Rep. Linda Chapa LaVia

Filed: 5/19/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3835

2    AMENDMENT NO. ______. Amend House Bill 3835 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Veterans Affairs Act is
5amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 3
6and adding Section 2.12 as follows:
 
7    (20 ILCS 2805/1.2)
8    Sec. 1.2. Division of Women Veterans Affairs. Subject to
9appropriations for this purpose, the Division of Women Veterans
10Affairs is created as a Division within the Department. The
11head of the Division shall serve as an Assistant Director of
12Veterans' Affairs. The Division shall serve as an advocate for
13women veterans, in recognition of the unique issues facing
14women veterans. The Division shall assess the needs of women
15veterans with respect to issues including, but not limited to,
16compensation, rehabilitation, outreach, health care, and

 

 

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1issues facing women veterans in the community. The Division
2shall review the Department's programs, activities, research
3projects, and other initiatives designed to meet the needs of
4women veterans and shall make recommendations to the Director
5of Veterans' Affairs concerning ways to improve, modify, and
6effect change in programs and services for women veterans.
7(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
 
8    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
9    Sec. 2. Powers and duties. The Department shall have the
10following powers and duties:
11    To perform such acts at the request of any veteran, or his
12or her spouse, surviving spouse or dependents as shall be
13reasonably necessary or reasonably incident to obtaining or
14endeavoring to obtain for the requester any advantage, benefit
15or emolument accruing or due to such person under any law of
16the United States, the State of Illinois or any other state or
17governmental agency by reason of the service of such veteran,
18and in pursuance thereof shall:
19        (1) Contact veterans, their survivors and dependents
20    and advise them of the benefits of state and federal laws
21    and assist them in obtaining such benefits;
22        (2) Establish field offices and direct the activities
23    of the personnel assigned to such offices;
24        (3) Create and maintain a volunteer field force. The
25    volunteer field force may include representatives from the

 

 

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1    following without limitation: of accredited
2    representatives, representing educational institutions,
3    labor organizations, veterans organizations, employers,
4    churches, and farm organizations;
5        (4) Conduct informational and training services;
6        (5) Conduct educational programs through newspapers,
7    periodicals, social media, television, and radio for the
8    specific purpose of disseminating information affecting
9    veterans and their dependents;
10        (6) Coordinate the services and activities of all state
11    departments having services and resources affecting
12    veterans and their dependents;
13        (7) Encourage and assist in the coordination of
14    agencies within counties giving service to veterans and
15    their dependents;
16        (8) Cooperate with veterans organizations and other
17    governmental agencies;
18        (9) Make, alter, amend and promulgate reasonable rules
19    and procedures for the administration of this Act;
20        (10) Make and publish annual reports to the Governor
21    regarding the administration and general operation of the
22    Department;
23        (11) (Blank); and
24        (12) (Blank).
25    The Department may accept and hold on behalf of the State,
26if for the public interest, a grant, gift, devise or bequest of

 

 

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1money or property to the Department made for the general
2benefit of Illinois veterans, including the conduct of
3informational and training services by the Department and other
4authorized purposes of the Department. The Department shall
5cause each grant, gift, devise or bequest to be kept as a
6distinct fund and shall invest such funds in the manner
7provided by the Public Funds Investment Act, as now or
8hereafter amended, and shall make such reports as may be
9required by the Comptroller concerning what funds are so held
10and the manner in which such funds are invested. The Department
11may make grants from these funds for the general benefit of
12Illinois veterans. Grants from these funds, except for the
13funds established under Sections 2.01a and 2.03, shall be
14subject to appropriation.
15    The Department has the power to make grants, from funds
16appropriated from the Korean War Veterans National Museum and
17Library Fund, to private organizations for the benefit of the
18Korean War Veterans National Museum and Library.
19    The Department has the power to make grants, from funds
20appropriated from the Illinois Military Family Relief Fund, for
21benefits authorized under the Survivors Compensation Act.
22(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
 
23    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
24    Sec. 2.01. Veterans Home admissions.
25    (a) Any honorably discharged veteran is entitled to

