whenever it deems necessary.
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24 | (d) Access and visitation rights.
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25 | (6) Include in the Office's Consumer Choice
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26 | Information Report for each type of licensed long term care
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1 | facility additional information on each licensed long term
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2 | care facility in the State of Illinois, including
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3 | information regarding each facility's compliance with the
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4 | relevant State and federal statutes, rules, and standards;
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5 | customer satisfaction surveys; and information generated
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6 | from quality measures developed by the Centers for Medicare
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7 | and Medicaid Services.
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8 | (1) In accordance with subparagraphs (A) and (E) of | ||||||
9 | paragraph (3) of
subsection (c) of Section 1819
and | ||||||
10 | subparagraphs (A) and (E) of paragraph (3) of subsection | ||||||
11 | (c) of Section
1919 of the Social Security Act, as now or | ||||||
12 | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||||||
13 | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||||||
14 | Older Americans Act of 1965, as now or hereafter
amended | ||||||
15 | (42 U.S.C. 3058f), a long term care facility, supportive | ||||||
16 | living
facility, assisted living
establishment, and shared | ||||||
17 | housing establishment must:
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18 | (i) permit immediate access to any resident, | ||||||
19 | regardless of age, by a designated
ombudsman; and
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20 | (ii) permit representatives of the Office, with | ||||||
21 | the permission of the
resident's legal representative | ||||||
22 | or legal guardian, to examine a resident's
clinical and | ||||||
23 | other records, regardless of the age of the resident, | ||||||
24 | and if a resident is unable to consent to such
review, | ||||||
25 | and has no legal guardian, permit representatives of | ||||||
26 | the Office
appropriate access, as defined by the |
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1 | Department, in consultation with the
Office, in | ||||||
2 | administrative rules, to the resident's records.
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3 | (2) Each long term care facility, supportive living | ||||||
4 | facility, assisted
living establishment, and
shared | ||||||
5 | housing establishment shall display, in multiple, | ||||||
6 | conspicuous
public places within the facility accessible | ||||||
7 | to both visitors and residents and
in an easily readable | ||||||
8 | format, the address and phone number of the Office of the
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9 | Long Term Care Ombudsman, in a manner prescribed by the | ||||||
10 | Office.
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11 | (e) Immunity. An ombudsman or any representative of the | ||||||
12 | Office participating
in the good faith performance of his or | ||||||
13 | her official duties
shall have immunity from any liability | ||||||
14 | (civil, criminal or otherwise) in
any proceedings (civil, | ||||||
15 | criminal or otherwise) brought as a consequence of
the | ||||||
16 | performance of his official duties.
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17 | (f) Business offenses.
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18 | (1) No person shall:
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19 | (i) Intentionally prevent, interfere with, or | ||||||
20 | attempt to impede in any
way any representative of the | ||||||
21 | Office in the performance of his
official
duties under | ||||||
22 | this Act and the Older Americans Act of 1965; or
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23 | (ii) Intentionally retaliate, discriminate | ||||||
24 | against, or effect reprisals
against any long term care | ||||||
25 | facility resident or employee for contacting or
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26 | providing information to any representative of the |
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1 | Office.
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2 | (2) A violation of this Section is a business offense, | ||||||
3 | punishable by a
fine not to exceed $501.
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4 | (3) The Director of Aging, in consultation with the | ||||||
5 | Office, shall
notify the State's Attorney of the
county in | ||||||
6 | which the long term care facility, supportive living | ||||||
7 | facility, or
assisted living or shared housing | ||||||
8 | establishment is located,
or the Attorney General, of any | ||||||
9 | violations of this Section.
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10 | (g) Confidentiality of records and identities. The | ||||||
11 | Department shall
establish procedures for the disclosure by the | ||||||
12 | State Ombudsman or the regional
ombudsmen
entities of files | ||||||
13 | maintained by the program. The procedures shall provide that
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14 | the files and records may be disclosed only at the discretion | ||||||
15 | of the State Long
Term Care
Ombudsman or the person designated | ||||||
16 | by the State Ombudsman to disclose the files
and records, and | ||||||
17 | the procedures shall prohibit the disclosure of the identity
of | ||||||
18 | any complainant, resident, witness, or employee of a long term | ||||||
19 | care provider
unless:
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20 | (1) the complainant, resident, witness, or employee of | ||||||
21 | a long term care
provider or his or her legal | ||||||
22 | representative consents to the disclosure and the
consent | ||||||
23 | is in writing;
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24 | (2) the complainant, resident, witness, or employee of | ||||||
25 | a long term care
provider gives consent orally; and the | ||||||
26 | consent is documented contemporaneously
in writing in
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1 | accordance with such requirements as the Department shall | ||||||
2 | establish; or
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3 | (3) the disclosure is required by court order.
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4 | (h) Legal representation. The Attorney General shall
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5 | provide legal representation to any representative of the | ||||||
6 | Office
against
whom suit or other legal action is brought in | ||||||
7 | connection with the
performance of the representative's | ||||||
8 | official duties, in accordance with the
State Employee | ||||||
9 | Indemnification Act.
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10 | (i) Treatment by prayer and spiritual means. Nothing in | ||||||
11 | this Act shall
be construed to authorize or require the medical | ||||||
12 | supervision, regulation
or control of remedial care or | ||||||
13 | treatment of any resident in a long term
care facility operated | ||||||
14 | exclusively by and for members or adherents of any
church or | ||||||
15 | religious denomination the tenets and practices of which | ||||||
16 | include
reliance solely upon spiritual means through prayer for | ||||||
17 | healing.
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18 | (j) The Long Term Care Ombudsman Fund is created as a | ||||||
19 | special fund in the State treasury to receive moneys for the | ||||||
20 | express purposes of this Section. All interest earned on moneys | ||||||
21 | in the fund shall be credited to the fund. Moneys contained in | ||||||
22 | the fund shall be used to support the purposes of this Section. | ||||||
23 | (Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09; | ||||||
24 | 96-328, eff. 8-11-09; 96-758, eff. 8-25-09.)
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25 | Section 10. The Department of Public Health Powers and |
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1 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
2 | amended by changing Section 2310-130 as follows: | ||||||
3 | (20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82) | ||||||
4 | Sec. 2310-130. Medicare or Medicaid certification fee;
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5 | Health Care Facility and Program Survey
Fund. To establish and | ||||||
6 | charge a fee to any facility or program applying to be
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7 | certified to participate in the Medicare
program under Title | ||||||
8 | XVIII of the federal Social Security Act or in the Medicaid
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9 | program under Title XIX of the federal Social Security Act to | ||||||
10 | cover the costs
associated with the application, inspection, | ||||||
11 | and survey of the facility or
program and processing of the | ||||||
12 | application. The Department shall establish
the
fee by rule, | ||||||
13 | and the fee shall be based only on those application,
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14 | inspection,
and survey and processing costs not reimbursed to | ||||||
15 | the State by the federal
government. The fee shall be paid by | ||||||
16 | the facility or program before the
application is processed. | ||||||
17 | The fees received by the Department under this Section | ||||||
18 | shall be
deposited into the Health Care Facility and Program | ||||||
19 | Survey Fund, which is
hereby created as a special fund in the | ||||||
20 | State treasury. Moneys in the Fund
shall be appropriated to the | ||||||
21 | Department and may be used for any costs incurred
by the | ||||||
22 | Department, including personnel costs, in the processing of
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23 | applications for Medicare or Medicaid certification. | ||||||
24 | Beginning July 1, 2011, the Department shall employ a | ||||||
25 | minimum of one surveyor for every 500 licensed long term care |
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1 | beds. Beginning July 1, 2012, the Department shall employ a | ||||||
2 | minimum of one surveyor for every 400 licensed long term care | ||||||
3 | beds. Beginning July 1, 2013, the Department shall employ a | ||||||
4 | minimum of one surveyor for every 300 licensed long term care | ||||||
5 | beds. | ||||||
6 | (Source: P.A. 91-239, eff. 1-1-00.) | ||||||
7 | Section 15. The Criminal Identification Act is amended by | ||||||
8 | adding Section 7.5 as follows: | ||||||
9 | (20 ILCS 2630/7.5 new) | ||||||
10 | Sec. 7.5. Notification of outstanding warrant. If the | ||||||
11 | existence of an outstanding arrest warrant is identified by the | ||||||
12 | Department of State Police in connection with the criminal | ||||||
13 | history background checks conducted pursuant to subsection (b) | ||||||
14 | of Section 2-201.5 of the Nursing Home Care Act or subsection | ||||||
15 | (d) of Section 6.09 of the Hospital Licensing Act, the | ||||||
16 | Department shall notify the jurisdiction issuing the warrant of | ||||||
17 | the following: | ||||||
18 | (1) Existence of the warrant. | ||||||
19 | (2) The name, address, and telephone number of the | ||||||
20 | licensed long term care facility in which the wanted person | ||||||
21 | resides. | ||||||
22 | Local issuing jurisdictions shall be aware that nursing | ||||||
23 | facilities have residents who may be fragile or vulnerable or | ||||||
24 | who may have a mental illness. When serving a warrant, law |
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1 | enforcement shall make every attempt to mitigate the adverse | ||||||
2 | impact on other facility residents. | ||||||
3 | Section 20. The Illinois Health Facilities Planning Act is | ||||||
4 | amended by changing Section 14.1 as follows:
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5 | (20 ILCS 3960/14.1)
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6 | (Text of Section before amendment by P.A. 96-339 )
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7 | (Section scheduled to be repealed on December 31, 2019)
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8 | Sec. 14.1. Denial of permit; other sanctions.
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9 | (a) The State Board may deny an application for a permit or | ||||||
10 | may revoke or
take other action as permitted by this Act with | ||||||
11 | regard to a permit as the State
Board deems appropriate, | ||||||
12 | including the imposition of fines as set forth in this
Section, | ||||||
13 | for any one or a combination of the following:
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14 | (1) The acquisition of major medical equipment without | ||||||
15 | a permit or in
violation of the terms of a permit.
| ||||||
16 | (2) The establishment, construction, or modification | ||||||
17 | of a health care
facility without a permit or in violation | ||||||
18 | of the terms of a permit.
| ||||||
19 | (3) The violation of any provision of this Act or any | ||||||
20 | rule adopted
under this Act.
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21 | (4) The failure, by any person subject to this Act, to | ||||||
22 | provide information
requested by the State Board or Agency | ||||||
23 | within 30 days after a formal written
request for the | ||||||
24 | information.
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1 | (5) The failure to pay any fine imposed under this | ||||||
2 | Section within 30 days
of its imposition.
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3 | (a-5) For facilities licensed under the Nursing Home Care | ||||||
4 | Act, no permit shall be denied on the basis of prior operator | ||||||
5 | history, other than for : (i) actions specified under item (2), | ||||||
6 | (3), (4), or (5) , or (6) of Section 3-117 of the Nursing Home | ||||||
7 | Care Act ; (ii) actions specified under item (a)(6) of Section | ||||||
8 | 3-119 of the Nursing Home Care Act; or (iii) actions within the | ||||||
9 | preceding 5 years constituting a substantial and repeated | ||||||
10 | failure to comply with the Nursing Home Care Act or the rules | ||||||
11 | and regulations adopted by the Department under that Act. The | ||||||
12 | State Board shall not deny a permit on account of any action | ||||||
13 | described in item (i), (ii), or (iii) of this subsection | ||||||
14 | without also considering all such actions in the light of all | ||||||
15 | relevant information available to the State Board, including | ||||||
16 | whether the permit is sought to substantially comply with a | ||||||
17 | mandatory or voluntary plan of correction associated with any | ||||||
18 | action described in item (i), (ii), or (iii) of this | ||||||
19 | subsection .
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20 | (b) Persons shall be subject to fines as follows:
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21 | (1) A permit holder who fails to comply with the | ||||||
22 | requirements of
maintaining a valid permit shall be fined | ||||||
23 | an amount not to exceed 1% of the
approved permit amount | ||||||
24 | plus an additional 1% of the approved permit amount for
| ||||||
25 | each 30-day period, or fraction thereof, that the violation | ||||||
26 | continues.
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1 | (2) A permit holder who alters the scope of an approved | ||||||
2 | project or whose
project costs exceed the allowable permit | ||||||
3 | amount without first obtaining
approval from the State | ||||||
4 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
5 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
6 | and (ii) in those
cases where the approved permit amount is | ||||||
7 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
8 | each $1,000,000, or fraction thereof, in excess of the
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9 | approved permit amount.
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10 | (3) A person who acquires major medical equipment or | ||||||
11 | who establishes a
category of service without first | ||||||
12 | obtaining a permit or exemption, as the case
may be, shall | ||||||
13 | be fined an amount not to exceed $10,000 for each such
| ||||||
14 | acquisition or category of service established plus an | ||||||
15 | additional $10,000 for
each 30-day period, or fraction | ||||||
16 | thereof, that the violation continues.
| ||||||
17 | (4) A person who constructs, modifies, or establishes a | ||||||
18 | health care
facility without first obtaining a permit shall | ||||||
19 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
20 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
21 | the violation continues.
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22 | (5) A person who discontinues a health care facility or | ||||||
23 | a category of
service without first obtaining a permit | ||||||
24 | shall be fined an amount not to exceed
$10,000 plus an | ||||||
25 | additional $10,000 for each 30-day period, or fraction | ||||||
26 | thereof,
that the violation continues. For purposes of this |
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1 | subparagraph (5), facilities licensed under the Nursing | ||||||
2 | Home Care Act, with the exceptions of facilities operated | ||||||
3 | by a county or Illinois Veterans Homes, are exempt from | ||||||
4 | this permit requirement. However, facilities licensed | ||||||
5 | under the Nursing Home Care Act must comply with Section | ||||||
6 | 3-423 of that Act and must provide the Board with 30-days' | ||||||
7 | written notice of its intent to close.
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8 | (6) A person subject to this Act who fails to provide | ||||||
9 | information
requested by the State Board or Agency within | ||||||
10 | 30 days of a formal written
request shall be fined an | ||||||
11 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
12 | each 30-day period, or fraction thereof, that the | ||||||
13 | information is not
received by the State Board or Agency.
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14 | (c) Before imposing any fine authorized under this Section, | ||||||
15 | the State Board
shall afford the person or permit holder, as | ||||||
16 | the case may be, an appearance
before the State Board and an | ||||||
17 | opportunity for a hearing before a hearing
officer appointed by | ||||||
18 | the State Board. The hearing shall be conducted in
accordance | ||||||
19 | with Section 10.
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20 | (d) All fines collected under this Act shall be transmitted | ||||||
21 | to the State
Treasurer, who shall deposit them into the | ||||||
22 | Illinois Health Facilities Planning
Fund.
| ||||||
23 | (Source: P.A. 95-543, eff. 8-28-07 .)
| ||||||
24 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
25 | (Section scheduled to be repealed on December 31, 2019) |
| |||||||
| |||||||
1 | Sec. 14.1. Denial of permit; other sanctions. | ||||||
2 | (a) The State Board may deny an application for a permit or | ||||||
3 | may revoke or
take other action as permitted by this Act with | ||||||
4 | regard to a permit as the State
Board deems appropriate, | ||||||
5 | including the imposition of fines as set forth in this
Section, | ||||||
6 | for any one or a combination of the following: | ||||||
7 | (1) The acquisition of major medical equipment without | ||||||
8 | a permit or in
violation of the terms of a permit. | ||||||
9 | (2) The establishment, construction, or modification | ||||||
10 | of a health care
facility without a permit or in violation | ||||||
11 | of the terms of a permit. | ||||||
12 | (3) The violation of any provision of this Act or any | ||||||
13 | rule adopted
under this Act. | ||||||
14 | (4) The failure, by any person subject to this Act, to | ||||||
15 | provide information
requested by the State Board or Agency | ||||||
16 | within 30 days after a formal written
request for the | ||||||
17 | information. | ||||||
18 | (5) The failure to pay any fine imposed under this | ||||||
19 | Section within 30 days
of its imposition. | ||||||
20 | (a-5) For facilities licensed under the Nursing Home Care | ||||||
21 | Act or the MR/DD Community Care Act, no permit shall be denied | ||||||
22 | on the basis of prior operator history, other than for actions | ||||||
23 | specified under item (2), (4), or (5) of Section 3-117 of the | ||||||
24 | Nursing Home Care Act or under item (2), (4), or (5) of Section | ||||||
25 | 3-117 of the MR/DD Community Care Act . For facilities licensed | ||||||
26 | under the Nursing Home Care Act, no permit shall be denied on |
| |||||||
| |||||||
1 | the basis of prior operator history, other than for: (i) | ||||||
2 | actions specified under item (2), (3), (4), (5), or (6) of | ||||||
3 | Section 3-117 of the Nursing Home Care Act; (ii) actions | ||||||
4 | specified under item (a)(6) of Section 3-119 of the Nursing | ||||||
5 | Home Care Act; or (iii) actions within the preceding 5 years | ||||||
6 | constituting a substantial and repeated failure to comply with | ||||||
7 | the Nursing Home Care Act or the rules and regulations adopted | ||||||
8 | by the Department under that Act. The State Board shall not | ||||||
9 | deny a permit on account of any action described in this | ||||||
10 | subsection (a-5) without also considering all such actions in | ||||||
11 | the light of all relevant information available to the State | ||||||
12 | Board, including whether the permit is sought to substantially | ||||||
13 | comply with a mandatory or voluntary plan of correction | ||||||
14 | associated with any action described in this subsection (a-5) .
| ||||||
15 | (b) Persons shall be subject to fines as follows: | ||||||
16 | (1) A permit holder who fails to comply with the | ||||||
17 | requirements of
maintaining a valid permit shall be fined | ||||||
18 | an amount not to exceed 1% of the
approved permit amount | ||||||
19 | plus an additional 1% of the approved permit amount for
| ||||||
20 | each 30-day period, or fraction thereof, that the violation | ||||||
21 | continues. | ||||||
22 | (2) A permit holder who alters the scope of an approved | ||||||
23 | project or whose
project costs exceed the allowable permit | ||||||
24 | amount without first obtaining
approval from the State | ||||||
25 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
26 | the lesser of $25,000 or 2% of the approved permit amount |
| |||||||
| |||||||
1 | and (ii) in those
cases where the approved permit amount is | ||||||
2 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
3 | each $1,000,000, or fraction thereof, in excess of the
| ||||||
4 | approved permit amount. | ||||||
5 | (3) A person who acquires major medical equipment or | ||||||
6 | who establishes a
category of service without first | ||||||
7 | obtaining a permit or exemption, as the case
may be, shall | ||||||
8 | be fined an amount not to exceed $10,000 for each such
| ||||||
9 | acquisition or category of service established plus an | ||||||
10 | additional $10,000 for
each 30-day period, or fraction | ||||||
11 | thereof, that the violation continues. | ||||||
12 | (4) A person who constructs, modifies, or establishes a | ||||||
13 | health care
facility without first obtaining a permit shall | ||||||
14 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
15 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
16 | the violation continues. | ||||||
17 | (5) A person who discontinues a health care facility or | ||||||
18 | a category of
service without first obtaining a permit | ||||||
19 | shall be fined an amount not to exceed
$10,000 plus an | ||||||
20 | additional $10,000 for each 30-day period, or fraction | ||||||
21 | thereof,
that the violation continues. For purposes of this | ||||||
22 | subparagraph (5), facilities licensed under the Nursing | ||||||
23 | Home Care Act or the MR/DD Community Care Act, with the | ||||||
24 | exceptions of facilities operated by a county or Illinois | ||||||
25 | Veterans Homes, are exempt from this permit requirement. | ||||||
26 | However, facilities licensed under the Nursing Home Care |
| |||||||
| |||||||
1 | Act or the MR/DD Community Care Act must comply with | ||||||
2 | Section 3-423 of the Nursing Home Care Act or Section 3-423 | ||||||
3 | of the MR/DD Community Care Act and must provide the Board | ||||||
4 | with 30-days' written notice of its intent to close.
| ||||||
5 | (6) A person subject to this Act who fails to provide | ||||||
6 | information
requested by the State Board or Agency within | ||||||
7 | 30 days of a formal written
request shall be fined an | ||||||
8 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
9 | each 30-day period, or fraction thereof, that the | ||||||
10 | information is not
received by the State Board or Agency. | ||||||
11 | (c) Before imposing any fine authorized under this Section, | ||||||
12 | the State Board
shall afford the person or permit holder, as | ||||||
13 | the case may be, an appearance
before the State Board and an | ||||||
14 | opportunity for a hearing before a hearing
officer appointed by | ||||||
15 | the State Board. The hearing shall be conducted in
accordance | ||||||
16 | with Section 10. | ||||||
17 | (d) All fines collected under this Act shall be transmitted | ||||||
18 | to the State
Treasurer, who shall deposit them into the | ||||||
19 | Illinois Health Facilities Planning
Fund. | ||||||
20 | (Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10 .)
| ||||||
21 | Section 22. The State Finance Act is amended by changing | ||||||
22 | Section 5.589 as follows: | ||||||
23 | (30 ILCS 105/5.589) | ||||||
24 | Sec. 5.589. The Equity Innovations in Long-term Care |
| |||||||
| |||||||
1 | Quality
Demonstration Grants
Fund. | ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
3 | Section 23. The Innovations in Long-term Care Quality | ||||||
4 | Grants Act is amended by changing the title of the Act and | ||||||
5 | Sections 1, 5, 10, 15, and 20 as follows:
| ||||||
6 | (30 ILCS 772/Act title)
| ||||||
7 | An Act to create the Equity Innovations in Long-term Care | ||||||
8 | Quality
Grants Act. | ||||||
9 | (30 ILCS 772/1) | ||||||
10 | Sec. 1. Short title. This Act may be cited as the Equity | ||||||
11 | Innovations in Long-term Care Quality Grants Act. | ||||||
12 | (Source: P.A. 92-784, eff. 8-6-02.) | ||||||
13 | (30 ILCS 772/5) | ||||||
14 | Sec. 5. Grant program. The Director of Public Health shall
| ||||||
15 | establish a long-term care grant program that brings | ||||||
16 | demonstrates the best practices
and innovation in for long-term | ||||||
17 | care and services to residents of facilities licensed under the | ||||||
18 | Nursing Home Care Act, and facilities that are in receivership, | ||||||
19 | that are in areas the Director has determined are without | ||||||
20 | access to high-quality nursing home care service, delivery, and | ||||||
21 | housing. The grants
must
fund programs that demonstrate | ||||||
22 | creativity in service provision through the
scope
of their |
| |||||||
| |||||||
1 | program or service . | ||||||
2 | (Source: P.A. 92-784, eff. 8-6-02 .) | ||||||
3 | (30 ILCS 772/10) | ||||||
4 | Sec. 10. Eligibility for grant. Initial grants may be made | ||||||
5 | only to assist residents of facilities licensed under the | ||||||
6 | Nursing Home Care Act that are in areas the Director has | ||||||
7 | determined are without access to high-quality nursing home care | ||||||
8 | and either: | ||||||
9 | (1) (A) are in receivership, are under the control of a | ||||||
10 | temporary manager, or are being assisted by an independent | ||||||
11 | consultant; and (B) have a receiver, temporary manager, or | ||||||
12 | independent consultant who (i) has demonstrated experience | ||||||
13 | in initiating or continuing best practices and innovation | ||||||
14 | in nursing home care and services and (ii) has a commitment | ||||||
15 | of long-term cooperation and assistance from facilities | ||||||
16 | licensed under the Nursing Home Care Act that have a | ||||||
17 | history of providing high-quality nursing home care and | ||||||
18 | services that reflect best practices and innovation; or | ||||||
19 | (2) within the preceding 2 years, were acquired or | ||||||
20 | opened by an owner who has demonstrated experience in | ||||||
21 | initiating or continuing best practices and innovation in | ||||||
22 | nursing home care and services and has a commitment of | ||||||
23 | long-term cooperation and assistance from facilities | ||||||
24 | licensed under the Nursing Home Care Act that have a | ||||||
25 | history of providing high-quality nursing home care and |
| |||||||
| |||||||
1 | services that reflect best practices and innovation. | ||||||
2 | The grant must be used to bring, or assist in bringing, | ||||||
3 | high-quality nursing home care to the residents of the facility | ||||||
4 | within a realistic time frame. Grants may be for more than one | ||||||
5 | year. | ||||||
6 | A grant application submitted by a receiver and initially | ||||||
7 | given to a receiver may subsequently be given to a new owner of | ||||||
8 | the facility, if the owner: | ||||||
9 | (1) Agrees to comply with the requirements of the | ||||||
10 | original grant and with the plan submitted by the receiver | ||||||
11 | for continuing and increasing adherence to best practices | ||||||
12 | in providing high-quality nursing home care, or submits | ||||||
13 | another realistic plan that would achieve the same end as | ||||||
14 | the receiver's plan. | ||||||
15 | (2) Has demonstrated experience in initiating or | ||||||
16 | continuing best practices and innovation in nursing home | ||||||
17 | care and services, and has a commitment of long-term | ||||||
18 | cooperation and assistance (to be provided without | ||||||
19 | compensation) from facilities licensed under the Nursing | ||||||
20 | Home Care Act that have a history of providing high-quality | ||||||
21 | nursing home care and services that reflect best practices | ||||||
22 | and innovation. Grants may only be made to
facilities | ||||||
23 | licensed under the Nursing Home Care Act.
Grants may only | ||||||
24 | be made for projects that
show innovations and measurable | ||||||
25 | improvement in resident care, quality of life,
use of | ||||||
26 | technology, or customer satisfaction.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-784, eff. 8-6-02 .) | ||||||
2 | (30 ILCS 772/15) | ||||||
3 | Sec. 15. Equity Innovations in Long-term Care Quality | ||||||
4 | Demonstration Grants Fund. | ||||||
5 | (a) There is created in the State treasury a special fund | ||||||
6 | to be known as the
Equity Innovations in Long-term Care Quality | ||||||
7 | Demonstration Grants Fund. Grants
shall be funded using federal | ||||||
8 | civil monetary penalties collected and deposited
into the
Long | ||||||
9 | Term Care Monitor/Receiver Fund established under the Nursing
| ||||||
10 | Home Care Act. Subject
to appropriation, moneys in the Fund | ||||||
11 | shall be used to improve the quality of nursing home care in | ||||||
12 | areas without access to high-quality long-term care for | ||||||
13 | demonstration grants to
nursing homes . Interest earned on | ||||||
14 | moneys in the Fund shall be deposited into
the Fund. | ||||||
15 | (b) The Department may use no more than 10% of the moneys | ||||||
16 | deposited into the Fund in any year to administer the program | ||||||
17 | established by the Fund and to implement the requirements of | ||||||
18 | the Nursing Home Care Act with respect to distressed | ||||||
19 | facilities. | ||||||
20 | (Source: P.A. 92-784, eff. 8-6-02.) | ||||||
21 | (30 ILCS 772/20) | ||||||
22 | Sec. 20. Award of grants. | ||||||
23 | (a) Applications for grants must be made in a manner on | ||||||
24 | forms prescribed by the
Director of Public Health by rule. |
| |||||||
| |||||||
1 | Expenditures made in a manner with any grant, and the results | ||||||
2 | therefrom, shall be included (if applicable) in the reports | ||||||
3 | filed by the receiver with the court and shall be reported to | ||||||
4 | the Department in a manner prescribed by rule and by the | ||||||
5 | contract entered into by the grant recipient with the | ||||||
6 | Department. An applicant for a grant shall submit to the | ||||||
7 | Department, and (if applicable) to the court, a specific plan | ||||||
8 | for continuing and increasing adherence to best practices in | ||||||
9 | providing high-quality nursing home care once the grant has | ||||||
10 | ended . | ||||||
11 | (b) The applications must be reviewed , ranked, and | ||||||
12 | recommended by
a commission composed of
5 representatives | ||||||
13 | chosen from recommendations made by organizations
representing | ||||||
14 | long-term care facilities in Illinois,
a citizen member from | ||||||
15 | AARP, one representative from an a disabled
advocacy | ||||||
16 | organization for persons with disabilities , one representative | ||||||
17 | from the statewide ombudsman
organization, one representative | ||||||
18 | from academia, one representative from a nursing home | ||||||
19 | residents' advocacy organization, one representative from an | ||||||
20 | organization with expertise in improving the access of persons | ||||||
21 | in medically underserved areas to high-quality medical care, at | ||||||
22 | least 2 experts in accounting or finance, the Director of | ||||||
23 | Public Health,
the Director of Aging, and one representative | ||||||
24 | selected by the leader of each
legislative caucus. With the | ||||||
25 | exception of legislative members, members
shall be appointed by | ||||||
26 | the Director of Public Health.
