Full Text of SB2147 97th General Assembly
SB2147ham002 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/16/2011
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| 1 | | AMENDMENT TO SENATE BILL 2147
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2147 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. Subject to a specific appropriation, but not earlier than | 15 | | Beginning July 1, 2012, the Department shall employ a minimum | 16 | | of one surveyor for every 400 licensed long term care beds. | 17 | | Subject to a specific appropriation, but not earlier than | 18 | | Beginning July 1, 2013, the Department shall employ a minimum | 19 | | of one surveyor for every 300 licensed long term care beds. | 20 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 21 | | Section 10. The State Finance Act is amended by changing | 22 | | Section 5.589 as follows: | 23 | | (30 ILCS 105/5.589) | 24 | | Sec. 5.589. The Equity in Long-term Care Surveyor Quality
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| 1 | | Fund. | 2 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.) | 3 | | Section 15. The Equity in Long-term Care Quality Act is | 4 | | amended by changing the title of the Act and Sections 1 and 15 | 5 | | as follows:
| 6 | | (30 ILCS 772/Act title)
| 7 | | An Act to create the Equity in Long-term Care Surveyor | 8 | | Quality
Act. | 9 | | (30 ILCS 772/1) | 10 | | Sec. 1. Short title. This Act may be cited as the Equity in | 11 | | Long-term Care Surveyor Quality Act. | 12 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 13 | | (30 ILCS 772/15) | 14 | | Sec. 15. Equity in Long-term Care Surveyor Quality Fund. | 15 | | (a) There is created in the State treasury a special fund | 16 | | to be known as the
Equity in Long-term Care Surveyor Quality | 17 | | Fund. Fifty percent of all Grants
shall be funded using federal | 18 | | civil monetary penalties collected and deposited
into the
Long | 19 | | Term Care Monitor/Receiver Fund established under the Nursing
| 20 | | Home Care Act shall be transferred to the Long-term Care | 21 | | Surveyor Fund . Subject
to appropriation, moneys in the Fund | 22 | | shall be used to pay for long-term care surveyors improve the |
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| 1 | | quality of nursing home care in areas without access to | 2 | | high-quality long-term care . Interest earned on moneys in the | 3 | | Fund shall be deposited into
the Fund. All federal funds | 4 | | received as the result of expenditures from the Fund shall be | 5 | | paid into the Fund | 6 | | (b) (Blank). The Department may use no more than 10% of the | 7 | | moneys deposited into the Fund in any year to administer the | 8 | | program established by the Fund and to implement the | 9 | | requirements of the Nursing Home Care Act with respect to | 10 | | distressed facilities. | 11 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 12 | | Section 20. The Nursing Home Care Act is amended by | 13 | | changing Sections 2-201.7, 3-113, 3-202.05, 3-103, 3-212, | 14 | | 3-304.2, and 3-305 and by adding Section 3-304.2 as follows: | 15 | | (210 ILCS 45/2-201.7) | 16 | | Sec. 2-201.7. Expanded criminal history background check | 17 | | pilot program. | 18 | | (a) The purpose of this Section is to establish a pilot | 19 | | program , subject to appropriation, based in Cook and Will | 20 | | counties in which an expanded criminal history background check | 21 | | screening process will be utilized to better identify residents | 22 | | of licensed long term care facilities who, because of their | 23 | | criminal histories, may pose a risk to other vulnerable | 24 | | residents. |
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| 1 | | (b) In this Section, "mixed population facility" means a | 2 | | facility that has more than 25 residents with a diagnosis of | 3 | | serious mental illness and residents 65 years of age or older. | 4 | | (c) Every mixed population facility located in Cook County | 5 | | or Will County shall participate in the pilot program and shall | 6 | | employ expanded criminal history background check screening | 7 | | procedures for all residents admitted to the facility who are | 8 | | at least 18 years of age but less than 65 years of age. Under | 9 | | the pilot program, criminal history background checks required | 10 | | under this Act shall employ fingerprint-based criminal history | 11 | | record inquiries or comparably comprehensive name-based | 12 | | criminal