Full Text of HB3398 99th General Assembly
HB3398 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3398 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| |
Amends the Nursing Home Care Act. In a provision that requires a certain amount of nursing and personal care time to be provided by registered nurses, provides that the Department of Public Health may waive the requirement for a facility if the facility demonstrates to the satisfaction of the Department, as established by rule, that it is unable to meet the requirement. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3398 | | LRB099 09359 RPS 29564 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 3-202.05 as follows: | 6 | | (210 ILCS 45/3-202.05) | 7 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 8 | | thereafter. | 9 | | (a) For the purpose of computing staff to resident ratios, | 10 | | direct care staff shall include: | 11 | | (1) registered nurses; | 12 | | (2) licensed practical nurses; | 13 | | (3) certified nurse assistants; | 14 | | (4) psychiatric services rehabilitation aides; | 15 | | (5) rehabilitation and therapy aides; | 16 | | (6) psychiatric services rehabilitation coordinators; | 17 | | (7) assistant directors of nursing; | 18 | | (8) 50% of the Director of Nurses' time; and | 19 | | (9) 30% of the Social Services Directors' time. | 20 | | The Department shall, by rule, allow certain facilities | 21 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 22 | | S) to utilize specialized clinical staff, as defined in rules, | 23 | | to count towards the staffing ratios. |
| | | HB3398 | - 2 - | LRB099 09359 RPS 29564 b |
|
| 1 | | Within 120 days of the effective date of this amendatory | 2 | | Act of the 97th General Assembly, the Department shall | 3 | | promulgate rules specific to the staffing requirements for | 4 | | facilities federally defined as Institutions for Mental | 5 | | Disease. These rules shall recognize the unique nature of | 6 | | individuals with chronic mental health conditions, shall | 7 | | include minimum requirements for specialized clinical staff, | 8 | | including clinical social workers, psychiatrists, | 9 | | psychologists, and direct care staff set forth in paragraphs | 10 | | (4) through (6) and any other specialized staff which may be | 11 | | utilized and deemed necessary to count toward staffing ratios. | 12 | | Within 120 days of the effective date of this amendatory | 13 | | Act of the 97th General Assembly, the Department shall | 14 | | promulgate rules specific to the staffing requirements for | 15 | | facilities licensed under the Specialized Mental Health | 16 | | Rehabilitation Act of 2013. These rules shall recognize the | 17 | | unique nature of individuals with chronic mental health | 18 | | conditions, shall include minimum requirements for specialized | 19 | | clinical staff, including clinical social workers, | 20 | | psychiatrists, psychologists, and direct care staff set forth | 21 | | in paragraphs (4) through (6) and any other specialized staff | 22 | | which may be utilized and deemed necessary to count toward | 23 | | staffing ratios. | 24 | | (b) Beginning January 1, 2011, and thereafter, light | 25 | | intermediate care shall be staffed at the same staffing ratio | 26 | | as intermediate care. |
| | | HB3398 | - 3 - | LRB099 09359 RPS 29564 b |
|
| 1 | | (c) Facilities shall notify the Department within 60 days | 2 | | after the effective date of this amendatory Act of the 96th | 3 | | General Assembly, in a form and manner prescribed by the | 4 | | Department, of the staffing ratios in effect on the effective | 5 | | date of this amendatory Act of the 96th General Assembly for | 6 | | both intermediate and skilled care and the number of residents | 7 | | receiving each level of care. | 8 | | (d)(1) Effective July 1, 2010, for each resident needing | 9 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 10 | | and personal care each day must be provided; for each resident | 11 | | needing intermediate care, 1.7 hours of nursing and personal | 12 | | care each day must be provided. | 13 | | (2) Effective January 1, 2011, the minimum staffing ratios | 14 | | shall be increased to 2.7 hours of nursing and personal care | 15 | | each day for a resident needing skilled care and 1.9 hours of | 16 | | nursing and personal care each day for a resident needing | 17 | | intermediate care. | 18 | | (3) Effective January 1, 2012, the minimum staffing ratios | 19 | | shall be increased to 3.0 hours of nursing and personal care | 20 | | each day for a resident needing skilled care and 2.1 hours of | 21 | | nursing and personal care each day for a resident needing | 22 | | intermediate care. | 23 | | (4) Effective January 1, 2013, the minimum staffing ratios | 24 | | shall be increased to 3.4 hours of nursing and personal care | 25 | | each day for a resident needing skilled care and 2.3 hours of | 26 | | nursing and personal care each day for a resident needing |
| | | HB3398 | - 4 - | LRB099 09359 RPS 29564 b |
|
| 1 | | intermediate care. | 2 | | (5) Effective January 1, 2014, the minimum staffing ratios | 3 | | shall be increased to 3.8 hours of nursing and personal care | 4 | | each day for a resident needing skilled care and 2.5 hours of | 5 | | nursing and personal care each day for a resident needing | 6 | | intermediate care.
| 7 | | (e) Ninety days after the effective date of this amendatory | 8 | | Act of the 97th General Assembly, a minimum of 25% of nursing | 9 | | and personal care time shall be provided by licensed nurses, | 10 | | with at least 10% of nursing and personal care time provided by | 11 | | registered nurses. These minimum requirements shall remain in | 12 | | effect until an acuity based registered nurse requirement is | 13 | | promulgated by rule concurrent with the adoption of the | 14 | | Resource Utilization Group classification-based payment | 15 | | methodology, as provided in Section 5-5.2 of the Illinois | 16 | | Public Aid Code. However, the Department may waive the | 17 | | registered nurse requirement for a facility if the facility | 18 | | demonstrates to the satisfaction of the Department, as | 19 | | established by rule, that it is unable to meet the registered | 20 | | nurse requirement. Registered nurses and licensed practical | 21 | | nurses employed by a facility in excess of these requirements | 22 | | may be used to satisfy the remaining 75% of the nursing and | 23 | | personal care time requirements. Notwithstanding this | 24 | | subsection, no staffing requirement in statute in effect on the | 25 | | effective date of this amendatory Act of the 97th General | 26 | | Assembly shall be reduced on account of this subsection. |
| | | HB3398 | - 5 - | LRB099 09359 RPS 29564 b |
|
| 1 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|