Full Text of SB2554 97th General Assembly
SB2554sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/1/2012
| | 09700SB2554sam001 | | LRB097 16401 DRJ 66939 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2554
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2554 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.04 as follows:
| 6 | | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
| 7 | | Sec. 4.04. Long Term Care Ombudsman Program.
| 8 | | (a) Long Term Care Ombudsman Program. The Department shall
| 9 | | establish a Long Term Care Ombudsman Program, through the | 10 | | Office of State
Long Term Care Ombudsman ("the Office"), in | 11 | | accordance with the provisions of
the Older Americans Act of | 12 | | 1965, as now or hereafter amended.
| 13 | | (b) Definitions. As used in this Section, unless the | 14 | | context requires
otherwise:
| 15 | | (1) "Access" has the same meaning as in Section 1-104 | 16 | | of the Nursing
Home Care Act, as now or hereafter amended; |
| | | 09700SB2554sam001 | - 2 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | that is, it means the right to:
| 2 | | (i) Enter any long term care facility or assisted | 3 | | living or shared
housing establishment or supportive | 4 | | living facility;
| 5 | | (ii) Communicate privately and without restriction | 6 | | with any resident, regardless of age,
who consents to | 7 | | the communication;
| 8 | | (iii) Seek consent to communicate privately and | 9 | | without restriction
with any resident, regardless of | 10 | | age;
| 11 | | (iv) Inspect the clinical and other records of a | 12 | | resident, regardless of age, with the
express written | 13 | | consent of the resident;
| 14 | | (v) Observe all areas of the long term care | 15 | | facility or supportive
living facilities, assisted | 16 | | living or shared housing establishment except the
| 17 | | living area of any resident who protests the | 18 | | observation.
| 19 | | (2) "Long Term Care Facility" means (i) any facility as | 20 | | defined by Section
1-113 of the Nursing Home Care Act, as | 21 | | now or hereafter amended; and (ii) any
skilled nursing | 22 | | facility or a nursing facility which meets the
requirements | 23 | | of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 24 | | (b),
(c), and (d) of the Social Security Act, as now or | 25 | | hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 26 | | and 42 U.S.C. 1396r(a), (b), (c), and
(d)); and any |
| | | 09700SB2554sam001 | - 3 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | facility as defined by Section 1-113 of the MR/DD Community | 2 | | Care Act, as now or hereafter amended.
| 3 | | (2.5) "Assisted living establishment" and "shared | 4 | | housing establishment"
have the meanings given those terms | 5 | | in Section 10 of the Assisted Living and
Shared Housing | 6 | | Act.
| 7 | | (2.7) "Supportive living facility" means a facility | 8 | | established under
Section 5-5.01a of the Illinois Public | 9 | | Aid Code.
| 10 | | (3) "State Long Term Care Ombudsman" means any person | 11 | | employed by the
Department to fulfill
the requirements of | 12 | | the Office of State Long Term Care Ombudsman as
required | 13 | | under the Older Americans Act of 1965, as now or hereafter | 14 | | amended,
and Departmental policy.
| 15 | | (3.1) "Ombudsman" means any designated representative | 16 | | of a regional long
term care ombudsman program; provided | 17 | | that the representative, whether he is
paid for or | 18 | | volunteers his ombudsman services, shall be qualified and
| 19 | | designated by the Office to perform the duties of an | 20 | | ombudsman as specified by
the Department in rules and in | 21 | | accordance with the provisions of
the Older Americans Act | 22 | | of 1965, as now or hereafter amended.
| 23 | | (c) Ombudsman; rules. The Office of State Long Term Care | 24 | | Ombudsman shall
be composed of at least one full-time ombudsman | 25 | | and shall include a system of
designated regional long term | 26 | | care ombudsman programs. Each regional program
shall be |
| | | 09700SB2554sam001 | - 4 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | designated by the State Long Term Care Ombudsman as a | 2 | | subdivision of
the Office and any representative of a regional | 3 | | program shall be treated as a
representative of the Office.
| 4 | | The Department, in consultation with the Office, shall | 5 | | promulgate
administrative rules in accordance with the | 6 | | provisions of the Older Americans
Act of 1965, as now or | 7 | | hereafter amended, to establish the responsibilities of
the | 8 | | Department and the Office of State Long Term Care Ombudsman and | 9 | | the
designated regional Ombudsman programs. The administrative | 10 | | rules shall include
the responsibility of the Office and | 11 | | designated regional programs to
investigate and resolve | 12 | | complaints made by or on behalf of residents of long
term care | 13 | | facilities, supportive living facilities, and assisted living | 14 | | and
shared housing establishments, including the option to | 15 | | serve residents under the age of 60, relating to actions, | 16 | | inaction, or
decisions of providers, or their representatives, | 17 | | of long term care
facilities, of supported living facilities, | 18 | | of assisted living and shared
housing establishments, of public | 19 | | agencies, or of social services agencies,
which may adversely | 20 | | affect the health, safety, welfare, or rights of such
| 21 | | residents. The Office and designated regional programs may | 22 | | represent all residents, but are not required by this Act to | 23 | | represent persons under 60 years of age, except to the extent | 24 | | required by federal law.
By June 1, 2014, the Office and | 25 | | designated regional programs shall represent all residents, | 26 | | regardless of age. When necessary and appropriate, |
| | | 09700SB2554sam001 | - 5 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | representatives of the Office shall refer
complaints to the | 2 | | appropriate regulatory State agency.
The Department, in | 3 | | consultation with the Office, shall cooperate with the
| 4 | | Department of Human Services and other State agencies in | 5 | | providing information and training to
designated regional long | 6 | | term care ombudsman programs about the appropriate
assessment | 7 | | and treatment (including information about appropriate | 8 | | supportive
services, treatment options, and assessment of | 9 | | rehabilitation potential) of the residents they serve, | 10 | | including children,
persons with mental illness (other than | 11 | | Alzheimer's disease and related
disorders), and persons with | 12 | | developmental disabilities. | 13 | | By June 1, 2013, there shall be one ombudsman for every | 14 | | 3,500 licensed or approved beds housing residents served by the | 15 | | ombudsman program. By June 1, 2014, there shall be one | 16 | | ombudsman for every 2,000 licensed or approved beds housing | 17 | | residents served by the ombudsman program. | 18 | | The State Long Term Care Ombudsman and all other ombudsmen, | 19 | | as defined in paragraph (3.1) of subsection (b) must submit to | 20 | | background checks under the Health Care Worker Background Check | 21 | | Act and receive training, as prescribed by the Illinois | 22 | | Department on Aging, before visiting facilities. The training | 23 | | must include information specific to assisted living | 24 | | establishments, supportive living facilities, and shared | 25 | | housing establishments and to the rights of residents | 26 | | guaranteed under the corresponding Acts and administrative |
| | | 09700SB2554sam001 | - 6 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | rules.
| 2 | | (c-5) Consumer Choice Information Reports. The Office | 3 | | shall: | 4 | | (1) In collaboration with the Attorney General, create | 5 | | a Consumer Choice Information Report form to be completed | 6 | | by all licensed long term care facilities to aid | 7 | | Illinoisans and their families in making informed choices | 8 | | about long term care. The Office shall create a Consumer | 9 | | Choice Information Report for each type of licensed long | 10 | | term care facility. The Office shall collaborate with the | 11 | | Attorney General and the Department of Human Services to | 12 | | create a Consumer Choice Information Report form for | 13 | | facilities licensed under the ID/DD MR/DD Community Care | 14 | | Act. To the extent possible, all Reports shall be in the | 15 | | form of a spreadsheet or database. | 16 | | (2) Develop a database of Consumer Choice Information | 17 | | Reports completed by licensed long term care facilities | 18 | | that includes information in the following consumer | 19 | | categories: | 20 | | (A) Medical Care, Services, and Treatment. | 21 | | (B) Special Services and Amenities. | 22 | | (C) Staffing. | 23 | | (D) Facility Statistics and Resident Demographics. | 24 | | (E) Ownership and Administration. | 25 | | (F) Safety and Security. | 26 | | (G) Meals and Nutrition. |
| | | 09700SB2554sam001 | - 7 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (H) Rooms, Furnishings, and Equipment. | 2 | | (I) Family, Volunteer, and Visitation Provisions. | 3 | | (3) Make this information accessible to the public, | 4 | | including on the Internet by means of a hyperlink labeled | 5 | | "Resident's Right to Know" on the Office's World Wide Web | 6 | | home page. Information about facilities licensed under the | 7 | | MR/DD Community Care Act shall be made accessible to the | 8 | | public by the Department of Human Services, including on | 9 | | the Internet by means of a hyperlink labeled "Resident's | 10 | | and Families' Right to Know" on the Department of Human | 11 | | Services' "For Customers" website. | 12 | | (4) Have the authority, with the Attorney General, to | 13 | | verify that information provided by a facility is accurate. | 14 | | (5) Request a new report from any licensed facility | 15 | | whenever it deems necessary.
| 16 | | (6) Include in the Office's Consumer Choice
| 17 | | Information Report for each type of licensed long term care
| 18 | | facility additional information on each licensed long term
| 19 | | care facility in the State of Illinois, including
| 20 | | information regarding each facility's compliance with the
| 21 | | relevant State and federal statutes, rules, and standards;
| 22 | | customer satisfaction surveys; and information generated
| 23 | | from quality measures developed by the Centers for Medicare
| 24 | | and Medicaid Services. | 25 | | (d) Access and visitation rights.
| 26 | | (1) In accordance with subparagraphs (A) and (E) of |
| | | 09700SB2554sam001 | - 8 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | paragraph (3) of
subsection (c) of Section 1819
and | 2 | | subparagraphs (A) and (E) of paragraph (3) of subsection | 3 | | (c) of Section
1919 of the Social Security Act, as now or | 4 | | hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 5 | | 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 6 | | Older Americans Act of 1965, as now or hereafter
amended | 7 | | (42 U.S.C. 3058f), a long term care facility, supportive | 8 | | living
facility, assisted living
establishment, and shared | 9 | | housing establishment must:
| 10 | | (i) permit immediate access to any resident, | 11 | | regardless of age, by a designated
ombudsman; and
| 12 | | (ii) permit representatives of the Office, with | 13 | | the permission of the
resident's legal representative | 14 | | or legal guardian, to examine a resident's
clinical and | 15 | | other records, regardless of the age of the resident, | 16 | | and if a resident is unable to consent to such
review, | 17 | | and has no legal guardian, permit representatives of | 18 | | the Office
appropriate access, as defined by the | 19 | | Department, in consultation with the
Office, in | 20 | | administrative rules, to the resident's records.
| 21 | | (2) Each long term care facility, supportive living | 22 | | facility, assisted
living establishment, and
shared | 23 | | housing establishment shall display, in multiple, | 24 | | conspicuous
public places within the facility accessible | 25 | | to both visitors and residents and
in an easily readable | 26 | | format, the address and phone number of the Office of the
|
| | | 09700SB2554sam001 | - 9 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Long Term Care Ombudsman, in a manner prescribed by the | 2 | | Office.
| 3 | | (e) Immunity. An ombudsman or any representative of the | 4 | | Office participating
in the good faith performance of his or | 5 | | her official duties
shall have immunity from any liability | 6 | | (civil, criminal or otherwise) in
any proceedings (civil, | 7 | | criminal or otherwise) brought as a consequence of
the | 8 | | performance of his official duties.
| 9 | | (f) Business offenses.
| 10 | | (1) No person shall:
| 11 | | (i) Intentionally prevent, interfere with, or | 12 | | attempt to impede in any
way any representative of the | 13 | | Office in the performance of his
official
duties under | 14 | | this Act and the Older Americans Act of 1965; or
| 15 | | (ii) Intentionally retaliate, discriminate | 16 | | against, or effect reprisals
against any long term care | 17 | | facility resident or employee for contacting or
| 18 | | providing information to any representative of the | 19 | | Office.
| 20 | | (2) A violation of this Section is a business offense, | 21 | | punishable by a
fine not to exceed $501.
| 22 | | (3) The Director of Aging, in consultation with the | 23 | | Office, shall
notify the State's Attorney of the
county in | 24 | | which the long term care facility, supportive living | 25 | | facility, or
assisted living or shared housing | 26 | | establishment is located,
or the Attorney General, of any |
| | | 09700SB2554sam001 | - 10 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | violations of this Section.
| 2 | | (g) Confidentiality of records and identities. The | 3 | | Department shall
establish procedures for the disclosure by the | 4 | | State Ombudsman or the regional
ombudsmen
entities of files | 5 | | maintained by the program. The procedures shall provide that
| 6 | | the files and records may be disclosed only at the discretion | 7 | | of the State Long
Term Care
Ombudsman or the person designated | 8 | | by the State Ombudsman to disclose the files
and records, and | 9 | | the procedures shall prohibit the disclosure of the identity
of | 10 | | any complainant, resident, witness, or employee of a long term | 11 | | care provider
unless:
| 12 | | (1) the complainant, resident, witness, or employee of | 13 | | a long term care
provider or his or her legal | 14 | | representative consents to the disclosure and the
consent | 15 | | is in writing;
| 16 | | (2) the complainant, resident, witness, or employee of | 17 | | a long term care
provider gives consent orally; and the | 18 | | consent is documented contemporaneously
in writing in
| 19 | | accordance with such requirements as the Department shall | 20 | | establish; or
| 21 | | (3) the disclosure is required by court order.
| 22 | | (h) Legal representation. The Attorney General shall
| 23 | | provide legal representation to any representative of the | 24 | | Office
against
whom suit or other legal action is brought in | 25 | | connection with the
performance of the representative's | 26 | | official duties, in accordance with the
State Employee |
| | | 09700SB2554sam001 | - 11 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Indemnification Act.
| 2 | | (i) Treatment by prayer and spiritual means. Nothing in | 3 | | this Act shall
be construed to authorize or require the medical | 4 | | supervision, regulation
or control of remedial care or | 5 | | treatment of any resident in a long term
care facility operated | 6 | | exclusively by and for members or adherents of any
church or | 7 | | religious denomination the tenets and practices of which | 8 | | include
reliance solely upon spiritual means through prayer for | 9 | | healing.
| 10 | | (j) The Long Term Care Ombudsman Fund is created as a | 11 | | special fund in the State treasury to receive moneys for the | 12 | | express purposes of this Section. All interest earned on moneys | 13 | | in the fund shall be credited to the fund. Moneys contained in | 14 | | the fund shall be used to support the purposes of this Section. | 15 | | (Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09; | 16 | | 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
| 17 | | Section 10. The Illinois Health Facilities Planning Act is | 18 | | amended by changing Sections 3 and 14.1 as follows:
| 19 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| 20 | | (Section scheduled to be repealed on December 31, 2019) | 21 | | Sec. 3. Definitions. As used in this Act:
| 22 | | "Health care facilities" means and includes
the following | 23 | | facilities and organizations:
| 24 | | 1. An ambulatory surgical treatment center required to |
| | | 09700SB2554sam001 | - 12 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | be licensed
pursuant to the Ambulatory Surgical Treatment | 2 | | Center Act;
| 3 | | 2. An institution, place, building, or agency required | 4 | | to be licensed
pursuant to the Hospital Licensing Act;
| 5 | | 3. Skilled and intermediate long term care facilities | 6 | | licensed under the
Nursing
Home Care Act;
| 7 | | 3.5. Skilled and intermediate care facilities licensed | 8 | | under the ID/DD Community Care Act; | 9 | | 3.7. Facilities licensed under the Specialized Mental | 10 | | Health Rehabilitation Act;
| 11 | | 4. Hospitals, nursing homes, ambulatory surgical | 12 | | treatment centers, or
kidney disease treatment centers
| 13 | | maintained by the State or any department or agency | 14 | | thereof;
| 15 | | 5. Kidney disease treatment centers, including a | 16 | | free-standing
hemodialysis unit required to be licensed | 17 | | under the End Stage Renal Disease Facility Act;
| 18 | | 6. An institution, place, building, or room used for | 19 | | the performance of
outpatient surgical procedures that is | 20 | | leased, owned, or operated by or on
behalf of an | 21 | | out-of-state facility;
| 22 | | 7. An institution, place, building, or room used for | 23 | | provision of a health care category of service as defined | 24 | | by the Board, including, but not limited to, cardiac | 25 | | catheterization and open heart surgery; and | 26 | | 8. An institution, place, building, or room used for |
| | | 09700SB2554sam001 | - 13 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | provision of major medical equipment used in the direct | 2 | | clinical diagnosis or treatment of patients, and whose | 3 | | project cost is in excess of the capital expenditure | 4 | | minimum. | 5 | | This Act shall not apply to the construction of any new | 6 | | facility or the renovation of any existing facility located on | 7 | | any campus facility as defined in Section 5-5.8b of the | 8 | | Illinois Public Aid Code, provided that the campus facility | 9 | | encompasses 30 or more contiguous acres and that the new or | 10 | | renovated facility is intended for use by a licensed | 11 | | residential facility. | 12 | | No federally owned facility shall be subject to the | 13 | | provisions of this
Act, nor facilities used solely for healing | 14 | | by prayer or spiritual means.