 

 

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1admission to an Illinois Veterans Home if the applicant meets
2the requirements of this Section.
3    (b) The veteran must:
4        (1) have served in the armed forces of the United
5    States at least 1 day in World War II, the Korean Conflict,
6    the Viet Nam Campaign, or the Persian Gulf Conflict between
7    the dates recognized by the U.S. Department of Veterans
8    Affairs or between any other present or future dates
9    recognized by the U.S. Department of Veterans Affairs as a
10    war period, or have served in a hostile fire environment
11    and has been awarded a campaign or expeditionary medal
12    signifying his or her service, for purposes of eligibility
13    for domiciliary or nursing home care;
14        (2) have served and been honorably discharged or
15    retired from the armed forces of the United States for a
16    service connected disability or injury, for purposes of
17    eligibility for domiciliary or nursing home care;
18        (3) have served as an enlisted person at least 90 days
19    on active duty in the armed forces of the United States,
20    excluding service on active duty for training purposes
21    only, and entered active duty before September 8, 1980, for
22    purposes of eligibility for domiciliary or nursing home
23    care;
24        (4) have served as an officer at least 90 days on
25    active duty in the armed forces of the United States,
26    excluding service on active duty for training purposes

 

 

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1    only, and entered active duty before October 17, 1981, for
2    purposes of eligibility for domiciliary or nursing home
3    care;
4        (5) have served on active duty in the armed forces of
5    the United States for 24 months of continuous service or
6    more, excluding active duty for training purposes only, and
7    enlisted after September 7, 1980, for purposes of
8    eligibility for domiciliary or nursing home care;
9        (6) have served as a reservist in the armed forces of
10    the United States or the National Guard and the service
11    included being called to federal active duty, excluding
12    service on active duty for training purposes only, and who
13    completed the term, for purposes of eligibility for
14    domiciliary or nursing home care;
15        (7) have been discharged for reasons of hardship or
16    released from active duty due to a reduction in the United
17    States armed forces prior to the completion of the required
18    period of service, regardless of the actual time served,
19    for purposes of eligibility for domiciliary or nursing home
20    care; or
21        (8) have served in the National Guard or Reserve Forces
22    of the United States and completed 20 years of satisfactory
23    service, be otherwise eligible to receive reserve or active
24    duty retirement benefits, and have been an Illinois
25    resident for at least one year before applying for
26    admission for purposes of eligibility for domiciliary care

 

 

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1    only.
2    (c) The veteran must have service accredited to the State
3of Illinois or have been a resident of this State for one year
4immediately preceding the date of application.
5    (d) For admission to the Illinois Veterans Homes at Anna
6and Quincy, the veteran must be disabled by disease, wounds, or
7otherwise and because of the disability be incapable of earning
8a living.
9    (e) For admission to the Illinois Veterans Homes at LaSalle
10and Manteno, the veteran must be disabled by disease, wounds,
11or otherwise and, for purposes of eligibility for nursing home
12care, require nursing care because of the disability.
13    (f) An individual who served during a time of conflict as
14set forth in subsection (a)(1) of this Section has preference
15over all other qualifying candidates, for purposes of
16eligibility for domiciliary or nursing home care at any
17Illinois Veterans Home.
18    (g) A veteran or spouse, once admitted to an Illinois
19Veterans Home facility is considered a resident for
20interfacility purposes.
21(Source: P.A. 97-297, eff. 1-1-12.)
 
22    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
23    Sec. 2.04. There shall be established in the State Treasury
24special funds known as (i) the LaSalle Veterans Home Fund, (ii)
25the Anna Veterans Home Fund, (iii) the Manteno Veterans Home

 

 

