Rep. André M. Thapedi
Filed: 1/31/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 66 




2    AMENDMENT NO. ______. Amend House Bill 66 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Nursing Home Care Act is amended  by 
5changing Section 3-103 and  by adding Section 3-216 as follows:
 



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



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

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

10    the Department on forms furnished by the Department and 
11    shall contain such information as the Department 
12    reasonably requires, which may include affirmative 
13    evidence of the ability to comply with such reasonable 
14    standards and rules as are lawfully prescribed under this 
15    Article.

16        (2)
All license applications shall be accompanied with 
 
 
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1    an application fee.
The fee
for an annual license shall be 
2    $999 $1,990. Facilities that pay a fee or assessment 
3    pursuant to Article V-C of the Illinois Public Aid Code 
4    shall be exempt from the license fee imposed under this 
5    item (2). The fee for a 2-year
license shall be double the 
6    fee for the annual license. The
fees collected
shall be 
7    deposited with the State Treasurer into the Long Term Care

8    Monitor/Receiver Fund, which has been created as a special 
9    fund in the State
treasury.
This special fund is to be used 
10    by the Department for expenses related to
the appointment 
11    of monitors and receivers as contained in Sections 3-501

12    through 3-517 of this Act, for the enforcement of this Act, 
13    for expenses related to surveyor development, and for 
14    implementation of the Abuse Prevention Review Team Act. All 
15    federal moneys received as a result of expenditures from 
16    the Fund shall be deposited into the Fund. The Department 
17    may reduce or waive a penalty pursuant to Section 3-308 
18    only if that action will not threaten the ability of the 
19    Department to meet the expenses required to be met by the 
20    Long Term Care Monitor/Receiver Fund. The application 
21    shall be under
oath and the submission of false or 
22    misleading information shall be a Class
A misdemeanor. The 
23    application shall contain the following information:


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

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


7            (c) The name of the person or persons under whose 
8        management or
supervision
the facility will be 
9        conducted;


10            (d) The number and type of residents for which 
11        maintenance, personal care,
or nursing is to be 
12        provided; and


13            (e) Such information relating to the number, 
14        experience, and training
of the employees of the 
15        facility, any management agreements for the operation

16        of the facility, and of the moral character of the 
17        applicant and employees
as the Department may deem 
18        necessary.

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

2    advise the Department every 6 months of any changes in the 
3    information
originally provided in the application.

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

9        (5) An application for a license to operate a facility 
10    also shall include affirmative evidence of the ability to 
11    comply with the requirement of Section 3-216 of this Act. 
12(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; 
1396-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff. 
141-1-12.)

 
15    (210 ILCS 45/3-216 new)
16    Sec. 3-216. Liability insurance requirement.
17    (a) An owner or operator of a facility shall purchase and 
18maintain not less than $750,000 in liability insurance for each 
19facility.  The liability insurance shall cover each resident per 
20occurrence of negligence.
21    (b) The liability coverage amount described in this Section 
22shall include coverage for indemnity of the insured only.  The 
23cost of defending the insured shall not be covered.
24    (c) No person may establish, own, or operate a facility in 
25the State unless and until the person provides proof of 
 
 
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1liability insurance coverage as described under this Section to 
2the Department.
3    (d) The Department shall suspend or revoke the license or 
4certificate of any facility whose owner or operator violates 
5the provisions of this Section.
 
 
6    Section 99. Effective date. This Act takes effect upon 
7becoming law.".