Rep. Sara Feigenholtz
Filed: 5/23/2013
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1 | AMENDMENT TO SENATE BILL 26
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2 | AMENDMENT NO. ______. Amend Senate Bill 26, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1 as follows:
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5 | on page 4, by inserting immediately below line 8 the following: | ||||||
6 | ""Abuse" means any physical or mental injury or sexual | ||||||
7 | assault inflicted on a consumer other than by accidental means | ||||||
8 | in a facility."; and | ||||||
9 | on page 6, line 19, after "triage", by inserting "center"; and | ||||||
10 | on page 9, immediately below line 13, by inserting the | ||||||
11 | following: | ||||||
12 | ""Identified offender" means a person who meets any of the | ||||||
13 | following criteria: | ||||||
14 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
15 | delinquent for, found not guilty by reason of insanity for, |
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1 | or found unfit to stand trial for, any felony offense | ||||||
2 | listed in Section 25 of the Health Care Worker Background | ||||||
3 | Check Act, except for the following: | ||||||
4 | (i) a felony offense described in Section 10-5 of | ||||||
5 | the Nurse Practice Act; | ||||||
6 | (ii) a felony offense described in Section 4, 5, 6, | ||||||
7 | 8, or 17.02 of the Illinois Credit Card and Debit Card | ||||||
8 | Act; | ||||||
9 | (iii) a felony offense described in Section 5, 5.1, | ||||||
10 | 5.2, 7, or 9 of the Cannabis Control Act; | ||||||
11 | (iv) a felony offense described in Section 401, | ||||||
12 | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | ||||||
13 | Controlled Substances Act; and | ||||||
14 | (v) a felony offense described in the | ||||||
15 | Methamphetamine Control and Community Protection Act. | ||||||
16 | (2) Has been convicted of, adjudicated delinquent
for, | ||||||
17 | found not guilty by reason of insanity for, or found unfit | ||||||
18 | to stand trial for, any sex offense as defined in | ||||||
19 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
20 | Board Act."; and
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21 | on page 12, immediately below line 9, by inserting the | ||||||
22 | following: | ||||||
23 | "Section 2-100. Rulemaking. The Department is empowered to | ||||||
24 | promulgate any rules necessary to ensure proper implementation |
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1 | and administration of this Act."; and | ||||||
2 | on page 15, immediately below line 1, by inserting the | ||||||
3 | following: | ||||||
4 | "Section 2-104. Screening prior to admission. | ||||||
5 | (a) A facility shall within 24 hours after admission, | ||||||
6 | request a criminal history background check pursuant to the | ||||||
7 | Uniform Conviction Information Act for all persons age 18 or | ||||||
8 | older seeking admission to the facility, unless a background | ||||||
9 | check was initiated by a hospital pursuant to subsection (d) of | ||||||
10 | Section 6.09 of the Hospital Licensing Act. Background checks | ||||||
11 | conducted pursuant to this Section shall be based on the | ||||||
12 | consumer's name, date of birth, and other identifiers as | ||||||
13 | required by the Department of State Police. If the results of | ||||||
14 | the background check are inconclusive, the facility shall | ||||||
15 | initiate a fingerprint-based check, unless the fingerprint | ||||||
16 | check is waived by the Director of Public Health based on | ||||||
17 | verification by the facility that the consumer meets criteria | ||||||
18 | related to the consumer's health or lack of potential risk | ||||||
19 | which may be established by Departmental rule. A waiver issued | ||||||
20 | pursuant to this Section shall be valid only while the consumer | ||||||
21 | is immobile or while the criteria supporting the waiver exist. | ||||||
22 | The facility shall provide for or arrange for any required | ||||||
23 | fingerprint-based checks to be taken on the premises of the | ||||||
24 | facility. If a fingerprint-based check is required, the |