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1Fund, and (iv) the Quincy Veterans Home Fund. All moneys
2received by an Illinois Veterans Home from Medicare and from
3maintenance charges to veterans, spouses, and surviving
4spouses residing at that Home shall be paid into that Home's
5Fund. All moneys received from the U.S. Department of Veterans
6Affairs for patient care shall be transmitted to the Treasurer
7of the State for deposit in the Veterans Home Fund for the Home
8in which the veteran resides. Appropriations shall be made from
9a Fund only for the needs of the Home, including capital
10improvements, building rehabilitation, and repairs.
11    The administrator of each Veterans Home shall establish a
12locally-held member's benefits fund. The Director may
13authorize the Veterans Home to conduct limited fundraising in
14accordance with applicable laws and regulations for which the
15sole purpose is to benefit the Veterans Home's member's
16benefits fund. Revenues accruing to an Illinois Veterans Home,
17including any donations, grants for the operation of the Home,
18profits from commissary stores, and funds received from any
19individual or other source, including limited fundraising,
20shall be deposited into that Home's benefits fund. Expenditures
21from the benefits funds shall be solely for the special
22comfort, pleasure, and amusement of residents. Contributors of
23unsolicited private donations may specify the purpose for which
24the private donations are to be used.
25    Upon request of the Department, the State's Attorney of the
26county in which a resident or living former resident of an

 

 

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1Illinois Veterans Home who is liable under this Act for payment
2of sums representing maintenance charges resides shall file an
3action in a court of competent jurisdiction against any such
4person who fails or refuses to pay such sums. The court may
5order the payment of sums due to maintenance charges for such
6period or periods of time as the circumstances require.
7    Upon the death of a person who is or has been a resident of
8an Illinois Veterans Home who is liable for maintenance charges
9and who is possessed of property, the Department may present a
10claim for such sum or for the balance due in case less than the
11rate prescribed under this Act has been paid. The claim shall
12be allowed and paid as other lawful claims against the estate.
13    The administrator of each Veterans Home shall establish a
14locally-held trust fund to maintain moneys held for residents.
15Whenever the Department finds it necessary to preserve order,
16preserve health, or enforce discipline, the resident shall
17deposit in a trust account at the Home such monies from any
18source of income as may be determined necessary, and
19disbursement of these funds to the resident shall be made only
20by direction of the administrator.
21    If a resident of an Illinois Veterans Home has a dependent
22child, spouse, or parent the administrator may require that all
23monies received be deposited in a trust account with dependency
24contributions being made at the direction of the administrator.
25The balance retained in the trust account shall be disbursed to
26the resident at the time of discharge from the Home or to his

 

 

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1or her heirs or legal representative at the time of the
2resident's death, subject to Department regulations or order of
3the court.
4    The Director of Central Management Services, with the
5consent of the Director of Veterans' Affairs, is authorized and
6empowered to lease or let any real property held by the
7Department of Veterans' Affairs for an Illinois Veterans Home
8to entities or persons upon terms and conditions which are
9considered to be in the best interest of that Home. The real
10property must not be needed for any direct or immediate purpose
11of the Home. In any leasing or letting, primary consideration
12shall be given to the use of real property for agricultural
13purposes, and all moneys received shall be transmitted to the
14Treasurer of the State for deposit in the appropriate Veterans
15Home Fund.
16(Source: P.A. 97-297, eff. 1-1-12.)
 
17    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
18    Sec. 2.07. The Department shall employ and maintain
19sufficient and qualified staff at the veterans' homes (i) to
20fill all beds, subject to appropriation, and (ii) to fulfill
21the requirements of this Act. The Department shall report to
22the General Assembly, by January 1 and July 1 of each year, the
23number of staff employed in providing direct patient care at
24their veterans' homes, the compliance or noncompliance with
25staffing standards established by the United States Department

 

 

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1of Veterans Affairs for such care, and in the event of
2noncompliance with such standards, the number of staff required
3for compliance. For purposes of this Section, a nurse who has a
4license application pending with the State shall not be deemed
5unqualified by the Department if the nurse is in compliance
6with Section 50-15 of the Nurse Practice Act.
7(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
 
8    (20 ILCS 2805/2.12 new)
9    Sec. 2.12. Cemeteries. The Department may operate
10cemeteries at the Manteno Veterans Home and the Quincy Veterans
11Home for interment of veterans or their spouses as identified
12by the Department.
 
