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90_SB0946enr
210 ILCS 45/3-805 from Ch. 111 1/2, par. 4153-805
Amends the Nursing Home Care Act. Provides that the
pilot project to contrast the accreditation review process of
the Joint Commission on the Accreditation of Health Care
Organizations with the current regulations and licensure
survey process shall conclude on December 31, 2000 (rather
than December 31, 1997) and that a final report shall be
submitted by June 30, 2001 (rather than June 30, 1998).
Effective immediately.
LRB9000382SMdv
SB946 Enrolled LRB9000382SMdv
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-805.
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 3-805 as follows:
7 (210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805)
8 Sec. 3-805. (a) The Department shall conduct a pilot
9 project to examine, study and contrast the Joint Commission
10 on the Accreditation of Health Care Organizations
11 ("Commission") accreditation review process with the current
12 regulations and licensure surveys process conducted by the
13 Department for long-term care facilities. This pilot project
14 will enable qualified facilities to apply for participation
15 in the project, in which surveys completed by the Commission
16 are accepted by the Department in lieu of inspections
17 required by this Act, as provided in subsection (b) of this
18 Section. It is intended that this pilot project shall
19 commence on January 1, 1990, and shall conclude on December
20 31, 2000 1997, with a final report to be submitted to the
21 Governor and the General Assembly by June 30, 2001 1998.
22 (b) (1) In lieu of conducting an inspection for license
23 renewal under this Act, the Department may accept from a
24 facility that is accredited by the Commission under the
25 Commission's long-term care standards the facility's most
26 recent annual accreditation review by the Commission. In
27 addition to such review, the facility shall submit any fee or
28 other license renewal report or information required by law.
29 The Department may accept such review for so long as the
30 Commission maintains an annual inspection or review program.
31 If the Commission does not conduct an on-site annual
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1 inspection or review, the Department shall conduct an
2 inspection as otherwise required by this Act. If the
3 Department determines that an annual on-site inspection or
4 review conducted by the Commission does not meet minimum
5 standards set by the Department, the Department shall not
6 accept the Commission's accreditation review and shall
7 conduct an inspection as otherwise required by this Act.
8 The Department shall establish procedures applicable to
9 the pilot project conducted pursuant to this Section. The
10 procedures shall provide for a review of the Commission's
11 survey findings that may be Type "A" or Type "B" violations
12 under this Act requiring immediate correction, the taking of
13 necessary and appropriate action to determine whether such
14 violations exist, and steps to effect corrective action in
15 cooperation with the Commission, or otherwise under this Act,
16 as may be necessary. The Department shall also establish
17 procedures to require the Commission to immediately report to
18 the Department any survey finding that constitutes a
19 condition or occurrence relating to the operation and
20 maintenance of a facility which presents a substantial
21 probability that death or serious mental or physical harm to
22 a resident will result therefrom, so as to enable the
23 Department to take necessary and appropriate action under
24 this Act.
25 (2) This subsection (b) does not limit the Department in
26 performing any inspections or other duties authorized by this
27 Act, or under any contract relating to the medical assistance
28 program administered by the Illinois Department of Public
29 Aid, or under Title XVIII or Title XIX of the Social Security
30 Act.
31 (3) No facility shall be required to obtain
32 accreditation from the Commission.
33 (c) Participation in the pilot project shall be limited
34 to facilities selected at random by the Director, provided
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1 that:
2 (1) facilities shall apply to the Director for
3 selection to participate;
4 (2) facilities which are currently accredited by
5 the Commission may apply to participate;
6 (3) any facility not accredited by the Commission
7 at the time of application to participate in the pilot
8 project shall apply for such accreditation;
9 (4) the number of facilities so selected shall be
10 no greater than 15% of the total number of long-term care
11 facilities licensed under this Act;
12 (5) the number of facilities so selected shall be
13 divided equally between facilities having fewer than 100
14 beds and facilities having 100 or more beds;
15 (6) facilities so selected shall have been licensed
16 for more than 2 years and shall not have been issued a
17 conditional license within 2 years before applying for
18 participation in the pilot project; and
19 (7) no facilities so selected shall have been
20 issued a notice of a Type "A" violation within one year
21 before applying for participation in the pilot project.
22 (d) Inspections and surveys conducted by the Commission
23 under the pilot project for initial or continued
24 accreditation shall not be announced in advance to the
25 facility being inspected or surveyed, and shall provide for
26 participation in the inspection or survey process by
27 residents of the facility and the public.
28 (e) With respect to any facility accredited by the
29 Commission, the Commission shall submit to the Department
30 copies of:
31 (1) the accreditation award letter;
32 (2) the accreditation report, including
33 recommendations and comments by the Commission; and
34 (3) any correspondence directly related to the
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1 accreditation.
2 (f) No facility which is denied initial or continued
3 accreditation by the Commission shall participate in the
4 pilot project.
5 (g) The Director shall meet at least once every 6 months
6 with the director of the Commission's long-term care facility
7 accreditation program to review, coordinate and modify as
8 necessary the services performed by the Commission under the
9 pilot project. On or before June 30, 1993, the Director
10 shall submit to the Governor and to the General Assembly a
11 report evaluating the pilot project and making any
12 recommendations deemed necessary.
13 (h) This Section does not limit the Department in
14 performing any inspections or other duties authorized by this
15 Act, or under any contract relating to the medical assistance
16 program administered by the Illinois Department of Public
17 Aid, or under Title XVIII or Title XIX of the Social Security
18 Act.
19 (Source: P.A. 88-45; 89-171, eff. 7-19-95; 89-381, eff.
20 8-18-95; 89-626, eff. 8-9-96.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.