Full Text of HB0149 96th General Assembly
HB0149 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0149
Introduced 1/14/2009, by Rep. Greg Harris SYNOPSIS AS INTRODUCED: |
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Amends the Nursing Home Care Act. Changes the definition of "affiliate" and adds definitions of "affected party" and "controlling entity". Adds items that must be contained in an application for a license under the Act. Provides that in determining whether to grant or renew a license, the Department of Public Health shall consider the record of the applicant and others. Provides for a public hearing in connection with a license application. Authorizes the Director of Public health to impose conditions on probationary or other licenses. Makes changes concerning a transfer of ownership, denial of a license application, and other matters. Effective immediately.
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A BILL FOR
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HB0149 |
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LRB096 03858 DRJ 13892 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Nursing Home Care Act is amended by changing | 5 |
| Sections 1-106, 3-103, 3-108, 3-109, 3-112, 3-116, 3-117, | 6 |
| 3-118, 3-207, 3-208, 3-209, 3-213, 3-304.1, and 3-704 and by | 7 |
| adding Sections 1-105.5, 1-108.5, 3-103.5, 3-103.10, and | 8 |
| 3-109.5 as follows: | 9 |
| (210 ILCS 45/1-105.5 new) | 10 |
| Sec. 1-105.5. Affected party. "Affected party" means any | 11 |
| resident in a facility that is the subject of a licensing | 12 |
| application, any immediate family, guardian, or representative | 13 |
| of such a resident, any person performing work in a facility | 14 |
| that is the subject of a licensing application, any entity that | 15 |
| represents persons performing work in a long-term care facility | 16 |
| or facilities in this or any other State, and any consumer | 17 |
| organization that engages in advocacy or legal representation | 18 |
| on behalf of residents and their immediate families.
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| (210 ILCS 45/1-106) (from Ch. 111 1/2, par. 4151-106)
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| Sec. 1-106. Affiliate. "Affiliate" means: any person, | 21 |
| entity, or facility with which a facility, applicant, or | 22 |
| licensee is under common ultimate control; any person, entity, |
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| or facility over which a facility, applicant, or licensee, as | 2 |
| applicable, exercises control, either directly or indirectly | 3 |
| through any number of intermediate persons or entities; and any | 4 |
| person, entity, or facility in which a facility, applicant, or | 5 |
| licensee has any ownership interest, whether that interest is | 6 |
| held directly or indirectly through any number of intermediate | 7 |
| persons or entities. | 8 |
| "Affiliate" also means: | 9 |
| (1) With respect to a partnership, each partner thereof.
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| (2) With respect to a corporation, each officer, director | 11 |
| and stockholder thereof.
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| (2.5) With respect to a company, each officer, director, | 13 |
| member, and manager
thereof. | 14 |
| (3) With respect to a natural person: any person related in | 15 |
| the first
degree of kinship to that person; each partnership | 16 |
| and each partner thereof
of which that person or any affiliate | 17 |
| of that person is a partner; and each
corporation in which that | 18 |
| person or any affiliate of that person is an officer,
director | 19 |
| or stockholder.
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| Two or more persons, entities, facilities, applicants, or | 21 |
| licensees are "affiliated" if they are affiliates with respect | 22 |
| to each other. | 23 |
| In cases of a transfer of ownership, "affiliate" or | 24 |
| "affiliated" includes any person or entity that will be an | 25 |
| affiliate of the facility, applicant, or licensee, as | 26 |
| applicable, following the proposed transaction. |
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| (Source: P.A. 81-223.)
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| (210 ILCS 45/1-108.5 new) | 3 |
| Sec. 1-108.5. Controlling entity. "Controlling entity" | 4 |
| means: | 5 |
| (1) Any person or entity that exercises or has the | 6 |
| authority, whether by contract, by virtue of an ownership | 7 |
| interest, or otherwise, to direct or manage any aspect of | 8 |
| the operation, management, or policy-setting for a | 9 |
| facility, whether that control is held or exercised | 10 |
| directly or indirectly through any number of employees, | 11 |
| agents, or intermediate entities. | 12 |
| (2) Any person or entity that owns a partnership share | 13 |
| in a facility, licensee, or applicant, as applicable, | 14 |
| whether that share is held directly or indirectly through | 15 |
| any number of intermediate persons or entities. | 16 |
| (3) Any person or entity that owns an interest of 5% or | 17 |
| more in a facility, licensee, or applicant, as applicable, | 18 |
| whether that interest is held directly or indirectly | 19 |
| through any number of intermediate persons or entities, and | 20 |
| whether that interest is held in the form of an equity | 21 |
| share or shares, a membership interest, or in any other | 22 |
| form or vehicle. | 23 |
| (4) Any person or entity that owns any partnership | 24 |
| share or any interest of 5% or more in any other | 25 |
| controlling entity, in the real estate or building on or in |
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| which a facility is located, or in any lease or sublease of | 2 |
| the real estate, building, or other property comprising a | 3 |
| facility, whether that share or interest is held directly | 4 |
| or indirectly through any number of intermediate persons or | 5 |
| entities. | 6 |
| (5) Any person or entity that provides financing for | 7 |
| the facility or that owns an interest in a mortgage, deed | 8 |
| of trust, note, or other obligation secured in whole or in | 9 |
| part by the facility or by any property or assets thereof, | 10 |
| whether that interest is held directly or indirectly | 11 |
| through any number of intermediate persons or entities, | 12 |
| provided that the value of the interest owned by the person | 13 |
| or entity is equal to or exceeds 5% of the value of the | 14 |
| property or assets used as security. | 15 |
| (6) Any person or entity that provides or is expected | 16 |
| to provide services of any type to the facility and that is | 17 |
| related in any way to the facility, any affiliate, or any | 18 |
| controlling entity, by means including, but not limited to, | 19 |
| common directors, officers, executives, partners, members | 20 |
| or members or some degree of common ownership or control, | 21 |
| whether direct or indirect. | 22 |
| "Controlling entity" does not include an individual State | 23 |
| official or State employee or a member or employee of the | 24 |
| governing body of a political subdivision of the State that | 25 |
| operates one or more facilities, unless the individual is also | 26 |
| an officer or director of a facility, receives any remuneration |
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| from a facility, or owns any of the beneficial interests not | 2 |
| excluded in this definition. | 3 |
| In cases of a transfer of ownership, "controlling entity" | 4 |
| includes any person or entity that will be a controlling entity | 5 |
| following the proposed transaction.
