Illinois General Assembly - Full Text of SB3115
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Full Text of SB3115  103rd General Assembly


Sen. Julie A. Morrison

Filed: 3/21/2024





10300SB3115sam002LRB103 36794 CES 71289 a


2    AMENDMENT NO. ______. Amend Senate Bill 3115 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Nursing Home Care Act is amended by
5changing Sections 3-112, 3-113, and 3-114 as follows:
6    (210 ILCS 45/3-112)  (from Ch. 111 1/2, par. 4153-112)
7    Sec. 3-112. (a) Whenever ownership of a facility is
8transferred from the person named in the license to any other
9person, the transferee must obtain a new probationary license.
10The transferee shall notify the Department of the transfer and
11apply for a new license at least 30 days prior to final
13    (b) The transferor shall notify the Department at least 30
14days prior to final transfer. The transferor shall remain
15responsible for the operation of the facility until such time
16as a license is issued to the transferee.



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1    (c) The transferee shall submit to the Department, at the
2same time as notice to the Department of the transfer, a
3transition plan signed by both the transferee and the
4transferor that includes, at a minimum, a detailed explanation
5of how resident care and appropriate staffing levels shall be
6maintained until the license has been obtained and the
7transfer of the facility operations occurs and an explanation
8of how resident care and appropriate staffing levels shall be
9maintained after the license has been obtained and the
10transfer of the facility operations occurs. The transition
11plan shall cover the time period of 10 days before the transfer
12is to take place and 10 days after the transfer is complete.
13The transition plan shall be signed by the transferee and the
14transferor. The transferee and the transferor shall coordinate
15as necessary to ensure that there are no gaps in care,
16staffing, and safety during the transition period.
17    The Department shall approve or deny the transition plan
18within 15 days after submission. If the Department denies the
19transition plan, the Department shall work with the transferee
20and the transferor to bring the transition plan into
21compliance with this subsection. A denial of the transition
22plan is not grounds for the Department to deny a change of
23ownership application.
24(Source: P.A. 98-756, eff. 7-16-14.)
25    (210 ILCS 45/3-113)  (from Ch. 111 1/2, par. 4153-113)



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1    Sec. 3-113. (a) The license granted to the transferee
2shall be subject to the plan of correction submitted by the
3previous owner and approved by the Department and any
4conditions contained in a conditional license issued to the
5previous owner. If there are outstanding violations and no
6approved plan of correction has been implemented, the
7Department may issue a conditional license and plan of
8correction as provided in Sections 3-311 through 3-317. The
9license granted to a transferee for a facility that is in
10receivership shall be subject to any contractual obligations
11assumed by a grantee under the Equity in Long-term Care
12Quality Act and to the plan submitted by the receiver for
13continuing and increasing adherence to best practices in
14providing high-quality nursing home care, unless the grant is
15repaid, under conditions to be determined by rule by the
16Department in its administration of the Equity in Long-term
17Care Quality Act.
18    (b) Failure to follow the transition plan and ensure
19residents are provided adequate care after a change in
20ownership shall be considered a high-risk designation under
21subsection (9) of Section 3-305 by the Department if harm to a
22resident is found. The transferee is liable for all high-risk
23designation penalties assessed against the facility regarding
24the transition plan from the transfer of ownership to 10 days
25after the transfer is complete.
26(Source: P.A. 96-1372, eff. 7-29-10.)



10300SB3115sam002- 4 -LRB103 36794 CES 71289 a

1    (210 ILCS 45/3-114)  (from Ch. 111 1/2, par. 4153-114)
2    Sec. 3-114. The transferor shall remain liable for all
3penalties assessed against the facility which are imposed for
4violations occurring prior to transfer of ownership. Failure
5to follow the transition plan and ensure residents are
6provided adequate care before a change in ownership shall be
7considered a high-risk designation under subsection (9) of
8Section 3-305 by the Department if harm to a resident is found.
9(Source: P.A. 81-223.)".