Sen. Heather A. Steans

Filed: 3/1/2012

 

 


 

 


 
09700SB2554sam001LRB097 16401 DRJ 66939 a

1
AMENDMENT TO SENATE BILL 2554

2    AMENDMENT NO. ______. Amend Senate Bill 2554 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Act on the Aging is amended by
5changing Section 4.04 as follows:
 
6    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
7    Sec. 4.04. Long Term Care Ombudsman Program.
8    (a) Long Term Care Ombudsman Program. The Department shall
9establish a Long Term Care Ombudsman Program, through the
10Office of State Long Term Care Ombudsman ("the Office"), in
11accordance with the provisions of the Older Americans Act of
121965, as now or hereafter amended.
13    (b) Definitions. As used in this Section, unless the
14context requires otherwise:
15        (1) "Access" has the same meaning as in Section 1-104
16    of the Nursing Home Care Act, as now or hereafter amended;

 

 

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1    that is, it means the right to:
2            (i) Enter any long term care facility or assisted
3        living or shared housing establishment or supportive
4        living facility;
5            (ii) Communicate privately and without restriction
6        with any resident, regardless of age, who consents to
7        the communication;
8            (iii) Seek consent to communicate privately and
9        without restriction with any resident, regardless of
10        age;
11            (iv) Inspect the clinical and other records of a
12        resident, regardless of age, with the express written
13        consent of the resident;
14            (v) Observe all areas of the long term care
15        facility or supportive living facilities, assisted
16        living or shared housing establishment except the
17        living area of any resident who protests the
18        observation.
19        (2) "Long Term Care Facility" means (i) any facility as
20    defined by Section 1-113 of the Nursing Home Care Act, as
21    now or hereafter amended; and (ii) any skilled nursing
22    facility or a nursing facility which meets the requirements
23    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
24    (b), (c), and (d) of the Social Security Act, as now or
25    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
26    and 42 U.S.C. 1396r(a), (b), (c), and (d)); and any

 

 

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1    facility as defined by Section 1-113 of the MR/DD Community
2    Care Act, as now or hereafter amended.
3        (2.5) "Assisted living establishment" and "shared
4    housing establishment" have the meanings given those terms
5    in Section 10 of the Assisted Living and Shared Housing
6    Act.
7        (2.7) "Supportive living facility" means a facility
8    established under Section 5-5.01a of the Illinois Public
9    Aid Code.
10        (3) "State Long Term Care Ombudsman" means any person
11    employed by the Department to fulfill the requirements of
12    the Office of State Long Term Care Ombudsman as required
13    under the Older Americans Act of 1965, as now or hereafter
14    amended, and Departmental policy.
15        (3.1) "Ombudsman" means any designated representative
16    of a regional long term care ombudsman program; provided
17    that the representative, whether he is paid for or
18    volunteers his ombudsman services, shall be qualified and
19    designated by the Office to perform the duties of an
20    ombudsman as specified by the Department in rules and in
21    accordance with the provisions of the Older Americans Act
22    of 1965, as now or hereafter amended.
23    (c) Ombudsman; rules. The Office of State Long Term Care
24Ombudsman shall be composed of at least one full-time ombudsman
25and shall include a system of designated regional long term
26care ombudsman programs. Each regional program shall be

 

 

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1designated by the State Long Term Care Ombudsman as a
2subdivision of the Office and any representative of a regional
3program shall be treated as a representative of the Office.
4    The Department, in consultation with the Office, shall
5promulgate administrative rules in accordance with the
6provisions of the Older Americans Act of 1965, as now or
7hereafter amended, to establish the responsibilities of the
8Department and the Office of State Long Term Care Ombudsman and
9the designated regional Ombudsman programs. The administrative
10rules shall include the responsibility of the Office and
11designated regional programs to investigate and resolve
12complaints made by or on behalf of residents of long term care
13facilities, supportive living facilities, and assisted living
14and shared housing establishments, including the option to
15serve residents under the age of 60, relating to actions,
16inaction, or decisions of providers, or their representatives,
17of long term care facilities, of supported living facilities,
18of assisted living and shared housing establishments, of public
19agencies, or of social services agencies, which may adversely
20affect the health, safety, welfare, or rights of such
21residents. The Office and designated regional programs may
22represent all residents, but are not required by this Act to
23represent persons under 60 years of age, except to the extent
24required by federal law. By June 1, 2014, the Office and
25designated regional programs shall represent all residents,
26regardless of age. When necessary and appropriate,

 

 

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1representatives of the Office shall refer complaints to the
2appropriate regulatory State agency. The Department, in
3consultation with the Office, shall cooperate with the
4Department of Human Services and other State agencies in
5providing information and training to designated regional long
6term care ombudsman programs about the appropriate assessment
7and treatment (including information about appropriate
8supportive services, treatment options, and assessment of
9rehabilitation potential) of the residents they serve,
10including children, persons with mental illness (other than
11Alzheimer's disease and related disorders), and persons with
12developmental disabilities.
13    By June 1, 2013, there shall be one ombudsman for every
143,500 licensed or approved beds housing residents served by the
15ombudsman program. By June 1, 2014, there shall be one
16ombudsman for every 2,000 licensed or approved beds housing
17residents served by the ombudsman program.
18    The State Long Term Care Ombudsman and all other ombudsmen,
19as defined in paragraph (3.1) of subsection (b) must submit to
20background checks under the Health Care Worker Background Check
21Act and receive training, as prescribed by the Illinois
22Department on Aging, before visiting facilities. The training
23must include information specific to assisted living
24establishments, supportive living facilities, and shared
25housing establishments and to the rights of residents
26guaranteed under the corresponding Acts and administrative

 

 

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1rules.
2    (c-5) Consumer Choice Information Reports. The Office
3shall:
4        (1) In collaboration with the Attorney General, create
5    a Consumer Choice Information Report form to be completed
6    by all licensed long term care facilities to aid
7    Illinoisans and their families in making informed choices
8    about long term care. The Office shall create a Consumer
9    Choice Information Report for each type of licensed long
10    term care facility. The Office shall collaborate with the
11    Attorney General and the Department of Human Services to
12    create a Consumer Choice Information Report form for
13    facilities licensed under the ID/DD MR/DD Community Care
14    Act. To the extent possible, all Reports shall be in the
15    form of a spreadsheet or database.
16        (2) Develop a database of Consumer Choice Information
17    Reports completed by licensed long term care facilities
18    that includes information in the following consumer
19    categories:
20            (A) Medical Care, Services, and Treatment.
21            (B) Special Services and Amenities.
22            (C) Staffing.
23            (D) Facility Statistics and Resident Demographics.
24            (E) Ownership and Administration.
25            (F) Safety and Security.
26            (G) Meals and Nutrition.

