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Rep. Elgie R. Sims, Jr.
Filed: 3/21/2014
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1 | | AMENDMENT TO HOUSE BILL 4751
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2 | | AMENDMENT NO. ______. Amend House Bill 4751 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Nursing Home Care Act is amended by |
5 | | changing Sections 3-304, 3-304.2, 3-402, 3-501, and 3-502 as |
6 | | follows:
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7 | | (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304)
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8 | | Sec. 3-304. (a) The Department shall prepare on a quarterly |
9 | | basis a
list containing the names and addresses of all |
10 | | facilities against which
the Department during the previous |
11 | | quarter has:
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12 | | (1) sent a notice under Section 3-307 regarding a
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13 | | penalty assessment under subsection (1) of Section 3-305;
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14 | | (2) sent a notice of license revocation under Section |
15 | | 3-119;
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16 | | (3) sent a notice refusing renewal of a license under |
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1 | | Section 3-119;
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2 | | (4) sent a notice to suspend a license under Section |
3 | | 3-119;
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4 | | (5) issued a conditional license for violations that |
5 | | have not been
corrected under Section 3-303 or penalties or |
6 | | fines described
under Section 3-305 have been assessed |
7 | | under
Section 3-307 or 3-308;
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8 | | (6) placed a monitor under Section 3-304.2 subsections |
9 | | (a), (b) and (c) of Section 3-501
and under subsection (d) |
10 | | of such Section where license revocation or
nonrenewal |
11 | | notices have also been issued ;
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12 | | (7) initiated an action to appoint a receiver;
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13 | | (8) recommended to the Director of Healthcare and |
14 | | Family Services (formerly Director of the Department of |
15 | | Public Aid), or the
Secretary of the United States |
16 | | Department of Health and Human Services, the
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17 | | decertification for violations in relation to patient care |
18 | | of a facility
pursuant to Titles XVIII and XIX of the |
19 | | federal Social Security Act.
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20 | | (b) In addition to the name and address of the facility, |
21 | | the list shall
include the name and address of the person or |
22 | | licensee against whom the
action has been initiated, a |
23 | | self-explanatory summary of the facts which
warranted the |
24 | | initiation of each action, the type of action initiated, the
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25 | | date of the initiation of the action, the amount of the penalty |
26 | | sought to
be assessed, if any, and the final disposition of the |
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1 | | action, if completed.
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2 | | (c) The list shall be available to any member of the public |
3 | | upon oral
or written request without charge.
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4 | | (Source: P.A. 95-331, eff. 8-21-07.)
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5 | | (210 ILCS 45/3-304.2) |
6 | | Sec. 3-304.2. Designation of distressed facilities. |
7 | | (a) Placement of monitors and receivers. Notwithstanding |
8 | | any other provision of this Act, all monitors and receivers |
9 | | placed in facilities licensed under this Act shall be assigned |
10 | | in compliance with this Section. Costs associated with the |
11 | | placement of monitors and receivers shall be paid from civil |
12 | | monetary penalties collected by the Department. |
13 | | (b) Development of placement criteria. The Department |
14 | | shall task the Long-Term Care Facility Advisory Board with the |
15 | | development of criteria, which shall include the events set |
16 | | forth in Section 3-501 of this Act, to identify facilities in |
17 | | which monitors shall be placed. The Long-Term Care Facility |
18 | | Advisory Board shall, at its discretion, seek the participation |
19 | | of individuals not formally named to the Board. |
20 | | (c) Notice. The Department shall notify each facility in |
21 | | writing of its designation as a distressed facility and of the |
22 | | calculation on which it is based. The notice shall provide the |
23 | | form and manner by which a facility may seek an appeal of this |
24 | | designation. No further action shall be taken against the |
25 | | facility until all rights of appeal have been exhausted. |
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1 | | (d) Plan of improvement. A facility identified as a |
2 | | distressed facility shall have 30 days from receipt of the |
3 | | notice or from the date that all appeals rights have been |
