Public Act 096-0703
 		





HB4237 Enrolled
LRB096 07701 DRJ 17802 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Department of Veterans Affairs Act is 
amended  by changing Section 2.10 as follows:
 



    (20 ILCS 2805/2.10)



    Sec. 2.10. Conflicts with the Nursing Home Care Act. If 
there is a
conflict between the provisions of this Act and the 
provisions of the
Nursing Home Care Act concerning an Illinois 
Veterans Home not operated by the
Department of Veterans' 
Affairs, then the provisions of the Nursing Home Care
Act shall 
apply. If there is a conflict between the provisions of this

Act and the provisions of the Nursing Home Care Act concerning

an Illinois Veterans Home operated by the Illinois Department

of Veterans' Affairs, then the provisions of this Act shall 
apply. 

(Source: P.A. 90-168, eff. 7-23-97.)

 
    Section 10. The Nursing Home Care Act is amended  by adding 
Sections 3-101.5 and 3-308.5 as follows:
 
    (210 ILCS 45/3-101.5  new)
    Sec. 3-101.5. Illinois Veterans Homes. An Illinois 
Veterans Home licensed under this Act and operated by the 
Illinois Department of Veterans' Affairs is exempt from the 
license fee provisions of Section 3-103 of this Act and the 
provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, 
3-302, 3-303, 3-401 through 3-423, 3-503 through 3-517, and 
3-603 through 3-607 of this Act. A monitor or receiver shall be 
placed in an Illinois Veterans Home only by court order or by 
agreement between the Director of Public Health, the Director 
of Veterans' Affairs, and the Secretary of the United States 
Department of Veterans Affairs.
 
    (210 ILCS 45/3-308.5  new)
    Sec. 3-308.5. Facilities operated by Department of 
Veterans' Affairs; penalty offset.
    (a) In the case of a veterans home, institution, or other 
place operated by or under the authority of the Illinois 
Department of Veterans' Affairs, the amount of any penalty or 
fine shall be offset by the cost of the plan of correction, 
capital improvements, or physical plant repairs. For purposes 
of this Section only, "offset" means that the amount that the 
Illinois Department of Veterans' Affairs expends to pay for the 
cost of a plan of correction shall be deemed by the Illinois 
Department of Public Health to fully satisfy any monetary 
penalty or fine imposed by the Department of Public Health.  
Once a fine or monetary penalty is offset pursuant to this 
Section, in no case may the Department of Public Health, with 
respect to the offense for which the fine or penalty was 
levied, continue to purport to impose a fine or monetary 
penalty upon the Department of Veterans' Affairs for that 
violation.
    (b) The Director of Public Health shall issue a Declaration 
to the Director of Veterans' Affairs confirming the citation of 
each Type "A" violation and request that immediate action be 
taken to protect the health and safety of the veterans in the 
facility.
 

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




Effective Date:  8/25/2009