 

 

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1            (H) Rooms, Furnishings, and Equipment.
2            (I) Family, Volunteer, and Visitation Provisions.
3        (3) Make this information accessible to the public,
4    including on the Internet by means of a hyperlink labeled
5    "Resident's Right to Know" on the Office's World Wide Web
6    home page. Information about facilities licensed under the
7    MR/DD Community Care Act shall be made accessible to the
8    public by the Department of Human Services, including on
9    the Internet by means of a hyperlink labeled "Resident's
10    and Families' Right to Know" on the Department of Human
11    Services' "For Customers" website.
12        (4) Have the authority, with the Attorney General, to
13    verify that information provided by a facility is accurate.
14        (5) Request a new report from any licensed facility
15    whenever it deems necessary.
16        (6) Include in the Office's Consumer Choice
17    Information Report for each type of licensed long term care
18    facility additional information on each licensed long term
19    care facility in the State of Illinois, including
20    information regarding each facility's compliance with the
21    relevant State and federal statutes, rules, and standards;
22    customer satisfaction surveys; and information generated
23    from quality measures developed by the Centers for Medicare
24    and Medicaid Services.
25    (d) Access and visitation rights.
26        (1) In accordance with subparagraphs (A) and (E) of

 

 

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1    paragraph (3) of subsection (c) of Section 1819 and
2    subparagraphs (A) and (E) of paragraph (3) of subsection
3    (c) of Section 1919 of the Social Security Act, as now or
4    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
5    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
6    Older Americans Act of 1965, as now or hereafter amended
7    (42 U.S.C. 3058f), a long term care facility, supportive
8    living facility, assisted living establishment, and shared
9    housing establishment must:
10            (i) permit immediate access to any resident,
11        regardless of age, by a designated ombudsman; and
12            (ii) permit representatives of the Office, with
13        the permission of the resident's legal representative
14        or legal guardian, to examine a resident's clinical and
15        other records, regardless of the age of the resident,
16        and if a resident is unable to consent to such review,
17        and has no legal guardian, permit representatives of
18        the Office appropriate access, as defined by the
19        Department, in consultation with the Office, in
20        administrative rules, to the resident's records.
21        (2) Each long term care facility, supportive living
22    facility, assisted living establishment, and shared
23    housing establishment shall display, in multiple,
24    conspicuous public places within the facility accessible
25    to both visitors and residents and in an easily readable
26    format, the address and phone number of the Office of the

 

 

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1    Long Term Care Ombudsman, in a manner prescribed by the
2    Office.
3    (e) Immunity. An ombudsman or any representative of the
4Office participating in the good faith performance of his or
5her official duties shall have immunity from any liability
6(civil, criminal or otherwise) in any proceedings (civil,
7criminal or otherwise) brought as a consequence of the
8performance of his official duties.
9    (f) Business offenses.
10        (1) No person shall:
11            (i) Intentionally prevent, interfere with, or
12        attempt to impede in any way any representative of the
13        Office in the performance of his official duties under
14        this Act and the Older Americans Act of 1965; or
15            (ii) Intentionally retaliate, discriminate
16        against, or effect reprisals against any long term care
17        facility resident or employee for contacting or
18        providing information to any representative of the
19        Office.
20        (2) A violation of this Section is a business offense,
21    punishable by a fine not to exceed $501.
22        (3) The Director of Aging, in consultation with the
23    Office, shall notify the State's Attorney of the county in
24    which the long term care facility, supportive living
25    facility, or assisted living or shared housing
26    establishment is located, or the Attorney General, of any

 

 

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1    violations of this Section.
2    (g) Confidentiality of records and identities. The
3Department shall establish procedures for the disclosure by the
4State Ombudsman or the regional ombudsmen entities of files
5maintained by the program. The procedures shall provide that
6the files and records may be disclosed only at the discretion
7of the State Long Term Care Ombudsman or the person designated
8by the State Ombudsman to disclose the files and records, and
9the procedures shall prohibit the disclosure of the identity of
10any complainant, resident, witness, or employee of a long term
11care provider unless:
12        (1) the complainant, resident, witness, or employee of
13    a long term care provider or his or her legal
14    representative consents to the disclosure and the consent
15    is in writing;
16        (2) the complainant, resident, witness, or employee of
17    a long term care provider gives consent orally; and the
18    consent is documented contemporaneously in writing in
19    accordance with such requirements as the Department shall
20    establish; or
21        (3) the disclosure is required by court order.
22    (h) Legal representation. The Attorney General shall
23provide legal representation to any representative of the
24Office against whom suit or other legal action is brought in
25connection with the performance of the representative's
26official duties, in accordance with the State Employee

 

 

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1Indemnification Act.
2    (i) Treatment by prayer and spiritual means. Nothing in
3this Act shall be construed to authorize or require the medical
4supervision, regulation or control of remedial care or
5treatment of any resident in a long term care facility operated
6exclusively by and for members or adherents of any church or
7religious denomination the tenets and practices of which
8include reliance solely upon spiritual means through prayer for
9healing.
10    (j) The Long Term Care Ombudsman Fund is created as a
11special fund in the State treasury to receive moneys for the
12express purposes of this Section. All interest earned on moneys
13in the fund shall be credited to the fund. Moneys contained in
14the fund shall be used to support the purposes of this Section.
15(Source: P.A. 96-328, eff. 8-11-09; 96-758, eff. 8-25-09;
1696-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
 
17    Section 10. The Illinois Health Facilities Planning Act is
18amended by changing Sections 3 and 14.1 as follows:
 
19    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 3. Definitions. As used in this Act:
22    "Health care facilities" means and includes the following
23facilities and organizations:
24        1. An ambulatory surgical treatment center required to

 

 

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1    be licensed pursuant to the Ambulatory Surgical Treatment
2    Center Act;
3        2. An institution, place, building, or agency required
4    to be licensed pursuant to the Hospital Licensing Act;
5        3. Skilled and intermediate long term care facilities
6    licensed under the Nursing Home Care Act;
7        3.5. Skilled and intermediate care facilities licensed
8    under the ID/DD Community Care Act;
9        3.7. Facilities licensed under the Specialized Mental
10    Health Rehabilitation Act;
11        4. Hospitals, nursing homes, ambulatory surgical
12    treatment centers, or kidney disease treatment centers
13    maintained by the State or any department or agency
14    thereof;
15        5. Kidney disease treatment centers, including a
16    free-standing hemodialysis unit required to be licensed
17    under the End Stage Renal Disease Facility Act;
18        6. An institution, place, building, or room used for
19    the performance of outpatient surgical procedures that is
20    leased, owned, or operated by or on behalf of an
21    out-of-state facility;
22        7. An institution, place, building, or room used for
23    provision of a health care category of service as defined
24    by the Board, including, but not limited to, cardiac
25    catheterization and open heart surgery; and
26        8. An institution, place, building, or room used for

 

 

