Full Text of HB1716 96th General Assembly
HB1716ham001 96TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 11/16/2010
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| 1 | | AMENDMENT TO HOUSE BILL 1716
| 2 | | AMENDMENT NO. ______. Amend House Bill 1716 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Sections 3-103 and 3-202.05 as follows:
| 6 | | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| 7 | | Sec. 3-103. The procedure for obtaining a valid license | 8 | | shall be as follows:
| 9 | | (1) Application to operate a facility shall be made to
| 10 | | the Department on forms furnished by the Department.
| 11 | | (2)
All license applications shall be accompanied with | 12 | | an application fee.
The fee
for an annual license shall be | 13 | | $1,990. Facilities that pay a fee or assessment pursuant to | 14 | | Article V-C of the Illinois Public Aid Code shall be exempt | 15 | | from the license fee imposed under this item (2). The fee | 16 | | for a 2-year
license shall be double the fee for the annual |
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| 1 | | license set forth in the
preceding sentence . The
fees | 2 | | collected
shall be deposited with the State Treasurer into | 3 | | the Long Term Care
Monitor/Receiver Fund, which has been | 4 | | created as a special fund in the State
treasury.
This | 5 | | special fund is to be used by the Department for expenses | 6 | | related to
the appointment of monitors and receivers as | 7 | | contained in Sections 3-501
through 3-517 of this Act, for | 8 | | the enforcement of this Act, and for implementation of the | 9 | | Abuse Prevention Review Team Act. The Department may reduce | 10 | | or waive a penalty pursuant to Section 3-308 only if that | 11 | | action will not threaten the ability of the Department to | 12 | | meet the expenses required to be met by the Long Term Care | 13 | | Monitor/Receiver Fund. At the end of each fiscal year, any | 14 | | funds in excess of
$1,000,000 held in the Long Term Care | 15 | | Monitor/Receiver Fund shall be
deposited in the State's | 16 | | General Revenue Fund. The application shall be under
oath | 17 | | and the submission of false or misleading information shall | 18 | | be a Class
A misdemeanor. The application shall contain the | 19 | | following information:
| 20 | | (a) The name and address of the applicant if an | 21 | | individual, and if a firm,
partnership, or | 22 | | association, of every member thereof, and in the case | 23 | | of
a corporation, the name and address thereof and of | 24 | | its officers and its
registered agent, and in the case | 25 | | of a unit of local government, the name
and address of | 26 | | its chief executive officer;
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| 1 | | (b) The name and location of the facility for which | 2 | | a license is sought;
| 3 | | (c) The name of the person or persons under whose | 4 | | management or
supervision
the facility will be | 5 | | conducted;
| 6 | | (d) The number and type of residents for which | 7 | | maintenance, personal care,
or nursing is to be | 8 | | provided; and
| 9 | | (e) Such information relating to the number, | 10 | | experience, and training
of the employees of the | 11 | | facility, any management agreements for the operation
| 12 | | of the facility, and of the moral character of the | 13 | | applicant and employees
as the Department may deem | 14 | | necessary.
| 15 | | (3) Each initial application shall be accompanied by a | 16 | | financial
statement setting forth the financial condition | 17 | | of the applicant and by a
statement from the unit of local | 18 | | government having zoning jurisdiction over
the facility's | 19 | | location stating that the location of the facility is not | 20 | | in
violation of a zoning ordinance. An initial application | 21 | | for a new facility
shall be accompanied by a permit as | 22 | | required by the "Illinois Health Facilities
Planning Act". | 23 | | After the application is approved, the applicant shall
| 24 | | advise the Department every 6 months of any changes in the | 25 | | information
originally provided in the application.
| 26 | | (4) Other information necessary to determine the |
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| 1 | | identity and qualifications
of an applicant to operate a | 2 | | facility in accordance with this Act shall
be included in | 3 | | the application as required by the Department in | 4 | | regulations.
| 5 | | (Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
| 6 | | (210 ILCS 45/3-202.05) | 7 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 8 | | thereafter. | 9 | | (a) For the purpose of computing staff to resident ratios, | 10 | | direct care staff shall include: | 11 | | (1) registered nurses; | 12 | | (2) licensed practical nurses; | 13 | | (3) certified nurse assistants; | 14 | | (4) psychiatric services rehabilitation aides; | 15 | | (5) rehabilitation and therapy aides; | 16 | | (6) psychiatric services rehabilitation coordinators; | 17 | | (7) assistant directors of nursing; | 18 | | (8) 50% of the Director of Nurses' time; and | 19 | | (9) 30% of the Social Services Directors' time. | 20 | | The Department shall, by rule, allow certain facilities | 21 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 22 | | S) and 300.6000 and following (Subpart T) to utilize | 23 | | specialized clinical staff, as defined in rules, to count | 24 | | towards the staffing ratios. | 25 | | (b) Beginning January July 1, 2011, and thereafter, light |
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| 1 | | intermediate care shall be staffed at the same staffing ratio | 2 | | as intermediate care. | 3 | | (c) Facilities shall notify the Department within 60 days | 4 | | after the effective date of this amendatory Act of the 96th | 5 | | General Assembly, in a form and manner prescribed by the | 6 | | Department, of the staffing ratios in effect on the effective | 7 | | date of this amendatory Act of the 96th General Assembly for | 8 | | both intermediate and skilled care and the number of residents | 9 | | receiving each level of care. | 10 | | (d)(1) Effective July 1, 2010, for each resident needing | 11 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 12 | | and personal care each day must be provided; for each resident | 13 | | needing intermediate care, 1.7 hours of nursing and personal | 14 | | care each day must be provided. | 15 | | (2) Effective January 1, 2011, the minimum staffing | 16 | | ratios shall be increased to 2.7 hours of nursing and | 17 | | personal care each day for a resident needing skilled care | 18 | | and 1.9 hours of nursing and personal care each day for a | 19 | | resident needing intermediate care. | 20 | | (3) Effective January 1, 2012, the minimum staffing | 21 | | ratios shall be increased to 3.0 hours of nursing and | 22 | | personal care each day for a resident needing skilled care | 23 | | and 2.1 hours of nursing and personal care each day for a | 24 | | resident needing intermediate care. | 25 | | (4) Effective January 1, 2013, the minimum staffing | 26 | | ratios shall be increased to 3.4 hours of nursing and |
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| 1 | | personal care each day for a resident needing skilled care | 2 | | and 2.3 hours of nursing and personal care each day for a | 3 | | resident needing intermediate care. | 4 | | (5) Effective January 1, 2014, the minimum staffing | 5 | | ratios shall be increased to 3.8 hours of nursing and | 6 | | personal care each day for a resident needing skilled care | 7 | | and 2.5 hours of nursing and personal care each day for a | 8 | | resident needing intermediate care.
| 9 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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