SB3465 103RD GENERAL ASSEMBLY

LRB103 38500 CES 68636 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3465

Introduced 2/8/2024, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-209

from Ch. 111 1/2, par. 4153-209

Amends the Nursing Home Care Act. Provides that a facility that has received a notice of violation for a violation of minimum staffing requirements is not required to display a notice concerning the violation if staffing was at 90% of the minimum staffing requirements or the facility corrected the violation of the minimum staffing requirements before the posting deadline. Effective immediately.

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 3-209 as follows:

(210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)

Sec. 3-209. Required posting of information.

(a) Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:

(1) Its current license;

(2) A description, provided by the Department, of complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;

(3) A copy of any order pertaining to the facility issued by the Department or a court;

(4) A list of the material available for public inspection under Section 3-210;

(5) Phone numbers and websites for rights protection services must be posted in common areas and at the main entrance and provided upon entry and at the request of residents or the resident's representative in accordance with 42 CFR 483.10(j)(4); and

(6) The statement "The Illinois Long-Term Care Ombudsman Program is a free resident advocacy service available to the public.".

In accordance with F574 of the State Operations Manual for Long-Term Care Facilities, the administrator shall post for all residents and at the main entrance the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged in language the resident can understand, which must include notice of the grievance procedure of the facility or program as well as addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program and a website showing the information of a facility's ownership. The facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website.

(b) A facility that has received a notice of violation for a violation of the minimum staffing requirements under Section 3-202.05 shall display, during the period of time the facility is out of compliance, a notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by 11 inch white paper the following:

"Notice Dated: ................... This facility does not currently meet the minimum staffing ratios required by law. Posted at the direction of the Illinois Department of Public Health.".

The notice must be posted, at a minimum, at all publicly used exterior entryways into the facility, inside the main entrance lobby, and next to any registration desk for easily accessible viewing. The notice must also be posted on the main page of the facility's website. The Department shall have the discretion to determine the gravity of any violation and, taking into account mitigating and aggravating circumstances and facts, may reduce the requirement of, and amount of time for, posting the notice.

The display of information under this subsection (b) by a facility is not required if:

(1) staffing was at 90% of the minimum staffing requirements; or

(2) the facility has corrected the violation of the minimum staffing requirements before the posting deadline.

(Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23.)

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