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1    provision of major medical equipment used in the direct
2    clinical diagnosis or treatment of patients, and whose
3    project cost is in excess of the capital expenditure
4    minimum.
5    This Act shall not apply to the construction of any new
6facility or the renovation of any existing facility located on
7any campus facility as defined in Section 5-5.8b of the
8Illinois Public Aid Code, provided that the campus facility
9encompasses 30 or more contiguous acres and that the new or
10renovated facility is intended for use by a licensed
11residential facility.
12    No federally owned facility shall be subject to the
13provisions of this Act, nor facilities used solely for healing
14by prayer or spiritual means.
15    No facility licensed under the Supportive Residences
16Licensing Act or the Assisted Living and Shared Housing Act
17shall be subject to the provisions of this Act.
18    No facility established and operating under the
19Alternative Health Care Delivery Act as a children's respite
20care center alternative health care model demonstration
21program or as an Alzheimer's Disease Management Center
22alternative health care model demonstration program shall be
23subject to the provisions of this Act.
24    A facility designated as a supportive living facility that
25is in good standing with the program established under Section
265-5.01a of the Illinois Public Aid Code shall not be subject to

 

 

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1the provisions of this Act.
2    This Act does not apply to facilities granted waivers under
3Section 3-102.2 of the Nursing Home Care Act. However, if a
4demonstration project under that Act applies for a certificate
5of need to convert to a nursing facility, it shall meet the
6licensure and certificate of need requirements in effect as of
7the date of application.
8    This Act does not apply to a dialysis facility that
9provides only dialysis training, support, and related services
10to individuals with end stage renal disease who have elected to
11receive home dialysis. This Act does not apply to a dialysis
12unit located in a licensed nursing home that offers or provides
13dialysis-related services to residents with end stage renal
14disease who have elected to receive home dialysis within the
15nursing home. The Board, however, may require these dialysis
16facilities and licensed nursing homes to report statistical
17information on a quarterly basis to the Board to be used by the
18Board to conduct analyses on the need for proposed kidney
19disease treatment centers.
20    This Act shall not apply to the closure of an entity or a
21portion of an entity licensed under the Nursing Home Care Act,
22the Specialized Mental Health Rehabilitation Act, or the ID/DD
23MR/DD Community Care Act, with the exceptions of facilities
24operated by a county or Illinois Veterans Homes, that elects to
25convert, in whole or in part, to an assisted living or shared
26housing establishment licensed under the Assisted Living and

 

 

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1Shared Housing Act.
2    This Act does not apply to any change of ownership of a
3healthcare facility that is licensed under the Nursing Home
4Care Act, the Specialized Mental Health Rehabilitation Act, or
5the ID/DD Community Care Act, with the exceptions of facilities
6operated by a county or Illinois Veterans Homes. Changes of
7ownership of facilities licensed under the Nursing Home Care
8Act must meet the requirements set forth in Sections 3-101
9through 3-119 of the Nursing Home Care Act.
10    With the exception of those health care facilities
11specifically included in this Section, nothing in this Act
12shall be intended to include facilities operated as a part of
13the practice of a physician or other licensed health care
14professional, whether practicing in his individual capacity or
15within the legal structure of any partnership, medical or
16professional corporation, or unincorporated medical or
17professional group. Further, this Act shall not apply to
18physicians or other licensed health care professional's
19practices where such practices are carried out in a portion of
20a health care facility under contract with such health care
21facility by a physician or by other licensed health care
22professionals, whether practicing in his individual capacity
23or within the legal structure of any partnership, medical or
24professional corporation, or unincorporated medical or
25professional groups. This Act shall apply to construction or
26modification and to establishment by such health care facility

 

 

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1of such contracted portion which is subject to facility
2licensing requirements, irrespective of the party responsible
3for such action or attendant financial obligation.
4    "Person" means any one or more natural persons, legal
5entities, governmental bodies other than federal, or any
6combination thereof.
7    "Consumer" means any person other than a person (a) whose
8major occupation currently involves or whose official capacity
9within the last 12 months has involved the providing,
10administering or financing of any type of health care facility,
11(b) who is engaged in health research or the teaching of
12health, (c) who has a material financial interest in any
13activity which involves the providing, administering or
14financing of any type of health care facility, or (d) who is or
15ever has been a member of the immediate family of the person
16defined by (a), (b), or (c).
17    "State Board" or "Board" means the Health Facilities and
18Services Review Board.
19    "Construction or modification" means the establishment,
20erection, building, alteration, reconstruction, modernization,
21improvement, extension, discontinuation, change of ownership,
22of or by a health care facility, or the purchase or acquisition
23by or through a health care facility of equipment or service
24for diagnostic or therapeutic purposes or for facility
25administration or operation, or any capital expenditure made by
26or on behalf of a health care facility which exceeds the

 

 

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1capital expenditure minimum; however, any capital expenditure
2made by or on behalf of a health care facility for (i) the
3construction or modification of a facility licensed under the
4Assisted Living and Shared Housing Act or (ii) a conversion
5project undertaken in accordance with Section 30 of the Older
6Adult Services Act shall be excluded from any obligations under
7this Act.
8    "Establish" means the construction of a health care
9facility or the replacement of an existing facility on another
10site or the initiation of a category of service as defined by
11the Board.
12    "Major medical equipment" means medical equipment which is
13used for the provision of medical and other health services and
14which costs in excess of the capital expenditure minimum,
15except that such term does not include medical equipment
16acquired by or on behalf of a clinical laboratory to provide
17clinical laboratory services if the clinical laboratory is
18independent of a physician's office and a hospital and it has
19been determined under Title XVIII of the Social Security Act to
20meet the requirements of paragraphs (10) and (11) of Section
211861(s) of such Act. In determining whether medical equipment
22has a value in excess of the capital expenditure minimum, the
23value of studies, surveys, designs, plans, working drawings,
24specifications, and other activities essential to the
25acquisition of such equipment shall be included.
26    "Capital Expenditure" means an expenditure: (A) made by or

 

 

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1on behalf of a health care facility (as such a facility is
2defined in this Act); and (B) which under generally accepted
3accounting principles is not properly chargeable as an expense
4of operation and maintenance, or is made to obtain by lease or
5comparable arrangement any facility or part thereof or any
6equipment for a facility or part; and which exceeds the capital
7expenditure minimum.
8    For the purpose of this paragraph, the cost of any studies,
9surveys, designs, plans, working drawings, specifications, and
10other activities essential to the acquisition, improvement,
11expansion, or replacement of any plant or equipment with
12respect to which an expenditure is made shall be included in
13determining if such expenditure exceeds the capital
14expenditures minimum. Unless otherwise interdependent, or
15submitted as one project by the applicant, components of
16construction or modification undertaken by means of a single
17construction contract or financed through the issuance of a
18single debt instrument shall not be grouped together as one
19project. Donations of equipment or facilities to a health care
20facility which if acquired directly by such facility would be
21subject to review under this Act shall be considered capital
22expenditures, and a transfer of equipment or facilities for
23less than fair market value shall be considered a capital
24expenditure for purposes of this Act if a transfer of the
25equipment or facilities at fair market value would be subject
26to review.

