Full Text of SB3038 96th General Assembly
SB3038sam001 96TH GENERAL ASSEMBLY
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Sen. Mattie Hunter
Filed: 2/22/2010
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| AMENDMENT TO SENATE BILL 3038
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| AMENDMENT NO. ______. Amend Senate Bill 3038 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, 2-112, 2-203, 2-204, and 3-303.1 as | 6 |
| follows: | 7 |
| (210 ILCS 47/1-101.05) | 8 |
| (This Section may contain text from a Public Act with a | 9 |
| delayed effective date )
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| Sec. 1-101.05. Prior law. | 11 |
| (a) This Act provides for licensure of intermediate
care | 12 |
| facilities for the developmentally disabled and long-term
care | 13 |
| for under age 22 facilities under this Act instead of under the | 14 |
| Nursing Home Care Act. On and after the effective date of this | 15 |
| Act, those facilities shall be governed by this Act instead of | 16 |
| the Nursing Home Care Act. |
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| (b) (Blank) If any other Act of the General Assembly | 2 |
| changes, adds, or repeals a provision of the Nursing Home Care | 3 |
| Act that is the same as or substantially similar to a provision | 4 |
| of this Act, then that change, addition, or repeal in the | 5 |
| Nursing Home Care Act shall be construed together with this | 6 |
| Act . | 7 |
| (c) Nothing in this Act affects the validity or effect of | 8 |
| any finding, decision, or action made or taken by the | 9 |
| Department or the Director under the Nursing Home Care Act | 10 |
| before the effective date of this Act with respect to a | 11 |
| facility subject to licensure under this Act. That finding, | 12 |
| decision, or action shall continue to apply to the facility on | 13 |
| and after the effective date of this Act. Any finding, | 14 |
| decision, or action with respect to the facility made or taken | 15 |
| on or after the effective date of this Act shall be made or | 16 |
| taken as provided in this Act.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 18 |
| (210 ILCS 47/2-112) | 19 |
| (This Section may contain text from a Public Act with a | 20 |
| delayed effective date ) | 21 |
| Sec. 2-112. Grievances. A resident shall be permitted to | 22 |
| present grievances on behalf of himself or herself or others to | 23 |
| the administrator, the DD Long-Term Care Facility Advisory | 24 |
| Board established under Section 2-204 of this Act the Nursing | 25 |
| Home Care Act , the residents' advisory council, State |
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| governmental agencies or other persons without threat of | 2 |
| discharge or reprisal in any form or manner whatsoever. The | 3 |
| administrator shall provide all residents or their | 4 |
| representatives with the name, address, and telephone number of | 5 |
| the appropriate State governmental office where complaints may | 6 |
| be lodged. | 7 |
| (Source: P.A. 96-339, eff. 7-1-10.) | 8 |
| (210 ILCS 47/2-203) | 9 |
| (This Section may contain text from a Public Act with a | 10 |
| delayed effective date ) | 11 |
| Sec. 2-203. Residents' advisory council. Each facility | 12 |
| shall establish a residents' advisory council. The | 13 |
| administrator shall designate a member of the facility staff to | 14 |
| coordinate the establishment of, and render assistance to, the | 15 |
| council. | 16 |
| (a) The composition of the residents' advisory council | 17 |
| shall be specified by Department regulation, but no employee or | 18 |
| affiliate of a facility shall be a member of any council. | 19 |
| (b) The council shall meet at least once each month with | 20 |
| the staff coordinator who shall provide assistance to the | 21 |
| council in preparing and disseminating a report of each meeting | 22 |
| to all residents, the administrator, and the staff. | 23 |
| (c) Records of the council meetings will be maintained in | 24 |
| the office of the administrator. | 25 |
| (d) The residents' advisory council may communicate to the |
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| administrator the opinions and concerns of the residents. The | 2 |
| council shall review procedures for implementing resident | 3 |
| rights, facility responsibilities and make recommendations for | 4 |
| changes or additions which will strengthen the facility's | 5 |
| policies and procedures as they affect residents' rights and | 6 |
