100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5506

 

Introduced 2/16/2018, by Rep. Anna Moeller - Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-304.2

    Amends the Nursing Home Care Act. Provides that by January 1, 2019 (rather than May 1, 2011), and quarterly thereafter, the Department of Public Health shall generate and publish quarterly a list of distressed facilities. Provides that criteria for inclusion of certified facilities on the list shall be those used by the Centers for Medicare and Medicaid Services for its Special Focus Facility List (rather than U.S. General Accounting Office in report 9-689, until such time as the Department by rule modifies the criteria). Provides that there shall be no more than 10 distressed facilities at any one time using the Centers for Medicare and Medicaid Services Special Focus Facilities criteria. Provides that the Department shall, by rule, adopt criteria to identify non-Medicaid-certified facilities that are distressed and shall publish this list quarterly beginning October 1, 2019 (rather than October 1, 2011). Provides that the Department may (rather than if the distressed facility does not seek the assistance of an independent consultant, the Department shall) place a monitor in (rather than place a monitor or a temporary manager in) the facility, depending on the Department's assessment of the condition of the facility. Provides that a distressed facility shall develop (rather than may contract with an independent consultant to develop and assist in the implementation of) a plan of improvement to bring and keep the facility in compliance with the Act and, if applicable, with federal certification requirements. Provides that by February 1, 2020 (rather than February 1, 2011), the Department of Public Health shall make a specified report to the General Assembly. Makes other changes. Effective immediately.


LRB100 19569 MJP 34837 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5506LRB100 19569 MJP 34837 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-304.2 as follows:
 
6    (210 ILCS 45/3-304.2)
7    Sec. 3-304.2. Designation of distressed facilities.
8    (a) By January 1, 2019 May 1, 2011, and quarterly
9thereafter, the Department shall generate and publish
10quarterly a list of distressed facilities. Criteria for
11inclusion of certified facilities on the list shall be those
12used by the Centers for Medicare and Medicaid Services for its
13Special Focus Facility List. There shall be no more than 10
14distressed facilities at any one time using the Centers for
15Medicare and Medicaid Services Special Focus Facilities
16criteria U.S. General Accounting Office in report 9-689, until
17such time as the Department by rule modifies the criteria.
18    (b) (Blank). In deciding whether and how to modify the
19criteria used by the General Accounting Office, the Department
20shall complete a test run of any substitute criteria to
21determine their reliability by comparing the number of
22facilities identified as distressed against the number of
23distressed facilities generated using the criteria contained

 

 

HB5506- 2 -LRB100 19569 MJP 34837 b

1in the General Accounting Office report. The Department may not
2adopt substitute criteria that generate fewer facilities with a
3distressed designation than are produced by the General
4Accounting Office criteria during the test run.
5    (c) The Department shall, by rule, adopt criteria to
6identify non-Medicaid-certified facilities that are distressed
7and shall publish this list quarterly beginning October 1, 2019
82011.
9    (d) The Department shall notify each facility of its
10distressed designation, and of the calculation on which it is
11based.
12    (e) The A distressed facility may contract with an
13independent consultant meeting criteria established by the
14Department. If the distressed facility does not seek the
15assistance of an independent consultant, the Department may
16shall place a monitor or a temporary manager in the facility,
17depending on the Department's assessment of the condition of
18the facility.
19    (f) Independent consultant. A facility that has been
20designated a distressed facility shall may contract with an
21independent consultant to develop and assist in the
22implementation of a plan of improvement to bring and keep the
23facility in compliance with this Act and, if applicable, with
24federal certification requirements. A facility that contracts
25with an independent consultant shall have 90 days to develop a
26plan of improvement and demonstrate a good faith effort at

 

 

HB5506- 3 -LRB100 19569 MJP 34837 b

1implementation, and another 90 days to achieve compliance and
2take whatever additional actions are called for in the
3improvement plan to maintain compliance. A facility that the
4Department determines has a plan of improvement likely to bring
5and keep the facility in compliance and that has demonstrated
6good faith efforts at implementation within the first 90 days
7may be eligible to receive a grant under the Equity in
8Long-term Care Quality Act to assist it in achieving and
9maintaining compliance. In this subsection, "independent"
10consultant means an individual who has no professional or
11financial relationship with the facility, any person with a
12reportable ownership interest in the facility, or any related
13parties. In this subsection, "related parties" has the meaning
14attributed to it in the instructions for completing Medicaid
15cost reports.
16    (f-5) (Blank). Monitor and temporary managers. A
17distressed facility that does not contract with a consultant
18shall be assigned a monitor or a temporary manager at the
19Department's discretion. The cost of the temporary manager
20shall be paid by the facility. The temporary manager shall have
21the authority determined by the Department, which may grant the
22temporary manager any or all of the authority a court may grant
23a receiver. The temporary manager may apply to the Equity in
24Long-term Care Quality Fund for grant funds to implement the
25plan of improvement.
26    (g) The Department shall by rule establish a mentor program

 

 

HB5506- 4 -LRB100 19569 MJP 34837 b

1for owners of distressed facilities.
2    (h) The Department shall by rule establish sanctions (in
3addition to those authorized elsewhere in this Article) against
4distressed facilities that are not in compliance with this Act
5and (if applicable) with federal certification requirements.
6Criteria for imposing sanctions shall take into account a
7facility's actions to address the violations and deficiencies
8that caused its designation as a distressed facility, and its
9compliance with this Act and with federal certification
10requirements (if applicable), subsequent to its designation as
11a distressed facility, including mandatory revocations if
12criteria can be agreed upon by the Department, resident
13advocates, and representatives of the nursing home profession.
14By February 1, 2020 February 1, 2011, the Department shall
15report to the General Assembly on the results of negotiations
16about creating criteria for mandatory license revocations of
17distressed facilities and make recommendations about any
18statutory changes it believes are appropriate to protect the
19health, safety, and welfare of nursing home residents.
20    (i) The Department may establish by rule criteria for
21restricting the owner of a facility on the distressed list from
22acquiring additional skilled nursing facilities.
23(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.