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| (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
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| Sec. 3-103. Application for license. The procedure for | 8 |
| obtaining a valid license shall be as follows:
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| (1) Application to operate a facility shall be made to
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| the Department on forms furnished by the Department.
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| (2)
All license applications shall be accompanied with | 12 |
| an application fee.
The fee
for an annual license shall be | 13 |
| $995. Facilities that pay a fee or assessment pursuant to | 14 |
| Article V-C of the Illinois Public Aid Code shall be exempt | 15 |
| from the license fee imposed under this item (2). The fee | 16 |
| for a 2-year
license shall be double the fee for the annual | 17 |
| license set forth in the
preceding sentence. The
fees | 18 |
| collected
shall be deposited with the State Treasurer into | 19 |
| the Long Term Care
Monitor/Receiver Fund, which has been | 20 |
| created as a special fund in the State
treasury.
This | 21 |
| special fund is to be used by the Department for expenses | 22 |
| related to
the appointment of monitors and receivers as | 23 |
| contained in Sections 3-501
through 3-517 of this Act and | 24 |
| for implementation of the Abuse Prevention Review Team Act. | 25 |
| At the end of each fiscal year, any funds in excess of
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| $1,000,000 held in the Long Term Care Monitor/Receiver Fund | 2 |
| shall be
deposited in the State's General Revenue Fund. The | 3 |
| application shall be under
oath and the submission of false | 4 |
| or misleading information shall be a Class
A misdemeanor. | 5 |
| The application shall contain the following information:
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| (a) The name and address of the applicant if an | 7 |
| individual, and if a firm,
partnership, or | 8 |
| association, of every member thereof, and in the case | 9 |
| of
a corporation, the name and address thereof and of | 10 |
| its officers and its
registered agent, and in the case | 11 |
| of a unit of local government, the name
and address of | 12 |
| its chief executive officer;
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| (b) The name and location of the facility for which | 14 |
| a license is sought;
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| (c) The name of the person or persons under whose | 16 |
| management or
supervision
the facility will be | 17 |
| conducted;
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| (d) The name and professional background of all key | 19 |
| personnel at the facility, as that term is defined by | 20 |
| the Department in regulations; | 21 |
| (e) The name of each affiliate of the facility and | 22 |
| each affiliate of the applicant and proposed licensee, | 23 |
| together with a description of each affiliate's | 24 |
| relationship to the facility, to the applicant and | 25 |
| proposed licensee, and to other affiliates, if | 26 |
| applicable, and a list of any facilities, whether in |
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| this State or in any other state, in which any | 2 |
| affiliate has held a direct or indirect partnership | 3 |
| interest or a direct or indirect ownership interest of | 4 |
| 5% or more during the previous 5 years; | 5 |
| (f) The name of each controlling entity for the | 6 |
| facility and each controlling entity for the applicant | 7 |
| and proposed licensee, together with a description of | 8 |
| each controlling entity's relationship to the | 9 |
| facility, to the applicant and proposed licensee, and | 10 |
| to other controlling entities, if applicable, and a | 11 |
| list of any facilities, whether in this State or in any | 12 |
| other state, in which any controlling entity has held a | 13 |
| direct or indirect partnership interest or a direct or | 14 |
| indirect ownership interest of 5% or more during the | 15 |
| previous 5 years; | 16 |
| (g) Three years of detailed past financial data for | 17 |
| the facility and for the applicant and proposed | 18 |
| licensee, including, but not limited to, separate line | 19 |
| items for nurse staffing and for employee benefit | 20 |
| costs; | 21 |
| (h) Three years of detailed financial projections | 22 |
| for the facility and for the applicant and proposed | 23 |
| licensee, including, but not limited to, separate line | 24 |
| items for nurse and for nursing assistant staffing and | 25 |
| for employee benefit costs, together with an | 26 |
| explanation of all assumptions made, an analysis |
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| comparing the past and projected data, and an | 2 |
| explanation of any significant changes or | 3 |
| discrepancies between the past and projected data;
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| (i) (d) The number and type of residents for which | 5 |
| maintenance, personal care,
or nursing is to be | 6 |
| provided; and
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| (j) (e) Such information relating to the number, | 8 |
| experience, and training
of the employees of the | 9 |
| facility, any management agreements for the operation
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| of the facility, and of the moral character of the | 11 |
| applicant and employees
as the Department may deem | 12 |
| necessary ; . | 13 |
| (k) For the previous 3 years, all inspection | 14 |
| reports and complaint investigation reports for the | 15 |
| facility, for any other facilities in which a | 16 |
| controlling entity has held a direct or indirect | 17 |
| partnership interest or a direct or indirect ownership | 18 |
| interest of 5% or more during the previous 3 years, and | 19 |
| for any affiliated facilities; | 20 |
| (l) For the previous 3 years, average annual nurse | 21 |
| staffing hours per resident per day (including | 22 |
| information with respect to agency and contract | 23 |
| staff), determined based on payroll data, with the | 24 |
| actual payroll data submitted only upon request, | 25 |
| unless such data is not available, in which case | 26 |
| staffing data as reported on the U.S. Department of |
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| Health and Human Services "Nursing Home Compare" | 2 |
| website may be substituted, and broken down by staff | 3 |
| classification (RN, LVN or LPN, and C.N.A.) and between | 4 |
| employee, agency, and contract staff, for the facility | 5 |
| and for any other facilities in which a controlling | 6 |
| entity has held a direct or indirect partnership share | 7 |
| or a direct or indirect ownership interest of 5% or | 8 |
| more during the previous 3 years, and for any | 9 |
| affiliated facilities, unless such data is not | 10 |
| available; | 11 |
| (m) Three years of past data and 3 years of | 12 |
| projected data regarding payer mix in terms of | 13 |
| Medicare, Medicaid, private pay, or any other payment | 14 |
| method; | 15 |
| (n) Data regarding staff turnover during the | 16 |
| preceding 3 years and any projections related to staff | 17 |
| turnover; | 18 |
| (o) Any operational covenants required by any | 19 |
| entities providing financing for the facility or for a | 20 |
| change-of-ownership transaction; | 21 |
| (p) Service agreements entered into with or | 22 |
| expected to be entered into with, or the likely or | 23 |
| expected terms of agreements to be entered into with, | 24 |
| persons or entities identified pursuant to paragraph | 25 |