history background checks. Fingerprint-based criminal | 13 | | history record inquiries shall be conducted pursuant to | 14 | | subsection (c-2) of Section 2-201.5. A Criminal History Report | 15 | | and an Identified Offender Report and Recommendation shall be | 16 | | completed pursuant to Section 2-201.6 if the results of the | 17 | | expanded criminal history background check reveal that a | 18 | | resident is an identified offender as defined in Section | 19 | | 1-114.01. | 20 | | (d) If an expanded criminal history background check | 21 | | reveals that a resident is an identified offender as defined in | 22 | | Section 1-114.01, the facility shall be notified within 72 | 23 | | hours. | 24 | | (e) The cost of the expanded criminal history background | 25 | | checks conducted pursuant to the pilot program shall not exceed | 26 | | $50 per resident and shall be paid by the facility. The |
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| 1 | | Department of State Police shall implement all potential | 2 | | measures to minimize the cost of the expanded criminal history | 3 | | background checks to the participating long term care | 4 | | facilities. | 5 | | (f) The pilot program shall run for a period of one year | 6 | | after the effective date of this amendatory Act of the 96th | 7 | | General Assembly. Promptly after the end of that one-year | 8 | | period, the Department shall report the results of the pilot | 9 | | program to the General Assembly.
| 10 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 11 | | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| 12 | | Sec. 3-103. The procedure for obtaining a valid license | 13 | | shall be as follows:
| 14 | | (1) Application to operate a facility shall be made to
| 15 | | the Department on forms furnished by the Department.
| 16 | | (2)
All license applications shall be accompanied with | 17 | | an application fee.
The fee
for an annual license shall be | 18 | | $995 $1,990 . Facilities that pay a fee or assessment | 19 | | pursuant to Article V-C of the Illinois Public Aid Code | 20 | | shall be exempt from the license fee imposed under this | 21 | | item (2). The fee for a 2-year
license shall be double the | 22 | | fee for the annual license. The
fees collected
shall be | 23 | | deposited with the State Treasurer into the Long Term Care
| 24 | | Monitor/Receiver Fund, which has been created as a special | 25 | | fund in the State
treasury.
This special fund is to be used |
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| 1 | | by the Department for expenses related to
the appointment | 2 | | of monitors and receivers as contained in Sections 3-501
| 3 | | through 3-517 of this Act, for the enforcement of this Act, | 4 | | and for implementation of the Abuse Prevention Review Team | 5 | | Act. All federal moneys received as a result of | 6 | | expenditures from the Fund shall be deposited into the | 7 | | Fund. The Department may reduce or waive a penalty pursuant | 8 | | to Section 3-308 only if that action will not threaten the | 9 | | ability of the Department to meet the expenses required to | 10 | | be met by the Long Term Care Monitor/Receiver Fund. The | 11 | | application shall be under
oath and the submission of false | 12 | | or misleading information shall be a Class
A misdemeanor. | 13 | | The application shall contain the following information:
| 14 | | (a) The name and address of the applicant if an | 15 | | individual, and if a firm,
partnership, or | 16 | | association, of every member thereof, and in the case | 17 | | of
a corporation, the name and address thereof and of | 18 | | its officers and its
registered agent, and in the case | 19 | | of a unit of local government, the name
and address of | 20 | | its chief executive officer;
| 21 | | (b) The name and location of the facility for which | 22 | | a license is sought;
| 23 | | (c) The name of the person or persons under whose | 24 | | management or
supervision
the facility will be | 25 | | conducted;
| 26 | | (d) The number and type of residents for which |
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| 1 | | maintenance, personal care,
or nursing is to be | 2 | | provided; and
| 3 | | (e) Such information relating to the number, | 4 | | experience, and training
of the employees of the | 5 | | facility, any management agreements for the operation
| 6 | | of the facility, and of the moral character of the | 7 | | applicant and employees
as the Department may deem | 8 | | necessary.
