103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3112

 

Introduced 2/2/2024, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-204  from Ch. 111 1/2, par. 4152-204
210 ILCS 47/2-204

    Amends the Nursing Home Care Act. Provides that an affirmative vote of a simple majority of a quorum of the Board shall be necessary for Board action (instead of an affirmative vote of 6 members of the Board). Provides that a quorum shall be a majority in attendance of voting members. Provides that all draft rules and documents shall be provided at least 7 days prior to a meeting for all Board members to review. Provides that all Board meetings shall be conducted within 90 days of a request for advice from the Department of Public Health or the 90-day window shall be extended to ensure the Board has had an opportunity to act upon the proposed rules. Amends the ID/DD Community Care Act. Provides that an affirmative vote of a simple majority of a quorum of the Board shall be necessary for Board action (instead of an affirmative vote of 6 members of the Board). Provides that a quorum shall be a majority in attendance of voting members. Provides that all draft rules and documents shall be provided at least 7 days prior to a meeting for all Board members to review. Provides that all Board meetings shall be conducted within 90 days of a request for advice from the Department of Public Health or the 90-day window shall be extended to ensure the Board has had an opportunity to act upon the proposed rules.


LRB103 37124 CES 67243 b

 

 

A BILL FOR

 

SB3112LRB103 37124 CES 67243 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
5changing Section 2-204 as follows:
 
6    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
7    Sec. 2-204. The Director shall appoint a Long-Term Care
8Facility Advisory Board to consult with the Department and the
9residents' advisory councils created under Section 2-203.
10    (a) The Board shall be comprised of the following persons:
11        (1) The Director who shall serve as chairman, ex
12    officio and nonvoting; and
13        (2) One representative each of the Department of
14    Healthcare and Family Services, the Department of Human
15    Services, the Department on Aging, and the Office of the
16    State Fire Marshal, all nonvoting members;
17        (2.5) One member who represents local health
18    departments who is a nonvoting member;
19        (3) One member who shall be a physician licensed to
20    practice medicine in all its branches;
21        (4) One member who shall be a registered nurse
22    selected from the recommendations of professional nursing
23    associations;

 

 

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1        (5) Four members who shall be selected from the
2    recommendations by organizations whose membership consists
3    of facilities;
4        (6) Two members who shall represent the general public
5    who are not members of a residents' advisory council
6    established under Section 2-203 and who have no
7    responsibility for management or formation of policy or
8    financial interest in a facility;
9        (7) One member who is a member of a residents'
10    advisory council established under Section 2-203 and is
11    capable of actively participating on the Board; and
12        (8) One member who shall be selected from the
13    recommendations of consumer organizations which engage
14    solely in advocacy or legal representation on behalf of
15    residents and their immediate families.
16    (b) The terms of those members of the Board appointed
17prior to the effective date of this amendatory Act of 1988
18shall expire on December 31, 1988. Members of the Board
19created by this amendatory Act of 1988 shall be appointed to
20serve for terms as follows: 3 for 2 years, 3 for 3 years and 3
21for 4 years. The member of the Board added by this amendatory
22Act of 1989 shall be appointed to serve for a term of 4 years.
23Each successor member shall be appointed for a term of 4 years.
24Any member appointed to fill a vacancy occurring prior to the
25expiration of the term for which his predecessor was appointed
26shall be appointed for the remainder of such term. The Board

 

 

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1shall meet as frequently as the chairman deems necessary, but
2not less than 4 times each year. Upon request by 4 or more
3members the chairman shall call a meeting of the Board. The
4affirmative vote of a simple majority of a quorum 6 members of
5the Board shall be necessary for Board action. A quorum shall
6be a majority in attendance of voting members. A member of the
7Board can designate a replacement to serve at the Board
8meeting and vote in place of the member by submitting a letter
9of designation to the chairman prior to or at the Board
10meeting. The Board members shall be reimbursed for their
11actual expenses incurred in the performance of their duties.
12    (c) The Advisory Board shall advise the Department of
13Public Health on all aspects of its responsibilities under
14this Act and the Specialized Mental Health Rehabilitation Act
15of 2013, including the format and content of any rules
16promulgated by the Department of Public Health. All draft
17rules and documents shall be provided at least 7 days prior to
18a meeting for all board members to review. Any such rules,
19except emergency rules promulgated pursuant to Section 5-45 of
20the Illinois Administrative Procedure Act, promulgated without
21obtaining the advice of the Advisory Board are null and void.
22In the event that the Department fails to follow the advice of
23the Board, the Department shall, prior to the promulgation of
24such rules, transmit a written explanation of the reason
25thereof to the Board. During its review of rules, the Board
26shall analyze the economic and regulatory impact of those

