Full Text of SB3217 103rd General Assembly
SB3217 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3217 Introduced 2/6/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: | | 210 ILCS 85/7 | from Ch. 111 1/2, par. 148 |
| Amends the Hospital Licensing Act. Increases the fine for a hospital that fails to implement a written staffing plan for nursing services from a fine of up to $500 per occurrence to a fine of up to $5,000 per occurrence. Increases the fine for a hospital that demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days from a fine of up to $500 per occurrence to a fine of up to $10,000 per occurrence. Specifies that the Department of Public Health may revoke or suspend a license under the Act for the second or subsequent time that a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days (now, the hospital is issued a fine of up to $1,000 per occurrence for such a violation). |
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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 Hospital Licensing Act is amended by | 5 | | changing Section 7 as follows: | 6 | | (210 ILCS 85/7) (from Ch. 111 1/2, par. 148) | 7 | | Sec. 7. (a) The Director after notice and opportunity for | 8 | | hearing to the applicant or licensee may deny, suspend, or | 9 | | revoke a permit to establish a hospital or deny, suspend, or | 10 | | revoke a license to open, conduct, operate, and maintain a | 11 | | hospital in any case in which he finds that there has been a | 12 | | substantial failure to comply with the provisions of this Act, | 13 | | the Hospital Report Card Act, or the Illinois Adverse Health | 14 | | Care Events Reporting Law of 2005 or the standards, rules, and | 15 | | regulations established by virtue of any of those Acts. The | 16 | | Department may impose fines on hospitals, not to exceed $500 | 17 | | per occurrence, for failing to (1) initiate a criminal | 18 | | background check on a patient that meets the criteria for | 19 | | hospital-initiated background checks or (2) report the death | 20 | | of a person known to be a resident of a facility licensed under | 21 | | the ID/DD Community Care Act or the MC/DD Act to the coroner or | 22 | | medical examiner within 24 hours as required by Section 6.09a | 23 | | of this Act. In assessing whether to impose such a fine for |
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| 1 | | failure to initiate a criminal background check, the | 2 | | Department shall consider various factors including, but not | 3 | | limited to, whether the hospital has engaged in a pattern or | 4 | | practice of failing to initiate criminal background checks. | 5 | | Money from fines shall be deposited into the Long Term Care | 6 | | Provider Fund. | 7 | | (a-5) If a hospital demonstrates a pattern or practice of | 8 | | failing to substantially comply with the requirements of | 9 | | Section 10.10 or the hospital's written staffing plan, the | 10 | | hospital shall provide a plan of correction to the Department | 11 | | within 60 days. The Department may impose fines as follows: | 12 | | (i) if a hospital fails to implement a written staffing plan | 13 | | for nursing services, a fine not to exceed $5,000 $500 per | 14 | | occurrence may be imposed; (ii) if a hospital demonstrates a | 15 | | pattern or practice of failing to substantially comply with a | 16 | | plan of correction within 60 days after the plan takes effect, | 17 | | a fine not to exceed $10,000 $500 per occurrence may be | 18 | | imposed; and (iii) if a hospital demonstrates for a second or | 19 | | subsequent time a pattern or practice of failing to | 20 | | substantially comply with a plan of correction within 60 days | 21 | | after the plan takes effect, the Department may revoke or | 22 | | suspend a license issued to a hospital under this Act a fine | 23 | | not to exceed $1,000 per occurrence may be imposed . Reports of | 24 | | violations of Section 10.10 shall be subject to public | 25 | | disclosure under Section 6.14a. Money from fines within this | 26 | | subsection (a-5) shall be deposited into the Hospital |
