HB1716 EngrossedLRB096 05341 DRJ 15407 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
5Sections 3-103 and 3-202.05 as follows:
 
6    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)
7    Sec. 3-103. The procedure for obtaining a valid license
8shall be as follows:
9        (1) Application to operate a facility shall be made to
10    the Department on forms furnished by the Department.
11        (2) All license applications shall be accompanied with
12    an application fee. The fee for an annual license shall be
13    $1,990. Facilities that pay a fee or assessment pursuant to
14    Article V-C of the Illinois Public Aid Code shall be exempt
15    from the license fee imposed under this item (2). The fee
16    for a 2-year license shall be double the fee for the annual
17    license set forth in the preceding sentence. The fees
18    collected shall be deposited with the State Treasurer into
19    the Long Term Care Monitor/Receiver Fund, which has been
20    created as a special fund in the State treasury. This
21    special fund is to be used by the Department for expenses
22    related to the appointment of monitors and receivers as
23    contained in Sections 3-501 through 3-517 of this Act, for

 

 

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1    the enforcement of this Act, and for implementation of the
2    Abuse Prevention Review Team Act. The Department may reduce
3    or waive a penalty pursuant to Section 3-308 only if that
4    action will not threaten the ability of the Department to
5    meet the expenses required to be met by the Long Term Care
6    Monitor/Receiver Fund. At the end of each fiscal year, any
7    funds in excess of $1,000,000 held in the Long Term Care
8    Monitor/Receiver Fund shall be deposited in the State's
9    General Revenue Fund. The application shall be under oath
10    and the submission of false or misleading information shall
11    be a Class A misdemeanor. The application shall contain the
12    following information:
13            (a) The name and address of the applicant if an
14        individual, and if a firm, partnership, or
15        association, of every member thereof, and in the case
16        of a corporation, the name and address thereof and of
17        its officers and its registered agent, and in the case
18        of a unit of local government, the name and address of
19        its chief executive officer;
20            (b) The name and location of the facility for which
21        a license is sought;
22            (c) The name of the person or persons under whose
23        management or supervision the facility will be
24        conducted;
25            (d) The number and type of residents for which
26        maintenance, personal care, or nursing is to be

 

 

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1        provided; and
2            (e) Such information relating to the number,
3        experience, and training of the employees of the
4        facility, any management agreements for the operation
5        of the facility, and of the moral character of the
6        applicant and employees as the Department may deem
7        necessary.
8        (3) Each initial application shall be accompanied by a
9    financial statement setting forth the financial condition
10    of the applicant and by a statement from the unit of local
11    government having zoning jurisdiction over the facility's
12    location stating that the location of the facility is not
13    in violation of a zoning ordinance. An initial application
14    for a new facility shall be accompanied by a permit as
15    required by the "Illinois Health Facilities Planning Act".
16    After the application is approved, the applicant shall
17    advise the Department every 6 months of any changes in the
18    information originally provided in the application.
19        (4) Other information necessary to determine the
20    identity and qualifications of an applicant to operate a
21    facility in accordance with this Act shall be included in
22    the application as required by the Department in
23    regulations.
24(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
 
25    (210 ILCS 45/3-202.05)

 

 

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1    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
2thereafter.
3    (a) For the purpose of computing staff to resident ratios,
4direct care staff shall include:
5        (1) registered nurses;
6        (2) licensed practical nurses;
7        (3) certified nurse assistants;
8        (4) psychiatric services rehabilitation aides;
9        (5) rehabilitation and therapy aides;
10        (6) psychiatric services rehabilitation coordinators;
11        (7) assistant directors of nursing;
12        (8) 50% of the Director of Nurses' time; and
13        (9) 30% of the Social Services Directors' time.
14    The Department shall, by rule, allow certain facilities
15subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
16S) and 300.6000 and following (Subpart T) to utilize
17specialized clinical staff, as defined in rules, to count
18towards the staffing ratios.
19    (b) Beginning January July 1, 2011, and thereafter, light
20intermediate care shall be staffed at the same staffing ratio
21as intermediate care.
22    (c) Facilities shall notify the Department within 60 days
23after the effective date of this amendatory Act of the 96th
24General Assembly, in a form and manner prescribed by the
25Department, of the staffing ratios in effect on the effective
26date of this amendatory Act of the 96th General Assembly for

 

 

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1both intermediate and skilled care and the number of residents
2receiving each level of care.
3    (d)(1) Effective July 1, 2010, for each resident needing
4skilled care, a minimum staffing ratio of 2.5 hours of nursing
5and personal care each day must be provided; for each resident
6needing intermediate care, 1.7 hours of nursing and personal
7care each day must be provided.
8        (2) Effective January 1, 2011, the minimum staffing
9    ratios shall be increased to 2.7 hours of nursing and
10    personal care each day for a resident needing skilled care
11    and 1.9 hours of nursing and personal care each day for a
12    resident needing intermediate care.
13        (3) Effective January 1, 2012, the minimum staffing
14    ratios shall be increased to 3.0 hours of nursing and
15    personal care each day for a resident needing skilled care
16    and 2.1 hours of nursing and personal care each day for a
17    resident needing intermediate care.
18        (4) Effective January 1, 2013, the minimum staffing
19    ratios shall be increased to 3.4 hours of nursing and
20    personal care each day for a resident needing skilled care
21    and 2.3 hours of nursing and personal care each day for a
22    resident needing intermediate care.
23        (5) Effective January 1, 2014, the minimum staffing
24    ratios shall be increased to 3.8 hours of nursing and
25    personal care each day for a resident needing skilled care
26    and 2.5 hours of nursing and personal care each day for a

 

 

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1    resident needing intermediate care.
2(Source: P.A. 96-1372, eff. 7-29-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.