| 9 | | (3) Each initial application shall be accompanied by a | 10 | | financial
statement setting forth the financial condition | 11 | | of the applicant and by a
statement from the unit of local | 12 | | government having zoning jurisdiction over
the facility's | 13 | | location stating that the location of the facility is not | 14 | | in
violation of a zoning ordinance. An initial application | 15 | | for a new facility
shall be accompanied by a permit as | 16 | | required by the "Illinois Health Facilities
Planning Act". | 17 | | After the application is approved, the applicant shall
| 18 | | advise the Department every 6 months of any changes in the | 19 | | information
originally provided in the application.
| 20 | | (4) Other information necessary to determine the | 21 | | identity and qualifications
of an applicant to operate a | 22 | | facility in accordance with this Act shall
be included in | 23 | | the application as required by the Department in | 24 | | regulations.
| 25 | | (Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; | 26 | | 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised |
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| 1 | | 2-23-11.)
| 2 | | (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) | 3 | | Sec. 3-113. The license granted to the transferee shall be | 4 | | subject to
the plan of correction submitted by the previous | 5 | | owner and approved by the
Department and any conditions | 6 | | contained in a conditional license issued
to the previous | 7 | | owner. If there are outstanding violations and no approved
plan | 8 | | of correction has been implemented, the Department may issue a | 9 | | conditional
license and plan of correction as provided in | 10 | | Sections 3-311
through 3-317. The license granted to a | 11 | | transferee for a facility that is in receivership shall be | 12 | | subject to any contractual obligations assumed by a grantee | 13 | | under the Equity in Long-term Care Quality Act and to the plan | 14 | | submitted by the receiver for continuing and increasing | 15 | | adherence to best practices in providing high-quality nursing | 16 | | home care, unless the grant is repaid, under conditions to be | 17 | | determined by rule by the Department in its administration of | 18 | | the Equity in Long-term Care Quality Act. | 19 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 20 | | (210 ILCS 45/3-202.05) | 21 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 22 | | thereafter. | 23 | | (a) For the purpose of computing staff to resident ratios, | 24 | | direct care staff shall include: |
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| 1 | | (1) registered nurses; | 2 | | (2) licensed practical nurses; | 3 | | (3) certified nurse assistants; | 4 | | (4) psychiatric services rehabilitation aides; | 5 | | (5) rehabilitation and therapy aides; | 6 | | (6) psychiatric services rehabilitation coordinators; | 7 | | (7) assistant directors of nursing; | 8 | | (8) 50% of the Director of Nurses' time; and | 9 | | (9) 30% of the Social Services Directors' time. | 10 | | The Department shall, by rule, allow certain facilities | 11 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 12 | | S) and 300.6000 and following (Subpart T) to utilize | 13 | | specialized clinical staff, as defined in rules, to count | 14 | | towards the staffing ratios. | 15 | | (b) Beginning January 1, 2011, and thereafter, light | 16 | | intermediate care shall be staffed at the same staffing ratio | 17 | | as intermediate care. | 18 | | (c) Facilities shall notify the Department within 60 days | 19 | | after the effective date of this amendatory Act of the 96th | 20 | | General Assembly, in a form and manner prescribed by the | 21 | | Department, of the staffing ratios in effect on the effective | 22 | | date of this amendatory Act of the 96th General Assembly for | 23 | | both intermediate and skilled care and the number of residents | 24 | | receiving each level of care. | 25 | | (d)(1) Effective July 1, 2010, for each resident needing | 26 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing |
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| 1 | | and personal care each day must be provided; for each resident | 2 | | needing intermediate care, 1.7 hours of nursing and personal | 3 | | care each day must be provided. | 4 | | (2) Effective January 1, 2011, the minimum staffing ratios | 5 | | shall be increased to 2.7 hours of nursing and personal care | 6 | | each day for a resident needing skilled care and 1.9 hours of | 7 | | nursing and personal care each day for a resident needing | 8 | | intermediate care. | 9 | | (3) Effective January 1, 2013 2012 , the minimum staffing | 10 | | ratios shall be increased to 3.0 hours of nursing and personal | 11 | | care each day for a resident needing skilled care and 2.1 hours | 12 | | of nursing and personal care each day for a resident needing | 13 | | intermediate care. | 14 | | (4) Effective January 1, 2014 2013 , the minimum staffing | 15 | | ratios shall be increased to 3.4 hours of nursing and personal | 16 | | care each day for a resident needing skilled care and 2.3 hours | 17 | | of nursing and personal care each day for a resident needing | 18 | | intermediate care. | 19 | | (5) Effective January 1, 2015 2014 , the minimum staffing | 20 | | ratios shall be increased to 3.8 hours of nursing and personal | 21 | | care each day for a resident needing skilled care and 2.5 hours | 22 | | of nursing and personal care each day for a resident needing | 23 | | intermediate care. | 24 | | (e) The staffing increases set forth in paragraphs (3), | 25 | | (4), and (5) of subsection (d) of this Section shall not take | 26 | | effect until (i) the methodologies contained in Section 5-5.4 |
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| 1 | | of the Illinois Public Aid Code are approved by the federal | 2 | | government in an appropriate State Plan amendment and (ii) the | 3 | | assessment imposed by Section 5B-2 of the Illinois Public Aid | 4 | | Code is determined to be a permissible tax under Title XIX of | 5 | | the Social Security Act. | 6 | | (f) The Department shall establish a methodology for | 7 | | determining the number of direct care hours that must be | 8 | | provided to a resident by a registered nurse based on the care | 9 | | needs of the resident.
| 10 | | (Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11.)
| 11 | | (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
| 12 | | Sec. 3-212. Inspection.
| 13 | | (a) The Department, whenever it deems necessary in
| 14 | | accordance with subsection (b), shall inspect, survey and | 15 | | evaluate every
facility to determine compliance with | 16 | | applicable licensure requirements and
standards. Submission of | 17 | | a facility's current Consumer Choice Information Report | 18 | | required by Section 2-214 shall be verified at time of | 19 | | inspection. An inspection should occur within 120 days prior
to | 20 | | license renewal. The Department may periodically visit a | 21 | | facility for the
purpose of consultation. An inspection, | 22 | | survey, or evaluation, other than
an inspection of financial | 23 | | records, shall be conducted without prior notice
to the | 24 | | facility. A visit for the sole purpose of consultation may be
| 25 | | announced.
The Department shall provide training to surveyors |
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| 1 | | about the appropriate
assessment, care planning, and care of | 2 | | persons with mental illness (other than
Alzheimer's disease or | 3 | | related disorders) to enable its surveyors to
determine whether | 4 | | a facility is complying with State and federal requirements
| 5 | | about the assessment, care planning, and care of those persons.
| 6 | | (a-1) An employee of a State or unit of local government | 7 | | agency
charged with inspecting, surveying, and evaluating | 8 | | facilities who directly
or indirectly gives prior notice of an | 9 | | inspection, survey, or evaluation,
other than an inspection of | 10 | | financial records, to a facility or to an
employee of a | 11 | | facility is guilty of a Class A misdemeanor.
| 12 | | An inspector or an employee of the Department who | 13 | | intentionally prenotifies
a facility,
orally or in writing, of | 14 | | a pending complaint investigation or inspection shall
be guilty | 15 | | of a Class A misdemeanor.