| (6) of Section 1-108.5 and subdivision (2)(f) of this | 26 |
| Section; |
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| (q) In case of a transfer of ownership, and in | 2 |
| other cases when determined by the Department to be | 3 |
| appropriate, a list identifying and providing a | 4 |
| description of all of the following for the facility, | 5 |
| for any other facilities in which a person or entity | 6 |
| that will be a controlling entity following the | 7 |
| transfer has held a direct or indirect partnership | 8 |
| share or direct or indirect ownership interest of 5% or | 9 |
| more during the previous 5 years, and for any | 10 |
| affiliated facilities that will be affiliated | 11 |
| following the transfer, for the previous 5 years: | 12 |
| (i) bankruptcies; | 13 |
| (ii) facility closures, whether voluntary or | 14 |
| involuntary; | 15 |
| (iii) receiver appointments; | 16 |
| (iv) denials, suspensions, or revocations of | 17 |
| any license, permit, or certificate of need; | 18 |
| (v) injunctions issued in proceedings against | 19 |
| the facility initiated by a federal or State | 20 |
| regulatory agency; | 21 |
| (vi) audits (not including internal audits), | 22 |
| investigations, or fines related to the receipt or | 23 |
| use of federal or state funds; and | 24 |
| (vii) administrative, civil, or criminal | 25 |
| proceedings involving the facility related to | 26 |
| quality of care, residents' rights, professional |
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| negligence, or wrongful death, that resulted in a | 2 |
| final judgment or order or a judgment or order | 3 |
| currently on appeal; | 4 |
| (r) Any forward-looking plans or projections | 5 |
| (including, in case of a transfer of ownership, any | 6 |
| plans or projections prepared in connection with the | 7 |
| transaction) that relate to hours of care per resident | 8 |
| per day, number of staff, occupancy rates, payer mix, | 9 |
| or any other criteria that could affect quality of care | 10 |
| as determined by the Department in regulations, | 11 |
| together with an explanation for any assumptions made | 12 |
| in preparing the projections; and | 13 |
| (s) In case of a transfer of ownership, a detailed | 14 |
| description of the proposed transaction, including, | 15 |
| without limitation: | 16 |
| (i) the sources and uses of funds for the | 17 |
| transaction; | 18 |
| (ii) interest rates to be paid on any debt | 19 |
| incurred for purposes of completing the | 20 |
| transaction; | 21 |
| (iii) management or other fees related to the | 22 |
| transaction; | 23 |
| (iv) the projected capital structure of the | 24 |
| facility and any related entities following the | 25 |
| transaction; | 26 |
| (v) any strategic alternatives considered in |
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| connection with the transaction; | 2 |
| (vi) industry analyses considered in | 3 |
| connection with the transaction; | 4 |
| (vii) any operational covenants required by | 5 |
| any entities providing financing for the | 6 |
| transaction; and | 7 |
| (viii) any leases to be entered into in | 8 |
| connection with the transaction. | 9 |
| If any of the information required in connection with | 10 |
| an application cannot be submitted because a facility or | 11 |
| applicant has not existed for the entire relevant period of | 12 |
| time, data shall be submitted for as many years as the | 13 |
| facility, applicant, or proposed licensee, as applicable, | 14 |
| has been in existence.
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| (3) Each initial application shall be accompanied by a | 16 |
| financial
statement setting forth the financial condition | 17 |
| of the applicant and by a
statement from the unit of local | 18 |
| government having zoning jurisdiction over
the facility's | 19 |
| location stating that the location of the facility is not | 20 |
| in
violation of a zoning ordinance. An initial application | 21 |
| for a new facility
shall be accompanied by a permit as | 22 |
| required by the "Illinois Health Facilities
Planning Act". | 23 |
| After the application is approved, the applicant shall
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| advise the Department every 6 months of any changes in the | 25 |
| information
originally provided in the application.
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| (4) The Department may exercise its discretion to |
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| require that the applicant provide any other information | 2 |
| that the Department deems Other information necessary to | 3 |
| determine the identity and qualifications
of an applicant | 4 |
| to operate a facility in accordance with this Act or to | 5 |
| ensure that licensure review adequately protects the | 6 |
| health, welfare, and safety of residents and assures | 7 |
| accountability as stated in Section 3-101. The Department | 8 |
| may promulgate regulations requiring that certain | 9 |
| additional information be provided in every case, or for | 10 |
| certain types of applications, or the Department may | 11 |
| require additional information in connection with any | 12 |
| individual application if necessary for the reasons | 13 |
| described above. Any additional information required by | 14 |
| the Department shall be provided promptly by the applicant | 15 |
| and in compliance with any deadline set by the Department. | 16 |
| (5) Upon submission of a license application, the | 17 |
| applicant shall post notice of its application prominently | 18 |
| in each facility affected by the application. The notice | 19 |
| shall be posted within 5 days of submission of the | 20 |
| application in an area used frequently by facility | 21 |
| residents, and the notice shall state that an application | 22 |
| for license has been submitted, shall identify the | 23 |
| applicant and proposed licensee and the facility affected, | 24 |
| shall describe briefly the nature of the application, shall | 25 |
| provide the World Wide Web address for the Department, and | 26 |
| shall state that a copy of the application may be requested |
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| from the Department by any resident in the facility, by any | 2 |
| immediate family, guardian, or representative of such a | 3 |
| resident, by any person performing work in the facility, by | 4 |
| any entity that represents persons performing work in a | 5 |
| long-term care facility or facilities in this or in any | 6 |
| other State, and by any consumer organization that engages | 7 |
| in advocacy or legal representation on behalf of residents | 8 |
| and their immediate families. | 9 |
| (6) Upon request, the Department shall provide a copy | 10 |
| of a license application, any information submitted in | 11 |
| support of such an application, and any other documents | 12 |
| related to the application, to any affected party who has | 13 |
| requested the information. The Department shall provide | 14 |
| the copy within 10 days of the date the request is | 15 |
| received. The affected party shall pay all costs of | 16 |
| photocopying and transmission. Notwithstanding any other | 17 |
| provision of law, the applicant is entitled to a complete | 18 |
| unredacted copy of the application, except that materials | 19 |
| may be redacted to protect the privacy of individual | 20 |
| nursing home residents or the social security number of any | 21 |
| individual. shall
be included in the application as | 22 |
| required by the Department in regulations.
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| (Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04; 94-931, | 24 |
| eff. 6-26-06.)
