Full Text of HB4751 98th General Assembly
HB4751ham001 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/21/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4751
| 2 | | AMENDMENT NO. ______. Amend House Bill 4751 by replacing | 3 | | everything after the enacting clause with the following:
| 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:
| 7 | | (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304)
| 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:
| 12 | | (1) sent a notice under Section 3-307 regarding a
| 13 | | penalty assessment under subsection (1) of Section 3-305;
| 14 | | (2) sent a notice of license revocation under Section | 15 | | 3-119;
| 16 | | (3) sent a notice refusing renewal of a license under |
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| 1 | | Section 3-119;
| 2 | | (4) sent a notice to suspend a license under Section | 3 | | 3-119;
| 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;
| 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 ;
| 12 | | (7) initiated an action to appoint a receiver;
| 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
| 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.
| 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
| 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.
| 2 | | (c) The list shall be available to any member of the public | 3 | | upon oral
or written request without charge.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 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
| 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
| 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.
| 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
| 5 | | Department believes a monitor or receiver is necessary; | 6 | | (e) The Department is notified that the facility is
| 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.)
| 22 | | (210 ILCS 45/3-502) (from Ch. 111 1/2, par. 4153-502)
| 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.
| 7 | | (Source: P.A. 81-223.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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