 

 

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1    "Capital expenditure minimum" means $11,500,000 for
2projects by hospital applicants, $6,500,000 for applicants for
3projects related to skilled and intermediate care long-term
4care facilities licensed under the Nursing Home Care Act, and
5$3,000,000 for projects by all other applicants, which shall be
6annually adjusted to reflect the increase in construction costs
7due to inflation, for major medical equipment and for all other
8capital expenditures.
9    "Non-clinical service area" means an area (i) for the
10benefit of the patients, visitors, staff, or employees of a
11health care facility and (ii) not directly related to the
12diagnosis, treatment, or rehabilitation of persons receiving
13services from the health care facility. "Non-clinical service
14areas" include, but are not limited to, chapels; gift shops;
15news stands; computer systems; tunnels, walkways, and
16elevators; telephone systems; projects to comply with life
17safety codes; educational facilities; student housing;
18patient, employee, staff, and visitor dining areas;
19administration and volunteer offices; modernization of
20structural components (such as roof replacement and masonry
21work); boiler repair or replacement; vehicle maintenance and
22storage facilities; parking facilities; mechanical systems for
23heating, ventilation, and air conditioning; loading docks; and
24repair or replacement of carpeting, tile, wall coverings,
25window coverings or treatments, or furniture. Solely for the
26purpose of this definition, "non-clinical service area" does

 

 

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1not include health and fitness centers.
2    "Areawide" means a major area of the State delineated on a
3geographic, demographic, and functional basis for health
4planning and for health service and having within it one or
5more local areas for health planning and health service. The
6term "region", as contrasted with the term "subregion", and the
7word "area" may be used synonymously with the term "areawide".
8    "Local" means a subarea of a delineated major area that on
9a geographic, demographic, and functional basis may be
10considered to be part of such major area. The term "subregion"
11may be used synonymously with the term "local".
12    "Physician" means a person licensed to practice in
13accordance with the Medical Practice Act of 1987, as amended.
14    "Licensed health care professional" means a person
15licensed to practice a health profession under pertinent
16licensing statutes of the State of Illinois.
17    "Director" means the Director of the Illinois Department of
18Public Health.
19    "Agency" means the Illinois Department of Public Health.
20    "Alternative health care model" means a facility or program
21authorized under the Alternative Health Care Delivery Act.
22    "Out-of-state facility" means a person that is both (i)
23licensed as a hospital or as an ambulatory surgery center under
24the laws of another state or that qualifies as a hospital or an
25ambulatory surgery center under regulations adopted pursuant
26to the Social Security Act and (ii) not licensed under the

 

 

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1Ambulatory Surgical Treatment Center Act, the Hospital
2Licensing Act, or the Nursing Home Care Act. Affiliates of
3out-of-state facilities shall be considered out-of-state
4facilities. Affiliates of Illinois licensed health care
5facilities 100% owned by an Illinois licensed health care
6facility, its parent, or Illinois physicians licensed to
7practice medicine in all its branches shall not be considered
8out-of-state facilities. Nothing in this definition shall be
9construed to include an office or any part of an office of a
10physician licensed to practice medicine in all its branches in
11Illinois that is not required to be licensed under the
12Ambulatory Surgical Treatment Center Act.
13    "Change of ownership of a health care facility" means a
14change in the person who has ownership or control of a health
15care facility's physical plant and capital assets. A change in
16ownership is indicated by the following transactions: sale,
17transfer, acquisition, lease, change of sponsorship, or other
18means of transferring control.
19    "Related person" means any person that: (i) is at least 50%
20owned, directly or indirectly, by either the health care
21facility or a person owning, directly or indirectly, at least
2250% of the health care facility; or (ii) owns, directly or
23indirectly, at least 50% of the health care facility.
24    "Charity care" means care provided by a health care
25facility for which the provider does not expect to receive
26payment from the patient or a third-party payer.

 

 

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1    "Freestanding emergency center" means a facility subject
2to licensure under Section 32.5 of the Emergency Medical
3Services (EMS) Systems Act.
4(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
596-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
6revised 9-7-11.)
 
7    (20 ILCS 3960/14.1)
8    Sec. 14.1. Denial of permit; other sanctions.
9    (a) The State Board may deny an application for a permit or
10may revoke or take other action as permitted by this Act with
11regard to a permit as the State Board deems appropriate,
12including the imposition of fines as set forth in this Section,
13for any one or a combination of the following:
14        (1) The acquisition of major medical equipment without
15    a permit or in violation of the terms of a permit.
16        (2) The establishment, construction, or modification
17    of a health care facility without a permit or in violation
18    of the terms of a permit.
19        (3) The violation of any provision of this Act or any
20    rule adopted under this Act.
21        (4) The failure, by any person subject to this Act, to
22    provide information requested by the State Board or Agency
23    within 30 days after a formal written request for the
24    information.
25        (5) The failure to pay any fine imposed under this

 

 

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1    Section within 30 days of its imposition.
2    (a-5) For facilities licensed under the ID/DD Community
3Care Act, no permit shall be denied on the basis of prior
4operator history, other than for actions specified under item
5(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
6Act. For facilities licensed under the Specialized Mental
7Health Rehabilitation Act, no permit shall be denied on the
8basis of prior operator history, other than for: (i) actions
9specified under item (2), (3), (4), or (5), or (6) of Section
103-117 of the Specialized Mental Health Rehabilitation Act or
11item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
12Home Care Act; (ii) actions specified under item (a)(6) of
13Section 3-119 of the Specialized Mental Health Rehabilitation
14Act or item (a)(6) of Section 3-119 of the Nursing Home Care
15Act; or (iii) actions within the preceding 5 years constituting
16a substantial and repeated failure to comply with the
17Specialized Mental Health Rehabilitation Act or the Nursing
18Home Care Act or the rules and regulations adopted by the
19Department under those Acts. For facilities licensed under the
20Nursing Home Care Act, no permit shall be denied on the basis
21of prior operator history, other than for: (i) actions
22specified under item (2), (3), (4), (5), or (6) of Section
233-117 of the Specialized Mental Health Rehabilitation Act or
24item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
25Home Care Act; (ii) actions specified under item (a)(6) of
26Section 3-119 of the Specialized Mental Health Rehabilitation

 

 

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1Act or item (2), (3), (4), (5), or (6) of Section 3-117 of the
2Nursing Home Care Act; or (iii) actions within the preceding 5
3years constituting a substantial and repeated failure to comply
4with the Specialized Mental Health Rehabilitation Act or the
5Nursing Home Care Act or the rules and regulations adopted by
6the Department under those Acts that Act. The State Board shall
7not deny a permit on account of any action described in this
8subsection (a-5) without also considering all such actions in
9the light of all relevant information available to the State
10Board, including whether the permit is sought to substantially
11comply with a mandatory or voluntary plan of correction
12associated with any action described in this subsection (a-5).
13A permit for a change of ownership granted pursuant to this
14Section for a facility that has committed 2 Type "A" violations
15or at least one Type "AA" violation in the past 2 years must
16require the new owner to comply with a credible plan detailing
17how the facility will remain in compliance with its applicable
18licensing Act and rules and regulations adopted by the
19Department under that Act. Failure to comply with the plan
20shall be considered a modification of a health care facility
21for purposes of subsection (b) of this Section.
22    (b) Persons shall be subject to fines as follows:
23        (1) A permit holder who fails to comply with the
24    requirements of maintaining a valid permit shall be fined
25    an amount not to exceed 1% of the approved permit amount
26    plus an additional 1% of the approved permit amount for

