State of Illinois
90th General Assembly

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[ House Amendment 001 ][ House Amendment 002 ]


      210 ILCS 45/2-209.5 new
      210 ILCS 45/3-202         from Ch. 111 1/2, par. 4153-202
          Amends the Nursing Home Care Act to set forth  a  minimum
      number of nursing personnel that must be available to nursing
      home residents.  Effective immediately.
 1        AN  ACT  to  amend  the Nursing Home Care Act by changing
 2    Section 3-202 and adding Section 2-209.5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  Nursing  Home  Care Act is amended by
 6    changing Section 3-202 and adding Section 2-209.5 as follows:
 7        (210 ILCS 45/2-209.5 new)
 8        Sec. 2-209.5.  Minimum standards for nurse staffing. At a
 9    minimum, a  facility  shall  provide  the  following  nursing
10    personnel:
11                  (1)  one  full-time  Registered Nurse acting as
12             Director of Nursing;
13                  (2)  in a facility with 100 or more  beds,  one
14             full-time   Registered  Nurse  acting  as  Assistant
15             Director of Nursing;
16                  (3)  one full-time Registered Nurse  acting  as
17             Director of In-service Education;
18                  (4)  one  Registered Nurse on duty at all times
19             at the facility acting as Nursing Supervisor;
20                  (5)  one  direct   caregiver,   including   and
21             limited  to  a  Registered Nurse, Licensed Practical
22             Nurse, or Nurse's Aide  licensed  in  the  State  of
23             Illinois,  for every 5 residents during a day shift,
24             for every 10 residents during an evening shift,  and
25             for every 15 residents during a night shift; and
26                  (6)  one   licensed  caregiver,  including  and
27             limited to a Registered Nurse or Licensed  Practical
28             Nurse  licensed  in the State of Illinois, for every
29             15 residents  during  a  day  shift,  for  every  25
30             residents  during an evening shift, and for every 35
31             residents during a night shift.  The requirements of
                            -2-                LRB9000777LDdv
 1             this item may be satisfied by the  assignment  of  a
 2             Registered  Nurse  or  Licensed Practical Nurse as a
 3             direct caregiver under item (4).
 4        (210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)
 5        Sec.  3-202.  The  Department  shall  prescribe   minimum
 6    standards for facilities. These standards shall regulate:
 7        (1)  Location and construction of the facility, including
 8    plumbing,  heating, lighting, ventilation, and other physical
 9    conditions which shall ensure the health, safety, and comfort
10    of residents and their protection from fire hazard;
11        (2)  Number  and   qualifications   of   all   personnel,
12    including    management   and   nursing   personnel,   having
13    responsibility for any part of the care given  to  residents;
14    specifically,  and subject to the minimum standards set forth
15    in  Section  2-209.5  of  this  Act,  the  Department   shall
16    establish  staffing ratios for facilities which shall specify
17    the number of staff hours  per  resident  of  care  that  are
18    needed  for  professional  nursing  care for various types of
19    facilities or areas within facilities;
20        (3)  All sanitary conditions within the facility and  its
21    surroundings,  including  water supply, sewage disposal, food
22    handling, and general hygiene, which shall ensure the  health
23    and comfort of residents;
24        (4)  Diet  related to the needs of each resident based on
25    good nutritional practice and on recommendations which may be
26    made by the physicians attending the resident;
27        (5)  Equipment essential to the health and welfare of the
28    residents;
29        (6)  A program of  habilitation  and  rehabilitation  for
30    those residents who would benefit from such programs;
31        (7)  A program for adequate maintenance of physical plant
32    and equipment;
33        (8)  Adequate  accommodations, staff and services for the
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 1    number and types  of  residents  for  whom  the  facility  is
 2    licensed  to  care,  including  standards for temperature and
 3    relative humidity within  comfort  zones  determined  by  the
 4    Department  based  upon  a  combination  of  air temperature,
 5    relative humidity and air  movement.   Such  standards  shall
 6    also  require  facility  plans  that  provide  for health and
 7    comfort of residents at medical risk  as  determined  by  the
 8    attending  physician  whenever  the  temperature and relative
 9    humidity are outside such comfort zones  established  by  the
10    Department.
11        (9)  Development  of  evacuation  and  other  appropriate
12    safety  plans  for use during weather, health, fire, physical
13    plant, environmental and national defense emergencies; and
14        (10)  Maintenance of minimum financial or other resources
15    necessary  to  meet  the  standards  established  under  this
16    Section,  and  to  operate  and  conduct  the   facility   in
17    accordance with this Act.
18    (Source: P.A. 83-1530.)
19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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