Full Text of HB4662 102nd General Assembly
HB4662ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4662
| 2 | | AMENDMENT NO. ______. Amend House Bill 4662 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by adding | 5 | | Section 3-305.10 as follows: | 6 | | (210 ILCS 45/3-305.10 new) | 7 | | Sec. 3-305.10. Rental data disclosure; facility cost | 8 | | report. | 9 | | (a) In this Section: | 10 | | "Real estate partnership" means any combination of | 11 | | domestic or foreign corporations, limited liability companies, | 12 | | limited liability partnerships, subsidiaries, management | 13 | | companies, general partnerships, sole proprietorships, limited | 14 | | liability partnership, or any other legal entity recognized | 15 | | under Illinois law that hold real estate together. | 16 | | "Related business entity" means one of 2 or more entities |
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| 1 | | where: | 2 | | (1) the entities have (i) significant common purposes | 3 | | and substantial common membership or (ii) directly or | 4 | | indirectly substantial common direction or control; | 5 | | (2) either entity owns, directly or through one or | 6 | | more entities, a 50% or greater interest in the capital or | 7 | | profits of the other; | 8 | | (3) the entities share a real estate partnership; or | 9 | | (4) the owner or operator of either entity has a | 10 | | familial relationship or is a related party to a person | 11 | | who is an owner or operator of another entity. | 12 | | "Related party" includes a person's parent, step-parent, | 13 | | child, spouse, sibling, cousin, or other family member. | 14 | | (b) A for-profit facility licensed under this Act shall | 15 | | disclose, with each cost report filed with the Department of | 16 | | Healthcare and Family Services, data regarding the lease or | 17 | | rental of the facility by a related business entity that owns | 18 | | the facility to a business operating the facility in any cost | 19 | | report submitted by the facility to the State. The data shall | 20 | | include the following: | 21 | | (1) Any new company created by an investor or a | 22 | | related party of an investor in the facility to hold a real | 23 | | estate asset of the facility, including the value of any | 24 | | building on the real estate, the value of the real | 25 | | property itself, and the value of the company itself. | 26 | | (2) Information regarding the rental or provision of |
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| 1 | | ventilators, pharmaceutical supplies, ambulances, | 2 | | management and professional services, or payroll services | 3 | | to any facility that is leased or rented by the facility's | 4 | | property owner, business owner, or a related party of a | 5 | | property owner or business owner. This information | 6 | | includes, but is not limited to, the following: | 7 | | (A) General services, such as dietary, | 8 | | housekeeping, laundry, or maintenance services. | 9 | | (B) Health care and program services, such as the | 10 | | facility's medical director, nursing and medical | 11 | | records, therapy, activities, certified nursing | 12 | | assistant training, program transportation, and | 13 | | special services. | 14 | | (C) General administration services, such as | 15 | | professional services, payroll services, clerical and | 16 | | general office services, data processing, in-service | 17 | | training and education, staff and resident | 18 | | transportation, consulting services, project manager | 19 | | services, and associated services. | 20 | | (D) Capital expenses and services, such as | 21 | | facility rent, leases, grounds, equipment, supplies, | 22 | | and vehicles. | 23 | | (E) Ancillary expenses. | 24 | | (F) Contractual services, such as lobbying | 25 | | services. | 26 | | (3) Detailed information on any declaration of |
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| 1 | | bankruptcy, as well as any sale of any privately or | 2 | | publicly held real estate to a real estate investor, | 3 | | investment trust, or private equity firm. This information | 4 | | includes, but is not limited to, the following: | 5 | | (A) Any required filings by a board of trustees | 6 | | under any other law and disclosure of the names of the | 7 | | president, leadership board, and members of the | 8 | | corporation, limited liability company, limited | 9 | | liability partnership, subsidiary, management company, | 10 | | general partnership, sole proprietorship, limited | 11 | | liability partnership, or other legal entity | 12 | | recognized under any State or federal law or rule. | 13 | | (B) Documentation that includes, but is not | 14 | | limited to, annual filings with the Secretary of State | 15 | | and any relevant federal filings. | 16 | | (C) Identification of entities that have either a | 17 | | significant ownership interest, meaning greater than | 18 | | 5%, in the facility or that play an important role in | 19 | | the facility's management, financing, or operation. | 20 | | (4) Details of any private equity backing of the | 21 | | facility. | 22 | | (5) All income and expenses related to the business | 23 | | entity in question, from gross and net revenues to gross | 24 | | and net expenses, including, but not limited to, any | 25 | | expenses paid to management companies regarding the real | 26 | | property. |
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| 1 | | (6) In a form that protects the privacy rights of | 2 | | residents, the facility's spending relating to Medicaid | 3 | | and Medicare and the amounts of State and federal funds | 4 | | received or spent by the facility. | 5 | | (c) The disclosure required under subsection (b) shall be | 6 | | filed with the Department of Healthcare and Family Services' | 7 | | Bureau of Health Finance within 90 days after the end of each | 8 | | fiscal year. | 9 | | (d) This Section only applies to a facility that is leased | 10 | | or rented by its owner to a related party of the owner. ".
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