The commission shall perform its |
| |||||||
| |||||||
1 | duties under this subsection (b) in
consultation with the
| ||||||
2 | medical school located at the Champaign-Urbana campus of the | ||||||
3 | University of
Illinois. | ||||||
4 | (c) The commission shall rank applications according to the
| ||||||
5 | following criteria: | ||||||
6 | (1) improvement in direct care to residents; | ||||||
7 | (2) increased efficiency through the use of | ||||||
8 | technology; | ||||||
9 | (3) improved quality of care through the use of | ||||||
10 | technology; | ||||||
11 | (4) increased access and delivery of service; | ||||||
12 | (5) enhancement of nursing staff training; | ||||||
13 | (6) effectiveness of the project as a demonstration; | ||||||
14 | and | ||||||
15 | (7) transferability of the project to other sites. | ||||||
16 | (c) (d) The Director shall award grants based on the
| ||||||
17 | recommendations of the commission and after a thorough review | ||||||
18 | of the
compliance history of the applicants long-term care | ||||||
19 | facility . | ||||||
20 | (Source: P.A. 92-784, eff. 8-6-02.) | ||||||
21 | Section 25. The Nursing Home Care Act is amended by | ||||||
22 | changing Sections 1-114.01, 1-117, 1-122, 1-129, 1-130, 2-104, | ||||||
23 | 2-106.1, 2-201.5, 2-201.6, 2-205, 3-103, 3-113, 3-117, 3-119, | ||||||
24 | 3-206, 3-206.01, 3-206.02, 3-212, 3-303, 3-303.2, 3-304.1, | ||||||
25 | 3-305, 3-306, 3-309, 3-310, 3-318, 3-402, 3-501, and 3-504 and |
| |||||||
| |||||||
1 | by adding Sections 1-114.005, 1-120.3, 1-120.7, 1-128.5, | ||||||
2 | 1-132, 2-104.3, 2-114, 2-201.7, 3-120, 3-202.05, 3-202.2a, | ||||||
3 | 3-202.2b, 3-304.2, 3-808, 3-809, and 3-810 as follows: | ||||||
4 | (210 ILCS 45/1-114.005 new) | ||||||
5 | Sec. 1-114.005. High risk designation. "High risk | ||||||
6 | designation" means a violation of a provision of the Illinois | ||||||
7 | Administrative Code that has been identified by the Department | ||||||
8 | through rulemaking to be inherently necessary to protect the | ||||||
9 | health, safety, and welfare of a resident. | ||||||
10 | (210 ILCS 45/1-114.01) | ||||||
11 | Sec. 1-114.01. Identified offender. "Identified offender" | ||||||
12 | means a person who meets any of the following criteria: | ||||||
13 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
14 | delinquent for, found not guilty by reason of insanity for, | ||||||
15 | or found unfit to stand trial for, any felony offense | ||||||
16 | listed in Section 25 of the Health Care Worker Background | ||||||
17 | Check Act, except for the following: (i) a felony offense | ||||||
18 | described in Section 10-5 of the Nurse Practice Act; (ii) a | ||||||
19 | felony offense described in Section 4, 5, 6, 8, or 17.02 of | ||||||
20 | the Illinois Credit Card and Debit Card Act; (iii) a felony | ||||||
21 | offense described in Section 5, 5.1, 5.2, 7, or 9 of the | ||||||
22 | Cannabis Control Act; (iv) a felony offense described in | ||||||
23 | Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the | ||||||
24 | Illinois Controlled Substances Act; and (v) a felony |
| |||||||
| |||||||
1 | offense described in the Methamphetamine Control and | ||||||
2 | Community Protection Act. | ||||||
3 | (2) Has been convicted of, adjudicated delinquent for, | ||||||
4 | found not guilty by reason of insanity for, or found unfit | ||||||
5 | to stand trial for, any sex offense as defined in | ||||||
6 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
7 | Board Act. | ||||||
8 | (3) Is any other resident as determined by the | ||||||
9 | Department of State Police. who has been convicted of any | ||||||
10 | felony offense listed in Section 25 of the Health Care | ||||||
11 | Worker Background Check Act, is a registered sex offender, | ||||||
12 | or is serving a term of parole, mandatory supervised | ||||||
13 | release, or probation for a felony offense. | ||||||
14 | (Source: P.A. 94-163, eff. 7-11-05.) | ||||||
15 | (210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117) | ||||||
16 | Sec. 1-117. Neglect. "Neglect" means a facility's failure | ||||||
17 | in a facility to provide , or willful withholding of, adequate | ||||||
18 | medical care, mental health treatment, psychiatric | ||||||
19 | rehabilitation, personal care, or assistance with activities | ||||||
20 | of daily living that is necessary to avoid physical harm, | ||||||
21 | mental anguish, or mental illness of a resident adequate
| ||||||
22 | medical or personal care or maintenance, which failure results | ||||||
23 | in physical
or mental injury to a resident or in the | ||||||
24 | deterioration of a resident's physical
or mental condition . | ||||||
25 | (Source: P.A. 81-223.) |
| |||||||
| |||||||
1 | (210 ILCS 45/1-120.3 new) | ||||||
2 | Sec. 1-120.3. Provisional admission period. "Provisional | ||||||
3 | admission period" means the time between the admission of an | ||||||
4 | identified offender as defined in Section 1-114.01 and 3 days | ||||||
5 | following the admitting facility's receipt of an Identified | ||||||
6 | Offender Report and Recommendation in accordance with Section | ||||||
7 | 2-201.6. | ||||||
8 | (210 ILCS 45/1-120.7 new) | ||||||
9 | Sec. 1-120.7. Psychiatric services rehabilitation aide. | ||||||
10 | "Psychiatric services rehabilitation aide" means an individual | ||||||
11 | employed by a long-term care facility to provide, for mentally | ||||||
12 | ill residents, at a minimum, crisis intervention, | ||||||
13 | rehabilitation, and assistance with activities of daily | ||||||
14 | living.
| ||||||
15 | (210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122)
| ||||||
16 | Sec. 1-122. Resident. "Resident" means a person residing in | ||||||
17 | and receiving personal or medical care, including but not | ||||||
18 | limited to mental health treatment, psychiatric | ||||||
19 | rehabilitation, physical rehabilitation, and assistance with | ||||||
20 | activities of daily living,
care from a facility.
| ||||||
21 | (Source: P.A. 81-223.)
| ||||||
22 | (210 ILCS 45/1-128.5 new) |
| |||||||
| |||||||
1 | Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation" | ||||||
2 | means a violation of this Act or of the rules promulgated | ||||||
3 | thereunder which creates a condition or occurrence relating to | ||||||
4 | the operation and maintenance of a facility that proximately | ||||||
5 | caused a resident's death.
| ||||||
6 | (210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129)
| ||||||
7 | Sec. 1-129. Type "A" violation. A "Type 'A' violation" | ||||||
8 | means a violation of this Act or of
the rules promulgated | ||||||
9 | thereunder which creates a condition or occurrence
relating to | ||||||
10 | the operation and maintenance of a facility that (i) creates | ||||||
11 | presenting a substantial
probability that the risk of death or | ||||||
12 | serious mental or physical harm to a resident
will result | ||||||
13 | therefrom or (ii) has resulted in actual physical or mental | ||||||
14 | harm to a resident .
| ||||||
15 | (Source: P.A. 81-223.)
| ||||||
16 | (210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130)
| ||||||
17 | Sec. 1-130. Type "B" violation. A "Type 'B' violation" | ||||||
18 | means a violation of this Act or of
the rules promulgated | ||||||
19 | thereunder which creates a condition or occurrence
relating to | ||||||
20 | the operation and maintenance of a facility that is more likely | ||||||
21 | than not to cause more than minimal physical or mental harm to | ||||||
22 | directly threatening
to the health, safety or welfare of a | ||||||
23 | resident.
| ||||||
24 | (Source: P.A. 81-223.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/1-132 new) | ||||||
2 | Sec. 1-132. Type "C" violation. A "Type 'C' violation" | ||||||
3 | means a violation of this Act or of the rules promulgated | ||||||
4 | thereunder which creates a condition or occurrence relating to | ||||||
5 | the operation and maintenance of a facility that creates a | ||||||
6 | substantial probability that less than minimal physical or | ||||||
7 | mental harm to a resident will result therefrom.
| ||||||
8 | (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
| ||||||
9 | Sec. 2-104.
(a) A resident shall be permitted to retain the | ||||||
10 | services
of his own personal physician at his own expense or | ||||||
11 | under an individual or
group plan of health insurance, or under | ||||||
12 | any public or private
assistance program providing such | ||||||
13 | coverage. However, the facility is
not liable for the | ||||||
14 | negligence of any such personal physician. Every
resident shall | ||||||
15 | be permitted to obtain from his own physician or the
physician | ||||||
16 | attached to the facility complete and current information
| ||||||
17 | concerning his medical diagnosis, treatment and prognosis in | ||||||
18 | terms and
language the resident can reasonably be expected to | ||||||
19 | understand. Every
resident shall be permitted to participate in | ||||||
20 | the planning of his total
care and medical treatment to the | ||||||
21 | extent that his condition permits. No
resident shall be | ||||||
22 | subjected to experimental research or treatment
without first | ||||||
23 | obtaining his informed, written consent. The conduct of
any | ||||||
24 | experimental research or treatment shall be authorized and |
| |||||||
| |||||||
1 | monitored
by an institutional review board committee appointed | ||||||
2 | by the Director administrator of
the facility where such | ||||||
3 | research and treatment is conducted . The
membership, operating | ||||||
4 | procedures and review criteria for the institutional
review | ||||||
5 | board committees shall be prescribed under rules and | ||||||
6 | regulations of the
Department and shall comply with the | ||||||
7 | requirements for institutional review boards established by | ||||||
8 | the federal Food and Drug Administration. No person who has | ||||||
9 | received compensation in the prior 3 years from an entity that | ||||||
10 | manufactures, distributes, or sells pharmaceuticals, | ||||||
11 | biologics, or medical devices may serve on the institutional | ||||||
12 | review board. | ||||||
13 | The institutional review board may approve only research or | ||||||
14 | treatment that meets the standards of the federal Food and Drug | ||||||
15 | Administration with respect to (i) the protection of human | ||||||
16 | subjects and (ii) financial disclosure by clinical | ||||||
17 | investigators. The Office of State Long Term Care Ombudsman and | ||||||
18 | the State Protection and Advocacy organization shall be given | ||||||
19 | an opportunity to comment on any request for approval before | ||||||
20 | the board makes a decision. Those entities shall not be | ||||||
21 | provided information that would allow a potential human subject | ||||||
22 | to be individually identified, unless the board asks the | ||||||
23 | Ombudsman for help in securing information from or about the | ||||||
24 | resident. The board shall require frequent reporting of the | ||||||
25 | progress of the approved research or treatment and its impact | ||||||
26 | on residents, including immediate reporting of any adverse |
| |||||||
| |||||||
1 | impact to the resident, the resident's representative, the | ||||||
2 | Office of the State Long Term Care Ombudsman, and the State | ||||||
3 | Protection and Advocacy organization. The board may not approve | ||||||
4 | any retrospective study of the records of any resident about | ||||||
5 | the safety or efficacy of any care or treatment if the resident | ||||||
6 | was under the care of the proposed researcher or a business | ||||||
7 | associate when the care or treatment was given, unless the | ||||||
8 | study is under the control of a researcher without any business | ||||||
9 | relationship to any person or entity who could benefit from the | ||||||
10 | findings of the study. | ||||||
11 | No facility shall permit experimental research or | ||||||
12 | treatment to be conducted on a resident, or give access to any | ||||||
13 | person or person's records for a retrospective study about the | ||||||
14 | safety or efficacy of any care or treatment, without the prior | ||||||
15 | written approval of the institutional review board. No nursing | ||||||
16 | home administrator, or person licensed by the State to provide | ||||||
17 | medical care or treatment to any person, may assist or | ||||||
18 | participate in any experimental research on or treatment of a | ||||||
19 | resident, including a retrospective study, that does not have | ||||||
20 | the prior written approval of the board. Such conduct shall be | ||||||
21 | grounds for professional discipline by the Department of | ||||||
22 | Financial and
Professional Regulation. | ||||||
23 | The institutional review board may exempt from ongoing | ||||||
24 | review research or treatment initiated on a resident before the | ||||||
25 | individual's admission to a facility and for which the board | ||||||
26 | determines there is adequate ongoing oversight by another |
| |||||||
| |||||||
1 | institutional review board. Nothing in this Section shall | ||||||
2 | prevent a facility, any facility employee, or any other person | ||||||
3 | from assisting or participating in any experimental research on | ||||||
4 | or treatment of a resident, if the research or treatment began | ||||||
5 | before the person's admission to a facility, until the board | ||||||
6 | has reviewed the research or treatment and decided to grant or | ||||||
7 | deny approval or to exempt the research or treatment from | ||||||
8 | ongoing review .
| ||||||
9 | (b) All medical treatment and procedures shall be | ||||||
10 | administered as
ordered by a physician. All new physician | ||||||
11 | orders shall be reviewed by the
facility's director of nursing | ||||||
12 | or charge nurse designee within 24 hours
after such orders have | ||||||
13 | been issued to assure facility compliance with such orders.
| ||||||
14 | According to rules adopted by the Department, every woman | ||||||
15 | resident of
child-bearing age shall receive routine | ||||||
16 | obstetrical and gynecological
evaluations as well as necessary | ||||||
17 | prenatal care.
| ||||||
18 | (c) Every resident shall be permitted to refuse medical | ||||||
19 | treatment
and to know the consequences of such action, unless | ||||||
20 | such refusal would
be harmful to the health and safety of | ||||||
21 | others and such harm is
documented by a physician in the | ||||||
22 | resident's clinical record. The
resident's refusal shall free | ||||||
23 | the facility from the obligation to
provide the treatment.
| ||||||
24 | (d) Every resident, resident's guardian, or parent if the | ||||||
25 | resident
is a minor shall be permitted to inspect and copy all | ||||||
26 | his clinical and
other records concerning his care and |
| |||||||
| |||||||
1 | maintenance kept by the facility
or by his physician. The | ||||||
2 | facility may charge a reasonable fee for
duplication of a | ||||||
3 | record.
| ||||||
4 | (Source: P.A. 86-1013.)
| ||||||
5 | (210 ILCS 45/2-104.3 new) | ||||||
6 | Sec. 2-104.3. Serious mental illness; rescreening. | ||||||
7 | (a) All persons admitted to a nursing home facility with a | ||||||
8 | diagnosis of serious mental illness who remain in the facility | ||||||
9 | for a period of 90 days shall be re-screened by the Department | ||||||
10 | of Human Services or its designee at the end of the 90-day | ||||||
11 | period, at 6 months, and annually thereafter to assess their | ||||||
12 | continuing need for nursing facility care and shall be advised | ||||||
13 | of all other available care options. | ||||||
14 | (b) The Department of Human Services, by rule, shall | ||||||
15 | provide for a prohibition on conflicts of interest for | ||||||
16 | pre-admission screeners. The rule shall provide for waiver of | ||||||
17 | those conflicts by the Department of Human Services if the | ||||||
18 | Department of Human Services determines that a scarcity of | ||||||
19 | qualified pre-admission screeners exists in a given community | ||||||
20 | and that, absent a waiver of conflict, an insufficient number | ||||||
21 | of pre-admission screeners would be available. If a conflict is | ||||||
22 | waived, the pre-admission screener shall disclose the conflict | ||||||
23 | of interest to the screened individual in the manner provided | ||||||
24 | for by rule of the Department of Human Services. For the | ||||||
25 | purposes of this subsection, a "conflict of interest" includes, |
| |||||||
| |||||||
1 | but is not limited to, the existence of a professional or | ||||||
2 | financial relationship between (i) a PAS-MH corporate or a | ||||||
3 | PAS-MH agent performing the rescreening and (ii) a community | ||||||
4 | provider or long-term care facility. | ||||||
5 | (210 ILCS 45/2-106.1)
| ||||||
6 | Sec. 2-106.1. Drug treatment.
| ||||||
7 | (a) A resident shall not be given unnecessary drugs. An
| ||||||
8 | unnecessary drug is any drug used in an excessive dose, | ||||||
9 | including in
duplicative therapy; for excessive duration; | ||||||
10 | without adequate
monitoring; without adequate indications for | ||||||
11 | its use; or in the
presence of adverse consequences that | ||||||
12 | indicate the drugs should be reduced or
discontinued. The | ||||||
13 | Department shall adopt, by rule, the standards
for unnecessary
| ||||||
14 | drugs
contained in interpretive guidelines issued by the United | ||||||
15 | States Department of
Health and Human Services for the purposes | ||||||
16 | of administering Titles XVIII and XIX of
the Social Security | ||||||
17 | Act.
| ||||||
18 | (b) Psychotropic medication shall not be prescribed | ||||||
19 | without the informed
consent of the resident, the resident's | ||||||
20 | guardian, or other authorized
representative. "Psychotropic | ||||||
21 | medication"
means medication that
is used for or listed as used | ||||||
22 | for antipsychotic, antidepressant, antimanic, or
antianxiety | ||||||
23 | behavior modification or behavior management purposes in the | ||||||
24 | latest
editions of the AMA Drug Evaluations or the Physician's | ||||||
25 | Desk Reference.
The Department shall adopt, by rule, a protocol |
| |||||||
| |||||||
1 | specifying how informed consent for psychotropic medication | ||||||
2 | may be obtained or refused. The protocol shall require, at a | ||||||
3 | minimum, a discussion between (i) the resident or the | ||||||
4 | resident's authorized representative and (ii) the resident's | ||||||
5 | physician, a registered pharmacist (who is not a dispensing | ||||||
6 | pharmacist for the facility where the resident lives), or a | ||||||
7 | licensed nurse about the possible risks and benefits of a | ||||||
8 | recommended medication and the use of standardized consent | ||||||
9 | forms designated by the Department. Each form developed by the | ||||||
10 | Department (i) shall be written in plain language, (ii) shall | ||||||
11 | be able to be downloaded from the Department's official | ||||||
12 | website, (iii) shall include information specific to the | ||||||
13 | psychotropic medication for which consent is being sought, and | ||||||
14 | (iv) shall be used for every resident for whom psychotropic | ||||||
15 | drugs are prescribed. In addition to creating those forms, the | ||||||
16 | Department shall approve the use of any other informed consent | ||||||
17 | forms that meet criteria developed by the Department. | ||||||
18 | In addition to any other penalty prescribed by law, a | ||||||
19 | facility that is found to have violated this subsection, or the | ||||||
20 | federal certification requirement that informed consent be | ||||||
21 | obtained before administering a psychotropic medication, shall | ||||||
22 | thereafter be required to obtain the signatures of 2 licensed | ||||||
23 | health care professionals on every form purporting to give | ||||||
24 | informed consent for the administration of a psychotropic | ||||||
25 | medication, certifying the personal knowledge of each health | ||||||
26 | care professional that the consent was obtained in compliance |
| |||||||
| |||||||
1 | with the requirements of this subsection.
| ||||||
2 | (c) The requirements of
this Section are intended to | ||||||
3 | control in a conflict
with the requirements of Sections 2-102 | ||||||
4 | and 2-107.2
of the Mental Health and Developmental Disabilities | ||||||
5 | Code with respect to the
administration of psychotropic | ||||||
6 | medication.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
8 | (210 ILCS 45/2-114 new) | ||||||
9 | Sec. 2-114. Unlawful discrimination. No resident shall be | ||||||
10 | subjected to unlawful discrimination as defined in Section | ||||||
11 | 1-103 of the Illinois Human Rights Act by any owner, licensee, | ||||||
12 | administrator, employee, or agent of a facility. Unlawful | ||||||
13 | discrimination does not include an action by any owner, | ||||||
14 | licensee, administrator, employee, or agent of a facility that | ||||||
15 | is required by this Act or rules adopted under this Act. | ||||||
16 | (210 ILCS 45/2-201.5) | ||||||
17 | Sec. 2-201.5. Screening prior to admission. | ||||||
18 | (a) All persons age 18 or older seeking admission to a | ||||||
19 | nursing
facility must be screened to
determine the need for | ||||||
20 | nursing facility services prior to being admitted,
regardless | ||||||
21 | of income, assets, or funding source. In addition, any person | ||||||
22 | who
seeks to become eligible for medical assistance from the | ||||||
23 | Medical Assistance
Program under the Illinois Public Aid Code | ||||||
24 | to pay for long term care services
while residing in a facility |
| |||||||
| |||||||
1 | must be screened prior to receiving those
benefits. Screening | ||||||
2 | for nursing facility services shall be administered
through | ||||||
3 | procedures established by administrative rule. Screening may | ||||||
4 | be done
by agencies other than the Department as established by | ||||||
5 | administrative rule.
This Section applies on and after July 1, | ||||||
6 | 1996. No later than October 1, 2010, the Department of | ||||||
7 | Healthcare and Family Services, in collaboration with the | ||||||
8 | Department on Aging, the Department of Human Services, and the | ||||||
9 | Department of Public Health, shall file administrative rules | ||||||
10 | providing for the gathering, during the screening process, of | ||||||
11 | information relevant to determining each person's potential | ||||||
12 | for placing other residents, employees, and visitors at risk of | ||||||
13 | harm. | ||||||
14 | (a-1) Any screening performed pursuant to subsection (a) of
| ||||||
15 | this Section shall include a determination of whether any
| ||||||
16 | person is being considered for admission to a nursing facility | ||||||
17 | due to a
need for mental health services. For a person who | ||||||
18 | needs
mental health services, the screening shall
also include | ||||||
19 | an evaluation of whether there is permanent supportive housing, | ||||||
20 | or an array of
community mental health services, including but | ||||||
21 | not limited to
supported housing, assertive community | ||||||
22 | treatment, and peer support services, that would enable the | ||||||
23 | person to live in the community. The person shall be told about | ||||||
24 | the existence of any such services that would enable the person | ||||||
25 | to live safely and humanely and about available appropriate | ||||||
26 | nursing home services that would enable the person to live |
| |||||||
| |||||||
1 | safely and humanely, and the person shall be given the | ||||||
2 | assistance necessary to avail himself or herself of any | ||||||
3 | available services. | ||||||
4 | (a-2) Pre-screening for persons with a serious mental | ||||||
5 | illness shall be performed by a psychiatrist, a psychologist, a | ||||||
6 | registered nurse certified in psychiatric nursing, a licensed | ||||||
7 | clinical professional counselor, or a licensed clinical social | ||||||
8 | worker,
who is competent to (i) perform a clinical assessment | ||||||
9 | of the individual, (ii) certify a diagnosis, (iii) make a
| ||||||
10 | determination about the individual's current need for | ||||||
11 | treatment, including substance abuse treatment, and recommend | ||||||
12 | specific treatment, and (iv) determine whether a facility or a | ||||||
13 | community-based program
is able to meet the needs of the | ||||||
14 | individual. | ||||||
15 | For any person entering a nursing facility, the | ||||||
16 | pre-screening agent shall make specific recommendations about | ||||||
17 | what care and services the individual needs to receive, | ||||||
18 | beginning at admission, to attain or maintain the individual's | ||||||
19 | highest level of independent functioning and to live in the | ||||||
20 | most integrated setting appropriate for his or her physical and | ||||||
21 | personal care and developmental and mental health needs. These | ||||||
22 | recommendations shall be revised as appropriate by the | ||||||
23 | pre-screening or re-screening agent based on the results of | ||||||
24 | resident review and in response to changes in the resident's | ||||||
25 | wishes, needs, and interest in transition. | ||||||
26 | Upon the person entering the nursing facility, the |
| |||||||
| |||||||
1 | Department of Human Services or its designee shall assist the | ||||||
2 | person in establishing a relationship with a community mental | ||||||
3 | health agency or other appropriate agencies in order to (i) | ||||||
4 | promote the person's transition to independent living and (ii) | ||||||
5 | support the person's progress in meeting individual goals. | ||||||
6 | (a-3) The Department of Human Services, by rule, shall | ||||||
7 | provide for a prohibition on conflicts of interest for | ||||||
8 | pre-admission screeners. The rule shall provide for waiver of | ||||||
9 | those conflicts by the Department of Human Services if the | ||||||
10 | Department of Human Services determines that a scarcity of | ||||||
11 | qualified pre-admission screeners exists in a given community | ||||||
12 | and that, absent a waiver of conflicts, an insufficient number | ||||||
13 | of pre-admission screeners would be available. If a conflict is | ||||||
14 | waived, the pre-admission screener shall disclose the conflict | ||||||
15 | of interest to the screened individual in the manner provided | ||||||
16 | for by rule of the Department of Human Services. For the | ||||||
17 | purposes of this subsection, a "conflict of interest" includes, | ||||||
18 | but is not limited to, the existence of a professional or | ||||||
19 | financial relationship between (i) a PAS-MH corporate or a | ||||||
20 | PAS-MH agent and (ii) a community provider or long-term care | ||||||
21 | facility. | ||||||
22 | (b) In addition to the screening required by subsection | ||||||
23 | (a), a facility, except for those licensed as long term care | ||||||
24 | for under age 22 facilities, shall, within 24 hours after | ||||||
25 | admission, request a criminal history background check | ||||||
26 | pursuant to the Uniform Conviction Information Act for all |
| |||||||
| |||||||
1 | persons age 18 or older seeking admission to the facility , | ||||||
2 | unless a background check was initiated by a hospital pursuant | ||||||
3 | to subsection (d) of Section 6.09 of the Hospital Licensing | ||||||
4 | Act . Background checks conducted pursuant to this Section shall | ||||||
5 | be based on the resident's name, date of birth, and other | ||||||
6 | identifiers as required by the Department of State Police. If | ||||||
7 | the results of the background check are inconclusive, the | ||||||
8 | facility shall initiate a fingerprint-based check, unless the | ||||||
9 | fingerprint check is waived by the Director of Public Health | ||||||
10 | based on verification by the facility that the resident is | ||||||
11 | completely immobile or that the resident meets other criteria | ||||||
12 | related to the resident's health or lack of potential risk | ||||||
13 | which may be established by Departmental rule. A waiver issued | ||||||
14 | pursuant to this Section shall be valid only while the resident | ||||||
15 | is immobile or while the criteria supporting the waiver exist. | ||||||
16 | The facility shall provide for or arrange for any required | ||||||
17 | fingerprint-based checks to be taken on the premises of the | ||||||
18 | facility. If a fingerprint-based check is required, the | ||||||
19 | facility shall arrange for it to be conducted in a manner that | ||||||
20 | is respectful of the resident's dignity and that minimizes any | ||||||
21 | emotional or physical hardship to the resident. | ||||||
22 | A facility, except for those licensed as long term care for | ||||||
23 | under age 22 facilities, shall, within 60 days after the | ||||||
24 | effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly, request a criminal history background check pursuant | ||||||
26 | to the Uniform Conviction Information Act for all persons who |
| |||||||
| |||||||
1 | are residents of the facility on the effective date of this | ||||||
2 | amendatory Act of the 94th General Assembly. The facility shall | ||||||
3 | review the results of the criminal history background checks | ||||||
4 | immediately upon receipt thereof. If the results of the | ||||||
5 | background check are inconclusive, the facility shall initiate | ||||||
6 | a fingerprint-based check unless the fingerprint-based check | ||||||
7 | is waived by the Director of Public Health based on | ||||||
8 | verification by the facility that the resident is completely | ||||||
9 | immobile or that the resident meets other criteria related to | ||||||
10 | the resident's health or lack of potential risk which may be | ||||||
11 | established by Departmental rule. A waiver issued pursuant to | ||||||
12 | this Section shall be valid only while the resident is immobile | ||||||
13 | or while the criteria supporting the waiver exist. The facility | ||||||
14 | shall provide for or arrange for any required fingerprint-based | ||||||
15 | checks to be taken on the premises of the facility. If a | ||||||
16 | fingerprint-based check is required, the facility shall | ||||||
17 | arrange for it to be conducted in a manner that is respectful | ||||||
18 | of the resident's dignity and that minimizes any emotional or | ||||||
19 | physical hardship to the resident. | ||||||
20 | (c) If the results of a resident's criminal history | ||||||
21 | background check reveal that the resident is an identified | ||||||
22 | offender as defined in Section 1-114.01, the facility shall do | ||||||
23 | the following: | ||||||
24 | (1) Immediately notify the Department of State Police, | ||||||
25 | in the form and manner required by the Department of State | ||||||
26 | Police, in collaboration with the Department of Public |
| |||||||
| |||||||
1 | Health, that the resident is an identified offender. | ||||||
2 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
3 | criminal history record inquiry to be requested on the | ||||||
4 | identified offender resident. The inquiry shall be based on | ||||||
5 | the subject's name, sex, race, date of birth, fingerprint | ||||||
6 | images, and other identifiers required by the Department of | ||||||
7 | State Police. The inquiry shall be processed through the | ||||||
8 | files of the Department of State Police and the Federal | ||||||
9 | Bureau of Investigation to locate any criminal history | ||||||
10 | record information that may exist regarding the subject. | ||||||
11 | The Federal Bureau of Investigation shall furnish to the | ||||||
12 | Department of State Police,
pursuant to an inquiry under | ||||||
13 | this paragraph (2),
any criminal history record | ||||||
14 | information contained in its
files. | ||||||
15 | The facility shall comply with all applicable provisions | ||||||
16 | contained in the Uniform Conviction Information Act. | ||||||
17 | All name-based and fingerprint-based criminal history | ||||||
18 | record inquires shall be submitted to the Department of State | ||||||
19 | Police electronically in the form and manner prescribed by the | ||||||
20 | Department of State Police. The Department of State Police may | ||||||
21 | charge the facility a fee for processing name-based and | ||||||
22 | fingerprint-based criminal history record inquires. The fee | ||||||
23 | shall be deposited into the State Police Services Fund. The fee | ||||||
24 | shall not exceed the actual cost of processing the inquiry. the | ||||||
25 | facility shall immediately fax the resident's name and criminal | ||||||
26 | history information to the Illinois Department of Public |
| |||||||
| |||||||
1 | Health, which shall conduct a Criminal History Analysis | ||||||
2 | pursuant to Section 2-201.6. The Criminal History Analysis | ||||||
3 | shall be conducted independently of the Illinois Department of | ||||||
4 | Public Health's Office of Healthcare Regulation. The Office of | ||||||
5 | Healthcare Regulation shall have no involvement with the | ||||||
6 | process of reviewing or analyzing the criminal history of | ||||||
7 | identified offenders. | ||||||
8 | (d) (Blank). The Illinois Department of Public Health shall | ||||||
9 | keep a continuing record of all residents determined to be | ||||||
10 | identified offenders under Section 1-114.01 and shall report | ||||||
11 | the number of identified offender residents annually to the | ||||||
12 | General Assembly.