13    (20 ILCS 2805/3)  (from Ch. 126 1/2, par. 68)
14    Sec. 3. The Department shall:
15    1. establish Establish an administrative office in
16Springfield and a branch thereof in Chicago;
17    2. establish Establish such field offices as it shall find
18necessary to enable it to perform its duties; and
19    3. maintain Cause to be maintained, at its various offices,
20case files containing records of services rendered to each
21applicant, service progress cards, and a follow-up system to
22facilitate the completion of each request.
23(Source: P.A. 79-376.)
 

 

 

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1    Section 10. The Nursing Home Care Act is amended by
2changing Sections 2-201.5, 3-101.5, and 3-303 and adding
3Section 3-202.6 as follows:
 
4    (210 ILCS 45/2-201.5)
5    Sec. 2-201.5. Screening prior to admission.
6    (a) All persons age 18 or older seeking admission to a
7nursing facility must be screened to determine the need for
8nursing facility services prior to being admitted, regardless
9of income, assets, or funding source. Screening for nursing
10facility services shall be administered through procedures
11established by administrative rule. Screening may be done by
12agencies other than the Department as established by
13administrative rule. This Section applies on and after July 1,
141996. No later than October 1, 2010, the Department of
15Healthcare and Family Services, in collaboration with the
16Department on Aging, the Department of Human Services, and the
17Department of Public Health, shall file administrative rules
18providing for the gathering, during the screening process, of
19information relevant to determining each person's potential
20for placing other residents, employees, and visitors at risk of
21harm.
22    (a-1) Any screening performed pursuant to subsection (a) of
23this Section shall include a determination of whether any
24person is being considered for admission to a nursing facility
25due to a need for mental health services. For a person who

 

 

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1needs mental health services, the screening shall also include
2an evaluation of whether there is permanent supportive housing,
3or an array of community mental health services, including but
4not limited to supported housing, assertive community
5treatment, and peer support services, that would enable the
6person to live in the community. The person shall be told about
7the existence of any such services that would enable the person
8to live safely and humanely and about available appropriate
9nursing home services that would enable the person to live
10safely and humanely, and the person shall be given the
11assistance necessary to avail himself or herself of any
12available services.
13    (a-2) Pre-screening for persons with a serious mental
14illness shall be performed by a psychiatrist, a psychologist, a
15registered nurse certified in psychiatric nursing, a licensed
16clinical professional counselor, or a licensed clinical social
17worker, who is competent to (i) perform a clinical assessment
18of the individual, (ii) certify a diagnosis, (iii) make a
19determination about the individual's current need for
20treatment, including substance abuse treatment, and recommend
21specific treatment, and (iv) determine whether a facility or a
22community-based program is able to meet the needs of the
23individual.
24    For any person entering a nursing facility, the
25pre-screening agent shall make specific recommendations about
26what care and services the individual needs to receive,

 

 

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1beginning at admission, to attain or maintain the individual's
2highest level of independent functioning and to live in the
3most integrated setting appropriate for his or her physical and
4personal care and developmental and mental health needs. These
5recommendations shall be revised as appropriate by the
6pre-screening or re-screening agent based on the results of
7resident review and in response to changes in the resident's
8wishes, needs, and interest in transition.
9    Upon the person entering the nursing facility, the
10Department of Human Services or its designee shall assist the
11person in establishing a relationship with a community mental
12health agency or other appropriate agencies in order to (i)
13promote the person's transition to independent living and (ii)
14support the person's progress in meeting individual goals.
15    (a-3) The Department of Human Services, by rule, shall
16provide for a prohibition on conflicts of interest for
17pre-admission screeners. The rule shall provide for waiver of
18those conflicts by the Department of Human Services if the
19Department of Human Services determines that a scarcity of
20qualified pre-admission screeners exists in a given community
21and that, absent a waiver of conflicts, an insufficient number
22of pre-admission screeners would be available. If a conflict is
23waived, the pre-admission screener shall disclose the conflict
24of interest to the screened individual in the manner provided
25for by rule of the Department of Human Services. For the
26purposes of this subsection, a "conflict of interest" includes,

 

 