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| (210 ILCS 45/3-103.5 new) |
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LRB096 03858 DRJ 13892 b |
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| Sec. 3-103.5. Facility operation. | 2 |
| (a) In determining whether to grant or renew a license | 3 |
| under this Act, the Department shall also consider the record | 4 |
| of the applicant, of any affiliate of the applicant, and of any | 5 |
| controlling entity in operating facilities in this State and in | 6 |
| other states. If the applicant, an affiliate, or a controlling | 7 |
| entity has contracted with another individual or entity to | 8 |
| manage a facility in this State or in another state, the | 9 |
| Department shall consider the record of any such individual or | 10 |
| entity. | 11 |
| (b) If a licensee or applicant enters into or intends to | 12 |
| enter into an agreement with another person or entity for the | 13 |
| management of the facility for which a license is sought under | 14 |
| this Act, that agreement must be submitted to the Department, | 15 |
| and the Department must approve that agreement as a condition | 16 |
| of granting or renewing a license under this Act. The | 17 |
| Department shall adopt rules that establish standards for | 18 |
| approving such agreements. | 19 |
| (c) If a licensee or applicant enters into or intends to | 20 |
| enter into an agreement with another person or entity for the | 21 |
| management of a facility, the latter person or entity shall be | 22 |
| deemed to be the licensee's agent for purposes of liability for | 23 |
| the quality of care provided in the facility. | 24 |
| (210 ILCS 45/3-103.10 new) | 25 |
| Sec. 3-103.10. Public hearing. |
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| (a) Any affected party may request a public hearing on a | 2 |
| license application. Such a request must be submitted to the | 3 |
| Department within 20 days of notice of the application having | 4 |
| been posted in the facility or facilities subject to the | 5 |
| application or within 20 days of notice of the application | 6 |
| having been posted on the Department's World Wide Web site, | 7 |
| whichever is later. | 8 |
| (b) If a public hearing is requested, it shall be held at | 9 |
| least 30 days but no more than 50 days after the date of the | 10 |
| request or after the date that a copy of the application was | 11 |
| provided to the affected party, if requested, whichever is | 12 |
| later. The parties may take discovery as permitted by the rules | 13 |
| governing discovery in civil litigation in this State, | 14 |
| beginning as soon as the request for a hearing is submitted. | 15 |
| The hearing shall otherwise be conducted in accordance with the | 16 |
| procedures stated in Sections 3-704 through 3-713, except that | 17 |
| the hearing shall conclude within 50 days of the date of the | 18 |
| request for a hearing or after the date that a copy of the | 19 |
| application was provided to the affected party, if requested, | 20 |
| whichever is later, and the Director's decision following a | 21 |
| hearing under this Section shall be issued within 30 days of | 22 |
| completion of the hearing. | 23 |
| (c) In case of a transfer of ownership, an affected party | 24 |
| may request a public hearing to take place under subsection (b) | 25 |
| before a decision whether to issue a probationary license is | 26 |
| made, or may request that a public hearing take place following |
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| the inspection described in Section 3-116, or both. The parties | 2 |
| may take discovery as permitted by the rules governing | 3 |
| discovery in civil litigation in this State, beginning as soon | 4 |
| as the request for a hearing is submitted. The hearing shall | 5 |
| otherwise be conducted in accordance with the procedures stated | 6 |
| in Sections 3-704 through 3-713, except that if the hearing is | 7 |
| one requested to take place following the inspection described | 8 |
| in Section 3-116, the hearing shall conclude at least 30 days | 9 |
| before the expiration of the probationary license and the | 10 |
| Director's decision following a hearing shall be issued at | 11 |
| least 5 days before the expiration of the probationary license. | 12 |
| (d) Following a hearing under subsection (b) or subsection | 13 |
| (c), and before the Director's decision, the parties may submit | 14 |
| briefs to the Department. | 15 |
| (e) Any affected party who appeared for the hearing may | 16 |
| seek judicial review under Section 3-713 and under the | 17 |
| Administrative Review Law. | 18 |
| (f) A public hearing need not be held under this Section in | 19 |
| case of a transfer of ownership if 3 or fewer facilities in | 20 |
| total, located in any state or states, will be affected by the | 21 |
| entire transaction at issue, including all related | 22 |
| transactions. In such cases, written comments may be submitted | 23 |
| by any affected party and shall be considered by the Department | 24 |
| before its decision is made.
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| (210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108)
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| Sec. 3-108. Cooperation with State agencies and officers. | 2 |
| The Department shall coordinate the functions within State
| 3 |
| government affecting facilities licensed under this Act and | 4 |
| shall cooperate
with other State agencies which establish | 5 |
| standards or requirements for
facilities to assure necessary, | 6 |
| equitable, and consistent State supervision
of licensees | 7 |
| without unnecessary duplication of survey, evaluation, and
| 8 |
| consultation services or complaint investigations. The | 9 |
| Department shall
cooperate with the Department of Human | 10 |
| Services in regard to facilities
containing more than 20%
of | 11 |
| residents for whom the Department of Human Services has | 12 |
| mandated
follow-up responsibilities under the Mental Health | 13 |
| and Developmental
Disabilities
Administrative Act. The | 14 |
| Department shall cooperate with the Secretary of State to | 15 |
| ensure necessary, equitable, and consistent State supervision | 16 |
| of licensees and other individuals or entities with a financial | 17 |
| interest in the ownership or operation of a facility without | 18 |
| unnecessary duplication of survey, evaluation, and | 19 |
| consultation services or complaint investigations.
| 20 |
| The Department shall cooperate with the Department of | 21 |
| Healthcare and Family Services in regard
to facilities where | 22 |
| recipients of public aid are residents.
| 23 |
| The Department shall immediately refer to the Department of | 24 |
| Professional
Regulation for investigation any credible | 25 |
| evidence of which it has knowledge
that an individual licensed | 26 |
| by that Department has violated this Act or any
rule issued |
|
|
|
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| under this Act.
| 2 |
| The Department shall enter into agreements with other State | 3 |
| Departments,
agencies or commissions to effectuate the purpose | 4 |
| of this Section.