| facility responsibilities. | 7 |
| (e) The council shall be a forum for: | 8 |
| (1) Obtaining and disseminating information; | 9 |
| (2) Soliciting and adopting recommendations for | 10 |
| facility programing and improvements; | 11 |
| (3) Early identification and for recommending orderly | 12 |
| resolution of problems. | 13 |
| (f) The council may present complaints as provided in | 14 |
| Section 3-702 on behalf of a resident to the Department, the DD | 15 |
| Long-Term Care Facility Advisory Board established under | 16 |
| Section 2-204 of this Act the Nursing Home Care Act or to any | 17 |
| other person it considers appropriate.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 19 |
| (210 ILCS 47/2-204) | 20 |
| (This Section may contain text from a Public Act with a | 21 |
| delayed effective date )
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| Sec. 2-204. DD Long-Term Care Facility Advisory Board. The | 23 |
| Director shall appoint a DD Facility Advisory Board to consult | 24 |
| with the Department and the residents' advisory councils | 25 |
| created under Section 2-203. |
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| (a) The Advisory Board shall be composed of the following | 2 |
| persons: | 3 |
| (1) the Director who shall serve as chairperson, ex
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| officio, and nonvoting; | 5 |
| (2) one representative each of the Department of
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| Healthcare and Family Services, the Department of Human | 7 |
| Services, and the Office of the State Fire Marshal, all | 8 |
| nonvoting members; | 9 |
| (3) one member who shall be a physician licensed to
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| practice medicine in all its branches; | 11 |
| (4) one member who shall be a behavioral specialist
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| selected from the recommendations of the Department of | 13 |
| Human Services; | 14 |
| (5) three members who shall be selected from the
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| recommendations by organizations whose membership consists | 16 |
| of facilities; | 17 |
| (6) two members who shall represent the general
public | 18 |
| who are not members of a residents' advisory council | 19 |
| established under Section 2-203 and who have no | 20 |
| responsibility for management or formation of policy or | 21 |
| financial interest in a facility; | 22 |
| (7) one member who is a member of a residents'
advisory | 23 |
| council established under Section 2-203 and is capable of | 24 |
| actively participating on the Advisory Board; and | 25 |
| (8) one member who shall be selected from the
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| recommendations of consumer organizations that engage |
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| solely in advocacy or legal representation on behalf of | 2 |
| residents and their immediate families. | 3 |
| (b) The Advisory Board shall meet as frequently as the | 4 |
| chairperson deems necessary, but not less than 4 times each | 5 |
| year. Upon request by 4 or more members, the chairperson shall | 6 |
| call a meeting of the Advisory Board. The affirmative vote of 6 | 7 |
| members of the Advisory Board shall be necessary for Advisory | 8 |
| Board action. A member of the Advisory Board may designate a | 9 |
| replacement to serve at the Advisory Board meeting and vote in | 10 |
| place of the member by submitting a letter of designation to | 11 |
| the chairperson prior to or at the Advisory Board meeting. The | 12 |
| Advisory Board members shall be reimbursed for their actual | 13 |
| expenses incurred in the performance of their duties. | 14 |
| (c) The Advisory Board shall advise the Department of | 15 |
| Public Health on all aspects of its responsibilities under this | 16 |
| Act, including the format and content of any rules promulgated | 17 |
| by the Department of Public Health. Any such rules, except | 18 |
| emergency rules promulgated pursuant to Section 5-45 of the | 19 |
| Illinois Administrative Procedure Act, promulgated without | 20 |
| obtaining the advice of the Advisory Board are null and void. | 21 |
| If the Department fails to follow the advice of the Advisory | 22 |
| Board, the Department shall, prior to the promulgation of such | 23 |
| rules, transmit a written explanation of the reason therefor to | 24 |