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1but is not limited to, the existence of a professional or
2financial relationship between (i) a PAS-MH corporate or a
3PAS-MH agent and (ii) a community provider or long-term care
4facility.
5    (b) In addition to the screening required by subsection
6(a), a facility, except for those licensed as long term care
7for under age 22 facilities, shall, within 24 hours after
8admission, request a criminal history background check
9pursuant to the Uniform Conviction Information Act for all
10persons age 18 or older seeking admission to the facility,
11unless a background check was initiated by a hospital pursuant
12to subsection (d) of Section 6.09 of the Hospital Licensing Act
13or a pre-admission background check was conducted by the
14Department of Veterans' Affairs 30 days prior to admittance
15into an Illinois Veterans Home. Background checks conducted
16pursuant to this Section shall be based on the resident's name,
17date of birth, and other identifiers as required by the
18Department of State Police. If the results of the background
19check are inconclusive, the facility shall initiate a
20fingerprint-based check, unless the fingerprint check is
21waived by the Director of Public Health based on verification
22by the facility that the resident is completely immobile or
23that the resident meets other criteria related to the
24resident's health or lack of potential risk which may be
25established by Departmental rule. A waiver issued pursuant to
26this Section shall be valid only while the resident is immobile

 

 

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1or while the criteria supporting the waiver exist. The facility
2shall provide for or arrange for any required fingerprint-based
3checks to be taken on the premises of the facility. If a
4fingerprint-based check is required, the facility shall
5arrange for it to be conducted in a manner that is respectful
6of the resident's dignity and that minimizes any emotional or
7physical hardship to the resident.
8    (c) If the results of a resident's criminal history
9background check reveal that the resident is an identified
10offender as defined in Section 1-114.01, the facility shall do
11the following:
12        (1) Immediately notify the Department of State Police,
13    in the form and manner required by the Department of State
14    Police, in collaboration with the Department of Public
15    Health, that the resident is an identified offender.
16        (2) Within 72 hours, arrange for a fingerprint-based
17    criminal history record inquiry to be requested on the
18    identified offender resident. The inquiry shall be based on
19    the subject's name, sex, race, date of birth, fingerprint
20    images, and other identifiers required by the Department of
21    State Police. The inquiry shall be processed through the
22    files of the Department of State Police and the Federal
23    Bureau of Investigation to locate any criminal history
24    record information that may exist regarding the subject.
25    The Federal Bureau of Investigation shall furnish to the
26    Department of State Police, pursuant to an inquiry under

 

 

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1    this paragraph (2), any criminal history record
2    information contained in its files.
3    The facility shall comply with all applicable provisions
4contained in the Uniform Conviction Information Act.
5    All name-based and fingerprint-based criminal history
6record inquiries shall be submitted to the Department of State
7Police electronically in the form and manner prescribed by the
8Department of State Police. The Department of State Police may
9charge the facility a fee for processing name-based and
10fingerprint-based criminal history record inquiries. The fee
11shall be deposited into the State Police Services Fund. The fee
12shall not exceed the actual cost of processing the inquiry.
13    (d) (Blank).
14    (e) The Department shall develop and maintain a
15de-identified database of residents who have injured facility
16staff, facility visitors, or other residents, and the attendant
17circumstances, solely for the purposes of evaluating and
18improving resident pre-screening and assessment procedures
19(including the Criminal History Report prepared under Section
202-201.6) and the adequacy of Department requirements
21concerning the provision of care and services to residents. A
22resident shall not be listed in the database until a Department
23survey confirms the accuracy of the listing. The names of
24persons listed in the database and information that would allow
25them to be individually identified shall not be made public.
26Neither the Department nor any other agency of State government

 

 

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1may use information in the database to take any action against
2any individual, licensee, or other entity, unless the
3Department or agency receives the information independent of
4this subsection (e). All information collected, maintained, or
5developed under the authority of this subsection (e) for the
6purposes of the database maintained under this subsection (e)
7shall be treated in the same manner as information that is
8subject to Part 21 of Article VIII of the Code of Civil
9Procedure.
10(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
 
