Illinois General Assembly - Full Text of SB0478
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Full Text of SB0478  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/23/2021, by Sen. Sara Feigenholtz


210 ILCS 45/3-304.2

    Amends the Nursing Home Care Act. In provisions regarding the designation of distressed facilities, provides that the Department of Public Health shall, by rule, adopt criteria to identify facilities that are distressed and shall publish a list of identified facilities quarterly (rather than generate and publish quarterly a list of distressed facilities using specified criteria). Provides that no facility shall be identified as a distressed facility unless it has committed violations or deficiencies that have actually harmed residents. Removes language requiring the Department to complete a test run of any substitute criteria to determine their reliability by comparing the number of facilities identified as distressed against the number of distressed facilities generated.

LRB102 10915 CPF 17084 b





SB0478LRB102 10915 CPF 17084 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
5changing Section 3-304.2 as follows:
6    (210 ILCS 45/3-304.2)
7    Sec. 3-304.2. Designation of distressed facilities.
8    (a) The Department shall, by rule, adopt criteria to
9identify facilities that are distressed and shall publish a
10list of identified facilities quarterly. No facility shall be
11identified as a distressed facility unless it has committed
12violations or deficiencies that have actually harmed
13residents. By May 1, 2011, and quarterly thereafter, the
14Department shall generate and publish quarterly a list of
15distressed facilities. Criteria for inclusion of certified
16facilities on the list shall be those used by the U.S. General
17Accounting Office in report 9-689, until such time as the
18Department by rule modifies the criteria.
19    (b) (Blank). In deciding whether and how to modify the
20criteria used by the General Accounting Office, the Department
21shall complete a test run of any substitute criteria to
22determine their reliability by comparing the number of
23facilities identified as distressed against the number of



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1distressed facilities generated using the criteria contained
2in the General Accounting Office report. The Department may
3not adopt substitute criteria that generate fewer facilities
4with a distressed designation than are produced by the General
5Accounting Office criteria during the test run.
6    (c) The Department shall, by rule, adopt criteria to
7identify non-Medicaid-certified facilities that are distressed
8and shall publish this list quarterly beginning October 1,
10    (d) The Department shall notify each facility of its
11distressed designation, and of the calculation on which it is
13    (e) A distressed facility may contract with an independent
14consultant meeting criteria established by the Department. If
15the distressed facility does not seek the assistance of an
16independent consultant, the Department shall place a monitor
17or a temporary manager in the facility, depending on the
18Department's assessment of the condition of the facility.
19    (f) Independent consultant. A facility that has been
20designated a distressed facility may contract with an
21independent consultant to develop and assist in the
22implementation of a plan of improvement to bring and keep the
23facility in compliance with this Act and, if applicable, with
24federal certification requirements. A facility that contracts
25with an independent consultant shall have 90 days to develop a
26plan of improvement and demonstrate a good faith effort at



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1implementation, and another 90 days to achieve compliance and
2take whatever additional actions are called for in the
3improvement plan to maintain compliance. A facility that the
4Department determines has a plan of improvement likely to
5bring and keep the facility in compliance and that has
6demonstrated good faith efforts at implementation within the
7first 90 days may be eligible to receive a grant under the
8Equity in Long-term Care Quality Act to assist it in achieving
9and maintaining compliance. In this subsection, "independent"
10consultant means an individual who has no professional or
11financial relationship with the facility, any person with a
12reportable ownership interest in the facility, or any related
13parties. In this subsection, "related parties" has the meaning
14attributed to it in the instructions for completing Medicaid
15cost reports.
16    (f-5) Monitor and temporary managers. A distressed
17facility that does not contract with a consultant shall be
18assigned a monitor or a temporary manager at the Department's
19discretion. The cost of the temporary manager shall be paid by
20the facility. The temporary manager shall have the authority
21determined by the Department, which may grant the temporary
22manager any or all of the authority a court may grant a
23receiver. The temporary manager may apply to the Equity in
24Long-term Care Quality Fund for grant funds to implement the
25plan of improvement.
26    (g) The Department shall by rule establish a mentor



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1program for owners of distressed facilities.
2    (h) The Department shall by rule establish sanctions (in
3addition to those authorized elsewhere in this Article)
4against distressed facilities that are not in compliance with
5this Act and (if applicable) with federal certification
6requirements. Criteria for imposing sanctions shall take into
7account a facility's actions to address the violations and
8deficiencies that caused its designation as a distressed
9facility, and its compliance with this Act and with federal
10certification requirements (if applicable), subsequent to its
11designation as a distressed facility, including mandatory
12revocations if criteria can be agreed upon by the Department,
13resident advocates, and representatives of the nursing home
14profession. By February 1, 2011, the Department shall report
15to the General Assembly on the results of negotiations about
16creating criteria for mandatory license revocations of
17distressed facilities and make recommendations about any
18statutory changes it believes are appropriate to protect the
19health, safety, and welfare of nursing home residents.
20    (i) The Department may establish by rule criteria for
21restricting the owner of a facility on the distressed list
22from acquiring additional skilled nursing facilities.
23(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)