Superiors of persons who have | 16 | | prenotified a facility shall be subject to the
same penalties, | 17 | | if they have knowingly allowed the prenotification. A person
| 18 | | found guilty of prenotifying a facility shall be subject to | 19 | | disciplinary action
by his or her employer.
| 20 | | If the Department has a good faith belief, based upon | 21 | | information that comes
to its attention, that a violation of | 22 | | this subsection has occurred, it must
file a complaint with the | 23 | | Attorney General or the State's Attorney in the
county where | 24 | | the violation
took place within 30 days after discovery of the | 25 | | information.
| 26 | | (a-2) An employee of a State or unit of local government |
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| 1 | | agency charged with
inspecting, surveying, or evaluating | 2 | | facilities who willfully profits from
violating the | 3 | | confidentiality of the inspection, survey, or evaluation
| 4 | | process shall be guilty of a Class 4 felony and that conduct | 5 | | shall be deemed
unprofessional conduct that may subject a | 6 | | person to loss of his or her
professional license. An action to | 7 | | prosecute a person for violating this
subsection (a-2) may be | 8 | | brought by either the Attorney General or the State's
Attorney | 9 | | in the county where the violation took place.
| 10 | | (b) In determining whether to make more than the required | 11 | | number of
unannounced inspections, surveys and evaluations of a | 12 | | facility the
Department shall consider one or more of the | 13 | | following: previous inspection
reports; the facility's history | 14 | | of compliance with standards, rules and
regulations | 15 | | promulgated under this Act and correction of violations,
| 16 | | penalties or other enforcement actions; the number and severity | 17 | | of
complaints received about the facility; any allegations of | 18 | | resident abuse
or neglect; weather conditions; health | 19 | | emergencies; other reasonable belief
that deficiencies exist.
| 20 | | (b-1) The Department shall not be required to determine | 21 | | whether a
facility certified to participate in the Medicare | 22 | | program under Title XVIII of
the Social Security Act, or the | 23 | | Medicaid program under Title XIX of the Social
Security Act, | 24 | | and which the Department determines by inspection under this
| 25 | | Section or under Section 3-702 of this Act to be in compliance | 26 | | with the
certification requirements of Title XVIII or XIX, is |
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| 1 | | in compliance with any
requirement of this Act that is less | 2 | | stringent than or duplicates a federal
certification | 3 | | requirement. In accordance with subsection (a) of this Section
| 4 | | or subsection (d) of Section 3-702, the Department shall | 5 | | determine whether a
certified facility is in
compliance with | 6 | | requirements of this Act that exceed federal certification
| 7 | | requirements. If a certified facility is found to be out of | 8 | | compliance with
federal certification requirements, the | 9 | | results of an inspection conducted
pursuant to Title XVIII or | 10 | | XIX of the Social Security Act may be used as the
basis for | 11 | | enforcement remedies authorized and commenced, with the | 12 | | Department's discretion to evaluate whether penalties are | 13 | | warranted, under this Act.
Enforcement of this Act against a | 14 | | certified facility shall be commenced
pursuant to the | 15 | | requirements of this Act, unless enforcement remedies sought
| 16 | | pursuant to Title XVIII or XIX of the Social Security Act | 17 | | exceed those
authorized by this Act. As used in this | 18 | | subsection, "enforcement remedy"
means a sanction for | 19 | | violating a federal certification requirement or this
Act.
| 20 | | (c) Upon completion of each inspection, survey and | 21 | | evaluation, the
appropriate Department personnel who conducted | 22 | | the inspection, survey or
evaluation shall submit a copy of | 23 | | their report to the licensee upon exiting
the facility, and | 24 | | shall submit the actual report to the appropriate
regional | 25 | | office of the Department. Such report and any recommendations | 26 | | for
action by the Department under this Act shall be |
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| 1 | | transmitted to the
appropriate offices of the associate | 2 | | director of the Department, together
with related comments or | 3 | | documentation provided by the licensee which may
refute | 4 | | findings in the report, which explain extenuating | 5 | | circumstances that
the facility could not reasonably have | 6 | | prevented, or which indicate methods
and timetables for | 7 | | correction of deficiencies described in the report.