11    (210 ILCS 45/3-101.5)
12    Sec. 3-101.5. Illinois Veterans Homes. An Illinois
13Veterans Home licensed under this Act and operated by the
14Illinois Department of Veterans' Affairs is exempt from the
15license fee provisions of Section 3-103 of this Act and the
16provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
173-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517, and
183-603 through 3-607 of this Act. A monitor or receiver shall be
19placed in an Illinois Veterans Home only by court order or by
20agreement between the Director of Public Health, the Director
21of Veterans' Affairs, and the Secretary of the United States
22Department of Veterans Affairs.
23(Source: P.A. 96-703, eff. 8-25-09.)
 
24    (210 ILCS 45/3-202.6 new)

 

 

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1    Sec. 3-202.6. Department of Veterans' Affairs facility
2plan review.
3    (a) Before commencing construction of a new facility or
4specified types of alteration or additions to an existing
5long-term care facility involving major construction, as
6defined by rule by the Department, with an estimated cost
7greater than $100,000, architectural drawings and
8specifications for the facility shall be submitted to the
9Department for review. A facility may submit architectural
10drawings and specifications for other construction projects
11for Department review according to subsection (b) of this
12Section that shall not be subject to fees under subsection (d)
13of this Section. Review of drawings and specifications shall be
14conducted by an employee of the Department meeting the
15qualifications established by the Department of Central
16Management Services class specifications for such an
17individual's position or by a person contracting with the
18Department who meets those class specifications.
19    (b) The Department shall inform an applicant in writing
20within 10 working days after receiving drawings and
21specifications from the applicant whether the applicant's
22submission is complete or incomplete. Failure to provide the
23applicant with this notice within 10 working days after
24receiving drawings and specifications from the applicant shall
25result in the submission being deemed complete for purposes of
26initiating the 60-day review period under this Section. If the

 

 

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1submission is incomplete, the Department shall inform the
2applicant of the deficiencies with the submission in writing.
3If the submission is complete, the Department shall approve or
4disapprove drawings and specifications submitted to the
5Department no later than 60 days following receipt by the
6Department. The drawings and specifications shall be of
7sufficient detail, as provided by Department rule, to enable
8the Department to render a determination of compliance with
9design and construction standards under this Act. If the
10Department finds that the drawings are not of sufficient detail
11for it to render a determination of compliance, the plans shall
12be determined to be incomplete and shall not be considered for
13purposes of initiating the 60-day review period. If a
14submission of drawings and specifications is incomplete, the
15applicant may submit additional information. The 60-day review
16period shall not commence until the Department determines that
17a submission of drawings and specifications is complete or the
18submission is deemed complete. If the Department has not
19approved or disapproved the drawings and specifications within
2060 days after receipt by the Department, the construction,
21major alteration, or addition shall be deemed approved. If the
22drawings and specifications are disapproved, the Department
23shall state in writing, with specificity, the reasons for the
24disapproval. The entity submitting the drawings and
25specifications may submit additional information in response
26to the written comments from the Department or request a

 

 

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1reconsideration of the disapproval. A final decision of
2approval or disapproval shall be made within 45 days after the
3receipt of the additional information or reconsideration
4request. If denied, the Department shall state the specific
5reasons for the denial.
6    (c) The Department shall provide written approval for
7occupancy pursuant to subsection (e) of this Section and shall
8not issue a violation to a facility as a result of a licensure
9or complaint survey based upon the facility's physical
10structure if:
11        (1) the Department reviewed and approved or deemed
12    approved the drawings and specifications for compliance
13    with design and construction standards;
14        (2) the construction, major alteration, or addition
15    was built as submitted;
16        (3) the law or rules have not been amended since the
17    original approval; and
18        (4) the conditions at the facility indicate that there
19    is a reasonable degree of safety provided for the
20    residents.
21    (d) The Department shall not charge a fee in connection
22with its reviews to the Department of Veterans' Affairs.
23    (e) The Department shall conduct an on-site inspection of
24the completed project no later than 30 days after notification
25from the applicant that the project has been completed and all
26certifications required by the Department have been received

