101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4923

 

Introduced 2/18/2020, by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-303.1  from Ch. 111 1/2, par. 4153-303.1

    Amends the Nursing Home Care Act. Provides that a facility that determines that, despite its diligent efforts, it is unable to employ the number of registered nurses under specified minimum staffing requirements may seek a waiver from those requirements regardless of whether or not the facility has been determined by the Department of Public Health to be in violation of those requirements.


LRB101 19411 CPF 68883 b

 

 

A BILL FOR

 

HB4923LRB101 19411 CPF 68883 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-303.1 as follows:
 
6    (210 ILCS 45/3-303.1)  (from Ch. 111 1/2, par. 4153-303.1)
7    Sec. 3-303.1. Waiver of requirements.
8    (a) Upon application by a facility, the Director may grant
9or renew the waiver of the facility's compliance with a rule or
10standard for a period not to exceed the duration of the current
11license or, in the case of an application for license renewal,
12the duration of the renewal period. The waiver may be
13conditioned upon the facility taking action prescribed by the
14Director as a measure equivalent to compliance. In determining
15whether to grant or renew a waiver, the Director shall consider
16the duration and basis for any current waiver with respect to
17the same rule or standard and the validity and effect upon
18patient health and safety of extending it on the same basis,
19the effect upon the health and safety of residents, the quality
20of resident care, the facility's history of compliance with the
21rules and standards of this Act, and the facility's attempts to
22comply with the particular rule or standard in question.
23    (b) The Department may provide, by rule, for the automatic

 

 

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1renewal of waivers concerning physical plant requirements upon
2the renewal of a license. The Department shall renew waivers
3relating to physical plant standards issued pursuant to this
4Section at the time of the indicated reviews, unless it can
5show why such waivers should not be extended for the following
6reasons:
7        (1) the condition of the physical plant has
8    deteriorated or its use substantially changed so that the
9    basis upon which the waiver was issued is materially
10    different; or
11        (2) the facility is renovated or substantially
12    remodeled in such a way as to permit compliance with the
13    applicable rules and standards without substantial
14    increase in cost.
15    (c) A facility that determines that, despite its diligent
16efforts, it is unable to employ the required number of
17registered nurses under subsection (e) of Section 3-202.05 may
18seek a waiver from those requirements regardless of whether or
19not the facility has been determined by the Department to be in
20violation of the requirements. Upon application by a facility,
21the Director may grant or renew a waiver, in whole or in part,
22of the registered nurse staffing requirements contained in
23subsection (e) of Section 3-202.05, considering the criteria in
24subsection (a) of this Section, if the facility demonstrates to
25the Director's satisfaction that the facility is unable,
26despite diligent efforts, including offering wages at a

 

 

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1competitive rate for registered nurses in the community, to
2employ the required number of registered nurses and that the
3waivers will not endanger the health or safety of residents of
4the facility. A facility in compliance with the terms of a
5waiver granted under this subsection shall not be subject to
6fines or penalties imposed by the Department for violating the
7registered nurse staffing requirements of subsection (e) of
8Section 3-202.05. Nothing in this subsection (c) allows the
9Director to grant or renew a waiver of the minimum registered
10nurse staffing requirements contained in 42 CFR 483.35(b) to a
11facility that is Medicare-certified or to a facility that is
12both Medicare-certified and Medicaid-certified. Waivers
13granted under this subsection (c) shall be reviewed quarterly
14by the Department, including requiring a demonstration by the
15facility that it has continued to make diligent efforts to
16employ the required number of registered nurses, and shall be
17revoked for noncompliance with any of the following
18requirements:
19        (1) For periods in which the number of registered
20    nurses required by law is not in the facility, a physician
21    or registered nurse shall respond immediately to a
22    telephone call from the facility.
23        (2) The facility shall notify the following of the
24    waiver: the Office of the State Long Term Care Ombudsman,
25    the residents of the facility, the residents' guardians,
26    and the residents' representatives.

 

 

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1    (d) A copy of each waiver application and each waiver
2granted or renewed shall be on file with the Department and
3available for public inspection. The Director shall annually
4review such file and recommend to the Long-Term Care Facility
5Advisory Board any modification in rules or standards suggested
6by the number and nature of waivers requested and granted and
7the difficulties faced in compliance by similarly situated
8facilities.
9(Source: P.A. 100-201, eff. 8-18-17; 100-217, eff. 8-18-17.)