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