 

 

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1and accepted by the Department. The Department shall provide
2written approval for occupancy to the applicant within 5
3working days after the Department's final inspection, provided
4the applicant has demonstrated substantial compliance as
5defined by Department rule. Occupancy of new major construction
6is prohibited until Department approval is received, unless the
7Department has not acted within the time frames provided in
8this subsection (e), in which case the construction shall be
9deemed approved. Occupancy shall be authorized after any
10required health inspection by the Department has been
11conducted.
12    (f) The Department shall establish, by rule, a procedure to
13conduct interim on-site review of large or complex construction
14projects.
15    (g) The Department shall establish, by rule, an expedited
16process for emergency repairs or replacement of like equipment.
17    (h) Nothing in this Section shall be construed to apply to
18maintenance, upkeep, or renovation that does not affect the
19structural integrity of the building, does not add beds or
20services over the number for which the long-term care facility
21is licensed, and provides a reasonable degree of safety for the
22residents.
 
23    (210 ILCS 45/3-303)  (from Ch. 111 1/2, par. 4153-303)
24    Sec. 3-303. (a) The situation, condition or practice
25constituting a Type "AA" violation or a Type "A" violation

 

 

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1shall be abated or eliminated immediately unless a fixed period
2of time, not exceeding 15 days, as determined by the Department
3and specified in the notice of violation, is required for
4correction.
5    (b) At the time of issuance of a notice of a Type "B"
6violation, the Department shall request a plan of correction
7which is subject to the Department's approval. The facility
8shall have 10 days after receipt of notice of violation in
9which to prepare and submit a plan of correction. The
10Department may extend this period up to 30 days where
11correction involves substantial capital improvement. The plan
12shall include a fixed time period not in excess of 90 days
13within which violations are to be corrected. If the Department
14rejects a plan of correction, it shall send notice of the
15rejection and the reason for the rejection to the facility. The
16facility shall have 10 days after receipt of the notice of
17rejection in which to submit a modified plan. If the modified
18plan is not timely submitted, or if the modified plan is
19rejected, the facility shall follow an approved plan of
20correction imposed by the Department.
21    (c) If the violation has been corrected prior to submission
22and approval of a plan of correction, the facility may submit a
23report of correction in place of a plan of correction. Such
24report shall be signed by the administrator under oath.
25    (d) Upon a licensee's petition, the Department shall
26determine whether to grant a licensee's request for an extended

 

 

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1correction time. Such petition shall be served on the
2Department prior to expiration of the correction time
3originally approved. The burden of proof is on the petitioning
4facility to show good cause for not being able to comply with
5the original correction time approved.
6    (e) If a facility desires to contest any Department action
7under this Section it shall send a written request for a
8hearing under Section 3-703 to the Department within 10 days of
9receipt of notice of the contested action. The Department shall
10commence the hearing as provided under Section 3-703. Whenever
11possible, all action of the Department under this Section
12arising out of a violation shall be contested and determined at
13a single hearing. Issues decided after a hearing may not be
14reheard at subsequent hearings under this Section.
15    (f) For facilities operated by the Department of Veterans'
16Affairs, all deadlines contained in this Section for correction
17of violations are subject to adherence to applicable Sections
18of State procurement law and the availability of appropriations
19for the specific purpose.
20(Source: P.A. 96-1372, eff. 7-29-10.)
 
21    Section 15. The Veterans and Servicemembers Court
22Treatment Act is amended by changing Sections 10 and 25 as
23follows:
 
24    (730 ILCS 167/10)

 

 

