State of Illinois
92nd General Assembly
Legislation

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92_HB6030

 
                                               LRB9211738LBpr

 1        AN ACT concerning nursing home facilities.

 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
 5    changing Section 3-310 as follows:

 6        (210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
 7        Sec. 3-310.  Penalties; Long Term Care Education Fund.
 8        (a)  All penalties shall be paid to the Department within
 9    10 days of receipt of notice of assessment or, if the penalty
10    is  contested  under Section 3-309, within 10 days of receipt
11    of the final decision, unless the decision  is  appealed  and
12    the  order  is  stayed by court order under Section 3-713.  A
13    penalty assessed under this Act shall  be  collected  by  the
14    Department  and  shall  be deposited with the State Treasurer
15    into the Long  Term  Care  Education  Monitor/Receiver  Fund,
16    which  is  hereby  created  as  a  special  fund in the State
17    Treasury.  Moneys in the Fund  shall  be  used,  pursuant  to
18    appropriations,   only  for  the  purpose  provided  in  this
19    Section.
20        If the person or facility against whom a penalty has been
21    assessed does not comply with a written  demand  for  payment
22    within  30  days, the Director shall issue an order to do any
23    of the following:
24             (1)  direct the State Treasurer to deduct the amount
25        of the fine from amounts otherwise due from the State for
26        the penalty and remit that amount to the Department;
27             (2)  add the amount of the penalty to the facility's
28        licensing fee;  if  the  licensee  refuses  to  make  the
29        payment  at  the  time  of application for renewal of its
30        license, the license shall not be renewed; or
31             (3)  bring an action in circuit court to recover the
 
                            -2-                LRB9211738LBpr
 1        amount of the penalty.
 2        (b)  The  Department  must  use  any  monetary  penalties
 3    received from  assessments  against  nursing  homes  for  (i)
 4    quality care initiatives or (ii) nursing home staff education
 5    and training.
 6    (Source: P.A. 86-663.)

 7        Section  10.   The State Finance Act is amended by adding
 8    Section 5.570 as follows:

 9        (30 ILCS 105/5.570 new)
10        Sec. 5.570.  The Long Term Care Education Fund.

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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