Human Services Committee

Adopted in House Comm. on Mar 04, 2004

 

 


 

 


 
09300HB4735ham001 LRB093 19043 AMC 48092 a

1
AMENDMENT TO HOUSE BILL 4735

2     AMENDMENT NO. ______. Amend House Bill 4735 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Nursing Facility Bed Conversion and Modernization Act.
 
6     Section 5. Nursing Facility Conversion and Modernization
7 Program.
8     (a) For the purposes of this Section, "nursing facility"
9 means (1) a skilled nursing or intermediate long term care
10 facility, whether public or private and whether organized for
11 profit or not-for-profit, that is subject to licensure by the
12 Department of Public Health under the Nursing Home Care Act,
13 including a county nursing home directed and maintained under
14 Section 5-1005 of the Counties Code, and (2) a part of a
15 hospital in which skilled or intermediate long term care
16 services within the meaning of Title XVIII or XIX of the Social
17 Security Act are provided.
18     (b) Any nursing facility that has, for the previous 3
19 years, provided services to at least 35% of its resident
20 population under the medical assistance program under Title XIX
21 of the Social Security Act is eligible to apply for a Nursing
22 Facility Conversion and Modernization Grant.
23     (c) Nursing Facility Conversion and Modernization Grants
24 shall be available for the construction, alteration,

 

 

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1 reconstruction, renovation, modernization, or improvement of
2 existing nursing facility beds or areas within a nursing
3 facility for any or a combination of any of the following uses:
4         (1) Conversion of a portion of or all nursing facility
5 beds to an assisted living establishment as defined in the
6 Assisted Living and Shared Housing Act or to a supported
7 living facility as provided pursuant to Section 5-5.01a of
8 the Public Aid Code.
9         (2) Conversion of shared nursing facility bedrooms to
10 private, single-bed rooms.
11         (3) Provision of any alternatives to nursing facility
12 care, which, for purposes of this Section, means those
13 services included in the program of home and
14 community-based waiver services for seniors under the
15 medical assistance program under Title XIX of the Security
16 Act, including, but not limited to, adult day services or
17 respite care living space within a nursing facility.
18     (d) Construction projects for conversion or modernization
19 of existing nursing facilities shall not have the effect of:
20         (1) diminishing or reducing the quality of services
21 available to nursing facility residents; or
22         (2) forcing any nursing facility resident to
23 involuntarily accept home or community-based services in
24 lieu of nursing facility services; or
25         (3) diminishing or reducing the supply of long-term
26 care services in any community below the level of need.
27     (e) Grants may not be used to expand a current building,
28 except (i) for additional space required to accommodate related
29 supportive services, such as dining rooms, kitchen and
30 recreation areas, or other community use areas; or (ii) if the
31 facility demonstrates that new construction is more cost
32 effective than the conversion of existing space.
33     (f) Notwithstanding any local ordinance related to
34 development, planning, or zoning to the contrary, the

 

 

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1 conversion, modernization, or reuse of a nursing facility that
2 closes or that curtails, reduces, or changes operations shall
3 be considered a conforming use permitted under local law,
4 provided that the facility is converted to another long-term
5 care service.
6     (g) Conversions or modernization pursuant to this Act are
7 exempt from the requirements of the Health Facilities Planning
8 Act.
9     (h) Subject to available appropriations, Nursing Facility
10 Conversion and Modernization Grants shall be available from the
11 Nursing Facility Conversion and Modernization Fund, a special
12 fund hereby created in the State treasury, for capital or
13 one-time capital expenditures, for a maximum of $1,000,000 per
14 nursing facility; provided that grantees shall be required to
15 provide 20% as match toward the total cost of the capital
16 project. Any application for a Nursing Facility Conversion and
17 Modernization Grant shall include the total budget that will be
18 necessary, including State and federal funding, for services to
19 operate the program once the capital project is completed, and
20 shall specify the number of existing nursing facility beds that
21 the nursing facility provider agrees to de-license. In
22 distribution of the grants, the following factors shall be
23 considered:
24         (1) the bed need in the area in which the facility is
25 located; and
26         (2) The extent to which the conversion or modernization
27 results in the reduction of licensed nursing facility beds
28 in an area with excess beds.
29 The application and grant process, including rules and
30 regulations for the Nursing Facility Conversion and
31 Modernization Program, shall be promulgated by the Director of
32 Public Health, in coordination with the Director of Public Aid
33 and the Director of Aging.
34     (i) Any nursing facility receiving a grant pursuant to the

 

 

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1 Nursing Facility Conversion and Modernization Program shall
2 reduce the number of licensed nursing facility beds by an
3 amount equal to or greater than the number of beds being
4 constructed or modernized for one or more of the permitted uses
5 pursuant to subsection (c).
6     (j) Any nursing facility receiving a grant pursuant to the
7 Nursing Facility Conversion and Modernization Program shall
8 agree, for a minimum of 10 years after the date that the grant
9 is awarded, to maintain a minimum of 35% of its occupancy for
10 residents eligible for services under the medical assistance
11 program under Title XIX of the Social Security Act. In the
12 event the nursing facility provider or its successor in
13 interest ceases to comply with the requirement set forth in
14 this subsection, the provider shall refund to the Nursing
15 Facility Conversion and Modernization Fund, on an amortized
16 basis, the amount of the grant.
17     (k) Any nursing facility receiving a grant pursuant to the
18 Nursing Facility Conversion and Modernization Program shall
19 not segregate residents receiving nursing facility services
20 under the medical assistance program under Title XIX of the
21 Social Security Act in an area, section, or portion of the
22 nursing facility and shall not relocate a resident within the
23 nursing facility solely due to a change in payment status from
24 private payment to government subsidy.
 
25     Section 10. Reporting. The Director of Public Health, in
26 coordination with the Director of Public Aid and the Director
27 of Aging, shall implement mechanisms to monitor and analyze the
28 effect of the Nursing Facility Conversion and Modernization
29 Program, including documenting and verifying the savings to the
30 Medicaid program attributable to this Act. A report containing
31 the analysis shall be submitted to the Governor and the General
32 Assembly on January 1, 2006 and on January 1 of each year
33 thereafter.
 

 

 

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1     Section 95. The State Finance Act is amended by adding
2 Section 5.625 as follows:
 
3     (30 ILCS 105/5.625 new)
4     Sec. 5.625. The Nursing Facility Conversion and
5 Modernization Fund.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".