 

 

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1rules. If the Advisory Board, having been asked for its
2advice, fails to advise the Department within 90 days, the
3rules shall be considered acted upon. In order to provide
4appropriate feedback, board meetings shall be conducted within
5the 90-day window, or the 90 days shall be extended to ensure
6the Board has had an opportunity to act upon the proposed
7rules.
8(Source: P.A. 102-432, eff. 8-20-21.)
 
9    Section 10. The ID/DD Community Care Act is amended by
10changing Section 2-204 as follows:
 
11    (210 ILCS 47/2-204)
12    Sec. 2-204. DD Facility Advisory Board. The Director shall
13appoint a DD Facility Advisory Board to consult with the
14Department and the residents' advisory councils created under
15Section 2-203.
16    (a) The Advisory Board shall be composed of the following
17persons:
18        (1) the Director who shall serve as chairperson, ex
19    officio, and nonvoting;
20        (2) one representative each of the Department of
21    Healthcare and Family Services, the Department of Human
22    Services, and the Office of the State Fire Marshal, all
23    nonvoting members;
24        (3) one member who shall be a physician licensed to

 

 

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1    practice medicine in all its branches;
2        (4) one member who shall be a behavioral specialist
3    selected from the recommendations of the Department of
4    Human Services;
5        (5) three members who shall be selected from the
6    recommendations by organizations whose membership consists
7    of facilities;
8        (6) two members who shall represent the general public
9    who are not members of a residents' advisory council
10    established under Section 2-203 and who have no
11    responsibility for management or formation of policy or
12    financial interest in a facility;
13        (7) one member who is a member of a residents'
14    advisory council established under Section 2-203 and is
15    capable of actively participating on the Advisory Board;
16    and
17        (8) one member who shall be selected from the
18    recommendations of consumer organizations that engage
19    solely in advocacy or legal representation on behalf of
20    residents and their immediate families.
21    (b) The Advisory Board shall meet as frequently as the
22chairperson deems necessary, but not less than 4 times each
23year. Upon request by 4 or more members, the chairperson shall
24call a meeting of the Advisory Board. The affirmative vote of a
25simple majority of a quorum 6 members of the Advisory Board
26shall be necessary for Advisory Board action. A quorum shall

 

 

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1be a majority in attendance of voting members. A member of the
2Advisory Board may designate a replacement to serve at the
3Advisory Board meeting and vote in place of the member by
4submitting a letter of designation to the chairperson prior to
5or at the Advisory Board meeting. The Advisory Board members
6shall be reimbursed for their actual expenses incurred in the
7performance of their duties.
8    (c) The Advisory Board shall advise the Department of
9Public Health on all aspects of its responsibilities under
10this Act, including the format and content of any rules
11promulgated by the Department of Public Health. All draft
12rules and documents shall be provided at least 7 days prior to
13a meeting for all board members to review. Any such rules,
14except emergency rules promulgated pursuant to Section 5-45 of
15the Illinois Administrative Procedure Act, promulgated without
16obtaining the advice of the Advisory Board are null and void.
17If the Department fails to follow the advice of the Advisory
18Board, the Department shall, prior to the promulgation of such
19rules, transmit a written explanation of the reason therefor
20to the Advisory Board. During its review of rules, the
21Advisory Board shall analyze the economic and regulatory
22impact of those rules. If the Advisory Board, having been
23asked for its advice, fails to advise the Department within 90
24days, the rules shall be considered acted upon. In order to
25provide appropriate feedback, board meetings shall be
26conducted within the 90-day window, or the 90 days shall be

 

 

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1extended to ensure the Board has had an opportunity to act upon
2the proposed rules.
3(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.)