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1 | facility shall arrange for it to be conducted in a manner that | ||||||
2 | is respectful of the consumer's dignity and that minimizes any | ||||||
3 | emotional or physical hardship to the consumer. | ||||||
4 | (b) If the results of a consumer's criminal history | ||||||
5 | background check reveal that the consumer is an identified | ||||||
6 | offender as defined in this Act, the facility shall do the | ||||||
7 | following: | ||||||
8 | (1) Immediately notify the Department of State Police, | ||||||
9 | in the form and manner required by the Department of State | ||||||
10 | Police, in collaboration with the Department of Public | ||||||
11 | Health, that the consumer is an identified offender. | ||||||
12 | (2) Within 72 hours, arrange for a fingerprint-based
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13 | criminal history record inquiry to be requested on the | ||||||
14 | identified offender consumer. The inquiry shall be based on | ||||||
15 | the subject's name, sex, race, date of birth, fingerprint | ||||||
16 | images, and other identifiers required by the Department of | ||||||
17 | State Police. The inquiry shall be processed through the | ||||||
18 | files of the Department of State Police and the Federal | ||||||
19 | Bureau of Investigation to locate any criminal history | ||||||
20 | record information that may exist regarding the subject. | ||||||
21 | The Federal Bureau of Investigation shall furnish to the | ||||||
22 | Department of State Police, pursuant to an inquiry under | ||||||
23 | this paragraph (2), any criminal history record | ||||||
24 | information contained in its files. | ||||||
25 | Section 2-105. Criminal History Report. |
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1 | (a) The Department of State Police shall prepare a Criminal | ||||||
2 | History Report when it receives information, through the | ||||||
3 | criminal history background check required pursuant to | ||||||
4 | subsection (d) of Section 6.09 of the Hospital Licensing Act or | ||||||
5 | subsection (c) of Section 2-201.5 of the Nursing Home Care Act, | ||||||
6 | or through any other means, that a consumer of a facility is an | ||||||
7 | identified offender.
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8 | (b) The Department of State Police shall complete the | ||||||
9 | Criminal History Report within 10 business days after receiving | ||||||
10 | information under subsection (a) that a consumer is an | ||||||
11 | identified offender. | ||||||
12 | (c) The Criminal History Report shall include, but not be | ||||||
13 | limited to, the following: | ||||||
14 | (1) Copies of the identified offender's parole, | ||||||
15 | mandatory supervised release, or probation orders. | ||||||
16 | (2) An interview with the identified offender. | ||||||
17 | (3) A detailed summary of the entire criminal history
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18 | of the offender, including arrests, convictions, and the | ||||||
19 | date of the identified offender's last conviction relative | ||||||
20 | to the date of admission to a long-term care facility. | ||||||
21 | (4) If the identified offender is a convicted or
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22 | registered sex offender, a review of any and all sex | ||||||
23 | offender evaluations conducted on that offender. If there | ||||||
24 | is no sex offender evaluation available, the Department of | ||||||
25 | State Police shall arrange, through the Department of | ||||||
26 | Public Health, for a sex offender evaluation to be |
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1 | conducted on the identified offender. If the convicted or | ||||||
2 | registered sex offender is under supervision by the | ||||||
3 | Illinois Department of Corrections or a county probation | ||||||
4 | department, the sex offender evaluation shall be arranged | ||||||
5 | by and at the expense of the supervising agency. All | ||||||
6 | evaluations conducted on convicted or registered sex | ||||||
7 | offenders under this Act shall be conducted by sex offender | ||||||
8 | evaluators approved by the Sex Offender Management Board.