| ||||||
13 | (e) The Department shall develop and maintain a | ||||||
14 | de-identified database of residents who have injured facility | ||||||
15 | staff, facility visitors, or other residents, and the attendant | ||||||
16 | circumstances, solely for the purposes of evaluating and | ||||||
17 | improving resident pre-screening and assessment procedures | ||||||
18 | (including the Criminal History Report prepared under Section | ||||||
19 | 2-201.6) and the adequacy of Department requirements | ||||||
20 | concerning the provision of care and services to residents. A | ||||||
21 | resident shall not be listed in the database until a Department | ||||||
22 | survey confirms the accuracy of the listing. The names of | ||||||
23 | persons listed in the database and information that would allow | ||||||
24 | them to be individually identified shall not be made public. | ||||||
25 | Neither the Department nor any other agency of State government | ||||||
26 | may use information in the database to take any action against |
| |||||||
| |||||||
1 | any individual, licensee, or other entity, unless the | ||||||
2 | Department or agency receives the information independent of | ||||||
3 | this subsection (e). All information
collected, maintained, or | ||||||
4 | developed under the authority of this subsection (e) for the | ||||||
5 | purposes of the database maintained under this subsection (e) | ||||||
6 | shall be treated in the same manner as information that is | ||||||
7 | subject to Part 21 of Article VIII of the Code of Civil | ||||||
8 | Procedure. | ||||||
9 | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.) | ||||||
10 | (210 ILCS 45/2-201.6) | ||||||
11 | Sec. 2-201.6. Criminal History Report Analysis . | ||||||
12 | (a) The Department of State Police shall prepare | ||||||
13 | immediately commence a Criminal History Report Analysis when it | ||||||
14 | receives information, through the criminal history background | ||||||
15 | check required pursuant to subsection (d) of Section 6.09 of | ||||||
16 | the Hospital Licensing Act or subsection (c) (b) of Section | ||||||
17 | 2-201.5 , or through any other means, that a resident of a | ||||||
18 | facility is an identified offender. | ||||||
19 | (b) The Department of State Police shall complete the | ||||||
20 | Criminal History Report within 10 business The Department shall | ||||||
21 | complete the Criminal History Analysis as soon as practicable, | ||||||
22 | but not later than 14 days after receiving information under | ||||||
23 | subsection (a) that a resident is an identified offender | ||||||
24 | receiving notice from the facility under subsection (a) . | ||||||
25 | (c) The Criminal History Report Analysis shall include, but |
| |||||||
| |||||||
1 | not be limited to, all of the following: | ||||||
2 | (1) (Blank). Consultation with the identified | ||||||
3 | offender's assigned parole agent or probation officer, if | ||||||
4 | applicable. | ||||||
5 | (2) (Blank). Consultation with the convicting | ||||||
6 | prosecutor's office. | ||||||
7 | (3) (Blank). A review of the statement of facts, police | ||||||
8 | reports, and victim impact statements, if available. | ||||||
9 | (3.5) Copies of the identified offender's parole, | ||||||
10 | mandatory supervised release, or probation orders. | ||||||
11 | (4) An interview with the identified offender. | ||||||
12 | (5) (Blank). Consultation with the facility | ||||||
13 | administrator or facility medical director, or both, | ||||||
14 | regarding the physical condition of the identified | ||||||
15 | offender.
| ||||||
16 | (6) A detailed summary Consideration of the entire | ||||||
17 | criminal history of the offender, including arrests, | ||||||
18 | convictions, and the date of the identified offender's last | ||||||
19 | conviction relative to the date of admission to a long-term | ||||||
20 | care facility. | ||||||
21 | (7) If the identified offender is a convicted or | ||||||
22 | registered sex offender, a review of any and all sex | ||||||
23 | offender evaluations conducted on that offender. If there | ||||||
24 | is no sex offender evaluation available, the Department of | ||||||
25 | State Police shall arrange, through the Department of | ||||||
26 | Public Health, provide for a sex offender evaluation to be |
| |||||||
| |||||||
1 | conducted on the identified offender. If the convicted or | ||||||
2 | registered sex offender is under supervision by the | ||||||
3 | Illinois Department of Corrections or a county probation | ||||||
4 | department, the sex offender evaluation shall be arranged | ||||||
5 | by and at the expense of the supervising agency. All | ||||||
6 | evaluations conducted on convicted or registered sex | ||||||
7 | offenders under this Act shall be conducted by sex offender | ||||||
8 | evaluators approved by the Sex Offender Management Board. | ||||||
9 | (d) The Department of State Police shall provide the | ||||||
10 | prepare a Criminal History Analysis Report to a licensed | ||||||
11 | forensic psychologist. After (i) consideration of the Criminal | ||||||
12 | History Report, (ii) consultation with the facility | ||||||
13 | administrator or the facility medical director, or both, | ||||||
14 | regarding the mental and physical condition of the identified | ||||||
15 | offender, and (iii) reviewing the facility's file on the | ||||||
16 | identified offender, including all incident reports, all | ||||||
17 | information regarding medication and medication compliance, | ||||||
18 | and all information regarding previous discharges or transfers | ||||||
19 | from other facilities, the licensed forensic psychologist | ||||||
20 | shall prepare an Identified Offender Report and | ||||||
21 | Recommendation. The Identified Offender Report and | ||||||
22 | Recommendation based on the analysis conducted pursuant to | ||||||
23 | subsection (c). The Report shall include a summary of the Risk | ||||||
24 | Analysis and shall detail whether and to what extent the | ||||||
25 | identified offender's criminal history necessitates the | ||||||
26 | implementation of security measures within the long-term care |
| |||||||
| |||||||
1 | facility. If the identified offender is a convicted or | ||||||
2 | registered sex offender or if the Identified Offender Report | ||||||
3 | and Recommendation Department's Criminal History Analysis | ||||||
4 | reveals that the identified offender poses a significant risk | ||||||
5 | of harm to others within the facility, the offender shall be | ||||||
6 | required to have his or her own room within the facility. | ||||||
7 | (e) The licensed forensic psychologist shall complete the | ||||||
8 | Identified Offender Report and Recommendation within 14 | ||||||
9 | business days after receiving the Criminal History Analysis | ||||||
10 | Report and shall promptly provide the Identified Offender | ||||||
11 | Report and Recommendation to the Department of State Police, | ||||||
12 | which shall provide the Identified Offender Report and | ||||||
13 | Recommendation be provided to the following: | ||||||
14 | (1) The long-term care facility within which the | ||||||
15 | identified offender resides. | ||||||
16 | (2) The Chief of Police of the municipality in which | ||||||
17 | the facility is located. | ||||||
18 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
19 | (4) The Department of Public Health. | ||||||
20 | (e-5) The Department of Public Health shall keep a | ||||||
21 | continuing record of all residents determined to be identified | ||||||
22 | offenders as defined in Section 1-114.01 and shall report the | ||||||
23 | number of identified offender residents annually to the General | ||||||
24 | Assembly. | ||||||
25 | (f) The facility shall incorporate the Identified Offender | ||||||
26 | Report and Recommendation Criminal History Analysis Report |
| |||||||
| |||||||
1 | into the identified offender's care plan created pursuant to 42 | ||||||
2 | CFR 483.20. | ||||||
3 | (g) If, based on the Identified Offender Report and | ||||||
4 | Recommendation Criminal History Analysis Report , a facility | ||||||
5 | determines that it cannot manage the identified offender | ||||||
6 | resident safely within the facility, it shall commence | ||||||
7 | involuntary transfer or discharge proceedings pursuant to | ||||||
8 | Section 3-402. | ||||||
9 | (h) Except for willful and wanton misconduct, any person | ||||||
10 | authorized to participate in the development of a Criminal | ||||||
11 | History Analysis or Criminal History Analysis Report or | ||||||
12 | Identified Offender Report and Recommendation is immune from | ||||||
13 | criminal or civil liability for any acts or omissions as the | ||||||
14 | result of his or her good faith effort to comply with this | ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 94-752, eff. 5-10-06.) | ||||||
17 | (210 ILCS 45/2-201.7 new) | ||||||
18 | Sec. 2-201.7. Expanded criminal history background check | ||||||
19 | pilot program. | ||||||
20 | (a) The purpose of this Section is to establish a pilot | ||||||
21 | program based in Cook and Will counties in which an expanded | ||||||
22 | criminal history background check screening process will be | ||||||
23 | utilized to better identify residents of licensed long term | ||||||
24 | care facilities who, because of their criminal histories, may | ||||||
25 | pose a risk to other vulnerable residents. |
| |||||||
| |||||||
1 | (b) In this Section, "mixed population facility" means a | ||||||
2 | facility that has more than 25 residents with a diagnosis of | ||||||
3 | serious mental illness and residents 65 years of age or older. | ||||||
4 | (c) Every mixed population facility located in Cook County | ||||||
5 | or Will County shall participate in the pilot program and shall | ||||||
6 | employ expanded criminal history background check screening | ||||||
7 | procedures for all residents admitted to the facility who are | ||||||
8 | at least 18 years of age but less than 65 years of age. Under | ||||||
9 | the pilot program, criminal history background checks required | ||||||
10 | under this Act shall employ fingerprint-based criminal history | ||||||
11 | record inquiries or comparably comprehensive name-based | ||||||
12 | criminal history background checks. Fingerprint-based criminal | ||||||
13 | history record inquiries shall be conducted pursuant to | ||||||
14 | subsection (c-2) of Section 2-201.5. A Criminal History Report | ||||||
15 | and an Identified Offender Report and Recommendation shall be | ||||||
16 | completed pursuant to Section 2-201.6 if the results of the | ||||||
17 | expanded criminal history background check reveal that a | ||||||
18 | resident is an identified offender as defined in Section | ||||||
19 | 1-114.01. | ||||||
20 | (d) If an expanded criminal history background check | ||||||
21 | reveals that a resident is an identified offender as defined in | ||||||
22 | Section 1-114.01, the facility shall be notified within 72 | ||||||
23 | hours. | ||||||
24 | (e) The cost of the expanded criminal history background | ||||||
25 | checks conducted pursuant to the pilot program shall not exceed | ||||||
26 | $50 per resident and shall be paid by the facility. The |
| |||||||
| |||||||
1 | Department of State Police shall implement all potential | ||||||
2 | measures to minimize the cost of the expanded criminal history | ||||||
3 | background checks to the participating long term care | ||||||
4 | facilities. | ||||||
5 | (f) The pilot program shall run for a period of one year | ||||||
6 | after the effective date of this amendatory Act of the 96th | ||||||
7 | General Assembly. Promptly after the end of that one-year | ||||||
8 | period, the Department shall report the results of the pilot | ||||||
9 | program to the General Assembly. | ||||||
10 | (210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205) | ||||||
11 | Sec. 2-205. The following information is subject to | ||||||
12 | disclosure to
the public from the Department or the Department | ||||||
13 | of Healthcare and Family Services: | ||||||
14 | (1) Information submitted under Sections 3-103 and | ||||||
15 | 3-207 except
information concerning the remuneration of | ||||||
16 | personnel licensed,
registered, or certified by the | ||||||
17 | Department of Professional Regulation
and monthly charges | ||||||
18 | for an individual private resident; | ||||||
19 | (2) Records of license and certification inspections, | ||||||
20 | surveys, and
evaluations of facilities, other reports of | ||||||
21 | inspections, surveys, and
evaluations of resident care, | ||||||
22 | whether a facility has been designated a distressed | ||||||
23 | facility, and the basis for the designation, and reports | ||||||
24 | concerning a facility prepared
pursuant to Titles XVIII and | ||||||
25 | XIX of the Social Security Act, subject to
the provisions |
| |||||||
| |||||||
1 | of the Social Security Act; | ||||||
2 | (3) Cost and reimbursement reports submitted by a | ||||||
3 | facility under
Section 3-208, reports of audits of | ||||||
4 | facilities, and other public
records concerning costs | ||||||
5 | incurred by, revenues received by, and
reimbursement of | ||||||
6 | facilities; and | ||||||
7 | (4) Complaints filed against a facility and complaint | ||||||
8 | investigation
reports, except that a complaint or | ||||||
9 | complaint investigation report shall
not be disclosed to a | ||||||
10 | person other than the complainant or complainant's
| ||||||
11 | representative before it is disclosed to a facility under | ||||||
12 | Section 3-702,
and, further, except that a complainant or | ||||||
13 | resident's name shall not be
disclosed except under Section | ||||||
14 | 3-702. | ||||||
15 | The Department shall disclose information under this | ||||||
16 | Section in
accordance with provisions for inspection and | ||||||
17 | copying of public records
required by the Freedom of | ||||||
18 | Information Act. | ||||||
19 | However, the disclosure of information described in | ||||||
20 | subsection (1) shall
not be restricted by any provision of the | ||||||
21 | Freedom of Information Act. | ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
23 | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| ||||||
24 | Sec. 3-103. The procedure for obtaining a valid license | ||||||
25 | shall be as follows:
|
| |||||||
| |||||||
1 | (1) Application to operate a facility shall be made to
| ||||||
2 | the Department on forms furnished by the Department.
| ||||||
3 | (2)
All license applications shall be accompanied with | ||||||
4 | an application fee.
The fee
for an annual license shall be | ||||||
5 | $1,990 $995 . Facilities that pay a fee or assessment | ||||||
6 | pursuant to Article V-C of the Illinois Public Aid Code | ||||||
7 | shall be exempt from the license fee imposed under this | ||||||
8 | item (2). The fee for a 2-year
license shall be double the | ||||||
9 | fee for the annual license set forth in the
preceding | ||||||
10 | sentence. The
fees collected
shall be deposited with the | ||||||
11 | State Treasurer into the Long Term Care
Monitor/Receiver | ||||||
12 | Fund, which has been created as a special fund in the State
| ||||||
13 | treasury.
This special fund is to be used by the Department | ||||||
14 | for expenses related to
the appointment of monitors and | ||||||
15 | receivers as contained in Sections 3-501
through 3-517 of | ||||||
16 | this Act, for the enforcement of this Act, and for | ||||||
17 | implementation of the Abuse Prevention Review Team Act. The | ||||||
18 | Department may reduce or waive a penalty pursuant to | ||||||
19 | Section 3-308 only if that action will not threaten the | ||||||
20 | ability of the Department to meet the expenses required to | ||||||
21 | be met by the Long Term Care Monitor/Receiver Fund. At the | ||||||
22 | end of each fiscal year, any funds in excess of
$1,000,000 | ||||||
23 | held in the Long Term Care Monitor/Receiver Fund shall be
| ||||||
24 | deposited in the State's General Revenue Fund. The | ||||||
25 | application shall be under
oath and the submission of false | ||||||
26 | or misleading information shall be a Class
A misdemeanor. |
| |||||||
| |||||||
1 | The application shall contain the following information:
| ||||||
2 | (a) The name and address of the applicant if an | ||||||
3 | individual, and if a firm,
partnership, or | ||||||
4 | association, of every member thereof, and in the case | ||||||
5 | of
a corporation, the name and address thereof and of | ||||||
6 | its officers and its
registered agent, and in the case | ||||||
7 | of a unit of local government, the name
and address of | ||||||
8 | its chief executive officer;
| ||||||
9 | (b) The name and location of the facility for which | ||||||
10 | a license is sought;
| ||||||
11 | (c) The name of the person or persons under whose | ||||||
12 | management or
supervision
the facility will be | ||||||
13 | conducted;
| ||||||
14 | (d) The number and type of residents for which | ||||||
15 | maintenance, personal care,
or nursing is to be | ||||||
16 | provided; and
| ||||||
17 | (e) Such information relating to the number, | ||||||
18 | experience, and training
of the employees of the | ||||||
19 | facility, any management agreements for the operation
| ||||||
20 | of the facility, and of the moral character of the | ||||||
21 | applicant and employees
as the Department may deem | ||||||
22 | necessary.
| ||||||
23 | (3) Each initial application shall be accompanied by a | ||||||
24 | financial
statement setting forth the financial condition | ||||||
25 | of the applicant and by a
statement from the unit of local | ||||||
26 | government having zoning jurisdiction over
the facility's |
| |||||||
| |||||||
1 | location stating that the location of the facility is not | ||||||
2 | in
violation of a zoning ordinance. An initial application | ||||||
3 | for a new facility
shall be accompanied by a permit as | ||||||
4 | required by the "Illinois Health Facilities
Planning Act". | ||||||
5 | After the application is approved, the applicant shall
| ||||||
6 | advise the Department every 6 months of any changes in the | ||||||
7 | information
originally provided in the application.
| ||||||
8 | (4) Other information necessary to determine the | ||||||
9 | identity and qualifications
of an applicant to operate a | ||||||
10 | facility in accordance with this Act shall
be included in | ||||||
11 | the application as required by the Department in | ||||||
12 | regulations.
| ||||||
13 | (Source: P.A. 96-758, eff. 8-25-09.)
| ||||||
14 | (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) | ||||||
15 | Sec. 3-113. The license granted to the transferee shall be | ||||||
16 | subject to
the plan of correction submitted by the previous | ||||||
17 | owner and approved by the
Department and any conditions | ||||||
18 | contained in a conditional license issued
to the previous | ||||||
19 | owner. If there are outstanding violations and no approved
plan | ||||||
20 | of correction has been implemented, the Department may issue a | ||||||
21 | conditional
license and plan of correction as provided in | ||||||
22 | Sections 3-311
through 3-317. The license granted to a | ||||||
23 | transferee for a facility that is in receivership shall be | ||||||
24 | subject to any contractual obligations assumed by a grantee | ||||||
25 | under the Equity in Long-term Care Quality Act and to the plan |
| |||||||
| |||||||
1 | submitted by the receiver for continuing and increasing | ||||||
2 | adherence to best practices in providing high-quality nursing | ||||||
3 | home care, unless the grant is repaid, under conditions to be | ||||||
4 | determined by rule by the Department in its administration of | ||||||
5 | the Equity in Long-term Care Quality Act. | ||||||
6 | (Source: P.A. 91-357, eff. 7-29-99.) | ||||||
7 | (210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) | ||||||
8 | Sec. 3-117. An application for a license may be denied for | ||||||
9 | any of the
following reasons: | ||||||
10 | (1) Failure to meet any of the minimum standards set | ||||||
11 | forth by this
Act or by rules and regulations promulgated | ||||||
12 | by the Department under this Act.
| ||||||
13 | (2) Conviction of the applicant, or if the applicant is | ||||||
14 | a firm,
partnership or association, of any of its members, | ||||||
15 | or if a corporation,
the conviction of the corporation or | ||||||
16 | any of its officers or
stockholders, or of the person | ||||||
17 | designated to manage or supervise the
facility, of a | ||||||
18 | felony, or of 2 or more misdemeanors involving moral
| ||||||
19 | turpitude, during the previous 5 years as shown by a | ||||||
20 | certified copy
of the record of the court of conviction. | ||||||
21 | (3) Personnel insufficient in number or unqualified by | ||||||
22 | training or
experience to properly care for the proposed | ||||||
23 | number and type of residents. | ||||||
24 | (4) Insufficient financial or other resources to | ||||||
25 | operate and conduct
the facility in accordance with |
| |||||||
| |||||||
1 | standards promulgated by the Department
under this Act and | ||||||
2 | with contractual obligations assumed by a recipient of a | ||||||
3 | grant under the Equity in Long-term Care Quality Act and | ||||||
4 | the plan (if applicable) submitted by a grantee for | ||||||
5 | continuing and increasing adherence to best practices in | ||||||
6 | providing high-quality nursing home care . | ||||||
7 | (5) Revocation of a facility license during the | ||||||
8 | previous 5 years, if
such prior license was issued to the | ||||||
9 | individual applicant, a controlling
owner or controlling | ||||||
10 | combination of owners of the applicant; or any
affiliate of | ||||||
11 | the individual applicant or controlling owner of the | ||||||
12 | applicant
and such individual applicant, controlling owner | ||||||
13 | of the applicant or
affiliate of the applicant was a | ||||||
14 | controlling owner of the prior license;
provided, however, | ||||||
15 | that the denial of an application for a license pursuant
to | ||||||
16 | this subsection must be supported by evidence that such | ||||||
17 | prior revocation
renders the applicant unqualified or | ||||||
18 | incapable of meeting or maintaining
a facility in | ||||||
19 | accordance with the standards and rules promulgated by the
| ||||||
20 | Department under this Act. | ||||||
21 | (6) That the facility is not under the direct | ||||||
22 | supervision of a full-time
administrator, as defined by | ||||||
23 | regulation, who is licensed, if required,
under the Nursing | ||||||
24 | Home Administrators Licensing and Disciplinary Act. | ||||||
25 | (7) That the facility is in receivership and the | ||||||
26 | proposed licensee has not submitted a specific detailed |
| |||||||
| |||||||
1 | plan to bring the facility into compliance with the | ||||||
2 | requirements of this Act and with federal certification | ||||||
3 | requirements, if the facility is certified, and to keep the | ||||||
4 | facility in such compliance. | ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
6 | (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
| ||||||
7 | Sec. 3-119. (a) The Department, after notice to the | ||||||
8 | applicant or
licensee, may suspend, revoke or refuse to renew a | ||||||
9 | license in any case
in which the Department finds any of the | ||||||
10 | following:
| ||||||
11 | (1) There has been a substantial failure to comply with | ||||||
12 | this Act or the
rules and regulations promulgated by the | ||||||
13 | Department under this Act. A substantial failure by a | ||||||
14 | facility shall include, but not be limited to, any of the | ||||||
15 | following: | ||||||
16 | (A) termination of Medicare or Medicaid | ||||||
17 | certification by the Centers for Medicare and Medicaid | ||||||
18 | Services; or | ||||||
19 | (B) a failure by the facility to pay any fine | ||||||
20 | assessed under this Act after the Department has sent | ||||||
21 | to the facility at least 2 notices of assessment that | ||||||
22 | include a schedule of payments as determined by the | ||||||
23 | Department, taking into account extenuating | ||||||
24 | circumstances and financial hardships of the facility.
| ||||||
25 | (2) Conviction of the licensee, or of the person |
| |||||||
| |||||||
1 | designated to manage
or supervise the facility, of a | ||||||
2 | felony, or of 2 or more misdemeanors
involving moral | ||||||
3 | turpitude, during the previous 5 years as shown by a
| ||||||
4 | certified copy of the record of the court of conviction.
| ||||||
5 | (3) Personnel is insufficient in number or unqualified | ||||||
6 | by
training or experience to properly care for the number | ||||||
7 | and
type of residents served by the facility.
| ||||||
8 | (4) Financial or other resources are insufficient to | ||||||
9 | conduct
and operate the facility in accordance with | ||||||
10 | standards promulgated by the
Department under this Act.
| ||||||
11 | (5) The facility is not under the direct supervision of | ||||||
12 | a full-time
administrator, as defined by regulation, who is | ||||||
13 | licensed, if required,
under the Nursing Home | ||||||
14 | Administrators Licensing and Disciplinary Act.
| ||||||
15 | (6) The facility has committed 2 Type "AA" violations | ||||||
16 | within a 2-year period. | ||||||
17 | (b) Notice under this Section shall include a clear and | ||||||
18 | concise
statement of the violations on which the nonrenewal or | ||||||
19 | revocation is
based, the statute or rule violated and notice of | ||||||
20 | the opportunity for a
hearing under Section 3-703.
| ||||||
21 | (c) If a facility desires to contest the nonrenewal or | ||||||
22 | revocation of
a license, the facility shall, within 10 days | ||||||
23 | after receipt of notice
under subsection (b) of this Section, | ||||||
24 | notify the Department in writing
of its request for a hearing | ||||||
25 | under Section 3-703. Upon receipt of the
request the Department | ||||||
26 | shall send notice to the facility and hold a
hearing as |
| |||||||
| |||||||
1 | provided under Section 3-703.
| ||||||
2 | (d) The effective date of nonrenewal or revocation of a | ||||||
3 | license by
the Department shall be any of the following:
| ||||||
4 | (1) Until otherwise ordered by the circuit court, | ||||||
5 | revocation is
effective on the date set by the Department | ||||||
6 | in the notice of revocation,
or upon final action after | ||||||
7 | hearing under Section 3-703, whichever is later.
| ||||||
8 | (2) Until otherwise ordered by the circuit court, | ||||||
9 | nonrenewal is
effective on the date of expiration of any | ||||||
10 | existing license, or upon
final action after hearing under | ||||||
11 | Section 3-703, whichever is later; however,
a license shall | ||||||
12 | not be deemed to have expired if the Department fails to
| ||||||
13 | timely respond to a timely request for renewal under this | ||||||
14 | Act or for a hearing
to contest nonrenewal under paragraph | ||||||
15 | (c).
| ||||||
16 | (3) The Department may extend the effective date of | ||||||
17 | license
revocation or expiration in any case in order to | ||||||
18 | permit orderly removal
and relocation of residents.
