HB5849 EngrossedLRB097 17890 DRJ 65940 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 3-301 as follows:
 
6    (210 ILCS 45/3-301)  (from Ch. 111 1/2, par. 4153-301)
7    Sec. 3-301. Determination of violation; notice; review
8team.
9    (a) If after receiving the report specified in subsection
10(c) of Section 3-212 the Director or his designee determines
11that a facility is in violation of this Act or of any rule
12promulgated thereunder, then, except as provided in subsection
13(b), he shall serve a notice of violation upon the licensee
14within 10 days thereafter. Each notice of violation shall be
15prepared in writing and shall specify the nature of the
16violation, and the statutory provision or rule alleged to have
17been violated. The notice shall inform the licensee of any
18action the Department may take under the Act, including the
19requirement of a facility plan of correction under Section
203-303; placement of the facility on a list prepared under
21Section 3-304; assessment of a penalty under Section 3-305; a
22conditional license under Sections 3-311 through 3-317; or
23license suspension or revocation under Section 3-119. The

 

 

HB5849 Engrossed- 2 -LRB097 17890 DRJ 65940 b

1Director or his designee shall also inform the licensee of
2rights to a hearing under Section 3-703.
3    (b) The Department shall establish a statewide management
4review team to review all alleged Type "AA" or Type "A"
5violations of this Act or the rules promulgated thereunder. The
6management review team shall review all such alleged violations
7before the Director or his or her designee determines that a
8violation exists and serves a notice of violation under
9subsection (a). In conducting a review under this subsection,
10the review team shall analyze all available data and precedents
11for the purpose of ensuring that determinations of violations
12are consistent throughout the State.
13(Source: P.A. 85-1378.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2013.