103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3465

 

Introduced 2/8/2024, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-209  from Ch. 111 1/2, par. 4153-209

    Amends the Nursing Home Care Act. Provides that a facility that has received a notice of violation for a violation of minimum staffing requirements is not required to display a notice concerning the violation if staffing was at 90% of the minimum staffing requirements or the facility corrected the violation of the minimum staffing requirements before the posting deadline. Effective immediately.


LRB103 38500 CES 68636 b

 

 

A BILL FOR

 

SB3465LRB103 38500 CES 68636 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 3-209 as follows:
 
6    (210 ILCS 45/3-209)  (from Ch. 111 1/2, par. 4153-209)
7    Sec. 3-209. Required posting of information.
8    (a) Every facility shall conspicuously post for display in
9an area of its offices accessible to residents, employees, and
10visitors the following:
11        (1) Its current license;
12        (2) A description, provided by the Department, of
13    complaint procedures established under this Act and the
14    name, address, and telephone number of a person authorized
15    by the Department to receive complaints;
16        (3) A copy of any order pertaining to the facility
17    issued by the Department or a court;
18        (4) A list of the material available for public
19    inspection under Section 3-210;
20        (5) Phone numbers and websites for rights protection
21    services must be posted in common areas and at the main
22    entrance and provided upon entry and at the request of
23    residents or the resident's representative in accordance

 

 

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1    with 42 CFR 483.10(j)(4); and
2        (6) The statement "The Illinois Long-Term Care
3    Ombudsman Program is a free resident advocacy service
4    available to the public.".
5    In accordance with F574 of the State Operations Manual for
6Long-Term Care Facilities, the administrator shall post for
7all residents and at the main entrance the name, address, and
8telephone number of the appropriate State governmental office
9where complaints may be lodged in language the resident can
10understand, which must include notice of the grievance
11procedure of the facility or program as well as addresses and
12phone numbers for the Office of Health Care Regulation and the
13Long-Term Care Ombudsman Program and a website showing the
14information of a facility's ownership. The facility shall
15include a link to the Long-Term Care Ombudsman Program's
16website on the home page of the facility's website.
17    (b) A facility that has received a notice of violation for
18a violation of the minimum staffing requirements under Section
193-202.05 shall display, during the period of time the facility
20is out of compliance, a notice stating in Calibri (body) font
21and 26-point type in black letters on an 8.5 by 11 inch white
22paper the following:
 
23"Notice Dated: ...................
24This facility does not currently meet the minimum staffing
25ratios required by law. Posted at the direction of the

 

 

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1Illinois Department of Public Health.".
 
2    The notice must be posted, at a minimum, at all publicly
3used exterior entryways into the facility, inside the main
4entrance lobby, and next to any registration desk for easily
5accessible viewing. The notice must also be posted on the main
6page of the facility's website. The Department shall have the
7discretion to determine the gravity of any violation and,
8taking into account mitigating and aggravating circumstances
9and facts, may reduce the requirement of, and amount of time
10for, posting the notice.
11    The display of information under this subsection (b) by a
12facility is not required if:
13    (1) staffing was at 90% of the minimum staffing
14requirements; or
15    (2) the facility has corrected the violation of the
16minimum staffing requirements before the posting deadline.
17(Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.