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Sen. Jacqueline Y. Collins
Filed: 4/5/2019
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1 | | AMENDMENT TO SENATE BILL 1510
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1510, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Nursing Home Care Act is amended by |
6 | | changing Sections 2-106.1, 2-204, 3-202.05, and 3-209 and by |
7 | | adding Section 3-305.8 as follows: |
8 | | (210 ILCS 45/2-106.1)
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9 | | Sec. 2-106.1. Drug treatment.
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10 | | (a) A resident shall not be given unnecessary drugs. An
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11 | | unnecessary drug is any drug used in an excessive dose, |
12 | | including in
duplicative therapy; for excessive duration; |
13 | | without adequate
monitoring; without adequate indications for |
14 | | its use; or in the
presence of adverse consequences that |
15 | | indicate the drugs should be reduced or
discontinued. The |
16 | | Department shall adopt, by rule, the standards
for unnecessary
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1 | | drugs
contained in interpretive guidelines issued by the United |
2 | | States Department of
Health and Human Services for the purposes |
3 | | of administering Titles XVIII and XIX of
the Social Security |
4 | | Act.
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5 | | (b) Psychotropic medication shall not be administered |
6 | | prescribed without the informed
consent of the resident or , the |
7 | | resident's surrogate decision maker guardian, or other |
8 | | authorized
representative . "Psychotropic medication"
means |
9 | | medication that
is used for or listed as used for psychotropic |
10 | | antipsychotic , antidepressant, antimanic, or
antianxiety |
11 | | behavior modification or behavior management purposes in the |
12 | | latest
editions of the AMA Drug Evaluations or the Physician's |
13 | | Desk Reference. No later than January 1, 2021, the
The |
14 | | Department shall adopt, by rule, a protocol specifying how |
15 | | informed consent for psychotropic medication may be obtained or |
16 | | refused. The protocol shall require, at a minimum, a discussion |
17 | | between (i) the resident or the resident's surrogate decision |
18 | | maker authorized representative and (ii) the resident's |
19 | | physician, a registered pharmacist (who is not a dispensing |
20 | | pharmacist for the facility where the resident lives), or a |
21 | | licensed nurse about the possible risks and benefits of a |
22 | | recommended medication and the use of standardized consent |
23 | | forms designated by the Department. The protocol shall include |
24 | | informing the resident, surrogate decision maker, or both of |
25 | | the existence of a copy of: the resident's care plan; the |
26 | | facility policies and procedures adopted in compliance with |
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1 | | subsection (b-15) of this Section; and that all of the |
2 | | resident's care plans and the facility's policies are available |
3 | | to the resident or surrogate decision maker upon request. Each |
4 | | form developed by the Department (i) shall be written in plain |
5 | | language, (ii) shall be able to be downloaded from the |
6 | | Department's official website, (iii) shall include information |
7 | | specific to the psychotropic medication for which consent is |
8 | | being sought, and (iv) shall be used for every resident for |
9 | | whom psychotropic drugs are prescribed. The Department shall |
10 | | utilize the rules, protocols, and forms previously developed |
11 | | and implemented under the Specialized Mental Health |
12 | | Rehabilitation Act of 2013, except to the extent that this Act |
13 | | requires a different procedure, and except that the maximum |
14 | | possible period for informed consent shall be until: (1) a |
15 | | change in the prescription occurs, either as to type of |
16 | | psychotropic medication or dosage; or (2) a resident's care |
17 | | plan changes. The Department shall not be liable for the |
18 | | implementation of these rules, protocols, or forms. In addition |
19 | | to creating those forms, the Department shall approve the use |
20 | | of any other informed consent forms that meet criteria |
21 | | developed by the Department. At the discretion of the |
22 | | Department, informed consent forms may include side effects |
23 | | that the Department reasonably believes are more common, with a |
