Full Text of SB3021 96th General Assembly
SB3021sam001 96TH GENERAL ASSEMBLY
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Sen. William Delgado
Filed: 2/18/2010
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| AMENDMENT TO SENATE BILL 3021
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| AMENDMENT NO. ______. Amend Senate Bill 3021 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The MR/DD Community Care Act is amended by | 5 |
| changing Sections 1-101.05, 3-305, 3-306, and 3-308 as follows: | 6 |
| (210 ILCS 47/1-101.05) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date )
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| Sec. 1-101.05. Prior law. | 10 |
| (a) This Act provides for licensure of intermediate
care | 11 |
| facilities for the developmentally disabled and long-term
care | 12 |
| for under age 22 facilities under this Act instead of under the | 13 |
| Nursing Home Care Act. On and after the effective date of this | 14 |
| Act, those facilities shall be governed by this Act instead of | 15 |
| the Nursing Home Care Act. | 16 |
| (b) (Blank) If any other Act of the General Assembly |
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| changes, adds, or repeals a provision of the Nursing Home Care | 2 |
| Act that is the same as or substantially similar to a provision | 3 |
| of this Act, then that change, addition, or repeal in the | 4 |
| Nursing Home Care Act shall be construed together with this | 5 |
| Act . | 6 |
| (c) Nothing in this Act affects the validity or effect of | 7 |
| any finding, decision, or action made or taken by the | 8 |
| Department or the Director under the Nursing Home Care Act | 9 |
| before the effective date of this Act with respect to a | 10 |
| facility subject to licensure under this Act. That finding, | 11 |
| decision, or action shall continue to apply to the facility on | 12 |
| and after the effective date of this Act. Any finding, | 13 |
| decision, or action with respect to the facility made or taken | 14 |
| on or after the effective date of this Act shall be made or | 15 |
| taken as provided in this Act.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 17 |
| (210 ILCS 47/3-305) | 18 |
| (This Section may contain text from a Public Act with a | 19 |
| delayed effective date ) | 20 |
| Sec. 3-305. Penalties or fines. The license of a facility | 21 |
| which is in violation of this Act or any rule adopted | 22 |
| thereunder may be subject to the penalties or fines levied by | 23 |
| the Department as specified in this Section. | 24 |
| (1) Unless a greater penalty or fine is allowed under | 25 |
| subsection (3), a licensee who commits a Type "A" violation |
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| as defined in Section 1-129 is automatically issued a | 2 |
| conditional license for a period of 6 months to coincide | 3 |
| with an acceptable plan of correction and assessed a fine | 4 |
| computed at a rate of $5.00 per resident in the facility | 5 |
| plus 20 cents per resident for each day of the violation, | 6 |
| commencing on the date a notice of the violation is served | 7 |
| under Section 3-301 and ending on the date the violation is | 8 |
| corrected, or a fine not greater than $50 per licensed bed | 9 |
| of not less than $5,000 , or when death, serious mental or | 10 |
| physical harm, permanent disability, or disfigurement | 11 |
| results, a fine of not greater than $100 per licensed bed | 12 |
| not less than $10,000 , whichever is greater. | 13 |
| (2) A licensee who commits a Type "B" violation or who | 14 |
| is issued an administrative warning for a violation of | 15 |
| Sections 3-401 through 3-413 or the rules promulgated | 16 |
| thereunder is subject to a penalty computed at a rate of $3 | 17 |
| per resident in the facility, plus 15 cents per resident | 18 |
| for each day of the violation, commencing on the date a | 19 |
| notice of the violation is served under Section 3-301 and | 20 |
| ending on the date the violation is corrected, or a fine | 21 |
| not less than $5 per licensed bed $500 , whichever is | 22 |
| greater. Such fine shall be assessed on the date of notice | 23 |
| of the violation and shall be suspended for violations that | 24 |
| continue after such date upon completion of a plan of | 25 |
| correction in accordance with Section 3-308 in relation to | 26 |
| the assessment of fines and correction. Failure to correct |
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| such violation within the time period approved under a plan | 2 |
| of correction shall result in a fine and conditional | 3 |
| license as provided under subsection (5). | 4 |
| (3) A licensee who commits a Type "A" violation as | 5 |
| defined in Section 1-129 which continues beyond the time | 6 |
| specified in paragraph (a) of Section 3-303 3 303 which is | 7 |
| cited as a repeat violation shall have its license revoked | 8 |
| and shall be assessed a fine of 3 times the fine computed | 9 |
| per resident per day under subsection (1). | 10 |
| (4) A licensee who fails to satisfactorily comply with | 11 |
| an accepted plan of correction for a Type "B" violation or | 12 |
| an administrative warning issued pursuant to Sections | 13 |
| 3-401 through 3-413 or the rules promulgated thereunder | 14 |
| shall be automatically issued a conditional license for a | 15 |
| period of not less than 6 months. A second or subsequent | 16 |
| acceptable plan of correction shall be filed. A fine shall | 17 |
| be assessed in accordance with subsection (2) when cited | 18 |
| for the repeat violation. This fine shall be computed for | 19 |
| all days of the violation, including the duration of the | 20 |
| first plan of correction compliance time. | 21 |
| (5) For the purpose of computing a penalty under | 22 |
| subsections (2) through (4), the number of residents per | 23 |
| day shall be based on the average number of residents in | 24 |
| the facility during the 30 days preceding the discovery of | 25 |
| the violation. | 26 |
| (6) When the Department finds that a provision of |
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| Article II has been violated with regard to a particular | 2 |
| resident, the Department shall issue an order requiring the | 3 |
| facility to reimburse the resident for injuries incurred, | 4 |
| or $100, whichever is greater. In the case of a violation | 5 |
| involving any action other than theft of money belonging to | 6 |
| a resident, reimbursement shall be ordered only if a | 7 |
| provision of Article II has been violated with regard to | 8 |
| that or any other resident of the facility within the 2 | 9 |
| years immediately preceding the violation in question. | 10 |
| (7) For purposes of assessing fines under this Section, | 11 |
| a repeat violation shall be a violation which has been | 12 |
| cited during one inspection of the facility for which an | 13 |
| accepted plan of correction was not complied with. A repeat | 14 |
| violation shall not be a new citation of the same rule, | 15 |
| unless the licensee is not substantially addressing the | 16 |
| issue routinely throughout the facility.