| 5 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 6 |
| (210 ILCS 45/3-109) (from Ch. 111 1/2, par. 4153-109)
| 7 |
| Sec. 3-109. Upon receipt and review of an application for a | 8 |
| license
made under this Article and inspection of the applicant | 9 |
| facility under
this Article, the Director may shall issue a | 10 |
| license if he finds :
| 11 |
| (1) the Director finds that the individual applicant , | 12 |
| or the corporation, partnership
or other entity if the | 13 |
| applicant is not an individual , is a person
fit, willing, | 14 |
| and able responsible and suitable to operate or to direct | 15 |
| or participate in the
operation of a facility in a manner | 16 |
| that will provide a proper standard of health care service | 17 |
| for the community, by virtue of financial capacity, | 18 |
| appropriate
business or professional experience, a record | 19 |
| of compliance with lawful
orders of the Department , and | 20 |
| lack of revocation of a license during the
previous 5 | 21 |
| years;
| 22 |
| (1.5) the Director finds that the person or persons | 23 |
| under whose management or supervision the facility will be | 24 |
| conducted, and the key personnel at the facility, have | 25 |
| appropriate experience in managing a facility of the type |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| for which a license is sought and are fit, willing, and | 2 |
| able to operate or to direct or participate in the | 3 |
| operation of a facility in a manner that will provide a | 4 |
| proper standard of health care service for the community, | 5 |
| by virtue of their experience, past records of compliance | 6 |
| with lawful orders of the Department, and past performance | 7 |
| at the facility or other facilities of the same type; | 8 |
| (2) the Director finds that the facility is under the | 9 |
| supervision of an administrator
who is licensed, if | 10 |
| required, under the Nursing Home Administrators Licensing | 11 |
| and Disciplinary Act,
as now or hereafter amended; and | 12 |
| (2.5) the Director approves the management agreement, | 13 |
| if any, under subsection (c) of Section 3-103.5;
| 14 |
| (3) the Director finds that the facility is in | 15 |
| substantial compliance with this Act,
and such other | 16 |
| requirements for a license as the Department by rule may
| 17 |
| establish under this Act ; | 18 |
| (4) the Director finds, having considered all | 19 |
| information submitted in connection with the application, | 20 |
| that the facility is financially and otherwise able, and | 21 |
| intends, to continue in substantial compliance with all of | 22 |
| the requirements of this Act and any regulations | 23 |
| promulgated under this Act; and | 24 |
| (5) the Director finds that all other requirements for | 25 |
| a license established by the Department have been | 26 |
| satisfied .
|
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 2 |
| (210 ILCS 45/3-109.5 new) | 3 |
| Sec. 3-109.5. Conditions. | 4 |
| (a) In addition to the provision for conditional licenses | 5 |
| in Section 3-311, the Director may impose conditions on a | 6 |
| probationary license or on a license issued pursuant to Section | 7 |
| 3-109 in any case in which the Department determines it to be | 8 |
| appropriate to ensure that licensure review adequately | 9 |
| protects the health, welfare, and safety of residents and | 10 |
| assures accountability as stated in Section 3-101. Conditions | 11 |
| may include, but are not limited to, requirements that the | 12 |
| facility provide additional financial or other information | 13 |
| during the period of licensure, that the facility provide the | 14 |
| Department with certain information regarding quality of care | 15 |
| or staffing, that the facility submit to additional, | 16 |
| unannounced inspections, or that the facility meet or maintain | 17 |
| certain requirements regarding quality of care or staffing | 18 |
| during the period of licensure. | 19 |
| (b) Any condition imposed must relate to one of the | 20 |
| purposes for licensure as stated in Section 3-101 or to at | 21 |
| least one of the requirements or standards for licensure as | 22 |
| stated in this Act or in regulations promulgated by the | 23 |
| Department pursuant to this Act. Conditions may be imposed for | 24 |
| no longer than the term of the license. Violation of any | 25 |
| condition imposed is a violation of this Act and conditions may |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| be enforced through the mechanisms in Part 3 of this Article. | 2 |
| (c) The Department shall provide notice in writing to the | 3 |
| applicant, and to any affected party who has requested notice, | 4 |
| immediately upon making the decision to impose any conditions | 5 |
| on licensure. The Department's notice shall include a clear and | 6 |
| concise statement of the conditions, the reasons for their | 7 |
| imposition, and notice of the opportunity for a hearing. If the | 8 |
| applicant or an affected party desires to contest the | 9 |
| conditions, written notice shall be provided to the Department | 10 |
| of a request for a hearing within 10 days after receipt of the | 11 |
| notice of conditions, except that a hearing need not be held if | 12 |
| requested by an affected party in case of a transfer of | 13 |
| ownership if 3 or fewer facilities in total, located in any | 14 |
| state or states, will be affected by the entire transaction at | 15 |
| issue, including all related transactions. If 3 or fewer | 16 |
| facilities will be affected, written comments may be submitted | 17 |
| by any affected party and shall be considered by the Department | 18 |
| in making its final decision. | 19 |
| (d) If a hearing is requested under subsection (c), the | 20 |
| applicant and any affected parties may participate, and the | 21 |
| parties may take discovery as permitted by the rules governing | 22 |
| discovery in civil litigation in this State. The hearing shall | 23 |
| otherwise be conducted in accordance with the procedures stated | 24 |
| in Sections 3-704 through 3-713. Any affected party who | 25 |
| appeared for the hearing may seek judicial review under Section | 26 |
| 3-713 and under the Administrative Review Law.
|
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
| 2 |
| Sec. 3-112. Transfer of ownership or other interest; | 3 |
| license. | 4 |
| (a) Whenever there is a transfer of ownership in a facility | 5 |
| or in a licensee ownership of a facility is transferred from | 6 |
| the
person named in the license to any other person , the | 7 |
| transferee must obtain
a new probationary license. The | 8 |
| transferee shall notify the Department of
the transfer and | 9 |
| apply for a new license at least 120 30 days prior to final | 10 |
| transfer. The transferee must obtain its new probationary | 11 |
| license before the transfer is completed, and the existing | 12 |
| license becomes null and void immediately upon transfer.
| 13 |
| (b) The transferor shall notify the Department at least 120 | 14 |
| 30 days prior
to final transfer. The transferor shall remain | 15 |
| responsible for the operation
of the facility until such time | 16 |
| as a license is issued to the transferree , provided that | 17 |
| nothing in this paragraph shall be understood to relieve the | 18 |
| transferee of its obligation to obtain a new probationary | 19 |
| license before the transfer may be completed .