4 | | exhausted, whichever is later, to submit a plan of improvement |
5 | | to the Department. Modification to the physical structure of |
6 | | the facility included in the plan of improvement shall not |
7 | | require action of the Health Facilities and Services Review |
8 | | Board. |
9 | | (e) Compliance. The facility shall have 180 days from the |
10 | | date the facility receives notice of the approval of the plan |
11 | | of improvement to comply with the contents of the plan. The |
12 | | facility may seek an amendment to the plan of improvement at |
13 | | any time prior to achieving compliance. A facility determined |
14 | | by the Department to have met the terms of the plan of |
15 | | improvement shall no longer be identified as a distressed |
16 | | facility. |
17 | | (f) Equity grant. The Department may award a grant under |
18 | | the Equity in Long-term Care Quality Act to a facility to |
19 | | assist the facility in achieving compliance with the plan of |
20 | | improvement. Grant applications shall be submitted to the |
21 | | Department in the form and manner prescribed by the Department. |
22 | | The application may be submitted with the plan of improvement |
23 | | or at some later date, but must be submitted prior to |
24 | | compliance with the plan of improvement. |
25 | | (g) Failure to implement a plan of improvement. A facility |
26 | | that has been determined by the Department to have failed to |
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1 | | achieve compliance with an approved plan of improvement at the |
2 | | end of the 180 day period provided in subsection (e) or (l) |
3 | | may, at the Department's discretion, have its name published on |
4 | | the Department's website as a distressed facility. If the |
5 | | Department determines that the facility is showing a good faith |
6 | | effort to achieve compliance, the Department may, at its |
7 | | discretion, extend the compliance period by an additional 180 |
8 | | days. |
9 | | (h) Monitors. The Department may place a monitor in a |
10 | | facility that has failed to achieve compliance with the |
11 | | approved plan of improvement to oversee and assist the facility |
12 | | in coming into compliance with the plan. The monitor shall meet |
13 | | weekly with the facility administrator to discuss progress |
14 | | towards achieving compliance and to agree on additional steps |
15 | | needed for compliance. The monitor shall report to the |
16 | | Department in writing on the outcomes of the meeting and the |
17 | | action steps agreed to for the following week. The report shall |
18 | | be signed by the monitor and the facility administrator. The |
19 | | facility administrator may add comments to the report or may |
20 | | file a separate report with the Department explaining any |
21 | | special circumstances related to achieving full compliance |
22 | | with the plan of improvement. |
23 | | (i) Compliance review. The facility may seek the removal of |
24 | | a monitor by requesting a compliance review pursuant to the |
25 | | plan of improvement at any time after a monitor has been placed |
26 | | in the facility. Upon receiving the request, the Department |
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1 | | shall have 30 days to respond. A facility that has achieved |
2 | | compliance with the plan of improvement shall have its name |
3 | | removed from the distressed facility list and the monitor shall |
4 | | be removed from the facility. |
5 | | (j) Appointment of a court–ordered receiver. The |
6 | | Department, at its discretion, may seek the appointment of a |
7 | | court-ordered receiver pursuant to Part 5 of Article III of |
8 | | this Act. |
9 | | (k) Mentors. The Department, at the request of an owner of |
10 | | a facility identified as distressed, shall seek a mentor to |
11 | | assist the owner in achieving compliance with a plan of |
12 | | improvement. |
13 | | (l) Purchase of a distressed facility. An individual who |
14 | | purchases a facility that has been designated as distressed |
15 | | shall have 60 days from the date of purchase to file a plan of |
16 | | improvement and an additional 180 days from receipt of the |
17 | | Department's approval to prove compliance with the plan. The |
18 | | Department may extend this period for an additional 180 days if |
19 | | the new owner has shown a good faith effort to achieve |
20 | | compliance. The facility may seek approval of an amendment to |
21 | | the plan of improvement at any time prior to compliance. The |
22 | | facility's name shall be removed from any published list of |
23 | | distressed facilities upon the purchase of the facility until |
24 | | the owner has exhausted all attempts at compliance. The |
25 | | facility may be awarded a grant as provided in subsection (f) |
26 | | of this Section to assist in achieving compliance with the |
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1 | | plan. |
2 | | (a) By May 1, 2011, and quarterly thereafter, the |
3 | | Department shall generate and publish quarterly a
list of |
4 | | distressed facilities. Criteria for inclusion of certified |
5 | | facilities on the list shall be those used by the U.S. General |
6 | | Accounting Office in report 9-689, until such time as the |
7 | | Department by rule modifies the criteria. |
