98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0045

 

Introduced 1/16/2013, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-202.05

    Amends the Nursing Home Care Act. Provides that the Department of Public Health shall promulgate rules specific to the staffing requirements for facilities that are federally defined as Institutions for Mental Disease and for facilities that are licensed under the Specialized Mental Health Rehabilitation Act (instead of within 120 days of the effective date of Public Act 97-689, the Department of Public Health shall promulgate such rules). Effective immediately.


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A BILL FOR

 

SB0045LRB098 02921 RPM 32933 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-202.05 as follows:
 
6    (210 ILCS 45/3-202.05)
7    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
8thereafter.
9    (a) For the purpose of computing staff to resident ratios,
10direct care staff shall include:
11        (1) registered nurses;
12        (2) licensed practical nurses;
13        (3) certified nurse assistants;
14        (4) psychiatric services rehabilitation aides;
15        (5) rehabilitation and therapy aides;
16        (6) psychiatric services rehabilitation coordinators;
17        (7) assistant directors of nursing;
18        (8) 50% of the Director of Nurses' time; and
19        (9) 30% of the Social Services Directors' time.
20    The Department shall, by rule, allow certain facilities
21subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
22S) to utilize specialized clinical staff, as defined in rules,
23to count towards the staffing ratios.

 

 

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1    The Within 120 days of the effective date of this
2amendatory Act of the 97th General Assembly, the Department
3shall promulgate rules specific to the staffing requirements
4for facilities federally defined as Institutions for Mental
5Disease. These rules shall recognize the unique nature of
6individuals with chronic mental health conditions, shall
7include minimum requirements for specialized clinical staff,
8including clinical social workers, psychiatrists,
9psychologists, and direct care staff set forth in paragraphs
10(4) through (6) and any other specialized staff which may be
11utilized and deemed necessary to count toward staffing ratios.
12    The Within 120 days of the effective date of this
13amendatory Act of the 97th General Assembly, the Department
14shall promulgate rules specific to the staffing requirements
15for facilities licensed under the Specialized Mental Health
16Rehabilitation Act. These rules shall recognize the unique
17nature of individuals with chronic mental health conditions,
18shall include minimum requirements for specialized clinical
19staff, including clinical social workers, psychiatrists,
20psychologists, and direct care staff set forth in paragraphs
21(4) through (6) and any other specialized staff which may be
22utilized and deemed necessary to count toward staffing ratios.
23    (b) Beginning January 1, 2011, and thereafter, light
24intermediate care shall be staffed at the same staffing ratio
25as intermediate care.
26    (c) Facilities shall notify the Department within 60 days

 

 

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1after the effective date of this amendatory Act of the 96th
2General Assembly, in a form and manner prescribed by the
3Department, of the staffing ratios in effect on the effective
4date of this amendatory Act of the 96th General Assembly for
5both intermediate and skilled care and the number of residents
6receiving each level of care.
7    (d)(1) Effective July 1, 2010, for each resident needing
8skilled care, a minimum staffing ratio of 2.5 hours of nursing
9and personal care each day must be provided; for each resident
10needing intermediate care, 1.7 hours of nursing and personal
11care each day must be provided.
12    (2) Effective January 1, 2011, the minimum staffing ratios
13shall be increased to 2.7 hours of nursing and personal care
14each day for a resident needing skilled care and 1.9 hours of
15nursing and personal care each day for a resident needing
16intermediate care.
17    (3) Effective January 1, 2012, the minimum staffing ratios
18shall be increased to 3.0 hours of nursing and personal care
19each day for a resident needing skilled care and 2.1 hours of
20nursing and personal care each day for a resident needing
21intermediate care.
22    (4) Effective January 1, 2013, the minimum staffing ratios
23shall be increased to 3.4 hours of nursing and personal care
24each day for a resident needing skilled care and 2.3 hours of
25nursing and personal care each day for a resident needing
26intermediate care.

 

 

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1    (5) Effective January 1, 2014, the minimum staffing ratios
2shall be increased to 3.8 hours of nursing and personal care
3each day for a resident needing skilled care and 2.5 hours of
4nursing and personal care each day for a resident needing
5intermediate care.
6    (e) Ninety days after the effective date of this amendatory
7Act of the 97th General Assembly, a minimum of 25% of nursing
8and personal care time shall be provided by licensed nurses,
9with at least 10% of nursing and personal care time provided by
10registered nurses. These minimum requirements shall remain in
11effect until an acuity based registered nurse requirement is
12promulgated by rule concurrent with the adoption of the
13Resource Utilization Group classification-based payment
14methodology, as provided in Section 5-5.2 of the Illinois
15Public Aid Code. Registered nurses and licensed practical
16nurses employed by a facility in excess of these requirements
17may be used to satisfy the remaining 75% of the nursing and
18personal care time requirements. Notwithstanding this
19subsection, no staffing requirement in statute in effect on the
20effective date of this amendatory Act of the 97th General
21Assembly shall be reduced on account of this subsection.
22(Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11;
2397-689, eff. 6-14-12.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.