Rep. Anna Moeller

Filed: 3/21/2023

 

 


 

 


 
10300HB2076ham001LRB103 27114 AWJ 59426 a

1
AMENDMENT TO HOUSE BILL 2076

2    AMENDMENT NO. ______. Amend House Bill 2076 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 3-304.2 as follows:
 
6    (210 ILCS 45/3-304.2)
7    Sec. 3-304.2. Designation of distressed facilities.
8    (a) (Blank). By May 1, 2011, and quarterly thereafter, the
9Department shall generate and publish quarterly a list of
10distressed facilities. Criteria for inclusion of certified
11facilities on the list shall be those used by the U.S. General
12Accounting Office in report 9-689, until such time as the
13Department by rule modifies the criteria.
14    (b) (Blank). In deciding whether and how to modify the
15criteria used by the General Accounting Office, the Department
16shall complete a test run of any substitute criteria to

 

 

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1determine their reliability by comparing the number of
2facilities identified as distressed against the number of
3distressed facilities generated using the criteria contained
4in the General Accounting Office report. The Department may
5not adopt substitute criteria that generate fewer facilities
6with a distressed designation than are produced by the General
7Accounting Office criteria during the test run.
8    (b-5) The Department shall, by rule, adopt criteria to
9identify distressed facilities and shall publish a list of
10distressed facilities quarterly. The Department shall, by
11rule, create a timeframe and a procedure on how a facility can
12be removed from the list. No facility shall be identified as a
13distressed facility unless it has committed a violation or
14deficiency that has harmed a resident.
15    (c) The Department shall, by rule, adopt criteria to
16identify non-Medicaid-certified facilities that are distressed
17and shall publish this list quarterly. The list may not
18contain more than 40 facilities per quarter beginning October
191, 2011.
20    (d) The Department shall notify each facility of its
21distressed designation, and of the calculation on which it is
22based. A facility has the right to appeal a designation, and
23the procedure for appealing shall be outlined in rule.
24    (e) A distressed facility may contract with an independent
25consultant meeting criteria established by the Department. If
26the distressed facility does not seek the assistance of an

 

 

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1independent consultant, the Department shall place a monitor
2or a temporary manager in the facility, depending on the
3Department's assessment of the condition of the facility.
4    (f) Independent consultant. A facility that has been
5designated a distressed facility may contract with an
6independent consultant to develop and assist in the
7implementation of a plan of improvement to bring and keep the
8facility in compliance with this Act and, if applicable, with
9federal certification requirements. A facility that contracts
10with an independent consultant shall have 90 days to develop a
11plan of improvement and demonstrate a good faith effort at
12implementation, and another 90 days to achieve compliance and
13take whatever additional actions are called for in the
14improvement plan to maintain compliance. A facility that the
15Department determines has a plan of improvement likely to
16bring and keep the facility in compliance and that has
17demonstrated good faith efforts at implementation within the
18first 90 days may be eligible to receive a grant under the
19Equity in Long-term Care Quality Act to assist it in achieving
20and maintaining compliance. In this subsection, "independent"
21consultant means an individual who has no professional or
22financial relationship with the facility, any person with a
23reportable ownership interest in the facility, or any related
24parties. In this subsection, "related parties" has the meaning
25attributed to it in the instructions for completing Medicaid
26cost reports.

 

 

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1    (f-5) Monitor and temporary managers. A distressed
2facility that does not contract with a consultant shall be
3assigned a monitor or a temporary manager at the Department's
4discretion. The monitor cost of the temporary manager shall be
5paid by the facility. The temporary manager shall have the
6authority determined by the Department, which may grant the
7temporary manager any or all of the authority a court may grant
8a receiver. The temporary manager may apply to the Equity in
9Long-term Care Quality Fund on behalf on the facility for
10grant funds to implement the plan of improvement.
11    (g) The Department shall, by rule, establish a mentor
12program for owners and operators of distressed facilities. The
13mentor program shall provide technical assistance and guidance
14to facilities.
15    (h) The Department shall by rule establish sanctions (in
16addition to those authorized elsewhere in this Article)
17against distressed facilities that are not in compliance with
18this Act and (if applicable) with federal certification
19requirements. Criteria for imposing sanctions shall take into
20account a facility's actions to address the violations and
21deficiencies that caused its designation as a distressed
22facility, and its compliance with this Act and with federal
23certification requirements (if applicable), subsequent to its
24designation as a distressed facility, including mandatory
25revocations if criteria can be agreed upon by the Department,
26resident advocates, and representatives of the nursing home

 

 

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1profession. By February 1, 2011, the Department shall report
2to the General Assembly on the results of negotiations about
3creating criteria for mandatory license revocations of
4distressed facilities and make recommendations about any
5statutory changes it believes are appropriate to protect the
6health, safety, and welfare of nursing home residents.
7    (i) The Department may establish, by rule, criteria for
8restricting an owner of a facility from acquiring additional
9nursing facilities if the owner of a facility was placed on the
10distressed list while it was owned by that owner from
11acquiring additional skilled nursing facilities. The
12Department may not prohibit an owner who acquires ownership of
13a facility that is already on the distressed facility list
14before the owner's acquisition of the facility from acquiring
15additional skilled nursing facilities.
16    (j) This Section does not apply to homes, institutions, or
17other places operated by or under the authority of the
18Illinois Department of Veterans' Affairs as these facilities
19are certified by the United States Department of Veterans
20Affairs and not the Centers for Medicare and Medicaid
21Services.
22(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)".