Public Act 096-1504
 
HB1716 EnrolledLRB096 05341 DRJ 15407 b



    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
 
    Section 5. The Nursing Home Care Act is amended  by changing 
Sections 3-103 and 3-202.05 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 set forth in the
preceding sentence. 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, and for implementation of the 
    Abuse Prevention Review Team Act. 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.  At the end of each fiscal year, any 
    funds in excess of
$1,000,000 held in the Long Term Care 
    Monitor/Receiver Fund shall be
deposited in the State's 
    General Revenue 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.)

 
    (210 ILCS 45/3-202.05)
    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and 
thereafter.
    (a) For the purpose of computing staff to resident ratios, 
direct care staff shall include:
        (1) registered nurses;
        (2) licensed practical nurses;
        (3) certified nurse assistants;
        (4) psychiatric services rehabilitation aides;
        (5) rehabilitation and therapy aides;
        (6)  psychiatric services rehabilitation coordinators;
        (7) assistant directors of nursing;
        (8) 50% of the Director of Nurses' time; and
        (9) 30% of the Social Services Directors' time.
    The Department shall, by rule, allow certain facilities 
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart 
S) and 300.6000 and following (Subpart T) to utilize 
specialized clinical staff, as defined in rules, to count 
towards the staffing ratios. 
    (b) Beginning January July 1, 2011, and thereafter, light 
intermediate care shall be staffed at the same staffing ratio 
as intermediate care.
    (c) Facilities shall notify the Department within 60 days 
after the effective date of this amendatory Act of the 96th 
General Assembly, in a form and manner prescribed by the 
Department, of the staffing ratios in effect on the effective 
date of this amendatory Act of the 96th General Assembly for 
both intermediate and skilled care and the number of residents 
receiving each level of care. 
    (d)(1) Effective July 1, 2010, for each resident needing 
skilled care, a minimum staffing ratio of 2.5 hours of nursing 
and personal care each day must be provided; for each resident 
needing intermediate care, 1.7 hours of nursing and personal 
care each day must be provided.
        (2) Effective January 1, 2011, the minimum staffing 
    ratios shall be increased to 2.7 hours of nursing and 
    personal care each day for a resident needing skilled care 
    and 1.9 hours of nursing and personal care each day for a 
    resident needing intermediate care.
        (3) Effective January 1, 2012, the minimum staffing 
    ratios shall be increased to 3.0 hours of nursing and 
    personal care each day for a resident needing skilled care 
    and 2.1 hours of nursing and personal care each day for a 
    resident needing intermediate care.
        (4) Effective January 1, 2013, the minimum staffing 
    ratios shall be increased to 3.4 hours of nursing and 
    personal care each day for a resident needing skilled care 
    and 2.3 hours of nursing and personal care each day for a 
    resident needing intermediate care.
        (5) Effective January 1, 2014, the minimum staffing 
    ratios shall be increased to 3.8 hours of nursing and 
    personal care each day for a resident needing skilled care 
    and 2.5 hours of nursing and personal care each day for a 
    resident needing intermediate care. 

(Source: P.A. 96-1372, eff. 7-29-10.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  1/27/2011