Rep. Barbara Flynn Currie

Filed: 11/16/2010

 

 


 

 


 
09600HB1716ham001LRB096 05341 RPM 43781 a

1
AMENDMENT TO HOUSE BILL 1716

2    AMENDMENT NO. ______. Amend House Bill 1716 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Sections 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

 

 

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1    license set forth in the preceding sentence. The fees
2    collected shall be deposited with the State Treasurer into
3    the Long Term Care Monitor/Receiver Fund, which has been
4    created as a special fund in the State treasury. This
5    special fund is to be used by the Department for expenses
6    related to the appointment of monitors and receivers as
7    contained in Sections 3-501 through 3-517 of this Act, for
8    the enforcement of this Act, and for implementation of the
9    Abuse Prevention Review Team Act. The Department may reduce
10    or waive a penalty pursuant to Section 3-308 only if that
11    action will not threaten the ability of the Department to
12    meet the expenses required to be met by the Long Term Care
13    Monitor/Receiver Fund. At the end of each fiscal year, any
14    funds in excess of $1,000,000 held in the Long Term Care
15    Monitor/Receiver Fund shall be deposited in the State's
16    General Revenue Fund. The application shall be under oath
17    and the submission of false or misleading information shall
18    be a Class A misdemeanor. The application shall contain the
19    following information:
20            (a) The name and address of the applicant if an
21        individual, and if a firm, partnership, or
22        association, of every member thereof, and in the case
23        of a corporation, the name and address thereof and of
24        its officers and its registered agent, and in the case
25        of a unit of local government, the name and address of
26        its chief executive officer;

 

 

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1            (b) The name and location of the facility for which
2        a license is sought;
3            (c) The name of the person or persons under whose
4        management or supervision the facility will be
5        conducted;
6            (d) The number and type of residents for which
7        maintenance, personal care, or nursing is to be
8        provided; and
9            (e) Such information relating to the number,
10        experience, and training of the employees of the
11        facility, any management agreements for the operation
12        of the facility, and of the moral character of the
13        applicant and employees as the Department may deem
14        necessary.
15        (3) Each initial application shall be accompanied by a
16    financial statement setting forth the financial condition
17    of the applicant and by a statement from the unit of local
18    government having zoning jurisdiction over the facility's
19    location stating that the location of the facility is not
20    in violation of a zoning ordinance. An initial application
21    for a new facility shall be accompanied by a permit as
22    required by the "Illinois Health Facilities Planning Act".
23    After the application is approved, the applicant shall
24    advise the Department every 6 months of any changes in the
25    information originally provided in the application.
26        (4) Other information necessary to determine the

 

 

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1    identity and qualifications of an applicant to operate a
2    facility in accordance with this Act shall be included in
3    the application as required by the Department in
4    regulations.
5(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
 
6    (210 ILCS 45/3-202.05)
7    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
8thereafter.
9    (a) For the purpose of computing staff to resident ratios,
10direct care staff shall include:
11        (1) registered nurses;
12        (2) licensed practical nurses;
13        (3) certified nurse assistants;
14        (4) psychiatric services rehabilitation aides;
15        (5) rehabilitation and therapy aides;
16        (6) psychiatric services rehabilitation coordinators;
17        (7) assistant directors of nursing;
18        (8) 50% of the Director of Nurses' time; and
19        (9) 30% of the Social Services Directors' time.
20    The Department shall, by rule, allow certain facilities
21subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
22S) and 300.6000 and following (Subpart T) to utilize
23specialized clinical staff, as defined in rules, to count
24towards the staffing ratios.
25    (b) Beginning January July 1, 2011, and thereafter, light

 

 

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1intermediate care shall be staffed at the same staffing ratio
2as intermediate care.
3    (c) Facilities shall notify the Department within 60 days
4after the effective date of this amendatory Act of the 96th
5General Assembly, in a form and manner prescribed by the
6Department, of the staffing ratios in effect on the effective
7date of this amendatory Act of the 96th General Assembly for
8both intermediate and skilled care and the number of residents
9receiving each level of care.
10    (d)(1) Effective July 1, 2010, for each resident needing
11skilled care, a minimum staffing ratio of 2.5 hours of nursing
12and personal care each day must be provided; for each resident
13needing intermediate care, 1.7 hours of nursing and personal
14care each day must be provided.
15        (2) Effective January 1, 2011, the minimum staffing
16    ratios shall be increased to 2.7 hours of nursing and
17    personal care each day for a resident needing skilled care
18    and 1.9 hours of nursing and personal care each day for a
19    resident needing intermediate care.
20        (3) Effective January 1, 2012, the minimum staffing
21    ratios shall be increased to 3.0 hours of nursing and
22    personal care each day for a resident needing skilled care
23    and 2.1 hours of nursing and personal care each day for a
24    resident needing intermediate care.
25        (4) Effective January 1, 2013, the minimum staffing
26    ratios shall be increased to 3.4 hours of nursing and

 

 

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1    personal care each day for a resident needing skilled care
2    and 2.3 hours of nursing and personal care each day for a
3    resident needing intermediate care.
4        (5) Effective January 1, 2014, the minimum staffing
5    ratios shall be increased to 3.8 hours of nursing and
6    personal care each day for a resident needing skilled care
7    and 2.5 hours of nursing and personal care each day for a
8    resident needing intermediate care.
9(Source: P.A. 96-1372, eff. 7-29-10.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".