SB2968 98TH GENERAL ASSEMBLY

LRB098 16948 RPS 52023 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2968

Introduced 2/4/2014, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-423

from Ch. 111 1/2, par. 4153-423

Amends the Nursing Home Care Act. Provides that if a facility is closing, the administrator (rather than owner) of the facility shall give 60 days (rather than 90 days) notice of the closing to the residents of the facility, to the resident's representative, and to other specified entities. Requires the administrator of the facility to provide notice of the closure to the Office of State Long Term Care Ombudsman. Provides that if the facility is closing because the Department of Public Health suspended, revoked, or denied renewal of the facility's license, then the administrator of the facility must provide notice no later than the date specified by the Department. Requires a facility to submit a closure plan to the Department for approval that addresses the safe and orderly transfer of residents. Provides that if a facility is closing in its entirety, then the facility shall not admit any new residents on or after the date notice is given to the Department. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 3-423 as follows:

(210 ILCS 45/3-423) (from Ch. 111 1/2, par. 4153-423)

Sec. 3-423. The administrator Any owner of a facility licensed under this Act shall give 60 90 days notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will require the transfer or discharge of more than 10% of the residents. Such notice shall be given to the Department, to the Office of State Long Term Care Ombudsman, to any resident who must be transferred or discharged, to the resident's representative, and to a member of the resident's family, where practicable. If the Department suspends, revokes, or denies renewal of the facility's license, then notice shall be given no later than the date specified by the Department. Notice shall state the proposed date of closing and the reason for closing. The facility shall submit a closure plan to the Department for approval which shall address the process for the safe and orderly transfer of residents. The facility shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternate placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. A facility closing in its entirety shall not admit any new residents on or after the date written notice is submitted to the Department under this Section. The facility shall comply with all applicable laws and regulations until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the facility as provided under Section 3-419.

(Source: P.A. 81-223.)

Section 99. Effective date. This Act takes effect upon becoming law.