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| 1 | | Licensure Fund, and money from fines for violations of Section | 2 | | 10.10 shall be used for scholarships under the Nursing | 3 | | Education Scholarship Law. | 4 | | (b) Such notice shall be effected by registered mail or by | 5 | | personal service setting forth the particular reasons for the | 6 | | proposed action and fixing a date, not less than 15 days from | 7 | | the date of such mailing or service, at which time the | 8 | | applicant or licensee shall be given an opportunity for a | 9 | | hearing. Such hearing shall be conducted by the Director or by | 10 | | an employee of the Department designated in writing by the | 11 | | Director as Hearing Officer to conduct the hearing. On the | 12 | | basis of any such hearing, or upon default of the applicant or | 13 | | licensee, the Director shall make a determination specifying | 14 | | his findings and conclusions. In case of a denial to an | 15 | | applicant of a permit to establish a hospital, such | 16 | | determination shall specify the subsection of Section 6 under | 17 | | which the permit was denied and shall contain findings of fact | 18 | | forming the basis of such denial. A copy of such determination | 19 | | shall be sent by registered mail or served personally upon the | 20 | | applicant or licensee. The decision denying, suspending, or | 21 | | revoking a permit or a license shall become final 35 days after | 22 | | it is so mailed or served, unless the applicant or licensee, | 23 | | within such 35 day period, petitions for review pursuant to | 24 | | Section 13. | 25 | | (c) The procedure governing hearings authorized by this | 26 | | Section shall be in accordance with rules promulgated by the |
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| 1 | | Department and approved by the Hospital Licensing Board. A | 2 | | full and complete record shall be kept of all proceedings, | 3 | | including the notice of hearing, complaint, and all other | 4 | | documents in the nature of pleadings, written motions filed in | 5 | | the proceedings, and the report and orders of the Director and | 6 | | Hearing Officer. All testimony shall be reported but need not | 7 | | be transcribed unless the decision is appealed pursuant to | 8 | | Section 13. A copy or copies of the transcript may be obtained | 9 | | by any interested party on payment of the cost of preparing | 10 | | such copy or copies. | 11 | | (d) The Director or Hearing Officer shall upon his own | 12 | | motion, or on the written request of any party to the | 13 | | proceeding, issue subpoenas requiring the attendance and the | 14 | | giving of testimony by witnesses, and subpoenas duces tecum | 15 | | requiring the production of books, papers, records, or | 16 | | memoranda. All subpoenas and subpoenas duces tecum issued | 17 | | under the terms of this Act may be served by any person of full | 18 | | age. The fees of witnesses for attendance and travel shall be | 19 | | the same as the fees of witnesses before the Circuit Court of | 20 | | this State, such fees to be paid when the witness is excused | 21 | | from further attendance. When the witness is subpoenaed at the | 22 | | instance of the Director, or Hearing Officer, such fees shall | 23 | | be paid in the same manner as other expenses of the Department, | 24 | | and when the witness is subpoenaed at the instance of any other | 25 | | party to any such proceeding the Department may require that | 26 | | the cost of service of the subpoena or subpoena duces tecum and |
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| 1 | | the fee of the witness be borne by the party at whose instance | 2 | | the witness is summoned. In such case, the Department in its | 3 | | discretion, may require a deposit to cover the cost of such | 4 | | service and witness fees. A subpoena or subpoena duces tecum | 5 | | issued as aforesaid shall be served in the same manner as a | 6 | | subpoena issued out of a court. | 7 | | (e) Any Circuit Court of this State upon the application | 8 | | of the Director, or upon the application of any other party to | 9 | | the proceeding, may, in its discretion, compel the attendance | 10 | | of witnesses, the production of books, papers, records, or | 11 | | memoranda and the giving of testimony before the Director or | 12 | | Hearing Officer conducting an investigation or holding a | 13 | | hearing authorized by this Act, by an attachment for contempt, | 14 | | or otherwise, in the same manner as production of evidence may | 15 | | be compelled before the court. | 16 | | (f) The Director or Hearing Officer, or any party in an | 17 | | investigation or hearing before the Department, may cause the | 18 | | depositions of witnesses within the State to be taken in the | 19 | | manner prescribed by law for like depositions in civil actions | 20 | | in courts of this State, and to that end compel the attendance | 21 | | of witnesses and the production of books, papers, records, or | 22 | | memoranda. | 23 | | (Source: P.A. 102-641, eff. 8-27-21.) |
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