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| Public Act 100-0217 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 3-303.1 as follows:
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(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
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Sec. 3-303.1. Waiver of requirements. | ||||
(a) Upon application by a facility, the Director may grant
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or renew the waiver of the facility's compliance with a rule or | ||||
standard
for a period not to exceed the duration of the current | ||||
license or, in the
case of an application for license renewal, | ||||
the duration of the renewal
period. The waiver may be | ||||
conditioned upon the
facility taking action
prescribed by the | ||||
Director as a measure equivalent to compliance.
In determining | ||||
whether to grant or renew a waiver, the Director shall consider
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the duration and basis for any current waiver with respect to | ||||
the same rule
or standard and the validity and effect upon | ||||
patient health and safety of
extending it on the same basis, | ||||
the effect upon the health and safety of
residents, the quality | ||||
of resident
care, the facility's history of compliance with the | ||||
rules and standards
of this Act, and the facility's attempts to | ||||
comply
with the particular rule or standard in question. | ||||
(b) The Department may
provide, by rule, for the automatic | ||||
renewal of waivers concerning physical
plant requirements upon | ||
the renewal of a license. The Department shall
renew waivers | ||
relating to physical plant standards issued pursuant to this
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Section at the time of the indicated reviews, unless it can | ||
show why such
waivers should not be extended for the following | ||
reasons:
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(1) (a) the condition of the physical plant has | ||
deteriorated or its use
substantially changed so that the | ||
basis upon which the waiver was issued is
materially | ||
different; or
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(2) (b) the facility is renovated or substantially | ||
remodeled in such a way
as to permit compliance with the | ||
applicable rules and standards without
substantial | ||
increase in cost.
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(c) Upon application by a facility, the Director may grant | ||
or renew a waiver, in whole or in part, of the registered nurse | ||
staffing requirements contained in subsection (e) of Section | ||
3-202.05, considering the criteria in subsection (a) of this | ||
Section, if the facility demonstrates to the Director's | ||
satisfaction that the facility is unable, despite diligent | ||
efforts, including offering wages at a competitive rate for | ||
registered nurses in the community, to employ the required | ||
number of registered nurses and that the waivers will not | ||
endanger the health or safety of residents of the facility. A | ||
facility in compliance with the terms of a waiver granted under | ||
this subsection shall not be subject to fines or penalties | ||
imposed by the Department for violating the registered nurse | ||
staffing requirements of subsection (e) of Section 3-202.05. | ||
Nothing in this subsection (c) allows the Director to grant or | ||
renew a waiver of the minimum registered nurse staffing | ||
requirements contained in 42 CFR 483.35(b) to a facility that | ||
is Medicare-certified or to a facility that is both | ||
Medicare-certified and Medicaid-certified. Waivers granted | ||
under this subsection (c) shall be reviewed quarterly by the | ||
Department, including requiring a demonstration by the | ||
facility that it has continued to make diligent efforts to | ||
employ the required number of registered nurses, and shall be | ||
revoked for noncompliance with any of the following | ||
requirements: | ||
(1) For periods in which the number of registered | ||
nurses required by law is not in the facility, a physician | ||
or registered nurse shall respond immediately to a | ||
telephone call from the facility. | ||
(2) The facility shall notify the following of the | ||
waiver: the Office of the State Long Term Care Ombudsman, | ||
the residents of the facility, the residents' guardians, | ||
and the residents' representatives. | ||
(d) A copy of each waiver application and each waiver | ||
granted or renewed shall
be on file with the Department and | ||
available for public inspection. The
Director shall annually | ||
review such file and recommend to the Long-Term Long Term
Care | ||
Facility Advisory Board any modification in rules or standards | ||
suggested
by the number and nature of waivers requested and | ||
granted and the difficulties
faced in compliance by similarly | ||
situated facilities.
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(Source: P.A. 85-1216; revised 10-26-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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