 

 

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1    each 30-day period, or fraction thereof, that the violation
2    continues.
3        (2) A permit holder who alters the scope of an approved
4    project or whose project costs exceed the allowable permit
5    amount without first obtaining approval from the State
6    Board shall be fined an amount not to exceed the sum of (i)
7    the lesser of $25,000 or 2% of the approved permit amount
8    and (ii) in those cases where the approved permit amount is
9    exceeded by more than $1,000,000, an additional $20,000 for
10    each $1,000,000, or fraction thereof, in excess of the
11    approved permit amount.
12        (3) A person who acquires major medical equipment or
13    who establishes a category of service without first
14    obtaining a permit or exemption, as the case may be, shall
15    be fined an amount not to exceed $10,000 for each such
16    acquisition or category of service established plus an
17    additional $10,000 for each 30-day period, or fraction
18    thereof, that the violation continues.
19        (4) A person who constructs, modifies, or establishes a
20    health care facility without first obtaining a permit shall
21    be fined an amount not to exceed $25,000 plus an additional
22    $25,000 for each 30-day period, or fraction thereof, that
23    the violation continues.
24        (5) A person who discontinues a health care facility or
25    a category of service without first obtaining a permit
26    shall be fined an amount not to exceed $10,000 plus an

 

 

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1    additional $10,000 for each 30-day period, or fraction
2    thereof, that the violation continues. For purposes of this
3    subparagraph (5), facilities licensed under the Nursing
4    Home Care Act or the ID/DD Community Care Act, with the
5    exceptions of facilities operated by a county or Illinois
6    Veterans Homes, are exempt from this permit requirement.
7    However, facilities licensed under the Nursing Home Care
8    Act or the ID/DD Community Care Act must comply with
9    Section 3-423 of the Nursing Home Care Act or Section 3-423
10    of the ID/DD Community Care Act and must provide the Board
11    with 30-days' written notice of its intent to close.
12        (6) A person subject to this Act who fails to provide
13    information requested by the State Board or Agency within
14    30 days of a formal written request shall be fined an
15    amount not to exceed $1,000 plus an additional $1,000 for
16    each 30-day period, or fraction thereof, that the
17    information is not received by the State Board or Agency.
18    (c) Before imposing any fine authorized under this Section,
19the State Board shall afford the person or permit holder, as
20the case may be, an appearance before the State Board and an
21opportunity for a hearing before a hearing officer appointed by
22the State Board. The hearing shall be conducted in accordance
23with Section 10.
24    (d) All fines collected under this Act shall be transmitted
25to the State Treasurer, who shall deposit them into the
26Illinois Health Facilities Planning Fund.

 

 

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1(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
297-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
 
3    Section 15. The Nursing Home Care Act is amended by
4changing Sections 2-208, 3-109, 3-117, 3-119, 3-202, 3-202.05,
53-202.2b, 3-206, 3-207, 3-304.1, and 3-808.5 and by adding
6Sections 1-114.2, 2-218, 3-202.6, and 3-206.06 as follows:
 
7    (210 ILCS 45/1-114.2 new)
8    Sec. 1-114.2. Liability insurance. "Liability insurance"
9means insurance on risks based upon neglect of a resident for
10which a licensee is or may be responsible.
 
11    (210 ILCS 45/2-208)  (from Ch. 111 1/2, par. 4152-208)
12    Sec. 2-208. Notice of death, unusual incident, abuse, or
13neglect.
14    (a) A facility shall immediately notify the resident's next
15of kin, representative and physician of the resident's death or
16when the resident's death appears to be imminent. A facility
17shall notify the Department by telephone of a resident's death
18within 24 hours after the resident's death. The facility shall
19notify the Department of the death of a facility resident that
20does not occur in the facility immediately upon learning of the
21death. A facility shall promptly notify the coroner or medical
22examiner of a resident's death in a manner and form to be
23determined by the Department after consultation with the

 

 

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1coroner or medical examiner of the county in which the facility
2is located. In addition to notice to the Department by
3telephone, the Department shall require the facility to submit
4written notification of the death of a resident within 72 hours
5after the death, including a report of any medication errors or
6other incidents that occurred, within 30 days after the
7resident's death. A facility's failure to comply with this
8subsection shall constitute a Type "B" violation.
9    (b) A facility shall immediately notify a resident's next
10of kin, guardian, or representative of any unusual incident,
11abuse, or neglect involving the resident. A facility shall
12immediately notify the Department by telephone of any unusual
13incident, abuse, or neglect required to be reported pursuant to
14State law or administrative rule. In addition to notice to the
15Department by telephone, the Department shall require the
16facility to submit written notification of any unusual
17incident, abuse, or neglect within one day after the unusual
18incident, abuse, or neglect occurs. A facility's failure to
19comply with this subsection shall constitute a Type "B"
20violation. For purposes of this subsection, "unusual incident"
21means any of the following: a serious injury; an unscheduled
22hospital visit for treatment of serious injury; a 9-1-1 call
23for emergency services directly relating to a resident threat;
24or stalking of staff, a resident, or any other person.
25(Source: P.A. 81-223.)
 

 

 

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1    (210 ILCS 45/2-218 new)
2    Sec. 2-218. Notification of violations or deficiencies.
3When the Department issues any notice pursuant to Section
43-119, 3-301, 3-303, 3-307, or 3-702 of this Act, or when the
5Centers for Medicare and Medicaid Services (CMS) issues a
6notice of federal Medicaid certification deficiencies, the
7facility receiving the notice shall provide notification of the
8violations or deficiencies, within 10 days after receiving the
9notice, to (i) every resident identified or referred to
10anywhere within the Department's notice of violations or the
11CMS Form 2567 (Statement of Deficiencies and Plan of
12Correction) as having received care or services that violated
13State or federal standards and (ii) the guardian or resident's
14representative of every such resident. The notification
15provided by the facility shall include a Department-prescribed
16notification letter as determined by rule and a copy of the
17Department's notice of violations and CMS Form 2567, if any. A
18facility's failure to provide notification pursuant to this
19Section to a resident and the resident's representative or
20guardian, if any, shall constitute a Type "B" violation.
 