8 | | (b) In deciding whether and how to modify the criteria used |
9 | | by the General Accounting Office, the Department shall complete |
10 | | a test run of any substitute criteria to determine their |
11 | | reliability by comparing the number of facilities identified as |
12 | | distressed against the number of distressed facilities |
13 | | generated using the criteria contained in the General |
14 | | Accounting Office report. The Department may not adopt |
15 | | substitute criteria that generate fewer facilities with a |
16 | | distressed designation than are produced by the General |
17 | | Accounting Office criteria during the test run. |
18 | | (c) The Department shall, by rule, adopt criteria to |
19 | | identify non-Medicaid-certified facilities that are distressed |
20 | | and shall publish this list quarterly beginning October 1, |
21 | | 2011. |
22 | | (d) The Department shall notify each facility of its |
23 | | distressed designation, and of the calculation on
which it is |
24 | | based. |
25 | | (e) A distressed facility may contract with an independent |
26 | | consultant meeting criteria established by
the Department. If |
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1 | | the distressed facility does not seek the assistance of an |
2 | | independent
consultant, the Department shall place a monitor or |
3 | | a temporary manager in the facility, depending
on the |
4 | | Department's assessment of the condition of the facility. |
5 | | (f) Independent consultant. A facility that has been |
6 | | designated a distressed facility may
contract with an |
7 | | independent consultant to develop and assist in the
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8 | | implementation of a plan of improvement to bring and keep
the |
9 | | facility in compliance with this Act and, if applicable, with |
10 | | federal certification
requirements. A facility that contracts |
11 | | with an independent consultant
shall have 90 days to develop a |
12 | | plan of improvement and demonstrate a
good faith effort at |
13 | | implementation, and another 90 days to achieve compliance
and |
14 | | take whatever additional actions are called for in the |
15 | | improvement plan
to maintain compliance. A facility that the |
16 | | Department determines has a plan
of improvement likely to bring |
17 | | and keep the facility in compliance
and that has demonstrated |
18 | | good faith efforts at implementation
within the first 90 days |
19 | | may be eligible to receive a grant under the Equity
in |
20 | | Long-term Care Quality Act to assist it in achieving and |
21 | | maintaining compliance.
In this subsection, "independent" |
22 | | consultant means an individual who has no professional or
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23 | | financial relationship with the facility, any person with a |
24 | | reportable ownership
interest in the facility, or any related |
25 | | parties. In this subsection, "related parties" has the
meaning |
26 | | attributed to it in the instructions for completing Medicaid |
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1 | | cost reports. |
2 | | (f-5) Monitor and temporary managers. A distressed |
3 | | facility that does not contract with a consultant shall be |
4 | | assigned a monitor or a temporary manager at the Department's |
5 | | discretion. The cost of the temporary manager shall be paid by |
6 | | the facility. The temporary manager shall have the authority |
7 | | determined by the Department, which may grant the temporary |
8 | | manager any or all of the authority a court may grant a |
9 | | receiver. The temporary manager may apply to the Equity in |
10 | | Long-term Care Quality Fund for grant funds to implement the |
11 | | plan of improvement. |
12 | | (g) The Department shall by rule establish a mentor program |
13 | | for owners of distressed facilities. |
14 | | (h) The Department shall by rule establish sanctions (in |
15 | | addition to those authorized elsewhere in this Article) against |
16 | | distressed facilities that are not in compliance with this Act |
17 | | and (if applicable) with federal certification requirements. |
18 | | Criteria for imposing sanctions shall take into account a |
19 | | facility's actions to address the violations and deficiencies |
20 | | that caused its designation as a distressed facility, and its |
21 | | compliance with this Act and with federal certification |
22 | | requirements (if applicable), subsequent to its designation as |
23 | | a distressed facility, including mandatory revocations if |
24 | | criteria can be agreed upon by the Department, resident |
25 | | advocates, and representatives of the nursing home profession. |
26 | | By February 1, 2011, the Department shall report to the General |
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1 | | Assembly on the results of negotiations about creating criteria |
2 | | for mandatory license revocations of distressed facilities and |
3 | | make recommendations about any statutory changes it believes |
4 | | are appropriate to protect the health, safety, and welfare of |
5 | | nursing home residents. |
6 | | (i) The Department may establish by rule criteria for |
7 | | restricting the owner of a facility on the distressed list from |
8 | | acquiring additional skilled nursing facilities.