| ||||||
19 | The Department may refuse to issue or may suspend the
| ||||||
20 | license of any person who fails to file a return, or to pay the | ||||||
21 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
22 | final assessment
of tax, penalty or interest, as required by | ||||||
23 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
24 | until such time as the requirements of any
such tax Act are | ||||||
25 | satisfied.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-120 new) | ||||||
2 | Sec. 3-120. Certification of behavioral management units. | ||||||
3 | (a) No later than January 1, 2011, the Department shall | ||||||
4 | file with the Joint Committee on Administrative Rules, pursuant | ||||||
5 | to the Illinois Administrative Procedure Act, proposed rules or | ||||||
6 | proposed amendments to existing rules to certify distinct | ||||||
7 | self-contained units within existing nursing homes for the | ||||||
8 | behavioral management of persons with a high risk of | ||||||
9 | aggression. The purpose of the certification program is to | ||||||
10 | ensure that the safety of residents, employees, and the public | ||||||
11 | is preserved. | ||||||
12 | (b) The Department's rules shall, at a minimum, provide for | ||||||
13 | the following: | ||||||
14 | (1) A security and safety assessment, completed before | ||||||
15 | admission to a certified unit if an Identified Offender | ||||||
16 | Report and Recommendation or other criminal risk analysis | ||||||
17 | has not been completed, to identify existing or potential | ||||||
18 | residents at risk of committing violent acts and determine | ||||||
19 | appropriate preventive action to be taken. The assessment | ||||||
20 | shall include, but need not be limited to, (i) a measure of | ||||||
21 | the frequency of, (ii) an identification of the | ||||||
22 | precipitating factors for, and (iii) the consequences of, | ||||||
23 | violent acts. The security and safety assessment shall be | ||||||
24 | in addition to any risk-of-harm assessment performed by a | ||||||
25 | PAS screener, but may use the results of this or any other |
| |||||||
| |||||||
1 | assessment. The security and safety assessment shall be | ||||||
2 | completed by the same licensed forensic psychologist who | ||||||
3 | prepares Identified Offender Reports and Recommendations | ||||||
4 | for identified offenders. | ||||||
5 | (2) Development of an individualized treatment and | ||||||
6 | behavior management plan for each resident to reduce | ||||||
7 | overall and specific risks. | ||||||
8 | (3) Room selection and appropriateness of roommate | ||||||
9 | assignment. | ||||||
10 | (4) Protection of residents, employees, and members of | ||||||
11 | the public from aggression by residents. | ||||||
12 | (5) Supervision and monitoring. | ||||||
13 | (6) Staffing levels. | ||||||
14 | (7) Quality assurance and improvement. | ||||||
15 | (8) Staff training, conducted during orientation and | ||||||
16 | periodically thereafter, specific to each job description | ||||||
17 | covering the following topics as appropriate: | ||||||
18 | (A) The violence escalation cycle. | ||||||
19 | (B) Violence predicting factors. | ||||||
20 | (C) Obtaining a history from a resident with a | ||||||
21 | history of violent behavior. | ||||||
22 | (D) Verbal and physical techniques to de-escalate | ||||||
23 | and minimize violent behavior. | ||||||
24 | (E) Strategies to avoid physical harm. | ||||||
25 | (F) Containment techniques, as permitted and | ||||||
26 | governed by law. |
| |||||||
| |||||||
1 | (G) Appropriate treatment to reduce violent | ||||||
2 | behavior. | ||||||
3 | (H) Documenting and reporting incidents of | ||||||
4 | violence. | ||||||
5 | (I) The process whereby employees affected by a | ||||||
6 | violent act may be debriefed or calmed down and the | ||||||
7 | tension of the situation may be reduced. | ||||||
8 | (J) Any resources available to employees for | ||||||
9 | coping with violence. | ||||||
10 | (K) Any other topic deemed appropriate based on job | ||||||
11 | description and the needs of this population. | ||||||
12 | (9) Elimination or reduction of environmental factors | ||||||
13 | that affect resident safety. | ||||||
14 | (10) Periodic independent reassessment of the | ||||||
15 | individual resident for appropriateness of continued | ||||||
16 | placement on the certified unit. For the purposes of this | ||||||
17 | paragraph (10), "independent" means that no professional | ||||||
18 | or financial relationship exists between any person making | ||||||
19 | the assessment and any community provider or long term care | ||||||
20 | facility. | ||||||
21 | (11) A definition of a "person with high risk of | ||||||
22 | aggression". | ||||||
23 | The Department shall develop the administrative rules | ||||||
24 | under this subsection (b) in collaboration with other relevant | ||||||
25 | State agencies and in consultation with (i) advocates for | ||||||
26 | residents, (ii) providers of nursing home services, and (iii) |
| |||||||
| |||||||
1 | labor and employee-representation organizations. | ||||||
2 | (c) A long term care facility found to be out of compliance | ||||||
3 | with the certification requirements under Section 3-120 may be | ||||||
4 | subject to denial, revocation, or suspension of the behavioral | ||||||
5 | management unit certification or the imposition of sanctions | ||||||
6 | and penalties, including the immediate suspension of new | ||||||
7 | admissions. Hearings shall be conducted pursuant to Part 7 of | ||||||
8 | Article III of this Act. | ||||||
9 | (d) The Department shall establish a certification fee | ||||||
10 | schedule by rule, in consultation with advocates, nursing | ||||||
11 | homes, and representatives of associations representing long | ||||||
12 | term care facilities. | ||||||
13 | (210 ILCS 45/3-202.05 new) | ||||||
14 | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | ||||||
15 | thereafter. | ||||||
16 | (a) For the purpose of computing staff to resident ratios, | ||||||
17 | direct care staff shall include: | ||||||
18 | (1) registered nurses; | ||||||
19 | (2) licensed practical nurses; | ||||||
20 | (3) certified nurse assistants; | ||||||
21 | (4) psychiatric services rehabilitation aides; | ||||||
22 | (5) rehabilitation and therapy aides; | ||||||
23 | (6) psychiatric services rehabilitation coordinators; | ||||||
24 | (7) assistant directors of nursing; | ||||||
25 | (8) 50% of the Director of Nurses' time; and |
| |||||||
| |||||||
1 | (9) 30% of the Social Services Directors' time. | ||||||
2 | The Department shall, by rule, allow certain facilities | ||||||
3 | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | ||||||
4 | S) and 300.6000 and following (Subpart T) to utilize | ||||||
5 | specialized clinical staff, as defined in rules, to count | ||||||
6 | towards the staffing ratios. | ||||||
7 | (b) Beginning July 1, 2011, and thereafter, light | ||||||
8 | intermediate care shall be staffed at the same staffing ratio | ||||||
9 | as intermediate care. | ||||||
10 | (c) Facilities shall notify the Department within 60 days | ||||||
11 | after the effective date of this amendatory Act of the 96th | ||||||
12 | General Assembly, in a form and manner prescribed by the | ||||||
13 | Department, of the staffing ratios in effect on the effective | ||||||
14 | date of this amendatory Act of the 96th General Assembly for | ||||||
15 | both intermediate and skilled care and the number of residents | ||||||
16 | receiving each level of care. | ||||||
17 | (d)(1) Effective July 1, 2010, for each resident needing | ||||||
18 | skilled care, a minimum staffing ratio of 2.5 hours of nursing | ||||||
19 | and personal care each day must be provided; for each resident | ||||||
20 | needing intermediate care, 1.7 hours of nursing and personal | ||||||
21 | care each day must be provided. | ||||||
22 | (2) Effective January 1, 2011, the minimum staffing | ||||||
23 | ratios shall be increased to 2.7 hours of nursing and | ||||||
24 | personal care each day for a resident needing skilled care | ||||||
25 | and 1.9 hours of nursing and personal care each day for a | ||||||
26 | resident needing intermediate care. |
| |||||||
| |||||||
1 | (3) Effective January 1, 2012, the minimum staffing | ||||||
2 | ratios shall be increased to 3.0 hours of nursing and | ||||||
3 | personal care each day for a resident needing skilled care | ||||||
4 | and 2.1 hours of nursing and personal care each day for a | ||||||
5 | resident needing intermediate care. | ||||||
6 | (4) Effective January 1, 2013, the minimum staffing | ||||||
7 | ratios shall be increased to 3.4 hours of nursing and | ||||||
8 | personal care each day for a resident needing skilled care | ||||||
9 | and 2.3 hours of nursing and personal care each day for a | ||||||
10 | resident needing intermediate care. | ||||||
11 | (5) Effective January 1, 2014, the minimum staffing | ||||||
12 | ratios shall be increased to 3.8 hours of nursing and | ||||||
13 | personal care each day for a resident needing skilled care | ||||||
14 | and 2.5 hours of nursing and personal care each day for a | ||||||
15 | resident needing intermediate care. | ||||||
16 | (210 ILCS 45/3-202.2a new) | ||||||
17 | Sec. 3-202.2a. Comprehensive resident care plan. A | ||||||
18 | facility, with the participation of the resident and the | ||||||
19 | resident's guardian or representative, as applicable, must | ||||||
20 | develop and implement a comprehensive care plan for each | ||||||
21 | resident that includes measurable objectives and timetables to | ||||||
22 | meet the resident's medical, nursing, and mental and | ||||||
23 | psychosocial needs that are identified in the resident's | ||||||
24 | comprehensive assessment, which allow the resident to attain or | ||||||
25 | maintain the highest practicable level of independent |
| |||||||
| |||||||
1 | functioning, and provide for discharge planning to the least | ||||||
2 | restrictive setting based on the resident's care needs. The | ||||||
3 | assessment shall be developed with the active participation of | ||||||
4 | the resident and the resident's guardian or representative, as | ||||||
5 | applicable. | ||||||
6 | (210 ILCS 45/3-202.2b new) | ||||||
7 | Sec. 3-202.2b. Certification of psychiatric rehabilitation | ||||||
8 | program. | ||||||
9 | (a) No later than January 1, 2011, the Department shall | ||||||
10 | file with the Joint Committee on Administrative Rules, pursuant | ||||||
11 | to the Illinois Administrative Procedure Act, proposed rules or | ||||||
12 | proposed amendments to existing rules to establish a special | ||||||
13 | certification program for compliance with 77 Ill. Admin. Code | ||||||
14 | 300.4000 and following (Subpart S), which provides for | ||||||
15 | psychiatric rehabilitation services that are required to be | ||||||
16 | offered by a long term care facility licensed under this Act | ||||||
17 | that serves residents with serious mental illness. Compliance | ||||||
18 | with standards promulgated pursuant to this Section must be | ||||||
19 | demonstrated before a long term care facility licensed under | ||||||
20 | this Act is eligible to become certified under this Section and | ||||||
21 | annually thereafter. | ||||||
22 | (b) No long term care facility shall establish, operate, | ||||||
23 | maintain, or offer psychiatric rehabilitation services, or | ||||||
24 | admit, retain, or seek referrals of a resident with a serious | ||||||
25 | mental illness diagnosis, unless and until a valid |
| |||||||
| |||||||
1 | certification, which remains unsuspended, unrevoked, and | ||||||
2 | unexpired, has been issued. | ||||||
3 | (c) A facility that currently serves a resident with | ||||||
4 | serious mental illness may continue to admit such residents | ||||||
5 | until the Department performs a certification review and | ||||||
6 | determines that the facility does not meet the requirements for | ||||||
7 | certification. The Department, at its discretion, may provide | ||||||
8 | an additional 90-day period for the facility to meet the | ||||||
9 | requirements for certification if it finds that the facility | ||||||
10 | has made a good faith effort to comply with all certification | ||||||
11 | requirements and will achieve total compliance with the | ||||||
12 | requirements before the end of the 90-day period. The facility | ||||||
13 | shall be prohibited from admitting residents with serious | ||||||
14 | mental illness until the Department certifies the facility to | ||||||
15 | be in compliance with the requirements of this Section. | ||||||
16 | (d) A facility currently serving residents with serious | ||||||
17 | mental illness that elects to terminate provision of services | ||||||
18 | to this population must immediately notify the Department of | ||||||
19 | its intent, cease to admit new residents with serious mental | ||||||
20 | illness, and give notice to all existing residents with serious | ||||||
21 | mental illness of their impending discharge. These residents | ||||||
22 | shall be accorded all rights and assistance provided to a | ||||||
23 | resident being involuntarily discharged and those provided | ||||||
24 | under Section 2-201.5. The facility shall continue to adhere to | ||||||
25 | all requirements of 77 Ill. Admin. Code 300.4000 until all | ||||||
26 | residents with serious mental illness have been discharged. |
| |||||||
| |||||||
1 | (e) A long term care facility found to be out of compliance | ||||||
2 | with the certification requirements under this Section may be | ||||||
3 | subject to denial, revocation, or suspension of the psychiatric | ||||||
4 | rehabilitation services certification or the imposition of | ||||||
5 | sanctions and penalties, including the immediate suspension of | ||||||
6 | new admissions. Hearings shall be conducted pursuant to Article | ||||||
7 | III, Part 7 of this Act. | ||||||
8 | (f) The Department shall indicate, on its list of licensed | ||||||
9 | long term care facilities, which facilities are certified under | ||||||
10 | this Section and shall distribute this list to the appropriate | ||||||
11 | State agencies charged with administering and implementing the | ||||||
12 | State's program of pre-admission screening and resident | ||||||
13 | review, hospital discharge planners, Area Agencies on Aging, | ||||||
14 | Case Coordination Units, and others upon request. | ||||||
15 | (g) No public official, agent, or employee of the State, or | ||||||
16 | any subcontractor of the State, may refer or arrange for the | ||||||
17 | placement of a person with serious mental illness in a long | ||||||
18 | term care facility that is not certified under this Section. No | ||||||
19 | public official, agent, or employee of the State, or any | ||||||
20 | subcontractor of the State, may place the name of a long term | ||||||
21 | care facility on a list of facilities serving the seriously | ||||||
22 | mentally ill for distribution to the general public or to | ||||||
23 | professionals arranging for placements or making referrals | ||||||
24 | unless the facility is certified under this Section. | ||||||
25 | (h) Certification requirements. The Department shall | ||||||
26 | establish requirements for certification that augment current |
| |||||||
| |||||||
1 | quality of care standards for long term care facilities serving | ||||||
2 | residents with serious mental illness, which shall include | ||||||
3 | admission, discharge planning, psychiatric rehabilitation | ||||||
4 | services, development of age-group appropriate treatment plan | ||||||
5 | goals and services, behavior management services, coordination | ||||||
6 | with community mental health services, staff qualifications | ||||||
7 | and training, clinical consultation, resident access to the | ||||||
8 | outside community, and appropriate environment and space for | ||||||
9 | resident programs, recreation, privacy, and any other issue | ||||||
10 | deemed appropriate by the Department. The augmented standards | ||||||
11 | shall at a minimum include, but need not be limited to, the | ||||||
12 | following: | ||||||
13 | (1) Staff sufficient in number and qualifications | ||||||
14 | necessary to meet the scheduled and unscheduled needs of | ||||||
15 | the residents on a 24-hour basis. The Department shall | ||||||
16 | establish by rule the minimum number of psychiatric | ||||||
17 | services rehabilitation coordinators in relation to the | ||||||
18 | number of residents with serious mental illness residing in | ||||||
19 | the facility. | ||||||
20 | (2) The number and qualifications of consultants | ||||||
21 | required to be contracted with to provide continuing | ||||||
22 | education and training, and to assist with program | ||||||
23 | development. | ||||||
24 | (3) Training for all new employees specific to the care | ||||||
25 | needs of residents with a serious mental illness diagnosis | ||||||
26 | during their orientation period and annually thereafter. |
| |||||||
| |||||||
1 | Training shall be independent of the Department and | ||||||
2 | overseen by an agency designated by the Governor to | ||||||
3 | determine the content of all facility employee training and | ||||||
4 | to provide training for all trainers of facility employees. | ||||||
5 | Training of employees shall at minimum include, but need | ||||||
6 | not be limited to, (i) the impact of a serious mental | ||||||
7 | illness diagnosis, (ii) the recovery paradigm and the role | ||||||
8 | of psychiatric rehabilitation, (iii) preventive strategies | ||||||
9 | for managing aggression and crisis prevention, (iv) basic | ||||||
10 | psychiatric rehabilitation techniques and service | ||||||
11 | delivery, (v) resident rights, (vi) abuse prevention, | ||||||
12 | (vii) appropriate interaction between staff and residents, | ||||||
13 | and (viii) any other topic deemed by the Department to be | ||||||
14 | important to ensuring quality of care. | ||||||
15 | (4) Quality assessment and improvement requirements, | ||||||
16 | in addition to those contained in this Act on the effective | ||||||
17 | date of this amendatory Act of the 96th General Assembly, | ||||||
18 | specific to a facility's residential psychiatric | ||||||
19 | rehabilitation services, which shall be made available to | ||||||
20 | the Department upon request. A facility shall be required | ||||||
21 | at a minimum to develop and maintain policies and | ||||||
22 | procedures that include, but need not be limited to, | ||||||
23 | evaluation of the appropriateness of resident admissions | ||||||
24 | based on the facility's capacity to meet specific needs, | ||||||
25 | resident assessments, development and implementation of | ||||||
26 | care plans, and discharge planning. |
| |||||||
| |||||||
1 | (5) Room selection and appropriateness of roommate | ||||||
2 | assignment. | ||||||
3 | (6) Comprehensive quarterly review of all treatment | ||||||
4 | plans for residents with serious mental illness by the | ||||||
5 | resident's interdisciplinary team, which takes into | ||||||
6 | account, at a minimum, the resident's progress, prior | ||||||
7 | assessments, and treatment plan. | ||||||
8 | (7) Substance abuse screening and management and | ||||||
9 | documented referral relationships with certified substance | ||||||
10 | abuse treatment providers. | ||||||
11 | (8) Administration of psychotropic medications to a | ||||||
12 | resident with serious mental illness who is incapable of | ||||||
13 | giving informed consent, in compliance with the applicable | ||||||
14 | provisions of the Mental Health and Developmental | ||||||
15 | Disabilities Code. | ||||||
16 | (i) The Department shall establish a certification fee | ||||||
17 | schedule by rule, in consultation with advocates, nursing | ||||||
18 | homes, and representatives of associations representing long | ||||||
19 | term care facilities. | ||||||
20 | (j) The Director or her or his designee shall seek input | ||||||
21 | from the Long Term Care Facility Advisory Board before filing | ||||||
22 | rules to implement this Section. | ||||||
23 | Rules proposed no later than January 1, 2011 under this | ||||||
24 | Section shall take effect 180 days after being approved by the | ||||||
25 | Joint Committee on Administrative Rules.
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| ||||||
2 | Sec. 3-206.
The Department shall prescribe a curriculum for | ||||||
3 | training
nursing assistants, habilitation aides, and child | ||||||
4 | care aides.
| ||||||
5 | (a) No person, except a volunteer who receives no | ||||||
6 | compensation from a
facility and is not included for the | ||||||
7 | purpose of meeting any staffing
requirements set forth by the | ||||||
8 | Department, shall act as a nursing assistant,
habilitation | ||||||
9 | aide, or child care aide in a facility, nor shall any person, | ||||||
10 | under any
other title, not licensed, certified, or registered | ||||||
11 | to render medical care
by the Department of Professional | ||||||
12 | Regulation, assist with the
personal, medical, or nursing care | ||||||
13 | of residents in a facility, unless such
person meets the | ||||||
14 | following requirements:
| ||||||
15 | (1) Be at least 16 years of age, of temperate habits | ||||||
16 | and good moral
character, honest, reliable and | ||||||
17 | trustworthy . ;
| ||||||
18 | (2) Be able to speak and understand the English | ||||||
19 | language or a language
understood by a substantial | ||||||
20 | percentage of the facility's residents . ;
| ||||||
21 | (3) Provide evidence of employment or occupation, if | ||||||
22 | any, and residence
for 2 years prior to his present | ||||||
23 | employment . ;
| ||||||
24 | (4) Have completed at least 8 years of grade school or | ||||||
25 | provide proof of
equivalent knowledge . ;
| ||||||
26 | (5) Begin a current course of training for nursing |
| |||||||
| |||||||
1 | assistants,
habilitation aides, or child care aides, | ||||||
2 | approved by the Department, within 45 days of initial
| ||||||
3 | employment in the capacity of a nursing assistant, | ||||||
4 | habilitation aide, or
child care aide
at any facility. Such | ||||||
5 | courses of training shall be successfully completed
within | ||||||
6 | 120 days of initial employment in the capacity of nursing | ||||||
7 | assistant,
habilitation aide, or child care aide at a | ||||||
8 | facility. Nursing assistants, habilitation
aides, and | ||||||
9 | child care aides who are enrolled in approved courses in | ||||||
10 | community
colleges or other educational institutions on a | ||||||
11 | term, semester or trimester
basis, shall be exempt from the | ||||||
12 | 120 day completion time limit. The
Department shall adopt | ||||||
13 | rules for such courses of training.
These rules shall | ||||||
14 | include procedures for facilities to
carry on an approved | ||||||
15 | course of training within the facility.
| ||||||
16 | The Department may accept comparable training in lieu | ||||||
17 | of the 120 hour
course for student nurses, foreign nurses, | ||||||
18 | military personnel, or employes of
the Department of Human | ||||||
19 | Services.
| ||||||
20 | The facility shall develop and implement procedures, | ||||||
21 | which shall be
approved by the Department, for an ongoing | ||||||
22 | review process, which shall take
place within the facility, | ||||||
23 | for nursing assistants, habilitation aides, and
child care | ||||||
24 | aides.
| ||||||
25 | At the time of each regularly scheduled licensure | ||||||
26 | survey, or at the time
of a complaint investigation, the |
| |||||||
| |||||||
1 | Department may require any nursing
assistant, habilitation | ||||||
2 | aide, or child care aide to demonstrate, either through | ||||||
3 | written
examination or action, or both, sufficient | ||||||
4 | knowledge in all areas of
required training. If such | ||||||
5 | knowledge is inadequate the Department shall
require the | ||||||
6 | nursing assistant, habilitation aide, or child care aide to | ||||||
7 | complete inservice
training and review in the facility | ||||||
8 | until the nursing assistant, habilitation
aide, or child | ||||||
9 | care aide demonstrates to the Department, either through | ||||||
10 | written
examination or action, or both, sufficient | ||||||
11 | knowledge in all areas of
required training . ; and
| ||||||
12 | (6) Be familiar with and have general skills related to | ||||||
13 | resident care.
| ||||||
14 | (a-0.5) An educational entity, other than a secondary | ||||||
15 | school, conducting a
nursing assistant, habilitation aide, or | ||||||
16 | child care aide
training program
shall initiate a UCIA criminal | ||||||
17 | history record check in accordance with the Health Care Worker | ||||||
18 | Background Check Act prior to entry of an
individual into the | ||||||
19 | training program.
A secondary school may initiate a UCIA | ||||||
20 | criminal history record check in accordance with the Health | ||||||
21 | Care Worker Background Check Act at any time during or after | ||||||
22 | prior to
the entry of an individual into a training program.
| ||||||
23 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
24 | care aides seeking to be included on the registry maintained | ||||||
25 | under Section 3-206.01 on or
after January 1, 1996 must | ||||||
26 | authorize the Department of Public Health or its
designee that |
| |||||||
| |||||||
1 | tests nursing assistants
to request a UCIA criminal history | ||||||
2 | record check in accordance with the Health Care Worker | ||||||
3 | Background Check Act and submit all necessary
information. An | ||||||
4 | individual may not newly be included on the registry unless a | ||||||
5 | criminal history record check has been conducted with respect | ||||||
6 | to the individual.
| ||||||
7 | (b) Persons subject to this Section shall perform their | ||||||
8 | duties under the
supervision of a licensed nurse.
| ||||||
9 | (c) It is unlawful for any facility to employ any person in | ||||||
10 | the capacity
of nursing assistant, habilitation aide, or child | ||||||
11 | care aide, or under any other title, not
licensed by the State | ||||||
12 | of Illinois to assist in the personal, medical, or
nursing care | ||||||
13 | of residents in such facility unless such person has complied
| ||||||
14 | with this Section.
| ||||||
15 | (d) Proof of compliance by each employee with the | ||||||
16 | requirements set out
in this Section shall be maintained for | ||||||
17 | each such employee by each facility
in the individual personnel | ||||||
18 | folder of the employee. Proof of training shall be obtained | ||||||
19 | only from the health care worker registry.
| ||||||
20 | (e) Each facility shall obtain access to the health care | ||||||
21 | worker registry's web application, maintain the employment and | ||||||
22 | demographic information relating to certify to the Department | ||||||
23 | on a form provided by
the Department the name and residence | ||||||
24 | address of each employee, and verify by the category and type | ||||||
25 | of employment that
each employee subject to this Section meets | ||||||
26 | all the requirements of this
Section.
|
| |||||||
| |||||||
1 | (f) Any facility that is operated under Section 3-803 shall | ||||||
2 | be
exempt
from the requirements of this Section.
| ||||||
3 | (g) Each skilled nursing and intermediate care facility | ||||||
4 | that
admits
persons who are diagnosed as having Alzheimer's | ||||||
5 | disease or related
dementias shall require all nursing | ||||||
6 | assistants, habilitation aides, or child
care aides, who did | ||||||
7 | not receive 12 hours of training in the care and
treatment of | ||||||
8 | such residents during the training required under paragraph
(5) | ||||||
9 | of subsection (a), to obtain 12 hours of in-house training in | ||||||
10 | the care
and treatment of such residents. If the facility does | ||||||
11 | not provide the
training in-house, the training shall be | ||||||
12 | obtained from other facilities,
community colleges or other | ||||||
13 | educational institutions that have a
recognized course for such | ||||||
14 | training. The Department shall, by rule,
establish a recognized | ||||||
15 | course for such training. The Department's rules shall provide | ||||||
16 | that such
training may be conducted in-house at each facility | ||||||
17 | subject to the
requirements of this subsection, in which case | ||||||
18 | such training shall be
monitored by the Department.
| ||||||
19 | The Department's rules shall also provide for | ||||||
20 | circumstances and procedures
whereby any person who has | ||||||
21 | received training that meets
the
requirements of this | ||||||
22 | subsection shall not be required to undergo additional
training | ||||||
23 | if he or she is transferred to or obtains employment at a
| ||||||
24 | different facility or a facility other than a long-term care | ||||||
25 | facility but remains continuously employed for pay as a nursing | ||||||
26 | assistant,
habilitation aide, or child care aide. Individuals
|
| |||||||
| |||||||
1 | who have performed no nursing or nursing-related services
for a | ||||||
2 | period of 24 consecutive months shall be listed as "inactive"
| ||||||
3 | and as such do not meet the requirements of this Section. | ||||||
4 | Licensed sheltered care facilities
shall be
exempt from the | ||||||
5 | requirements of this Section.
| ||||||
6 | (Source: P.A. 91-598, eff. 1-1-00.)
| ||||||
7 | (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. | ||||||
8 | 4153-206.01)
| ||||||
9 | Sec. 3-206.01. Health care worker registry.
| ||||||
10 | (a) The Department shall establish and maintain a registry | ||||||
11 | of all
individuals who (i) have satisfactorily completed the | ||||||
12 | training required
by Section 3-206 , (ii) have begun a current | ||||||
13 | course of training as set forth in Section 3-206, or (iii) are | ||||||
14 | otherwise acting as a nursing assistant, habilitation aide, | ||||||
15 | home health aide, psychiatric services rehabilitation aide, or | ||||||
16 | child care aide . The registry shall include the individual's | ||||||
17 | name of the nursing
assistant, habilitation aide, or child care | ||||||
18 | aide , his or her
current address, Social Security number, and | ||||||
19 | the date and location of
the training course completed by the | ||||||
20 | individual, and whether the individual has any of the | ||||||
21 | disqualifying convictions listed in Section 25 of the Health | ||||||
22 | Care Worker Background Check Act from the date of the
| ||||||
23 | individual's last criminal records check. Any individual | ||||||
24 | placed on the
registry is required to inform the Department of | ||||||
25 | any change of address
within 30 days. A facility shall not |
| |||||||
| |||||||
1 | employ an individual as a nursing
assistant, habilitation aide, | ||||||
2 | home health aide, psychiatric services rehabilitation aide, or | ||||||
3 | child care aide , or newly hired as an individual who may have | ||||||
4 | access to a resident, a resident's living quarters, or a | ||||||
5 | resident's personal, financial, or medical records,
unless the | ||||||
6 | facility has inquired of the Department's health care worker | ||||||
7 | registry Department as to information in the
registry | ||||||
8 | concerning the individual . The facility and shall not employ an | ||||||
9 | individual as a nursing assistant, habilitation aide, or child | ||||||
10 | care aide if that individual is anyone not on the
registry | ||||||
11 | unless the individual is enrolled in a training program under
| ||||||
12 | paragraph (5) of subsection (a) of Section 3-206 of this Act.
| ||||||
13 | If the Department finds that a nursing assistant, | ||||||
14 | habilitation aide, home health aide, psychiatric services | ||||||
15 | rehabilitation aide, or
child care aide , or an unlicensed | ||||||
16 | individual, has abused or neglected a resident or an individual | ||||||
17 | under his or her care , neglected a resident, or misappropriated
| ||||||
18 | resident property of a resident or an individual under his or | ||||||
19 | her care in a facility , the Department shall notify the | ||||||
20 | individual of
this finding by certified mail sent to the | ||||||
21 | address contained in the registry. The notice shall give the | ||||||
22 | individual an opportunity to contest the finding in a
hearing | ||||||
23 | before the Department or to submit a written response to the | ||||||
24 | findings
in lieu of requesting a hearing. If, after a hearing | ||||||
25 | or if the individual does
not request a hearing, the Department | ||||||
26 | finds that the individual abused a
resident, neglected a |
| |||||||
| |||||||
1 | resident, or misappropriated resident property in a
facility, | ||||||
2 | the finding shall be included as part of the registry as well | ||||||
3 | as a clear and accurate summary
brief statement from the | ||||||
4 | individual, if he or she chooses to make such a
statement. The | ||||||
5 | Department shall make the following information in the registry | ||||||
6 | available to
the public : an individual's full name; the date an | ||||||
7 | individual successfully completed a nurse aide training or | ||||||
8 | competency evaluation; and whether the Department has made a | ||||||
9 | finding that an individual has been guilty of abuse or neglect | ||||||
10 | of a resident or misappropriation of resident property . In the | ||||||
11 | case of inquiries to the registry concerning an individual
| ||||||
12 | listed in the registry, any information disclosed concerning | ||||||
13 | such a finding
shall also include disclosure of the | ||||||
14 | individual's any statement in the registry relating to the
| ||||||
15 | finding or a clear and accurate summary of the statement.
| ||||||
16 | (b) The Department shall add to the health care worker | ||||||
17 | registry records
of findings as reported by the Inspector | ||||||
18 | General or remove from
the health care worker registry records | ||||||
19 | of findings as reported by the
Department of Human Services, | ||||||
20 | under subsection (g-5) of Section 1-17 of the Department of | ||||||
21 | Human Services Act.
| ||||||
22 | (Source: P.A. 95-545, eff. 8-28-07.)
| ||||||
23 | (210 ILCS 45/3-206.02) (from Ch. 111 1/2, par. | ||||||
24 | 4153-206.02)
| ||||||
25 | Sec. 3-206.02.
(a) The Department, after notice to the |
| |||||||
| |||||||
1 | nursing assistant,
habilitation aide, home health aide, | ||||||
2 | psychiatric services rehabilitation aide, or child care aide, | ||||||
3 | may denote that the
Department has found any of the following:
| ||||||
4 | (1) The nursing assistant, habilitation aide, home | ||||||
5 | health aide, psychiatric services rehabilitation aide, or | ||||||
6 | child care aide has abused a resident.
| ||||||
7 | (2) The nursing assistant, habilitation aide, home | ||||||
8 | health aide, psychiatric services rehabilitation aide, or | ||||||
9 | child care aide has neglected a resident.
| ||||||
10 | (3) The nursing assistant, habilitation aide, home | ||||||
11 | health aide, psychiatric services rehabilitation aide, or | ||||||
12 | child care aide has misappropriated resident property.
| ||||||
13 | (4) The nursing assistant, habilitation aide, home | ||||||
14 | health aide, psychiatric services rehabilitation aide, or | ||||||
15 | child care aide has been convicted of (i) a felony, (ii) a
| ||||||
16 | misdemeanor, an essential element of which is dishonesty, | ||||||
17 | or (iii) any
crime that is directly related to the duties | ||||||
18 | of a nursing assistant,
habilitation aide, or child care | ||||||
19 | aide.
| ||||||
20 | (b) Notice under this Section shall include a clear and | ||||||
21 | concise
statement of the grounds denoting abuse, neglect, or | ||||||
22 | theft and
notice of the opportunity for a hearing to contest | ||||||
23 | the designation.
| ||||||
24 | (c) The Department may denote any
nursing assistant, | ||||||
25 | habilitation aide, home health aide, psychiatric services | ||||||
26 | rehabilitation aide, or child care aide on the
registry who |
| |||||||
| |||||||
1 | fails (i) to file a return, (ii) to pay the tax, penalty or
| ||||||
2 | interest shown in a filed return, or (iii) to pay any final | ||||||
3 | assessment of
tax, penalty or interest, as required by any tax | ||||||
4 | Act administered by the
Illinois Department of Revenue, until | ||||||
5 | the time the requirements of the tax
Act are satisfied.
| ||||||
6 | (c-1) The Department shall document criminal background | ||||||
7 | check results pursuant
to
the requirements of the Health Care | ||||||
8 | Worker Background Check Act.
| ||||||
9 | (d) At any time after the designation on
the
registry | ||||||
10 | pursuant to subsection (a), (b), or (c) of this Section, a | ||||||
11 | nursing
assistant,
habilitation aide, home health aide, | ||||||
12 | psychiatric services rehabilitation aide, or child care aide | ||||||
13 | may petition the
Department for
removal of a designation of | ||||||
14 | neglect on the registry. The Department
may
remove the | ||||||
15 | designation of neglect of the nursing assistant,
habilitation | ||||||
16 | aide, home health aide, psychiatric services rehabilitation | ||||||
17 | aide, or
child care aide on the registry unless, after an | ||||||
18 | investigation
and a
hearing, the Department determines that | ||||||
19 | removal of designation is not in the public interest.
| ||||||
20 | (Source: P.A. 91-598, eff. 1-1-00.)
| ||||||
21 | (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
| ||||||
22 | Sec. 3-212. Inspection.
| ||||||
23 | (a) The Department, whenever it deems necessary in
| ||||||
24 | accordance with subsection (b), shall inspect, survey and | ||||||
25 | evaluate every
facility to determine compliance with |
| |||||||
| |||||||
1 | applicable licensure requirements and
standards. Submission of | ||||||
2 | a facility's current Consumer Choice Information Report | ||||||
3 | required by Section 2-214 shall be verified at time of | ||||||
4 | inspection. An inspection should occur within 120 days prior
to | ||||||
5 | license renewal. The Department may periodically visit a | ||||||
6 | facility for the
purpose of consultation. An inspection, | ||||||
7 | survey, or evaluation, other than
an inspection of financial | ||||||
8 | records, shall be conducted without prior notice
to the | ||||||
9 | facility. A visit for the sole purpose of consultation may be
| ||||||
10 | announced.
