Sen. Heather A. Steans

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2353

2    AMENDMENT NO. ______. Amend Senate Bill 2353, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Nursing Home Care Act is amended by
6changing Sections 3-208 and 3-304.1 as follows:
 
7    (210 ILCS 45/3-208)  (from Ch. 111 1/2, par. 4153-208)
8    Sec. 3-208. (a) Each licensee shall file annually, or more
9often as the Director shall by rule prescribe, an attested
10financial statement. The Director may order an audited
11financial statement of a particular facility by an auditor of
12the Director's choice, provided the cost of such audit is paid
13by the Department.
14    (b) No public funds shall be expended for the maintenance
15of any resident in a facility which has failed to file the
16financial statement required under this Section and no public

 

 

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1funds shall be paid to or on behalf of a facility which has
2failed to file a statement.
3    (c) The Director of Public Health and the Director of
4Healthcare and Family Services shall promulgate under Sections
53-801 and 3-802, one set of regulations for the filing of these
6financial statements, and shall provide in these regulations
7for forms, required information, intervals and dates of filing
8and such other provisions as they may deem necessary.
9    (c-5) A facility which is owned by a chain organization as
10defined by the Centers for Medicare and Medicaid Services shall
11submit annually to the Department a copy of the Home Office
12Cost Statement required to be submitted by the home office of
13the chain to the United States Department of Health and Human
14Services. This Home Office Cost Statement contains
15proprietary, privileged, and confidential information that
16shall not be placed on the World Wide Web. Any request from the
17public received by any public agency to disclose this Home
18Office Cost Statement shall be subject to the provisions of the
19Freedom of Information Act.
20    (d) The Director of Public Health and the Director of
21Healthcare and Family Services shall seek the advice and
22comments of other State and federal agencies which require the
23submission of financial data from facilities licensed under
24this Act and shall incorporate the information requirements of
25these agencies so as to impose the least possible burden on
26licensees. No other State agency may require submission of

 

 

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1financial data except as expressly authorized by law or as
2necessary to meet requirements of federal statutes or
3regulations. Information obtained under this Section shall be
4made available, upon request, by the Department to any other
5State agency or legislative commission to which such
6information is necessary for investigations or required for the
7purposes of State or federal law or regulation.
8(Source: P.A. 95-331, eff. 8-21-07.)
 
9    (210 ILCS 45/3-304.1)
10    Sec. 3-304.1. Public computer access to information.
11    (a) The Department must make information regarding nursing
12homes in the State available to the public in electronic form
13on the World Wide Web, including all of the following
14information:
15        (1) who regulates nursing homes;
16        (2) information in the possession of the Department
17    that is listed in Sections 3-210 and 3-304;
18        (3) deficiencies and plans of correction;
19        (4) enforcement remedies;
20        (5) penalty letters;
21        (6) designation of penalty monies;
22        (7) the U.S. Department of Health and Human Services'
23    Health Care Financing Administration special projects or
24    federally required inspections;
25        (8) advisory standards;

 

 

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1        (9) deficiency-free surveys;
2        (10) enforcement actions and enforcement summaries;
3    and
4        (11) distressed facilities; .
5        (12) a link to the most recent facility cost report
6    filed with the Department of Healthcare and Family
7    Services;
8        (13) a link to the most recent Consumer Choice
9    Information Report filed with the Department on Aging;
10        (14) whether the facility is part of a chain; the
11    facility shall be deemed part of a chain if it meets
12    criteria established by the United States Department of
13    Health and Human Services that identify it as owned by a
14    chain organization;
15        (15) whether the facility is a for-profit or
16    not-for-profit facility; and
17        (16) whether the facility is or is part of a continuing
18    care retirement community.
19    (b) No fee or other charge may be imposed by the Department
20as a condition of accessing the information.
21    (c) The electronic public access provided through the World
22Wide Web shall be in addition to any other electronic or print
23distribution of the information.
24    (d) The information shall be made available as provided in
25this Section in the shortest practicable time after it is
26publicly available in any other form.

 

 

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1(Source: P.A. 96-1372, eff. 7-29-10.)".