Full Text of HB0066 98th General Assembly
HB0066ham001 98TH GENERAL ASSEMBLY | Rep. André M. Thapedi Filed: 1/31/2013
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| 1 | | AMENDMENT TO HOUSE BILL 66
| 2 | | AMENDMENT NO. ______. Amend House Bill 66 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-103 and by adding Section 3-216 as follows:
| 6 | | (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| 7 | | Sec. 3-103. The procedure for obtaining a valid license | 8 | | shall be as follows:
| 9 | | (1) Application to operate a facility shall be made to
| 10 | | the Department on forms furnished by the Department and | 11 | | shall contain such information as the Department | 12 | | reasonably requires, which may include affirmative | 13 | | evidence of the ability to comply with such reasonable | 14 | | standards and rules as are lawfully prescribed under this | 15 | | Article .
| 16 | | (2)
All license applications shall be accompanied with |
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| 1 | | an application fee.
The fee
for an annual license shall be | 2 | | $999 $1,990 . Facilities that pay a fee or assessment | 3 | | pursuant to Article V-C of the Illinois Public Aid Code | 4 | | shall be exempt from the license fee imposed under this | 5 | | item (2). The fee for a 2-year
license shall be double the | 6 | | fee for the annual license. The
fees collected
shall be | 7 | | deposited with the State Treasurer into the Long Term Care
| 8 | | Monitor/Receiver Fund, which has been created as a special | 9 | | fund in the State
treasury.
This special fund is to be used | 10 | | by the Department for expenses related to
the appointment | 11 | | of monitors and receivers as contained in Sections 3-501
| 12 | | through 3-517 of this Act, for the enforcement of this Act, | 13 | | for expenses related to surveyor development, and for | 14 | | implementation of the Abuse Prevention Review Team Act. All | 15 | | federal moneys received as a result of expenditures from | 16 | | the Fund shall be deposited into the Fund. The Department | 17 | | may reduce or waive a penalty pursuant to Section 3-308 | 18 | | only if that action will not threaten the ability of the | 19 | | Department to meet the expenses required to be met by the | 20 | | Long Term Care Monitor/Receiver Fund. The application | 21 | | shall be under
oath and the submission of false or | 22 | | misleading information shall be a Class
A misdemeanor. The | 23 | | application shall contain the following information:
| 24 | | (a) The name and address of the applicant if an | 25 | | individual, and if a firm,
partnership, or | 26 | | association, of every member thereof, and in the case |
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| 1 | | of
a corporation, the name and address thereof and of | 2 | | its officers and its
registered agent, and in the case | 3 | | of a unit of local government, the name
and address of | 4 | | its chief executive officer;
| 5 | | (b) The name and location of the facility for which | 6 | | a license is sought;
| 7 | | (c) The name of the person or persons under whose | 8 | | management or
supervision
the facility will be | 9 | | conducted;
| 10 | | (d) The number and type of residents for which | 11 | | maintenance, personal care,
or nursing is to be | 12 | | provided; and
| 13 | | (e) Such information relating to the number, | 14 | | experience, and training
of the employees of the | 15 | | facility, any management agreements for the operation
| 16 | | of the facility, and of the moral character of the | 17 | | applicant and employees
as the Department may deem | 18 | | necessary.
| 19 | | (3) Each initial application shall be accompanied by a | 20 | | financial
statement setting forth the financial condition | 21 | | of the applicant and by a
statement from the unit of local | 22 | | government having zoning jurisdiction over
the facility's | 23 | | location stating that the location of the facility is not | 24 | | in
violation of a zoning ordinance. An initial application | 25 | | for a new facility
shall be accompanied by a permit as | 26 | | required by the "Illinois Health Facilities
Planning Act". |
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| 1 | | After the application is approved, the applicant shall
| 2 | | advise the Department every 6 months of any changes in the | 3 | | information
originally provided in the application.
| 4 | | (4) Other information necessary to determine the | 5 | | identity and qualifications
of an applicant to operate a | 6 | | facility in accordance with this Act shall
be included in | 7 | | the application as required by the Department in | 8 | | regulations.
| 9 | | (5) An application for a license to operate a facility | 10 | | also shall include affirmative evidence of the ability to | 11 | | comply with the requirement of Section 3-216 of this Act. | 12 | | (Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; | 13 | | 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff. | 14 | | 1-1-12.)
| 15 | | (210 ILCS 45/3-216 new) | 16 | | Sec. 3-216. Liability insurance requirement. | 17 | | (a) An owner or operator of a facility shall purchase and | 18 | | maintain not less than $750,000 in liability insurance for each | 19 | | facility. The liability insurance shall cover each resident per | 20 | | occurrence of negligence. | 21 | | (b) The liability coverage amount described in this Section | 22 | | shall include coverage for indemnity of the insured only. The | 23 | | cost of defending the insured shall not be covered. | 24 | | (c) No person may establish, own, or operate a facility in | 25 | | the State unless and until the person provides proof of |
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| 1 | | liability insurance coverage as described under this Section to | 2 | | the Department. | 3 | | (d) The Department shall suspend or revoke the license or | 4 | | certificate of any facility whose owner or operator violates | 5 | | the provisions of this Section.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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