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9 | (d) The Department of State Police shall provide the | ||||||
10 | Criminal History Report to a licensed forensic psychologist. | ||||||
11 | After (i) consideration of the Criminal History Report, (ii) | ||||||
12 | consultation with the facility administrator or the facility | ||||||
13 | medical director, or both, regarding the mental and physical | ||||||
14 | condition of the identified offender, and (iii) reviewing the | ||||||
15 | facility's file on the identified offender, including all | ||||||
16 | incident reports, all information regarding medication and | ||||||
17 | medication compliance, and all information regarding previous | ||||||
18 | discharges or transfers from other facilities, the licensed | ||||||
19 | forensic psychologist shall prepare an Identified Offender | ||||||
20 | Report and Recommendation. The Identified Offender Report and | ||||||
21 | Recommendation shall detail whether and to what extent the | ||||||
22 | identified offender's criminal history necessitates the | ||||||
23 | implementation of security measures within the long-term care | ||||||
24 | facility. If the identified offender is a convicted or | ||||||
25 | registered sex offender or if the Identified Offender Report | ||||||
26 | and Recommendation reveals that the identified offender poses a |
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1 | significant risk of harm to others within the facility, the | ||||||
2 | offender shall be required to have his or her own room within | ||||||
3 | the facility. | ||||||
4 | (e) The licensed forensic psychologist shall complete the | ||||||
5 | Identified Offender Report and Recommendation within 14 | ||||||
6 | business days after receiving the Criminal History Report and | ||||||
7 | shall promptly provide the Identified Offender Report and | ||||||
8 | Recommendation to the Department of State Police, which shall | ||||||
9 | provide the Identified Offender Report and Recommendation to | ||||||
10 | the following:
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11 | (1) The facility within which the identified offender | ||||||
12 | resides. | ||||||
13 | (2) The Chief of Police of the municipality in which
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14 | the facility is located. | ||||||
15 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
16 | (4) The Department of Public Health. | ||||||
17 | (e-5) The Department of Public Health shall keep a | ||||||
18 | continuing record of all consumers determined to be identified | ||||||
19 | offenders as defined in Section 1-114.01 of the Nursing Home | ||||||
20 | Care Act and shall report the number of identified offender | ||||||
21 | consumers annually to the General Assembly. | ||||||
22 | (f) The facility shall incorporate the Identified Offender | ||||||
23 | Report and Recommendation into the identified offender's care | ||||||
24 | plan created pursuant to 42 CFR 483.20. | ||||||
25 | (g) If, based on the Identified Offender Report and | ||||||
26 | Recommendation, a facility determines that it cannot manage the |
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1 | identified offender consumer safely within the facility, it | ||||||
2 | shall commence involuntary transfer or discharge proceedings | ||||||
3 | pursuant to Section 3-402. | ||||||
4 | (h) Except for willful and wanton misconduct, any person | ||||||
5 | authorized to participate in the development of a Criminal | ||||||
6 | History Report or Identified Offender Report and | ||||||
7 | Recommendation is immune from criminal or civil liability for | ||||||
8 | any acts or omissions as the result of his or her good faith | ||||||
9 | effort to comply with this Section."; and | ||||||
10 | on page 19, line 19, after "authorized", by inserting "under | ||||||
11 | Illinois law"; and | ||||||
12 | on page 20, line 2, by replacing the period with "to the | ||||||
13 | Department within 24 hours. Facilities shall comply with | ||||||
14 | Sections 3-610 and 3-810 of the Nursing Home Care Act. The | ||||||
15 | provisions under Sections 3-610 and 3-810 of the Nursing Home | ||||||
16 | Care Act shall apply to employees of facilities licensed under | ||||||
17 | this Act."; and | ||||||
18 | on page 20, line 4, by replacing "or crisis stabilization" with | ||||||
19 | "centers"; and | ||||||
20 | on page 20, line 13, by replacing "knock" with "reasonably | ||||||