| 15 | | No facility licensed under the Supportive Residences | 16 | | Licensing Act or the
Assisted Living and Shared Housing Act
| 17 | | shall be subject to the provisions of this Act.
| 18 | | No facility established and operating under the | 19 | | Alternative Health Care Delivery Act as a children's respite | 20 | | care center alternative health care model demonstration | 21 | | program or as an Alzheimer's Disease Management Center | 22 | | alternative health care model demonstration program shall be | 23 | | subject to the provisions of this Act. | 24 | | A facility designated as a supportive living facility that | 25 | | is in good
standing with the program
established under Section | 26 | | 5-5.01a of
the Illinois Public Aid Code shall not be subject to |
| | | 09700SB2554sam001 | - 14 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | the provisions of this
Act.
| 2 | | This Act does not apply to facilities granted waivers under | 3 | | Section 3-102.2
of the Nursing Home Care Act. However, if a | 4 | | demonstration project under that
Act applies for a certificate
| 5 | | of need to convert to a nursing facility, it shall meet the | 6 | | licensure and
certificate of need requirements in effect as of | 7 | | the date of application. | 8 | | This Act does not apply to a dialysis facility that | 9 | | provides only dialysis training, support, and related services | 10 | | to individuals with end stage renal disease who have elected to | 11 | | receive home dialysis. This Act does not apply to a dialysis | 12 | | unit located in a licensed nursing home that offers or provides | 13 | | dialysis-related services to residents with end stage renal | 14 | | disease who have elected to receive home dialysis within the | 15 | | nursing home. The Board, however, may require these dialysis | 16 | | facilities and licensed nursing homes to report statistical | 17 | | information on a quarterly basis to the Board to be used by the | 18 | | Board to conduct analyses on the need for proposed kidney | 19 | | disease treatment centers.
| 20 | | This Act shall not apply to the closure of an entity or a | 21 | | portion of an
entity licensed under the Nursing Home Care Act, | 22 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD | 23 | | MR/DD Community Care Act, with the exceptions of facilities | 24 | | operated by a county or Illinois Veterans Homes, that elects to | 25 | | convert, in
whole or in part, to an assisted living or shared | 26 | | housing establishment
licensed under the Assisted Living and |
| | | 09700SB2554sam001 | - 15 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Shared Housing Act.
| 2 | | This Act does not apply to any change of ownership of a | 3 | | healthcare facility that is licensed under the Nursing Home | 4 | | Care Act, the Specialized Mental Health Rehabilitation Act, or | 5 | | the ID/DD Community Care Act, with the exceptions of facilities | 6 | | operated by a county or Illinois Veterans Homes. Changes of | 7 | | ownership of facilities licensed under the Nursing Home Care | 8 | | Act must meet the requirements set forth in Sections 3-101 | 9 | | through 3-119 of the Nursing Home Care Act. | 10 | | With the exception of those health care facilities | 11 | | specifically
included in this Section, nothing in this Act | 12 | | shall be intended to
include facilities operated as a part of | 13 | | the practice of a physician or
other licensed health care | 14 | | professional, whether practicing in his
individual capacity or | 15 | | within the legal structure of any partnership,
medical or | 16 | | professional corporation, or unincorporated medical or
| 17 | | professional group. Further, this Act shall not apply to | 18 | | physicians or
other licensed health care professional's | 19 | | practices where such practices
are carried out in a portion of | 20 | | a health care facility under contract
with such health care | 21 | | facility by a physician or by other licensed
health care | 22 | | professionals, whether practicing in his individual capacity
| 23 | | or within the legal structure of any partnership, medical or
| 24 | | professional corporation, or unincorporated medical or | 25 | | professional
groups. This Act shall apply to construction or
| 26 | | modification and to establishment by such health care facility |
| | | 09700SB2554sam001 | - 16 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | of such
contracted portion which is subject to facility | 2 | | licensing requirements,
irrespective of the party responsible | 3 | | for such action or attendant
financial obligation.
| 4 | | "Person" means any one or more natural persons, legal | 5 | | entities,
governmental bodies other than federal, or any | 6 | | combination thereof.
| 7 | | "Consumer" means any person other than a person (a) whose | 8 | | major
occupation currently involves or whose official capacity | 9 | | within the last
12 months has involved the providing, | 10 | | administering or financing of any
type of health care facility, | 11 | | (b) who is engaged in health research or
the teaching of | 12 | | health, (c) who has a material financial interest in any
| 13 | | activity which involves the providing, administering or | 14 | | financing of any
type of health care facility, or (d) who is or | 15 | | ever has been a member of
the immediate family of the person | 16 | | defined by (a), (b), or (c).
| 17 | | "State Board" or "Board" means the Health Facilities and | 18 | | Services Review Board.
| 19 | | "Construction or modification" means the establishment, | 20 | | erection,
building, alteration, reconstruction, modernization, | 21 | | improvement,
extension, discontinuation, change of ownership, | 22 | | of or by a health care
facility, or the purchase or acquisition | 23 | | by or through a health care facility
of
equipment or service | 24 | | for diagnostic or therapeutic purposes or for
facility | 25 | | administration or operation, or any capital expenditure made by
| 26 | | or on behalf of a health care facility which
exceeds the |
| | | 09700SB2554sam001 | - 17 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | capital expenditure minimum; however, any capital expenditure
| 2 | | made by or on behalf of a health care facility for (i) the | 3 | | construction or
modification of a facility licensed under the | 4 | | Assisted Living and Shared
Housing Act or (ii) a conversion | 5 | | project undertaken in accordance with Section 30 of the Older | 6 | | Adult Services Act shall be excluded from any obligations under | 7 | | this Act.
| 8 | | "Establish" means the construction of a health care | 9 | | facility or the
replacement of an existing facility on another | 10 | | site or the initiation of a category of service as defined by | 11 | | the Board.
| 12 | | "Major medical equipment" means medical equipment which is | 13 | | used for the
provision of medical and other health services and | 14 | | which costs in excess
of the capital expenditure minimum, | 15 | | except that such term does not include
medical equipment | 16 | | acquired
by or on behalf of a clinical laboratory to provide | 17 | | clinical laboratory
services if the clinical laboratory is | 18 | | independent of a physician's office
and a hospital and it has | 19 | | been determined under Title XVIII of the Social
Security Act to | 20 | | meet the requirements of paragraphs (10) and (11) of Section
| 21 | | 1861(s) of such Act. In determining whether medical equipment | 22 | | has a value
in excess of the capital expenditure minimum, the | 23 | | value of studies, surveys,
designs, plans, working drawings, | 24 | | specifications, and other activities
essential to the | 25 | | acquisition of such equipment shall be included.
| 26 | | "Capital Expenditure" means an expenditure: (A) made by or |
| | | 09700SB2554sam001 | - 18 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | on behalf of
a health care facility (as such a facility is | 2 | | defined in this Act); and
(B) which under generally accepted | 3 | | accounting principles is not properly
chargeable as an expense | 4 | | of operation and maintenance, or is made to obtain
by lease or | 5 | | comparable arrangement any facility or part thereof or any
| 6 | | equipment for a facility or part; and which exceeds the capital | 7 | | expenditure
minimum.
| 8 | | For the purpose of this paragraph, the cost of any studies, | 9 | | surveys, designs,
plans, working drawings, specifications, and | 10 | | other activities essential
to the acquisition, improvement, | 11 | | expansion, or replacement of any plant
or equipment with | 12 | | respect to which an expenditure is made shall be included
in | 13 | | determining if such expenditure exceeds the capital | 14 | | expenditures minimum.
Unless otherwise interdependent, or | 15 | | submitted as one project by the applicant, components of | 16 | | construction or modification undertaken by means of a single | 17 | | construction contract or financed through the issuance of a | 18 | | single debt instrument shall not be grouped together as one | 19 | | project. Donations of equipment
or facilities to a health care | 20 | | facility which if acquired directly by such
facility would be | 21 | | subject to review under this Act shall be considered capital
| 22 | | expenditures, and a transfer of equipment or facilities for | 23 | | less than fair
market value shall be considered a capital | 24 | | expenditure for purposes of this
Act if a transfer of the | 25 | | equipment or facilities at fair market value would
be subject | 26 | | to review.
|
| | | 09700SB2554sam001 | - 19 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | "Capital expenditure minimum" means $11,500,000 for | 2 | | projects by hospital applicants, $6,500,000 for applicants for | 3 | | projects related to skilled and intermediate care long-term | 4 | | care facilities licensed under the Nursing Home Care Act, and | 5 | | $3,000,000 for projects by all other applicants, which shall be | 6 | | annually
adjusted to reflect the increase in construction costs | 7 | | due to inflation, for major medical equipment and for all other
| 8 | | capital expenditures.
| 9 | | "Non-clinical service area" means an area (i) for the | 10 | | benefit of the
patients, visitors, staff, or employees of a | 11 | | health care facility and (ii) not
directly related to the | 12 | | diagnosis, treatment, or rehabilitation of persons
receiving | 13 | | services from the health care facility. "Non-clinical service | 14 | | areas"
include, but are not limited to, chapels; gift shops; | 15 | | news stands; computer
systems; tunnels, walkways, and | 16 | | elevators; telephone systems; projects to
comply with life | 17 | | safety codes; educational facilities; student housing;
| 18 | | patient, employee, staff, and visitor dining areas; | 19 | | administration and
volunteer offices; modernization of | 20 | | structural components (such as roof
replacement and masonry | 21 | | work); boiler repair or replacement; vehicle
maintenance and | 22 | | storage facilities; parking facilities; mechanical systems for
| 23 | | heating, ventilation, and air conditioning; loading docks; and | 24 | | repair or
replacement of carpeting, tile, wall coverings, | 25 | | window coverings or treatments,
or furniture. Solely for the | 26 | | purpose of this definition, "non-clinical service
area" does |
| | | 09700SB2554sam001 | - 20 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | not include health and fitness centers.
| 2 | | "Areawide" means a major area of the State delineated on a
| 3 | | geographic, demographic, and functional basis for health | 4 | | planning and
for health service and having within it one or | 5 | | more local areas for
health planning and health service. The | 6 | | term "region", as contrasted
with the term "subregion", and the | 7 | | word "area" may be used synonymously
with the term "areawide".
| 8 | | "Local" means a subarea of a delineated major area that on | 9 | | a
geographic, demographic, and functional basis may be | 10 | | considered to be
part of such major area. The term "subregion" | 11 | | may be used synonymously
with the term "local".
| 12 | | "Physician" means a person licensed to practice in | 13 | | accordance with
the Medical Practice Act of 1987, as amended.
| 14 | | "Licensed health care professional" means a person | 15 | | licensed to
practice a health profession under pertinent | 16 | | licensing statutes of the
State of Illinois.
| 17 | | "Director" means the Director of the Illinois Department of | 18 | | Public Health.
| 19 | | "Agency" means the Illinois Department of Public Health.
| 20 | | "Alternative health care model" means a facility or program | 21 | | authorized
under the Alternative Health Care Delivery Act.
| 22 | | "Out-of-state facility" means a person that is both (i) | 23 | | licensed as a
hospital or as an ambulatory surgery center under | 24 | | the laws of another state
or that
qualifies as a hospital or an | 25 | | ambulatory surgery center under regulations
adopted pursuant | 26 | | to the Social Security Act and (ii) not licensed under the
|
| | | 09700SB2554sam001 | - 21 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Ambulatory Surgical Treatment Center Act, the Hospital | 2 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of | 3 | | out-of-state facilities shall be
considered out-of-state | 4 | | facilities. Affiliates of Illinois licensed health
care | 5 | | facilities 100% owned by an Illinois licensed health care | 6 | | facility, its
parent, or Illinois physicians licensed to | 7 | | practice medicine in all its
branches shall not be considered | 8 | | out-of-state facilities. Nothing in
this definition shall be
| 9 | | construed to include an office or any part of an office of a | 10 | | physician licensed
to practice medicine in all its branches in | 11 | | Illinois that is not required to be
licensed under the | 12 | | Ambulatory Surgical Treatment Center Act.
| 13 | | "Change of ownership of a health care facility" means a | 14 | | change in the
person
who has ownership or
control of a health | 15 | | care facility's physical plant and capital assets. A change
in | 16 | | ownership is indicated by
the following transactions: sale, | 17 | | transfer, acquisition, lease, change of
sponsorship, or other | 18 | | means of
transferring control.
| 19 | | "Related person" means any person that: (i) is at least 50% | 20 | | owned, directly
or indirectly, by
either the health care | 21 | | facility or a person owning, directly or indirectly, at
least | 22 | | 50% of the health
care facility; or (ii) owns, directly or | 23 | | indirectly, at least 50% of the
health care facility.
| 24 | | "Charity care" means care provided by a health care | 25 | | facility for which the provider does not expect to receive | 26 | | payment from the patient or a third-party payer. |
| | | 09700SB2554sam001 | - 22 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | "Freestanding emergency center" means a facility subject | 2 | | to licensure under Section 32.5 of the Emergency Medical | 3 | | Services (EMS) Systems Act. | 4 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 5 | | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; | 6 | | revised 9-7-11.)
| 7 | | (20 ILCS 3960/14.1)
| 8 | | Sec. 14.1. Denial of permit; other sanctions. | 9 | | (a) The State Board may deny an application for a permit or | 10 | | may revoke or
take other action as permitted by this Act with | 11 | | regard to a permit as the State
Board deems appropriate, | 12 | | including the imposition of fines as set forth in this
Section, | 13 | | for any one or a combination of the following: | 14 | | (1) The acquisition of major medical equipment without | 15 | | a permit or in
violation of the terms of a permit. | 16 | | (2) The establishment, construction, or modification | 17 | | of a health care
facility without a permit or in violation | 18 | | of the terms of a permit. | 19 | | (3) The violation of any provision of this Act or any | 20 | | rule adopted
under this Act. | 21 | | (4) The failure, by any person subject to this Act, to | 22 | | provide information
requested by the State Board or Agency | 23 | | within 30 days after a formal written
request for the | 24 | | information. | 25 | | (5) The failure to pay any fine imposed under this |
| | | 09700SB2554sam001 | - 23 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Section within 30 days
of its imposition. | 2 | | (a-5) For facilities licensed under the ID/DD Community | 3 | | Care Act, no permit shall be denied on the basis of prior | 4 | | operator history, other than for actions specified under item | 5 | | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | 6 | | Act. For facilities licensed under the Specialized Mental | 7 | | Health Rehabilitation Act, no permit shall be denied on the | 8 | | basis of prior operator history, other than for : (i) actions | 9 | | specified under item (2), (3), (4), or (5) , or (6) of Section | 10 | | 3-117 of the Specialized Mental Health Rehabilitation Act or | 11 | | item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing | 12 | | Home Care Act; (ii) actions specified under item (a)(6) of | 13 | | Section 3-119 of the Specialized Mental Health Rehabilitation | 14 | | Act or item (a)(6) of Section 3-119 of the Nursing Home Care | 15 | | Act; or (iii) actions within the preceding 5 years constituting | 16 | | a substantial and repeated failure to comply with the | 17 | | Specialized Mental Health Rehabilitation Act or the Nursing | 18 | | Home Care Act or the rules and regulations adopted by the | 19 | | Department under those Acts . For facilities licensed under the | 20 | | Nursing Home Care Act, no permit shall be denied on the basis | 21 | | of prior operator history, other than for: (i) actions | 22 | | specified under item (2), (3), (4), (5), or (6) of Section | 23 | | 3-117 of the Specialized Mental Health Rehabilitation Act or | 24 | | item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing | 25 | | Home Care Act; (ii) actions specified under item (a)(6) of | 26 | | Section 3-119 of the Specialized Mental Health Rehabilitation |
| | | 09700SB2554sam001 | - 24 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Act or item (2), (3), (4), (5), or (6) of Section 3-117 of the | 2 | | Nursing Home Care Act; or (iii) actions within the preceding 5 | 3 | | years constituting a substantial and repeated failure to comply | 4 | | with the Specialized Mental Health Rehabilitation Act or the | 5 | | Nursing Home Care Act or the rules and regulations adopted by | 6 | | the Department under those Acts that Act . The State Board shall | 7 | | not deny a permit on account of any action described in this | 8 | | subsection (a-5) without also considering all such actions in | 9 | | the light of all relevant information available to the State | 10 | | Board, including whether the permit is sought to substantially | 11 | | comply with a mandatory or voluntary plan of correction | 12 | | associated with any action described in this subsection (a-5).
