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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 2-204 as follows:
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6 | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
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7 | Sec. 2-204. The Director shall appoint a Long-Term Care | |||||||||||||||||||
8 | Facility Advisory
Board to consult with the Department and the | |||||||||||||||||||
9 | residents' advisory councils
created under Section 2-203.
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10 | (a) The Board shall be comprised of the following persons:
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11 | (1) The Director who shall serve as chairman, ex | |||||||||||||||||||
12 | officio and nonvoting;
and
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13 | (2) One representative each of the Department of | |||||||||||||||||||
14 | Healthcare and Family Services, the
Department of Human | |||||||||||||||||||
15 | Services, the Department on
Aging, and the Office of the | |||||||||||||||||||
16 | State Fire Marshal, all nonvoting members;
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17 | (3) One member who shall be a physician licensed to | |||||||||||||||||||
18 | practice medicine
in all its branches;
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19 | (4) One member who shall be a registered nurse selected | |||||||||||||||||||
20 | from the
recommendations of professional nursing | |||||||||||||||||||
21 | associations;
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22 | (5) Four members who shall be selected from the | |||||||||||||||||||
23 | recommendations by
organizations whose membership consists |
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1 | of facilities;
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2 | (6) Two members who shall represent the general public | ||||||
3 | who are not members
of a residents' advisory council | ||||||
4 | established under Section 2-203 and who
have no | ||||||
5 | responsibility for management or formation of policy or | ||||||
6 | financial
interest in a facility;
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7 | (7) One member who is a member of a residents' advisory | ||||||
8 | council
established under Section 2-203 and is capable of | ||||||
9 | actively participating on the
Board; and
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10 | (8) One member who shall be selected from the | ||||||
11 | recommendations of
consumer organizations which engage | ||||||
12 | solely in advocacy or legal
representation on behalf of | ||||||
13 | residents and their immediate families.
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14 | (b) The terms of those members of the Board appointed prior | ||||||
15 | to the
effective date of this amendatory Act of 1988 shall | ||||||
16 | expire on December 31,
1988. Members of the Board created by | ||||||
17 | this amendatory Act of 1988 shall be
appointed to serve for | ||||||
18 | terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 | ||||||
19 | years. The member of the Board added by this amendatory Act
of | ||||||
20 | 1989 shall be appointed to serve for a term of 4 years. Each | ||||||
21 | successor
member shall be appointed for a term of 4 years. Any | ||||||
22 | member appointed to fill
a vacancy occurring prior to the | ||||||
23 | expiration of the term for which his
predecessor was appointed | ||||||
24 | shall be appointed for the remainder of such term.
The Board | ||||||
25 | shall meet as frequently as the chairman deems necessary, but | ||||||
26 | not
less than 4 times each year. Upon request by 4 or more |
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1 | members the chairman
shall call a meeting of the Board. A | ||||||
2 | majority of appointed members shall constitute a quorum. When a | ||||||
3 | quorum is present, a majority of votes cast The affirmative | ||||||
4 | vote of 6 members of the
Board shall be necessary for Board | ||||||
5 | action. A member of the Board can designate
a replacement to | ||||||
6 | serve at the Board meeting and vote in place of the member by
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7 | submitting a letter of designation to the chairman prior to or | ||||||
8 | at the
Board meeting. The Board members shall be reimbursed for | ||||||
9 | their actual
expenses incurred in the performance of their | ||||||
10 | duties.
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11 | (c) The Advisory Board shall advise the Department of | ||||||
12 | Public Health on
all aspects of its responsibilities under this | ||||||
13 | Act and the Specialized Mental Health Rehabilitation Act of | ||||||
14 | 2013, including the format
and content of any rules promulgated | ||||||
15 | by the Department of Public Health.
Any such rules, except | ||||||
16 | emergency rules promulgated pursuant to Section 5-45 of
the | ||||||
17 | Illinois Administrative Procedure Act, promulgated without
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18 | obtaining the advice of the Advisory Board are null and void. | ||||||
19 | In the event
that the Department fails to follow the advice of | ||||||
20 | the Board, the Department
shall, prior to the promulgation of | ||||||
21 | such rules, transmit a written explanation
of the reason | ||||||
22 | thereof to the Board. During its review of rules, the Board
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23 | shall analyze the economic and regulatory impact of those | ||||||
24 | rules. If the
Advisory Board, having been asked for its advice, | ||||||
25 | fails to advise the
Department within 90 days, the rules shall | ||||||
26 | be considered acted upon.
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1 | (Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13; | ||||||
2 | 98-463, eff. 8-16-13.)
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