21 | announce their intent to enter"; and |
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1 | on page 20, immediately below line 15, by inserting the | ||||||
2 | following: | ||||||
3 | "Consumers shall be free to leave at any time. If a | ||||||
4 | consumer in a triage center expresses a desire to contact a | ||||||
5 | third party for any purpose, the facility staff shall contact | ||||||
6 | that third party on behalf of the consumer."; and | ||||||
7 | on page 21, line 6, by replacing "or crisis stabilization" with | ||||||
8 | "centers"; and | ||||||
9 | on page 22, line 12, after the period, by inserting "The | ||||||
10 | Department shall by rule establish criteria, hearings, and | ||||||
11 | procedures for involuntary discharge."; and | ||||||
12 | on page 23, by inserting immediately below line 7 the | ||||||
13 | following: | ||||||
14 | "Section 3-115. Informed consent; restraints. Informed | ||||||
15 | consent shall be required for restraints consistent with the | ||||||
16 | requirements contained in subsection (c) of Section 2-106 of | ||||||
17 | the Nursing Home Care Act. | ||||||
18 | Section 3-116. Experimental research. No consumer shall be | ||||||
19 | subjected to experimental research or treatment without first | ||||||
20 | obtaining his or her informed, written consent. The conduct of | ||||||
21 | any experimental research or treatment shall be authorized and |
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1 | monitored by an institutional review board appointed by the | ||||||
2 | executive director. The membership, operating procedures and | ||||||
3 | review criteria for the institutional review board shall be | ||||||
4 | prescribed under rules and regulations of the Department and | ||||||
5 | shall comply with the requirements for institutional review | ||||||
6 | boards established by the federal Food and Drug Administration. | ||||||
7 | No person who has received compensation in the prior 3 years | ||||||
8 | from an entity that manufactures, distributes, or sells | ||||||
9 | pharmaceuticals, biologics, or medical devices may serve on the | ||||||
10 | institutional review board. | ||||||
11 | No facility shall permit experimental research or | ||||||
12 | treatment to be conducted on a consumer, or give access to any | ||||||
13 | person or person's records for a retrospective study about the | ||||||
14 | safety or efficacy of any care or treatment, without the prior | ||||||
15 | written approval of the institutional review board. No | ||||||
16 | executive director, or person licensed by the State to provide | ||||||
17 | medical care or treatment to any person, may assist or | ||||||
18 | participate in any experimental research on or treatment of a | ||||||
19 | consumer, including a retrospective study, that does not have | ||||||
20 | the prior written approval of the board. Such conduct shall be | ||||||
21 | grounds for professional discipline by the Department of | ||||||
22 | Financial and Professional Regulation. | ||||||
23 | The institutional review board may exempt from ongoing | ||||||
24 | review research or treatment initiated on a consumer before the | ||||||
25 | individual's admission to a facility and for which the board | ||||||
26 | determines there is adequate ongoing oversight by another |
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1 | institutional review board. Nothing in this Section shall | ||||||
2 | prevent a facility, any facility employee, or any other person | ||||||
3 | from assisting or participating in any experimental research on | ||||||
4 | or treatment of a consumer, if the research or treatment began | ||||||
5 | before the person's admission to a facility, until the board | ||||||
6 | has reviewed the research or treatment and decided to grant or | ||||||
7 | deny approval or to exempt the research or treatment from | ||||||
8 | ongoing review."; and | ||||||
9 | on page 23, line 15, by replacing "units" with "centers"; and | ||||||
10 | on page 30, line 12, by replacing "units" with "centers"; and | ||||||
11 | on page 30, line 24, after "triage", by inserting "centers"; | ||||||
12 | and | ||||||
13 | on page 31, line 7, after "checks", by inserting ", consistent | ||||||
14 | with Section 1-114.01, subsections (b) and (c) of Section | ||||||
15 | 2-201.5, and Section 2-201.6 of the Nursing Home Care Act"; and | ||||||
