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|[ Introduced ]||[ Senate Amendment 001 ]|
91_HB1617eng HB1617 Engrossed LRB9105187ACtm 1 AN ACT to amend the Nursing Home Care Act by changing 2 Section 3-119. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Nursing Home Care Act is amended by 6 changing Section 3-119 as follows: 7 (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119) 8 Sec. 3-119. (a) The Department, after notice to the 9 applicant or licensee, may suspend, revoke or refuse to renew 10 a license in any case in which the Department finds any of 11 the following: 12 (1) There has been a substantial failure to comply 13 with this Act or the rules and regulations promulgated by 14 the Department under this Act.
;15 (2) Conviction of the licensee, or of the person 16 designated to manage or supervise the facility, of a 17 felony, or of 2 or more misdemeanors involving moral 18 turpitude, during the previous 5 years as shown by a 19 certified copy of the record of the court of conviction. ;20 21 (3) Personnel is insufficient in number or 22 unqualified by training or experience to properly care 23 for the number and type of residents served by the 24 facility. ;25 (4) Financial or other resources are insufficient 26 to conduct and operate the facility in accordance with 27 standards promulgated by the Department under this Act. ;28 and29 (5) The facility is not under the direct 30 supervision of a full-time administrator, as defined by 31 regulation, who is licensed, if required, under the HB1617 Engrossed -2- LRB9105187ACtm 1 Nursing Home Administrators Licensing Act. 2 (6) The facility has barred a resident from 3 receiving visitors during otherwise normal visiting 4 hours, unless the resident requests the bar or the bar is 5 imposed by court order. 6 (b) Notice under this Section shall include a clear and 7 concise statement of the violations on which the nonrenewal 8 or revocation is based, the statute or rule violated and 9 notice of the opportunity for a hearing under Section 3-703. 10 (c) If a facility desires to contest the nonrenewal or 11 revocation of a license, the facility shall, within 10 days 12 after receipt of notice under subsection (b) of this Section, 13 notify the Department in writing of its request for a hearing 14 under Section 3-703. Upon receipt of the request the 15 Department shall send notice to the facility and hold a 16 hearing as provided under Section 3-703. 17 (d) The effective date of nonrenewal or revocation of a 18 license by the Department shall be any of the following: 19 (1) Until otherwise ordered by the circuit court, 20 revocation is effective on the date set by the Department 21 in the notice of revocation, or upon final action after 22 hearing under Section 3-703, whichever is later; 23 (2) Until otherwise ordered by the circuit court, 24 nonrenewal is effective on the date of expiration of any 25 existing license, or upon final action after hearing 26 under Section 3-703, whichever is later; however, a 27 license shall not be deemed to have expired if the 28 Department fails to timely respond to a timely request 29 for renewal under this Act or for a hearing to contest 30 nonrenewal under paragraph (c); or 31 (3) The Department may extend the effective date of 32 license revocation or expiration in any case in order to 33 permit orderly removal and relocation of residents. 34 The Department may refuse to issue or may suspend the HB1617 Engrossed -3- LRB9105187ACtm 1 license of any person who fails to file a return, or to pay 2 the tax, penalty or interest shown in a filed return, or to 3 pay any final assessment of tax, penalty or interest, as 4 required by any tax Act administered by the Illinois 5 Department of Revenue, until such time as the requirements of 6 any such tax Act are satisfied. 7 (Source: P.A. 85-1337.)
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