97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1283

 

Introduced 2/8/2011, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-110  from Ch. 111 1/2, par. 4153-110
210 ILCS 47/3-110

    Amends the Nursing Home Care Act and the MR/DD Community Care Act to delete the provisions allowing for licensure for a period of 2 years for facilities operating pursuant to the respective Acts.


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A BILL FOR

 

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1    AN ACT concerning health facilities.
 
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
5Section 3-110 as follows:
 
6    (210 ILCS 45/3-110)  (from Ch. 111 1/2, par. 4153-110)
7    Sec. 3-110. (a) Any license granted by the Director shall
8state the maximum bed capacity for which it is granted, the
9date the license was issued, and the expiration date. Such
10Except as provided in subsection (b), such licenses shall
11normally be issued for a period of one year. However, the
12Director may issue licenses or renewals for periods of not less
13than 6 months nor more than 18 months for facilities with
14annual licenses and not less than 18 months nor more than 30
15months for facilities with 2-year licenses in order to
16distribute the expiration dates of such licenses throughout the
17calendar year, and fees for such licenses shall be prorated on
18the basis of the portion of a year for which they are issued.
19Each license shall be issued only for the premises and persons
20named in the application and shall not be transferable or
21assignable.
22    The Department shall require the licensee to comply with
23the requirements of a court order issued under Section 3-515,

 

 

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1as a condition of licensing.
2    (b) (Blank) A license for a period of 2 years shall be
3issued to a facility if the facility:
4        (1) has not received a Type A violation within the last
5    24 months;
6        (2) has not received a Type B violation within the last
7    24 months;
8        (3) has not had an inspection, survey, or evaluation
9    that resulted in the issuance of 10 or more administrative
10    warnings in the last 24 months;
11        (4) has not had an inspection, survey, or evaluation
12    that resulted in an administrative warning issued for a
13    violation of Sections 3-401 through 3-413 in the last 24
14    months;
15        (5) has not been issued an order to reimburse a
16    resident for a violation of Article II under subsection (6)
17    of Section 3-305 in the last 24 months; and
18        (6) has not been subject to sanctions or
19    decertification for violations in relation to patient care
20    of a facility under Titles XVIII and XIX of the federal
21    Social Security Act within the last 24 months.
22    If a facility with a 2-year license fails to meet the
23conditions in items (1) through (6) of this subsection, in
24addition to any other sanctions that may be applied by the
25Department under this Act, the facility's 2-year license shall
26be replaced by a one-year license until such time as the

 

 

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1facility again meets the conditions in items (1) through (6) of
2this subsection.
3(Source: P.A. 87-549; 87-1102.)
 
4    Section 10. The MR/DD Community Care Act is amended by
5changing Section 3-110 as follows:
 
6    (210 ILCS 47/3-110)
7    Sec. 3-110. Contents and period of license.
8    (a) Any license granted by the Director shall state the
9maximum bed capacity for which it is granted, the date the
10license was issued, and the expiration date. Such Except as
11provided in subsection (b), such licenses shall normally be
12issued for a period of one year. However, the Director may
13issue licenses or renewals for periods of not less than 6
14months nor more than 18 months for facilities with annual
15licenses and not less than 18 months nor more than 30 months
16for facilities with 2-year licenses in order to distribute the
17expiration dates of such licenses throughout the calendar year,
18and fees for such licenses shall be prorated on the basis of
19the portion of a year for which they are issued. Each license
20shall be issued only for the premises and persons named in the
21application and shall not be transferable or assignable.
22    The Department shall require the licensee to comply with
23the requirements of a court order issued under Section 3-515,
24as a condition of licensing.

 

 

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1    (b) (Blank) A license for a period of 2 years shall be
2issued to a facility if the facility:
3        (1) has not received a Type "A" violation within the
4    last 24 months;
5        (2) has not received a Type "B" violation within the
6    last 24 months;
7        (3) has not had an inspection, survey, or evaluation
8    that resulted in the issuance of 10 or more administrative
9    warnings in the last 24 months;
10        (4) has not had an inspection, survey, or evaluation
11    that resulted in an administrative warning issued for a
12    violation of Sections 3-401 through 3-413 in the last 24
13    months;
14        (5) has not been issued an order to reimburse a
15    resident for a violation of Article II under subsection (6)
16    of Section 3-305 in the last 24 months; and
17        (6) has not been subject to sanctions or
18    decertification for violations in relation to patient care
19    of a facility under Titles XVIII and XIX of the federal
20    Social Security Act within the last 24 months.
21    If a facility with a 2-year license fails to meet the
22conditions in items (1) through (6) of this subsection, in
23addition to any other sanctions that may be applied by the
24Department under this Act, the facility's 2-year license shall
25be replaced by a one year license until such time as the
26facility again meets the conditions in items (1) through (6) of

 

 

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1this subsection.
2(Source: P.A. 96-339, eff. 7-1-10.)