| 13 | | A permit for a change of ownership granted pursuant to this | 14 | | Section for a facility that has committed 2 Type "A" violations | 15 | | or at least one Type "AA" violation in the past 2 years must | 16 | | require the new owner to comply with a credible plan detailing | 17 | | how the facility will remain in compliance with its applicable | 18 | | licensing Act and rules and regulations adopted by the | 19 | | Department under that Act. Failure to comply with the plan | 20 | | shall be considered a modification of a health care facility | 21 | | for purposes of subsection (b) of this Section. | 22 | | (b) Persons shall be subject to fines as follows: | 23 | | (1) A permit holder who fails to comply with the | 24 | | requirements of
maintaining a valid permit shall be fined | 25 | | an amount not to exceed 1% of the
approved permit amount | 26 | | plus an additional 1% of the approved permit amount for
|
| | | 09700SB2554sam001 | - 25 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | each 30-day period, or fraction thereof, that the violation | 2 | | continues. | 3 | | (2) A permit holder who alters the scope of an approved | 4 | | project or whose
project costs exceed the allowable permit | 5 | | amount without first obtaining
approval from the State | 6 | | Board shall be fined an amount not to exceed the sum of
(i) | 7 | | the lesser of $25,000 or 2% of the approved permit amount | 8 | | and (ii) in those
cases where the approved permit amount is | 9 | | exceeded by more than $1,000,000, an
additional $20,000 for | 10 | | each $1,000,000, or fraction thereof, in excess of the
| 11 | | approved permit amount. | 12 | | (3) A person who acquires major medical equipment or | 13 | | who establishes a
category of service without first | 14 | | obtaining a permit or exemption, as the case
may be, shall | 15 | | be fined an amount not to exceed $10,000 for each such
| 16 | | acquisition or category of service established plus an | 17 | | additional $10,000 for
each 30-day period, or fraction | 18 | | thereof, that the violation continues. | 19 | | (4) A person who constructs, modifies, or establishes a | 20 | | health care
facility without first obtaining a permit shall | 21 | | be fined an amount not to
exceed $25,000 plus an additional | 22 | | $25,000 for each 30-day period, or fraction
thereof, that | 23 | | the violation continues. | 24 | | (5) A person who discontinues a health care facility or | 25 | | a category of
service without first obtaining a permit | 26 | | shall be fined an amount not to exceed
$10,000 plus an |
| | | 09700SB2554sam001 | - 26 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | additional $10,000 for each 30-day period, or fraction | 2 | | thereof,
that the violation continues. For purposes of this | 3 | | subparagraph (5), facilities licensed under the Nursing | 4 | | Home Care Act or the ID/DD Community Care Act, with the | 5 | | exceptions of facilities operated by a county or Illinois | 6 | | Veterans Homes, are exempt from this permit requirement. | 7 | | However, facilities licensed under the Nursing Home Care | 8 | | Act or the ID/DD Community Care Act must comply with | 9 | | Section 3-423 of the Nursing Home Care Act or Section 3-423 | 10 | | of the ID/DD Community Care Act and must provide the Board | 11 | | with 30-days' written notice of its intent to close.
| 12 | | (6) A person subject to this Act who fails to provide | 13 | | information
requested by the State Board or Agency within | 14 | | 30 days of a formal written
request shall be fined an | 15 | | amount not to exceed $1,000 plus an additional $1,000
for | 16 | | each 30-day period, or fraction thereof, that the | 17 | | information is not
received by the State Board or Agency. | 18 | | (c) Before imposing any fine authorized under this Section, | 19 | | the State Board
shall afford the person or permit holder, as | 20 | | the case may be, an appearance
before the State Board and an | 21 | | opportunity for a hearing before a hearing
officer appointed by | 22 | | the State Board. The hearing shall be conducted in
accordance | 23 | | with Section 10. | 24 | | (d) All fines collected under this Act shall be transmitted | 25 | | to the State
Treasurer, who shall deposit them into the | 26 | | Illinois Health Facilities Planning
Fund. |
| | | 09700SB2554sam001 | - 27 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | 2 | | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
| 3 | | Section 15. The Nursing Home Care Act is amended by | 4 | | changing Sections 2-208, 3-109, 3-117, 3-119, 3-202, 3-202.05, | 5 | | 3-202.2b, 3-206, 3-207, 3-304.1, and 3-808.5 and by adding | 6 | | Sections 1-114.2, 2-218, 3-202.6, and 3-206.06 as follows: | 7 | | (210 ILCS 45/1-114.2 new) | 8 | | Sec. 1-114.2. Liability insurance. "Liability insurance" | 9 | | means insurance on risks based upon neglect of a resident for | 10 | | which a licensee is or may be responsible.
| 11 | | (210 ILCS 45/2-208) (from Ch. 111 1/2, par. 4152-208)
| 12 | | Sec. 2-208. Notice of death, unusual incident, abuse, or | 13 | | neglect. | 14 | | (a) A facility shall immediately notify the resident's next | 15 | | of
kin, representative and physician of the resident's death or | 16 | | when the resident's
death appears to be imminent. A facility | 17 | | shall notify the Department by telephone of a resident's death | 18 | | within
24 hours after the resident's death. The facility shall | 19 | | notify
the Department of the death of a facility resident that | 20 | | does
not occur in the facility immediately upon learning of the
| 21 | | death. A facility shall promptly notify the coroner or medical
| 22 | | examiner of a resident's death in a manner and form to be
| 23 | | determined by the Department after consultation with the
|
| | | 09700SB2554sam001 | - 28 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | coroner or medical examiner of the county in which the facility
| 2 | | is located. In addition to notice to the Department by
| 3 | | telephone, the Department shall require the facility to submit
| 4 | | written notification of the death of a resident within 72 hours
| 5 | | after the death, including a report of any medication errors or
| 6 | | other incidents that occurred, within 30 days after the | 7 | | resident's
death. A facility's failure to comply with this | 8 | | subsection shall
constitute a Type "B" violation. | 9 | | (b) A facility shall immediately notify a resident's next
| 10 | | of kin, guardian, or representative of any unusual
incident, | 11 | | abuse, or neglect involving the resident. A facility
shall | 12 | | immediately notify the Department by telephone of any
unusual | 13 | | incident, abuse, or neglect required to be reported
pursuant to | 14 | | State law or administrative rule. In addition to
notice to the | 15 | | Department by telephone, the Department shall
require the | 16 | | facility to submit written notification of any
unusual | 17 | | incident, abuse, or neglect within one day after the
unusual | 18 | | incident, abuse, or neglect occurs. A facility's
failure to | 19 | | comply with this subsection shall constitute a Type "B"
| 20 | | violation. For purposes of this subsection, "unusual incident"
| 21 | | means any of the following: a serious injury; an unscheduled | 22 | | hospital visit for treatment
of serious injury; a 9-1-1 call | 23 | | for emergency services directly
relating to a resident threat; | 24 | | or stalking of staff, a resident,
or any other person.
| 25 | | (Source: P.A. 81-223.)
|
| | | 09700SB2554sam001 | - 29 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (210 ILCS 45/2-218 new) | 2 | | Sec. 2-218. Notification of violations or deficiencies. | 3 | | When the
Department issues any notice pursuant to Section | 4 | | 3-119,
3-301, 3-303, 3-307, or 3-702 of this Act, or when the | 5 | | Centers for Medicare and Medicaid Services (CMS) issues a | 6 | | notice
of federal Medicaid certification deficiencies, the | 7 | | facility
receiving the notice shall provide notification of the | 8 | | violations or deficiencies,
within 10 days after receiving the | 9 | | notice, to (i) every resident identified or referred to | 10 | | anywhere within the
Department's notice of violations or the | 11 | | CMS Form 2567 (Statement of Deficiencies and Plan of | 12 | | Correction) as having received care or
services that violated | 13 | | State or federal standards and (ii) the guardian or resident's | 14 | | representative of every such resident. The
notification | 15 | | provided by the facility shall include a Department-prescribed
| 16 | | notification letter as determined by rule and a copy of the | 17 | | Department's notice of violations and CMS Form 2567, if any. A
| 18 | | facility's failure to provide notification pursuant to this
| 19 | | Section to a resident and the resident's representative or
| 20 | | guardian, if any, shall constitute a Type "B" violation.
| 21 | | (210 ILCS 45/3-109) (from Ch. 111 1/2, par. 4153-109)
| 22 | | Sec. 3-109. Upon receipt and review of an application for a | 23 | | license
made under this Article and inspection of the applicant | 24 | | facility under
this Article, the Director shall issue a license | 25 | | if he finds:
|
| | | 09700SB2554sam001 | - 30 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (1) that the individual applicant, or the corporation, | 2 | | partnership
or other entity if the applicant is not an | 3 | | individual, is a person
responsible and suitable to operate | 4 | | or to direct or participate in the
operation of a facility | 5 | | by virtue of financial capacity, appropriate
business or | 6 | | professional experience, a record of compliance with | 7 | | lawful
orders of the Department and lack of revocation of a | 8 | | license during the
previous 5 years;
| 9 | | (2) that the facility is under the supervision of an | 10 | | administrator
who is licensed, if required, under the | 11 | | Nursing Home Administrators Licensing and Disciplinary | 12 | | Act,
as now or hereafter amended; and
| 13 | | (3) that the facility is covered by liability insurance | 14 | | as required by this Act; and | 15 | | (4) (3) that the facility is in substantial compliance | 16 | | with this Act,
and such other requirements for a license as | 17 | | the Department by rule may
establish under this Act.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 19 | | (210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) | 20 | | Sec. 3-117. An application for a license may be denied for | 21 | | any of the
following reasons: | 22 | | (1) Failure to meet any of the minimum standards set | 23 | | forth by this
Act or by rules and regulations promulgated | 24 | | by the Department under this Act.
| 25 | | (2) Conviction of the applicant, or if the applicant is |
| | | 09700SB2554sam001 | - 31 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | a firm,
partnership or association, of any of its members, | 2 | | or if a corporation,
the conviction of the corporation or | 3 | | any of its officers or
stockholders, or of the person | 4 | | designated to manage or supervise the
facility, of a | 5 | | felony, or of 2 or more misdemeanors involving moral
| 6 | | turpitude, during the previous 5 years as shown by a | 7 | | certified copy
of the record of the court of conviction. | 8 | | (3) Personnel insufficient in number or unqualified by | 9 | | training or
experience to properly care for the proposed | 10 | | number and type of residents. | 11 | | (4) Insufficient financial or other resources to | 12 | | operate and conduct
the facility in accordance with | 13 | | standards promulgated by the Department
under this Act , | 14 | | including failure to have or maintain liability insurance | 15 | | as required by this Act, and in accordance with contractual | 16 | | obligations assumed by a recipient of a grant under the | 17 | | Equity in Long-term Care Quality Act and the plan (if | 18 | | applicable) submitted by a grantee for continuing and | 19 | | increasing adherence to best practices in providing | 20 | | high-quality nursing home care. | 21 | | (5) Revocation of a facility license during the | 22 | | previous 5 years, if
such prior license was issued to the | 23 | | individual applicant, a controlling
owner or controlling | 24 | | combination of owners of the applicant; or any
affiliate of | 25 | | the individual applicant or controlling owner of the | 26 | | applicant
and such individual applicant, controlling owner |
| | | 09700SB2554sam001 | - 32 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | of the applicant or
affiliate of the applicant was a | 2 | | controlling owner of the prior license;
provided, however, | 3 | | that the denial of an application for a license pursuant
to | 4 | | this subsection must be supported by evidence that such | 5 | | prior revocation
renders the applicant unqualified or | 6 | | incapable of meeting or maintaining
a facility in | 7 | | accordance with the standards and rules promulgated by the
| 8 | | Department under this Act. | 9 | | (6) That the facility is not under the direct | 10 | | supervision of a full-time
administrator, as defined by | 11 | | regulation, who is licensed, if required,
under the Nursing | 12 | | Home Administrators Licensing and Disciplinary Act. | 13 | | (7) That the facility is in receivership and the | 14 | | proposed licensee has not submitted a specific detailed | 15 | | plan to bring the facility into compliance with the | 16 | | requirements of this Act and with federal certification | 17 | | requirements, if the facility is certified, and to keep the | 18 | | facility in such compliance. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
| 20 | | (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
| 21 | | Sec. 3-119. (a) The Department, after notice to the | 22 | | applicant or
licensee, may suspend, revoke or refuse to renew a | 23 | | license in any case
in which the Department finds any of the | 24 | | following:
| 25 | | (1) There has been a substantial failure to comply with |
| | | 09700SB2554sam001 | - 33 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | this Act or the
rules and regulations promulgated by the | 2 | | Department under this Act. A substantial failure by a | 3 | | facility shall include, but not be limited to, any of the | 4 | | following: | 5 | | (A) termination of Medicare or Medicaid | 6 | | certification by the Centers for Medicare and Medicaid | 7 | | Services; or | 8 | | (B) a failure by the facility to pay any fine | 9 | | assessed under this Act after the Department has sent | 10 | | to the facility at least 2 notices of assessment that | 11 | | include a schedule of payments as determined by the | 12 | | Department, taking into account extenuating | 13 | | circumstances and financial hardships of the facility.
| 14 | | (2) Conviction of the licensee, or of the person | 15 | | designated to manage
or supervise the facility, of a | 16 | | felony, or of 2 or more misdemeanors
involving moral | 17 | | turpitude, during the previous 5 years as shown by a
| 18 | | certified copy of the record of the court of conviction.
| 19 | | (3) Personnel is insufficient in number or unqualified | 20 | | by
training or experience to properly care for the number | 21 | | and
type of residents served by the facility.
| 22 | | (4) Financial or other resources are insufficient to | 23 | | conduct
and operate the facility in accordance with | 24 | | standards promulgated by the
Department under this Act , | 25 | | including that the facility failed to maintain liability | 26 | | insurance coverage as required by this Act at some time |
| | | 09700SB2554sam001 | - 34 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | during the term of its license .
| 2 | | (5) The facility is not under the direct supervision of | 3 | | a full-time
administrator, as defined by regulation, who is | 4 | | licensed, if required,
under the Nursing Home | 5 | | Administrators Licensing and Disciplinary Act.
| 6 | | (6) The facility has committed 2 Type "AA" violations | 7 | | within a 2-year period. | 8 | | (b) Notice under this Section shall include a clear and | 9 | | concise
statement of the violations on which the nonrenewal or | 10 | | revocation is
based, the statute or rule violated and notice of | 11 | | the opportunity for a
hearing under Section 3-703.
| 12 | | (c) If a facility desires to contest the nonrenewal or | 13 | | revocation of
a license, the facility shall, within 10 days | 14 | | after receipt of notice
under subsection (b) of this Section, | 15 | | notify the Department in writing
of its request for a hearing | 16 | | under Section 3-703. Upon receipt of the
request the Department | 17 | | shall send notice to the facility and hold a
hearing as | 18 | | provided under Section 3-703.
| 19 | | (d) The effective date of nonrenewal or revocation of a | 20 | | license by
the Department shall be any of the following:
| 21 | | (1) Until otherwise ordered by the circuit court, | 22 | | revocation is
effective on the date set by the Department | 23 | | in the notice of revocation,
or upon final action after | 24 | | hearing under Section 3-703, whichever is later.
| 25 | | (2) Until otherwise ordered by the circuit court, | 26 | | nonrenewal is
effective on the date of expiration of any |
| | | 09700SB2554sam001 | - 35 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | existing license, or upon
final action after hearing under | 2 | | Section 3-703, whichever is later; however,
a license shall | 3 | | not be deemed to have expired if the Department fails to
| 4 | | timely respond to a timely request for renewal under this | 5 | | Act or for a hearing
to contest nonrenewal under paragraph | 6 | | (c).
| 7 | | (3) The Department may extend the effective date of | 8 | | license
revocation or expiration in any case in order to | 9 | | permit orderly removal
and relocation of residents.
