Sen. William Delgado
Filed: 2/18/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3021




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    AMENDMENT NO. ______. Amend Senate Bill 3021 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The MR/DD Community Care Act is amended  by 
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changing Sections 1-101.05, 3-305, 3-306, and 3-308 as follows:
 
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    (210 ILCS 47/1-101.05)
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    (This Section may contain text from a Public Act with a 
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delayed effective date)

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    Sec. 1-101.05. Prior law. 
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    (a) This Act provides for licensure of intermediate
care 
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facilities for the developmentally disabled and long-term
care 
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for under age 22 facilities under this Act instead of under the 
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Nursing Home Care Act. On and after the effective date of this 
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Act, those facilities shall be governed by this Act instead of 
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the Nursing Home Care Act.
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    (b) (Blank) If any other Act of the General Assembly 
 


 






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changes, adds, or repeals a provision of the Nursing Home Care 
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Act that is the same as or substantially similar to a provision 
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of this Act, then that change, addition, or repeal in the 
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Nursing Home Care Act shall be construed together with this 
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Act.
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    (c) Nothing in this Act affects the validity or effect of 
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any finding, decision, or action made or taken by the 
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Department or the Director under the Nursing Home Care Act 
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before the effective date of this Act with respect to a 
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facility subject to licensure under this Act. That finding, 
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decision, or action shall continue to apply to the facility on 
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and after the effective date of this Act. Any finding, 
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decision, or action with respect to the facility made or taken 
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on or after the effective date of this Act shall be made or 
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taken as provided in this Act. 

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(Source: P.A. 96-339, eff. 7-1-10.)
 
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    (210 ILCS 47/3-305)
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    (This Section may contain text from a Public Act with a 
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delayed effective date)
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    Sec. 3-305. Penalties or fines. The license of a facility 
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which is in violation of this Act or any rule adopted 
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thereunder may be subject to the penalties or fines levied by 
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the Department as specified in this Section.
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        (1) Unless a greater penalty or fine is allowed under 
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    subsection (3), a licensee who commits a Type "A" violation 
 


 






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    as defined in Section 1-129 is automatically issued a 
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    conditional license for a period of 6 months to coincide 
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    with an acceptable plan of correction and assessed a fine 
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    computed at a rate of $5.00 per resident in the facility 
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    plus 20 cents per resident for each day of the violation, 
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    commencing on the date a notice of the violation is served 
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    under Section 3-301 and ending on the date the violation is 
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    corrected, or a fine not greater than $50 per licensed bed 
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    of not less than $5,000, or when death, serious mental or 
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    physical harm, permanent disability, or disfigurement 
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    results, a fine of not greater than $100 per licensed bed 
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    not less than $10,000, whichever is greater.
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        (2) A licensee who commits a Type "B" violation or who 
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    is issued an administrative warning for a violation of 
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    Sections 3-401 through 3-413 or the rules promulgated 
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    thereunder is subject to a penalty computed at a rate of $3 
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    per resident in the facility, plus 15 cents per resident 
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    for each day of the violation, commencing on the date a 
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    notice of the violation is served under Section 3-301 and 
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    ending on the date the violation is corrected, or a fine 
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    not less than $5 per licensed bed $500, whichever is 
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    greater. Such fine shall be assessed on the date of notice 
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    of the violation and shall be suspended for violations that 
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    continue after such date upon completion of a plan of 
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    correction in accordance with Section 3-308 in relation to 
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    the assessment of fines and correction. Failure to correct 
 


 






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    such violation within the time period approved under a plan 
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    of correction shall result in a fine and conditional 
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    license as provided under subsection (5).
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        (3) A licensee who commits a Type "A" violation as 
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    defined in Section 1-129 which continues beyond the time 
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    specified in paragraph (a) of Section 3-303 3 303 which is 
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    cited as a repeat violation shall have its license revoked 
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    and shall be assessed a fine of 3 times the fine computed 
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    per resident per day under subsection (1).
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        (4) A licensee who fails to satisfactorily comply with 
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    an accepted plan of correction for a Type "B" violation or 
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    an administrative warning issued pursuant to Sections 
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    3-401 through 3-413 or the rules promulgated thereunder 
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    shall be automatically issued a conditional license for a 
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    period of not less than 6 months. A second or subsequent 
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    acceptable plan of correction shall be filed. A fine shall 
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    be assessed in accordance with subsection (2) when cited 
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    for the repeat violation. This fine shall be computed for 
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    all days of the violation, including the duration of the 
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    first plan of correction compliance time.
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        (5) For the purpose of computing a penalty under 
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    subsections (2) through (4), the number of residents per 
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    day shall be based on the average number of residents in 
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    the facility during the 30 days preceding the discovery of 
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    the violation.
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        (6) When the Department finds that a provision of 
 


 