21    (210 ILCS 45/3-109)  (from Ch. 111 1/2, par. 4153-109)
22    Sec. 3-109. Upon receipt and review of an application for a
23license made under this Article and inspection of the applicant
24facility under this Article, the Director shall issue a license
25if he finds:

 

 

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1        (1) that the individual applicant, or the corporation,
2    partnership or other entity if the applicant is not an
3    individual, is a person responsible and suitable to operate
4    or to direct or participate in the operation of a facility
5    by virtue of financial capacity, appropriate business or
6    professional experience, a record of compliance with
7    lawful orders of the Department and lack of revocation of a
8    license during the previous 5 years;
9        (2) that the facility is under the supervision of an
10    administrator who is licensed, if required, under the
11    Nursing Home Administrators Licensing and Disciplinary
12    Act, as now or hereafter amended; and
13        (3) that the facility is covered by liability insurance
14    as required by this Act; and
15        (4) (3) that the facility is in substantial compliance
16    with this Act, and such other requirements for a license as
17    the Department by rule may establish under this Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (210 ILCS 45/3-117)  (from Ch. 111 1/2, par. 4153-117)
20    Sec. 3-117. An application for a license may be denied for
21any of the following reasons:
22        (1) Failure to meet any of the minimum standards set
23    forth by this Act or by rules and regulations promulgated
24    by the Department under this Act.
25        (2) Conviction of the applicant, or if the applicant is

 

 

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1    a firm, partnership or association, of any of its members,
2    or if a corporation, the conviction of the corporation or
3    any of its officers or stockholders, or of the person
4    designated to manage or supervise the facility, of a
5    felony, or of 2 or more misdemeanors involving moral
6    turpitude, during the previous 5 years as shown by a
7    certified copy of the record of the court of conviction.
8        (3) Personnel insufficient in number or unqualified by
9    training or experience to properly care for the proposed
10    number and type of residents.
11        (4) Insufficient financial or other resources to
12    operate and conduct the facility in accordance with
13    standards promulgated by the Department under this Act,
14    including failure to have or maintain liability insurance
15    as required by this Act, and in accordance with contractual
16    obligations assumed by a recipient of a grant under the
17    Equity in Long-term Care Quality Act and the plan (if
18    applicable) submitted by a grantee for continuing and
19    increasing adherence to best practices in providing
20    high-quality nursing home care.
21        (5) Revocation of a facility license during the
22    previous 5 years, if such prior license was issued to the
23    individual applicant, a controlling owner or controlling
24    combination of owners of the applicant; or any affiliate of
25    the individual applicant or controlling owner of the
26    applicant and such individual applicant, controlling owner

 

 

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1    of the applicant or affiliate of the applicant was a
2    controlling owner of the prior license; provided, however,
3    that the denial of an application for a license pursuant to
4    this subsection must be supported by evidence that such
5    prior revocation renders the applicant unqualified or
6    incapable of meeting or maintaining a facility in
7    accordance with the standards and rules promulgated by the
8    Department under this Act.
9        (6) That the facility is not under the direct
10    supervision of a full-time administrator, as defined by
11    regulation, who is licensed, if required, under the Nursing
12    Home Administrators Licensing and Disciplinary Act.
13        (7) That the facility is in receivership and the
14    proposed licensee has not submitted a specific detailed
15    plan to bring the facility into compliance with the
16    requirements of this Act and with federal certification
17    requirements, if the facility is certified, and to keep the
18    facility in such compliance.
19(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
 
20    (210 ILCS 45/3-119)  (from Ch. 111 1/2, par. 4153-119)
21    Sec. 3-119. (a) The Department, after notice to the
22applicant or licensee, may suspend, revoke or refuse to renew a
23license in any case in which the Department finds any of the
24following:
25        (1) There has been a substantial failure to comply with

 

 

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1    this Act or the rules and regulations promulgated by the
2    Department under this Act. A substantial failure by a
3    facility shall include, but not be limited to, any of the
4    following:
5            (A) termination of Medicare or Medicaid
6        certification by the Centers for Medicare and Medicaid
7        Services; or
8            (B) a failure by the facility to pay any fine
9        assessed under this Act after the Department has sent
10        to the facility at least 2 notices of assessment that
11        include a schedule of payments as determined by the
12        Department, taking into account extenuating
13        circumstances and financial hardships of the facility.
14        (2) Conviction of the licensee, or of the person
15    designated to manage or supervise the facility, of a
16    felony, or of 2 or more misdemeanors involving moral
17    turpitude, during the previous 5 years as shown by a
18    certified copy of the record of the court of conviction.
19        (3) Personnel is insufficient in number or unqualified
20    by training or experience to properly care for the number
21    and type of residents served by the facility.
22        (4) Financial or other resources are insufficient to
23    conduct and operate the facility in accordance with
24    standards promulgated by the Department under this Act,
25    including that the facility failed to maintain liability
26    insurance coverage as required by this Act at some time

 

 

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1    during the term of its license.
2        (5) The facility is not under the direct supervision of
3    a full-time administrator, as defined by regulation, who is
4    licensed, if required, under the Nursing Home
5    Administrators Licensing and Disciplinary Act.
6        (6) The facility has committed 2 Type "AA" violations
7    within a 2-year period.
8    (b) Notice under this Section shall include a clear and
9concise statement of the violations on which the nonrenewal or
10revocation is based, the statute or rule violated and notice of
11the opportunity for a hearing under Section 3-703.
12    (c) If a facility desires to contest the nonrenewal or
13revocation of a license, the facility shall, within 10 days
14after receipt of notice under subsection (b) of this Section,
15notify the Department in writing of its request for a hearing
16under Section 3-703. Upon receipt of the request the Department
17shall send notice to the facility and hold a hearing as
18provided under Section 3-703.
19    (d) The effective date of nonrenewal or revocation of a
20license by the Department shall be any of the following:
21        (1) Until otherwise ordered by the circuit court,
22    revocation is effective on the date set by the Department
23    in the notice of revocation, or upon final action after
24    hearing under Section 3-703, whichever is later.
25        (2) Until otherwise ordered by the circuit court,
26    nonrenewal is effective on the date of expiration of any

 

 

09700SB2554sam001- 35 -LRB097 16401 DRJ 66939 a

1    existing license, or upon final action after hearing under
2    Section 3-703, whichever is later; however, a license shall
3    not be deemed to have expired if the Department fails to
4    timely respond to a timely request for renewal under this
5    Act or for a hearing to contest nonrenewal under paragraph
6    (c).
7        (3) The Department may extend the effective date of
8    license revocation or expiration in any case in order to
9    permit orderly removal and relocation of residents.
10    The Department may refuse to issue or may suspend the
11license of any person who fails to file a return, or to pay the
12tax, penalty or interest shown in a filed return, or to pay any
13final assessment of tax, penalty or interest, as required by
14any tax Act administered by the Illinois Department of Revenue,
15until such time as the requirements of any such tax Act are
16satisfied.
17(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
 
18    (210 ILCS 45/3-202)  (from Ch. 111 1/2, par. 4153-202)
19    Sec. 3-202. The Department shall prescribe minimum
20standards for facilities. These standards shall regulate:
21        (1) Location and construction of the facility,
22    including plumbing, heating, lighting, ventilation, and
23    other physical conditions which shall ensure the health,
24    safety, and comfort of residents and their protection from
25    fire hazard;