| 10 | | The Department may refuse to issue or may suspend the
| 11 | | license of any person who fails to file a return, or to pay the | 12 | | tax,
penalty or interest shown in a filed return, or to pay any | 13 | | final assessment
of tax, penalty or interest, as required by | 14 | | any tax Act administered by the
Illinois Department of Revenue, | 15 | | until such time as the requirements of any
such tax Act are | 16 | | satisfied.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
| 18 | | (210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)
| 19 | | Sec. 3-202. The Department shall prescribe minimum | 20 | | standards for facilities. These standards shall regulate:
| 21 | | (1) Location and construction of the facility, | 22 | | including plumbing, heating,
lighting, ventilation, and | 23 | | other physical conditions which shall ensure the
health, | 24 | | safety, and comfort of residents and their protection from | 25 | | fire hazard;
|
| | | 09700SB2554sam001 | - 36 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (2) Number and qualifications of all personnel, | 2 | | including management and
nursing personnel, having | 3 | | responsibility for any part of the care given
to residents; | 4 | | specifically, the Department shall establish staffing | 5 | | ratios
for facilities which shall specify the number of | 6 | | staff hours per resident
of care that are needed for | 7 | | professional nursing care for various types
of facilities | 8 | | or areas within facilities and shall require consistent | 9 | | assignment of the same nursing and other direct care staff | 10 | | to the same residents, to the extent circumstances within | 11 | | the control of the facility permit such assignment and | 12 | | respecting requests by staff for reassignment ;
| 13 | | (3) All sanitary conditions within the facility and its | 14 | | surroundings,
including water supply, sewage disposal, | 15 | | food handling, and general hygiene,
which shall ensure the | 16 | | health and comfort of residents;
| 17 | | (4) Diet related to the needs of each resident based on | 18 | | good nutritional
practice and on recommendations which may | 19 | | be made by the physicians attending
the resident;
| 20 | | (5) Equipment essential to the health and welfare of | 21 | | the residents;
| 22 | | (6) A program of habilitation and rehabilitation for | 23 | | those residents who
would benefit from such programs;
| 24 | | (7) A program for adequate maintenance of physical | 25 | | plant and equipment;
| 26 | | (8) Adequate accommodations, staff and services for |
| | | 09700SB2554sam001 | - 37 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | the number and
types of residents for whom the facility is | 2 | | licensed to care, including
standards for temperature and | 3 | | relative humidity within comfort zones determined
by the | 4 | | Department based upon a combination of air temperature, | 5 | | relative
humidity and air movement. Such standards shall | 6 | | also require facility plans
that provide for health and | 7 | | comfort of residents at medical risk as determined
by the | 8 | | attending physician whenever the temperature and relative | 9 | | humidity
are outside such comfort zones established by the | 10 | | Department. The standards must include a requirement that | 11 | | areas of a nursing home used by residents of the nursing | 12 | | home be air conditioned and heated by means of operable | 13 | | air-conditioning and heating equipment. The areas subject | 14 | | to this air-conditioning and heating requirement include, | 15 | | without limitation, bedrooms or common areas such as | 16 | | sitting rooms, activity rooms, living rooms, community | 17 | | rooms, and dining rooms. No later than July 1, 2008, the | 18 | | Department shall submit a report to the General Assembly | 19 | | concerning the impact of the changes made by this | 20 | | amendatory Act of the 95th General Assembly;
| 21 | | (9) Development of evacuation and other appropriate | 22 | | safety plans for
use during weather, health, fire, physical | 23 | | plant, environmental and
national defense emergencies; and
| 24 | | (10) Maintenance of minimum financial or other | 25 | | resources necessary to
meet the standards established | 26 | | under this Section, and to operate and
conduct the facility |
| | | 09700SB2554sam001 | - 38 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | in accordance with this Act.
| 2 | | (Source: P.A. 95-31, eff. 8-9-07.)
| 3 | | (210 ILCS 45/3-202.05) | 4 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 5 | | thereafter. | 6 | | (a) For the purpose of computing staff to resident ratios, | 7 | | direct care staff shall include: | 8 | | (1) registered nurses; | 9 | | (2) licensed practical nurses; | 10 | | (3) certified nurse assistants; | 11 | | (4) psychiatric services rehabilitation aides; | 12 | | (5) rehabilitation and therapy aides; | 13 | | (6) psychiatric services rehabilitation coordinators; | 14 | | (7) assistant directors of nursing; | 15 | | (8) 50% of the Director of Nurses' time; and | 16 | | (9) 30% of the Social Services Directors' time. | 17 | | The Department shall, by rule, allow certain facilities | 18 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 19 | | S) and 300.6000 and following (Subpart T) to utilize | 20 | | specialized clinical staff, as defined in rules, to count | 21 | | towards the staffing ratios. | 22 | | An employee listed in any of items (1) through (7) shall be | 23 | | counted as direct care staff to the extent the individual | 24 | | actually provides direct care to residents, including any | 25 | | ancillary time the individual spends recording the direct care |
| | | 09700SB2554sam001 | - 39 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | he or she has provided to residents. An individual's time spent | 2 | | on scheduled breaks, in training (other than one-on-one | 3 | | demonstration and practice of direct care techniques with a | 4 | | resident), making appointments, or serving other functions not | 5 | | in the presence of a resident, shall not be considered "direct | 6 | | care". | 7 | | (b) Beginning January 1, 2011, and thereafter, light | 8 | | intermediate care shall be staffed at the same staffing ratio | 9 | | as intermediate care. | 10 | | (c) Facilities shall notify the Department within 60 days | 11 | | after the effective date of this amendatory Act of the 96th | 12 | | General Assembly, in a form and manner prescribed by the | 13 | | Department, of the staffing ratios in effect on the effective | 14 | | date of this amendatory Act of the 96th General Assembly for | 15 | | both intermediate and skilled care and the number of residents | 16 | | receiving each level of care. | 17 | | (d)(1) Effective July 1, 2010, for each resident needing | 18 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 19 | | and personal care each day must be provided; for each resident | 20 | | needing intermediate care, 1.7 hours of nursing and personal | 21 | | care each day must be provided. | 22 | | (2) Effective January 1, 2011, the minimum staffing ratios | 23 | | shall be increased to 2.7 hours of nursing and personal care | 24 | | each day for a resident needing skilled care and 1.9 hours of | 25 | | nursing and personal care each day for a resident needing | 26 | | intermediate care. |
| | | 09700SB2554sam001 | - 40 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (3) Effective January 1, 2012, the minimum staffing ratios | 2 | | shall be increased to 3.0 hours of nursing and personal care | 3 | | each day for a resident needing skilled care and 2.1 hours of | 4 | | nursing and personal care each day for a resident needing | 5 | | intermediate care. | 6 | | (4) Effective January 1, 2013, the minimum staffing ratios | 7 | | shall be increased to 3.4 hours of nursing and personal care | 8 | | each day for a resident needing skilled care and 2.3 hours of | 9 | | nursing and personal care each day for a resident needing | 10 | | intermediate care. | 11 | | (5) Effective January 1, 2014, the minimum staffing ratios | 12 | | shall be increased to 3.8 hours of nursing and personal care | 13 | | each day for a resident needing skilled care and 2.5 hours of | 14 | | nursing and personal care each day for a resident needing | 15 | | intermediate care.
| 16 | | (Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11.) | 17 | | (210 ILCS 45/3-202.2b) | 18 | | Sec. 3-202.2b. Certification of psychiatric rehabilitation | 19 | | program. | 20 | | (a) No later than January 1, 2011, the Department shall | 21 | | file with the Joint Committee on Administrative Rules, pursuant | 22 | | to the Illinois Administrative Procedure Act, proposed rules or | 23 | | proposed amendments to existing rules to establish a special | 24 | | certification program for compliance with 77 Ill. Admin. Code | 25 | | 300.4000 and following (Subpart S), which provides for |
| | | 09700SB2554sam001 | - 41 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | psychiatric rehabilitation services that are required to be | 2 | | offered by a long term care facility licensed under this Act | 3 | | that serves residents with serious mental illness. Compliance | 4 | | with standards promulgated pursuant to this Section must be | 5 | | demonstrated before a long term care facility licensed under | 6 | | this Act is eligible to become certified under this Section and | 7 | | annually thereafter. | 8 | | (b) No long term care facility shall establish, operate, | 9 | | maintain, or offer psychiatric rehabilitation services, or | 10 | | admit, retain, or seek referrals of a resident with a serious | 11 | | mental illness diagnosis, unless and until a valid | 12 | | certification, which remains unsuspended, unrevoked, and | 13 | | unexpired, has been issued. | 14 | | (c) A facility that currently serves a resident with | 15 | | serious mental illness may continue to admit such residents | 16 | | until the Department performs a certification review and | 17 | | determines that the facility does not meet the requirements for | 18 | | certification. The Department, at its discretion, may provide | 19 | | an additional 90-day period for the facility to meet the | 20 | | requirements for certification if it finds that the facility | 21 | | has made a good faith effort to comply with all certification | 22 | | requirements and will achieve total compliance with the | 23 | | requirements before the end of the 90-day period. The facility | 24 | | shall be prohibited from admitting residents with serious | 25 | | mental illness until the Department certifies the facility to | 26 | | be in compliance with the requirements of this Section. |
| | | 09700SB2554sam001 | - 42 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (d) A facility currently serving residents with serious | 2 | | mental illness that elects to terminate provision of services | 3 | | to this population must immediately notify the Department of | 4 | | its intent, cease to admit new residents with serious mental | 5 | | illness, and give notice to all existing residents with serious | 6 | | mental illness of their impending discharge. These residents | 7 | | shall be accorded all rights and assistance provided to a | 8 | | resident being involuntarily discharged and those provided | 9 | | under Section 2-201.5. The facility shall continue to adhere to | 10 | | all requirements of 77 Ill. Admin. Code 300.4000 until all | 11 | | residents with serious mental illness have been discharged. | 12 | | (e) A long term care facility found to be out of compliance | 13 | | with the certification requirements under this Section may be | 14 | | subject to denial, revocation, or suspension of the psychiatric | 15 | | rehabilitation services certification or the imposition of | 16 | | sanctions and penalties, including the immediate suspension of | 17 | | new admissions. Hearings shall be conducted pursuant to Article | 18 | | III, Part 7 of this Act. | 19 | | (f) The Department shall indicate, on its list of licensed | 20 | | long term care facilities, which facilities are certified under | 21 | | this Section and shall distribute this list to the appropriate | 22 | | State agencies charged with administering and implementing the | 23 | | State's program of pre-admission screening and resident | 24 | | review, hospital discharge planners, Area Agencies on Aging, | 25 | | Case Coordination Units, and others upon request. | 26 | | (g) No public official, agent, or employee of the State, or |
| | | 09700SB2554sam001 | - 43 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | any subcontractor of the State, may refer or arrange for the | 2 | | placement of a person with serious mental illness in a long | 3 | | term care facility that is not certified under this Section. No | 4 | | public official, agent, or employee of the State, or any | 5 | | subcontractor of the State, may place the name of a long term | 6 | | care facility on a list of facilities serving the seriously | 7 | | mentally ill for distribution to the general public or to | 8 | | professionals arranging for placements or making referrals | 9 | | unless the facility is certified under this Section. | 10 | | (h) Certification requirements. The Department shall | 11 | | establish requirements for certification that augment current | 12 | | quality of care standards for long term care facilities serving | 13 | | residents with serious mental illness, which shall include | 14 | | admission, discharge planning, psychiatric rehabilitation | 15 | | services, development of age-group appropriate treatment plan | 16 | | goals and services, behavior management services, coordination | 17 | | with community mental health services, staff qualifications | 18 | | and training, clinical consultation, resident access to the | 19 | | outside community, and appropriate environment and space for | 20 | | resident programs, recreation, privacy, and any other issue | 21 | | deemed appropriate by the Department. The augmented standards | 22 | | shall at a minimum include, but need not be limited to, the | 23 | | following: | 24 | | (1) Staff sufficient in number and qualifications | 25 | | necessary to meet the scheduled and unscheduled needs of | 26 | | the residents on a 24-hour basis. The Department shall |
| | | 09700SB2554sam001 | - 44 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | establish by rule the minimum number of psychiatric | 2 | | services rehabilitation coordinators in relation to the | 3 | | number of residents with serious mental illness residing in | 4 | | the facility. When no psychiatric services rehabilitation | 5 | | coordinator is in the facility, there shall be at least one | 6 | | such person on call and available to respond to emergencies | 7 | | in the facility. | 8 | | (2) The number and qualifications of consultants | 9 | | required to be contracted with to provide continuing | 10 | | education and training, and to assist with program | 11 | | development. | 12 | | (3) Training for all new employees specific to the care | 13 | | needs of residents with a serious mental illness diagnosis | 14 | | during their orientation period and annually thereafter. | 15 | | Training shall be independent of the Department and | 16 | | overseen by an agency designated by the Governor to | 17 | | determine the content of all facility employee training and | 18 | | to provide training for all trainers of facility employees. | 19 | | Training of employees shall at minimum include, but need | 20 | | not be limited to, (i) the impact of a serious mental | 21 | | illness diagnosis, (ii) the recovery paradigm and the role | 22 | | of psychiatric rehabilitation, (iii) preventive strategies | 23 | | for managing aggression and crisis prevention, (iv) basic | 24 | | psychiatric rehabilitation techniques and service | 25 | | delivery, (v) resident rights, (vi) abuse prevention, | 26 | | (vii) appropriate interaction between staff and residents, |
| | | 09700SB2554sam001 | - 45 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | and (viii) any other topic deemed by the Department to be | 2 | | important to ensuring quality of care. | 3 | | (4) Quality assessment and improvement requirements, | 4 | | in addition to those contained in this Act on the effective | 5 | | date of this amendatory Act of the 96th General Assembly, | 6 | | specific to a facility's residential psychiatric | 7 | | rehabilitation services, which shall be made available to | 8 | | the Department upon request. A facility shall be required | 9 | | at a minimum to develop and maintain policies and | 10 | | procedures that include, but need not be limited to, | 11 | | evaluation of the appropriateness of resident admissions | 12 | | based on the facility's capacity to meet specific needs, | 13 | | resident assessments, development and implementation of | 14 | | care plans, and discharge planning. | 15 | | (5) Room selection and appropriateness of roommate | 16 | | assignment , including the assignment of female residents | 17 | | to female-only units or floors and, to the extent possible | 18 | | (taking into account the availability of staff and staff | 19 | | preference), the assignment of only female staff to work on | 20 | | those floors or units . | 21 | | (6) Comprehensive quarterly review of all treatment | 22 | | plans for residents with serious mental illness by the | 23 | | resident's interdisciplinary team, which takes into | 24 | | account, at a minimum, the resident's progress, prior | 25 | | assessments, and treatment plan. | 26 | | (7) Substance abuse screening and management and |
| | | 09700SB2554sam001 | - 46 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | documented referral relationships with certified substance | 2 | | abuse treatment providers. | 3 | | (8) Administration of psychotropic medications to a | 4 | | non-objecting resident with serious mental illness who is | 5 | | incapable of giving informed consent, in compliance with | 6 | | the applicable provisions of the Mental Health and | 7 | | Developmental Disabilities Code. Administration of | 8 | | psychotropic medications to an objecting resident, only | 9 | | with a court order authorizing such administration. | 10 | | (i) The Department shall establish a certification fee | 11 | | schedule by rule, in consultation with advocates, nursing | 12 | | homes, and representatives of associations representing long | 13 | | term care facilities. | 14 | | (j) The Director or her or his designee shall seek input | 15 | | from the Long Term Care Facility Advisory Board before filing | 16 | | rules to implement this Section. | 17 | | Rules proposed no later than January 1, 2011 under this | 18 | | Section shall take effect 180 days after being approved by the | 19 | | Joint Committee on Administrative Rules.
| 20 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 21 | | (210 ILCS 45/3-202.6 new) | 22 | | Sec. 3-202.6. Liability insurance coverage required. No | 23 | | person may establish, operate, maintain, offer, or advertise a | 24 | | facility within this State without providing to the Department | 25 | | of Public Health proof of liability insurance coverage in an |
| | | 09700SB2554sam001 | - 47 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | amount not less than $1,000,000 per occurrence. This | 2 | | requirement may not be waived. Failure to maintain such | 3 | | liability insurance coverage during the term of a facility's | 4 | | license shall be a separate Type "B" violation for each | 5 | | resident of the facility for each month, or part of a month, in | 6 | | which the facility did not have the minimum required liability | 7 | | insurance.
| 8 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| 9 | | Sec. 3-206.