Without | 8 | | affecting the application of subsection (a) of Section 3-303, | 9 | | any
documentation or comments of the licensee shall be provided | 10 | | within 10
days of receipt of the copy of the report. Such | 11 | | report shall recommend to
the Director appropriate action under | 12 | | this Act with respect to findings
against a facility. The | 13 | | Director shall then determine whether the report's
findings | 14 | | constitute a violation or violations of which the facility must | 15 | | be
given notice. Such determination shall be based upon the | 16 | | severity of the
finding, the danger posed to resident health | 17 | | and safety, the comments and
documentation provided by the | 18 | | facility, the diligence and efforts to
correct deficiencies, | 19 | | correction of the reported deficiencies, the
frequency and | 20 | | duration of similar findings in previous reports and the
| 21 | | facility's general inspection history. Violations shall be | 22 | | determined
under this subsection no later than 60 90 days after | 23 | | completion of each
inspection, survey and evaluation.
| 24 | | (d) The Department shall maintain all inspection, survey | 25 | | and evaluation
reports for at least 5 years in a manner | 26 | | accessible to and understandable
by the public.
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| 1 | | (e) Revisit surveys. The Department shall conduct a revisit | 2 | | to its licensure and certification surveys, consistent with | 3 | | federal regulations and guidelines. | 4 | | (Source: P.A. 95-823, eff. 1-1-09; 96-1372, eff. 7-29-10.)
| 5 | | (210 ILCS 45/3-304.2) | 6 | | Sec. 3-304.2. Designation of distressed facilities. | 7 | | (a) By May 1, 2011, and quarterly thereafter, the | 8 | | Department shall generate and publish quarterly a
list of | 9 | | distressed facilities. Criteria for inclusion of certified | 10 | | facilities on the list shall be those used by the U.S. General | 11 | | Accounting Office in report 9-689, until such time as the | 12 | | Department by rule modifies the criteria. | 13 | | (b) In deciding whether and how to modify the criteria used | 14 | | by the General Accounting Office, the Department shall complete | 15 | | a test run of any substitute criteria to determine their | 16 | | reliability by comparing the number of facilities identified as | 17 | | distressed against the number of distressed facilities | 18 | | generated using the criteria contained in the General | 19 | | Accounting Office report. The Department may not adopt | 20 | | substitute criteria that generate fewer facilities with a | 21 | | distressed designation than are produced by the General | 22 | | Accounting Office criteria during the test run. | 23 | | (c) The Department shall, by rule, adopt criteria to | 24 | | identify non-Medicaid-certified facilities that are distressed | 25 | | and shall publish this list quarterly beginning October 1, |
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| 1 | | 2011. | 2 | | (d) The Department shall notify each facility of its | 3 | | distressed designation, and of the calculation on
which it is | 4 | | based. | 5 | | (e) A distressed facility may contract with an independent | 6 | | consultant meeting criteria established by
the Department. If | 7 | | the distressed facility does not seek the assistance of an | 8 | | independent
consultant, the Department shall place a monitor or | 9 | | a temporary manager in the facility, depending
on the | 10 | | Department's assessment of the condition of the facility. | 11 | | (f) Independent consultant. A facility that has been | 12 | | designated a distressed facility may
contract with an | 13 | | independent consultant to develop and assist in the
| 14 | | implementation of a plan of improvement to bring and keep
the | 15 | | facility in compliance with this Act and, if applicable, with | 16 | | federal certification
requirements. A facility that contracts | 17 | | with an independent consultant
shall have 90 days to develop a | 18 | | plan of improvement and demonstrate a
good faith effort at | 19 | | implementation, and another 90 days to achieve compliance
and | 20 | | take whatever additional actions are called for in the | 21 | | improvement plan
to maintain compliance. A facility that the | 22 | | Department determines has a plan
of improvement likely to bring | 23 | | and keep the facility in compliance
and that has demonstrated | 24 | | good faith efforts at implementation
within the first 90 days | 25 | | may be eligible to receive a grant under the Equity
in | 26 | | Long-term Care Quality Act to assist it in achieving and |
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| 1 | | maintaining compliance.