16 | on page 31, line 16, after "check", by inserting ", consistent | ||||||
17 | with the Health Care Worker Background Check Act"; and | ||||||
18 | on page 33, line 14 by inserting after "Act" the following: | ||||||
19 | "and the rules promulgated under this Act. The Department shall | ||||||
20 | have access to and may reproduce or photocopy any books, |
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1 | records, and other documents maintained by the facility to the | ||||||
2 | extent necessary to carry out this Act and the rules | ||||||
3 | promulgated under this Act. The Department shall not divulge or | ||||||
4 | disclose the contents of a record under this Section as | ||||||
5 | otherwise prohibited by this Act. Any holder of a license or | ||||||
6 | applicant for a license shall be deemed to have given consent | ||||||
7 | to any authorized officer, employee, or agent of the Department | ||||||
8 | to enter and inspect the facility in accordance with this | ||||||
9 | Article. Refusal to permit such entry or inspection shall | ||||||
10 | constitute grounds for denial, suspension, or revocation of a | ||||||
11 | license under this Act"; and | ||||||
12 | on page 33, line 15, by deleting "scheduled"; and | ||||||
13 | on page 33, line 16, by deleting "unscheduled"; and | ||||||
14 | on page 34, by replacing lines 2 and 3 with the following: | ||||||
15 | "(a) The Department may revoke a license for any failure to | ||||||
16 | substantially comply with this Act and the rules promulgated | ||||||
17 | under this Act, including, but not limited to, the following:"; | ||||||
18 | and | ||||||
19 | on page 34, line 5, by replacing "or" with "and"; and | ||||||
20 | on page 35, line 3, by replacing "the standards of this" with | ||||||
21 | "this Act and the rules promulgated under this Act."; and |
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1 | on page 35, by deleting line 4; and | ||||||
2 | on page 35, line 5, by replacing "the standards" with "this Act | ||||||
3 | and the rules promulgated under this Act"; and | ||||||
4 | on page 35, line 8, by replacing "the standards" with "this Act | ||||||
5 | and the rules promulgated under this Act"; and | ||||||
6 | on page 35, line 11, by replacing "the standards" with "this | ||||||
7 | Act and the rules promulgated under this Act"; and | ||||||
8 | on page 35, lines 15 and 16, by replacing "the standards. The | ||||||
9 | agency" with "this Act and the rules promulgated under this | ||||||
10 | Act. The facility"; and | ||||||
11 | on page 36, line 7, by replacing "Part" with "Act or the rules | ||||||
12 | promulgated under this Act"; and | ||||||
13 | on page 36, line 8, by replacing "agency" with "facility"; and | ||||||
14 | on page 36, line 17, by replacing "Part" with "Act or the rules | ||||||
15 | promulgated under this Act"; and | ||||||
16 | on page 36, line 18, by replacing "standards" with "this Act | ||||||
17 | and the rules promulgated under this Act"; and |
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1 | on page 36, line 22, by replacing "agency" with "facility"; and | ||||||
2 | on page 36, line 23, by replacing "agency" with "facility"; and | ||||||
3 | on page 37, line 10, by replacing "agency" with "facility"; and | ||||||
4 | on page 37, line 11, by replacing "agency" with "facility"; and | ||||||
5 | on page 39, by inserting immediately below line 1 the | ||||||
6 | following: | ||||||
7 | "Section 4-111. Notwithstanding the existence or pursuit | ||||||
8 | of any other remedy, the Director of the Department may, in the | ||||||
9 | manner provided by law, upon the advice of the Attorney General | ||||||
10 | who shall represent the Director of the Department in the | ||||||
11 | proceedings, maintain an action in the name of the State for | ||||||
12 | injunction or other process against any person or governmental | ||||||
13 | unit to restrain or prevent the establishment of a facility | ||||||
14 | without a license issued pursuant to this Act, or to restrain | ||||||
15 | or prevent the opening, conduction, operating, or maintaining | ||||||
16 | of a facility without a license issued pursuant to this Act. In | ||||||
17 | addition, the Director of the Department may, in the manner | ||||||
18 | provided by law, in the name of the People of the State and | ||||||
19 | through the Attorney General who shall represent the Director | ||||||
20 | of the Department in the proceedings, maintain an action for |
