SB3112 EnrolledLRB103 37124 CES 67243 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
5changing Section 2-204 as follows:
 
6    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
7    Sec. 2-204. The Director shall appoint a Long-Term Care
8Facility Advisory Board to consult with the Department and the
9residents' advisory councils created under Section 2-203.
10    (a) The Board shall be comprised of the following persons:
11        (1) The Director who shall serve as chairman, ex
12    officio and nonvoting; and
13        (2) One representative each of the Department of
14    Healthcare and Family Services, the Department of Human
15    Services, the Department on Aging, and the Office of the
16    State Fire Marshal, all nonvoting members;
17        (2.5) One member who represents local health
18    departments who is a nonvoting member;
19        (3) One member who shall be a physician licensed to
20    practice medicine in all its branches;
21        (4) One member who shall be a registered nurse
22    selected from the recommendations of professional nursing
23    associations;

 

 

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1        (5) Four members who shall be selected from the
2    recommendations by organizations whose membership consists
3    of facilities;
4        (6) Two members who shall represent the general public
5    who are not members of a residents' advisory council
6    established under Section 2-203 and who have no
7    responsibility for management or formation of policy or
8    financial interest in a facility;
9        (7) One member who is a member of a residents'
10    advisory council established under Section 2-203 and is
11    capable of actively participating on the Board; and
12        (8) One member who shall be selected from the
13    recommendations of consumer organizations which engage
14    solely in advocacy or legal representation on behalf of
15    residents and their immediate families.
16    (b) The terms of those members of the Board appointed
17prior to the effective date of this amendatory Act of 1988
18shall expire on December 31, 1988. Members of the Board
19created by this amendatory Act of 1988 shall be appointed to
20serve for terms as follows: 3 for 2 years, 3 for 3 years and 3
21for 4 years. The member of the Board added by this amendatory
22Act of 1989 shall be appointed to serve for a term of 4 years.
23Each successor member shall be appointed for a term of 4 years.
24Any member appointed to fill a vacancy occurring prior to the
25expiration of the term for which his predecessor was appointed
26shall be appointed for the remainder of such term. The Board

 

 

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1shall meet as frequently as the chairman deems necessary, but
2not less than 4 times each year. Upon request by 4 or more
3members the chairman shall call a meeting of the Board. The
4affirmative vote of a simple majority of a quorum 6 members of
5the Board shall be necessary for Board action. A quorum shall
6be a majority of appointed voting members. A member of the
7Board can designate a replacement to serve at the Board
8meeting and vote in place of the member by submitting a letter
9of designation to the chairman prior to or at the Board
10meeting. The Board members shall be reimbursed for their
11actual expenses incurred in the performance of their duties.
12    (c) The Advisory Board shall advise the Department of
13Public Health on all aspects of its responsibilities under
14this Act and the Specialized Mental Health Rehabilitation Act
15of 2013, including the format and content of any rules
16promulgated by the Department of Public Health. All draft
17rules and documents shall be provided at least 7 days prior to
18a meeting for all board members to review. Any such rules,
19except emergency rules promulgated pursuant to Section 5-45 of
20the Illinois Administrative Procedure Act, promulgated without
21obtaining the advice of the Advisory Board are null and void.
22In the event that the Department fails to follow the advice of
23the Board, the Department shall, prior to the promulgation of
24such rules, transmit a written explanation of the reason
25thereof to the Board. During its review of rules, the Board
26shall analyze the economic and regulatory impact of those

 

 

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1rules. If the Advisory Board, having been asked for its
2advice, fails to advise the Department within 90 days, the
3rules shall be considered acted upon. In order to provide
4appropriate feedback, Board meetings shall be conducted within
5the 90-day window. If the Board does not meet within the 90
6days, the 90-day window shall be extended for not more than 45
7days to ensure the Board has had an opportunity to act upon the
8proposed rules.
9(Source: P.A. 102-432, eff. 8-20-21.)
 
10    Section 10. The ID/DD Community Care Act is amended by
11changing Section 2-204 as follows:
 
12    (210 ILCS 47/2-204)
13    Sec. 2-204. DD Facility Advisory Board. The Director shall
14appoint a DD Facility Advisory Board to consult with the
15Department and the residents' advisory councils created under
16Section 2-203.
17    (a) The Advisory Board shall be composed of the following
18persons:
19        (1) the Director who shall serve as chairperson, ex
20    officio, and nonvoting;
21        (2) one representative each of the Department of
22    Healthcare and Family Services, the Department of Human
23    Services, and the Office of the State Fire Marshal, all
24    nonvoting members;

 

 

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1        (3) one member who shall be a physician licensed to
2    practice medicine in all its branches;
3        (4) one member who shall be a behavioral specialist
4    selected from the recommendations of the Department of
5    Human Services;
6        (5) three members who shall be selected from the
7    recommendations by organizations whose membership consists
8    of facilities;
9        (6) two members who shall represent the general public
10    who are not members of a residents' advisory council
11    established under Section 2-203 and who have no
12    responsibility for management or formation of policy or
13    financial interest in a facility;
14        (7) one member who is a member of a residents'
15    advisory council established under Section 2-203 and is
16    capable of actively participating on the Advisory Board;
17    and
18        (8) one member who shall be selected from the
19    recommendations of consumer organizations that engage
20    solely in advocacy or legal representation on behalf of
21    residents and their immediate families.
22    (b) The Advisory Board shall meet as frequently as the
23chairperson deems necessary, but not less than 4 times each
24year. Upon request by 4 or more members, the chairperson shall
25call a meeting of the Advisory Board. The affirmative vote of a
26simple majority of a quorum 6 members of the Advisory Board

 

 

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1shall be necessary for Advisory Board action. A quorum shall
2be a majority of appointed voting members. A member of the
3Advisory Board may designate a replacement to serve at the
4Advisory Board meeting and vote in place of the member by
5submitting a letter of designation to the chairperson prior to
6or at the Advisory Board meeting. The Advisory Board members
7shall be reimbursed for their actual expenses incurred in the
8performance of their duties.
9    (c) The Advisory Board shall advise the Department of
10Public Health on all aspects of its responsibilities under
11this Act, including the format and content of any rules
12promulgated by the Department of Public Health. All draft
13rules and documents shall be provided at least 7 days prior to
14a meeting for all board members to review. Any such rules,
15except emergency rules promulgated pursuant to Section 5-45 of
16the Illinois Administrative Procedure Act, promulgated without
17obtaining the advice of the Advisory Board are null and void.
18If the Department fails to follow the advice of the Advisory
19Board, the Department shall, prior to the promulgation of such
20rules, transmit a written explanation of the reason therefor
21to the Advisory Board. During its review of rules, the
22Advisory Board shall analyze the economic and regulatory
23impact of those rules. If the Advisory Board, having been
24asked for its advice, fails to advise the Department within 90
25days, the rules shall be considered acted upon. In order to
26provide appropriate feedback, Board meetings shall be

 

 

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1conducted within the 90-day window. If the Board does not meet
2within the 90 days, the 90-day window shall be extended for not
3more than 45 days to ensure the Board has had an opportunity to
4act upon the proposed rules.
5(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.)