Full Text of HB5337 096th General Assembly
HB5337 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5337
Introduced 2/5/2010, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/3-305 |
from Ch. 111 1/2, par. 4153-305 |
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Amends the Nursing Home Care Act. Provides that a licensed nursing facility that commits a violation which creates a condition or occurrence relating to the operation and maintenance of the facility presenting a substantial probability that death or serious mental or physical harm to a resident will result therefrom, will be automatically issued a fine of $10.00 (rather than $5.00) per resident in the facility plus 50 (rather than 20) cents per resident for each day of the violation, or a fine of not less than $10,000 (rather than $5,000), or when death, serious mental or physical harm, permanent disability, or disfigurement results, a fine of not less than $20,000 (rather than $10,000). Effective July 1, 2010.
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A BILL FOR
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HB5337 |
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LRB096 19360 KTG 34751 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 |
| Section 3-305 as follows:
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| (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
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| Sec. 3-305.
The license of a facility which is in violation | 8 |
| of this Act
or any rule adopted thereunder may be subject to | 9 |
| the penalties or fines
levied by the Department as specified in | 10 |
| this Section.
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| (1) Unless a greater penalty or fine is allowed under | 12 |
| subsection
(3), a licensee who commits a Type "A" violation as | 13 |
| defined in Section
1-129 is automatically issued a conditional | 14 |
| license for a period of 6 months
to coincide with an acceptable | 15 |
| plan of correction and assessed a fine
computed at a rate of | 16 |
| $10.00 $5.00 per resident in the facility plus 50 20 cents per
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| resident for each day of the violation, commencing on the date | 18 |
| a notice of
the violation is served under Section 3-301 and | 19 |
| ending on the date the
violation is corrected, or a fine of not | 20 |
| less than $10,000 $5,000 , or when death,
serious mental or | 21 |
| physical harm, permanent disability, or disfigurement
results, | 22 |
| a fine of not less than $20,000 $10,000 , whichever is greater.
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| (2) A licensee who commits a Type "B" violation or who is |
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HB5337 |
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LRB096 19360 KTG 34751 b |
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| issued an
administrative warning for a violation of Sections | 2 |
| 3-401 through 3-413 or
the rules promulgated thereunder is | 3 |
| subject to a penalty
computed at a rate of $3 per resident in | 4 |
| the facility, plus 15 cents per
resident for each day of the | 5 |
| violation, commencing on the date a notice
of the violation is | 6 |
| served under Section 3-301 and ending on the date the
violation | 7 |
| is corrected, or a fine not less than $500, whichever is | 8 |
| greater.
Such fine shall be assessed on the date of notice of | 9 |
| the violation and shall
be suspended for violations that | 10 |
| continue after such date upon completion
of a plan of | 11 |
| correction in accordance with Section 3-308 in relation to
the | 12 |
| assessment of fines and correction. Failure to correct such | 13 |
| violation
within the time period approved under a plan of | 14 |
| correction shall result in
a fine and conditional license as | 15 |
| provided under subsection (5).
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| (3) A licensee who commits a Type "A" violation as defined | 17 |
| in Section
1-129 which continues beyond the time specified in | 18 |
| paragraph (a) of Section
3-303 which is cited as a repeat | 19 |
| violation shall have its license revoked
and shall be assessed | 20 |
| a fine of 3 times the fine computed per resident per
day under | 21 |
| subsection (1).
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| (4) A licensee who fails to satisfactorily comply with an | 23 |
| accepted
plan of correction for a Type "B" violation or an | 24 |
| administrative warning
issued pursuant to Sections 3-401 | 25 |
| through 3-413 or the rules promulgated
thereunder shall be | 26 |
| automatically issued a conditional license for a period
of not |
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HB5337 |
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| less than 6 months. A second or subsequent acceptable plan of
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| correction shall be filed. A fine shall be assessed in | 3 |
| accordance with
subsection (2) when cited for the repeat | 4 |
| violation. This fine shall be
computed for all days of the | 5 |
| violation, including the duration of the first
plan of | 6 |
| correction compliance time.
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| (5) For the purpose of computing a penalty under | 8 |
| subsections (2) through
(4), the number of residents per day | 9 |
| shall be based on the average number
of residents in the | 10 |
| facility during the 30 days preceding the discovery
of the | 11 |
| violation.
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| (6) When the Department finds that a provision of Article | 13 |
| II has been
violated with regard to a particular resident, the | 14 |
| Department shall issue
an order requiring the facility to | 15 |
| reimburse the resident for injuries
incurred, or $100, | 16 |
| whichever is greater. In the case of a violation
involving any | 17 |
| action other than theft of money belonging to a resident,
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| reimbursement shall be ordered only if a provision of Article | 19 |
| II has been
violated with regard to that or any other resident | 20 |
| of the facility within
the 2 years immediately preceding the | 21 |
| violation in question.
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| (7) For purposes of assessing fines under this Section, a | 23 |
| repeat
violation shall be a violation which has been cited | 24 |
| during one inspection
of the facility for which an accepted | 25 |
| plan of correction was not complied
with. A repeat violation | 26 |
| shall not be a new citation of the same rule,
unless the |
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| licensee is not substantially addressing the issue routinely
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| throughout the facility.
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| (Source: P.A. 86-407; 87-549; 87-1056.)
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| Section 99. Effective date. This Act takes effect July 1, | 5 |
| 2010.
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