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9 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.) |
10 | | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) |
11 | | Sec. 3-402. Involuntary transfer or discharge of a resident |
12 | | from a facility
shall be preceded by the discussion required |
13 | | under Section 3-408 and by
a minimum written notice
of 21 days, |
14 | | except in one of the following instances: |
15 | | (a) When an emergency transfer or discharge is ordered
by |
16 | | the resident's attending physician because of the resident's |
17 | | physical or mental health
care needs. |
18 | | (b) When the transfer or discharge is mandated by the |
19 | | physical safety of
other residents, the facility staff, or |
20 | | facility visitors, as
documented in the clinical record.
The |
21 | | Department shall be notified prior to any such involuntary |
22 | | transfer
or discharge. The Department shall immediately offer |
23 | | transfer, or discharge
and relocation assistance to residents |
24 | | transferred or discharged under this
subparagraph (b), and the |
25 | | Department may place relocation teams as
provided in Section |
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1 | | 3-419 of this Act. |
2 | | (c) When an identified offender is within the provisional |
3 | | admission period defined in Section 1-120.3. If the Identified |
4 | | Offender Report and Recommendation prepared under Section |
5 | | 2-201.6 shows that the identified offender poses a serious |
6 | | threat or danger to the physical safety of other residents, the |
7 | | facility staff, or facility visitors in the admitting facility |
8 | | and the facility determines that it is unable to provide a safe |
9 | | environment for the other residents, the facility staff, or |
10 | | facility visitors, the facility shall transfer or discharge the |
11 | | identified offender within 3 days after its receipt of the |
12 | | Identified Offender Report and Recommendation. |
13 | | (Source: P.A. 96-1372, eff. 7-29-10.) |
14 | | (210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) |
15 | | Sec. 3-501. The Department may place an employee or agent |
16 | | to serve as a
monitor in a facility or may petition the circuit |
17 | | court for appointment of a
receiver for a facility, or both, |
18 | | when any of the following conditions exist: |
19 | | (a) The facility is operating without a license; |
20 | | (b) The Department has suspended, revoked or refused to |
21 | | renew the existing
license of the facility; |
22 | | (c) The facility is closing or has informed the |
23 | | Department that it intends
to close and adequate |
24 | | arrangements for relocation of residents have not
been made |
25 | | at least 30 days prior to closure; |
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1 | | (d) The Department determines that an emergency |
2 | | exists, whether or not
it has initiated revocation or |
3 | | nonrenewal procedures, if because of the
unwillingness or |
4 | | inability of the licensee to remedy the emergency the
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5 | | Department believes a monitor or receiver is necessary; |
6 | | (e) The Department is notified that the facility is
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7 | | terminated or will not be renewed for participation in the |
8 | | federal
reimbursement program under either Title
XVIII or |
9 | | Title XIX of the Social Security Act; or |
10 | | (f) (Blank). The facility has been designated a |
11 | | distressed facility by the Department and does not have a |
12 | | consultant employed pursuant to subsection (f) of Section |
13 | | 3-304.2 and an acceptable plan of improvement, or the |
14 | | Department has reason to believe the facility is not |
15 | | complying with the plan of improvement. Nothing in this |
16 | | paragraph (f) shall preclude the Department from placing a |
17 | | monitor in a facility if otherwise justified by law. |
18 | | As used in subsection (d) and Section 3-503, "emergency" |
19 | | means a threat
to the health, safety or welfare of a resident |
20 | | that the facility is
unwilling or unable to correct. |
21 | | (Source: P.A. 96-1372, eff. 7-29-10.)
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22 | | (210 ILCS 45/3-502) (from Ch. 111 1/2, par. 4153-502)
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23 | | Sec. 3-502.
Pursuant to Section 3-304.2 of this Act and |
24 | | taking into account In any situation described in Section |
25 | | 3-501, the Department
may place a qualified person to act as |
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1 | | monitor in the facility. The monitor
shall , in compliance with |
2 | | Section 3-304.2 of this Act and all rules adopted thereunder, |
3 | | observe operation of the facility, assist the facility by |
4 | | advising
it on how to comply with the State regulations, and |
5 | | shall report periodically
to the Department on the operation of |
6 | | the facility.
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7 | | (Source: P.A. 81-223.)
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8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.".
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