24 | | direction that more complete information can be found via a |
25 | | link on the Department's website to third-party websites with |
26 | | more complete information, such as the United States Food and |
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1 | | Drug Administration's website. The Department or a facility |
2 | | shall incur no liability for information provided on a consent |
3 | | form so long as the consent form is substantially accurate |
4 | | based upon generally accepted medical principles and, in the |
5 | | case of the Department's liability, if the Department |
6 | | references the website links. |
7 | | Informed consent shall be sought by the facility from the |
8 | | resident unless the resident's attending physician determines |
9 | | that the resident lacks decisional capacity, as determined |
10 | | under the Health Care Surrogate Act. If the resident lacks |
11 | | decisional capacity, the facility shall seek informed consent |
12 | | from the resident's surrogate decision maker. |
13 | | For the purpose of this Section, "surrogate decision maker" |
14 | | means the following persons to be given priority in the order |
15 | | presented: (1) the guardian of the resident appointed under the |
16 | | Uniform Adult Guardianship and Protection Proceedings |
17 | | Jurisdiction Act; (2) the resident's attorney-in-fact who has |
18 | | been designated under the Mental Health Treatment Preference |
19 | | Declaration Act; (3) the resident's health care agent who has |
20 | | the authority to give consent under the Illinois Power of |
21 | | Attorney Act; (4) the resident's surrogate decision maker under |
22 | | the Health Care Surrogate Act; and (5) the resident's resident |
23 | | representative, as that term is defined under Section 483.5 of |
24 | | Title 42 of the Code of Federal Regulations. |
25 | | In addition to any other penalty prescribed by law, a |
26 | | facility that is found to have violated this subsection, or the |
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1 | | federal certification requirement that informed consent be |
2 | | obtained before administering a psychotropic medication, shall |
3 | | thereafter be required to obtain the signatures of 2 licensed |
4 | | health care professionals on every form purporting to give |
5 | | informed consent for the administration of a psychotropic |
6 | | medication, certifying the personal knowledge of each health |
7 | | care professional that the consent was obtained in compliance |
8 | | with the requirements of this subsection.
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9 | | (b-5) A facility must obtain voluntary informed consent, in |
10 | | writing, from a resident or the resident's surrogate decision |
11 | | maker before administering or dispensing a psychotropic |
12 | | medication to that resident. |
13 | | (b-10) No facility shall deny admission or continued |
14 | | residency to a person on the basis of the person's or |
15 | | resident's, or the person's or resident's surrogate decision |
16 | | maker's, refusal of the administration of psychotropic |
17 | | medication, unless the facility can demonstrate that the |
18 | | resident's refusal would place the health and safety of the |
19 | | resident, the facility staff, other residents, or visitors at |
20 | | risk. |
21 | | A facility that alleges that the resident's refusal to |
22 | | consent to the administration of psychotropic medication will |
23 | | place the health and safety of the resident, the facility |
24 | | staff, other residents, or visitors at risk must: (1) document |
25 | | the alleged risk in detail; (2) present this documentation to |
26 | | the resident or the resident's surrogate decision maker, to the |
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1 | | Department, and to the Office of the State Long Term Care |
2 | | Ombudsman; and (3) inform the resident or his or her surrogate |
3 | | decision maker of his or her right to appeal to the Department. |
4 | | The documentation of the alleged risk shall include a |
5 | | description of all nonpharmacological or alternative care |
6 | | options attempted and why they were unsuccessful. |
7 | | (b-15) Within 100 days after the effective date of this |
8 | | amendatory Act of the 101st General Assembly, all facilities |
9 | | shall implement written policies and procedures for compliance |
10 | | with this Section. The Department shall thereafter have the |
11 | | discretion to review these written policies and procedures and |