| 20 |
| (c) The Department shall adopt regulations defining | 21 |
| "transfer of ownership" for purposes of this Section. At a | 22 |
| minimum, "transfer of ownership" shall include any situation in | 23 |
| which the right to control a facility or a licensee is to be | 24 |
| transferred, as well as any situation in which a majority or | 25 |
| controlling minority interest in a facility or in a licensee is |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| to be transferred, whether that interest is held directly or | 2 |
| indirectly through any number of intermediary persons or | 3 |
| entities. | 4 |
| (d) Whenever there is a transfer of ownership in a facility | 5 |
| or in a licensee that does not meet the threshold set by the | 6 |
| Department for a transfer of ownership under subsection (c), | 7 |
| the transferor or transferee shall notify the Department of the | 8 |
| transfer within 14 days after its occurrence. The notification | 9 |
| shall identify by name and address the transferor and the | 10 |
| transferee and shall specify the nature and amount of the | 11 |
| transferred interest. | 12 |
| (e) A monetary penalty may be imposed for any violation of | 13 |
| this Section, with the penalty to be at least $25,000 per | 14 |
| facility per day that the Section is violated. | 15 |
| (Source: P.A. 81-223.)
| 16 |
| (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)
| 17 |
| Sec. 3-116. If the applicant has not been previously | 18 |
| licensed , in the case of a transfer of ownership under Section | 19 |
| 3-112, or if the
facility is not in operation at the time | 20 |
| application is made, the Department
shall issue only a | 21 |
| probationary license. A probationary license shall be
valid for | 22 |
| 120 days unless sooner suspended or revoked under Section | 23 |
| 3-119.
Within 30 days prior to the termination of a | 24 |
| probationary license, and at least 40 days but not more than 60 | 25 |
| days prior to the termination of a probationary license in |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| transfer of ownership cases, the Department
shall fully and | 2 |
| completely inspect the facility . Within 10 days of the | 3 |
| inspection, the Department shall provide a copy of the report | 4 |
| following that inspection to any affected party who has | 5 |
| requested a hearing or a copy of the licensing application. If, | 6 |
| after considering the evidence presented at any hearing, if one | 7 |
| was held, the Director determines that and, if the facility | 8 |
| meets
the applicable requirements for licensure, the | 9 |
| Department shall issue a license under Section
3-109. If the | 10 |
| Department finds that the facility does not meet the | 11 |
| requirements
for licensure but has made substantial progress | 12 |
| toward meeting those requirements,
the license may be renewed | 13 |
| once for a period not to exceed 120 days from
the expiration | 14 |
| date of the initial probationary license. In that case, an | 15 |
| affected party may request that a hearing under Section | 16 |
| 3-103.10 is held before expiration of the renewal period and | 17 |
| before any final decision is made whether to issue a license | 18 |
| under Section 3-109.
| 19 |
| (Source: P.A. 81-223.)
| 20 |
| (210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117)
| 21 |
| Sec. 3-117. An application for a license may be denied for | 22 |
| any of the
following reasons:
| 23 |
| (1) Failure to meet any of the minimum standards set | 24 |
| forth by this
Act or by rules and regulations promulgated | 25 |
| by the Department under this Act.
|
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| (2) Conviction of the applicant, or if the applicant is | 2 |
| a firm,
partnership or association, of any of its members, | 3 |
| or if a corporation,
the conviction of the corporation or | 4 |
| any of its officers or
stockholders, or of the person | 5 |
| designated to manage or supervise the
facility, of a | 6 |
| felony, or of 2 or more misdemeanors involving moral
| 7 |
| turpitude, during the previous 5 years as shown by a | 8 |
| certified copy
of the record of the court of conviction.
| 9 |
| (3) Personnel insufficient in number or unqualified by | 10 |
| training or
experience to properly care for the proposed | 11 |
| number and type of residents.
| 12 |
| (4) Insufficient financial or other resources to | 13 |
| operate and conduct
the facility in accordance with | 14 |
| standards promulgated by the Department
under this Act.
| 15 |
| (5) Revocation , rescission, cancellation, termination, | 16 |
| involuntary suspension, denial, or refused renewal of a | 17 |
| facility license , permit, or certificate of need during the | 18 |
| previous 5 years, if
such prior license was issued to the | 19 |
| individual applicant, a controlling entity, an
owner or | 20 |
| controlling combination of owners of the applicant; or any
| 21 |
| affiliate of the individual applicant or any controlling | 22 |
| person, or any affiliated entity owner of the applicant
and | 23 |
| such individual applicant, controlling owner of the | 24 |
| applicant or
affiliate of the applicant was a controlling | 25 |
| owner of the prior license ;
provided, however, that before | 26 |
| denying the denial of an application for a license pursuant
|
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| to this subsection , the Department must consider whether be | 2 |
| supported by evidence that such prior revocation , | 3 |
| rescission, cancellation, termination, involuntary | 4 |
| suspension, denial, or refused renewal
renders the | 5 |
| applicant unqualified or incapable of meeting or | 6 |
| maintaining
a facility in accordance with the standards and | 7 |
| rules promulgated by the
Department under this Act.
| 8 |
| (6) That the facility is not under the direct | 9 |
| supervision of a full-time
administrator, as defined by | 10 |
| regulation, who is licensed, if required,
under the Nursing | 11 |
| Home Administrators Licensing and Disciplinary Act.
| 12 |
| (7) The applicant or an affiliate or controlling entity | 13 |
| has demonstrated a history of noncompliance, as defined by | 14 |
| the Department in regulations promulgated pursuant to this | 15 |
| Act, with the standards for licensure of long-term care | 16 |
| facilities of any state in which the applicant or | 17 |
| controlling person has or has had long-term care | 18 |
| facilities, or with federal standards for certification of | 19 |
| long-term care facilities. | 20 |
| (8) The applicant or an affiliate or controlling | 21 |
| entity, in current and prior ownership, operation, or | 22 |
| management of long-term care facilities, has not complied | 23 |
| with all lawful orders of suspension, receivership, | 24 |
| temporary management, or administrative penalty issued by | 25 |
| the Department or by other authorities with similar | 26 |
| responsibilities in other states or by the federal Centers |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| for Medicare and Medicaid Services. | 2 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 3 |
| (210 ILCS 45/3-118) (from Ch. 111 1/2, par. 4153-118)
| 4 |
| Sec. 3-118. (a) Immediately upon the denial of any | 5 |
| application or reapplication
for a license under this Article, | 6 |
| the Department shall notify the applicant
in writing. Notice of | 7 |
| denial shall include a clear and concise statement
of the | 8 |
| violations of Section 3-117 on which denial is based and notice | 9 |
| of
the opportunity for a hearing under Section 3-703. If the | 10 |
| applicant desires
to contest the denial of a license, it shall | 11 |
| provide written notice to the
Department of a request for a | 12 |
| hearing within 10 days after receipt of the
notice of denial. | 13 |
| The Department shall commence the hearing under Section 3-703.