The Department shall provide training to surveyors | ||||||
11 | about the appropriate
assessment, care planning, and care of | ||||||
12 | persons with mental illness (other than
Alzheimer's disease or | ||||||
13 | related disorders) to enable its surveyors to
determine whether | ||||||
14 | a facility is complying with State and federal requirements
| ||||||
15 | about the assessment, care planning, and care of those persons.
| ||||||
16 | (a-1) An employee of a State or unit of local government | ||||||
17 | agency
charged with inspecting, surveying, and evaluating | ||||||
18 | facilities who directly
or indirectly gives prior notice of an | ||||||
19 | inspection, survey, or evaluation,
other than an inspection of | ||||||
20 | financial records, to a facility or to an
employee of a | ||||||
21 | facility is guilty of a Class A misdemeanor.
| ||||||
22 | An inspector or an employee of the Department who | ||||||
23 | intentionally prenotifies
a facility,
orally or in writing, of | ||||||
24 | a pending complaint investigation or inspection shall
be guilty | ||||||
25 | of a Class A misdemeanor.
Superiors of persons who have | ||||||
26 | prenotified a facility shall be subject to the
same penalties, |
| |||||||
| |||||||
1 | if they have knowingly allowed the prenotification. A person
| ||||||
2 | found guilty of prenotifying a facility shall be subject to | ||||||
3 | disciplinary action
by his or her employer.
| ||||||
4 | If the Department has a good faith belief, based upon | ||||||
5 | information that comes
to its attention, that a violation of | ||||||
6 | this subsection has occurred, it must
file a complaint with the | ||||||
7 | Attorney General or the State's Attorney in the
county where | ||||||
8 | the violation
took place within 30 days after discovery of the | ||||||
9 | information.
| ||||||
10 | (a-2) An employee of a State or unit of local government | ||||||
11 | agency charged with
inspecting, surveying, or evaluating | ||||||
12 | facilities who willfully profits from
violating the | ||||||
13 | confidentiality of the inspection, survey, or evaluation
| ||||||
14 | process shall be guilty of a Class 4 felony and that conduct | ||||||
15 | shall be deemed
unprofessional conduct that may subject a | ||||||
16 | person to loss of his or her
professional license. An action to | ||||||
17 | prosecute a person for violating this
subsection (a-2) may be | ||||||
18 | brought by either the Attorney General or the State's
Attorney | ||||||
19 | in the county where the violation took place.
| ||||||
20 | (b) In determining whether to make more than the required | ||||||
21 | number of
unannounced inspections, surveys and evaluations of a | ||||||
22 | facility the
Department shall consider one or more of the | ||||||
23 | following: previous inspection
reports; the facility's history | ||||||
24 | of compliance with standards, rules and
regulations | ||||||
25 | promulgated under this Act and correction of violations,
| ||||||
26 | penalties or other enforcement actions; the number and severity |
| |||||||
| |||||||
1 | of
complaints received about the facility; any allegations of | ||||||
2 | resident abuse
or neglect; weather conditions; health | ||||||
3 | emergencies; other reasonable belief
that deficiencies exist.
| ||||||
4 | (b-1) The Department shall not be required to determine | ||||||
5 | whether a
facility certified to participate in the Medicare | ||||||
6 | program under Title XVIII of
the Social Security Act, or the | ||||||
7 | Medicaid program under Title XIX of the Social
Security Act, | ||||||
8 | and which the Department determines by inspection under this
| ||||||
9 | Section or under Section 3-702 of this Act to be in compliance | ||||||
10 | with the
certification requirements of Title XVIII or XIX, is | ||||||
11 | in compliance with any
requirement of this Act that is less | ||||||
12 | stringent than or duplicates a federal
certification | ||||||
13 | requirement. In accordance with subsection (a) of this Section
| ||||||
14 | or subsection (d) of Section 3-702, the Department shall | ||||||
15 | determine whether a
certified facility is in
compliance with | ||||||
16 | requirements of this Act that exceed federal certification
| ||||||
17 | requirements. If a certified facility is found to be out of | ||||||
18 | compliance with
federal certification requirements, the | ||||||
19 | results of an inspection conducted
pursuant to Title XVIII or | ||||||
20 | XIX of the Social Security Act may be used as the
basis for | ||||||
21 | enforcement remedies authorized and commenced , with the | ||||||
22 | Department's discretion to evaluate whether penalties are | ||||||
23 | warranted, under this Act.
Enforcement of this Act against a | ||||||
24 | certified facility shall be commenced
pursuant to the | ||||||
25 | requirements of this Act, unless enforcement remedies sought
| ||||||
26 | pursuant to Title XVIII or XIX of the Social Security Act |
| |||||||
| |||||||
1 | exceed those
authorized by this Act. As used in this | ||||||
2 | subsection, "enforcement remedy"
means a sanction for | ||||||
3 | violating a federal certification requirement or this
Act.
| ||||||
4 | (c) Upon completion of each inspection, survey and | ||||||
5 | evaluation, the
appropriate Department personnel who conducted | ||||||
6 | the inspection, survey or
evaluation shall submit a copy of | ||||||
7 | their report to the licensee upon exiting
the facility, and | ||||||
8 | shall submit the actual report to the appropriate
regional | ||||||
9 | office of the Department. Such report and any recommendations | ||||||
10 | for
action by the Department under this Act shall be | ||||||
11 | transmitted to the
appropriate offices of the associate | ||||||
12 | director of the Department, together
with related comments or | ||||||
13 | documentation provided by the licensee which may
refute | ||||||
14 | findings in the report, which explain extenuating | ||||||
15 | circumstances that
the facility could not reasonably have | ||||||
16 | prevented, or which indicate methods
and timetables for | ||||||
17 | correction of deficiencies described in the report.
Without | ||||||
18 | affecting the application of subsection (a) of Section 3-303, | ||||||
19 | any
documentation or comments of the licensee shall be provided | ||||||
20 | within 10
days of receipt of the copy of the report. Such | ||||||
21 | report shall recommend to
the Director appropriate action under | ||||||
22 | this Act with respect to findings
against a facility. The | ||||||
23 | Director shall then determine whether the report's
findings | ||||||
24 | constitute a violation or violations of which the facility must | ||||||
25 | be
given notice. Such determination shall be based upon the | ||||||
26 | severity of the
finding, the danger posed to resident health |
| |||||||
| |||||||
1 | and safety, the comments and
documentation provided by the | ||||||
2 | facility, the diligence and efforts to
correct deficiencies, | ||||||
3 | correction of the reported deficiencies, the
frequency and | ||||||
4 | duration of similar findings in previous reports and the
| ||||||
5 | facility's general inspection history. Violations shall be | ||||||
6 | determined
under this subsection no later than 90 60 days after | ||||||
7 | completion of each
inspection, survey and evaluation.
| ||||||
8 | (d) The Department shall maintain all inspection, survey | ||||||
9 | and evaluation
reports for at least 5 years in a manner | ||||||
10 | accessible to and understandable
by the public.
| ||||||
11 | (e) Revisit surveys. The Department shall conduct a revisit | ||||||
12 | to its licensure and certification surveys, consistent with | ||||||
13 | federal regulations and guidelines. | ||||||
14 | (Source: P.A. 95-823, eff. 1-1-09.)
| ||||||
15 | (210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)
| ||||||
16 | Sec. 3-303.
(a) The situation, condition or practice | ||||||
17 | constituting a Type "AA" violation or a Type
"A" violation | ||||||
18 | shall be abated or eliminated immediately unless a fixed period
| ||||||
19 | of time, not exceeding 15 days, as determined by the Department | ||||||
20 | and specified
in the notice of violation, is required for | ||||||
21 | correction.
| ||||||
22 | (b) At the time of issuance of a notice of a Type "B" | ||||||
23 | violation,
the Department shall request a plan of correction | ||||||
24 | which is subject to the
Department's approval. The facility | ||||||
25 | shall have 10 days after receipt of
notice of violation in |
| |||||||
| |||||||
1 | which to prepare and submit a plan of correction.
The | ||||||
2 | Department may extend this period up to 30 days where | ||||||
3 | correction involves
substantial capital improvement. The plan | ||||||
4 | shall include a fixed time period
not in excess of 90 days | ||||||
5 | within which violations are to be corrected. If
the Department | ||||||
6 | rejects a plan of correction, it shall send notice of the
| ||||||
7 | rejection and the reason for the rejection to the facility. The | ||||||
8 | facility
shall have 10 days after receipt of the notice of | ||||||
9 | rejection in which to
submit a modified plan. If the modified | ||||||
10 | plan is not timely submitted, or
if the modified plan is | ||||||
11 | rejected, the facility shall follow an approved
plan of | ||||||
12 | correction imposed by the Department.
| ||||||
13 | (c) If the violation has been corrected prior to submission | ||||||
14 | and approval
of a plan of correction, the facility may submit a | ||||||
15 | report of correction
in place of a plan of correction. Such | ||||||
16 | report shall be signed by the
administrator under oath.
| ||||||
17 | (d) Upon a licensee's petition, the Department shall | ||||||
18 | determine whether
to grant a licensee's request for an extended | ||||||
19 | correction time. Such petition
shall be served on the | ||||||
20 | Department prior to expiration of the correction
time | ||||||
21 | originally approved. The burden of proof is on the petitioning | ||||||
22 | facility
to show good cause for not being able to comply with | ||||||
23 | the original correction
time approved.
| ||||||
24 | (e) If a facility desires to contest any Department action | ||||||
25 | under this
Section it shall send a written request for a | ||||||
26 | hearing under Section 3-703
to the Department within 10 days of |
| |||||||
| |||||||
1 | receipt of notice of the contested action.
The Department shall | ||||||
2 | commence the hearing as provided under Section 3-703.
Whenever | ||||||
3 | possible, all action of the Department under this Section | ||||||
4 | arising
out of a violation shall be contested and determined at | ||||||
5 | a single hearing.
Issues decided after a hearing may not be | ||||||
6 | reheard at subsequent hearings
under this Section.
| ||||||
7 | (Source: P.A. 85-1378.)
| ||||||
8 | (210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2)
| ||||||
9 | Sec. 3-303.2.
(a) If the Department finds a situation, | ||||||
10 | condition or
practice which violates this Act or any rule | ||||||
11 | promulgated thereunder which
does not constitute a Type "AA", | ||||||
12 | Type "A", Type "B", or Type "C" violation directly threaten the | ||||||
13 | health, safety or welfare of a resident , the
Department shall | ||||||
14 | issue an administrative warning. Any administrative
warning | ||||||
15 | shall be served upon the facility in the same manner as the | ||||||
16 | notice
of violation under Section 3-301. The facility shall be | ||||||
17 | responsible for
correcting the situation, condition or | ||||||
18 | practice; however, no written plan
of correction need be | ||||||
19 | submitted for an administrative warning, except for
violations | ||||||
20 | of Sections 3-401 through 3-413 or the rules promulgated
| ||||||
21 | thereunder. A written plan of correction is required to be | ||||||
22 | filed for an
administrative warning issued for violations of | ||||||
23 | Sections 3-401 through
3-413 or the rules promulgated | ||||||
24 | thereunder.
| ||||||
25 | (b) If, however, the situation, condition or practice which |
| |||||||
| |||||||
1 | resulted in
the issuance of an administrative warning, with the | ||||||
2 | exception of
administrative warnings issued pursuant to | ||||||
3 | Sections 3-401 through 3-413 or
the rules promulgated | ||||||
4 | thereunder, is not corrected by the next
on-site inspection by | ||||||
5 | the Department which occurs no earlier than 90 days
from the | ||||||
6 | issuance of the administrative warning, a written plan of
| ||||||
7 | correction must be submitted in the same manner as provided in | ||||||
8 | subsection
(b) of Section 3-303.
| ||||||
9 | (Source: P.A. 87-549.)
| ||||||
10 | (210 ILCS 45/3-304.1) | ||||||
11 | Sec. 3-304.1. Public computer access to information. | ||||||
12 | (a) The Department must make information regarding nursing | ||||||
13 | homes in the
State
available to the public in electronic form | ||||||
14 | on the World Wide Web, including all
of the
following | ||||||
15 | information: | ||||||
16 | (1) who regulates nursing homes; | ||||||
17 | (2) information in the possession of the Department | ||||||
18 | that is listed in
Sections 3-210 and 3-304; | ||||||
19 | (3) deficiencies and plans of correction; | ||||||
20 | (4) enforcement remedies; | ||||||
21 | (5) penalty letters; | ||||||
22 | (6) designation of penalty monies; | ||||||
23 | (7) the U.S. Department of Health and Human Services' | ||||||
24 | Health Care
Financing Administration special projects or | ||||||
25 | federally required inspections; |
| |||||||
| |||||||
1 | (8) advisory standards; | ||||||
2 | (9) deficiency-free surveys; and | ||||||
3 | (10) enforcement actions and enforcement summaries ; | ||||||
4 | and . | ||||||
5 | (11) distressed facilities. | ||||||
6 | (b) No fee or other charge may be imposed by the Department | ||||||
7 | as a condition
of accessing the information. | ||||||
8 | (c) The electronic public access provided through the World | ||||||
9 | Wide Web shall
be
in addition to any other electronic or print | ||||||
10 | distribution of the information. | ||||||
11 | (d) The information shall be made available as provided in | ||||||
12 | this Section in
the
shortest practicable time after it is | ||||||
13 | publicly available in any other form. | ||||||
14 | (Source: P.A. 91-290, eff. 1-1-00.) | ||||||
15 | (210 ILCS 45/3-304.2 new) | ||||||
16 | Sec. 3-304.2. Designation of distressed facilities. | ||||||
17 | (a) By May 1, 2011, and quarterly thereafter, the | ||||||
18 | Department shall generate and publish quarterly a
list of | ||||||
19 | distressed facilities. Criteria for inclusion of certified | ||||||
20 | facilities on the list shall be those used by the U.S. General | ||||||
21 | Accounting Office in report 9-689, until such time as the | ||||||
22 | Department by rule modifies the criteria. | ||||||
23 | (b) In deciding whether and how to modify the criteria used | ||||||
24 | by the General Accounting Office, the Department shall complete | ||||||
25 | a test run of any substitute criteria to determine their |
| |||||||
| |||||||
1 | reliability by comparing the number of facilities identified as | ||||||
2 | distressed against the number of distressed facilities | ||||||
3 | generated using the criteria contained in the General | ||||||
4 | Accounting Office report. The Department may not adopt | ||||||
5 | substitute criteria that generate fewer facilities with a | ||||||
6 | distressed designation than are produced by the General | ||||||
7 | Accounting Office criteria during the test run. | ||||||
8 | (c) The Department shall, by rule, adopt criteria to | ||||||
9 | identify non-Medicaid-certified facilities that are distressed | ||||||
10 | and shall publish this list quarterly beginning October 1, | ||||||
11 | 2011. | ||||||
12 | (d) The Department shall notify each facility of its | ||||||
13 | distressed designation, and of the calculation on
which it is | ||||||
14 | based. | ||||||
15 | (e) A distressed facility may contract with an independent | ||||||
16 | consultant meeting criteria established by
the Department. If | ||||||
17 | the distressed facility does not seek the assistance of an | ||||||
18 | independent
consultant, the Department shall place a monitor or | ||||||
19 | a temporary manager in the facility, depending
on the | ||||||
20 | Department's assessment of the condition of the facility. | ||||||
21 | (f) Independent consultant. A facility that has been | ||||||
22 | designated a distressed facility may
contract with an | ||||||
23 | independent consultant to develop and assist in the
| ||||||
24 | implementation of a plan of improvement to bring and keep
the | ||||||
25 | facility in compliance with this Act and, if applicable, with | ||||||
26 | federal certification
requirements. A facility that contracts |
| |||||||
| |||||||
1 | with an independent consultant
shall have 90 days to develop a | ||||||
2 | plan of improvement and demonstrate a
good faith effort at | ||||||
3 | implementation, and another 90 days to achieve compliance
and | ||||||
4 | take whatever additional actions are called for in the | ||||||
5 | improvement plan
to maintain compliance. A facility that the | ||||||
6 | Department determines has a plan
of improvement likely to bring | ||||||
7 | and keep the facility in compliance
and that has demonstrated | ||||||
8 | good faith efforts at implementation
within the first 90 days | ||||||
9 | may be eligible to receive a grant under the Equity
in | ||||||
10 | Long-term Care Quality Act, to assist it in achieving and | ||||||
11 | maintaining compliance.
In this subsection, "independent" | ||||||
12 | consultant means an individual who has no professional or
| ||||||
13 | financial relationship with the facility, any person with a | ||||||
14 | reportable ownership
interest in the facility, or any related | ||||||
15 | parties. In this subsection, "related parties" has the
meaning | ||||||
16 | attributed to it in the instructions for completing Medicaid | ||||||
17 | cost reports. | ||||||
18 | (f) Monitor and temporary managers. A distressed facility | ||||||
19 | that does not contract with a consultant shall be assigned a | ||||||
20 | monitor or a temporary manager at the Department's discretion. | ||||||
21 | The cost of the temporary manager shall be paid by the | ||||||
22 | facility. The temporary manager shall have the authority | ||||||
23 | determined by the Department, which may grant the temporary | ||||||
24 | manager any or all of the authority a court may grant a | ||||||
25 | receiver. The temporary manager may apply to the Equity in | ||||||
26 | Long-term Care Quality Fund for grant funds to implement the |
| |||||||
| |||||||
1 | plan of improvement. | ||||||
2 | (g) The Department shall by rule establish a mentor program | ||||||
3 | for owners of distressed facilities. | ||||||
4 | (h) The Department shall by rule establish sanctions (in | ||||||
5 | addition to those authorized elsewhere in this Article) against | ||||||
6 | distressed facilities that are not in compliance with this Act | ||||||
7 | and (if applicable) with federal certification requirements. | ||||||
8 | Criteria for imposing sanctions shall take into account a | ||||||
9 | facility's actions to address the violations and deficiencies | ||||||
10 | that caused its designation as a distressed facility, and its | ||||||
11 | compliance with this Act and with federal certification | ||||||
12 | requirements (if applicable), subsequent to its designation as | ||||||
13 | a distressed facility, including mandatory revocations if | ||||||
14 | criteria can be agreed upon by the Department, resident | ||||||
15 | advocates, and representatives of the nursing home profession. | ||||||
16 | By February 1, 2011, the Department shall report to the General | ||||||
17 | Assembly on the results of negotiations about creating criteria | ||||||
18 | for mandatory license revocations of distressed facilities and | ||||||
19 | make recommendations about any statutory changes it believes | ||||||
20 | are appropriate to protect the health, safety, and welfare of | ||||||
21 | nursing home residents. | ||||||
22 | (i) The Department may establish by rule criteria for | ||||||
23 | restricting the owner of a facility on the distressed list from | ||||||
24 | acquiring additional skilled nursing facilities.
| ||||||
25 | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
|
| |||||||
| |||||||
1 | Sec. 3-305.
The license of a facility which is in violation | ||||||
2 | of this Act
or any rule adopted thereunder may be subject to | ||||||
3 | the penalties or fines
levied by the Department as specified in | ||||||
4 | this Section.
| ||||||
5 | (1) A Unless a greater penalty or fine is allowed under | ||||||
6 | subsection
(3), a licensee who commits a Type "AA" "A" | ||||||
7 | violation as defined in Section 1-128.5
1-129 is automatically | ||||||
8 | issued a conditional license for a period of 6 months
to | ||||||
9 | coincide with an acceptable plan of correction and assessed a | ||||||
10 | fine up to $25,000 per violation
computed at a rate of $5.00 | ||||||
11 | per resident in the facility plus 20 cents per
resident for | ||||||
12 | each day of the violation, commencing on the date a notice of
| ||||||
13 | the violation is served under Section 3-301 and ending on the | ||||||
14 | date the
violation is corrected, or a fine of not less than | ||||||
15 | $5,000, or when death,
serious mental or physical harm, | ||||||
16 | permanent disability, or disfigurement
results, a fine of not | ||||||
17 | less than $10,000, whichever is greater .
| ||||||
18 | (1.5) A licensee who commits a Type "A" violation as | ||||||
19 | defined in Section 1-129 is automatically issued a conditional | ||||||
20 | license for a period of 6 months to coincide with an acceptable | ||||||
21 | plan of correction and assessed a fine of up to $12,500 per | ||||||
22 | violation. | ||||||
23 | (2) A licensee who commits a Type "B" violation as defined | ||||||
24 | in Section 1-130 shall be assessed a fine of up to $1,100 per | ||||||
25 | violation or who is issued an
administrative warning for a | ||||||
26 | violation of Sections 3-401 through 3-413 or
the rules |
| |||||||
| |||||||
1 | promulgated thereunder is subject to a penalty
computed at a | ||||||
2 | rate of $3 per resident in the facility, plus 15 cents per
| ||||||
3 | resident for each day of the violation, commencing on the date | ||||||
4 | a notice
of the violation is served under Section 3-301 and | ||||||
5 | ending on the date the
violation is corrected, or a fine not | ||||||
6 | less than $500, whichever is greater.
Such fine shall be | ||||||
7 | assessed on the date of notice of the violation and shall
be | ||||||
8 | suspended for violations that continue after such date upon | ||||||
9 | completion
of a plan of correction in accordance with Section | ||||||
10 | 3-308 in relation to
the assessment of fines and correction. | ||||||
11 | Failure to correct such violation
within the time period | ||||||
12 | approved under a plan of correction shall result in
a fine and | ||||||
13 | conditional license as provided under subsection (5) .
| ||||||
14 | (2.5) A licensee who commits 10 or more Type "C" | ||||||
15 | violations, as defined in Section 1-132, in a single survey | ||||||
16 | shall be assessed a fine of up to $250 per violation. A | ||||||
17 | licensee who commits a one or more Type "C" violations with a | ||||||
18 | high risk designation, as defined by rule, shall be assessed a | ||||||
19 | fine of up to $500 per violation. | ||||||
20 | (3) A licensee who commits a Type "AA" or Type "A" | ||||||
21 | violation as defined in Section 1-128.5 or
1-129 which | ||||||
22 | continues beyond the time specified in paragraph (a) of Section
| ||||||
23 | 3-303 which is cited as a repeat violation shall have its | ||||||
24 | license revoked
and shall be assessed a fine of 3 times the | ||||||
25 | fine computed per resident per
day under subsection (1).
| ||||||
26 | (4) A licensee who fails to satisfactorily comply with an |
| |||||||
| |||||||
1 | accepted
plan of correction for a Type "B" violation or an | ||||||
2 | administrative warning
issued pursuant to Sections 3-401 | ||||||
3 | through 3-413 or the rules promulgated
thereunder shall be | ||||||
4 | automatically issued a conditional license for a period
of not | ||||||
5 | less than 6 months. A second or subsequent acceptable plan of
| ||||||
6 | correction shall be filed. A fine shall be assessed in | ||||||
7 | accordance with
subsection (2) when cited for the repeat | ||||||
8 | violation. This fine shall be
computed for all days of the | ||||||
9 | violation, including the duration of the first
plan of | ||||||
10 | correction compliance time.
| ||||||
11 | (5) For the purpose of computing a penalty under | ||||||
12 | subsections (2) through
(4), the number of residents per day | ||||||
13 | shall be based on the average number
of residents in the | ||||||
14 | facility during the 30 days preceding the discovery
of the | ||||||
15 | violation.
| ||||||
16 | (6) When the Department finds that a provision of Article | ||||||
17 | II has been
violated with regard to a particular resident, the | ||||||
18 | Department shall issue
an order requiring the facility to | ||||||
19 | reimburse the resident for injuries
incurred, or $100, | ||||||
20 | whichever is greater. In the case of a violation
involving any | ||||||
21 | action other than theft of money belonging to a resident,
| ||||||
22 | reimbursement shall be ordered only if a provision of Article | ||||||
23 | II has been
violated with regard to that or any other resident | ||||||
24 | of the facility within
the 2 years immediately preceding the | ||||||
25 | violation in question.
| ||||||
26 | (7) For purposes of assessing fines under this Section, a |
| |||||||
| |||||||
1 | repeat
violation shall be a violation which has been cited | ||||||
2 | during one inspection
of the facility for which an accepted | ||||||
3 | plan of correction was not complied
with or . A repeat violation | ||||||
4 | shall not be a new citation of the same rule if ,
unless the | ||||||
5 | licensee is not substantially addressing the issue routinely
| ||||||
6 | throughout the facility.
| ||||||
7 | (7.5) If an occurrence results in more than one type of | ||||||
8 | violation as defined in this Act (that is, a Type "AA", Type | ||||||
9 | "A", Type "B", or Type "C" violation), the maximum fine that | ||||||
10 | may be assessed for that occurrence is the maximum fine that | ||||||
11 | may be assessed for the most serious type of violation charged. | ||||||
12 | For purposes of the preceding sentence, a Type "AA" violation | ||||||
13 | is the most serious type of violation that may be charged, | ||||||
14 | followed by a Type "A", Type "B", or Type "C" violation, in | ||||||
15 | that order. | ||||||
16 | (8) The minimum and maximum fines that may be assessed | ||||||
17 | pursuant to this Section shall be twice those otherwise | ||||||
18 | specified for any facility that willfully makes a misstatement | ||||||
19 | of fact to the Department, or willfully fails to make a | ||||||
20 | required notification to the Department, if that misstatement | ||||||
21 | or failure delays the start of a surveyor or impedes a survey. | ||||||
22 | (9) High risk designation. If the Department finds that a | ||||||
23 | facility has violated a provision of the Illinois | ||||||
24 | Administrative Code that has a high risk designation, or that a | ||||||
25 | facility has violated the same provision of the Illinois | ||||||
26 | Administrative Code 3 or more times in the previous 12 months, |
| |||||||
| |||||||
1 | the Department may assess a fine of up to 2 times the maximum | ||||||
2 | fine otherwise allowed. | ||||||
3 | (10) If a licensee has paid a civil monetary penalty | ||||||
4 | imposed pursuant to the Medicare and Medicaid Certification | ||||||
5 | Program for the equivalent federal violation giving rise to a | ||||||
6 | fine under this Section, the Department shall offset the fine | ||||||
7 | by the amount of the civil monetary penalty. The offset may not | ||||||
8 | reduce the fine by more than 75% of the original fine, however. | ||||||
9 | (Source: P.A. 86-407; 87-549; 87-1056.)
| ||||||
10 | (210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
| ||||||
11 | Sec. 3-306.
In determining whether a penalty is to be | ||||||
12 | imposed and in determining fixing
the amount of the penalty to | ||||||
13 | be imposed, if any, for a violation,
the Director shall | ||||||
14 | consider the following factors:
| ||||||
15 | (1) The gravity of the violation, including the probability | ||||||
16 | that death
or serious physical or mental harm to a resident | ||||||
17 | will result or has resulted;
the severity of the actual or | ||||||
18 | potential harm, and the extent to which the
provisions of the | ||||||
19 | applicable statutes or regulations were violated;
| ||||||
20 | (2) The reasonable diligence exercised by the licensee and | ||||||
21 | efforts to
correct violations.
| ||||||
22 | (3) Any previous violations committed by the licensee; and
| ||||||
23 | (4) The financial benefit to the facility of committing or | ||||||
24 | continuing the violation.
| ||||||
25 | (Source: P.A. 81-223.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309)
| ||||||
2 | Sec. 3-309.
A facility may contest an assessment of a | ||||||
3 | penalty by sending
a written request to the Department for | ||||||
4 | hearing under Section 3-703. Upon
receipt of the request the | ||||||
5 | Department shall hold a hearing as provided under
Section | ||||||
6 | 3-703. Instead of requesting a hearing pursuant to Section | ||||||
7 | 3-703, a facility may, within 10 business days after receipt of | ||||||
8 | the notice of violation and fine assessment, transmit to the | ||||||
9 | Department (i) 65% of the amount assessed for each violation | ||||||
10 | specified in the penalty assessment or (ii) in the case of a | ||||||
11 | fine subject to offset under paragraph (10) of Section 3-305, | ||||||
12 | up to 75% of the amount assessed.
| ||||||
13 | (Source: P.A. 81-223.)
| ||||||
14 | (210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
| ||||||
15 | Sec. 3-310.