12 | | either: |
13 | | (1) give written notice to the facility that the |
14 | | policies or procedures are sufficient to demonstrate the |
15 | | facility's intent to comply this Section; or |
16 | | (2) provide written notice to the facility that the |
17 | | proposed policies and procedures are deficient, identify |
18 | | the areas that are deficient, and provide 30 days for the |
19 | | facility to submit amended policies and procedures that |
20 | | demonstrate its intent to comply with this Section. |
21 | | A facility's failure to submit the documentation required |
22 | | under this subsection is sufficient to demonstrate its intent |
23 | | to not comply with this Section and shall be grounds for review |
24 | | by the Department. |
25 | | All facilities must provide training and education, as |
26 | | required under this Section, to all personnel involved in |
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1 | | providing care to residents and train and educate such |
2 | | personnel on the methods and procedures to effectively |
3 | | implement the facility's policies. Training and education |
4 | | provided under this Section must be documented in each |
5 | | personnel file. |
6 | | (b-20) Any violation of this Section may be reported to the |
7 | | Department for review. At its discretion, the Department may |
8 | | proceed with disciplinary action against the licensee of the |
9 | | facility and facility administrative personnel. In any |
10 | | administrative disciplinary action under this subsection, the |
11 | | Department shall have the discretion to determine the gravity |
12 | | of the violation and, taking into account mitigating and |
13 | | aggravating circumstances and facts, may adjust the |
14 | | disciplinary action accordingly. |
15 | | (b-25) A violation of informed consent that, for an |
16 | | individual resident, lasts for 7 days or more under this |
17 | | Section is, at a minimum, a Type "A" violation. A second |
18 | | violation of informed consent within a year from a previous |
19 | | violation in the same facility regardless of the duration of |
20 | | the second violation is, at a minimum, a Type "A" violation. |
21 | | (b-30) Any violation of this Section by a facility may be |
22 | | prosecuted by an action brought by the Attorney General of |
23 | | Illinois for injunctive relief, civil penalties, or both |
24 | | injunctive relief and civil penalties in the name of the People |
25 | | of Illinois. The Attorney General may initiate such action upon |
26 | | his or her own complaint or the complaint of any other |
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1 | | interested party. |
2 | | (b-35) Any resident who has been administered a |
3 | | psychotropic medication in violation of this Section may bring |
4 | | an action for injunctive relief, civil damages, and costs and |
5 | | attorney's fees against any person and facility responsible for |
6 | | the violation. |
7 | | (b-40) An action under this Section must be filed within 2 |
8 | | years of either the date of discovery of the violation that |
9 | | gave rise to the claim or the last date of an instance of a |
10 | | noncompliant administration of psychotropic medication to the |
11 | | resident, whichever is later. |
12 | | (b-45) A facility subject to action under this Section |
13 | | shall be liable for damages of up to $500 for each day that the |
14 | | facility or person violates the requirements of this Section. |
15 | | (b-55) The rights provided for in this Section are |
16 | | cumulative to existing resident rights. No part of this Section |
17 | | shall be interpreted as abridging, abrogating, or otherwise |
18 | | diminishing existing resident rights or causes of action at law |
19 | | or equity. |
20 | | (c) The requirements of
this Section are intended to |
21 | | control in a conflict
with the requirements of Sections 2-102 |
22 | | and 2-107.2
of the Mental Health and Developmental Disabilities |
23 | | Code with respect to the
administration of psychotropic |
24 | | medication.
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25 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
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1 | | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
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2 | | Sec. 2-204. The Director shall appoint a Long-Term Care |
3 | | Facility Advisory
Board to consult with the Department and the |
4 | | residents' advisory councils
created under Section 2-203.