| 14 |
| (b) Upon the granting, granting with conditions, or denial | 15 |
| of any application or reapplication for a license under this | 16 |
| Article, the Department shall post notice of its decision on | 17 |
| the World Wide Web within 10 days. The Department shall also | 18 |
| immediately provide written notice to any affected party who | 19 |
| requested a public hearing or a copy of the application. This | 20 |
| written notice shall inform the affected party of the | 21 |
| opportunity for a hearing. If the affected party desires to | 22 |
| contest the Department's decision, it shall provide written | 23 |
| notice to the Department of a request for a hearing within 10 | 24 |
| days after receipt of the notice of the Department's decision, | 25 |
| except that a hearing may not be requested by an affected party |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| in case of a transfer of ownership if 3 or fewer facilities in | 2 |
| total, located in any state or states, will be affected by the | 3 |
| entire transaction at issue, including all related | 4 |
| transactions. If 3 or fewer facilities will be affected, | 5 |
| written comments may be submitted by any affected party and | 6 |
| shall be considered by the Department in making its final | 7 |
| decision. | 8 |
| (c) If a hearing is requested under subsection (b), the | 9 |
| applicant and any affected parties may participate, and the | 10 |
| parties may take discovery as permitted by the rules governing | 11 |
| discovery in civil litigation in this State. The hearing shall | 12 |
| otherwise be conducted in accordance with the procedures stated | 13 |
| in Sections 3-704 through 3-713. The Department may stay its | 14 |
| initial decision upon request for a hearing and upon good cause | 15 |
| shown, as determined by the Department. Any affected party who | 16 |
| appeared for the hearing may seek judicial review under Section | 17 |
| 3-713 and under the Administrative Review Law. | 18 |
| (Source: P.A. 81-223.)
| 19 |
| (210 ILCS 45/3-207) (from Ch. 111 1/2, par. 4153-207)
| 20 |
| Sec. 3-207. Statement of ownership. | 21 |
| (a) As a condition of the issuance or renewal of the | 22 |
| license of
any facility, the applicant shall file a statement | 23 |
| of ownership. The applicant
shall update the information | 24 |
| required in the statement of ownership
within 10 days of any | 25 |
| change.
|
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| (b) The statement of ownership shall include the following:
| 2 |
| (1) The name, address, Social Security Number, telephone | 3 |
| number, occupation or business activity,
business address , and | 4 |
| business telephone number of the person or entity who is the
| 5 |
| owner of the facility , of each affiliate of the facility, | 6 |
| licensee, or applicant, as applicable, and of each controlling | 7 |
| entity for the facility. and every person who owns the building | 8 |
| in which the
facility is located, if other than the owner of | 9 |
| the facility, which is the
subject of the application or | 10 |
| license; and if the owner is a partnership or
corporation, the | 11 |
| name of every partner and stockholder of the owner;
| 12 |
| (1.5) The name, address, telephone number, occupation or | 13 |
| business activity, business address, and business telephone | 14 |
| number of the person who manages the facility that is the | 15 |
| subject of the application or license and every individual or | 16 |
| entity that has any financial interest in the operation of the | 17 |
| facility, if the owner of the facility does not manage the | 18 |
| facility. | 19 |
| (2) The name and address of any facility, wherever located, | 20 |
| any
financial interest in which is owned by the applicant, or | 21 |
| by an affiliate or controlling entity of the applicant or | 22 |
| facility, if the facility were
required to be licensed if it | 23 |
| were located in this State . ;
| 24 |
| (3) Other information necessary to determine the identity | 25 |
| and
qualifications of an applicant or licensee to operate a | 26 |
| facility in
accordance with this Act as required by the |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| Department in regulations.
| 2 |
| (c) The information in the statement of ownership shall be | 3 |
| public
information and shall be available from the Department.
| 4 |
| (Source: P.A. 85-1183.)
| 5 |
| (210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208)
| 6 |
| Sec. 3-208. Financial statement. | 7 |
| (a) Each licensee shall file annually, or more often as
the | 8 |
| Director shall by rule prescribe, an attested financial | 9 |
| statement. The rules shall specify the circumstances under | 10 |
| which a licensee must file an attested financial statement more | 11 |
| frequently than annually as well as the information that must | 12 |
| be included in any such statement and the form and manner of | 13 |
| filing the statement. The Director may require a licensee to | 14 |
| file such a statement as frequently as quarterly.
The Director | 15 |
| may order an audited financial statement
of a particular | 16 |
| facility by an auditor of the Director's choice, provided
the | 17 |
| cost of such audit is paid by the Department.
| 18 |
| (b) No public funds shall be expended for the maintenance | 19 |
| of any
resident in a facility which has failed to file the | 20 |
| financial statement
required under this Section and no public | 21 |
| funds shall be paid to or on
behalf of a facility which has | 22 |
| failed to file a statement.
| 23 |
| (c) The Director of Public Health and the Director of | 24 |
| Healthcare and Family Services
shall promulgate under Sections | 25 |
| 3-801 and 3-802, one set of regulations
for the filing of these |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| financial statements, and shall provide in these
regulations | 2 |
| for forms, required information, intervals and dates of
filing | 3 |
| and such other provisions as they may deem necessary.
| 4 |
| (d) The Director of Public Health and the Director of | 5 |
| Healthcare and Family Services
shall seek the advice and | 6 |
| comments of other State and federal agencies
which require the | 7 |
| submission of financial data from facilities licensed
under | 8 |
| this Act and shall incorporate the information requirements of
| 9 |
| these agencies so as to impose the least possible burden on | 10 |
| licensees.
