Full Text of SB1765 103rd General Assembly
SB1765 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1765 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: |
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Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a
list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a
list of distressed facilities based on specified criteria.
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| | A BILL FOR |
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| 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 | 5 | | changing Section 3-304.2 as follows: | 6 | | (210 ILCS 45/3-304.2) | 7 | | Sec. 3-304.2. Designation of distressed facilities. | 8 | | (a) (Blank). By May 1, 2011, and quarterly thereafter, the | 9 | | Department shall generate and publish quarterly a
list of | 10 | | distressed facilities. Criteria for inclusion of certified | 11 | | facilities on the list shall be those used by the U.S. General | 12 | | Accounting Office in report 9-689, until such time as the | 13 | | Department by rule modifies the criteria. | 14 | | (b) (Blank). In deciding whether and how to modify the | 15 | | criteria used by the General Accounting Office, the Department | 16 | | shall complete a test run of any substitute criteria to | 17 | | determine their reliability by comparing the number of | 18 | | facilities identified as distressed against the number of | 19 | | distressed facilities generated using the criteria contained | 20 | | in the General Accounting Office report. The Department may | 21 | | not adopt substitute criteria that generate fewer facilities | 22 | | with a distressed designation than are produced by the General | 23 | | Accounting Office criteria during the test run. |
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| 1 | | (b-5) The Department shall, by rule, adopt criteria to | 2 | | identify distressed facilities and shall publish a
list of | 3 | | distressed facilities quarterly. No facility shall be | 4 | | identified as a distressed facility unless it has committed a | 5 | | violation or deficiency that has harmed a resident. | 6 | | (c) The Department shall, by rule, adopt criteria to | 7 | | identify non-Medicaid-certified facilities that are distressed | 8 | | and shall publish this list quarterly beginning October 1, | 9 | | 2011. | 10 | | (d) The Department shall notify each facility of its | 11 | | distressed designation, and of the calculation on
which it is | 12 | | based. | 13 | | (e) A distressed facility may contract with an independent | 14 | | consultant meeting criteria established by
the Department. If | 15 | | the distressed facility does not seek the assistance of an | 16 | | independent
consultant, the Department shall place a monitor | 17 | | or a temporary manager in the facility, depending
on the | 18 | | Department's assessment of the condition of the facility. | 19 | | (f) Independent consultant. A facility that has been | 20 | | designated a distressed facility may
contract with an | 21 | | independent consultant to develop and assist in the
| 22 | | implementation of a plan of improvement to bring and keep
the | 23 | | facility in compliance with this Act and, if applicable, with | 24 | | federal certification
requirements. A facility that contracts | 25 | | with an independent consultant
shall have 90 days to develop a | 26 | | plan of improvement and demonstrate a
good faith effort at |
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| 1 | | implementation, and another 90 days to achieve compliance
and | 2 | | take whatever additional actions are called for in the | 3 | | improvement plan
to maintain compliance. A facility that the | 4 | | Department determines has a plan
of improvement likely to | 5 | | bring and keep the facility in compliance
and that has | 6 | | demonstrated good faith efforts at implementation
within the | 7 | | first 90 days may be eligible to receive a grant under the | 8 | | Equity
in Long-term Care Quality Act to assist it in achieving | 9 | | and maintaining compliance.
In this subsection, "independent" | 10 | | consultant means an individual who has no professional or
| 11 | | financial relationship with the facility, any person with a | 12 | | reportable ownership
interest in the facility, or any related | 13 | | parties. In this subsection, "related parties" has the
meaning | 14 | | attributed to it in the instructions for completing Medicaid | 15 | | cost reports. | 16 | | (f-5) Monitor and temporary managers. A distressed | 17 | | facility that does not contract with a consultant shall be | 18 | | assigned a monitor or a temporary manager at the Department's | 19 | | discretion. The cost of the temporary manager shall be paid by | 20 | | the facility. The temporary manager shall have the authority | 21 | | determined by the Department, which may grant the temporary | 22 | | manager any or all of the authority a court may grant a | 23 | | receiver. The temporary manager may apply to the Equity in | 24 | | Long-term Care Quality Fund for grant funds to implement the | 25 | | plan of improvement. | 26 | | (g) The Department shall by rule establish a mentor |
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| 1 | | program for owners of distressed facilities. | 2 | | (h) The Department shall by rule establish sanctions (in | 3 | | addition to those authorized elsewhere in this Article) | 4 | | against distressed facilities that are not in compliance with | 5 | | this Act and (if applicable) with federal certification | 6 | | requirements. Criteria for imposing sanctions shall take into | 7 | | account a facility's actions to address the violations and | 8 | | deficiencies that caused its designation as a distressed | 9 | | facility, and its compliance with this Act and with federal | 10 | | certification requirements (if applicable), subsequent to its | 11 | | designation as a distressed facility, including mandatory | 12 | | revocations if criteria can be agreed upon by the Department, | 13 | | resident advocates, and representatives of the nursing home | 14 | | profession. By February 1, 2011, the Department shall report | 15 | | to the General Assembly on the results of negotiations about | 16 | | creating criteria for mandatory license revocations of | 17 | | distressed facilities and make recommendations about any | 18 | | statutory changes it believes are appropriate to protect the | 19 | | health, safety, and welfare of nursing home residents. | 20 | | (i) The Department may establish by rule criteria for | 21 | | restricting the owner of a facility on the distressed list | 22 | | from acquiring additional skilled nursing facilities.
| 23 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
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