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5 | | (a) The Board shall be comprised of the following persons:
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6 | | (1) The Director who shall serve as chairman, ex |
7 | | officio and nonvoting;
and
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8 | | (2) One representative each of the Department of |
9 | | Healthcare and Family Services, the
Department of Human |
10 | | Services, the Department on
Aging, and the Office of the |
11 | | State Fire Marshal, all nonvoting members;
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12 | | (3) One member who shall be a physician licensed to |
13 | | practice medicine
in all its branches;
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14 | | (4) One member who shall be a registered nurse selected |
15 | | from the
recommendations of professional nursing |
16 | | associations;
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17 | | (5) Four members who shall be selected from the |
18 | | recommendations by
organizations whose membership consists |
19 | | of facilities;
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20 | | (6) Two members who shall represent the general public |
21 | | who are not members
of a residents' advisory council |
22 | | established under Section 2-203 and who
have no |
23 | | responsibility for management or formation of policy or |
24 | | financial
interest in a facility;
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25 | | (7) One member who is a member of a residents' advisory |
26 | | council
established under Section 2-203 and is capable of |
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1 | | actively participating on the
Board , or, if the Department |
2 | | is unable to identify a member meeting these requirements, |
3 | | one member who shall be a certified sub-state ombudsman |
4 | | experienced in working with resident councils ; and
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5 | | (8) One member who shall be selected from the |
6 | | recommendations of
consumer organizations which engage |
7 | | solely in advocacy or legal
representation on behalf of |
8 | | residents and their immediate families ; . |
9 | | (9) One member who is from a nongovernmental statewide |
10 | | organization that advocates for seniors and Illinois |
11 | | residents over the age of 50; |
12 | | (10) One member who is from a statewide association |
13 | | dedicated to Alzheimer's disease care, support, and |
14 | | research; |
15 | | (11) One member who is a member of a trade or labor |
16 | | union representing persons who provide care services in |
17 | | facilities; and |
18 | | (12) One member who advocates for the welfare, rights, |
19 | | and care of long-term care residents and represents family |
20 | | caregivers of residents in facilities.
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21 | | (b) The terms of those members of the Board appointed prior |
22 | | to the
effective date of this amendatory Act of 1988 shall |
23 | | expire on December 31,
1988. Members of the Board created by |
24 | | this amendatory Act of 1988 shall be
appointed to serve for |
25 | | terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 |
26 | | years. The member of the Board added by this amendatory Act
of |
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1 | | 1989 shall be appointed to serve for a term of 4 years. Each |
2 | | successor
member shall be appointed for a term of 4 years. Any |
3 | | member appointed to fill
a vacancy occurring prior to the |
4 | | expiration of the term for which his
predecessor was appointed |
5 | | shall be appointed for the remainder of such term.
The Board |
6 | | shall meet as frequently as the chairman deems necessary, but |
7 | | not
less than 4 times each year. Upon request by 4 or more |
8 | | members the chairman
shall call a meeting of the Board. The |
9 | | affirmative vote of 7 6 members of the
Board shall be necessary |
10 | | for Board action. A member of the Board can designate
a |
11 | | replacement to serve at the Board meeting and vote in place of |
12 | | the member by
submitting a letter of designation to the |
13 | | chairman prior to or at the
Board meeting. The Board members |
14 | | shall be reimbursed for their actual
expenses incurred in the |
15 | | performance of their duties.
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16 | | (c) The Advisory Board shall advise the Department of |
17 | | Public Health on
all aspects of its responsibilities under this |
18 | | Act and the Specialized Mental Health Rehabilitation Act of |
19 | | 2013, including the format
and content of any rules promulgated |
20 | | by the Department of Public Health .
Any such rules, except |
21 | | emergency rules promulgated pursuant to Section 5-45 of
the |
22 | | Illinois Administrative Procedure Act, promulgated without
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23 | | obtaining the advice of the Advisory Board are null and void. |
24 | | In the event
that the Department fails to follow the advice of |
25 | | the Board, the Department
shall, prior to the promulgation of |
26 | | such rules, transmit a written explanation
of the reason |
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1 | | thereof to the Board. During its review of rules, the Board
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2 | | shall analyze the economic and regulatory impact of those |
3 | | rules. If the
Advisory Board, having been asked for its advice, |
4 | | fails to advise the
Department within 90 days, the rules shall |
5 | | be considered acted upon.
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6 | | (Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13; |
7 | | 98-463, eff. 8-16-13.)