 

 

09700SB2554sam001- 36 -LRB097 16401 DRJ 66939 a

1        (2) Number and qualifications of all personnel,
2    including management and nursing personnel, having
3    responsibility for any part of the care given to residents;
4    specifically, the Department shall establish staffing
5    ratios for facilities which shall specify the number of
6    staff hours per resident of care that are needed for
7    professional nursing care for various types of facilities
8    or areas within facilities and shall require consistent
9    assignment of the same nursing and other direct care staff
10    to the same residents, to the extent circumstances within
11    the control of the facility permit such assignment and
12    respecting requests by staff for reassignment;
13        (3) All sanitary conditions within the facility and its
14    surroundings, including water supply, sewage disposal,
15    food handling, and general hygiene, which shall ensure the
16    health and comfort of residents;
17        (4) Diet related to the needs of each resident based on
18    good nutritional practice and on recommendations which may
19    be made by the physicians attending the resident;
20        (5) Equipment essential to the health and welfare of
21    the residents;
22        (6) A program of habilitation and rehabilitation for
23    those residents who would benefit from such programs;
24        (7) A program for adequate maintenance of physical
25    plant and equipment;
26        (8) Adequate accommodations, staff and services for

 

 

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1    the number and types of residents for whom the facility is
2    licensed to care, including standards for temperature and
3    relative humidity within comfort zones determined by the
4    Department based upon a combination of air temperature,
5    relative humidity and air movement. Such standards shall
6    also require facility plans that provide for health and
7    comfort of residents at medical risk as determined by the
8    attending physician whenever the temperature and relative
9    humidity are outside such comfort zones established by the
10    Department. The standards must include a requirement that
11    areas of a nursing home used by residents of the nursing
12    home be air conditioned and heated by means of operable
13    air-conditioning and heating equipment. The areas subject
14    to this air-conditioning and heating requirement include,
15    without limitation, bedrooms or common areas such as
16    sitting rooms, activity rooms, living rooms, community
17    rooms, and dining rooms. No later than July 1, 2008, the
18    Department shall submit a report to the General Assembly
19    concerning the impact of the changes made by this
20    amendatory Act of the 95th General Assembly;
21        (9) Development of evacuation and other appropriate
22    safety plans for use during weather, health, fire, physical
23    plant, environmental and national defense emergencies; and
24        (10) Maintenance of minimum financial or other
25    resources necessary to meet the standards established
26    under this Section, and to operate and conduct the facility

 

 

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1    in accordance with this Act.
2(Source: P.A. 95-31, eff. 8-9-07.)
 
3    (210 ILCS 45/3-202.05)
4    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
5thereafter.
6    (a) For the purpose of computing staff to resident ratios,
7direct care staff shall include:
8        (1) registered nurses;
9        (2) licensed practical nurses;
10        (3) certified nurse assistants;
11        (4) psychiatric services rehabilitation aides;
12        (5) rehabilitation and therapy aides;
13        (6) psychiatric services rehabilitation coordinators;
14        (7) assistant directors of nursing;
15        (8) 50% of the Director of Nurses' time; and
16        (9) 30% of the Social Services Directors' time.
17    The Department shall, by rule, allow certain facilities
18subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
19S) and 300.6000 and following (Subpart T) to utilize
20specialized clinical staff, as defined in rules, to count
21towards the staffing ratios.
22    An employee listed in any of items (1) through (7) shall be
23counted as direct care staff to the extent the individual
24actually provides direct care to residents, including any
25ancillary time the individual spends recording the direct care

 

 

09700SB2554sam001- 39 -LRB097 16401 DRJ 66939 a

1he or she has provided to residents. An individual's time spent
2on scheduled breaks, in training (other than one-on-one
3demonstration and practice of direct care techniques with a
4resident), making appointments, or serving other functions not
5in the presence of a resident, shall not be considered "direct
6care".
7    (b) Beginning January 1, 2011, and thereafter, light
8intermediate care shall be staffed at the same staffing ratio
9as intermediate care.
10    (c) Facilities shall notify the Department within 60 days
11after the effective date of this amendatory Act of the 96th
12General Assembly, in a form and manner prescribed by the
13Department, of the staffing ratios in effect on the effective
14date of this amendatory Act of the 96th General Assembly for
15both intermediate and skilled care and the number of residents
16receiving each level of care.
17    (d)(1) Effective July 1, 2010, for each resident needing
18skilled care, a minimum staffing ratio of 2.5 hours of nursing
19and personal care each day must be provided; for each resident
20needing intermediate care, 1.7 hours of nursing and personal
21care each day must be provided.
22    (2) Effective January 1, 2011, the minimum staffing ratios
23shall be increased to 2.7 hours of nursing and personal care
24each day for a resident needing skilled care and 1.9 hours of
25nursing and personal care each day for a resident needing
26intermediate care.

 

 

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1    (3) Effective January 1, 2012, the minimum staffing ratios
2shall be increased to 3.0 hours of nursing and personal care
3each day for a resident needing skilled care and 2.1 hours of
4nursing and personal care each day for a resident needing
5intermediate care.
6    (4) Effective January 1, 2013, the minimum staffing ratios
7shall be increased to 3.4 hours of nursing and personal care
8each day for a resident needing skilled care and 2.3 hours of
9nursing and personal care each day for a resident needing
10intermediate care.
11    (5) Effective January 1, 2014, the minimum staffing ratios
12shall be increased to 3.8 hours of nursing and personal care
13each day for a resident needing skilled care and 2.5 hours of
14nursing and personal care each day for a resident needing
15intermediate care.
16(Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11.)
 
17    (210 ILCS 45/3-202.2b)
18    Sec. 3-202.2b. Certification of psychiatric rehabilitation
19program.
20    (a) No later than January 1, 2011, the Department shall
21file with the Joint Committee on Administrative Rules, pursuant
22to the Illinois Administrative Procedure Act, proposed rules or
23proposed amendments to existing rules to establish a special
24certification program for compliance with 77 Ill. Admin. Code
25300.4000 and following (Subpart S), which provides for

 

 

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1psychiatric rehabilitation services that are required to be
2offered by a long term care facility licensed under this Act
3that serves residents with serious mental illness. Compliance
4with standards promulgated pursuant to this Section must be
5demonstrated before a long term care facility licensed under
6this Act is eligible to become certified under this Section and
7annually thereafter.
8    (b) No long term care facility shall establish, operate,
9maintain, or offer psychiatric rehabilitation services, or
10admit, retain, or seek referrals of a resident with a serious
11mental illness diagnosis, unless and until a valid
12certification, which remains unsuspended, unrevoked, and
13unexpired, has been issued.
14    (c) A facility that currently serves a resident with
15serious mental illness may continue to admit such residents
16until the Department performs a certification review and
17determines that the facility does not meet the requirements for
18certification. The Department, at its discretion, may provide
19an additional 90-day period for the facility to meet the
20requirements for certification if it finds that the facility
21has made a good faith effort to comply with all certification
22requirements and will achieve total compliance with the
23requirements before the end of the 90-day period. The facility
24shall be prohibited from admitting residents with serious
25mental illness until the Department certifies the facility to
26be in compliance with the requirements of this Section.