No other State agency may require submission of | 11 |
| financial data except as
expressly authorized by law or as | 12 |
| necessary to meet requirements of
federal statutes or | 13 |
| regulations. Information obtained under this Section
shall be | 14 |
| made available, upon request, by the Department to any other
| 15 |
| State agency or legislative commission to which such | 16 |
| information is
necessary for investigations or required for the | 17 |
| purposes of State or
federal law or regulation.
| 18 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 19 |
| (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
| 20 |
| Sec. 3-209. Every facility shall conspicuously post for | 21 |
| display in an
area of its offices accessible to residents, | 22 |
| employees, and visitors the
following:
| 23 |
| (1) Its current license;
| 24 |
| (1.5) The information required under subdivisions (b)(1), | 25 |
| (b)(1.5), and (b)(2) of Section 3-207; |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| (2) A description, provided by the Department, of complaint
| 2 |
| procedures established under this Act and the name, address, | 3 |
| and
telephone number of a person authorized by the Department | 4 |
| to receive
complaints;
| 5 |
| (3) A copy of any order pertaining to the facility issued | 6 |
| by the
Department or a court; and
| 7 |
| (4) A list of the material available for public inspection | 8 |
| under
Section 3-210.
| 9 |
| (Source: P.A. 81-1349.)
| 10 |
| (210 ILCS 45/3-213) (from Ch. 111 1/2, par. 4153-213)
| 11 |
| Sec. 3-213. The Department shall require periodic reports | 12 |
| and shall have
access to and may reproduce or photocopy at its | 13 |
| cost any books, records,
and other documents maintained by the | 14 |
| facility or a controlling entity facility, to the extent | 15 |
| necessary to
carry out this Act and the rules promulgated under | 16 |
| this Act. The Department
shall not divulge or disclose the | 17 |
| contents of a record under this Section
in violation of Section | 18 |
| 2-206 or as otherwise prohibited by this Act.
| 19 |
| (Source: P.A. 83-1530.)
| 20 |
| (210 ILCS 45/3-304.1)
| 21 |
| Sec. 3-304.1. Public computer access to information.
| 22 |
| (a) The Department must make information regarding nursing | 23 |
| homes in the
State
available to the public in electronic form | 24 |
| on the World Wide Web, including all
of the
following |
|
|
|
HB0149 |
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LRB096 03858 DRJ 13892 b |
|
| 1 |
| information:
| 2 |
| (1) who regulates nursing homes;
| 3 |
| (2) information in the possession of the Department | 4 |
| that is listed in
Sections 3-210 and 3-304;
| 5 |
| (3) deficiencies and plans of correction;
| 6 |
| (4) enforcement remedies;
| 7 |
| (5) penalty letters;
| 8 |
| (6) designation of penalty monies;
| 9 |
| (7) the U.S. Department of Health and Human Services' | 10 |
| Health Care
Financing Administration special projects or | 11 |
| federally required inspections;
| 12 |
| (8) advisory standards;
| 13 |
| (9) deficiency-free surveys; and
| 14 |
| (10) enforcement actions and enforcement summaries ; | 15 |
| (11) a list of licensure applications submitted to the | 16 |
| Department, together with a short description of the | 17 |
| applicant, the nature of the application, and its current | 18 |
| status, with the list to be updated within 10 days of the | 19 |
| submission of any application, the submission of any | 20 |
| additional information, or any change in status; and | 21 |
| (12) an explanation of the process for submitting a | 22 |
| complaint under Section 3-702, as well as any forms that | 23 |
| may be used to submit such a complaint .
| 24 |
| (b) No fee or other charge may be imposed by the Department | 25 |
| as a condition
of accessing the information.
| 26 |
| (c) The electronic public access provided through the World |
|
|
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| 1 |
| Wide Web shall
be
in addition to any other electronic or print | 2 |
| distribution of the information.
| 3 |
| (d) Except as otherwise stated, the The information shall | 4 |
| be made available as provided in this Section in
the
shortest | 5 |
| practicable time after it is received by the Department | 6 |
| publicly available in any other form .
| 7 |
| (Source: P.A. 91-290, eff. 1-1-00.)
| 8 |
| (210 ILCS 45/3-704) (from Ch. 111 1/2, par. 4153-704)
| 9 |
| Sec. 3-704. A request for a hearing by aggrieved persons or | 10 |
| an affected party shall be
taken to the Department as follows:
| 11 |
| (a) Upon the receipt of a request in writing for a hearing, | 12 |
| the
Director or a person designated in writing by the Director | 13 |
| to act as a
hearing officer shall conduct a hearing to review | 14 |
| the decision.
| 15 |
| (b) Before the hearing is held notice of the hearing shall | 16 |
| be sent
by the Department to the person making the request for | 17 |
| the hearing and
to the person making the decision which is | 18 |
| being reviewed. In the
notice the Department shall specify the | 19 |
| date, time and place of the
hearing which shall be held not | 20 |
| less than 10 days after the notice is
mailed or delivered. The | 21 |
| notice shall designate the decision being
reviewed. The notice | 22 |
| may be served by delivering it personally to the
parties or | 23 |
| their representatives or by mailing it by certified
mail to the | 24 |
| parties' addresses.
| 25 |
| (c) The Department shall commence the hearing within 30 |
|
|
|
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LRB096 03858 DRJ 13892 b |
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| 1 |
| days of the
receipt of request for hearing. The hearing shall | 2 |
| proceed as
expeditiously as practicable, but in all cases shall | 3 |
| conclude within 90
days of commencement.
| 4 |
| (Source: P.A. 85-1183.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 210 ILCS 45/1-105.5 new |
|
| 4 |
| 210 ILCS 45/1-106 |
from Ch. 111 1/2, par. 4151-106 |
| 5 |
| 210 ILCS 45/1-108.5 new |
|
| 6 |
| 210 ILCS 45/3-103 |
from Ch. 111 1/2, par. 4153-103 |
| 7 |
| 210 ILCS 45/3-103.5 new |
|
| 8 |
| 210 ILCS 45/3-103.10 new |
|
| 9 |
| 210 ILCS 45/3-108 |
from Ch. 111 1/2, par. 4153-108 |
| 10 |
| 210 ILCS 45/3-109 |
from Ch. 111 1/2, par. 4153-109 |
| 11 |
| 210 ILCS 45/3-109.5 new |
|
| 12 |
| 210 ILCS 45/3-112 |
from Ch. 111 1/2, par. 4153-112 |
| 13 |
| 210 ILCS 45/3-116 |
from Ch. 111 1/2, par. 4153-116 |
| 14 |
| 210 ILCS 45/3-117 |
from Ch. 111 1/2, par. 4153-117 |
| 15 |
| 210 ILCS 45/3-118 |
from Ch. 111 1/2, par. 4153-118 |
| 16 |
| 210 ILCS 45/3-207 |
from Ch. 111 1/2, par. 4153-207 |
| 17 |
| 210 ILCS 45/3-208 |
from Ch. 111 1/2, par. 4153-208 |
| 18 |
| 210 ILCS 45/3-209 |
from Ch. 111 1/2, par. 4153-209 |
| 19 |
| 210 ILCS 45/3-213 |
from Ch. 111 1/2, par. 4153-213 |
| 20 |
| 210 ILCS 45/3-304.1 |
|
| 21 |
| 210 ILCS 45/3-704 |
from Ch. 111 1/2, par. 4153-704 |
| |
|