Full Text of SB1283 97th General Assembly
SB1283 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1283 Introduced 2/8/2011, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 210 ILCS 45/3-110 | from Ch. 111 1/2, par. 4153-110 | 210 ILCS 47/3-110 | |
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Amends the Nursing Home Care Act and the MR/DD Community Care Act to delete the provisions allowing for licensure for a period of 2 years for
facilities operating pursuant to the respective Acts.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health facilities.
| 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 changing | 5 | | Section 3-110 as follows:
| 6 | | (210 ILCS 45/3-110) (from Ch. 111 1/2, par. 4153-110)
| 7 | | Sec. 3-110.
(a) Any license granted by the Director shall | 8 | | state the
maximum
bed capacity for which it is granted, the | 9 | | date the license was issued,
and the expiration date. Such | 10 | | Except as provided in subsection (b), such
licenses shall | 11 | | normally be issued for a
period of one year. However, the | 12 | | Director may issue licenses or renewals
for periods of not less | 13 | | than 6 months nor more than 18 months for
facilities with | 14 | | annual licenses and not less than 18 months nor more than
30 | 15 | | months for facilities with 2-year licenses in order to
| 16 | | distribute the expiration dates of such licenses throughout the | 17 | | calendar
year, and fees for such licenses shall be prorated on | 18 | | the basis of the
portion of a year for which they are issued. | 19 | | Each license shall be issued
only for the premises and persons | 20 | | named in the application and shall not be
transferable or | 21 | | assignable.
| 22 | | The Department shall require the licensee to comply with | 23 | | the requirements
of a court order issued under Section 3-515, |
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| 1 | | as a condition of licensing.
| 2 | | (b) (Blank) A license for a period of 2 years shall be | 3 | | issued to a
facility if the facility:
| 4 | | (1) has not received a Type A violation within the last | 5 | | 24 months;
| 6 | | (2) has not received a Type B violation within the last | 7 | | 24 months;
| 8 | | (3) has not had an inspection, survey, or evaluation | 9 | | that resulted
in the issuance of 10 or more administrative | 10 | | warnings in the last 24 months;
| 11 | | (4) has not had an inspection, survey, or evaluation | 12 | | that resulted
in an administrative warning issued for a | 13 | | violation of Sections 3-401
through 3-413 in the last 24 | 14 | | months;
| 15 | | (5) has not been issued an order to reimburse a | 16 | | resident for a
violation of Article II under subsection (6) | 17 | | of Section 3-305 in the last 24 months; and
| 18 | | (6) has not been subject to sanctions or | 19 | | decertification for
violations in relation to patient care | 20 | | of a facility under Titles
XVIII and XIX of the federal | 21 | | Social Security Act within the last 24 months.
| 22 | | If a facility with a 2-year license fails to meet the | 23 | | conditions
in items (1) through (6) of this subsection, in
| 24 | | addition to any other sanctions that may be applied by the | 25 | | Department
under this Act, the facility's 2-year license shall | 26 | | be replaced by a
one-year license until such time as the |
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| 1 | | facility again meets the conditions in
items (1) through (6) of | 2 | | this subsection .
| 3 | | (Source: P.A. 87-549; 87-1102.)
| 4 | | Section 10. The MR/DD Community Care Act is amended by | 5 | | changing Section 3-110 as follows: | 6 | | (210 ILCS 47/3-110)
| 7 | | Sec. 3-110. Contents and period of license.
| 8 | | (a) Any license granted by the Director shall state the | 9 | | maximum bed capacity for which it is granted, the date the | 10 | | license was issued, and the expiration date. Such Except as | 11 | | provided in subsection (b), such licenses shall normally be | 12 | | issued for a period of one year. However, the Director may | 13 | | issue licenses or renewals for periods of not less than 6 | 14 | | months nor more than 18 months for facilities with annual | 15 | | licenses and not less than 18 months nor more than 30 months | 16 | | for facilities with 2-year licenses in order to distribute the | 17 | | expiration dates of such licenses throughout the calendar year, | 18 | | and fees for such licenses shall be prorated on the basis of | 19 | | the portion of a year for which they are issued. Each license | 20 | | shall be issued only for the premises and persons named in the | 21 | | application and shall not be transferable or assignable. | 22 | | The Department shall require the licensee to comply with | 23 | | the requirements of a court order issued under Section 3-515, | 24 | | as a condition of licensing. |
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| 1 | | (b) (Blank) A license for a period of 2 years shall be | 2 | | issued to a facility if the facility: | 3 | | (1) has not received a Type "A" violation within the
| 4 | | last 24 months; | 5 | | (2) has not received a Type "B" violation within the
| 6 | | last 24 months; | 7 | | (3) has not had an inspection, survey, or evaluation
| 8 | | that resulted in the issuance of 10 or more administrative | 9 | | warnings in the last 24 months; | 10 | | (4) has not had an inspection, survey, or evaluation
| 11 | | that resulted in an administrative warning issued for a | 12 | | violation of Sections 3-401 through 3-413 in the last 24 | 13 | | months; | 14 | | (5) has not been issued an order to reimburse a
| 15 | | resident for a violation of Article II under subsection (6) | 16 | | of Section 3-305 in the last 24 months; and | 17 | | (6) has not been subject to sanctions or
| 18 | | decertification for violations in relation to patient care | 19 | | of a facility under Titles XVIII and XIX of the federal | 20 | | Social Security Act within the last 24 months. | 21 | | If a facility with a 2-year license fails to meet the | 22 | | conditions in items (1) through (6) of this subsection, in | 23 | | addition to any other sanctions that may be applied by the | 24 | | Department under this Act, the facility's 2-year license shall | 25 | | be replaced by a one year license until such time as the | 26 | | facility again meets the conditions in items (1) through (6) of |
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| 1 | | this subsection .
| 2 | | (Source: P.A. 96-339, eff. 7-1-10 .)
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