| the Advisory Board. During its review of rules, the Advisory | 25 |
| Board shall analyze the economic and regulatory impact of those | 26 |
| rules. If the Advisory Board, having been asked for its advice, |
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| fails to advise the Department within 90 days, the rules shall | 2 |
| be considered acted upon. The Long-Term Care Facility Advisory | 3 |
| Board established under Section 2-204 of the Nursing Home Care | 4 |
| Act shall advise the Department of Public Health on all aspects | 5 |
| of its responsibilities under this Act, including the format | 6 |
| and content of any rules promulgated by the Department of | 7 |
| Public Health. Any such rules, except emergency rules | 8 |
| promulgated pursuant to Section 5-45 of the Illinois | 9 |
| Administrative Procedure Act, promulgated without obtaining | 10 |
| the advice of the Advisory Board are null and void. In the | 11 |
| event that the Department fails to follow the advice of the | 12 |
| Board, the Department shall, prior to the promulgation of such | 13 |
| rules, transmit a written explanation of the reason thereof to | 14 |
| the Board. During its review of rules, the Board shall analyze | 15 |
| the economic and regulatory impact of those rules. If the | 16 |
| Advisory Board, having been asked for its advice, fails to | 17 |
| advise the Department within 90 days, the rules shall be | 18 |
| considered acted upon.
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| (Source: P.A. 96-339, eff. 7-1-10.) | 20 |
| (210 ILCS 47/3-303.1) | 21 |
| (This Section may contain text from a Public Act with a | 22 |
| delayed effective date )
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| Sec. 3-303.1. Waiver of facility's compliance with rule or | 24 |
| standard. Upon application by a facility, the Director may | 25 |
| grant or renew the waiver of the facility's compliance with a |
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| rule or standard for a period not to exceed the duration of the | 2 |
| current license or, in the case of an application for license | 3 |
| renewal, the duration of the renewal period. The waiver may be | 4 |
| conditioned upon the facility taking action prescribed by the | 5 |
| Director as a measure equivalent to compliance. In determining | 6 |
| whether to grant or renew a waiver, the Director shall consider | 7 |
| the duration and basis for any current waiver with respect to | 8 |
| the same rule or standard and the validity and effect upon | 9 |
| patient health and safety of extending it on the same basis, | 10 |
| the effect upon the health and safety of residents, the quality | 11 |
| of resident care, the facility's history of compliance with the | 12 |
| rules and standards of this Act and the facility's attempts to | 13 |
| comply with the particular rule or standard in question. The | 14 |
| Department may provide, by rule, for the automatic renewal of | 15 |
| waivers concerning physical plant requirements upon the | 16 |
| renewal of a license. The Department shall renew waivers | 17 |
| relating to physical plant standards issued pursuant to this | 18 |
| Section at the time of the indicated reviews, unless it can | 19 |
| show why such waivers should not be extended for the following | 20 |
| reasons: | 21 |
| (a) the condition of the physical plant has deteriorated or | 22 |
| its use substantially changed so that the basis upon which the | 23 |
| waiver was issued is materially different; or | 24 |
| (b) the facility is renovated or substantially remodeled in | 25 |
| such a way as to permit compliance with the applicable rules | 26 |
| and standards without substantial increase in cost.
A copy of |
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| each waiver application and each waiver granted or renewed | 2 |
| shall be on file with the Department and available for public | 3 |
| inspection. The Director shall annually review such file and | 4 |
| recommend to the DD Long-Term Care Facility Advisory Board | 5 |
| established under Section 2-204 of this Act Section 2-204 of | 6 |
| the Nursing Home Care Act any modification in rules or | 7 |
| standards suggested by the number and nature of waivers | 8 |
| requested and granted and the difficulties faced in compliance | 9 |
| by similarly situated facilities.
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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, | 12 |
| 2010.".
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