SB2353 98TH GENERAL ASSEMBLY

LRB098 08114 DRJ 38205 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2353

Introduced 2/15/2013, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-207	from Ch. 111 1/2, par. 4153-207
210 ILCS 45/3-304.1
210 ILCS 47/3-207
210 ILCS 47/3-304.1
210 ILCS 48/3-207
210 ILCS 48/3-304.1

Amends the Nursing Home Care Act, the ID/DD Community Care Act, and the Specialized Mental Health Rehabilitation Act. Provides that a facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department of Public Health (IDPH) an electronic copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services; provides a penalty for failure to comply. Adds certain information regarding nursing homes that IDPH must make available to the public on the World Wide Web, including certain cost reports and statements and whether the facility is part of a chain. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Sections 3-207 and 3-304.1 as follows:

(210 ILCS 45/3-207) (from Ch. 111 1/2, par. 4153-207)

Sec. 3-207. Statement of ownership.

(a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership within 10 days of any change.

(b) The statement of ownership shall include the following:

(1) The name, address, telephone number, occupation or business activity, business address and business telephone number of the person who is the owner of the facility and every person who owns the building in which the facility is located, if other than the owner of the facility, which is the subject of the application or license; and if the owner is a partnership or corporation, the name of every partner and stockholder of the owner;

(2) The name and address of any facility, wherever located, any financial interest in which is owned by the applicant, if the facility were required to be licensed if it were located in this State;

(3) Other information necessary to determine the identity and qualifications of an applicant or licensee to operate a facility in accordance with this Act as required by the Department in regulations.

(c) The information in the statement of ownership shall be public information and shall be available from the Department.

(d) A facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department an electronic copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services. The facility shall send the cost statement in electronic form to the Department forthwith after it submits the statement to the Department of Health and Human Services. Each week that a facility fails to comply with the requirements of this subsection shall be cited as a separate administrative warning.

(Source: P.A. 85-1183.)

(210 ILCS 45/3-304.1)

Sec. 3-304.1. Public computer access to information.

(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:

(1) who regulates nursing homes;

(2) information in the possession of the Department that is listed in Sections 3-210 and 3-304;

(3) deficiencies and plans of correction;

(4) enforcement remedies;

(5) penalty letters;

(6) designation of penalty monies;

(7) the U.S. Department of Health and Human Services' Health Care Financing Administration special projects or federally required inspections;

(8) advisory standards;

(9) deficiency-free surveys;

(10) enforcement actions and enforcement summaries; and

(11) distressed facilities; .

(12) a link to the most recent facility cost report filed with the Department of Healthcare and Family Services;

(13) a link to the most recent Consumer Choice Information Report filed with the Department on Aging;

(14) whether the facility is part of a chain; the facility shall be deemed part of a chain if it meets criteria established by the United States Department of Health and Human Services that identify it as owned by a chain organization; and

(15) a copy of the latest Home Office Cost Statement, if any, filed by the home office of the owner of the facility with the United States Department of Health and Human Services.

(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.

(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.

(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.

(Source: P.A. 96-1372, eff. 7-29-10.)

Section 10. The ID/DD Community Care Act is amended by changing Sections 3-207 and 3-304.1 as follows:

(210 ILCS 47/3-207)

Sec. 3-207. Statement of ownership.

(a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership within 10 days of any change.

(b) The statement of ownership shall include the following:

(1) The name, address, telephone number, occupation or business activity, business address and business telephone number of the person who is the owner of the facility and every person who owns the building in which the facility is located, if other than the owner of the facility, which is the subject of the application or license; and if the owner is a partnership or corporation, the name of every partner and stockholder of the owner;

(2) The name and address of any facility, wherever located, any financial interest in which is owned by the applicant, if the facility were required to be licensed if it were located in this State;

(3) Other information necessary to determine the identity and qualifications of an applicant or licensee to operate a facility in accordance with this Act as required by the Department in regulations.

(c) The information in the statement of ownership shall be public information and shall be available from the Department.

(d) A facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department an electronic copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services. The facility shall send the cost statement in electronic form to the Department forthwith after it submits the statement to the Department of Health and Human Services. Each week that a facility fails to comply with the requirements of this subsection shall be cited as a separate administrative warning.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-304.1)

Sec. 3-304.1. Public computer access to information.

(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:

(1) who regulates facilities licensed under this Act;

(2) information in the possession of the Department that is listed in Sections 3-210 and 3-304;

(3) deficiencies and plans of correction;

(4) enforcement remedies;

(5) penalty letters;

(6) designation of penalty monies;

(7) the U.S. Department of Health and Human Services' Health Care Financing Administration special projects or federally required inspections;

(8) advisory standards;

(9) deficiency free surveys;

(10) enforcement actions and enforcement summaries; and

(11) distressed facilities; .

(12) a link to the most recent facility cost report filed with the Department of Healthcare and Family Services;

(13) a link to the most recent Consumer Choice Information Report filed with the Department on Aging;

(14) whether the facility is part of a chain; the facility shall be deemed part of a chain if it meets criteria established by the United States Department of Health and Human Services that identify it as owned by a chain organization; and

(15) a copy of the latest Home Office Cost Statement, if any, filed by the home office of the owner of the facility with the United States Department of Health and Human Services.

(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.

(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.

(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)

Section 15. The Specialized Mental Health Rehabilitation Act is amended by changing Sections 3-207 and 3-304.1 as follows:

(210 ILCS 48/3-207)

Sec. 3-207. Statement of ownership.

(a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership within 10 days of any change.

(b) The statement of ownership shall include the following:

(1) The name, address, telephone number, occupation or business activity, business address and business telephone number of the person who is the owner of the facility and every person who owns the building in which the facility is located, if other than the owner of the facility, which is the subject of the application or license; and if the owner is a partnership or corporation, the name of every partner and stockholder of the owner;

(2) The name and address of any facility, wherever whereever located, any financial interest in which is owned by the applicant, if the facility were required to be licensed if it were located in this State;

(3) Other information necessary to determine the identity and qualifications of an applicant or licensee to operate a facility in accordance with this Act as required by the Department in regulations.

(c) The information in the statement of ownership shall be public information and shall be available from the Department.

(d) A facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department an electronic copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services. The facility shall send the cost statement in electronic form to the Department forthwith after it submits the statement to the Department of Health and Human Services. Each week that a facility fails to comply with the requirements of this subsection shall be cited as a separate administrative warning.

(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)

(210 ILCS 48/3-304.1)

Sec. 3-304.1. Public computer access to information.

(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:

(1) who regulates facilities licensed under this Act;

(2) information in the possession of the Department that is listed in Sections 3-210 and 3-304;

(3) deficiencies and plans of correction;

(4) enforcement remedies;

(5) penalty letters;

(6) designation of penalty monies;

(7) the U.S. Department of Health and Human Services' special projects or federally required inspections;

(8) advisory standards;

(9) deficiency free surveys;

(10) enforcement actions and enforcement summaries; and

(11) distressed facilities; .

(12) a link to the most recent facility cost report filed with the Department of Healthcare and Family Services;

(13) a link to the most recent Consumer Choice Information Report filed with the Department on Aging;

(14) whether the facility is part of a chain; the facility shall be deemed part of a chain if it meets criteria established by the United States Department of Health and Human Services that identify it as owned by a chain organization; and

(15) a copy of the latest Home Office Cost Statement, if any, filed by the home office of the owner of the facility with the United States Department of Health and Human Services.

(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.

(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.

(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.

(Source: P.A. 97-38, eff. 6-28-11.)

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