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8 | | (210 ILCS 45/3-202.05) |
9 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and |
10 | | thereafter. |
11 | | (a) For the purpose of computing staff to resident ratios, |
12 | | direct care staff shall include: |
13 | | (1) registered nurses; |
14 | | (2) licensed practical nurses; |
15 | | (3) certified nurse assistants; |
16 | | (4) psychiatric services rehabilitation aides; |
17 | | (5) rehabilitation and therapy aides; |
18 | | (6) psychiatric services rehabilitation coordinators; |
19 | | (7) assistant directors of nursing; |
20 | | (8) 50% of the Director of Nurses' time; and |
21 | | (9) 30% of the Social Services Directors' time. |
22 | | The Department shall, by rule, allow certain facilities |
23 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart |
24 | | S) to utilize specialized clinical staff, as defined in rules, |
25 | | to count towards the staffing ratios. |
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1 | | Within 120 days of the effective date of this amendatory |
2 | | Act of the 97th General Assembly, the Department shall |
3 | | promulgate rules specific to the staffing requirements for |
4 | | facilities federally defined as Institutions for Mental |
5 | | Disease. These rules shall recognize the unique nature of |
6 | | individuals with chronic mental health conditions, shall |
7 | | include minimum requirements for specialized clinical staff, |
8 | | including clinical social workers, psychiatrists, |
9 | | psychologists, and direct care staff set forth in paragraphs |
10 | | (4) through (6) and any other specialized staff which may be |
11 | | utilized and deemed necessary to count toward staffing ratios. |
12 | | Within 120 days of the effective date of this amendatory |
13 | | Act of the 97th General Assembly, the Department shall |
14 | | promulgate rules specific to the staffing requirements for |
15 | | facilities licensed under the Specialized Mental Health |
16 | | Rehabilitation Act of 2013. These rules shall recognize the |
17 | | unique nature of individuals with chronic mental health |
18 | | conditions, shall include minimum requirements for specialized |
19 | | clinical staff, including clinical social workers, |
20 | | psychiatrists, psychologists, and direct care staff set forth |
21 | | in paragraphs (4) through (6) and any other specialized staff |
22 | | which may be utilized and deemed necessary to count toward |
23 | | staffing ratios. |
24 | | (b) (Blank). Beginning January 1, 2011, and thereafter, |
25 | | light intermediate care shall be staffed at the same staffing |
26 | | ratio as intermediate care. |
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1 | | (b-5) For purposes of the minimum staffing ratios in this |
2 | | Section, all residents shall be classified as requiring either |
3 | | skilled care or intermediate care. |
4 | | As used in this subsection: |
5 | | "Intermediate care" means basic nursing care and other |
6 | | restorative services under periodic medical direction. |
7 | | "Skilled care" means skilled nursing care, continuous |
8 | | skilled nursing observations, restorative nursing, and other |
9 | | services under professional direction with frequent medical |
10 | | supervision. |
11 | | (c) Facilities shall notify the Department within 60 days |
12 | | after the effective date of this amendatory Act of the 96th |
13 | | General Assembly, in a form and manner prescribed by the |
14 | | Department, of the staffing ratios in effect on the effective |
15 | | date of this amendatory Act of the 96th General Assembly for |
16 | | both intermediate and skilled care and the number of residents |
17 | | receiving each level of care. |
18 | | (d)(1) (Blank). Effective July 1, 2010, for each resident |
19 | | needing skilled care, a minimum staffing ratio of 2.5 hours of |
20 | | nursing and personal care each day must be provided; for each |
21 | | resident needing intermediate care, 1.7 hours of nursing and |
22 | | personal care each day must be provided. |
23 | | (2) (Blank). Effective January 1, 2011, the minimum |
24 | | staffing ratios shall be increased to 2.7 hours of nursing and |
25 | | personal care each day for a resident needing skilled care and |
26 | | 1.9 hours of nursing and personal care each day for a resident |
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1 | | needing intermediate care. |
2 | | (3) (Blank). Effective January 1, 2012, the minimum |
3 | | staffing ratios shall be increased to 3.0 hours of nursing and |
4 | | personal care each day for a resident needing skilled care and |
5 | | 2.1 hours of nursing and personal care each day for a resident |
6 | | needing intermediate care. |
7 | | (4) (Blank). Effective January 1, 2013, the minimum |
8 | | staffing ratios shall be increased to 3.4 hours of nursing and |
9 | | personal care each day for a resident needing skilled care and |
10 | | 2.3 hours of nursing and personal care each day for a resident |
11 | | needing intermediate care. |
12 | | (5) Effective January 1, 2014, the minimum staffing ratios |
13 | | shall be increased to 3.8 hours of nursing and personal care |
14 | | each day for a resident needing skilled care and 2.5 hours of |
15 | | nursing and personal care each day for a resident needing |
16 | | intermediate care.