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    Article II has been violated with regard to a particular 
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    resident, the Department shall issue an order requiring the 
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    facility to reimburse the resident for injuries incurred, 
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    or $100, whichever is greater. In the case of a violation 
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    involving any action other than theft of money belonging to 
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    a resident, reimbursement shall be ordered only if a 
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    provision of Article II has been violated with regard to 
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    that or any other resident of the facility within the 2 
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    years immediately preceding the violation in question.
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        (7) For purposes of assessing fines under this Section, 
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    a repeat violation shall be a violation which has been 
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    cited during one inspection of the facility for which an 
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    accepted plan of correction was not complied with. A repeat 
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    violation shall not be a new citation of the same rule, 
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    unless the licensee is not substantially addressing the 
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    issue routinely throughout the facility.

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(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
 
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    (210 ILCS 47/3-306)
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    (This Section may contain text from a Public Act with a 
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delayed effective date)
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    Sec. 3-306. Factors to be considered in determining 
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penalty. In determining whether a penalty is to be imposed and 
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in fixing the amount of the penalty to be imposed, if any, for 
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a violation, the Director shall consider the following factors:
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        (1) The gravity of the violation, including the 
 


 






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    probability that death or serious physical or mental harm 
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    to a resident will result or has resulted; the severity of 
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    the actual or potential harm, and the extent to which the 
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    provisions of the applicable statutes or regulations were 
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    violated;
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        (2) The reasonable diligence exercised by the licensee 
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    and efforts to correct violations;
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        (3) Any previous violations committed by the licensee; 
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    and
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        (4) The financial benefit to the facility of committing 
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    or continuing the violation; and .

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        (5) The average occupancy of the facility calculated 
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    over the past 3 months. 
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(Source: P.A. 96-339, eff. 7-1-10.)
 
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    (210 ILCS 47/3-308)
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    (This Section may contain text from a Public Act with a 
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delayed effective date)
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    Sec. 3-308. Time of assessment; plan of correction. In the 
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case of a Type "A" violation, a penalty may be assessed from 
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the date on which the violation is discovered. In the case of a 
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Type "B" or Type "C" violation or an administrative warning 
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issued pursuant to Sections 3-401 through 3-413 or the rules 
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promulgated thereunder, the facility shall submit a plan of 
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correction as provided in Section 3-303.
    In the case of a Type 
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"B" violation or an administrative warning issued pursuant to 
 


 






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Sections 3-401 through 3-413 or the rules promulgated 
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thereunder, a penalty shall be assessed on the date of notice 
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of the violation, but the Director may reduce the amount or 
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waive such payment for any of the following reasons:
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    (a) The facility submits a true report of correction
    within 
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10 days;
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    (b) The facility submits a plan of correction within
    10 
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days and subsequently submits a true report of correction 
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within 15 days thereafter;
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    (c) The facility submits a plan of correction within
    10 
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days which provides for a correction time that is less than or 
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equal to 30 days and the Department approves such plan; or
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    (d) The facility submits a plan of correction for
    
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violations involving substantial capital improvements which 
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provides for correction within the initial 90 day limit 
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provided under Section 3-303.

    The Director shall consider the 
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following factors in determinations to reduce or waive such 
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penalties:
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        (1) The violation has not caused actual harm to a
    
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    resident;
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        (2) The facility has made a diligent effort to
    correct 
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    the violation and to prevent its recurrence;
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        (3) The facility has no record of a pervasive
    pattern 
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    of the same or similar violations; and
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        (4) The facility has a record of substantial
    compliance 
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    with this Act and the regulations promulgated hereunder.
 


 






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    If a plan of correction is approved and carried out for a 
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Type "C" violation, the fine provided under Section 3-305 shall 
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be suspended for the time period specified in the approved plan 
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of correction. If a plan of correction is approved and carried 
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out for a Type "B" violation or an administrative warning 
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issued pursuant to Sections 3-401 through 3-413 or the rules 
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promulgated thereunder, with respect to a violation that 
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continues after the date of notice of violation, the fine 
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provided under Section 3-305 shall be suspended for the time 
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period specified in the approved plan of correction.
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    If a good faith plan of correction is not received within 
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the time provided by Section 3-303, a penalty may be assessed 
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from the date of the notice of the Type "B" or "C" violation or 
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an administrative warning issued pursuant to Sections 3-401 
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through 3-413 or the rules promulgated thereunder served under 
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Section 3-301 until the date of the receipt of a good faith 
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plan of correction, or until the date the violation is 
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corrected, whichever is earlier. If a violation is not 
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corrected within the time specified by an approved plan of 
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correction or any lawful extension thereof, a penalty may be 
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assessed from the date of notice of the violation, until the 
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date the violation is corrected.

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(Source: P.A. 96-339, eff. 7-1-10.)
 

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    Section 99. Effective date. This Act takes effect July 1, 
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2010.".