Full Text of HB4735 93rd General Assembly
HB4735ham001 93RD GENERAL ASSEMBLY
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Human Services Committee
Adopted in House Comm. on Mar 04, 2004
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LRB093 19043 AMC 48092 a |
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| AMENDMENT TO HOUSE BILL 4735
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| AMENDMENT NO. ______. Amend House Bill 4735 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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LRB093 19043 AMC 48092 a |
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| 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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| 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
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| (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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| 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.
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| 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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| Section 95. The State Finance Act is amended by adding | 2 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Nursing Facility Conversion and | 5 |
| Modernization Fund.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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