Full Text of HB4923 101st General Assembly
HB4923 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4923 Introduced 2/18/2020, by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/3-303.1 | from Ch. 111 1/2, par. 4153-303.1 |
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Amends the Nursing Home Care Act. Provides that a facility that determines that, despite its diligent efforts, it is unable to employ the number of registered nurses under specified minimum staffing requirements may seek a waiver from those requirements regardless of whether or not the facility has been determined by the Department of Public Health to be in violation of those requirements.
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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 changing | 5 | | Section 3-303.1 as follows:
| 6 | | (210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
| 7 | | Sec. 3-303.1. Waiver of requirements. | 8 | | (a) Upon application by a facility, the Director may grant
| 9 | | or renew the waiver of the facility's compliance with a rule or | 10 | | standard
for a period not to exceed the duration of the current | 11 | | license or, in the
case of an application for license renewal, | 12 | | the duration of the renewal
period. The waiver may be | 13 | | conditioned upon the
facility taking action
prescribed by the | 14 | | Director as a measure equivalent to compliance.
In determining | 15 | | whether to grant or renew a waiver, the Director shall consider
| 16 | | the duration and basis for any current waiver with respect to | 17 | | the same rule
or standard and the validity and effect upon | 18 | | patient health and safety of
extending it on the same basis, | 19 | | the effect upon the health and safety of
residents, the quality | 20 | | of resident
care, the facility's history of compliance with the | 21 | | rules and standards
of this Act, and the facility's attempts to | 22 | | comply
with the particular rule or standard in question. | 23 | | (b) The Department may
provide, by rule, for the automatic |
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| 1 | | renewal of waivers concerning physical
plant requirements upon | 2 | | the renewal of a license. The Department shall
renew waivers | 3 | | relating to physical plant standards issued pursuant to this
| 4 | | Section at the time of the indicated reviews, unless it can | 5 | | show why such
waivers should not be extended for the following | 6 | | reasons:
| 7 | | (1) the condition of the physical plant has | 8 | | deteriorated or its use
substantially changed so that the | 9 | | basis upon which the waiver was issued is
materially | 10 | | different; or
| 11 | | (2) the facility is renovated or substantially | 12 | | remodeled in such a way
as to permit compliance with the | 13 | | applicable rules and standards without
substantial | 14 | | increase in cost.
| 15 | | (c) A facility that determines that, despite its diligent | 16 | | efforts, it is unable to employ the required number of | 17 | | registered nurses under subsection (e) of Section 3-202.05 may | 18 | | seek a waiver from those requirements regardless of whether or | 19 | | not the facility has been determined by the Department to be in | 20 | | violation of the requirements. Upon application by a facility, | 21 | | the Director may grant or renew a waiver, in whole or in part, | 22 | | of the registered nurse staffing requirements contained in | 23 | | subsection (e) of Section 3-202.05, considering the criteria in | 24 | | subsection (a) of this Section, if the facility demonstrates to | 25 | | the Director's satisfaction that the facility is unable, | 26 | | despite diligent efforts, including offering wages at a |
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| 1 | | competitive rate for registered nurses in the community, to | 2 | | employ the required number of registered nurses and that the | 3 | | waivers will not endanger the health or safety of residents of | 4 | | the facility. A facility in compliance with the terms of a | 5 | | waiver granted under this subsection shall not be subject to | 6 | | fines or penalties imposed by the Department for violating the | 7 | | registered nurse staffing requirements of subsection (e) of | 8 | | Section 3-202.05. Nothing in this subsection (c) allows the | 9 | | Director to grant or renew a waiver of the minimum registered | 10 | | nurse staffing requirements contained in 42 CFR 483.35(b) to a | 11 | | facility that is Medicare-certified or to a facility that is | 12 | | both Medicare-certified and Medicaid-certified. Waivers | 13 | | granted under this subsection (c) shall be reviewed quarterly | 14 | | by the Department, including requiring a demonstration by the | 15 | | facility that it has continued to make diligent efforts to | 16 | | employ the required number of registered nurses, and shall be | 17 | | revoked for noncompliance with any of the following | 18 | | requirements: | 19 | | (1) For periods in which the number of registered | 20 | | nurses required by law is not in the facility, a physician | 21 | | or registered nurse shall respond immediately to a | 22 | | telephone call from the facility. | 23 | | (2) The facility shall notify the following of the | 24 | | waiver: the Office of the State Long Term Care Ombudsman, | 25 | | the residents of the facility, the residents' guardians, | 26 | | and the residents' representatives. |
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| 1 | | (d) A copy of each waiver application and each waiver | 2 | | granted or renewed shall
be on file with the Department and | 3 | | available for public inspection. The
Director shall annually | 4 | | review such file and recommend to the Long-Term
Care Facility | 5 | | Advisory Board any modification in rules or standards suggested
| 6 | | by the number and nature of waivers requested and granted and | 7 | | the difficulties
faced in compliance by similarly situated | 8 | | facilities.
| 9 | | (Source: P.A. 100-201, eff. 8-18-17; 100-217, eff. 8-18-17.)
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