SB1471sam001 102ND GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 4/8/2021

10200SB1471sam001 LRB102 11249 CPF 24494 a

AMENDMENT TO SENATE BILL 1471

AMENDMENT NO. ______. Amend Senate Bill 1471 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Outbreak Preparedness Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"Facility" means a private or public home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill that provides, through its ownership or management, personal care, sheltered care, or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. "Facility" includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the federal Social Security Act and homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs.

"Facility" does not include the following:

(1) A home, institution, or other place operated by the federal government or an agency thereof.

(2) A hospital, sanitarium, or other institution whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as an organized facility therefor, and that is required to be licensed under the Hospital Licensing Act.

(3) Any facility for child care as defined in Section 2.05 of the Child Care Act of 1969.

(4) Any Community Living Facility as defined in Section 3 of the Community Living Facilities Licensing Act.

(5) Any nursing home or sanatorium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. However, the nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety.

(6) A medical foster home, as defined in 38 CFR 17.73, that is under the oversight of the United States Department of Veterans Affairs.

Section 10. Infectious disease outbreak procedures. A facility shall create procedures for limiting the spread of an infectious disease outbreak, conduct training for all facility personnel, including contractors, and conduct yearly outbreak safety drills.

Section 15. Emergency rulemaking. To provide for the expeditious and timely implementation of this Act, emergency rules to implement any provision of this Act may be adopted by the Department subject to the provisions of Section 5-45 of the Illinois Administrative Procedure Act.

Section 80. The Illinois Administrative Procedure Act is amended by adding Section 5-45.8 as follows:

(5 ILCS 100/5-45.8 new)

Sec. 5-45.8. Emergency rulemaking; Outbreak Preparedness Act. To provide for the expeditious and timely implementation of the Outbreak Preparedness Act, emergency rules implementing the Outbreak Preparedness Act may be adopted in accordance with Section 5-45 by the Department of Public Health. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 1, 2027.

Section 99. Effective date. This Act takes effect upon becoming law.".