All penalties shall be paid to the Department | ||||||
16 | within 10 days
of receipt of notice of assessment or, if the | ||||||
17 | penalty is contested under
Section 3-309, within 10 days of | ||||||
18 | receipt of the final decision, unless the
decision is appealed | ||||||
19 | and the order is stayed by court order under Section
3-713. A | ||||||
20 | facility choosing to waive the right to a hearing under Section | ||||||
21 | 3-309 shall submit a payment totaling 65% of the original fine | ||||||
22 | amount along with the written waiver. A penalty assessed under | ||||||
23 | this Act shall be collected by the
Department and shall be | ||||||
24 | deposited with the State Treasurer into the Long
Term Care |
| |||||||
| |||||||
1 | Monitor/Receiver Fund. If the person or facility against whom a
| ||||||
2 | penalty has been assessed does not comply with a written demand | ||||||
3 | for payment
within 30 days, the Director shall issue an order | ||||||
4 | to do any of the following:
| ||||||
5 | (1) Direct the State Treasurer or Comptroller to deduct | ||||||
6 | the amount of the fine from
amounts otherwise due from the | ||||||
7 | State for the penalty , including any payments to be made | ||||||
8 | from the Medicaid Long Term Care Provider Participation Fee | ||||||
9 | Trust Fund established under Section 5-4.31 of the Illinois | ||||||
10 | Public Aid Code, and remit that amount
to the Department;
| ||||||
11 | (2) Add the amount of the penalty to the facility's | ||||||
12 | licensing fee; if
the licensee refuses to make the payment | ||||||
13 | at the time of application for
renewal of its license, the | ||||||
14 | license shall not be renewed; or
| ||||||
15 | (3) Bring an action in circuit court to recover the | ||||||
16 | amount of the penalty.
| ||||||
17 | With the approval of the federal centers for Medicaid and | ||||||
18 | Medicare
services,
the Director of Public Health shall set | ||||||
19 | aside 50% of the federal civil monetary
penalties collected | ||||||
20 | each year to be used to
award
grants under the Equity | ||||||
21 | Innovations in Long-term Care Quality Grants
Act.
| ||||||
22 | (Source: P.A. 92-784, eff. 8-6-02.)
| ||||||
23 | (210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)
| ||||||
24 | Sec. 3-318. (a) No person shall:
| ||||||
25 | (1) Intentionally fail to correct or interfere with the |
| |||||||
| |||||||
1 | correction of
a Type "AA", Type "A" , or Type "B" violation | ||||||
2 | within the time specified on the notice or
approved plan of | ||||||
3 | correction under this Act as the maximum period given for
| ||||||
4 | correction, unless an extension is granted and the corrections | ||||||
5 | are made
before expiration of extension;
| ||||||
6 | (2) Intentionally prevent, interfere with, or attempt to | ||||||
7 | impede in any
way any duly authorized investigation and | ||||||
8 | enforcement of this Act;
| ||||||
9 | (3) Intentionally prevent or attempt to prevent any | ||||||
10 | examination of
any relevant books or records pertinent to | ||||||
11 | investigations
and enforcement of this Act;
| ||||||
12 | (4) Intentionally prevent or interfere with the | ||||||
13 | preservation of
evidence pertaining to any violation of this | ||||||
14 | Act or the rules
promulgated under this Act;
| ||||||
15 | (5) Intentionally retaliate or discriminate against any | ||||||
16 | resident or
employee for contacting or providing information to | ||||||
17 | any state official, or
for initiating, participating in, or | ||||||
18 | testifying in an action for any remedy
authorized under this | ||||||
19 | Act;
| ||||||
20 | (6) Wilfully file any false, incomplete or intentionally | ||||||
21 | misleading
information required to be filed under this Act, or | ||||||
22 | wilfully fail or refuse
to file any required information; or
| ||||||
23 | (7) Open or operate a facility without a license.
| ||||||
24 | (b) A violation of this Section is a business offense, | ||||||
25 | punishable by a
fine not to exceed $10,000, except as otherwise | ||||||
26 | provided in subsection (2)
of Section 3-103 as to submission of |
| |||||||
| |||||||
1 | false or misleading information in
a license application.
| ||||||
2 | (c) The State's Attorney of the county in which the | ||||||
3 | facility is
located, or the Attorney General, shall be notified | ||||||
4 | by the Director
of any violations of this Section.
| ||||||
5 | (Source: P.A. 83-1530.)
| ||||||
6 | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | ||||||
7 | Sec. 3-402. Involuntary transfer or discharge of a resident | ||||||
8 | from a facility
shall be preceded by the discussion required | ||||||
9 | under Section 3-408 and by
a minimum written notice
of 21 days, | ||||||
10 | except in one of the following instances: | ||||||
11 | (a) When when an emergency transfer or discharge is ordered
| ||||||
12 | by the resident's attending physician because of the resident's | ||||||
13 | health
care needs . ; or | ||||||
14 | (b) When when the transfer or discharge is mandated by the | ||||||
15 | physical safety of
other residents, the facility staff, or | ||||||
16 | facility visitors, as
documented in the clinical record.
The | ||||||
17 | Department shall be notified prior to any such involuntary | ||||||
18 | transfer
or discharge. The Department shall immediately offer | ||||||
19 | transfer, or discharge
and relocation assistance to residents | ||||||
20 | transferred or discharged under this
subparagraph (b), and the | ||||||
21 | Department may place relocation teams as
provided in Section | ||||||
22 | 3-419 of this Act. | ||||||
23 | (c) When an identified offender is within the provisional | ||||||
24 | admission period defined in Section 1-120.3. If the Identified | ||||||
25 | Offender Report and Recommendation prepared under Section |
| |||||||
| |||||||
1 | 2-201.6 shows that the identified offender poses a serious | ||||||
2 | threat or danger to the physical safety of other residents, the | ||||||
3 | facility staff, or facility visitors in the admitting facility | ||||||
4 | and the facility determines that it is unable to provide a safe | ||||||
5 | environment for the other residents, the facility staff, or | ||||||
6 | facility visitors, the facility shall transfer or discharge the | ||||||
7 | identified offender within 3 days after its receipt of the | ||||||
8 | Identified Offender Report and Recommendation. | ||||||
9 | (Source: P.A. 84-1322.) | ||||||
10 | (210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) | ||||||
11 | Sec. 3-501. The Department may place an employee or agent | ||||||
12 | to serve as a
monitor in a facility or may petition the circuit | ||||||
13 | court for appointment of a
receiver for a facility, or both, | ||||||
14 | when any of the following conditions exist: | ||||||
15 | (a) The facility is operating without a license; | ||||||
16 | (b) The Department has suspended, revoked or refused to | ||||||
17 | renew the existing
license of the facility; | ||||||
18 | (c) The facility is closing or has informed the | ||||||
19 | Department that it intends
to close and adequate | ||||||
20 | arrangements for relocation of residents have not
been made | ||||||
21 | at least 30 days prior to closure; | ||||||
22 | (d) The Department determines that an emergency | ||||||
23 | exists, whether or not
it has initiated revocation or | ||||||
24 | nonrenewal procedures, if because of the
unwillingness or | ||||||
25 | inability of the licensee to remedy the emergency the
|
| |||||||
| |||||||
1 | Department believes a monitor or receiver is necessary; or | ||||||
2 | (e) The Department is notified that the facility is
| ||||||
3 | terminated or will not be renewed for participation in the | ||||||
4 | federal
reimbursement program under either Title
XVIII or | ||||||
5 | Title XIX of the Social Security Act ; or . | ||||||
6 | (f) The facility has been designated a distressed | ||||||
7 | facility by the Department and does not have a consultant | ||||||
8 | employed pursuant to subsection (f) of Section 3-304.2 and | ||||||
9 | an acceptable plan of improvement, or the Department has | ||||||
10 | reason to believe the facility is not complying with the | ||||||
11 | plan of improvement. Nothing in this paragraph (f) shall | ||||||
12 | preclude the Department from placing a monitor in a | ||||||
13 | facility if otherwise justified by law. | ||||||
14 | As used in subsection (d) and Section 3-503, "emergency" | ||||||
15 | means a threat
to the health, safety or welfare of a resident | ||||||
16 | that the facility is
unwilling or unable to correct. | ||||||
17 | (Source: P.A. 87-549.) | ||||||
18 | (210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504) | ||||||
19 | Sec. 3-504. The court shall hold a hearing within 5 days of | ||||||
20 | the filing
of the petition. The petition and notice of the | ||||||
21 | hearing shall be served
on the owner, administrator or | ||||||
22 | designated agent of the facility as provided
under the Civil | ||||||
23 | Practice Law, or the petition and notice of
hearing shall be | ||||||
24 | posted in a conspicuous place in the facility not later
than 3 | ||||||
25 | days before the time specified for the hearing, unless a |
| |||||||
| |||||||
1 | different
period is fixed by order of the court. The court | ||||||
2 | shall appoint a receiver
for a limited time period, not to | ||||||
3 | exceed 180 days, if it finds that: | ||||||
4 | (a) The facility is operating without a license; | ||||||
5 | (b) The Department has suspended, revoked or refused to | ||||||
6 | renew the existing
license of a facility; | ||||||
7 | (c) The facility is closing or has informed the Department | ||||||
8 | that it intends
to close and adequate arrangements
for | ||||||
9 | relocation of residents have not been made at least 30 days | ||||||
10 | prior to closure; or | ||||||
11 | (d) An emergency exists, whether or not the Department has | ||||||
12 | initiated revocation
or nonrenewal procedures, if because of | ||||||
13 | the unwillingness or inability of
the licensee to remedy the | ||||||
14 | emergency the appointment of a receiver is necessary. | ||||||
15 | (Source: P.A. 82-783.) | ||||||
16 | (210 ILCS 45/3-808 new) | ||||||
17 | Sec. 3-808. Protocol for sexual assault victims; nursing | ||||||
18 | home. The Department shall develop a protocol for the care and | ||||||
19 | treatment of residents who have been sexually assaulted in a | ||||||
20 | long term care facility or elsewhere. | ||||||
21 | (210 ILCS 45/3-809 new) | ||||||
22 | Sec. 3-809. Rules to implement changes. In developing rules | ||||||
23 | and regulations to implement changes made by this amendatory | ||||||
24 | Act of the 96th General Assembly, the Department shall seek the |
| |||||||
| |||||||
1 | input of advocates for long term care facility residents, | ||||||
2 | representatives of associations representing long term care | ||||||
3 | facilities, and representatives of associations representing | ||||||
4 | employees of long term care facilities. | ||||||
5 | (210 ILCS 45/3-810 new) | ||||||
6 | Sec. 3-810. Whistleblower protection. | ||||||
7 | (a) In this Section, "retaliatory action" means the | ||||||
8 | reprimand, discharge, suspension, demotion, denial of | ||||||
9 | promotion or transfer, or change in the terms and conditions of | ||||||
10 | employment of any employee of a facility that is taken in | ||||||
11 | retaliation for the employee's involvement in a protected | ||||||
12 | activity as set forth in paragraphs (1) through (3) of | ||||||
13 | subsection (b). | ||||||
14 | (b) A facility shall not take any retaliatory action | ||||||
15 | against an employee of the facility, including a nursing home | ||||||
16 | administrator, because the employee does any of the following: | ||||||
17 | (1) Discloses or threatens to disclose to a supervisor | ||||||
18 | or to a public body an activity, inaction, policy, or | ||||||
19 | practice implemented by a facility that the employee | ||||||
20 | reasonably believes is in violation of a law, rule, or | ||||||
21 | regulation. | ||||||
22 | (2) Provides information to or testifies before any | ||||||
23 | public body conducting an investigation, hearing, or | ||||||
24 | inquiry into any violation of a law, rule, or regulation by | ||||||
25 | a nursing home administrator. |
| |||||||
| |||||||
1 | (3) Assists or participates in a proceeding to enforce | ||||||
2 | the provisions of this Act. | ||||||
3 | (c) A violation of this Section may be established only | ||||||
4 | upon a finding that (i) the employee of the facility engaged in | ||||||
5 | conduct described in subsection (b) of this Section and (ii) | ||||||
6 | this conduct was a contributing factor in the retaliatory | ||||||
7 | action alleged by the employee. There is no violation of this | ||||||
8 | Section, however, if the facility demonstrates by clear and | ||||||
9 | convincing evidence that it would have taken the same | ||||||
10 | unfavorable personnel action in the absence of that conduct. | ||||||
11 | (d) The employee of the facility may be awarded all | ||||||
12 | remedies necessary to make the employee whole and to prevent | ||||||
13 | future violations of this Section. Remedies imposed by the | ||||||
14 | court may include, but are not limited to, all of the | ||||||
15 | following: | ||||||
16 | (1) Reinstatement of the employee to either the same | ||||||
17 | position held before the retaliatory action or to an | ||||||
18 | equivalent position. | ||||||
19 | (2) Two times the amount of back pay. | ||||||
20 | (3) Interest on the back pay. | ||||||
21 | (4) Reinstatement of full fringe benefits and | ||||||
22 | seniority rights. | ||||||
23 | (5) Payment of reasonable costs and attorney's fees. | ||||||
24 | (e) Nothing in this Section shall be deemed to diminish the | ||||||
25 | rights, privileges, or remedies of an employee of a facility | ||||||
26 | under any other federal or State law, rule, or regulation or |
| |||||||
| |||||||
1 | under any employment contract.
| ||||||
2 | Section 30. The Hospital Licensing Act is amended by | ||||||
3 | changing Sections 6.09 and 7 as follows: | ||||||
4 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
5 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
6 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
7 | transition of aged
and disabled patients from hospitals to | ||||||
8 | post-hospital care, whenever a
patient who qualifies for the
| ||||||
9 | federal Medicare program is hospitalized, the patient shall be | ||||||
10 | notified
of discharge at least
24 hours prior to discharge from
| ||||||
11 | the hospital. With regard to pending discharges to a skilled | ||||||
12 | nursing facility, the hospital must notify the case | ||||||
13 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
14 | least 24 hours prior to discharge or, if home health services | ||||||
15 | are ordered, the hospital must inform its designated case | ||||||
16 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||||||
17 | the pending discharge and must provide the patient with the | ||||||
18 | case coordination unit's telephone number and other contact | ||||||
19 | information.
| ||||||
20 | (b) Every hospital shall develop procedures for a physician | ||||||
21 | with medical
staff privileges at the hospital or any | ||||||
22 | appropriate medical staff member to
provide the discharge | ||||||
23 | notice prescribed in subsection (a) of this Section. The | ||||||
24 | procedures must include prohibitions against discharging or |
| |||||||
| |||||||
1 | referring a patient to any of the following if unlicensed, | ||||||
2 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
3 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
4 | and shared housing establishment, as defined in the Assisted | ||||||
5 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
6 | the Nursing Home Care Act; (iv) a supportive living facility, | ||||||
7 | as defined in Section 5-5.01a of the Illinois Public Aid Code; | ||||||
8 | or (v) a free-standing hospice facility licensed under the | ||||||
9 | Hospice Program Licensing Act if licensure, certification, or | ||||||
10 | registration is required. The Department of Public Health shall | ||||||
11 | annually provide hospitals with a list of licensed, certified, | ||||||
12 | or registered board and care facilities, assisted living and | ||||||
13 | shared housing establishments, nursing homes, supportive | ||||||
14 | living facilities, and hospice facilities. Reliance upon this | ||||||
15 | list by a hospital shall satisfy compliance with this | ||||||
16 | requirement.
The procedure may also include a waiver for any | ||||||
17 | case in which a discharge
notice is not feasible due to a short | ||||||
18 | length of stay in the hospital by the patient,
or for any case | ||||||
19 | in which the patient voluntarily desires to leave the
hospital | ||||||
20 | before the expiration of the
24 hour period. | ||||||
21 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
22 | the
patient shall receive written information on the patient's | ||||||
23 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
24 | program, including the steps to follow to appeal
the discharge | ||||||
25 | and the appropriate telephone number to call in case the
| ||||||
26 | patient intends to appeal the discharge. |
| |||||||
| |||||||
1 | (d) Before transfer of a patient to a long term care | ||||||
2 | facility licensed under the Nursing Home Care Act where elderly | ||||||
3 | persons reside, a hospital shall as soon as practicable | ||||||
4 | initiate a name-based criminal history background check by | ||||||
5 | electronic submission to the Department of State Police for all | ||||||
6 | persons between the ages of 18 and 70 years; provided, however, | ||||||
7 | that a hospital shall be required to initiate such a background | ||||||
8 | check only with respect to patients who: | ||||||
9 | (1) are transferring to a long term care facility for | ||||||
10 | the first time; | ||||||
11 | (2) have been in the hospital more than 5 days; | ||||||
12 | (3) are reasonably expected to remain at the long term | ||||||
13 | care facility for more than 30 days; | ||||||
14 | (4) have a known history of serious mental illness or | ||||||
15 | substance abuse; and | ||||||
16 | (5) are independently ambulatory or mobile for more | ||||||
17 | than a temporary period of time. | ||||||
18 | A hospital may also request a criminal history background | ||||||
19 | check for a patient who does not meet any of the criteria set | ||||||
20 | forth in items (1) through (5). | ||||||
21 | A hospital shall notify a long term care facility if the | ||||||
22 | hospital has initiated a criminal history background check on a | ||||||
23 | patient being discharged to that facility. In all circumstances | ||||||
24 | in which the hospital is required by this subsection to | ||||||
25 | initiate the criminal history background check, the transfer to | ||||||
26 | the long term care facility may proceed regardless of the |
| |||||||
| |||||||
1 | availability of criminal history results. Upon receipt of the | ||||||
2 | results, the hospital shall promptly forward the results to the | ||||||
3 | appropriate long term care facility. If the results of the | ||||||
4 | background check are inconclusive, the hospital shall have no | ||||||
5 | additional duty or obligation to seek additional information | ||||||
6 | from, or about, the patient. | ||||||
7 | (Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07; | ||||||
8 | 95-651, eff. 10-11-07; 95-876, eff. 8-21-08.) | ||||||
9 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
10 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
11 | transition of aged
and disabled patients from hospitals to | ||||||
12 | post-hospital care, whenever a
patient who qualifies for the
| ||||||
13 | federal Medicare program is hospitalized, the patient shall be | ||||||
14 | notified
of discharge at least
24 hours prior to discharge from
| ||||||
15 | the hospital. With regard to pending discharges to a skilled | ||||||
16 | nursing facility, the hospital must notify the case | ||||||
17 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
18 | least 24 hours prior to discharge or, if home health services | ||||||
19 | are ordered, the hospital must inform its designated case | ||||||
20 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||||||
21 | the pending discharge and must provide the patient with the | ||||||
22 | case coordination unit's telephone number and other contact | ||||||
23 | information.
| ||||||
24 | (b) Every hospital shall develop procedures for a physician | ||||||
25 | with medical
staff privileges at the hospital or any |
| |||||||
| |||||||
1 | appropriate medical staff member to
provide the discharge | ||||||
2 | notice prescribed in subsection (a) of this Section. The | ||||||
3 | procedures must include prohibitions against discharging or | ||||||
4 | referring a patient to any of the following if unlicensed, | ||||||
5 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
6 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
7 | and shared housing establishment, as defined in the Assisted | ||||||
8 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
9 | the Nursing Home Care Act or the MR/DD Community Care Act; (iv) | ||||||
10 | a supportive living facility, as defined in Section 5-5.01a of | ||||||
11 | the Illinois Public Aid Code; or (v) a free-standing hospice | ||||||
12 | facility licensed under the Hospice Program Licensing Act if | ||||||
13 | licensure, certification, or registration is required. The | ||||||
14 | Department of Public Health shall annually provide hospitals | ||||||
15 | with a list of licensed, certified, or registered board and | ||||||
16 | care facilities, assisted living and shared housing | ||||||
17 | establishments, nursing homes, supportive living facilities, | ||||||
18 | facilities licensed under the MR/DD Community Care Act, and | ||||||
19 | hospice facilities. Reliance upon this list by a hospital shall | ||||||
20 | satisfy compliance with this requirement.
The procedure may | ||||||
21 | also include a waiver for any case in which a discharge
notice | ||||||
22 | is not feasible due to a short length of stay in the hospital | ||||||
23 | by the patient,
or for any case in which the patient | ||||||
24 | voluntarily desires to leave the
hospital before the expiration | ||||||
25 | of the
24 hour period. | ||||||
26 | (c) At least
24 hours prior to discharge from the hospital, |
| |||||||
| |||||||
1 | the
patient shall receive written information on the patient's | ||||||
2 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
3 | program, including the steps to follow to appeal
the discharge | ||||||
4 | and the appropriate telephone number to call in case the
| ||||||
5 | patient intends to appeal the discharge. | ||||||
6 | (d) Before transfer of a patient to a long term care | ||||||
7 | facility licensed under the Nursing Home Care Act where elderly | ||||||
8 | persons reside, a hospital shall as soon as practicable | ||||||
9 | initiate a name-based criminal history background check by | ||||||
10 | electronic submission to the Department of State Police for all | ||||||
11 | persons between the ages of 18 and 70 years; provided, however, | ||||||
12 | that a hospital shall be required to initiate such a background | ||||||
13 | check only with respect to patients who: | ||||||
14 | (1) are transferring to a long term care facility for | ||||||
15 | the first time; | ||||||
16 | (2) have been in the hospital more than 5 days; | ||||||
17 | (3) are reasonably expected to remain at the long term | ||||||
18 | care facility for more than 30 days; | ||||||
19 | (4) have a known history of serious mental illness or | ||||||
20 | substances abuse; and | ||||||
21 | (5) are independently ambulatory or mobile for more | ||||||
22 | than a temporary period of time. | ||||||
23 | A hospital may also request a criminal history background | ||||||
24 | check for a patient who does not meet any of the criteria set | ||||||
25 | forth in items (1) through (5). | ||||||
26 | A hospital shall notify a long term care facility if the |
| |||||||
| |||||||
1 | hospital has initiated a criminal history background check on a | ||||||
2 | patient being discharged to that facility. In all circumstances | ||||||
3 | in which the hospital is required by this subsection to | ||||||
4 | initiate the criminal history background check, the transfer to | ||||||
5 | the long term care facility may proceed regardless of the | ||||||
6 | availability of criminal history results. Upon receipt of the | ||||||
7 | results, the hospital shall promptly forward the results to the | ||||||
8 | appropriate long term care facility. If the results of the | ||||||
9 | background check are inconclusive, the hospital shall have no | ||||||
10 | additional duty or obligation to seek additional information | ||||||
11 | from, or about, the patient. | ||||||
12 | (Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07; | ||||||
13 | 95-876, eff. 8-21-08; 96-339, eff. 7-1-10.) | ||||||
14 | (210 ILCS 85/7) (from Ch. 111 1/2, par. 148) | ||||||
15 | Sec. 7. (a) The Director after notice and opportunity for | ||||||
16 | hearing to the
applicant or licensee may deny, suspend, or | ||||||
17 | revoke a permit to establish a
hospital or deny, suspend, or | ||||||
18 | revoke a license to open, conduct, operate,
and maintain a | ||||||
19 | hospital in any case in which he finds that there has been a
| ||||||
20 | substantial failure to comply with the provisions of this Act, | ||||||
21 | the Hospital
Report Card Act, or the Illinois Adverse Health | ||||||
22 | Care Events Reporting Law of 2005 or the standards, rules, and | ||||||
23 | regulations established by
virtue of any of those Acts. The | ||||||
24 | Department may impose fines on hospitals, not to exceed $500 | ||||||
25 | per occurrence, for failing to initiate a criminal background |
| |||||||
| |||||||
1 | check on a patient that meets the criteria for | ||||||
2 | hospital-initiated background checks. In assessing whether to | ||||||
3 | impose such a fine, the Department shall consider various | ||||||
4 | factors including, but not limited to, whether the hospital has | ||||||
5 | engaged in a pattern or practice of failing to initiate | ||||||
6 | criminal background checks. Money from fines shall be deposited | ||||||
7 | into the Long Term Care Provider Fund. | ||||||
8 | (b) Such notice shall be effected by registered mail or by | ||||||
9 | personal
service setting forth the particular reasons for the | ||||||
10 | proposed action and
fixing a date, not less than 15 days from | ||||||
11 | the date of such mailing or
service, at which time the | ||||||
12 | applicant or licensee shall be given an
opportunity for a | ||||||
13 | hearing. Such hearing shall be conducted by the Director
or by | ||||||
14 | an employee of the Department designated in writing by the | ||||||
15 | Director
as Hearing Officer to conduct the hearing. On the | ||||||
16 | basis of any such
hearing, or upon default of the applicant or | ||||||
17 | licensee, the Director shall
make a determination specifying | ||||||
18 | his findings and conclusions. In case of a
denial to an | ||||||
19 | applicant of a permit to establish a hospital, such
| ||||||
20 | determination shall specify the subsection of Section 6 under | ||||||
21 | which the
permit was denied and shall contain findings of fact | ||||||
22 | forming the basis of
such denial. A copy of such determination | ||||||
23 | shall be sent by registered mail
or served personally upon the | ||||||
24 | applicant or licensee. The decision denying,
suspending, or | ||||||
25 | revoking a permit or a license shall become final 35 days
after | ||||||
26 | it is so mailed or served, unless the applicant or licensee, |
| |||||||
| |||||||
1 | within
such 35 day period, petitions for review pursuant to | ||||||
2 | Section 13. | ||||||
3 | (c) The procedure governing hearings authorized by this | ||||||
4 | Section shall be
in accordance with rules promulgated by the | ||||||
5 | Department and approved by the
Hospital Licensing Board. A full | ||||||
6 | and complete record shall be kept of all
proceedings, including | ||||||
7 | the notice of hearing, complaint, and all other
documents in | ||||||
8 | the nature of pleadings, written motions filed in the
| ||||||
9 | proceedings, and the report and orders of the Director and | ||||||
10 | Hearing Officer.