The Department shall prescribe a curriculum for | 10 | | training
nursing assistants, habilitation aides, and child | 11 | | care aides.
| 12 | | (a) No person, except a volunteer who receives no | 13 | | compensation from a
facility and is not included for the | 14 | | purpose of meeting any staffing
requirements set forth by the | 15 | | Department, shall act as a nursing assistant,
habilitation | 16 | | aide, or child care aide in a facility, nor shall any person, | 17 | | under any
other title, not licensed, certified, or registered | 18 | | to render medical care
by the Department of Professional | 19 | | Regulation, assist with the
personal, medical, or nursing care | 20 | | of residents in a facility, unless such
person meets the | 21 | | following requirements:
| 22 | | (1) Be at least 16 years of age, of temperate habits | 23 | | and good moral
character, honest, reliable and | 24 | | trustworthy.
| 25 | | (2) Be able to speak and understand the English |
| | | 09700SB2554sam001 | - 48 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | language or a language
understood by a substantial | 2 | | percentage of the facility's residents.
| 3 | | (3) Provide evidence of employment or occupation, if | 4 | | any, and residence
for 2 years prior to his present | 5 | | employment.
| 6 | | (4) Have completed at least 10 8 years of grade school | 7 | | or provide proof of
equivalent knowledge.
| 8 | | (5) Begin a current course of training for nursing | 9 | | assistants,
habilitation aides, or child care aides, | 10 | | approved by the Department, within 45 days of initial
| 11 | | employment in the capacity of a nursing assistant, | 12 | | habilitation aide, or
child care aide
at any facility. Such | 13 | | courses of training shall be successfully completed
within | 14 | | 120 days of initial employment in the capacity of nursing | 15 | | assistant,
habilitation aide, or child care aide at a | 16 | | facility. Nursing assistants, habilitation
aides, and | 17 | | child care aides who are enrolled in approved courses in | 18 | | community
colleges or other educational institutions on a | 19 | | term, semester or trimester
basis, shall be exempt from the | 20 | | 120 day completion time limit. The
Department shall adopt | 21 | | rules for such courses of training.
These rules shall | 22 | | include procedures for facilities to
carry on an approved | 23 | | course of training within the facility.
| 24 | | The Department may accept comparable training in lieu | 25 | | of the 120 hour
course for student nurses, foreign nurses, | 26 | | military personnel, or employes of
the Department of Human |
| | | 09700SB2554sam001 | - 49 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Services.
| 2 | | The facility shall develop and implement procedures | 3 | | and at least 6 hours of quarterly in-service training , | 4 | | which shall be
approved by the Department, for an ongoing | 5 | | review process, which shall take
place within the facility, | 6 | | for nursing assistants, habilitation aides, and
child care | 7 | | aides. The facility shall retain records of all staff | 8 | | in-service training and shall provide such records to the | 9 | | Department upon request. At least half of each quarter of | 10 | | in-service training shall be one-on-one direct resident | 11 | | care demonstration and practice of patient care | 12 | | techniques.
| 13 | | At the time of each regularly scheduled licensure | 14 | | survey, or at the time
of a complaint investigation, the | 15 | | Department may require any nursing
assistant, habilitation | 16 | | aide, or child care aide to demonstrate, either through | 17 | | written
examination or action, or both, sufficient | 18 | | knowledge in all areas of
required training. If such | 19 | | knowledge is inadequate the Department shall
require the | 20 | | nursing assistant, habilitation aide, or child care aide to | 21 | | complete inservice
training and review in the facility | 22 | | until the nursing assistant, habilitation
aide, or child | 23 | | care aide demonstrates to the Department, either through | 24 | | written
examination or action, or both, sufficient | 25 | | knowledge in all areas of
required training.
| 26 | | (6) Be familiar with and have general skills related to |
| | | 09700SB2554sam001 | - 50 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | resident care.
| 2 | | (a-0.5) An educational entity, other than a secondary | 3 | | school, conducting a
nursing assistant, habilitation aide, or | 4 | | child care aide
training program
shall initiate a criminal | 5 | | history record check in accordance with the Health Care Worker | 6 | | Background Check Act prior to entry of an
individual into the | 7 | | training program.
A secondary school may initiate a criminal | 8 | | history record check in accordance with the Health Care Worker | 9 | | Background Check Act at any time during or after a training | 10 | | program.
| 11 | | (a-1) Nursing assistants, habilitation aides, or child | 12 | | care aides seeking to be included on the registry maintained | 13 | | under Section 3-206.01 on or
after January 1, 1996 must | 14 | | authorize the Department of Public Health or its
designee
to | 15 | | request a criminal history record check in accordance with the | 16 | | Health Care Worker Background Check Act and submit all | 17 | | necessary
information. An individual may not newly be included | 18 | | on the registry unless a criminal history record check has been | 19 | | conducted with respect to the individual.
| 20 | | (b) Persons subject to this Section shall perform their | 21 | | duties under the
supervision of a licensed nurse.
| 22 | | (c) It is unlawful for any facility to employ any person in | 23 | | the capacity
of nursing assistant, habilitation aide, or child | 24 | | care aide, or under any other title, not
licensed by the State | 25 | | of Illinois to assist in the personal, medical, or
nursing care | 26 | | of residents in such facility unless such person has complied
|
| | | 09700SB2554sam001 | - 51 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | with this Section.
| 2 | | (d) Proof of compliance by each employee with the | 3 | | requirements set out
in this Section shall be maintained for | 4 | | each such employee by each facility
in the individual personnel | 5 | | folder of the employee. Proof of training shall be obtained | 6 | | only from the health care worker registry.
| 7 | | (e) Each facility shall obtain access to the health care | 8 | | worker registry's web application, maintain the employment and | 9 | | demographic information relating to each employee, and verify | 10 | | by the category and type of employment that
each employee | 11 | | subject to this Section meets all the requirements of this
| 12 | | Section.
| 13 | | (f) Any facility that is operated under Section 3-803 shall | 14 | | be
exempt
from the requirements of this Section.
| 15 | | (g) Each skilled nursing and intermediate care facility | 16 | | that
admits
persons who are diagnosed as having Alzheimer's | 17 | | disease or related
dementias shall require all nursing | 18 | | assistants, habilitation aides, or child
care aides, who did | 19 | | not receive 12 hours of training in the care and
treatment of | 20 | | such residents during the training required under paragraph
(5) | 21 | | of subsection (a), to obtain 12 hours of in-house training in | 22 | | the care
and treatment of such residents. If the facility does | 23 | | not provide the
training in-house, the training shall be | 24 | | obtained from other facilities,
community colleges or other | 25 | | educational institutions that have a
recognized course for such | 26 | | training. The Department shall, by rule,
establish a recognized |
| | | 09700SB2554sam001 | - 52 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | course for such training. The Department's rules shall provide | 2 | | that such
training may be conducted in-house at each facility | 3 | | subject to the
requirements of this subsection, in which case | 4 | | such training shall be
monitored by the Department.
| 5 | | The Department's rules shall also provide for | 6 | | circumstances and procedures
whereby any person who has | 7 | | received training that meets
the
requirements of this | 8 | | subsection shall not be required to undergo additional
training | 9 | | if he or she is transferred to or obtains employment at a
| 10 | | different facility or a facility other than a long-term care | 11 | | facility but remains continuously employed for pay as a nursing | 12 | | assistant,
habilitation aide, or child care aide. Individuals
| 13 | | who have performed no nursing or nursing-related services
for a | 14 | | period of 24 consecutive months shall be listed as "inactive"
| 15 | | and as such do not meet the requirements of this Section. | 16 | | Licensed sheltered care facilities
shall be
exempt from the | 17 | | requirements of this Section.
| 18 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 19 | | (210 ILCS 45/3-206.06 new) | 20 | | Sec. 3-206.06. Dementia-specific orientation. | 21 | | (a) A facility that admits or retains persons with | 22 | | Alzheimer's disease or other dementias shall give all staff who | 23 | | have any direct contact with these residents at least 4 hours | 24 | | of dementia-specific orientation within their first 7 days of | 25 | | employment. Nurses, nursing assistants, and social service and |
| | | 09700SB2554sam001 | - 53 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | activities staff who work with these residents shall, within | 2 | | their first 45 days of employment, receive a minimum of 12 | 3 | | additional hours of orientation specifically related to the | 4 | | care of persons with Alzheimer's disease and other dementias. | 5 | | All staff who have any direct contact with these residents | 6 | | shall have at least 12 hours of dementia-specific education and | 7 | | training annually thereafter. | 8 | | (b) The Department shall specify the content of the | 9 | | orientation and the annual education and training.
| 10 | | (210 ILCS 45/3-207) (from Ch. 111 1/2, par. 4153-207)
| 11 | | Sec. 3-207.
(a) As a condition of the issuance or renewal | 12 | | of the license of
any facility, the applicant shall file a | 13 | | statement of ownership. The applicant
shall update the | 14 | | information required in the statement of ownership
within 10 | 15 | | days of any change.
| 16 | | (b) The statement of ownership shall include the following:
| 17 | | (1) The name, address, telephone number, occupation or | 18 | | business activity,
business address and business telephone | 19 | | number of the person who is the
owner of the facility and every | 20 | | person who owns the building in which the
facility is located, | 21 | | if other than the owner of the facility, which is the
subject | 22 | | of the application or license; and if the owner is a | 23 | | partnership or
corporation, the name of every partner and | 24 | | stockholder of the owner;
| 25 | | (2) The name and address of any facility, wherever located, |
| | | 09700SB2554sam001 | - 54 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | any
financial interest in which is owned by the applicant, if | 2 | | the facility were
required to be licensed if it were located in | 3 | | this State;
| 4 | | (3) Other information necessary to determine the identity | 5 | | and
qualifications of an applicant or licensee to operate a | 6 | | facility in
accordance with this Act as required by the | 7 | | Department in regulations.
| 8 | | (c) The information in the statement of ownership shall be | 9 | | public
information and shall be available from the Department.
| 10 | | (d) A facility which is owned by a chain organization as | 11 | | defined by the Centers for Medicare and Medicaid Services shall | 12 | | submit annually to the Department an electronic copy of the | 13 | | Home Office Cost Statement required to be submitted by the home | 14 | | office of the chain to the United States Department of Health | 15 | | and Human Services. The facility shall send the cost statement | 16 | | in electronic form to the Department forthwith after it submits | 17 | | the statement to the Department of Health and Human Services. | 18 | | Each week that a facility fails to comply with the requirements | 19 | | of this subsection shall be cited as a separate administrative | 20 | | warning. | 21 | | (Source: P.A. 85-1183.)
| 22 | | (210 ILCS 45/3-304.1) | 23 | | Sec. 3-304.1. Public computer access to information. | 24 | | (a) The Department must make information regarding nursing | 25 | | homes in the
State
available to the public in electronic form |
| | | 09700SB2554sam001 | - 55 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | on the World Wide Web, including all
of the
following | 2 | | information: | 3 | | (1) who regulates nursing homes; | 4 | | (2) information in the possession of the Department | 5 | | that is listed in
Sections 3-210 and 3-304; | 6 | | (3) deficiencies and plans of correction; | 7 | | (4) enforcement remedies; | 8 | | (5) penalty letters; | 9 | | (6) designation of penalty monies; | 10 | | (7) the U.S. Department of Health and Human Services' | 11 | | Health Care
Financing Administration special projects or | 12 | | federally required inspections; | 13 | | (8) advisory standards; | 14 | | (9) deficiency-free surveys; | 15 | | (10) enforcement actions and enforcement summaries; | 16 | | and | 17 | | (11) distressed facilities ; . | 18 | | (12) a link to the most recent facility cost report | 19 | | filed with the Department of Healthcare and Family | 20 | | Services; | 21 | | (13) a link to the most recent Consumer Choice | 22 | | Information Report filed with the Department on Aging; | 23 | | (14) whether the facility is part of a chain; the | 24 | | facility shall be deemed part of a chain if it meets | 25 | | criteria established by the United States Department of | 26 | | Health and Human Services that identify it as owned by a |
| | | 09700SB2554sam001 | - 56 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | chain organization; and | 2 | | (15) a copy of the latest Home Office Cost Statement, | 3 | | if any, filed by the home office of the owner of the | 4 | | facility with the United States Department of Health and | 5 | | Human Services. | 6 | | (b) No fee or other charge may be imposed by the Department | 7 | | as a condition
of accessing the information. | 8 | | (c) The electronic public access provided through the World | 9 | | Wide Web shall
be
in addition to any other electronic or print | 10 | | distribution of the information. | 11 | | (d) The information shall be made available as provided in | 12 | | this Section in
the
shortest practicable time after it is | 13 | | publicly available in any other form. | 14 | | (e) The Department shall cooperate with a tax-exempt, | 15 | | not-for-profit organization dedicated solely to advocacy for | 16 | | long-term care residents to make available in electronic form | 17 | | the results of all surveys, including any enforcement actions, | 18 | | and current information about individual nursing home | 19 | | staffing, in the shortest practicable time after they become | 20 | | publicly available. The data shall be provided without charge, | 21 | | so long as the organization charges no fee for sharing the | 22 | | information with the general public. If the organization makes | 23 | | the data available on a website, the Department shall create a | 24 | | link to the website on the Department's website. | 25 | | (Source: P.A. 96-1372, eff. 7-29-10.) |
| | | 09700SB2554sam001 | - 57 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (210 ILCS 45/3-808.5) | 2 | | Sec. 3-808.5. Nursing home fraud, abuse, and neglect | 3 | | prevention and reporting. | 4 | | (a) Every licensed long term care facility that receives | 5 | | Medicaid funding shall prominently display in its lobby, in its | 6 | | dining areas, and on each floor of the facility information | 7 | | approved by the Illinois Medicaid Fraud Control Unit on how to | 8 | | report fraud, abuse, and neglect. In addition, information | 9 | | regarding the reporting of fraud, abuse, and neglect shall be | 10 | | provided to each resident at the time of admission and to the | 11 | | resident's family members or emergency contacts, or to both the | 12 | | resident's family members and his or her emergency contacts. | 13 | | (b) Any owner or licensee of a long term care facility | 14 | | licensed under this Act shall be responsible for the collection | 15 | | and maintenance of any and all records required to be | 16 | | maintained under this Section and any other applicable | 17 | | provisions of this Act, and as a provider under the Illinois | 18 | | Public Aid Code, and shall be responsible for compliance with | 19 | | all of the disclosure requirements under this Section. All | 20 | | books and records and other papers and documents that are | 21 | | required to be kept, and all records showing compliance with | 22 | | all of the disclosure requirements to be made pursuant to this | 23 | | Section, shall be kept at the facility and shall, at all times | 24 | | during business hours, be subject to inspection by any law | 25 | | enforcement or health oversight agency or its duly authorized | 26 | | agents or employees. |
| | | 09700SB2554sam001 | - 58 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (c) Any report of abuse and neglect of residents made by | 2 | | any individual in whatever manner, including, but not limited | 3 | | to, reports made under Sections 2-107 and 3-610 of this Act, or | 4 | | as provided under the Abused and Neglected Long Term Care | 5 | | Facility Residents Reporting Act, that is made to an | 6 | | administrator, a director of nursing, or any other person with | 7 | | management responsibility at a long term care facility must be | 8 | | disclosed to the owners and licensee of the facility within 24 | 9 | | hours of the report. The owners and licensee of a long term | 10 | | care facility shall maintain all records necessary to show | 11 | | compliance with this disclosure requirement. | 12 | | (d) Any person with an ownership interest in a long term | 13 | | care facility licensed by the Department must, within 30 days | 14 | | of the effective date of this amendatory Act of the 96th | 15 | | General Assembly, disclose the existence of any ownership | 16 | | interest in any vendor who does business with the facility. The | 17 | | disclosures required by this subsection shall be made in the | 18 | | form and manner prescribed by the Department. Licensed long | 19 | | term care facilities who receive Medicaid funding shall submit | 20 | | a copy of the disclosures required by this subsection to the | 21 | | Illinois Medicaid Fraud Control Unit. The owners and licensee | 22 | | of a long term care facility shall maintain all records | 23 | | necessary to show compliance with this disclosure requirement. | 24 | | (e) Notwithstanding the provisions of Section 3-318 of this | 25 | | Act, and in addition thereto, any person, owner, or licensee | 26 | | who willfully fails to keep and maintain, or willfully fails to |
| | | 09700SB2554sam001 | - 59 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | produce for inspection, books and records, or willfully fails | 2 | | to make the disclosures required by this Section, is guilty of | 3 | | a Class A misdemeanor. A second or subsequent violation of this | 4 | | Section shall be punishable as a Class 4 felony. | 5 | | (f) Any owner or licensee who willfully files or willfully | 6 | | causes to be filed a document with false information with the | 7 | | Department, the Department of Healthcare and Family Services, | 8 | | or the Illinois Medicaid Fraud Control Unit or any other law | 9 | | enforcement agency, is guilty of a Class A misdemeanor.
