Full Text of HB1380 97th General Assembly
HB1380ham001 97TH GENERAL ASSEMBLY | Rep. Dan Reitz Filed: 4/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1380
| 2 | | AMENDMENT NO. ______. Amend House Bill 1380 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-130 as follows: | 7 | | (20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82) | 8 | | Sec. 2310-130. Medicare or Medicaid certification fee;
| 9 | | Health Care Facility and Program Survey
Fund. To establish and | 10 | | charge a fee to any facility or program applying to be
| 11 | | certified to participate in the Medicare
program under Title | 12 | | XVIII of the federal Social Security Act or in the Medicaid
| 13 | | program under Title XIX of the federal Social Security Act to | 14 | | cover the costs
associated with the application, inspection, | 15 | | and survey of the facility or
program and processing of the | 16 | | application. The Department shall establish
the
fee by rule, |
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| 1 | | and the fee shall be based only on those application,
| 2 | | inspection,
and survey and processing costs not reimbursed to | 3 | | the State by the federal
government. The fee shall be paid by | 4 | | the facility or program before the
application is processed. | 5 | | The fees received by the Department under this Section | 6 | | shall be
deposited into the Health Care Facility and Program | 7 | | Survey Fund, which is
hereby created as a special fund in the | 8 | | State treasury. Moneys in the Fund
shall be appropriated to the | 9 | | Department and may be used for any costs incurred
by the | 10 | | Department, including personnel costs, in the processing of
| 11 | | applications for Medicare or Medicaid certification. | 12 | | Beginning July 1, 2011, the Department shall employ a | 13 | | minimum of one surveyor for every 500 licensed long term care | 14 | | beds. Beginning July 1, 2012, the Department shall employ a | 15 | | minimum of one surveyor for every 400 licensed long term care | 16 | | beds. Beginning July 1, 2013, the Department shall employ a | 17 | | minimum of one surveyor for every 300 licensed long term care | 18 | | beds. | 19 | | The Department shall establish a surveyor training unit | 20 | | funded from money deposited in the Long Term Care | 21 | | Monitor/Receiver Fund. | 22 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 23 | | Section 10. The Nursing Home Care Act is amended by | 24 | | changing Section 3-103 as follows:
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| 1 | | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| 2 | | Sec. 3-103. The procedure for obtaining a valid license | 3 | | shall be as follows:
| 4 | | (1) Application to operate a facility shall be made to
| 5 | | the Department on forms furnished by the Department.
| 6 | | (2)
All license applications shall be accompanied with | 7 | | an application fee.
The fee
for an annual license shall be | 8 | | $1,990. Facilities that pay a fee or assessment pursuant to | 9 | | Article V-C of the Illinois Public Aid Code shall be exempt | 10 | | from the license fee imposed under this item (2). The fee | 11 | | for a 2-year
license shall be double the fee for the annual | 12 | | license. The
fees collected
shall be deposited with the | 13 | | State Treasurer into the Long Term Care
Monitor/Receiver | 14 | | Fund, which has been created as a special fund in the State
| 15 | | treasury.
This special fund is to be used by the Department | 16 | | for expenses related to
the appointment of monitors and | 17 | | receivers as contained in Sections 3-501
through 3-517 of | 18 | | this Act, for the enforcement of this Act, for expenses | 19 | | related to surveyor training, and for implementation of the | 20 | | Abuse Prevention Review Team Act. All federal moneys | 21 | | received as a result of expenditures from the Fund shall be | 22 | | deposited into the Fund. The Department may reduce or waive | 23 | | a penalty pursuant to Section 3-308 only if that action | 24 | | will not threaten the ability of the Department to meet the | 25 | | expenses required to be met by the Long Term Care | 26 | | Monitor/Receiver Fund. The application shall be under
oath |
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| 1 | | and the submission of false or misleading information shall | 2 | | be a Class
A misdemeanor. The application shall contain the | 3 | | following information:
| 4 | | (a) The name and address of the applicant if an | 5 | | individual, and if a firm,
partnership, or | 6 | | association, of every member thereof, and in the case | 7 | | of
a corporation, the name and address thereof and of | 8 | | its officers and its
registered agent, and in the case | 9 | | of a unit of local government, the name
and address of | 10 | | its chief executive officer;
| 11 | | (b) The name and location of the facility for which | 12 | | a license is sought;
| 13 | | (c) The name of the person or persons under whose | 14 | | management or
supervision
the facility will be | 15 | | conducted;
| 16 | | (d) The number and type of residents for which | 17 | | maintenance, personal care,
or nursing is to be | 18 | | provided; and
| 19 | | (e) Such information relating to the number, | 20 | | experience, and training
of the employees of the | 21 | | facility, any management agreements for the operation
| 22 | | of the facility, and of the moral character of the | 23 | | applicant and employees
as the Department may deem | 24 | | necessary.
| 25 | | (3) Each initial application shall be accompanied by a | 26 | | financial
statement setting forth the financial condition |
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| 1 | | of the applicant and by a
statement from the unit of local | 2 | | government having zoning jurisdiction over
the facility's | 3 | | location stating that the location of the facility is not | 4 | | in
violation of a zoning ordinance. An initial application | 5 | | for a new facility
shall be accompanied by a permit as | 6 | | required by the "Illinois Health Facilities
Planning Act". | 7 | | After the application is approved, the applicant shall
| 8 | | advise the Department every 6 months of any changes in the | 9 | | information
originally provided in the application.
| 10 | | (4) Other information necessary to determine the | 11 | | identity and qualifications
of an applicant to operate a | 12 | | facility in accordance with this Act shall
be included in | 13 | | the application as required by the Department in | 14 | | regulations.
| 15 | | (Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; | 16 | | 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised | 17 | | 2-23-11.)".
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