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1    Sec. 10. Definitions. In this Act:
2    "Combination Veterans and Servicemembers Court program"
3means a court program that includes a pre-adjudicatory and a
4post-adjudicatory Veterans and Servicemembers court program.
5    "Court" means Veterans and Servicemembers Court.
6    "IDVA" means the Illinois Department of Veterans' Affairs.
7    "Peer recovery coach" means a volunteer veteran mentor
8assigned to a veteran or servicemember during participation in
9a veteran treatment court program who has been trained and
10certified by the court to guide and mentor the participant to
11successfully complete the assigned requirements.
12    "Post-adjudicatory Veterans and Servicemembers Court
13Program" means a program in which the defendant has admitted
14guilt or has been found guilty and agrees, along with the
15prosecution, to enter a Veterans and Servicemembers Court
16program as part of the defendant's sentence.
17    "Pre-adjudicatory Veterans and Servicemembers Court
18Program" means a program that allows the defendant with the
19consent of the prosecution, to expedite the defendant's
20criminal case before conviction or before filing of a criminal
21case and requires successful completion of the Veterans and
22Servicemembers Court programs as part of the agreement.
23    "Servicemember" means a person who is currently serving in
24the Army, Air Force, Marines, Navy, or Coast Guard on active
25duty, reserve status or in the National Guard.
26    "VA" means the United States Department of Veterans'

 

 

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1Affairs.
2    "Veteran" means a person who served in the active military,
3naval, or air service and who was discharged or released
4therefrom under conditions other than dishonorable.
5    "Veterans and Servicemembers Court professional" means a
6member of the Veterans and Servicemembers Court team, including
7but not limited to a judge, prosecutor, defense attorney,
8probation officer, coordinator, treatment provider, or peer
9recovery coach.
10    "Veterans and Servicemembers Court" means a court or
11program with an immediate and highly structured judicial
12intervention process for substance abuse treatment, mental
13health, or other assessed treatment needs of eligible veteran
14and servicemember defendants that brings together substance
15abuse professionals, mental health professionals, VA
16professionals, local social programs and intensive judicial
17monitoring in accordance with the nationally recommended 10 key
18components of drug courts.
19(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
20    (730 ILCS 167/25)
21    Sec. 25. Procedure.
22    (a) The Court shall order the defendant to submit to an
23eligibility screening and an assessment through the VA and/or
24the IDVA to provide information on the defendant's veteran or
25servicemember status.

 

 

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1    (b) The Court shall order the defendant to submit to an
2eligibility screening and mental health and drug/alcohol
3screening and assessment of the defendant by the VA or by the
4IDVA to provide assessment services for Illinois Courts. The
5assessment shall include a risks assessment and be based, in
6part, upon the known availability of treatment resources
7available to the Veterans and Servicemembers Court. The
8assessment shall also include recommendations for treatment of
9the conditions which are indicating a need for treatment under
10the monitoring of the Court and be reflective of a level of
11risk assessed for the individual seeking admission. An
12assessment need not be ordered if the Court finds a valid
13screening and/or assessment related to the present charge
14pending against the defendant has been completed within the
15previous 60 days.
16    (c) The judge shall inform the defendant that if the
17defendant fails to meet the conditions of the Veterans and
18Servicemembers Court program, eligibility to participate in
19the program may be revoked and the defendant may be sentenced
20or the prosecution continued as provided in the Unified Code of
21Corrections for the crime charged.
22    (d) The defendant shall execute a written agreement with
23the Court as to his or her participation in the program and
24shall agree to all of the terms and conditions of the program,
25including but not limited to the possibility of sanctions or
26incarceration for failing to abide or comply with the terms of

 

 

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1the program.
2    (e) In addition to any conditions authorized under the
3Pretrial Services Act and Section 5-6-3 of the Unified Code of
4Corrections, the Court may order the defendant to complete
5substance abuse treatment in an outpatient, inpatient,
6residential, or jail-based custodial treatment program, order
7the defendant to complete mental health counseling in an
8inpatient or outpatient basis, comply with physicians'
9recommendation regarding medications and all follow up
10treatment. This treatment may include but is not limited to
11post-traumatic stress disorder, traumatic brain injury and
12depression.
13    (f) The Court may establish a mentorship program that
14provides access and support to program participants by peer
15recovery coaches. Courts shall be responsible to administer the
16mentorship program with the support of volunteer veterans and
17local veteran service organization. Peer recovery coaches
18shall be trained and certified by the court prior to being
19assigned to participant in the program.
20(Source: P.A. 96-924, eff. 6-14-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".