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Public Act 100-0217


 

Public Act 0217 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0217
 
SB0626 EnrolledLRB100 07024 MJP 17078 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
Section 3-303.1 as follows:
 
    (210 ILCS 45/3-303.1)  (from Ch. 111 1/2, par. 4153-303.1)
    Sec. 3-303.1. Waiver of requirements.
    (a) Upon application by a facility, the Director may grant
or renew the waiver of the facility's compliance with a rule or
standard for a period not to exceed the duration of the current
license or, in the case of an application for license renewal,
the duration of the renewal period. The waiver may be
conditioned upon the facility taking action prescribed by the
Director as a measure equivalent to compliance. In determining
whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to
the same rule or standard and the validity and effect upon
patient health and safety of extending it on the same basis,
the effect upon the health and safety of residents, the quality
of resident care, the facility's history of compliance with the
rules and standards of this Act, and the facility's attempts to
comply with the particular rule or standard in question.
    (b) The Department may provide, by rule, for the automatic
renewal of waivers concerning physical plant requirements upon
the renewal of a license. The Department shall renew waivers
relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can
show why such waivers should not be extended for the following
reasons:
        (1) (a) the condition of the physical plant has
    deteriorated or its use substantially changed so that the
    basis upon which the waiver was issued is materially
    different; or
        (2) (b) the facility is renovated or substantially
    remodeled in such a way as to permit compliance with the
    applicable rules and standards without substantial
    increase in cost.
    (c) Upon application by a facility, the Director may grant
or renew a waiver, in whole or in part, of the registered nurse
staffing requirements contained in subsection (e) of Section
3-202.05, considering the criteria in subsection (a) of this
Section, if the facility demonstrates to the Director's
satisfaction that the facility is unable, despite diligent
efforts, including offering wages at a competitive rate for
registered nurses in the community, to employ the required
number of registered nurses and that the waivers will not
endanger the health or safety of residents of the facility. A
facility in compliance with the terms of a waiver granted under
this subsection shall not be subject to fines or penalties
imposed by the Department for violating the registered nurse
staffing requirements of subsection (e) of Section 3-202.05.
Nothing in this subsection (c) allows the Director to grant or
renew a waiver of the minimum registered nurse staffing
requirements contained in 42 CFR 483.35(b) to a facility that
is Medicare-certified or to a facility that is both
Medicare-certified and Medicaid-certified. Waivers granted
under this subsection (c) shall be reviewed quarterly by the
Department, including requiring a demonstration by the
facility that it has continued to make diligent efforts to
employ the required number of registered nurses, and shall be
revoked for noncompliance with any of the following
requirements:
        (1) For periods in which the number of registered
    nurses required by law is not in the facility, a physician
    or registered nurse shall respond immediately to a
    telephone call from the facility.
        (2) The facility shall notify the following of the
    waiver: the Office of the State Long Term Care Ombudsman,
    the residents of the facility, the residents' guardians,
    and the residents' representatives.
    (d) A copy of each waiver application and each waiver
granted or renewed shall be on file with the Department and
available for public inspection. The Director shall annually
review such file and recommend to the Long-Term Long Term Care
Facility Advisory Board any modification in rules or standards
suggested by the number and nature of waivers requested and
granted and the difficulties faced in compliance by similarly
situated facilities.
(Source: P.A. 85-1216; revised 10-26-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017