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17 | | (e) Ninety days after the effective date of this amendatory |
18 | | Act of the 97th General Assembly, a minimum of 25% of nursing |
19 | | and personal care time shall be provided by licensed nurses, |
20 | | with at least 10% of nursing and personal care time provided by |
21 | | registered nurses. These minimum requirements shall remain in |
22 | | effect until an acuity based registered nurse requirement is |
23 | | promulgated by rule concurrent with the adoption of the |
24 | | Resource Utilization Group classification-based payment |
25 | | methodology, as provided in Section 5-5.2 of the Illinois |
26 | | Public Aid Code. Registered nurses and licensed practical |
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1 | | nurses employed by a facility in excess of these requirements |
2 | | may be used to satisfy the remaining 75% of the nursing and |
3 | | personal care time requirements. Notwithstanding this |
4 | | subsection, no staffing requirement in statute in effect on the |
5 | | effective date of this amendatory Act of the 97th General |
6 | | Assembly shall be reduced on account of this subsection. |
7 | | (f) The Department shall adopt rules on or before January |
8 | | 1, 2020 establishing a system for determining compliance with |
9 | | minimum direct care staffing standards and the requirements of |
10 | | 77 Ill. Adm. Code 300.1230. Compliance shall be determined at |
11 | | least quarterly using the Centers for Medicare and Medicaid |
12 | | Services' payroll-based journal and the facility's census and |
13 | | payroll data, which shall be obtained quarterly by the |
14 | | Department. The Department shall, at minimum, use the quarterly |
15 | | payroll-based journal and census and payroll data to calculate |
16 | | the number of hours provided per resident per day and compare |
17 | | this ratio to the minimums required by this Section as impacted |
18 | | by a waiver of the percentage requirement under Section |
19 | | 3-303.1. The Department shall publish the data quarterly on its |
20 | | website. |
21 | | In enforcing the minimum staffing ratios, the Department |
22 | | shall take into account that transitions between intermediate |
23 | | care and skilled care occur regularly. |
24 | | (g) The Department shall adopt rules by January 1, 2020 |
25 | | establishing monetary penalties for facilities not in |
26 | | compliance with minimum staffing standards under this Section. |
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1 | | No monetary penalty may be issued during the implementation |
2 | | period, which shall be July 1, 2020 through September 30, 2020. |
3 | | If a facility is found to be noncompliant during the |
4 | | implementation period, the Department shall provide a written |
5 | | notice identifying the staffing deficiency and require the |
6 | | facility to provide a sufficiently detailed correction plan to |
7 | | meet the statutory minimum staffing levels. Monetary penalties |
8 | | shall be imposed beginning no later than October 1, 2020 and |
9 | | quarterly thereafter and shall be based on the latest quarter |
10 | | for which the Department has data. |
11 | | Monetary penalties shall be established based on a formula |
12 | | that calculates the cost of wages and benefits for the missing |
13 | | staff hours and shall be no less than twice the calculated cost |
14 | | of wages and benefits for the missing staff hours during the |
15 | | quarter. The penalty shall be imposed regardless of whether the |
16 | | facility has committed other violations of this Act during the |
17 | | same quarter. The penalty may not be waived; however, if the |
18 | | violation is not more than a 5% deviation of the required |
19 | | minimum staffing requirements, the Department shall have the |
20 | | discretion to determine the gravity of the violation and, |
21 | | taking into account mitigating and aggravating circumstances |
22 | | and facts, may reduce the penalty amount. Nothing in this |
23 | | Section precludes a facility from being given a high risk |
24 | | designation for failing to comply with this Section that, when |
25 | | cited with other violations of this Act, increases the |
26 | | otherwise applicable penalty. |
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1 | | (h) A violation of the minimum staffing requirements under |
2 | | this Section is, at minimum, a Type "B" violation. In the event |
3 | | that the violation is not more than a 5% percent deviation of |