In this subsection, "independent" | 2 | | consultant means an individual who has no professional or
| 3 | | financial relationship with the facility, any person with a | 4 | | reportable ownership
interest in the facility, or any related | 5 | | parties. In this subsection, "related parties" has the
meaning | 6 | | attributed to it in the instructions for completing Medicaid | 7 | | cost reports. | 8 | | (f) Monitor and temporary managers. A distressed facility | 9 | | that does not contract with a consultant shall be assigned a | 10 | | monitor or a temporary manager at the Department's discretion. | 11 | | The cost of the temporary manager shall be paid by the | 12 | | facility. The temporary manager shall have the authority | 13 | | determined by the Department, which may grant the temporary | 14 | | manager any or all of the authority a court may grant a | 15 | | receiver. The temporary manager may apply to the Equity in | 16 | | Long-term Care Quality Fund for grant funds to implement the | 17 | | plan of improvement. | 18 | | (g) The Department shall by rule establish a mentor program | 19 | | for owners of distressed facilities. | 20 | | (h) The Department shall by rule establish sanctions (in | 21 | | addition to those authorized elsewhere in this Article) against | 22 | | distressed facilities that are not in compliance with this Act | 23 | | and (if applicable) with federal certification requirements. | 24 | | Criteria for imposing sanctions shall take into account a | 25 | | facility's actions to address the violations and deficiencies | 26 | | that caused its designation as a distressed facility, and its |
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| 1 | | compliance with this Act and with federal certification | 2 | | requirements (if applicable), subsequent to its designation as | 3 | | a distressed facility, including mandatory revocations if | 4 | | criteria can be agreed upon by the Department, resident | 5 | | advocates, and representatives of the nursing home profession. | 6 | | By February 1, 2011, the Department shall report to the General | 7 | | Assembly on the results of negotiations about creating criteria | 8 | | for mandatory license revocations of distressed facilities and | 9 | | make recommendations about any statutory changes it believes | 10 | | are appropriate to protect the health, safety, and welfare of | 11 | | nursing home residents. | 12 | | (i) The Department may establish by rule criteria for | 13 | | restricting the owner of a facility on the distressed list from | 14 | | acquiring additional skilled nursing facilities.
| 15 | | (j) Implementation of this Section and any other Sections | 16 | | of this Act referencing distressed facilities shall be placed | 17 | | on hold pending a specific appropriation to cover the cost of | 18 | | developing and maintaining a State-specific rating system and | 19 | | all ordinary and contingent expenses associated with full | 20 | | implementation of this Section. | 21 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 22 | | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
| 23 | | Sec. 3-305.
The license of a facility which is in violation | 24 | | of this Act
or any rule adopted thereunder may be subject to | 25 | | the penalties or fines
levied by the Department as specified in |
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| 1 | | this Section.
| 2 | | (1) A licensee who commits a Type "AA" violation as defined | 3 | | in Section 1-128.5
is automatically issued a conditional | 4 | | license for a period of 6 months
to coincide with an acceptable | 5 | | plan of correction and assessed a fine up to $10,000 $25,000 | 6 | | per violation.
| 7 | | (1.5) A licensee who commits a Type "A" violation as | 8 | | defined in Section 1-129 is automatically issued a conditional | 9 | | license for a period of 6 months to coincide with an acceptable | 10 | | plan of correction and assessed a fine of up to $5,000 $12,500 | 11 | | per violation. | 12 | | (2) A licensee who commits a Type "B" violation as defined | 13 | | in Section 1-130 shall be assessed a fine of up to $500 $1,100 | 14 | | per violation.
| 15 | | (2.5) (Blank). A licensee who commits 10 or more Type "C" | 16 | | violations, as defined in Section 1-132, in a single survey | 17 | | shall be assessed a fine of up to $250 per violation. A | 18 | | licensee who commits one or more Type "C" violations with a | 19 | | high risk designation, as defined by rule, shall be assessed a | 20 | | fine of up to $500 per violation. | 21 | | (3) A licensee who commits a Type "AA" or Type "A" | 22 | | violation as defined in Section 1-128.5 or
1-129 which | 23 | | continues beyond the time specified in paragraph (a) of Section
| 24 | | 3-303 which is cited as a repeat violation shall have its | 25 | | license revoked
and shall be assessed a fine of 3 times the | 26 | | fine computed per resident per
day under subsection (1).
