Rep. Dan Reitz

Filed: 4/1/2011

 

 


 

 


 
09700HB1380ham001LRB097 07241 RPM 53718 a

1
AMENDMENT TO HOUSE BILL 1380

2    AMENDMENT NO. ______. Amend House Bill 1380 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-130 as follows:
 
7    (20 ILCS 2310/2310-130)  (was 20 ILCS 2310/55.82)
8    Sec. 2310-130. Medicare or Medicaid certification fee;
9Health Care Facility and Program Survey Fund. To establish and
10charge a fee to any facility or program applying to be
11certified to participate in the Medicare program under Title
12XVIII of the federal Social Security Act or in the Medicaid
13program under Title XIX of the federal Social Security Act to
14cover the costs associated with the application, inspection,
15and survey of the facility or program and processing of the
16application. The Department shall establish the fee by rule,

 

 

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1and the fee shall be based only on those application,
2inspection, and survey and processing costs not reimbursed to
3the State by the federal government. The fee shall be paid by
4the facility or program before the application is processed.
5    The fees received by the Department under this Section
6shall be deposited into the Health Care Facility and Program
7Survey Fund, which is hereby created as a special fund in the
8State treasury. Moneys in the Fund shall be appropriated to the
9Department and may be used for any costs incurred by the
10Department, including personnel costs, in the processing of
11applications for Medicare or Medicaid certification.
12    Beginning July 1, 2011, the Department shall employ a
13minimum of one surveyor for every 500 licensed long term care
14beds. Beginning July 1, 2012, the Department shall employ a
15minimum of one surveyor for every 400 licensed long term care
16beds. Beginning July 1, 2013, the Department shall employ a
17minimum of one surveyor for every 300 licensed long term care
18beds.
19    The Department shall establish a surveyor training unit
20funded from money deposited in the Long Term Care
21Monitor/Receiver Fund.
22(Source: P.A. 96-1372, eff. 7-29-10.)
 
23    Section 10. The Nursing Home Care Act is amended by
24changing Section 3-103 as follows:
 

 

 

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1    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)
2    Sec. 3-103. The procedure for obtaining a valid license
3shall be as follows:
4        (1) Application to operate a facility shall be made to
5    the Department on forms furnished by the Department.
6        (2) All license applications shall be accompanied with
7    an application fee. The fee for an annual license shall be
8    $1,990. Facilities that pay a fee or assessment pursuant to
9    Article V-C of the Illinois Public Aid Code shall be exempt
10    from the license fee imposed under this item (2). The fee
11    for a 2-year license shall be double the fee for the annual
12    license. The fees collected shall be deposited with the
13    State Treasurer into the Long Term Care Monitor/Receiver
14    Fund, which has been created as a special fund in the State
15    treasury. This special fund is to be used by the Department
16    for expenses related to the appointment of monitors and
17    receivers as contained in Sections 3-501 through 3-517 of
18    this Act, for the enforcement of this Act, for expenses
19    related to surveyor training, and for implementation of the
20    Abuse Prevention Review Team Act. All federal moneys
21    received as a result of expenditures from the Fund shall be
22    deposited into the Fund. The Department may reduce or waive
23    a penalty pursuant to Section 3-308 only if that action
24    will not threaten the ability of the Department to meet the
25    expenses required to be met by the Long Term Care
26    Monitor/Receiver Fund. The application shall be under oath

 

 

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1    and the submission of false or misleading information shall
2    be a Class A misdemeanor. The application shall contain the
3    following information:
4            (a) The name and address of the applicant if an
5        individual, and if a firm, partnership, or
6        association, of every member thereof, and in the case
7        of a corporation, the name and address thereof and of
8        its officers and its registered agent, and in the case
9        of a unit of local government, the name and address of
10        its chief executive officer;
11            (b) The name and location of the facility for which
12        a license is sought;
13            (c) The name of the person or persons under whose
14        management or supervision the facility will be
15        conducted;
16            (d) The number and type of residents for which
17        maintenance, personal care, or nursing is to be
18        provided; and
19            (e) Such information relating to the number,
20        experience, and training of the employees of the
21        facility, any management agreements for the operation
22        of the facility, and of the moral character of the
23        applicant and employees as the Department may deem
24        necessary.
25        (3) Each initial application shall be accompanied by a
26    financial statement setting forth the financial condition

 

 

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1    of the applicant and by a statement from the unit of local
2    government having zoning jurisdiction over the facility's
3    location stating that the location of the facility is not
4    in violation of a zoning ordinance. An initial application
5    for a new facility shall be accompanied by a permit as
6    required by the "Illinois Health Facilities Planning Act".
7    After the application is approved, the applicant shall
8    advise the Department every 6 months of any changes in the
9    information originally provided in the application.
10        (4) Other information necessary to determine the
11    identity and qualifications of an applicant to operate a
12    facility in accordance with this Act shall be included in
13    the application as required by the Department in
14    regulations.
15(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10;
1696-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised
172-23-11.)".