4 | | the required minimum staffing requirements, the Department |
5 | | shall have the discretion to determine the gravity of the |
6 | | violation and, taking into account mitigating and aggravating |
7 | | circumstances and facts, may assess a different type or class |
8 | | of violation. |
9 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
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10 | | (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
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11 | | Sec. 3-209. Required posting of information. |
12 | | (a) Every facility shall conspicuously post for display in |
13 | | an
area of its offices accessible to residents, employees, and |
14 | | visitors the
following:
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15 | | (1) Its current license;
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16 | | (2) A description, provided by the Department, of |
17 | | complaint
procedures established under this Act and the |
18 | | name, address, and
telephone number of a person authorized |
19 | | by the Department to receive
complaints;
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20 | | (3) A copy of any order pertaining to the facility |
21 | | issued by the
Department or a court; and
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22 | | (4) A list of the material available for public |
23 | | inspection under
Section 3-210. |
24 | | (b) A facility that has received a notice of violation for |
25 | | a violation of the minimum staffing requirements under Section |
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1 | | 3-202.05 shall display, for 6 months following the date that |
2 | | the notice of violation was issued, a notice stating in Calibri |
3 | | (body) font and 26-point type in black letters on an 8.5 by 11 |
4 | | inch white paper the following: |
5 | | "Notice Dated: ................... |
6 | | This facility did not have enough staff to meet the minimum |
7 | | staffing ratios for facility residents during the period from |
8 | | ........ to ....... Posted at the direction of the Illinois |
9 | | Department of Public Health."
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10 | | The notice must be posted, at a minimum, at all publicly used |
11 | | exterior entryways into the facility, inside the main entrance |
12 | | lobby, and next to any registration desk for easily accessible |
13 | | viewing. The notice must also be posted on the main page of the |
14 | | facility's website. The Department shall have the discretion to |
15 | | determine the gravity of any violation and, taking into account |
16 | | mitigating and aggravating circumstances and facts, may reduce |
17 | | the requirement of, and amount of time for, posting the notice. |
18 | | (Source: P.A. 81-1349.)
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19 | | (210 ILCS 45/3-305.8 new) |
20 | | Sec. 3-305.8. Database of nursing home quarterly reports |
21 | | and citations. |
22 | | (a) The Department shall publish the quarterly reports of |
23 | | facilities in violation of this Act in an easily searchable, |
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1 | | comprehensive, and downloadable electronic database on the |
2 | | Department's website in language that is easily understood. The |
3 | | database shall include quarterly reports of all facilities that |
4 | | have violated this Act starting from 2005 and shall continue |
5 | | indefinitely. The database shall be in an electronic format |
6 | | with active hyperlinks to individual facility citations. The |
7 | | database shall be updated quarterly and shall be electronically |
8 | | searchable using a facility's name and address and the facility |
9 | | owner's name and address. |
10 | | (b) In lieu of the database under subsection (a), the |
11 | | Department may publish the list mandated under Section 3-304 in |
12 | | an easily searchable, comprehensive, and downloadable |
13 | | electronic database on the Department's website in plain |
14 | | language. The database shall include the information from all |
15 | | such lists since 2005 and shall continue indefinitely. The |
16 | | database shall be in an electronic format with active |
17 | | hyperlinks to individual facility citations. The database |
18 | | shall be updated quarterly and shall be electronically |
19 | | searchable using a facility's name and address and the facility |
20 | | owner's name and address.
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.".
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