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| 1 | | (4) A licensee who fails to satisfactorily comply with an | 2 | | accepted
plan of correction for a Type "B" violation or an | 3 | | administrative warning
issued pursuant to Sections 3-401 | 4 | | through 3-413 or the rules promulgated
thereunder shall be | 5 | | automatically issued a conditional license for a period
of not | 6 | | less than 6 months. A second or subsequent acceptable plan of
| 7 | | correction shall be filed. A fine shall be assessed in | 8 | | accordance with
subsection (2) when cited for the repeat | 9 | | violation. This fine shall be
computed for all days of the | 10 | | violation, including the duration of the first
plan of | 11 | | correction compliance time.
| 12 | | (5) For the purpose of computing a penalty under | 13 | | subsections (2) through
(4), the number of residents per day | 14 | | shall be based on the average number
of residents in the | 15 | | facility during the 30 days preceding the discovery
of the | 16 | | violation.
| 17 | | (6) When the Department finds that a provision of Article | 18 | | II has been
violated with regard to a particular resident, the | 19 | | Department shall issue
an order requiring the facility to | 20 | | reimburse the resident for injuries
incurred, or $100, | 21 | | whichever is greater. In the case of a violation
involving any | 22 | | action other than theft of money belonging to a resident,
| 23 | | reimbursement shall be ordered only if a provision of Article | 24 | | II has been
violated with regard to that or any other resident | 25 | | of the facility within
the 2 years immediately preceding the | 26 | | violation in question.
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| 1 | | (7) For purposes of assessing fines under this Section, a | 2 | | repeat
violation shall be a violation which has been cited | 3 | | during one inspection
of the facility for which an accepted | 4 | | plan of correction was not complied
with or a new citation of | 5 | | the same rule if the licensee is not substantially addressing | 6 | | the issue routinely
throughout the facility.
| 7 | | (7.5) If an occurrence results in more than one type of | 8 | | violation as defined in this Act (that is, a Type "AA", Type | 9 | | "A", Type "B", or Type "C" violation), the maximum fine that | 10 | | may be assessed for that occurrence is the maximum fine that | 11 | | may be assessed for the most serious type of violation charged. | 12 | | For purposes of the preceding sentence, a Type "AA" violation | 13 | | is the most serious type of violation that may be charged, | 14 | | followed by a Type "A", Type "B", or Type "C" violation, in | 15 | | that order. | 16 | | (8) The minimum and maximum fines that may be assessed | 17 | | pursuant to this Section shall be twice those otherwise | 18 | | specified for any facility that willfully makes a misstatement | 19 | | of fact to the Department, or willfully fails to make a | 20 | | required notification to the Department, if that misstatement | 21 | | or failure delays the start of a surveyor or impedes a survey. | 22 | | (9) High risk designation. If the Department finds that a | 23 | | facility has violated a provision of the Illinois | 24 | | Administrative Code that has a high risk designation, or that a | 25 | | facility has violated the same provision of the Illinois | 26 | | Administrative Code 3 or more times in the previous 12 months, |
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| 1 | | the Department may assess a fine of up to 2 times the maximum | 2 | | fine otherwise allowed. | 3 | | (10) If a licensee has paid a civil monetary penalty | 4 | | imposed pursuant to the Medicare and Medicaid Certification | 5 | | Program for the equivalent federal violation giving rise to a | 6 | | fine under this Section, the Department shall offset the fine | 7 | | by the amount of the civil monetary penalty. The offset may not | 8 | | reduce the fine by more than 75% of the original fine, however. | 9 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 10 | | (30 ILCS 772/5 rep.) | 11 | | (30 ILCS 772/10 rep.) | 12 | | (30 ILCS 772/20 rep.) | 13 | | Section 90. The Equity in Long-term Care Quality Act is | 14 | | amended by repealing Sections 5, 10, and 20.".
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