| 10 | | (g) At the request of the Department of State Police, a | 11 | | facility shall cooperate with that agency in arranging for the | 12 | | Department of State Police to train facility staff on | 13 | | preventing resident abuse and neglect. | 14 | | (Source: P.A. 96-1373, eff. 7-29-10.) | 15 | | Section 20. The ID/DD Community Care Act is amended by | 16 | | changing Section 3-206 and by adding Section 3-206.06 as | 17 | | follows: | 18 | | (210 ILCS 47/3-206)
| 19 | | Sec. 3-206. Curriculum for training nursing assistants and | 20 | | aides. The Department shall prescribe a curriculum for training | 21 | | nursing assistants, habilitation aides, and child care aides. | 22 | | (a) No person, except a volunteer who receives no | 23 | | compensation from a facility and is not included for the | 24 | | purpose of meeting any staffing requirements set forth by the |
| | | 09700SB2554sam001 | - 60 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Department, shall act as a nursing assistant, habilitation | 2 | | aide, or child care aide in a facility, nor shall any person, | 3 | | under any other title, not licensed, certified, or registered | 4 | | to render medical care by the Department of Financial and | 5 | | Professional Regulation, assist with the personal, medical, or | 6 | | nursing care of residents in a facility, unless such person | 7 | | meets the following requirements: | 8 | | (1) Be at least 18 16 years of age, of temperate habits
| 9 | | and good moral character, honest, reliable and | 10 | | trustworthy. | 11 | | (2) Be able to speak and understand the English
| 12 | | language or a language understood by a substantial | 13 | | percentage of the facility's residents. | 14 | | (3) Provide evidence of employment or occupation, if
| 15 | | any, and residence for 2 years prior to his or her present | 16 | | employment. | 17 | | (4) Have completed at least 10 8 years of grade school
| 18 | | or provide proof of equivalent knowledge. | 19 | | (5) Begin a current course of training for nursing
| 20 | | assistants, habilitation aides, or child care aides, | 21 | | approved by the Department, within 45 days of initial | 22 | | employment in the capacity of a nursing assistant, | 23 | | habilitation aide, or child care aide at any facility. Such | 24 | | courses of training shall be successfully completed within | 25 | | 120 days of initial employment in the capacity of nursing | 26 | | assistant, habilitation aide, or child care aide at a |
| | | 09700SB2554sam001 | - 61 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | facility. Nursing assistants, habilitation aides, and | 2 | | child care aides who are enrolled in approved courses in | 3 | | community colleges or other educational institutions on a | 4 | | term, semester or trimester basis, shall be exempt from the | 5 | | 120-day completion time limit. The Department shall adopt | 6 | | rules for such courses of training. These rules shall | 7 | | include procedures for facilities to carry on an approved | 8 | | course of training within the facility. | 9 | | The Department may accept comparable training in
lieu | 10 | | of the 120-hour course for student nurses, foreign nurses, | 11 | | military personnel, or employees of the Department of Human | 12 | | Services. | 13 | | The facility shall develop and implement procedures | 14 | | and at least 6 hours of quarterly in-service training ,
| 15 | | which shall be approved by the Department, for an ongoing | 16 | | review process, which shall take place within the facility, | 17 | | for nursing assistants, habilitation aides, and child care | 18 | | aides. The facility shall retain records of all staff | 19 | | in-service training and shall provide such records to the | 20 | | Department upon request. At least half of each quarter of | 21 | | in-service training shall be one-on-one direct resident | 22 | | care demonstration and practice of patient care | 23 | | techniques. | 24 | | At the time of each regularly scheduled licensure
| 25 | | survey, or at the time of a complaint investigation, the | 26 | | Department may require any nursing assistant, habilitation |
| | | 09700SB2554sam001 | - 62 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | aide, or child care aide to demonstrate, either through | 2 | | written examination or action, or both, sufficient | 3 | | knowledge in all areas of required training. If such | 4 | | knowledge is inadequate the Department shall require the | 5 | | nursing assistant, habilitation aide, or child care aide to | 6 | | complete inservice training and review in the facility | 7 | | until the nursing assistant, habilitation aide, or child | 8 | | care aide demonstrates to the Department, either through | 9 | | written examination or action, or both, sufficient | 10 | | knowledge in all areas of required training; and | 11 | | (6) Be familiar with and have general skills related
to | 12 | | resident care. | 13 | | (a-0.5) An educational entity, other than a secondary | 14 | | school, conducting a nursing assistant, habilitation aide, or | 15 | | child care aide training program shall initiate a criminal | 16 | | history record check in accordance with the Health Care Worker | 17 | | Background Check Act prior to entry of an individual into the | 18 | | training program. A secondary school may initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act at any time during or after a training | 21 | | program. | 22 | | (a-1) Nursing assistants, habilitation aides, or child | 23 | | care aides seeking to be included on the registry maintained | 24 | | under Section 3-206.01 of this Act must authorize the | 25 | | Department of Public Health or its designee to request a | 26 | | criminal history record check in accordance with the Health |
| | | 09700SB2554sam001 | - 63 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | Care Worker Background Check Act and submit all necessary | 2 | | information. An individual may not newly be included on the | 3 | | registry unless a criminal history record check has been | 4 | | conducted with respect to the individual. | 5 | | (b) Persons subject to this Section shall perform their | 6 | | duties under the supervision of a licensed nurse or other | 7 | | appropriately trained, licensed, or certified personnel. | 8 | | (c) It is unlawful for any facility to employ any person in | 9 | | the capacity of nursing assistant, habilitation aide, or child | 10 | | care aide, or under any other title, not licensed by the State | 11 | | of Illinois to assist in the personal, medical, or nursing care | 12 | | of residents in such facility unless such person has complied | 13 | | with this Section. | 14 | | (d) Proof of compliance by each employee with the | 15 | | requirements set out in this Section shall be maintained for | 16 | | each such employee by each facility in the individual personnel | 17 | | folder of the employee. Proof of training shall be obtained | 18 | | only from the health care worker registry. | 19 | | (e) Each facility shall obtain access to the health care | 20 | | worker registry's web application, maintain the employment and | 21 | | demographic information relating to each employee, and verify | 22 | | by the category and type of employment that each employee | 23 | | subject to this Section meets all the requirements of this | 24 | | Section. | 25 | | (f) Any facility that is operated under Section 3-803 shall | 26 | | be exempt from the requirements of this Section. |
| | | 09700SB2554sam001 | - 64 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (g) Each skilled nursing and intermediate care facility | 2 | | that admits persons who are diagnosed as having Alzheimer's | 3 | | disease or related dementias shall require all nursing | 4 | | assistants, habilitation aides, or child care aides, who did | 5 | | not receive 12 hours of training in the care and treatment of | 6 | | such residents during the training required under paragraph (5) | 7 | | of subsection (a), to obtain 12 hours of in house training in | 8 | | the care and treatment of such residents. If the facility does | 9 | | not provide the training in house, the training shall be | 10 | | obtained from other facilities, community colleges or other | 11 | | educational institutions that have a recognized course for such | 12 | | training. The Department shall, by rule, establish a recognized | 13 | | course for such training. | 14 | | The Department's rules shall provide that such training may | 15 | | be conducted in house at each facility subject to the | 16 | | requirements of this subsection, in which case such training | 17 | | shall be monitored by the Department.
The Department's rules | 18 | | shall also provide for circumstances and procedures whereby any | 19 | | person who has received training that meets the requirements of | 20 | | this subsection shall not be required to undergo additional | 21 | | training if he or she is transferred to or obtains employment | 22 | | at a different facility or a facility other than those licensed | 23 | | under this Act but remains continuously employed as a nursing | 24 | | assistant, habilitation aide, or child care aide. Individuals | 25 | | who have performed no nursing, nursing-related services, or | 26 | | habilitation services for a period of 24 consecutive months |
| | | 09700SB2554sam001 | - 65 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | shall be listed as inactive and as such do not meet the | 2 | | requirements of this Section. Licensed sheltered care | 3 | | facilities shall be exempt from the requirements of this | 4 | | Section.
| 5 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) | 6 | | (210 ILCS 47/3-206.06 new) | 7 | | Sec. 3-206.06. Dementia-specific orientation. | 8 | | (a) A facility that admits or retains persons with | 9 | | Alzheimer's disease or other dementias shall give all staff who | 10 | | have any direct contact with these residents at least 4 hours | 11 | | of dementia-specific orientation within their first 7 days of | 12 | | employment. Nurses, nursing assistants, and social service and | 13 | | activities staff who work with these residents shall, within | 14 | | their first 45 days of employment, receive a minimum of 12 | 15 | | additional hours of orientation specifically related to the | 16 | | care of persons with Alzheimer's disease and other dementias. | 17 | | All staff who have any direct contact with these residents | 18 | | shall have at least 12 hours of dementia-specific education and | 19 | | training annually thereafter. | 20 | | (b) The Department shall specify the content of the | 21 | | orientation and the annual education and training. | 22 | | Section 25. The Specialized Mental Health Rehabilitation | 23 | | Act is amended by changing Sections 2-208, 3-109, 3-117, 3-119, | 24 | | 3-202, 3-202.2b, 3-206, 3-207, 3-304.1, and 3-808.5 and by |
| | | 09700SB2554sam001 | - 66 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | adding Sections 1-114.2, 2-218, 3-202.6, and 3-206.06, as | 2 | | follows: | 3 | | (210 ILCS 48/1-114.2 new) | 4 | | Sec. 1-114.2. Liability insurance. "Liability insurance" | 5 | | means insurance on risks based upon neglect of a resident for | 6 | | which a licensee is or may be responsible. | 7 | | (210 ILCS 48/2-208)
| 8 | | Sec. 2-208. Notice of imminent death , unusual incident, | 9 | | abuse, or neglect . | 10 | | (a) A facility shall immediately notify the resident's next | 11 | | of kin, representative and physician of the resident's death or | 12 | | when the resident's death appears to be imminent. A facility | 13 | | shall notify the Department by telephone of a resident's death | 14 | | within
24 hours after the resident's death. The facility shall | 15 | | notify
the Department of the death of a facility resident that | 16 | | does
not occur in the facility immediately upon learning of the
| 17 | | death. A facility shall promptly notify the coroner or medical
| 18 | | examiner of a resident's death in a manner and form to be
| 19 | | determined by the Department after consultation with the
| 20 | | coroner or medical examiner of the county in which the facility
| 21 | | is located. In addition to notice to the Department by
| 22 | | telephone, the Department shall require the facility to submit
| 23 | | written notification of the death of a resident within 72 hours
| 24 | | after the death, including a report of any medication errors or
|
| | | 09700SB2554sam001 | - 67 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | other incidents that occurred, within 30 days after the | 2 | | resident's
death. A facility's failure to comply with this | 3 | | subsection shall
constitute a Type "B" violation. | 4 | | (b) A facility shall immediately notify a resident's next
| 5 | | of kin, guardian, or representative of any unusual
incident, | 6 | | abuse, or neglect involving the resident. A facility
shall | 7 | | immediately notify the Department by telephone of any
unusual | 8 | | incident, abuse, or neglect required to be reported
pursuant to | 9 | | State law or administrative rule. In addition to
notice to the | 10 | | Department by telephone, the Department shall
require the | 11 | | facility to submit written notification of any
unusual | 12 | | incident, abuse, or neglect within one day after the
unusual | 13 | | incident, abuse, or neglect occurs. A facility's
failure to | 14 | | comply with this subsection shall constitute a Type "B"
| 15 | | violation. For purposes of this subsection, "unusual incident"
| 16 | | means any of the following: a serious injury; an unscheduled | 17 | | hospital visit for treatment
of serious injury; a 9-1-1 call | 18 | | for emergency services directly
relating to a resident threat; | 19 | | or stalking of staff, a resident,
or any other person.
| 20 | | (Source: P.A. 97-38, eff. 6-28-11.) | 21 | | (210 ILCS 48/2-218 new) | 22 | | Sec. 2-218. Notification of violations or deficiencies. | 23 | | When the
Department issues any notice pursuant to Section | 24 | | 3-119,
3-301, 3-303, 3-307, or 3-702 of this Act, or when the | 25 | | Centers for Medicare and Medicaid Services (CMS) issues a |
| | | 09700SB2554sam001 | - 68 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | notice
of federal Medicaid certification deficiencies, the | 2 | | facility
receiving the notice shall provide notification of the | 3 | | violations or deficiencies,
within 10 days after receiving the | 4 | | notice, to (i) every resident identified or referred to | 5 | | anywhere within the
Department's notice of violations or the | 6 | | CMS Form 2567 (Statement of Deficiencies and Plan of | 7 | | Correction) as having received care or
services that violated | 8 | | State or federal standards and (ii) the guardian or resident's | 9 | | representative of every such resident. The
notification | 10 | | provided by the facility shall include a Department-prescribed
| 11 | | notification letter as determined by rule and a copy of the | 12 | | Department's notice of violations and CMS Form 2567, if any. A
| 13 | | facility's failure to provide notification pursuant to this
| 14 | | Section to a resident and the resident's representative or
| 15 | | guardian, if any, shall constitute a Type "B" violation. | 16 | | (210 ILCS 48/3-109)
| 17 | | Sec. 3-109. Issuance of license based on Director's | 18 | | findings. Upon receipt and review of an application for a | 19 | | license made under this Article and inspection of the applicant | 20 | | facility under this Article, the Director shall issue a license | 21 | | if he or she finds: | 22 | | (1) That the individual applicant, or the corporation, | 23 | | partnership or other entity if the applicant is not an | 24 | | individual, is a person responsible and suitable to operate | 25 | | or to direct or participate in the operation of a facility |
| | | 09700SB2554sam001 | - 69 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | by virtue of financial capacity, appropriate business or | 2 | | professional experience, a record of compliance with | 3 | | lawful orders of the Department and lack of revocation of a | 4 | | license during the previous 5 years; | 5 | | (2) That the facility is under the supervision of an | 6 | | administrator who is licensed, if required, under the | 7 | | Nursing Home Administrators Licensing and Disciplinary | 8 | | Act, as now or hereafter amended; and | 9 | | (3) that the facility is covered by liability insurance | 10 | | as required by this Act; and | 11 | | (4) (3) That the facility is in substantial compliance | 12 | | with this Act, and such other requirements for a license as | 13 | | the Department by rule may establish under this Act.
| 14 | | (Source: P.A. 97-38, eff. 6-28-11.) | 15 | | (210 ILCS 48/3-117)
| 16 | | Sec. 3-117. Denial of license; grounds. An application for | 17 | | a license may be denied for any of the following reasons: | 18 | | (1) Failure to meet any of the minimum standards set | 19 | | forth by this Act or by rules and regulations promulgated | 20 | | by the Department under this Act. | 21 | | (2) Conviction of the applicant, or if the applicant is | 22 | | a firm, partnership or association, of any of its members, | 23 | | or if a corporation, the conviction of the corporation or | 24 | | any of its officers or stockholders, or of the person | 25 | | designated to manage or supervise the facility, of a |
| | | 09700SB2554sam001 | - 70 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | felony, or of 2 or more misdemeanors involving moral | 2 | | turpitude, during the previous 5 years as shown by a | 3 | | certified copy of the record of the court of conviction. | 4 | | (3) Personnel insufficient in number or unqualified by | 5 | | training or experience to properly care for the proposed | 6 | | number and type of residents. | 7 | | (4) Insufficient financial or other resources to | 8 | | operate and conduct the facility in accordance with | 9 | | standards promulgated by the Department under this Act , | 10 | | including failure to have or maintain liability insurance | 11 | | as required by this Act, and in accordance with contractual | 12 | | obligations assumed by a recipient of a grant under the | 13 | | Equity in Long-term Care Quality Act and the plan (if | 14 | | applicable) submitted by a grantee for continuing and | 15 | | increasing adherence to best practices in providing | 16 | | high-quality nursing home care. | 17 | | (5) Revocation of a facility license during the | 18 | | previous 5 years, if such prior license was issued to the | 19 | | individual applicant, a controlling owner or controlling | 20 | | combination of owners of the applicant; or any affiliate of | 21 | | the individual applicant or controlling owner of the | 22 | | applicant and such individual applicant, controlling owner | 23 | | of the applicant or affiliate of the applicant was a | 24 | | controlling owner of the prior license; provided, however, | 25 | | that the denial of an application for a license pursuant to | 26 | | this subsection must be supported by evidence that such |
| | | 09700SB2554sam001 | - 71 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | prior revocation renders the applicant unqualified or | 2 | | incapable of meeting or maintaining a facility in | 3 | | accordance with the standards and rules promulgated by the | 4 | | Department under this Act. | 5 | | (6) That the facility is not under the direct | 6 | | supervision of a full-time administrator, as defined by | 7 | | regulation, who is licensed, if required, under the Nursing | 8 | | Home Administrators Licensing and Disciplinary Act. | 9 | | (7) That the facility is in receivership and the | 10 | | proposed licensee has not submitted a specific detailed | 11 | | plan to bring the facility into compliance with the | 12 | | requirements of this Act and with federal certification | 13 | | requirements, if the facility is certified, and to keep the | 14 | | facility in such compliance.
