Full Text of SB0938 100th General Assembly
SB0938ham001 100TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 11/9/2018
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| 1 | | AMENDMENT TO SENATE BILL 938
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 938 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Specialized Mental Health Rehabilitation | 5 | | Act of 2013 is amended by changing Sections 2-101 and 4-102 as | 6 | | follows: | 7 | | (210 ILCS 49/2-101)
| 8 | | Sec. 2-101. Standards for facilities. | 9 | | (a) The Department shall, by rule, prescribe minimum | 10 | | standards for each level of care for facilities to be in place | 11 | | during the provisional licensure period and thereafter. These | 12 | | standards shall include, but are not limited to, the following:
| 13 | | (1) life safety standards that will ensure the health, | 14 | | safety and welfare of residents and their protection from | 15 | | hazards;
| 16 | | (2) number and qualifications of all personnel, |
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| 1 | | including management and clinical personnel, having | 2 | | responsibility for any part of the care given to consumers; | 3 | | specifically, the Department shall establish staffing | 4 | | ratios for facilities which shall specify the number of | 5 | | staff hours per consumer of care that are needed for each | 6 | | level of care offered within the facility;
| 7 | | (3) all sanitary conditions within the facility and its | 8 | | surroundings, including water supply, sewage disposal, | 9 | | food handling, and general hygiene which shall ensure the | 10 | | health and comfort of consumers;
| 11 | | (4) a program for adequate maintenance of physical | 12 | | plant and equipment;
| 13 | | (5) adequate accommodations, staff, and services for | 14 | | the number and types of services being offered to consumers | 15 | | for whom the facility is licensed to care; | 16 | | (6) development of evacuation and other appropriate | 17 | | safety plans for use during weather, health, fire, physical | 18 | | plant, environmental, and national defense emergencies; | 19 | | (7) 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; and | 23 | | (8) standards for coercive free environment, | 24 | | restraint, and therapeutic separation.
| 25 | | (b) Any requirement contained in administrative rule | 26 | | concerning a percentage of single occupancy rooms shall be |
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| 1 | | calculated based on the total number of licensed or | 2 | | provisionally licensed beds under this Act on January 1, 2019 | 3 | | and shall not be calculated on a per-facility basis. | 4 | | (Source: P.A. 98-104, eff. 7-22-13.) | 5 | | (210 ILCS 49/4-102)
| 6 | | Sec. 4-102. Necessity of license. No person may establish, | 7 | | operate, maintain, offer, or advertise a facility within this | 8 | | State unless and until he or she obtains a valid license | 9 | | therefor as hereinafter provided, which license remains | 10 | | unsuspended, unrevoked, and unexpired. No public official or | 11 | | employee may place any person in, or recommend that any person | 12 | | be in, or directly or indirectly cause any person to be placed | 13 | | in any facility that is being operated without a valid license. | 14 | | All licenses and licensing procedures established under | 15 | | Article III of the Nursing Home Care Act, except those | 16 | | contained in Section 3-202, shall be deemed valid under this | 17 | | Act until the Department establishes licensure. The Department | 18 | | is granted the authority under this Act to establish | 19 | | provisional licensure and licensing procedures under this Act | 20 | | by emergency rule and shall do so within 120 days of the | 21 | | effective date of this Act. The Department shall not grant a | 22 | | provisional license to any facility that does not possess a | 23 | | provisional license on November 30, 2018 and is licensed under | 24 | | the Nursing Home Care Act on or before November 30, 2018. The | 25 | | Department shall not grant a license to any facility that has |
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| 1 | | not first received a provisional license. The changes made by | 2 | | this amendatory Act of the 100th General Assembly do not apply | 3 | | to the provisions of subsection (c) of Section 1-101.5 | 4 | | concerning facility closure and relocation.
| 5 | | (Source: P.A. 98-104, eff. 7-22-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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