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| (Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.) | 18 |
| (210 ILCS 47/3-306) | 19 |
| (This Section may contain text from a Public Act with a | 20 |
| delayed effective date ) | 21 |
| Sec. 3-306. Factors to be considered in determining | 22 |
| penalty. In determining whether a penalty is to be imposed and | 23 |
| in fixing the amount of the penalty to be imposed, if any, for | 24 |
| a violation, the Director shall consider the following factors: | 25 |
| (1) The gravity of the violation, including the |
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| probability that death or serious physical or mental harm | 2 |
| to a resident will result or has resulted; the severity of | 3 |
| the actual or potential harm, and the extent to which the | 4 |
| provisions of the applicable statutes or regulations were | 5 |
| violated; | 6 |
| (2) The reasonable diligence exercised by the licensee | 7 |
| and efforts to correct violations; | 8 |
| (3) Any previous violations committed by the licensee; | 9 |
| and | 10 |
| (4) The financial benefit to the facility of committing | 11 |
| or continuing the violation ; and .
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| (5) The average occupancy of the facility calculated | 13 |
| over the past 3 months. | 14 |
| (Source: P.A. 96-339, eff. 7-1-10.) | 15 |
| (210 ILCS 47/3-308) | 16 |
| (This Section may contain text from a Public Act with a | 17 |
| delayed effective date ) | 18 |
| Sec. 3-308. Time of assessment; plan of correction. In the | 19 |
| case of a Type "A" violation, a penalty may be assessed from | 20 |
| the date on which the violation is discovered. In the case of a | 21 |
| Type "B" or Type "C" violation or an administrative warning | 22 |
| issued pursuant to Sections 3-401 through 3-413 or the rules | 23 |
| promulgated thereunder, the facility shall submit a plan of | 24 |
| correction as provided in Section 3-303.
In the case of a Type | 25 |
| "B" violation or an administrative warning issued pursuant to |
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| Sections 3-401 through 3-413 or the rules promulgated | 2 |
| thereunder, a penalty shall be assessed on the date of notice | 3 |
| of the violation, but the Director may reduce the amount or | 4 |
| waive such payment for any of the following reasons: | 5 |
| (a) The facility submits a true report of correction
within | 6 |
| 10 days; | 7 |
| (b) The facility submits a plan of correction within
10 | 8 |
| days and subsequently submits a true report of correction | 9 |
| within 15 days thereafter; | 10 |
| (c) The facility submits a plan of correction within
10 | 11 |
| days which provides for a correction time that is less than or | 12 |
| equal to 30 days and the Department approves such plan; or | 13 |
| (d) The facility submits a plan of correction for
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| violations involving substantial capital improvements which | 15 |
| provides for correction within the initial 90 day limit | 16 |
| provided under Section 3-303.
The Director shall consider the | 17 |
| following factors in determinations to reduce or waive such | 18 |
| penalties: | 19 |
| (1) The violation has not caused actual harm to a
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| resident; | 21 |
| (2) The facility has made a diligent effort to
correct | 22 |
| the violation and to prevent its recurrence; | 23 |
| (3) The facility has no record of a pervasive
pattern | 24 |
| of the same or similar violations; and | 25 |
| (4) The facility has a record of substantial
compliance | 26 |
| with this Act and the regulations promulgated hereunder. |
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| If a plan of correction is approved and carried out for a | 2 |
| Type "C" violation, the fine provided under Section 3-305 shall | 3 |
| be suspended for the time period specified in the approved plan | 4 |
| of correction. If a plan of correction is approved and carried | 5 |
| out for a Type "B" violation or an administrative warning | 6 |
| issued pursuant to Sections 3-401 through 3-413 or the rules | 7 |
| promulgated thereunder, with respect to a violation that | 8 |
| continues after the date of notice of violation, the fine | 9 |
| provided under Section 3-305 shall be suspended for the time | 10 |
| period specified in the approved plan of correction. | 11 |
| If a good faith plan of correction is not received within | 12 |
| the time provided by Section 3-303, a penalty may be assessed | 13 |
| from the date of the notice of the Type "B" or "C" violation or | 14 |
| an administrative warning issued pursuant to Sections 3-401 | 15 |
| through 3-413 or the rules promulgated thereunder served under | 16 |
| Section 3-301 until the date of the receipt of a good faith | 17 |
| plan of correction, or until the date the violation is | 18 |
| corrected, whichever is earlier. If a violation is not | 19 |
| corrected within the time specified by an approved plan of | 20 |
| correction or any lawful extension thereof, a penalty may be | 21 |
| assessed from the date of notice of the violation, until the | 22 |
| date the violation is corrected.
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| (Source: P.A. 96-339, eff. 7-1-10.)
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| Section 99. Effective date. This Act takes effect July 1, | 25 |
| 2010.".
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