| 15 | | (Source: P.A. 97-38, eff. 6-28-11.) | 16 | | (210 ILCS 48/3-119)
| 17 | | Sec. 3-119. Suspension, revocation, or refusal to renew | 18 | | license. | 19 | | (a) The Department, after notice to the applicant or | 20 | | licensee, may suspend, revoke, or refuse to renew a license in | 21 | | any case in which the Department finds any of the following: | 22 | | (1) There has been a substantial failure to comply with | 23 | | this Act or the rules and regulations promulgated by the | 24 | | Department under this Act. A substantial failure by a | 25 | | facility shall include, but not be limited to, any of the |
| | | 09700SB2554sam001 | - 72 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | following: | 2 | | (A) termination of Medicare or Medicaid | 3 | | certification by the Centers for Medicare and Medicaid | 4 | | Services; or | 5 | | (B) a failure by the facility to pay any fine | 6 | | assessed under this Act after the Department has sent | 7 | | to the facility at least 2 notices of assessment that | 8 | | include a schedule of payments as determined by the | 9 | | Department, taking into account extenuating | 10 | | circumstances and financial hardships of the facility. | 11 | | (2) Conviction of the licensee, or of the person | 12 | | designated to manage or supervise the facility, of a | 13 | | felony, or of 2 or more misdemeanors involving moral | 14 | | turpitude, during the previous 5 years as shown by a | 15 | | certified copy of the record of the court of conviction. | 16 | | (3) Personnel are insufficient in number or | 17 | | unqualified by training or experience to properly care for | 18 | | the number and type of residents served by the facility. | 19 | | (4) Financial or other resources are insufficient to | 20 | | conduct and operate the facility in accordance with | 21 | | standards promulgated by the Department under this Act , | 22 | | including that the facility failed to maintain liability | 23 | | insurance coverage as required by this Act at some time | 24 | | during the term of its license . | 25 | | (5) The facility is not under the direct supervision of | 26 | | a full-time administrator, as defined by regulation, who is |
| | | 09700SB2554sam001 | - 73 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | licensed, if required, under the Nursing Home | 2 | | Administrators Licensing and Disciplinary Act. | 3 | | (6) The facility has committed 2 Type "AA" violations | 4 | | within a 2-year period. | 5 | | (b) Notice under this Section shall include a clear and | 6 | | concise statement of the violations on which the nonrenewal or | 7 | | revocation is based, the statute or rule violated and notice of | 8 | | the opportunity for a hearing under Section 3-703. | 9 | | (c) If a facility desires to contest the nonrenewal or | 10 | | revocation of a license, the facility shall, within 10 days | 11 | | after receipt of notice under subsection (b) of this Section, | 12 | | notify the Department in writing of its request for a hearing | 13 | | under Section 3-703. Upon receipt of the request, the | 14 | | Department shall send notice to the facility and hold a hearing | 15 | | as provided under Section 3-703. | 16 | | (d) The effective date of nonrenewal or revocation of a | 17 | | license by the Department shall be any of the following: | 18 | | (1) Until otherwise ordered by the circuit court, | 19 | | revocation is effective on the date set by the Department | 20 | | in the notice of revocation, or upon final action after | 21 | | hearing under Section 3-703, whichever is later. | 22 | | (2) Until otherwise ordered by the circuit court, | 23 | | nonrenewal is effective on the date of expiration of any | 24 | | existing license, or upon final action after hearing under | 25 | | Section 3-703, whichever is later; however, a license shall | 26 | | not be deemed to have expired if the Department fails to |
| | | 09700SB2554sam001 | - 74 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | timely respond to a timely request for renewal under this | 2 | | Act or for a hearing to contest nonrenewal under paragraph | 3 | | (c). | 4 | | (3) The Department may extend the effective date of | 5 | | license revocation or expiration in any case in order to | 6 | | permit orderly removal and relocation of residents.
| 7 | | The Department may refuse to issue or may suspend the | 8 | | license of any person who fails to file a return, or to pay the | 9 | | tax, penalty or interest shown in a filed return, or to pay any | 10 | | final assessment of tax, penalty or interest, as required by | 11 | | any tax Act administered by the Illinois Department of Revenue, | 12 | | until such time as the requirements of any such tax Act are | 13 | | satisfied.
| 14 | | (Source: P.A. 97-38, eff. 6-28-11.) | 15 | | (210 ILCS 48/3-202)
| 16 | | Sec. 3-202. Standards for facilities. The Department shall | 17 | | prescribe minimum standards for facilities. These standards | 18 | | shall regulate: | 19 | | (1) Location and construction of the facility, | 20 | | including plumbing, heating, lighting, ventilation, and | 21 | | other physical conditions which shall ensure the health, | 22 | | safety, and comfort of residents and their protection from | 23 | | fire hazard; | 24 | | (2) Number and qualifications of all personnel, | 25 | | including management and nursing personnel, having |
| | | 09700SB2554sam001 | - 75 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | responsibility for any part of the care given to residents; | 2 | | specifically, the Department shall establish staffing | 3 | | ratios for facilities which shall specify the number of | 4 | | staff hours per resident of care that are needed for | 5 | | professional nursing care for various types of facilities | 6 | | or areas within facilities and shall require consistent | 7 | | assignment of the same nursing and other direct care staff | 8 | | to the same residents, to the extent circumstances within | 9 | | the control of the facility permit such assignment and | 10 | | respecting requests by staff for reassignment ; | 11 | | (3) All sanitary conditions within the facility and its | 12 | | surroundings, including water supply, sewage disposal, | 13 | | food handling, and general hygiene, which shall ensure the | 14 | | health and comfort of residents; | 15 | | (4) Diet related to the needs of each resident based on | 16 | | good nutritional practice and on recommendations which may | 17 | | be made by the physicians attending the resident; | 18 | | (5) Equipment essential to the health and welfare of | 19 | | the residents; | 20 | | (6) A program of habilitation and rehabilitation for | 21 | | those residents who would benefit from such programs; | 22 | | (7) A program for adequate maintenance of physical | 23 | | plant and equipment; | 24 | | (8) Adequate accommodations, staff and services for | 25 | | the number and types of residents for whom the facility is | 26 | | licensed to care, including standards for temperature and |
| | | 09700SB2554sam001 | - 76 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | relative humidity within comfort zones determined by the | 2 | | Department based upon a combination of air temperature, | 3 | | relative humidity and air movement. Such standards shall | 4 | | also require facility plans that provide for health and | 5 | | comfort of residents at medical risk as determined by the | 6 | | attending physician whenever the temperature and relative | 7 | | humidity are outside such comfort zones established by the | 8 | | Department. The standards must include a requirement that | 9 | | areas of a facility used by residents of the facility be | 10 | | air-conditioned and heated by means of operable | 11 | | air-conditioning and heating equipment. The areas subject | 12 | | to this air-conditioning and heating requirement include, | 13 | | without limitation, bedrooms or common areas such as | 14 | | sitting rooms, activity rooms, living rooms, community | 15 | | rooms, and dining rooms; | 16 | | (9) Development of evacuation and other appropriate | 17 | | safety plans for use during weather, health, fire, physical | 18 | | plant, environmental and national defense emergencies; and | 19 | | (10) Maintenance of minimum financial or other | 20 | | resources necessary to meet the standards established | 21 | | under this Section, and to operate and conduct the facility | 22 | | in accordance with this Act.
| 23 | | (Source: P.A. 97-38, eff. 6-28-11.) | 24 | | (210 ILCS 48/3-202.2b)
| 25 | | Sec. 3-202.2b. Certification of specialized mental health |
| | | 09700SB2554sam001 | - 77 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | rehabilitation facilities.
| 2 | | (a) The Department shall file with the Joint Committee on | 3 | | Administrative Rules, pursuant to the Illinois Administrative | 4 | | Procedure Act, proposed rules or proposed amendments to | 5 | | existing rules to establish a special certification program | 6 | | that provides for psychiatric rehabilitation services that are | 7 | | required to be offered by a facility licensed under this Act | 8 | | that serves residents with serious mental illness. Compliance | 9 | | with standards promulgated pursuant to this Section must be | 10 | | demonstrated before a facility licensed under this Act is | 11 | | eligible to become certified under this Section and annually | 12 | | thereafter.
| 13 | | (b) No facility shall establish, operate,
maintain, or | 14 | | offer psychiatric rehabilitation services, or admit, retain, | 15 | | or seek referrals of a resident with a serious mental illness | 16 | | diagnosis, unless and until a valid certification, which | 17 | | remains unsuspended, unrevoked, and unexpired, has been | 18 | | issued.
| 19 | | (c) A facility that currently serves a resident with
| 20 | | serious mental illness may continue to admit such residents | 21 | | until the Department performs a certification review and | 22 | | determines that the facility does not meet the requirements for | 23 | | certification. The Department, at its discretion, may provide | 24 | | an additional 90-day period for the facility to meet the | 25 | | requirements for certification if it finds that the facility | 26 | | has made a good faith effort to comply with all certification |
| | | 09700SB2554sam001 | - 78 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | requirements and will achieve total compliance with the | 2 | | requirements before the end of the 90-day period. The facility | 3 | | shall be prohibited from admitting residents with serious | 4 | | mental illness until the Department certifies the facility to | 5 | | be in compliance with the requirements of this Section.
| 6 | | (d) A facility currently serving residents with serious
| 7 | | mental illness that elects to terminate provision of services | 8 | | to this population must immediately notify the Department of | 9 | | its intent, cease to admit new residents with serious mental | 10 | | illness, and give notice to all existing residents with serious | 11 | | mental illness of their impending discharge. These residents | 12 | | shall be accorded all rights and assistance provided to a | 13 | | resident being involuntarily discharged and those provided | 14 | | under Section 2-201.5 of this Act. The facility shall continue | 15 | | to adhere to all requirements of this Act until all residents | 16 | | with serious mental illness have been discharged.
| 17 | | (e) A facility found to be out of
compliance with the | 18 | | certification requirements under this Section may be subject to | 19 | | denial, revocation, or suspension of the psychiatric | 20 | | rehabilitation services certification or the imposition of | 21 | | sanctions and penalties, including the immediate suspension of | 22 | | new admissions. Hearings shall be conducted pursuant to Part 7 | 23 | | of Article III of this Act.
| 24 | | (f) The Department shall indicate on its list of
licensed | 25 | | facilities which facilities are certified under this Section | 26 | | and shall distribute this list to the appropriate State |
| | | 09700SB2554sam001 | - 79 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | agencies charged with administering and implementing the | 2 | | State's program of pre-admission screening and resident | 3 | | review, hospital discharge planners, and others upon request.
| 4 | | (g) No public official, agent, or employee of the State,
or | 5 | | any subcontractor of the State, may refer or arrange for the | 6 | | placement of a person with serious mental illness in a facility | 7 | | that is not certified under this Section. No public official, | 8 | | agent, or employee of the State, or any subcontractor of the | 9 | | State, may place the name of a facility on a list of facilities | 10 | | serving the seriously mentally ill for distribution to the | 11 | | general public or to professionals arranging for placements or | 12 | | making referrals unless the facility is certified under this | 13 | | Section.
| 14 | | (h) The Department shall
establish requirements for | 15 | | certification that augment current quality of care standards | 16 | | for facilities serving residents with serious mental illness, | 17 | | which shall include admission, discharge planning, psychiatric | 18 | | rehabilitation services, development of age group appropriate | 19 | | treatment plan goals and services, behavior management | 20 | | services, coordination with community mental health services, | 21 | | staff qualifications and training, clinical consultation, | 22 | | resident access to the outside community, and appropriate | 23 | | environment and space for resident programs, recreation, | 24 | | privacy, and any other issue deemed appropriate by the | 25 | | Department. The augmented standards shall at a minimum include, | 26 | | but need not be limited to, the following:
|
| | | 09700SB2554sam001 | - 80 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (1) Staff sufficient in number and qualifications
| 2 | | necessary to meet the scheduled and unscheduled needs of | 3 | | the residents on a 24-hour basis. The Department shall | 4 | | establish by rule the minimum number of psychiatric | 5 | | services rehabilitation coordinators in relation to the | 6 | | number of residents with serious mental illness residing in | 7 | | the facility. When no psychiatric services rehabilitation | 8 | | coordinator is in the facility, there shall be at least one | 9 | | such person on call and available to respond to emergencies | 10 | | in the facility.
| 11 | | (2) The number and qualifications of consultants
| 12 | | required to be contracted with to provide continuing | 13 | | education and training and to assist with program | 14 | | development.
| 15 | | (3) Training for all new employees specific to the
care | 16 | | needs of residents with a serious mental illness diagnosis | 17 | | during their orientation period and annually thereafter. | 18 | | Training shall be independent of the Department and | 19 | | overseen by an agency designated by the Governor to | 20 | | determine the content of all facility employee training and | 21 | | to provide training for all trainers of facility employees. | 22 | | Training of employees shall at minimum include, but need | 23 | | not be limited to, (i) the impact of a serious mental | 24 | | illness diagnosis, (ii) the recovery paradigm and the role | 25 | | of psychiatric rehabilitation, (iii) preventive strategies | 26 | | for managing aggression and crisis prevention, (iv) basic |
| | | 09700SB2554sam001 | - 81 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | psychiatric rehabilitation techniques and service | 2 | | delivery, (v) resident rights, (vi) abuse prevention, | 3 | | (vii) appropriate interaction between staff and residents, | 4 | | and (viii) any other topic deemed by the Department to be | 5 | | important to ensuring quality of care.
| 6 | | (4) Quality assessment and improvement requirements | 7 | | specific to a facility's residential psychiatric | 8 | | rehabilitation services, which shall be made available to | 9 | | the Department upon request. A facility shall be required | 10 | | at a minimum to develop and maintain policies and | 11 | | procedures that include, but need not be limited to, | 12 | | evaluation of the appropriateness of resident admissions | 13 | | based on the facility's capacity to meet specific needs, | 14 | | resident assessments, development and implementation of | 15 | | care plans, and discharge planning.
| 16 | | (5) Room selection and appropriateness of roommate
| 17 | | assignment , including the assignment of female residents | 18 | | to female-only units or floors and, to the extent possible | 19 | | (taking into account the availability of staff and staff | 20 | | preference), the assignment of only female staff to work on | 21 | | those floors or units .
| 22 | | (6) Comprehensive quarterly review of all treatment
| 23 | | plans for residents with serious mental illness by the | 24 | | resident's interdisciplinary team, which takes into | 25 | | account, at a minimum, the resident's progress, prior | 26 | | assessments, and treatment plan.
|
| | | 09700SB2554sam001 | - 82 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (7) Substance abuse screening and management and
| 2 | | documented referral relationships with certified substance | 3 | | abuse treatment providers.
| 4 | | (8) Administration of psychotropic medications to a | 5 | | non-objecting
resident with serious mental illness who is | 6 | | incapable of giving informed consent, in compliance with | 7 | | the applicable provisions of the Mental Health and | 8 | | Developmental Disabilities Code. Administration of | 9 | | psychotropic medications to an objecting resident, only | 10 | | with a court order authorizing such administration.
| 11 | | (i) The Department shall establish a certification fee | 12 | | schedule by rule, in consultation with advocates, nursing | 13 | | homes, and representatives of associations representing long | 14 | | term care facilities.
Rules proposed under this
Section shall | 15 | | take effect 180 days after being approved by the Joint | 16 | | Committee on Administrative Rules.
| 17 | | (Source: P.A. 97-38, eff. 6-28-11.) | 18 | | (210 ILCS 48/3-202.6 new) | 19 | | Sec. 3-202.6. Liability insurance coverage required. No | 20 | | person may establish, operate, maintain, offer, or advertise a | 21 | | facility within this State without providing to the Department | 22 | | of Public Health proof of liability insurance coverage in an | 23 | | amount not less than $1,000,000 per occurrence. This | 24 | | requirement may not be waived. Failure to maintain such | 25 | | liability insurance coverage during the term of a facility's |
| | | 09700SB2554sam001 | - 83 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | license shall be a separate Type "B" violation for each | 2 | | resident of the facility for each month, or part of a month, in | 3 | | which the facility did not have the minimum required liability | 4 | | insurance. | 5 | | (210 ILCS 48/3-206)
| 6 | | Sec. 3-206. Nursing assistants, habilitation aids, and | 7 | | child care aides. The Department shall prescribe a curriculum | 8 | | for training
nursing assistants, habilitation aides, and child | 9 | | care aides. | 10 | | (a) No person, except a volunteer who receives no | 11 | | compensation from a
facility and is not included for the | 12 | | purpose of meeting any staffing
requirements set forth by the | 13 | | Department, shall act as a nursing assistant,
habilitation | 14 | | aide, or child care aide in a facility, nor shall any person, | 15 | | under any
other title, not licensed, certified, or registered | 16 | | to render medical care
by the Department of Professional | 17 | | Regulation, assist with the
personal, medical, or nursing care | 18 | | of residents in a facility, unless such
person meets the | 19 | | following requirements:
| 20 | | (1) Be at least 18 16 years of age, of temperate habits | 21 | | and good moral
character, honest, reliable, and | 22 | | trustworthy.
| 23 | | (2) Be able to speak and understand the English | 24 | | language or a language
understood by a substantial | 25 | | percentage of the facility's residents.
|
| | | 09700SB2554sam001 | - 84 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | (3) Provide evidence of employment or occupation, if | 2 | | any, and residence
for 2 years prior to his or her present | 3 | | employment.
| 4 | | (4) Have completed at least 10 8 years of grade school | 5 | | or provide proof of
equivalent knowledge.
| 6 | | (5) Begin a current course of training for nursing | 7 | | assistants,
habilitation aides, or child care aides, | 8 | | approved by the Department, within 45 days of initial
| 9 | | employment in the capacity of a nursing assistant, | 10 | | habilitation aide, or
child care aide
at any facility. Such | 11 | | courses of training shall be successfully completed
within | 12 | | 120 days of initial employment in the capacity of nursing | 13 | | assistant,
habilitation aide, or child care aide at a | 14 | | facility. Nursing assistants, habilitation
aides, and | 15 | | child care aides who are enrolled in approved courses in | 16 | | community
colleges or other educational institutions on a | 17 | | term, semester, or trimester
basis shall be exempt from the | 18 | | 120-day completion time limit. The
Department shall adopt | 19 | | rules for such courses of training.
