Public Act 097-0489
 
HB1380 EnrolledLRB097 07241 RPM 47349 b

    AN ACT concerning health facilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-130 as follows:
 
    (20 ILCS 2310/2310-130)  (was 20 ILCS 2310/55.82)
    Sec. 2310-130. Medicare or Medicaid certification fee;
Health Care Facility and Program Survey Fund. To establish and
charge a fee to any facility or program applying to be
certified to participate in the Medicare program under Title
XVIII of the federal Social Security Act or in the Medicaid
program under Title XIX of the federal Social Security Act to
cover the costs associated with the application, inspection,
and survey of the facility or program and processing of the
application. The Department shall establish the fee by rule,
and the fee shall be based only on those application,
inspection, and survey and processing costs not reimbursed to
the State by the federal government. The fee shall be paid by
the facility or program before the application is processed.
    The fees received by the Department under this Section
shall be deposited into the Health Care Facility and Program
Survey Fund, which is hereby created as a special fund in the
State treasury. Moneys in the Fund shall be appropriated to the
Department and may be used for any costs incurred by the
Department, including personnel costs, in the processing of
applications for Medicare or Medicaid certification.
    Beginning July 1, 2011, the Department shall employ a
minimum of one surveyor for every 500 licensed long term care
beds. Beginning July 1, 2012, the Department shall employ a
minimum of one surveyor for every 400 licensed long term care
beds. Beginning July 1, 2013, the Department shall employ a
minimum of one surveyor for every 300 licensed long term care
beds.
    The Department shall establish a surveyor development unit
funded from money deposited in the Long Term Care
Monitor/Receiver Fund.
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 10. The Nursing Home Care Act is amended by
changing Section 3-103 as follows:
 
    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)
    Sec. 3-103. The procedure for obtaining a valid license
shall be as follows:
        (1) Application to operate a facility shall be made to
    the Department on forms furnished by the Department.
        (2) All license applications shall be accompanied with
    an application fee. The fee for an annual license shall be
    $1,990. Facilities that pay a fee or assessment pursuant to
    Article V-C of the Illinois Public Aid Code shall be exempt
    from the license fee imposed under this item (2). The fee
    for a 2-year license shall be double the fee for the annual
    license. The fees collected shall be deposited with the
    State Treasurer into the Long Term Care Monitor/Receiver
    Fund, which has been created as a special fund in the State
    treasury. This special fund is to be used by the Department
    for expenses related to the appointment of monitors and
    receivers as contained in Sections 3-501 through 3-517 of
    this Act, for the enforcement of this Act, for expenses
    related to surveyor development, and for implementation of
    the Abuse Prevention Review Team Act. All federal moneys
    received as a result of expenditures from the Fund shall be
    deposited into the Fund. The Department may reduce or waive
    a penalty pursuant to Section 3-308 only if that action
    will not threaten the ability of the Department to meet the
    expenses required to be met by the Long Term Care
    Monitor/Receiver Fund. The application shall be under oath
    and the submission of false or misleading information shall
    be a Class A misdemeanor. The application shall contain the
    following information:
            (a) The name and address of the applicant if an
        individual, and if a firm, partnership, or
        association, of every member thereof, and in the case
        of a corporation, the name and address thereof and of
        its officers and its registered agent, and in the case
        of a unit of local government, the name and address of
        its chief executive officer;
            (b) The name and location of the facility for which
        a license is sought;
            (c) The name of the person or persons under whose
        management or supervision the facility will be
        conducted;
            (d) The number and type of residents for which
        maintenance, personal care, or nursing is to be
        provided; and
            (e) Such information relating to the number,
        experience, and training of the employees of the
        facility, any management agreements for the operation
        of the facility, and of the moral character of the
        applicant and employees as the Department may deem
        necessary.
        (3) Each initial application shall be accompanied by a
    financial statement setting forth the financial condition
    of the applicant and by a statement from the unit of local
    government having zoning jurisdiction over the facility's
    location stating that the location of the facility is not
    in violation of a zoning ordinance. An initial application
    for a new facility shall be accompanied by a permit as
    required by the "Illinois Health Facilities Planning Act".
    After the application is approved, the applicant shall
    advise the Department every 6 months of any changes in the
    information originally provided in the application.
        (4) Other information necessary to determine the
    identity and qualifications of an applicant to operate a
    facility in accordance with this Act shall be included in
    the application as required by the Department in
    regulations.
(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10;
96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised
2-23-11.)