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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5602 Introduced , by Rep. Michael Unes SYNOPSIS AS INTRODUCED:
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Amends the Nursing Home Care Act. Provides that if the Department of Public Health fails to provide a written explanation of the reason or reasons why evidence or arguments submitted for an informal dispute resolution were insufficient to refute the informal dispute resolution findings within 30 days of receiving the informal dispute resolution, then the alleged licensure violation shall be withdrawn from the official record and no penalty shall be imposed. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5602 | | LRB099 19007 MJP 43396 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Nursing Home Care Act is amended by changing |
| 5 | | Section 3-713.5 as follows:
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| 6 | | (210 ILCS 45/3-713.5) |
| 7 | | Sec. 3-713.5. Informal dispute resolution. Pursuant to the |
| 8 | | requirements of subsection (c) of Section 3-212 of this Act, |
| 9 | | when a facility submits comments to licensure findings, it |
| 10 | | shall be considered an informal dispute resolution if the same |
| 11 | | findings were not submitted for an informal dispute resolution |
| 12 | | pursuant to protocols for federal certification deficiencies |
| 13 | | established by the federal Centers for Medicare and Medicaid |
| 14 | | Services. The Department shall review documentation submitted |
| 15 | | as the basis for an informal dispute resolution. If the |
| 16 | | Department determines that the submitted evidence or arguments |
| 17 | | were insufficient to refute the findings, then the Department |
| 18 | | shall provide a written explanation of the reason or reasons |
| 19 | | why the evidence or arguments were insufficient to refute the |
| 20 | | finding. If the Department fails to provide a written |
| 21 | | explanation of the reason or reasons why the evidence or |
| 22 | | arguments were insufficient to refute the informal dispute |
| 23 | | resolution findings within 30 days of receipt, the alleged, |