These rules shall | 20 | | include procedures for facilities to
carry on an approved | 21 | | course of training within the facility.
| 22 | | The Department may accept comparable training in lieu | 23 | | of the 120-hour
course for student nurses, foreign nurses, | 24 | | military personnel, or employes of
the Department of Human | 25 | | Services.
| 26 | | The facility shall develop and implement procedures |
| | | 09700SB2554sam001 | - 85 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | and at least 6 hours of quarterly in-service training , | 2 | | which shall be
approved by the Department, for an ongoing | 3 | | review process, which shall take
place within the facility, | 4 | | for nursing assistants, habilitation aides, and
child care | 5 | | aides. The facility shall retain records of all staff | 6 | | in-service training and shall provide such records to the | 7 | | Department upon request. At least half of each quarter of | 8 | | in-service training shall be one-on-one direct resident | 9 | | care demonstration and practice of patient care | 10 | | techniques.
| 11 | | At the time of each regularly scheduled licensure | 12 | | survey, or at the time
of a complaint investigation, the | 13 | | Department may require any nursing
assistant, habilitation | 14 | | aide, or child care aide to demonstrate, either through | 15 | | written
examination or action, or both, sufficient | 16 | | knowledge in all areas of
required training. If such | 17 | | knowledge is inadequate, the Department shall
require the | 18 | | nursing assistant, habilitation aide, or child care aide to | 19 | | complete inservice
training and review in the facility | 20 | | until the nursing assistant, habilitation
aide, or child | 21 | | care aide demonstrates to the Department, either through | 22 | | written
examination or action, or both, sufficient | 23 | | knowledge in all areas of
required training.
| 24 | | (6) Be familiar with and have general skills related to | 25 | | resident care.
| 26 | | (a-0.5) An educational entity, other than a secondary |
| | | 09700SB2554sam001 | - 86 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | school, conducting a
nursing assistant, habilitation aide, or | 2 | | child care aide
training program
shall initiate a criminal | 3 | | history record check in accordance with the Health Care Worker | 4 | | Background Check Act prior to entry of an
individual into the | 5 | | training program.
A secondary school may initiate a criminal | 6 | | history record check in accordance with the Health Care Worker | 7 | | Background Check Act at any time during or after a training | 8 | | program.
| 9 | | (a-1) Nursing assistants, habilitation aides, or child | 10 | | care aides seeking to be included on the registry maintained | 11 | | under Section 3-206.01 must authorize the Department of Public | 12 | | Health or its
designee to request a criminal history record | 13 | | check in accordance with the Health Care Worker Background | 14 | | Check Act and submit all necessary
information. An individual | 15 | | may not newly be included on the registry unless a criminal | 16 | | history record check has been conducted with respect to the | 17 | | individual.
| 18 | | (b) Persons subject to this Section shall perform their | 19 | | duties under the
supervision of a licensed nurse.
| 20 | | (c) It is unlawful for any facility to employ any person in | 21 | | the capacity
of nursing assistant, habilitation aide, or child | 22 | | care aide, or under any other title, not
licensed by the State | 23 | | of Illinois to assist in the personal, medical, or
nursing care | 24 | | of residents in such facility unless such person has complied
| 25 | | with this Section.
| 26 | | (d) Proof of compliance by each employee with the |
| | | 09700SB2554sam001 | - 87 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | requirements set out
in this Section shall be maintained for | 2 | | each such employee by each facility
in the individual personnel | 3 | | folder of the employee. Proof of training shall be obtained | 4 | | only from the health care worker registry.
| 5 | | (e) Each facility shall obtain access to the health care | 6 | | worker registry's web application, maintain the employment and | 7 | | demographic information relating to each employee, and verify | 8 | | by the category and type of employment that
each employee | 9 | | subject to this Section meets all the requirements of this
| 10 | | Section.
| 11 | | (f) Any facility that is operated under Section 3-803 shall | 12 | | be
exempt
from the requirements of this Section.
| 13 | | (g) Each facility that
admits
persons who are diagnosed as | 14 | | having Alzheimer's disease or related
dementias shall require | 15 | | all nursing assistants, habilitation aides, or child
care | 16 | | aides, who did not receive 12 hours of training in the care and
| 17 | | treatment of such residents during the training required under | 18 | | paragraph
(5) of subsection (a), to obtain 12 hours of in-house | 19 | | training in the care
and treatment of such residents. If the | 20 | | facility does not provide the
training in-house, the training | 21 | | shall be obtained from other facilities,
community colleges, or | 22 | | other educational institutions that have a
recognized course | 23 | | for such training. The Department shall, by rule,
establish a | 24 | | recognized course for such training. The Department's rules | 25 | | shall provide that such
training may be conducted in-house at | 26 | | each facility subject to the
requirements of this subsection, |
| | | 09700SB2554sam001 | - 88 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | in which case such training shall be
monitored by the | 2 | | Department.
| 3 | | The Department's rules shall also provide for | 4 | | circumstances and procedures
whereby any person who has | 5 | | received training that meets
the
requirements of this | 6 | | subsection shall not be required to undergo additional
training | 7 | | if he or she is transferred to or obtains employment at a
| 8 | | different facility or a facility other than a long-term care | 9 | | facility but remains continuously employed for pay as a nursing | 10 | | assistant,
habilitation aide, or child care aide. Individuals
| 11 | | who have performed no nursing or nursing-related services
for a | 12 | | period of 24 consecutive months shall be listed as "inactive"
| 13 | | and, as such, do not meet the requirements of this Section. | 14 | | Licensed sheltered care facilities
shall be
exempt from the | 15 | | requirements of this Section.
| 16 | | (Source: P.A. 97-38, eff. 6-28-11.) | 17 | | (210 ILCS 48/3-206.06 new) | 18 | | Sec. 3-206.06. Dementia-specific orientation. | 19 | | (a) A facility that admits or retains persons with | 20 | | Alzheimer's disease or other dementias shall give all staff who | 21 | | have any direct contact with these residents at least 4 hours | 22 | | of dementia-specific orientation within their first 7 days of | 23 | | employment. Nurses, nursing assistants, and social service and | 24 | | activities staff who work with these residents shall, within | 25 | | their first 45 days of employment, receive a minimum of 12 |
| | | 09700SB2554sam001 | - 89 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | additional hours of orientation specifically related to the | 2 | | care of persons with Alzheimer's disease and other dementias. | 3 | | All staff who have any direct contact with these residents | 4 | | shall have at least 12 hours of dementia-specific education and | 5 | | training annually thereafter. | 6 | | (b) The Department shall specify the content of the | 7 | | orientation and the annual education and training. | 8 | | (210 ILCS 48/3-207)
| 9 | | Sec. 3-207. Statement of ownership. | 10 | | (a) As a condition of the issuance or renewal of the | 11 | | license of any facility, the applicant shall file a statement | 12 | | of ownership. The applicant shall update the information | 13 | | required in the statement of ownership within 10 days of any | 14 | | change. | 15 | | (b) The statement of ownership shall include the following: | 16 | | (1) The name, address, telephone number, occupation or | 17 | | business activity, business address and business telephone | 18 | | number of the person who is the owner of the facility and | 19 | | every person who owns the building in which the facility is | 20 | | located, if other than the owner of the facility, which is | 21 | | the subject of the application or license; and if the owner | 22 | | is a partnership or corporation, the name of every partner | 23 | | and stockholder of the owner; | 24 | | (2) The name and address of any facility, whereever | 25 | | located, any financial interest in which is owned by the |
| | | 09700SB2554sam001 | - 90 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | applicant, if the facility were required to be licensed if | 2 | | it were located in this State; | 3 | | (3) Other information necessary to determine the | 4 | | identity and qualifications of an applicant or licensee to | 5 | | operate a facility in accordance with this Act as required | 6 | | by the Department in regulations. | 7 | | (c) The information in the statement of ownership shall be | 8 | | public information and shall be available from the Department.
| 9 | | (d) A facility which is owned by a chain organization as | 10 | | defined by the Centers for Medicare and Medicaid Services shall | 11 | | submit annually to the Department an electronic copy of the | 12 | | Home Office Cost Statement required to be submitted by the home | 13 | | office of the chain to the United States Department of Health | 14 | | and Human Services. The facility shall send the cost statement | 15 | | in electronic form to the Department forthwith after it submits | 16 | | the statement to the Department of Health and Human Services. | 17 | | Each week that a facility fails to comply with the requirements | 18 | | of this subsection shall be cited as a separate administrative | 19 | | warning. | 20 | | (Source: P.A. 97-38, eff. 6-28-11.) | 21 | | (210 ILCS 48/3-304.1)
| 22 | | Sec. 3-304.1. Public computer access to information. | 23 | | (a) The Department must make information regarding nursing | 24 | | homes in the State available to the public in electronic form | 25 | | on the World Wide Web, including all of the following |
| | | 09700SB2554sam001 | - 91 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | information: | 2 | | (1) who regulates facilities licensed under this Act; | 3 | | (2) information in the possession of the Department
| 4 | | that is listed in Sections 3-210 and 3-304; | 5 | | (3) deficiencies and plans of correction; | 6 | | (4) enforcement remedies; | 7 | | (5) penalty letters; | 8 | | (6) designation of penalty monies; | 9 | | (7) the U.S. Department of Health and Human
Services' | 10 | | special projects or federally required inspections; | 11 | | (8) advisory standards; | 12 | | (9) deficiency free surveys; | 13 | | (10) enforcement actions and enforcement summaries; | 14 | | and | 15 | | (11) distressed facilities ; . | 16 | | (12) a link to the most recent facility cost report | 17 | | filed with the Department of Healthcare and Family | 18 | | Services; | 19 | | (13) a link to the most recent Consumer Choice | 20 | | Information Report filed with the Department on Aging; | 21 | | (14) whether the facility is part of a chain; the | 22 | | facility shall be deemed part of a chain if it meets | 23 | | criteria established by the United States Department of | 24 | | Health and Human Services that identify it as owned by a | 25 | | chain organization; and | 26 | | (15) a copy of the latest Home Office Cost Statement, |
| | | 09700SB2554sam001 | - 92 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | if any, filed by the home office of the owner of the | 2 | | facility with the United States Department of Health and | 3 | | Human Services. | 4 | | (b) No fee or other charge may be imposed by the Department | 5 | | as a condition of accessing the information. | 6 | | (c) The electronic public access provided through the World | 7 | | Wide Web shall be in addition to any other electronic or print | 8 | | distribution of the information. | 9 | | (d) The information shall be made available as provided in | 10 | | this Section in the shortest practicable time after it is | 11 | | publicly available in any other form.
| 12 | | (e) The Department shall cooperate with a tax-exempt, | 13 | | not-for-profit organization dedicated solely to advocacy for | 14 | | long-term care residents to make available in electronic form | 15 | | the results of all surveys, including any enforcement actions, | 16 | | and current information about individual nursing home | 17 | | staffing, in the shortest practicable time after they become | 18 | | publicly available. The data shall be provided without charge, | 19 | | so long as the organization charges no fee for sharing the | 20 | | information with the general public. If the organization makes | 21 | | the data available on a website, the Department shall create a | 22 | | link to the website on the Department's website. | 23 | | (Source: P.A. 97-38, eff. 6-28-11.) | 24 | | (210 ILCS 48/3-808.5)
| 25 | | Sec. 3-808.5. Nursing home fraud, abuse, and neglect |
| | | 09700SB2554sam001 | - 93 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | prevention and reporting. | 2 | | (a) Every licensed long-term care facility that receives | 3 | | Medicaid funding shall prominently display in its lobby, in its | 4 | | dining areas, and on each floor of the facility information | 5 | | approved by the Illinois Medicaid Fraud Control Unit on how to | 6 | | report fraud, abuse, and neglect. In addition, information | 7 | | regarding the reporting of fraud, abuse, and neglect shall be | 8 | | provided to each resident at the time of admission and to the | 9 | | resident's family members or emergency contacts, or to both the | 10 | | resident's family members and his or her emergency contacts. | 11 | | (b) Any owner or licensee of a long-term care facility | 12 | | licensed under this Act shall be responsible for the collection | 13 | | and maintenance of any and all records required to be | 14 | | maintained under this Section and any other applicable | 15 | | provisions of this Act, and as a provider under the Illinois | 16 | | Public Aid Code, and shall be responsible for compliance with | 17 | | all of the disclosure requirements under this Section. All | 18 | | books and records and other papers and documents that are | 19 | | required to be kept, and all records showing compliance with | 20 | | all of the disclosure requirements to be made pursuant to this | 21 | | Section, shall be kept at the facility and shall, at all times | 22 | | during business hours, be subject to inspection by any law | 23 | | enforcement or health oversight agency or its duly authorized | 24 | | agents or employees. | 25 | | (c) Any report of abuse and neglect of residents made by | 26 | | any individual in whatever manner, including, but not limited |
| | | 09700SB2554sam001 | - 94 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | to, reports made under Sections 2-107 and 3-610 of this Act, or | 2 | | as provided under the Abused and Neglected Long Term Care | 3 | | Facility Residents Reporting Act, that is made to an | 4 | | administrator, a director of nursing, or any other person with | 5 | | management responsibility at a long-term care facility must be | 6 | | disclosed to the owners and licensee of the facility within 24 | 7 | | hours of the report. The owners and licensee of a long-term | 8 | | care facility shall maintain all records necessary to show | 9 | | compliance with this disclosure requirement. | 10 | | (d) Any person with an ownership interest in a long-term | 11 | | care facility licensed by the Department must, within 30 days | 12 | | of the effective date of this Act, disclose the existence of | 13 | | any ownership interest in any vendor who does business with the | 14 | | facility. The disclosures required by this subsection shall be | 15 | | made in the form and manner prescribed by the Department. | 16 | | Licensed long-term care facilities who receive Medicaid | 17 | | funding shall submit a copy of the disclosures required by this | 18 | | subsection to the Illinois Medicaid Fraud Control Unit. The | 19 | | owners and licensee of a long-term care facility shall maintain | 20 | | all records necessary to show compliance with this disclosure | 21 | | requirement. | 22 | | (e) Notwithstanding the provisions of Section 3-318 of this | 23 | | Act, and in addition thereto, any person, owner, or licensee | 24 | | who willfully fails to keep and maintain, or willfully fails to | 25 | | produce for inspection, books and records, or willfully fails | 26 | | to make the disclosures required by this Section, is guilty of |
| | | 09700SB2554sam001 | - 95 - | LRB097 16401 DRJ 66939 a |
|
| 1 | | a Class A misdemeanor. A second or subsequent violation of this | 2 | | Section shall be punishable as a Class 4 felony. | 3 | | (f) Any owner or licensee who willfully files or willfully | 4 | | causes to be filed a document with false information with the | 5 | | Department, the Department of Healthcare and Family Services, | 6 | | or the Illinois Medicaid Fraud Control Unit or any other law | 7 | | enforcement agency, is guilty of a Class A misdemeanor.
| 8 | | (g) At the request of the Department of State Police, a | 9 | | facility shall cooperate with that agency in arranging for the | 10 | | Department of State Police to train facility staff on | 11 | | preventing resident abuse and neglect. | 12 | | (Source: P.A. 97-38, eff. 6-28-11.) | 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.36 as follows: | 15 | | (30 ILCS 805/8.36 new) | 16 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 | | of this Act, no reimbursement by the State is required for the | 18 | | implementation of any mandate created by this amendatory Act of | 19 | | the 97th General Assembly. ".
|
|