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1 | injunction or other relief or process against any licensee or | ||||||
2 | other person to enforce and compel compliance with the | ||||||
3 | provisions of this Act and the standards, rules, and | ||||||
4 | regulations established by virtue of this Act and any order | ||||||
5 | entered for any response action pursuant to this Act and such | ||||||
6 | standards, rules, and regulations."; and | ||||||
7 | by deleting lines 7 through 23 of page 490, all of pages 491 | ||||||
8 | through 538, and lines 1 through 20 of page 539; and | ||||||
9 | on page 544, line 26, after " research ", by inserting " and | ||||||
10 | education "; and | ||||||
11 | on page 545, line 17, after " research ", by inserting " and | ||||||
12 | education "; and | ||||||
13 | on page 548, by deleting lines 8 and 9; and | ||||||
14 | on page 578, line 24 by replacing " resident " with " residents "; | ||||||
15 | and | ||||||
16 | on page 582, line 12 by inserting before " Transition " the | ||||||
17 | following: | ||||||
18 | " For dates of services beginning January 1, 2014, the RUG-IV | ||||||
19 | nursing component per diem for a nursing home shall be the | ||||||
20 | product of the statewide RUG-IV nursing base per diem rate, the |
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1 | facility average case mix index, and the regional wage | ||||||
2 | adjustor. "; and | ||||||
3 | on page 582, line 15 by replacing " subsection (d-1) " with " this | ||||||
4 | subsection (e-2) "; and | ||||||
5 | on page 582, line 25 by replacing " subsection (d-1) " with " this | ||||||
6 | subsection (e-2) "; and | ||||||
7 | on page 584, line 21, after " triage " by inserting " center "; and | ||||||
8 | on page 585, by inserting immediately below line 13 the | ||||||
9 | following: | ||||||
10 | "Section 11-45. The Illinois Public Aid Code is amended by | ||||||
11 | adding Section 5-5.4h as follows: | ||||||
12 | (305 ILCS 5/5-5.4h new) | ||||||
13 | Sec. 5-5.4h. Medicaid reimbursement for pediatric skilled | ||||||
14 | nursing facilities. | ||||||
15 | (a) Facilities uniquely licensed as pediatric skilled | ||||||
16 | nursing facilities that serve severely and chronically ill | ||||||
17 | pediatric patients shall have a specific reimbursement system | ||||||
18 | designed to recognize the characteristics and needs of the | ||||||
19 | patients they serve. | ||||||
20 | (b) For dates of services starting July 1, 2013 and until a |
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1 | new reimbursement system is designed, pediatric skilled | ||||||
2 | nursing facilities that meet the following criteria: | ||||||
3 | (1) serve exceptional care patients; and | ||||||
4 | (2) have 30% or more of their patients receiving | ||||||
5 | ventilator care; | ||||||
6 | shall receive Medicaid reimbursement on a 30-day expedited | ||||||
7 | schedule. "; and | ||||||
8 | on page 596, line 11, by replacing " 60 " with " 75 "; and | ||||||
9 | on page 597, by replacing lines 1 through 3 with the following: | ||||||
10 | " the portions of the health and life safety survey | ||||||
11 | associated with federal certification and State licensure | ||||||
12 | surveys must be started within 7 working days of each | ||||||
13 | other. Nothing in this paragraph (1) of subsection (f) of | ||||||
14 | this Section applies to a complaint investigation. "; and | ||||||
15 | on page 597, line 4, after " complaint ", by inserting " and | ||||||
16 | incident report "; and | ||||||
17 | on page 597, by replacing lines 5 and 6 with the following: | ||||||
18 | " shall permit the facility to challenge the amount of the fine | ||||||
19 | due to the excessive length of "; and | ||||||
20 | on page 597, immediately below line 15, by inserting the |
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1 | following: | ||||||
2 | " This paragraph (2) does not apply to complaint | ||||||
3 | investigations exited within 14 working days or a situation | ||||||
4 | that triggers an extended survey. "; and | ||||||
5 | on page 624, line 8, after " occurred, ", by inserting " and the | ||||||
6 | facility in which the applicant resides is notified, "; and | ||||||
7 | on page 625, line 5, by replacing " 2014 " with " 2013 "; and | ||||||
8 | on page 625, line 6, by replacing " 2015 " with " 2014 ".
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