All testimony shall be reported but need not | ||||||
11 | be transcribed unless the
decision is appealed pursuant to | ||||||
12 | Section 13. A copy or copies of the
transcript may be obtained | ||||||
13 | by any interested party on payment of the cost
of preparing | ||||||
14 | such copy or copies. | ||||||
15 | (d) The Director or Hearing Officer shall upon his own | ||||||
16 | motion, or on the
written request of any party to the | ||||||
17 | proceeding, issue subpoenas requiring
the attendance and the | ||||||
18 | giving of testimony by witnesses, and subpoenas
duces tecum | ||||||
19 | requiring the production of books, papers, records, or
| ||||||
20 | memoranda. All subpoenas and subpoenas duces tecum issued under | ||||||
21 | the terms
of this Act may be served by any person of full age. | ||||||
22 | The fees of witnesses
for attendance and travel shall be the | ||||||
23 | same as the fees of witnesses before
the Circuit Court of this | ||||||
24 | State, such fees to be paid when the witness is
excused from | ||||||
25 | further attendance. When the witness is subpoenaed at the
| ||||||
26 | instance of the Director, or Hearing Officer, such fees shall |
| |||||||
| |||||||
1 | be paid in
the same manner as other expenses of the Department, | ||||||
2 | and when the witness
is subpoenaed at the instance of any other | ||||||
3 | party to any such proceeding the
Department may require that | ||||||
4 | the cost of service of the subpoena or subpoena
duces tecum and | ||||||
5 | the fee of the witness be borne by the party at whose
instance | ||||||
6 | the witness is summoned. In such case, the Department in its
| ||||||
7 | discretion, may require a deposit to cover the cost of such | ||||||
8 | service and
witness fees. A subpoena or subpoena duces tecum | ||||||
9 | issued as aforesaid shall
be served in the same manner as a | ||||||
10 | subpoena issued out of a court. | ||||||
11 | (e) Any Circuit Court of this State upon the application of | ||||||
12 | the
Director, or upon the application of any other party to the | ||||||
13 | proceeding,
may, in its discretion, compel the attendance of | ||||||
14 | witnesses, the production
of books, papers, records, or | ||||||
15 | memoranda and the giving of testimony before
the Director or | ||||||
16 | Hearing Officer conducting an investigation or holding a
| ||||||
17 | hearing authorized by this Act, by an attachment for contempt, | ||||||
18 | or
otherwise, in the same manner as production of evidence may | ||||||
19 | be compelled
before the court. | ||||||
20 | (f) The Director or Hearing Officer, or any party in an | ||||||
21 | investigation or
hearing before the Department, may cause the | ||||||
22 | depositions of witnesses
within the State to be taken in the | ||||||
23 | manner prescribed by law for like
depositions in civil actions | ||||||
24 | in courts of this State, and to that end
compel the attendance | ||||||
25 | of witnesses and the production of books, papers,
records, or | ||||||
26 | memoranda. |
| |||||||
| |||||||
1 | (Source: P.A. 93-563, eff. 1-1-04; 94-242, eff. 7-18-05.) | ||||||
2 | Section 33. The Medical Practice Act of 1987 is amended by | ||||||
3 | changing Sections 23 and 36 as follows:
| ||||||
4 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
5 | (Section scheduled to be repealed on December 31, 2010)
| ||||||
6 | Sec. 23. Reports relating to professional conduct
and | ||||||
7 | capacity. | ||||||
8 | (A) Entities required to report.
| ||||||
9 | (1) Health care institutions. The chief administrator
| ||||||
10 | or executive officer of any health care institution | ||||||
11 | licensed
by the Illinois Department of Public Health shall | ||||||
12 | report to
the Disciplinary Board when any person's clinical | ||||||
13 | privileges
are terminated or are restricted based on a | ||||||
14 | final
determination, in accordance with that institution's | ||||||
15 | by-laws
or rules and regulations, that a person has either | ||||||
16 | committed
an act or acts which may directly threaten | ||||||
17 | patient care, and not of an
administrative nature, or that | ||||||
18 | a person may be mentally or
physically disabled in such a | ||||||
19 | manner as to endanger patients
under that person's care. | ||||||
20 | Such officer also shall report if
a person accepts | ||||||
21 | voluntary termination or restriction of
clinical | ||||||
22 | privileges in lieu of formal action based upon conduct | ||||||
23 | related
directly to patient care and
not of an | ||||||
24 | administrative nature, or in lieu of formal action
seeking |
| |||||||
| |||||||
1 | to determine whether a person may be mentally or
physically | ||||||
2 | disabled in such a manner as to endanger patients
under | ||||||
3 | that person's care. The Medical Disciplinary Board
shall, | ||||||
4 | by rule, provide for the reporting to it of all
instances | ||||||
5 | in which a person, licensed under this Act, who is
impaired | ||||||
6 | by reason of age, drug or alcohol abuse or physical
or | ||||||
7 | mental impairment, is under supervision and, where
| ||||||
8 | appropriate, is in a program of rehabilitation. Such
| ||||||
9 | reports shall be strictly confidential and may be reviewed
| ||||||
10 | and considered only by the members of the Disciplinary
| ||||||
11 | Board, or by authorized staff as provided by rules of the
| ||||||
12 | Disciplinary Board. Provisions shall be made for the
| ||||||
13 | periodic report of the status of any such person not less
| ||||||
14 | than twice annually in order that the Disciplinary Board
| ||||||
15 | shall have current information upon which to determine the
| ||||||
16 | status of any such person. Such initial and periodic
| ||||||
17 | reports of impaired physicians shall not be considered
| ||||||
18 | records within the meaning of The State Records Act and
| ||||||
19 | shall be disposed of, following a determination by the
| ||||||
20 | Disciplinary Board that such reports are no longer | ||||||
21 | required,
in a manner and at such time as the Disciplinary | ||||||
22 | Board shall
determine by rule. The filing of such reports | ||||||
23 | shall be
construed as the filing of a report for purposes | ||||||
24 | of
subsection (C) of this Section.
| ||||||
25 | (2) Professional associations. The President or chief
| ||||||
26 | executive officer of any association or society, of persons
|
| |||||||
| |||||||
1 | licensed under this Act, operating within this State shall
| ||||||
2 | report to the Disciplinary Board when the association or
| ||||||
3 | society renders a final determination that a person has
| ||||||
4 | committed unprofessional conduct related directly to | ||||||
5 | patient
care or that a person may be mentally or physically | ||||||
6 | disabled
in such a manner as to endanger patients under | ||||||
7 | that person's
care.
| ||||||
8 | (3) Professional liability insurers. Every insurance
| ||||||
9 | company which offers policies of professional liability
| ||||||
10 | insurance to persons licensed under this Act, or any other
| ||||||
11 | entity which seeks to indemnify the professional liability
| ||||||
12 | of a person licensed under this Act, shall report to the
| ||||||
13 | Disciplinary Board the settlement of any claim or cause of
| ||||||
14 | action, or final judgment rendered in any cause of action,
| ||||||
15 | which alleged negligence in the furnishing of medical care
| ||||||
16 | by such licensed person when such settlement or final
| ||||||
17 | judgment is in favor of the plaintiff.
| ||||||
18 | (4) State's Attorneys. The State's Attorney of each
| ||||||
19 | county shall report to the Disciplinary Board all instances
| ||||||
20 | in which a person licensed under this Act is convicted or
| ||||||
21 | otherwise found guilty of the commission of any felony. The | ||||||
22 | State's Attorney
of each county may report to the | ||||||
23 | Disciplinary Board through a verified
complaint any | ||||||
24 | instance in which the State's Attorney believes that a | ||||||
25 | physician
has willfully violated the notice requirements | ||||||
26 | of the Parental Notice of
Abortion Act of 1995.
|
| |||||||
| |||||||
1 | (5) State agencies. All agencies, boards,
commissions, | ||||||
2 | departments, or other instrumentalities of the
government | ||||||
3 | of the State of Illinois shall report to the
Disciplinary | ||||||
4 | Board any instance arising in connection with
the | ||||||
5 | operations of such agency, including the administration
of | ||||||
6 | any law by such agency, in which a person licensed under
| ||||||
7 | this Act has either committed an act or acts which may be a
| ||||||
8 | violation of this Act or which may constitute | ||||||
9 | unprofessional
conduct related directly to patient care or | ||||||
10 | which indicates
that a person licensed under this Act may | ||||||
11 | be mentally or
physically disabled in such a manner as to | ||||||
12 | endanger patients
under that person's care.
| ||||||
13 | (B) Mandatory reporting. All reports required by items | ||||||
14 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
15 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
16 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
17 | days after a determination that a report is required under
this | ||||||
18 | Act. All reports shall contain the following
information:
| ||||||
19 | (1) The name, address and telephone number of the
| ||||||
20 | person making the report.
| ||||||
21 | (2) The name, address and telephone number of the
| ||||||
22 | person who is the subject of the report.
| ||||||
23 | (3) The name and date of birth of any
patient or | ||||||
24 | patients whose treatment is a subject of the
report, if | ||||||
25 | available, or other means of identification if such | ||||||
26 | information is not available, identification of the |
| |||||||
| |||||||
1 | hospital or other
healthcare facility where the care at | ||||||
2 | issue in the report was rendered,
provided, however, no | ||||||
3 | medical records may be
revealed.
| ||||||
4 | (4) A brief description of the facts which gave rise
to | ||||||
5 | the issuance of the report, including the dates of any
| ||||||
6 | occurrences deemed to necessitate the filing of the report.
| ||||||
7 | (5) If court action is involved, the identity of the
| ||||||
8 | court in which the action is filed, along with the docket
| ||||||
9 | number and date of filing of the action.
| ||||||
10 | (6) Any further pertinent information which the
| ||||||
11 | reporting party deems to be an aid in the evaluation of the
| ||||||
12 | report.
| ||||||
13 | The Disciplinary Board or Department may also exercise the | ||||||
14 | power under Section
38 of this Act to subpoena copies of | ||||||
15 | hospital or medical records in mandatory
report cases alleging | ||||||
16 | death or permanent bodily injury. Appropriate
rules shall be | ||||||
17 | adopted by the Department with the approval of the Disciplinary
| ||||||
18 | Board.
| ||||||
19 | When the Department has received written reports | ||||||
20 | concerning incidents
required to be reported in items (34), | ||||||
21 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
22 | failure to report the incident to the Department
under those | ||||||
23 | items shall not be the sole grounds for disciplinary action.
| ||||||
24 | Nothing contained in this Section shall act to in any
way, | ||||||
25 | waive or modify the confidentiality of medical reports
and | ||||||
26 | committee reports to the extent provided by law. Any
|
| |||||||
| |||||||
1 | information reported or disclosed shall be kept for the
| ||||||
2 | confidential use of the Disciplinary Board, the Medical
| ||||||
3 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
4 | investigative staff, and authorized clerical staff,
as | ||||||
5 | provided in this Act, and shall be afforded the same
status as | ||||||
6 | is provided information concerning medical studies
in Part 21 | ||||||
7 | of Article VIII of the Code of Civil Procedure, except that the | ||||||
8 | Department may disclose information and documents to a federal, | ||||||
9 | State, or local law enforcement agency pursuant to a subpoena | ||||||
10 | in an ongoing criminal investigation or to a health care | ||||||
11 | licensing body of this State or another state or jurisdiction | ||||||
12 | pursuant to an official request made by that licensing body . | ||||||
13 | Furthermore, information and documents disclosed to a federal, | ||||||
14 | State, or local law enforcement agency may be used by that | ||||||
15 | agency only for the investigation and prosecution of a criminal | ||||||
16 | offense , or, in the case of disclosure to a health care | ||||||
17 | licensing body, only for investigations and disciplinary | ||||||
18 | action proceedings with regard to a license . Information and | ||||||
19 | documents disclosed to the Department of Public Health may be | ||||||
20 | used by that Department only for investigation and disciplinary | ||||||
21 | action regarding the license of a health care institution | ||||||
22 | licensed by the Department of Public Health.
| ||||||
23 | (C) Immunity from prosecution. Any individual or
| ||||||
24 | organization acting in good faith, and not in a wilful and
| ||||||
25 | wanton manner, in complying with this Act by providing any
| ||||||
26 | report or other information to the Disciplinary Board or a peer |
| |||||||
| |||||||
1 | review committee, or
assisting in the investigation or | ||||||
2 | preparation of such
information, or by voluntarily reporting to | ||||||
3 | the Disciplinary Board
or a peer review committee information | ||||||
4 | regarding alleged errors or negligence by a person licensed | ||||||
5 | under this Act, or by participating in proceedings of the
| ||||||
6 | Disciplinary Board or a peer review committee, or by serving as | ||||||
7 | a member of the
Disciplinary Board or a peer review committee, | ||||||
8 | shall not, as a result of such actions,
be subject to criminal | ||||||
9 | prosecution or civil damages.
| ||||||
10 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
11 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
12 | the medical investigative staff, physicians
retained under | ||||||
13 | contract to assist and advise the medical
coordinators in the | ||||||
14 | investigation, and authorized clerical
staff shall be | ||||||
15 | indemnified by the State for any actions
occurring within the | ||||||
16 | scope of services on the Disciplinary
Board, done in good faith | ||||||
17 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
18 | defend all such actions
unless he or she determines either that | ||||||
19 | there would be a
conflict of interest in such representation or | ||||||
20 | that the
actions complained of were not in good faith or were | ||||||
21 | wilful
and wanton.
| ||||||
22 | Should the Attorney General decline representation, the
| ||||||
23 | member shall have the right to employ counsel of his or her
| ||||||
24 | choice, whose fees shall be provided by the State, after
| ||||||
25 | approval by the Attorney General, unless there is a
| ||||||
26 | determination by a court that the member's actions were not
in |
| |||||||
| |||||||
1 | good faith or were wilful and wanton.
| ||||||
2 | The member must notify the Attorney General within 7
days | ||||||
3 | of receipt of notice of the initiation of any action
involving | ||||||
4 | services of the Disciplinary Board. Failure to so
notify the | ||||||
5 | Attorney General shall constitute an absolute
waiver of the | ||||||
6 | right to a defense and indemnification.
| ||||||
7 | The Attorney General shall determine within 7 days
after | ||||||
8 | receiving such notice, whether he or she will
undertake to | ||||||
9 | represent the member.
| ||||||
10 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
11 | of any report called for by this Act, other than
those reports | ||||||
12 | of impaired persons licensed under this Act
required pursuant | ||||||
13 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
14 | shall notify in writing, by certified
mail, the person who is | ||||||
15 | the subject of the report. Such
notification shall be made | ||||||
16 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
17 | report.
| ||||||
18 | The notification shall include a written notice setting
| ||||||
19 | forth the person's right to examine the report. Included in
| ||||||
20 | such notification shall be the address at which the file is
| ||||||
21 | maintained, the name of the custodian of the reports, and
the | ||||||
22 | telephone number at which the custodian may be reached.
The | ||||||
23 | person who is the subject of the report shall submit a written | ||||||
24 | statement responding,
clarifying, adding to, or proposing the | ||||||
25 | amending of the
report previously filed. The person who is the | ||||||
26 | subject of the report shall also submit with the written |
| |||||||
| |||||||
1 | statement any medical records related to the report. The | ||||||
2 | statement and accompanying medical records shall become a
| ||||||
3 | permanent part of the file and must be received by the
| ||||||
4 | Disciplinary Board no more than
30 days after the date on
which | ||||||
5 | the person was notified by the Disciplinary Board of the | ||||||
6 | existence of
the
original report.
| ||||||
7 | The Disciplinary Board shall review all reports
received by | ||||||
8 | it, together with any supporting information and
responding | ||||||
9 | statements submitted by persons who are the
subject of reports. | ||||||
10 | The review by the Disciplinary Board
shall be in a timely | ||||||
11 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
12 | review of the material
contained in each disciplinary file be | ||||||
13 | less than 61 days nor
more than 180 days after the receipt of | ||||||
14 | the initial report
by the Disciplinary Board.
| ||||||
15 | When the Disciplinary Board makes its initial review of
the | ||||||
16 | materials contained within its disciplinary files, the
| ||||||
17 | Disciplinary Board shall, in writing, make a determination
as | ||||||
18 | to whether there are sufficient facts to warrant further
| ||||||
19 | investigation or action. Failure to make such determination
| ||||||
20 | within the time provided shall be deemed to be a
determination | ||||||
21 | that there are not sufficient facts to warrant
further | ||||||
22 | investigation or action.
| ||||||
23 | Should the Disciplinary Board find that there are not
| ||||||
24 | sufficient facts to warrant further investigation, or
action, | ||||||
25 | the report shall be accepted for filing and the
matter shall be | ||||||
26 | deemed closed and so reported to the Secretary. The Secretary
|
| |||||||
| |||||||
1 | shall then have 30 days to accept the Medical Disciplinary | ||||||
2 | Board's decision or
request further investigation. The | ||||||
3 | Secretary shall inform the Board in writing
of the decision to | ||||||
4 | request further investigation, including the specific
reasons | ||||||
5 | for the decision. The
individual or entity filing the original | ||||||
6 | report or complaint
and the person who is the subject of the | ||||||
7 | report or complaint
shall be notified in writing by the | ||||||
8 | Secretary of
any final action on their report or complaint.
| ||||||
9 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
10 | on a timely basis, but in no event less than once
every other | ||||||
11 | month, a summary report of final actions taken
upon | ||||||
12 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
13 | summary reports shall be made available to the public upon | ||||||
14 | request and payment of the fees set by the Department. This | ||||||
15 | publication may be made available to the public on the | ||||||
16 | Department's Internet website.
| ||||||
17 | (G) Any violation of this Section shall be a Class A
| ||||||
18 | misdemeanor.
| ||||||
19 | (H) If any such person violates the provisions of this
| ||||||
20 | Section an action may be brought in the name of the People
of | ||||||
21 | the State of Illinois, through the Attorney General of
the | ||||||
22 | State of Illinois, for an order enjoining such violation
or for | ||||||
23 | an order enforcing compliance with this Section.
Upon filing of | ||||||
24 | a verified petition in such court, the court
may issue a | ||||||
25 | temporary restraining order without notice or
bond and may | ||||||
26 | preliminarily or permanently enjoin such
violation, and if it |
| |||||||
| |||||||
1 | is established that such person has
violated or is violating | ||||||
2 | the injunction, the court may
punish the offender for contempt | ||||||
3 | of court. Proceedings
under this paragraph shall be in addition | ||||||
4 | to, and not in
lieu of, all other remedies and penalties | ||||||
5 | provided for by
this Section.
| ||||||
6 | (Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07 .)
| ||||||
7 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
8 | (Section scheduled to be repealed on December 31, 2010)
| ||||||
9 | Sec. 36. Upon the motion of either the Department
or the | ||||||
10 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
11 | any person setting forth facts which, if proven,
would | ||||||
12 | constitute grounds for suspension or revocation under
Section | ||||||
13 | 22 of this Act, the Department shall investigate the
actions of | ||||||
14 | any person, so accused, who holds or represents
that they hold | ||||||
15 | a license. Such person is hereinafter called
the accused.
| ||||||
16 | The Department shall, before suspending, revoking,
placing | ||||||
17 | on probationary status, or taking any other
disciplinary action | ||||||
18 | as the Department may deem proper with
regard to any license at | ||||||
19 | least 30 days prior to the date set
for the hearing, notify the | ||||||
20 | accused in writing of any
charges made and the time and place | ||||||
21 | for a hearing of the
charges before the Disciplinary Board, | ||||||
22 | direct them to file
their written answer thereto to the | ||||||
23 | Disciplinary Board under
oath within 20 days after the service | ||||||
24 | on them of such notice
and inform them that if they fail to | ||||||
25 | file such answer
default will be taken against them and their |
| |||||||
| |||||||
1 | license may be
suspended, revoked, placed on probationary | ||||||
2 | status, or have
other disciplinary action, including limiting | ||||||
3 | the scope,
nature or extent of their practice, as the | ||||||
4 | Department may
deem proper taken with regard thereto.
| ||||||
5 | Where a physician has been found, upon complaint and
| ||||||
6 | investigation of the Department, and after hearing, to have
| ||||||
7 | performed an abortion procedure in a wilful and wanton
manner | ||||||
8 | upon a woman who was not pregnant at the time such
abortion | ||||||
9 | procedure was performed, the Department shall
automatically | ||||||
10 | revoke the license of such physician to
practice medicine in | ||||||
11 | Illinois.
| ||||||
12 | Such written notice and any notice in such proceedings
| ||||||
13 | thereafter may be served by delivery of the same,
personally, | ||||||
14 | to the accused person, or by mailing the same by
registered or | ||||||
15 | certified mail to the address last theretofore
specified by the | ||||||
16 | accused in their last notification to the
Department.
| ||||||
17 | All information gathered by the Department during its | ||||||
18 | investigation
including information subpoenaed
under Section | ||||||
19 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
20 | for
the confidential use of the Secretary, Disciplinary Board, | ||||||
21 | the Medical
Coordinators, persons employed by contract to | ||||||
22 | advise the Medical Coordinator or
the Department, the
| ||||||
23 | Disciplinary Board's attorneys, the medical investigative | ||||||
24 | staff, and authorized
clerical staff, as provided in this Act | ||||||
25 | and shall be afforded the same status
as is provided | ||||||
26 | information concerning medical studies in Part 21 of Article
|
| |||||||
| |||||||
1 | VIII of the Code of Civil Procedure, except that the Department | ||||||
2 | may disclose information and documents to a federal, State, or | ||||||
3 | local law enforcement agency pursuant to a subpoena in an | ||||||
4 | ongoing criminal investigation to a health care licensing body | ||||||
5 | of this State or another state or jurisdiction pursuant to an | ||||||
6 | official request made by that licensing body . Furthermore, | ||||||
7 | information and documents disclosed to a federal, State, or | ||||||
8 | local law enforcement agency may be used by that agency only | ||||||
9 | for the investigation and prosecution of a criminal offense or, | ||||||
10 | in the case of disclosure to a health care licensing body, only | ||||||
11 | for investigations and disciplinary action proceedings with | ||||||
12 | regard to a license issued by that licensing body .
| ||||||
13 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
14 | Section 35. The Nursing Home Administrators Licensing and | ||||||
15 | Disciplinary Act is amended by changing Section 17 and adding | ||||||
16 | Sections 17.1 and 38 as follows: | ||||||
17 | (225 ILCS 70/17) (from Ch. 111, par. 3667) | ||||||
18 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
19 | (Section scheduled to be repealed on January 1, 2018) | ||||||
20 | Sec. 17. Grounds for disciplinary action. | ||||||
21 | (a) The Department may impose fines not to exceed $10,000
| ||||||
22 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
23 | place on probation,
censure, reprimand or take other | ||||||
24 | disciplinary or non-disciplinary action with regard to the
|
| |||||||
| |||||||
1 | license of any person, for any one or combination
of the | ||||||
2 | following causes: | ||||||
3 | (1) Intentional material misstatement in furnishing | ||||||
4 | information
to
the Department. | ||||||
5 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
6 | contendere to any crime that is a felony under the laws of | ||||||
7 | the United States
or any
state or territory thereof or
a | ||||||
8 | misdemeanor of which an
essential element is dishonesty or | ||||||
9 | that is directly
related to the practice of the profession | ||||||
10 | of nursing home administration. | ||||||
11 | (3) Making any misrepresentation for the purpose of | ||||||
12 | obtaining
a license,
or violating any provision of this | ||||||
13 | Act. | ||||||
14 | (4) Immoral conduct in the commission of any act, such | ||||||
15 | as
sexual abuse or
sexual misconduct, related to the | ||||||
16 | licensee's practice. | ||||||
17 | (5) Failing to respond within 30
days, to a
written | ||||||
18 | request made by the Department for information. | ||||||
19 | (6) Engaging in dishonorable, unethical or | ||||||
20 | unprofessional
conduct of a
character likely to deceive, | ||||||
21 | defraud or harm the public. | ||||||
22 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
23 | stimulants, or any
other chemical agent or drug which | ||||||
24 | results in the inability to practice
with reasonable | ||||||
25 | judgment, skill or safety. | ||||||
26 | (8) Discipline by another U.S. jurisdiction if at
least |
| |||||||
| |||||||
1 | one of the grounds for the discipline is the same or | ||||||
2 | substantially
equivalent to those set forth herein. | ||||||
3 | (9) A finding by the Department that the licensee, | ||||||
4 | after having
his or her license
placed on probationary | ||||||
5 | status has violated the terms of probation. | ||||||
6 | (10) Willfully making or filing false records or | ||||||
7 | reports in
his or her
practice,
including but not limited | ||||||
8 | to false records filed with State agencies or
departments. | ||||||
9 | (11) Physical illness, mental illness, or other | ||||||
10 | impairment or disability, including, but not limited to,
| ||||||
11 | deterioration
through the aging process, or loss of motor | ||||||
12 | skill that results in
the
inability to practice the | ||||||
13 | profession with reasonable judgment, skill or safety. | ||||||
14 | (12) Disregard or violation of this Act or of any rule
| ||||||
15 | issued pursuant to this Act. | ||||||
16 | (13) Aiding or abetting another in the violation of | ||||||
17 | this Act
or any rule
or regulation issued pursuant to this | ||||||
18 | Act. | ||||||
19 | (14) Allowing one's license to be used by an unlicensed
| ||||||
20 | person. | ||||||
21 | (15) (Blank).
| ||||||
22 | (16) Professional incompetence in the practice of | ||||||
23 | nursing
home administration. | ||||||
24 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
25 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
26 | long term care facility resident. |
| |||||||
| |||||||
1 | (18) Violation of the Nursing Home Care Act or of any | ||||||
2 | rule
issued under the Nursing Home Care Act. A final | ||||||
3 | adjudication of a Type "AA" violation of the Nursing Home | ||||||
4 | Care Act made by the Illinois Department of Public Health, | ||||||
5 | as identified by rule, relating to the hiring, training, | ||||||
6 | planning, organizing, directing, or supervising the | ||||||
7 | operation of a nursing home and a licensee's failure to | ||||||
8 | comply with this Act or the rules adopted under this Act, | ||||||
9 | shall create a rebuttable presumption of a violation of | ||||||
10 | this subsection. | ||||||
11 | (19) Failure to report to the Department any adverse | ||||||
12 | final action taken against the licensee by a licensing | ||||||
13 | authority of another state, territory of the United States, | ||||||
14 | or foreign country; or by any governmental or law | ||||||
15 | enforcement agency; or by any court for acts or conduct | ||||||
16 | similar to acts or conduct that would constitute grounds | ||||||
17 | for disciplinary action under this Section. | ||||||
18 | (20) Failure to report to the Department the surrender | ||||||
19 | of a license or authorization to practice as a nursing home | ||||||
20 | administrator in another state or jurisdiction for acts or | ||||||
21 | conduct similar to acts or conduct that would constitute | ||||||
22 | grounds for disciplinary action under this Section. | ||||||
23 | (21) Failure to report to the Department any adverse | ||||||
24 | judgment, settlement, or award arising from a liability | ||||||
25 | claim related to acts or conduct similar to acts or conduct | ||||||
26 | that would constitute grounds for disciplinary action |
| |||||||
| |||||||
1 | under this Section. | ||||||
2 | All proceedings to suspend, revoke, place on
probationary | ||||||
3 | status, or take any other disciplinary action
as the Department | ||||||
4 | may deem proper, with regard to a license
on any of the | ||||||
5 | foregoing grounds, must be commenced within
5
years next after | ||||||
6 | receipt by the Department of (i) a
complaint
alleging the | ||||||
7 | commission of or notice of the conviction order
for any of the | ||||||
8 | acts described herein or (ii) a referral for investigation
| ||||||
9 | under
Section 3-108 of the Nursing Home Care Act. | ||||||
10 | The entry of an order or judgment by any circuit court | ||||||
11 | establishing that
any person holding a license under this Act | ||||||
12 | is a person in need of mental
treatment operates as a | ||||||
13 | suspension of that license. That person may resume
their | ||||||
14 | practice only upon the entry of a Department order based upon a
| ||||||
15 | finding by the Board that they have been determined to
be | ||||||
16 | recovered from mental illness by the court and upon the
Board's | ||||||
17 | recommendation that they be permitted to resume their practice. | ||||||
18 | The Department, upon the recommendation of the
Board, may
| ||||||
19 | adopt rules which set forth
standards to be used in determining | ||||||
20 | what constitutes: | ||||||
21 | (i)
when a person will be deemed sufficiently
| ||||||
22 | rehabilitated to warrant the public trust; | ||||||
23 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
24 | of a character likely to deceive,
defraud, or harm the | ||||||
25 | public; | ||||||
26 | (iii)
immoral conduct in the commission
of any act |
| |||||||
| |||||||
1 | related to the licensee's practice; and | ||||||
2 | (iv)
professional incompetence in the practice
of | ||||||
3 | nursing home administration. | ||||||
4 | However, no such rule shall be admissible into evidence
in | ||||||
5 | any civil action except for review of a licensing or
other | ||||||
6 | disciplinary action under this Act. | ||||||
7 | In enforcing this Section, the Department or Board, upon a | ||||||
8 | showing of a
possible
violation,
may compel any individual | ||||||
9 | licensed to practice under this
Act, or who has applied for | ||||||
10 | licensure
pursuant to this Act, to submit to a mental or | ||||||
11 | physical
examination, or both, as required by and at the | ||||||
12 | expense of
the Department. The examining physician or | ||||||
13 | physicians shall
be those specifically designated by the | ||||||
14 | Department or Board.
The Department or Board may order the | ||||||
15 | examining physician to present
testimony
concerning this | ||||||
16 | mental or physical examination of the licensee or applicant. No
| ||||||
17 | information shall be excluded by reason of any common law or | ||||||
18 | statutory
privilege relating to communications between the | ||||||
19 | licensee or applicant and the
examining physician.
The | ||||||
20 | individual to be examined may have, at his or her own
expense, | ||||||
21 | another physician of his or her choice present
during all | ||||||
22 | aspects of the examination. Failure of any
individual to submit | ||||||
23 | to mental or physical examination, when
directed, shall be | ||||||
24 | grounds for suspension of his or her
license until such time as | ||||||
25 | the individual submits to the
examination if the Department | ||||||
26 | finds, after notice
and hearing, that the refusal to submit to |
| |||||||
| |||||||
1 | the examination
was without reasonable cause. | ||||||
2 | If the Department or Board
finds an individual unable to | ||||||
3 | practice
because of the reasons
set forth in this Section, the | ||||||
4 | Department or Board shall
require such individual to submit to | ||||||
5 | care, counseling, or
treatment by physicians approved or | ||||||
6 | designated by the
Department or Board, as a condition, term, or | ||||||
7 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
8 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
9 | Department may file, or the Board may recommend to the
| ||||||
10 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
11 | or otherwise discipline the license of the
individual.
