HB5829 94TH GENERAL ASSEMBLY

LRB094 21215 DRJ 59646 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5829

Introduced 08/29/06, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-202	from Ch. 111 1/2, par. 4153-202
30 ILCS 805/8.30 new

Amends the Nursing Home Care Act and the State Mandates Act. Provides that the minimum standards adopted by the Department of Public Health for the operation of nursing homes must include a requirement that all areas of a nursing home used by residents of the nursing home be air conditioned; provides that such areas include bedrooms and common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms. Provides that no reimbursement by the State is required for the implementation of any mandate created by this requirement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 3-202 as follows:

(210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)

Sec. 3-202. The Department shall prescribe minimum standards for facilities. These standards shall regulate:

(1) Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;

(2) Number and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;

(3) All sanitary conditions within the facility and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;

(4) Diet related to the needs of each resident based on good nutritional practice and on recommendations which may be made by the physicians attending the resident;

(5) Equipment essential to the health and welfare of the residents;

(6) A program of habilitation and rehabilitation for those residents who would benefit from such programs;

(7) A program for adequate maintenance of physical plant and equipment;

(8) Adequate accommodations, staff and services for the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that all areas of a nursing home used by residents of the nursing home be air conditioned. The areas subject to this air-conditioning requirement include, without limitation, bedrooms and common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms.

(9) Development of evacuation and other appropriate safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and

(10) Maintenance of minimum financial or other resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act.

(Source: P.A. 83-1530.)

Section 90. The State Mandates Act is amended by adding Section 8.30 as follows:

(30 ILCS 805/8.30 new)

Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

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