Any | ||||||
12 | individual whose license was granted pursuant to
this Act or | ||||||
13 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
14 | subject to such terms, conditions
or restrictions who shall | ||||||
15 | fail to comply with such terms,
conditions or restrictions
| ||||||
16 | shall be referred to the Secretary
for a
determination as to | ||||||
17 | whether the licensee shall have his or her
license suspended | ||||||
18 | immediately, pending a hearing by the
Department. In instances | ||||||
19 | in which the Secretary
immediately suspends a license under | ||||||
20 | this Section, a hearing
upon such person's license must be | ||||||
21 | convened by the
Board within 30
days after such suspension and
| ||||||
22 | completed without appreciable delay. The Department and Board
| ||||||
23 | shall have the authority to review the subject administrator's
| ||||||
24 | record of treatment and counseling regarding the impairment,
to | ||||||
25 | the extent permitted by applicable federal statutes and
| ||||||
26 | regulations safeguarding the confidentiality of medical |
| |||||||
| |||||||
1 | records. | ||||||
2 | An individual licensed under this Act, affected under
this | ||||||
3 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
4 | Department or Board that he or she can
resume
practice in | ||||||
5 | compliance with acceptable and prevailing
standards under the | ||||||
6 | provisions of his or her license. | ||||||
7 | (b) Any individual or
organization acting in good faith, | ||||||
8 | and not in a wilful and
wanton manner, in complying with this | ||||||
9 | Act by providing any
report or other information to the | ||||||
10 | Department, or
assisting in the investigation or preparation of | ||||||
11 | such
information, or by participating in proceedings of the
| ||||||
12 | Department, or by serving as a member of the
Board, shall not, | ||||||
13 | as a result of such actions,
be subject to criminal prosecution | ||||||
14 | or civil damages. | ||||||
15 | (c) Members of the Board, and persons
retained under | ||||||
16 | contract to assist and advise in an investigation,
shall be | ||||||
17 | indemnified by the State for any actions
occurring within the | ||||||
18 | scope of services on or for the Board, done in good
faith
and | ||||||
19 | not wilful and wanton in
nature. The Attorney General shall | ||||||
20 | defend all such actions
unless he or she determines either that | ||||||
21 | there would be a
conflict of interest in such representation or | ||||||
22 | that the
actions complained of were not in good faith or were | ||||||
23 | wilful and wanton. | ||||||
24 | Should the Attorney General decline representation,
a | ||||||
25 | person entitled to indemnification under this Section shall | ||||||
26 | have the
right to employ counsel of his or her
choice, whose |
| |||||||
| |||||||
1 | fees shall be provided by the State, after
approval by the | ||||||
2 | Attorney General, unless there is a
determination by a court | ||||||
3 | that the member's actions were not
in good faith or were wilful | ||||||
4 | and wanton. | ||||||
5 | A person entitled to indemnification under this
Section | ||||||
6 | must notify the Attorney General within 7
days of receipt of | ||||||
7 | notice of the initiation of any action
involving services of | ||||||
8 | the Board. Failure to so
notify the Attorney General shall | ||||||
9 | constitute an absolute
waiver of the right to a defense and | ||||||
10 | indemnification. | ||||||
11 | The Attorney General shall determine within 7 days
after | ||||||
12 | receiving such notice, whether he or she will undertake to | ||||||
13 | represent
a
person entitled to indemnification under this | ||||||
14 | Section. | ||||||
15 | (d) The determination by a circuit court that a licensee is | ||||||
16 | subject to
involuntary admission or judicial admission as | ||||||
17 | provided in the Mental
Health and Developmental Disabilities | ||||||
18 | Code, as amended, operates as an
automatic suspension. Such | ||||||
19 | suspension will end only upon a finding by a
court that the | ||||||
20 | patient is no longer subject to involuntary admission or
| ||||||
21 | judicial admission and issues an order so finding and | ||||||
22 | discharging the
patient; and upon the recommendation of the | ||||||
23 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
24 | his or her practice. | ||||||
25 | (e) The Department may refuse to issue or may suspend the | ||||||
26 | license of
any person who fails to file a return, or to pay the |
| |||||||
| |||||||
1 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
2 | final assessment of tax,
penalty or interest, as required by | ||||||
3 | any tax Act administered by the Department of Revenue, until | ||||||
4 | such time as the requirements of any
such tax Act are | ||||||
5 | satisfied. | ||||||
6 | (f) The Department of Public Health shall transmit to the
| ||||||
7 | Department a list of those facilities which receive an "A" | ||||||
8 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
9 | Act. | ||||||
10 | (Source: P.A. 95-703, eff. 12-31-07.) | ||||||
11 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
12 | (Section scheduled to be repealed on January 1, 2018) | ||||||
13 | Sec. 17. Grounds for disciplinary action. | ||||||
14 | (a) The Department may impose fines not to exceed $10,000
| ||||||
15 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
16 | place on probation,
censure, reprimand or take other | ||||||
17 | disciplinary or non-disciplinary action with regard to the
| ||||||
18 | license of any person, for any one or combination
of the | ||||||
19 | following causes: | ||||||
20 | (1) Intentional material misstatement in furnishing | ||||||
21 | information
to
the Department. | ||||||
22 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
23 | contendere to any crime that is a felony under the laws of | ||||||
24 | the United States
or any
state or territory thereof or
a | ||||||
25 | misdemeanor of which an
essential element is dishonesty or |
| |||||||
| |||||||
1 | that is directly
related to the practice of the profession | ||||||
2 | of nursing home administration. | ||||||
3 | (3) Making any misrepresentation for the purpose of | ||||||
4 | obtaining
a license,
or violating any provision of this | ||||||
5 | Act. | ||||||
6 | (4) Immoral conduct in the commission of any act, such | ||||||
7 | as
sexual abuse or
sexual misconduct, related to the | ||||||
8 | licensee's practice. | ||||||
9 | (5) Failing to respond within 30
days, to a
written | ||||||
10 | request made by the Department for information. | ||||||
11 | (6) Engaging in dishonorable, unethical or | ||||||
12 | unprofessional
conduct of a
character likely to deceive, | ||||||
13 | defraud or harm the public. | ||||||
14 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
15 | stimulants, or any
other chemical agent or drug which | ||||||
16 | results in the inability to practice
with reasonable | ||||||
17 | judgment, skill or safety. | ||||||
18 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
19 | one of the grounds for the discipline is the same or | ||||||
20 | substantially
equivalent to those set forth herein. | ||||||
21 | (9) A finding by the Department that the licensee, | ||||||
22 | after having
his or her license
placed on probationary | ||||||
23 | status has violated the terms of probation. | ||||||
24 | (10) Willfully making or filing false records or | ||||||
25 | reports in
his or her
practice,
including but not limited | ||||||
26 | to false records filed with State agencies or
departments. |
| |||||||
| |||||||
1 | (11) Physical illness, mental illness, or other | ||||||
2 | impairment or disability, including, but not limited to,
| ||||||
3 | deterioration
through the aging process, or loss of motor | ||||||
4 | skill that results in
the
inability to practice the | ||||||
5 | profession with reasonable judgment, skill or safety. | ||||||
6 | (12) Disregard or violation of this Act or of any rule
| ||||||
7 | issued pursuant to this Act. | ||||||
8 | (13) Aiding or abetting another in the violation of | ||||||
9 | this Act
or any rule
or regulation issued pursuant to this | ||||||
10 | Act. | ||||||
11 | (14) Allowing one's license to be used by an unlicensed
| ||||||
12 | person. | ||||||
13 | (15) (Blank).
| ||||||
14 | (16) Professional incompetence in the practice of | ||||||
15 | nursing
home administration. | ||||||
16 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
17 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
18 | long term care facility resident. | ||||||
19 | (18) Violation of the Nursing Home Care Act or the | ||||||
20 | MR/DD Community Care Act or of any rule
issued under the | ||||||
21 | Nursing Home Care Act or the MR/DD Community Care Act. A | ||||||
22 | final adjudication of a Type "AA" violation of the Nursing | ||||||
23 | Home Care Act made by the Illinois Department of Public | ||||||
24 | Health, as identified by rule, relating to the hiring, | ||||||
25 | training, planning, organizing, directing, or supervising | ||||||
26 | the operation of a nursing home and a licensee's failure to |
| |||||||
| |||||||
1 | comply with this Act or the rules adopted under this Act, | ||||||
2 | shall create a rebuttable presumption of a violation of | ||||||
3 | this subsection. | ||||||
4 | (19) Failure to report to the Department any adverse | ||||||
5 | final action taken against the licensee by a licensing | ||||||
6 | authority of another state, territory of the United States, | ||||||
7 | or foreign country; or by any governmental or law | ||||||
8 | enforcement agency; or by any court for acts or conduct | ||||||
9 | similar to acts or conduct that would constitute grounds | ||||||
10 | for disciplinary action under this Section. | ||||||
11 | (20) Failure to report to the Department the surrender | ||||||
12 | of a license or authorization to practice as a nursing home | ||||||
13 | administrator in another state or jurisdiction for acts or | ||||||
14 | conduct similar to acts or conduct that would constitute | ||||||
15 | grounds for disciplinary action under this Section. | ||||||
16 | (21) Failure to report to the Department any adverse | ||||||
17 | judgment, settlement, or award arising from a liability | ||||||
18 | claim related to acts or conduct similar to acts or conduct | ||||||
19 | that would constitute grounds for disciplinary action | ||||||
20 | under this Section. | ||||||
21 | All proceedings to suspend, revoke, place on
probationary | ||||||
22 | status, or take any other disciplinary action
as the Department | ||||||
23 | may deem proper, with regard to a license
on any of the | ||||||
24 | foregoing grounds, must be commenced within
5
years next after | ||||||
25 | receipt by the Department of (i) a
complaint
alleging the | ||||||
26 | commission of or notice of the conviction order
for any of the |
| |||||||
| |||||||
1 | acts described herein or (ii) a referral for investigation
| ||||||
2 | under
Section 3-108 of the Nursing Home Care Act. | ||||||
3 | The entry of an order or judgment by any circuit court | ||||||
4 | establishing that
any person holding a license under this Act | ||||||
5 | is a person in need of mental
treatment operates as a | ||||||
6 | suspension of that license. That person may resume
their | ||||||
7 | practice only upon the entry of a Department order based upon a
| ||||||
8 | finding by the Board that they have been determined to
be | ||||||
9 | recovered from mental illness by the court and upon the
Board's | ||||||
10 | recommendation that they be permitted to resume their practice. | ||||||
11 | The Department, upon the recommendation of the
Board, may
| ||||||
12 | adopt rules which set forth
standards to be used in determining | ||||||
13 | what constitutes: | ||||||
14 | (i)
when a person will be deemed sufficiently
| ||||||
15 | rehabilitated to warrant the public trust; | ||||||
16 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
17 | of a character likely to deceive,
defraud, or harm the | ||||||
18 | public; | ||||||
19 | (iii)
immoral conduct in the commission
of any act | ||||||
20 | related to the licensee's practice; and | ||||||
21 | (iv)
professional incompetence in the practice
of | ||||||
22 | nursing home administration. | ||||||
23 | However, no such rule shall be admissible into evidence
in | ||||||
24 | any civil action except for review of a licensing or
other | ||||||
25 | disciplinary action under this Act. | ||||||
26 | In enforcing this Section, the Department or Board, upon a |
| |||||||
| |||||||
1 | showing of a
possible
violation,
may compel any individual | ||||||
2 | licensed to practice under this
Act, or who has applied for | ||||||
3 | licensure
pursuant to this Act, to submit to a mental or | ||||||
4 | physical
examination, or both, as required by and at the | ||||||
5 | expense of
the Department. The examining physician or | ||||||
6 | physicians shall
be those specifically designated by the | ||||||
7 | Department or Board.
The Department or Board may order the | ||||||
8 | examining physician to present
testimony
concerning this | ||||||
9 | mental or physical examination of the licensee or applicant. No
| ||||||
10 | information shall be excluded by reason of any common law or | ||||||
11 | statutory
privilege relating to communications between the | ||||||
12 | licensee or applicant and the
examining physician.
The | ||||||
13 | individual to be examined may have, at his or her own
expense, | ||||||
14 | another physician of his or her choice present
during all | ||||||
15 | aspects of the examination. Failure of any
individual to submit | ||||||
16 | to mental or physical examination, when
directed, shall be | ||||||
17 | grounds for suspension of his or her
license until such time as | ||||||
18 | the individual submits to the
examination if the Department | ||||||
19 | finds, after notice
and hearing, that the refusal to submit to | ||||||
20 | the examination
was without reasonable cause. | ||||||
21 | If the Department or Board
finds an individual unable to | ||||||
22 | practice
because of the reasons
set forth in this Section, the | ||||||
23 | Department or Board shall
require such individual to submit to | ||||||
24 | care, counseling, or
treatment by physicians approved or | ||||||
25 | designated by the
Department or Board, as a condition, term, or | ||||||
26 | restriction for
continued,
reinstated, or renewed licensure to |
| |||||||
| |||||||
1 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
2 | Department may file, or the Board may recommend to the
| ||||||
3 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
4 | or otherwise discipline the license of the
individual.
Any | ||||||
5 | individual whose license was granted pursuant to
this Act or | ||||||
6 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
7 | subject to such terms, conditions
or restrictions who shall | ||||||
8 | fail to comply with such terms,
conditions or restrictions
| ||||||
9 | shall be referred to the Secretary
for a
determination as to | ||||||
10 | whether the licensee shall have his or her
license suspended | ||||||
11 | immediately, pending a hearing by the
Department. In instances | ||||||
12 | in which the Secretary
immediately suspends a license under | ||||||
13 | this Section, a hearing
upon such person's license must be | ||||||
14 | convened by the
Board within 30
days after such suspension and
| ||||||
15 | completed without appreciable delay. The Department and Board
| ||||||
16 | shall have the authority to review the subject administrator's
| ||||||
17 | record of treatment and counseling regarding the impairment,
to | ||||||
18 | the extent permitted by applicable federal statutes and
| ||||||
19 | regulations safeguarding the confidentiality of medical | ||||||
20 | records. | ||||||
21 | An individual licensed under this Act, affected under
this | ||||||
22 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
23 | Department or Board that he or she can
resume
practice in | ||||||
24 | compliance with acceptable and prevailing
standards under the | ||||||
25 | provisions of his or her license. | ||||||
26 | (b) Any individual or
organization acting in good faith, |
| |||||||
| |||||||
1 | and not in a wilful and
wanton manner, in complying with this | ||||||
2 | Act by providing any
report or other information to the | ||||||
3 | Department, or
assisting in the investigation or preparation of | ||||||
4 | such
information, or by participating in proceedings of the
| ||||||
5 | Department, or by serving as a member of the
Board, shall not, | ||||||
6 | as a result of such actions,
be subject to criminal prosecution | ||||||
7 | or civil damages. | ||||||
8 | (c) Members of the Board, and persons
retained under | ||||||
9 | contract to assist and advise in an investigation,
shall be | ||||||
10 | indemnified by the State for any actions
occurring within the | ||||||
11 | scope of services on or for the Board, done in good
faith
and | ||||||
12 | not wilful and wanton in
nature. The Attorney General shall | ||||||
13 | defend all such actions
unless he or she determines either that | ||||||
14 | there would be a
conflict of interest in such representation or | ||||||
15 | that the
actions complained of were not in good faith or were | ||||||
16 | wilful and wanton. | ||||||
17 | Should the Attorney General decline representation,
a | ||||||
18 | person entitled to indemnification under this Section shall | ||||||
19 | have the
right to employ counsel of his or her
choice, whose | ||||||
20 | fees shall be provided by the State, after
approval by the | ||||||
21 | Attorney General, unless there is a
determination by a court | ||||||
22 | that the member's actions were not
in good faith or were wilful | ||||||
23 | and wanton. | ||||||
24 | A person entitled to indemnification under this
Section | ||||||
25 | must notify the Attorney General within 7
days of receipt of | ||||||
26 | notice of the initiation of any action
involving services of |
| |||||||
| |||||||
1 | the Board. Failure to so
notify the Attorney General shall | ||||||
2 | constitute an absolute
waiver of the right to a defense and | ||||||
3 | indemnification. | ||||||
4 | The Attorney General shall determine within 7 days
after | ||||||
5 | receiving such notice, whether he or she will undertake to | ||||||
6 | represent
a
person entitled to indemnification under this | ||||||
7 | Section. | ||||||
8 | (d) The determination by a circuit court that a licensee is | ||||||
9 | subject to
involuntary admission or judicial admission as | ||||||
10 | provided in the Mental
Health and Developmental Disabilities | ||||||
11 | Code, as amended, operates as an
automatic suspension. Such | ||||||
12 | suspension will end only upon a finding by a
court that the | ||||||
13 | patient is no longer subject to involuntary admission or
| ||||||
14 | judicial admission and issues an order so finding and | ||||||
15 | discharging the
patient; and upon the recommendation of the | ||||||
16 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
17 | his or her practice. | ||||||
18 | (e) The Department may refuse to issue or may suspend the | ||||||
19 | license of
any person who fails to file a return, or to pay the | ||||||
20 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
21 | final assessment of tax,
penalty or interest, as required by | ||||||
22 | any tax Act administered by the Department of Revenue, until | ||||||
23 | such time as the requirements of any
such tax Act are | ||||||
24 | satisfied. | ||||||
25 | (f) The Department of Public Health shall transmit to the
| ||||||
26 | Department a list of those facilities which receive an "A" |
| |||||||
| |||||||
1 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
2 | Act. | ||||||
3 | (Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.) | ||||||
4 | (225 ILCS 70/17.1 new) | ||||||
5 | Sec. 17.1. Reports of violations of Act or other conduct. | ||||||
6 | (a) The owner or licensee of a long term care facility | ||||||
7 | licensed under the Nursing Home Care Act who employs or | ||||||
8 | contracts with a licensee under this Act shall report to the | ||||||
9 | Department any instance of which he or she has knowledge | ||||||
10 | arising in connection with operations of the health care | ||||||
11 | institution, including the administration of any law by the | ||||||
12 | institution, in which a licensee under this Act has either | ||||||
13 | committed an act or acts which may constitute a violation of | ||||||
14 | this Act or unprofessional conduct related directly to patient | ||||||
15 | care, or which may indicate that the licensee may be mentally | ||||||
16 | or physically disabled in such a manner as to endanger patients | ||||||
17 | under that licensee's care. Additionally, every nursing home | ||||||
18 | shall report to the Department any instance when a licensee is | ||||||
19 | terminated for cause which would constitute a violation of this | ||||||
20 | Act. The Department may take disciplinary or non-disciplinary | ||||||
21 | action if the termination is based upon unprofessional conduct | ||||||
22 | related to planning, organizing, directing, or supervising the | ||||||
23 | operation of a nursing home as defined by this Act or other | ||||||
24 | conduct by the licensee that would be a violation of this Act | ||||||
25 | or Rules. |
| |||||||
| |||||||
1 | For the purposes of this subsection, "owner" does not mean | ||||||
2 | the owner of the real estate or physical plant who does not | ||||||
3 | hold management or operational control of the licensed long | ||||||
4 | term care facility. | ||||||
5 | (b) Any insurance company that offers policies of | ||||||
6 | professional liability insurance to licensees, or any other | ||||||
7 | entity that seeks to indemnify the professional liability of a | ||||||
8 | licensee, shall report the settlement of any claim or adverse | ||||||
9 | final judgment rendered in any action that alleged negligence | ||||||
10 | in planning, organizing, directing, or supervising the | ||||||
11 | operation of a nursing home by the licensee. | ||||||
12 | (c) The State's Attorney of each county shall report to the | ||||||
13 | Department each instance in which a licensee is convicted of or | ||||||
14 | enters a plea of guilty or nolo contendere to any crime that is | ||||||
15 | a felony, or of which an essential element is dishonesty, or | ||||||
16 | that is directly related to the practice of the profession of | ||||||
17 | nursing home administration. | ||||||
18 | (d) Any agency, board, commission, department, or other | ||||||
19 | instrumentality of the government of the State of Illinois | ||||||
20 | shall report to the Department any instance arising in | ||||||
21 | connection with the operations of the agency, including the | ||||||
22 | administration of any law by the agency, in which a licensee | ||||||
23 | under this Act has either committed an act or acts which may | ||||||
24 | constitute a violation of this Act or unprofessional conduct | ||||||
25 | related directly to planning, organizing, directing or | ||||||
26 | supervising the operation of a nursing home, or which may |
| |||||||
| |||||||
1 | indicate that a licensee may be mentally or physically disabled | ||||||
2 | in such a manner as to endanger others. | ||||||
3 | (e) All reports required by items (19), (20), and (21) of | ||||||
4 | subsection (a) of Section 17 and by this Section 17.1 shall be | ||||||
5 | submitted to the Department in a timely fashion. The reports | ||||||
6 | shall be filed in writing within 60 days after a determination | ||||||
7 | that a report is required under this Section. All reports shall | ||||||
8 | contain the following information: | ||||||
9 | (1) The name, address, and telephone number of the | ||||||
10 | person making the report. | ||||||
11 | (2) The name, address, and telephone number of the | ||||||
12 | person who is the subject of the report. | ||||||
13 | (3) The name and date of birth of any person or persons | ||||||
14 | whose treatment is a subject of the report, or other means | ||||||
15 | of identification if that information is not available, and | ||||||
16 | identification of the nursing home facility where the care | ||||||
17 | at issue in the report was rendered. | ||||||
18 | (4) A brief description of the facts which gave rise to | ||||||
19 | the issuance of the report, including the dates of any | ||||||
20 | occurrences deemed to necessitate the filing of the report. | ||||||
21 | (5) If court action is involved, the identity of the | ||||||
22 | court in which the action is filed, along with the docket | ||||||
23 | number and the date the action was filed. | ||||||
24 | (6) Any further pertinent information that the | ||||||
25 | reporting party deems to be an aid in evaluating the | ||||||
26 | report. |
| |||||||
| |||||||
1 | If the Department receives a written report concerning an | ||||||
2 | incident required to be reported under item (19), (20), or (21) | ||||||
3 | of subsection (a) of Section 17, then the licensee's failure to | ||||||
4 | report the incident to the Department within 60 days may not be | ||||||
5 | the sole ground for any disciplinary action against the | ||||||
6 | licensee. | ||||||
7 | (f) Any individual or organization acting in good faith, | ||||||
8 | and not in a wilful and wanton manner, in complying with this | ||||||
9 | Section by providing any report or other information to the | ||||||
10 | Department, by assisting in the investigation or preparation of | ||||||
11 | such information, by voluntarily reporting to the Department | ||||||
12 | information regarding alleged errors or negligence by a | ||||||
13 | licensee, or by participating in proceedings of the Department, | ||||||
14 | shall not, as a result of such actions, be subject to criminal | ||||||
15 | prosecution or civil damages. | ||||||
16 | (g) Upon the receipt of any report required by this | ||||||
17 | Section, the Department shall notify in writing, by certified | ||||||
18 | mail, the person who is the subject of the report. The | ||||||
19 | notification shall be made within 30 days after the | ||||||
20 | Department's receipt of the report. | ||||||
21 | The notification shall include a written notice setting | ||||||
22 | forth the person's right to examine the report.
The | ||||||
23 | notification shall also include the address at which the file | ||||||
24 | is maintained, the name of the custodian of the file, and the | ||||||
25 | telephone number at which the custodian may be reached. The | ||||||
26 | person who is the subject of the report shall submit a written |
| |||||||
| |||||||
1 | statement responding, clarifying, adding to, or proposing the | ||||||
2 | amending of the report previously filed. The statement shall | ||||||
3 | become a permanent part of the file and must be received by the | ||||||
4 | Department no more than 30 days after the date on which the | ||||||
5 | person was notified by the Department of the existence of the | ||||||
6 | original report. | ||||||
7 | The Department shall review a report received by it, | ||||||
8 | together with any supporting information and responding | ||||||
9 | statements submitted by the person who is the subject of the | ||||||
10 | report. The review by the Department shall be in a timely | ||||||
11 | manner, but in no event shall the Department's initial review | ||||||
12 | of the material contained in each disciplinary file last less | ||||||
13 | than 61 days nor more than 180 days after the receipt of the | ||||||
14 | initial report by the Department. | ||||||
15 | When the Department makes its initial review of the | ||||||
16 | materials contained within its disciplinary files, the | ||||||
17 | Department shall, in writing, make a determination as to | ||||||
18 | whether there are sufficient facts to warrant further | ||||||
19 | investigation or action. Failure to make such a determination | ||||||
20 | within the time provided shall be deemed to be a determination | ||||||
21 | that there are not sufficient facts to warrant further | ||||||
22 | investigation or action. The Department shall notify the person | ||||||
23 | who is the subject of the report of any final action on the | ||||||
24 | report. | ||||||
25 | (h) A violation of this Section is a Class A misdemeanor. | ||||||
26 | (i) If any person or entity violates this Section, then an |
| |||||||
| |||||||
1 | action may be brought in the name of the People of the State of | ||||||
2 | Illinois, through the Attorney General of the State of | ||||||
3 | Illinois, for an order enjoining the violation or for an order | ||||||
4 | enforcing compliance with this Section. Upon filing of a | ||||||
5 | verified petition in the court, the court may issue a temporary | ||||||
6 | restraining order without notice or bond and may preliminarily | ||||||
7 | or permanently enjoin the violation. If it is established that | ||||||
8 | the person or entity has violated or is violating the | ||||||
9 | injunction, the court may punish the offender for contempt of | ||||||
10 | court. Proceedings under this subsection (i) shall be in | ||||||
11 | addition to, and not in lieu of, all other remedies and | ||||||
12 | penalties provided for by this Section. | ||||||
13 | (225 ILCS 70/38 new) | ||||||
14 | Sec. 38. Whistleblower protection. Any individual or | ||||||
15 | organization acting in good faith, and not in a willful and | ||||||
16 | wanton manner, in complying with this Act by providing any | ||||||
17 | report or other information to the Department, or assisting in | ||||||
18 | the investigation or preparation of such information, or by | ||||||
19 | voluntarily reporting to the Department information regarding | ||||||
20 | alleged errors or negligence by a licensee, or by participating | ||||||
21 | in proceedings of the Department, shall not, as a result of | ||||||
22 | such actions, be subject to criminal prosecution or civil | ||||||
23 | damages. | ||||||
24 | Section 40. The Illinois Public Aid Code is amended by |
| |||||||
| |||||||
1 | changing Section 5-5.12 and adding Sections 5-27 and 5-28 as | ||||||
2 | follows:
| ||||||
3 | (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
| ||||||
4 | Sec. 5-5.12. Pharmacy payments.
| ||||||
5 | (a) Every request submitted by a pharmacy for reimbursement | ||||||
6 | under this
Article for prescription drugs provided to a | ||||||
7 | recipient of aid under this
Article shall include the name of | ||||||
8 | the prescriber or an acceptable
identification number as | ||||||
9 | established by the Department.
| ||||||
10 | (b) Pharmacies providing prescription drugs under
this | ||||||
11 | Article shall be reimbursed at a rate which shall include
a | ||||||
12 | professional dispensing fee as determined by the Illinois
| ||||||
13 | Department, plus the current acquisition cost of the | ||||||
14 | prescription
drug dispensed. The Illinois Department shall | ||||||
15 | update its
information on the acquisition costs of all | ||||||
16 | prescription drugs
no less frequently than every 30 days. | ||||||
17 | However, the Illinois
Department may set the rate of | ||||||
18 | reimbursement for the acquisition
cost, by rule, at a | ||||||
19 | percentage of the current average wholesale
acquisition cost.
| ||||||
20 | (c) (Blank).
| ||||||
21 | (d) The Department shall not impose requirements for prior | ||||||
22 | approval
based on a preferred drug list for anti-retroviral, | ||||||
23 | anti-hemophilic factor
concentrates,
or
any atypical | ||||||
24 | antipsychotics, conventional antipsychotics,
or | ||||||
25 | anticonvulsants used for the treatment of serious mental
|
| |||||||
| |||||||
1 | illnesses
until 30 days after it has conducted a study of the | ||||||
2 | impact of such
requirements on patient care and submitted a | ||||||
3 | report to the Speaker of the
House of Representatives and the | ||||||
4 | President of the Senate.
| ||||||
5 | (e) The Department shall cooperate with the Department of | ||||||
6 | Public Health and the Department of Human Services Division of | ||||||
7 | Mental Health in identifying psychotropic medications that, | ||||||
8 | when given in a particular form, manner, duration, or frequency | ||||||
9 | (including "as needed") in a dosage, or in conjunction with | ||||||
10 | other psychotropic medications to a nursing home resident, may | ||||||
11 | constitute a chemical restraint or an "unnecessary drug" as | ||||||
12 | defined by the Nursing Home Care Act or Titles XVIII and XIX of | ||||||
13 | the Social Security Act and the implementing rules and | ||||||
14 | regulations. The Department shall require prior approval for | ||||||
15 | any such medication prescribed for a nursing home resident that | ||||||
16 | appears to be a chemical restraint or an unnecessary drug. The | ||||||
17 | Department shall consult with the Department of Human Services | ||||||
18 | Division of Mental Health in developing a protocol and criteria | ||||||
19 | for deciding whether to grant such prior approval. | ||||||
20 | (Source: P.A. 93-106, eff. 7-8-03; 94-48, eff. 7-1-05.)
| ||||||
21 | (305 ILCS 5/5-27 new) | ||||||
22 | Sec. 5-27. Nursing home workgroup. | ||||||
23 | (a) The Director of the Department of Healthcare and Family | ||||||
24 | Services shall convene a workgroup composed of representatives | ||||||
25 | of nursing home resident advocates, representatives of long |
| |||||||
| |||||||
1 | term care providers, representatives of labor and | ||||||
2 | employee-representation organizations, and all relevant State | ||||||
3 | agencies, for the purpose of developing a proposal to be | ||||||
4 | presented to the General Assembly no later than November 1, | ||||||
5 | 2010. The proposal shall address the following issues: | ||||||
6 | (1) Staffing standards necessary to the provision of | ||||||
7 | care and services and the preservation of resident safety. | ||||||
8 | (2) A comprehensive rate review giving consideration | ||||||
9 | to adopting an evidence-based rate methodology. | ||||||
10 | (3) The development of a provider assessment. | ||||||
11 | (b) This Section is repealed, and the workgroup shall be | ||||||
12 | dissolved, on January 1, 2011. | ||||||
13 | (305 ILCS 5/5-28 new) | ||||||
14 | Sec. 5-28. Community transition resources. The Department | ||||||
15 | of Healthcare and Family Services, in collaboration with all | ||||||
16 | relevant agencies, shall develop a Community Transition Plan to | ||||||
17 | allow nursing facility residents who are determined to be | ||||||
18 | appropriate for transition to the community to access or | ||||||
19 | acquire resources to support the transition. These strategies | ||||||
20 | may include, but need not be limited to, enhancement of the | ||||||
21 | Community Home Maintenance Allowance, retention of income from | ||||||
22 | work, and incorporation of community transition services into | ||||||
23 | existing home and community-based waiver programs. | ||||||
24 | Section 93. Intent. Nothing in this Act is intended to |
| |||||||
| |||||||
1 | apply to any facility that is subject to licensure under the | ||||||
2 | MR/DD Community Care Act on or after July 1, 2010. | ||||||
3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
4 | changes in a statute that is represented in this Act by text | ||||||
5 | that is not yet or no longer in effect (for example, a Section | ||||||
6 | represented by multiple versions), the use of that text does | ||||||
7 | not accelerate or delay the taking effect of (i) the changes | ||||||
8 | made by this Act or (ii) provisions derived from any other | ||||||
9 | Public Act. | ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|