 

 

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1    (d) A facility currently serving residents with serious
2mental illness that elects to terminate provision of services
3to this population must immediately notify the Department of
4its intent, cease to admit new residents with serious mental
5illness, and give notice to all existing residents with serious
6mental illness of their impending discharge. These residents
7shall be accorded all rights and assistance provided to a
8resident being involuntarily discharged and those provided
9under Section 2-201.5. The facility shall continue to adhere to
10all requirements of 77 Ill. Admin. Code 300.4000 until all
11residents with serious mental illness have been discharged.
12    (e) A long term care facility found to be out of compliance
13with the certification requirements under this Section may be
14subject to denial, revocation, or suspension of the psychiatric
15rehabilitation services certification or the imposition of
16sanctions and penalties, including the immediate suspension of
17new admissions. Hearings shall be conducted pursuant to Article
18III, Part 7 of this Act.
19    (f) The Department shall indicate, on its list of licensed
20long term care facilities, which facilities are certified under
21this Section and shall distribute this list to the appropriate
22State agencies charged with administering and implementing the
23State's program of pre-admission screening and resident
24review, hospital discharge planners, Area Agencies on Aging,
25Case Coordination Units, and others upon request.
26    (g) No public official, agent, or employee of the State, or

 

 

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1any subcontractor of the State, may refer or arrange for the
2placement of a person with serious mental illness in a long
3term care facility that is not certified under this Section. No
4public official, agent, or employee of the State, or any
5subcontractor of the State, may place the name of a long term
6care facility on a list of facilities serving the seriously
7mentally ill for distribution to the general public or to
8professionals arranging for placements or making referrals
9unless the facility is certified under this Section.
10    (h) Certification requirements. The Department shall
11establish requirements for certification that augment current
12quality of care standards for long term care facilities serving
13residents with serious mental illness, which shall include
14admission, discharge planning, psychiatric rehabilitation
15services, development of age-group appropriate treatment plan
16goals and services, behavior management services, coordination
17with community mental health services, staff qualifications
18and training, clinical consultation, resident access to the
19outside community, and appropriate environment and space for
20resident programs, recreation, privacy, and any other issue
21deemed appropriate by the Department. The augmented standards
22shall at a minimum include, but need not be limited to, the
23following:
24        (1) Staff sufficient in number and qualifications
25    necessary to meet the scheduled and unscheduled needs of
26    the residents on a 24-hour basis. The Department shall

 

 

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1    establish by rule the minimum number of psychiatric
2    services rehabilitation coordinators in relation to the
3    number of residents with serious mental illness residing in
4    the facility. When no psychiatric services rehabilitation
5    coordinator is in the facility, there shall be at least one
6    such person on call and available to respond to emergencies
7    in the facility.
8        (2) The number and qualifications of consultants
9    required to be contracted with to provide continuing
10    education and training, and to assist with program
11    development.
12        (3) Training for all new employees specific to the care
13    needs of residents with a serious mental illness diagnosis
14    during their orientation period and annually thereafter.
15    Training shall be independent of the Department and
16    overseen by an agency designated by the Governor to
17    determine the content of all facility employee training and
18    to provide training for all trainers of facility employees.
19    Training of employees shall at minimum include, but need
20    not be limited to, (i) the impact of a serious mental
21    illness diagnosis, (ii) the recovery paradigm and the role
22    of psychiatric rehabilitation, (iii) preventive strategies
23    for managing aggression and crisis prevention, (iv) basic
24    psychiatric rehabilitation techniques and service
25    delivery, (v) resident rights, (vi) abuse prevention,
26    (vii) appropriate interaction between staff and residents,

 

 

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1    and (viii) any other topic deemed by the Department to be
2    important to ensuring quality of care.
3        (4) Quality assessment and improvement requirements,
4    in addition to those contained in this Act on the effective
5    date of this amendatory Act of the 96th General Assembly,
6    specific to a facility's residential psychiatric
7    rehabilitation services, which shall be made available to
8    the Department upon request. A facility shall be required
9    at a minimum to develop and maintain policies and
10    procedures that include, but need not be limited to,
11    evaluation of the appropriateness of resident admissions
12    based on the facility's capacity to meet specific needs,
13    resident assessments, development and implementation of
14    care plans, and discharge planning.
15        (5) Room selection and appropriateness of roommate
16    assignment, including the assignment of female residents
17    to female-only units or floors and, to the extent possible
18    (taking into account the availability of staff and staff
19    preference), the assignment of only female staff to work on
20    those floors or units.
21        (6) Comprehensive quarterly review of all treatment
22    plans for residents with serious mental illness by the
23    resident's interdisciplinary team, which takes into
24    account, at a minimum, the resident's progress, prior
25    assessments, and treatment plan.
26        (7) Substance abuse screening and management and

 

 

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1    documented referral relationships with certified substance
2    abuse treatment providers.
3        (8) Administration of psychotropic medications to a
4    non-objecting resident with serious mental illness who is
5    incapable of giving informed consent, in compliance with
6    the applicable provisions of the Mental Health and
7    Developmental Disabilities Code. Administration of
8    psychotropic medications to an objecting resident, only
9    with a court order authorizing such administration.
10    (i) The Department shall establish a certification fee
11schedule by rule, in consultation with advocates, nursing
12homes, and representatives of associations representing long
13term care facilities.
14    (j) The Director or her or his designee shall seek input
15from the Long Term Care Facility Advisory Board before filing
16rules to implement this Section.
17    Rules proposed no later than January 1, 2011 under this
18Section shall take effect 180 days after being approved by the
19Joint Committee on Administrative Rules.
20(Source: P.A. 96-1372, eff. 7-29-10.)
 
21    (210 ILCS 45/3-202.6 new)
22    Sec. 3-202.6. Liability insurance coverage required. No
23person may establish, operate, maintain, offer, or advertise a
24facility within this State without providing to the Department
25of Public Health proof of liability insurance coverage in an

 

 

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1amount not less than $1,000,000 per occurrence. This
2requirement may not be waived. Failure to maintain such
3liability insurance coverage during the term of a facility's
4license shall be a separate Type "B" violation for each
5resident of the facility for each month, or part of a month, in
6which the facility did not have the minimum required liability
7insurance.
 
8    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
9    Sec. 3-206. The Department shall prescribe a curriculum for
10training nursing assistants, habilitation aides, and child
11care aides.
12    (a) No person, except a volunteer who receives no
13compensation from a facility and is not included for the
14purpose of meeting any staffing requirements set forth by the
15Department, shall act as a nursing assistant, habilitation
16aide, or child care aide in a facility, nor shall any person,
17under any other title, not licensed, certified, or registered
18to render medical care by the Department of Professional
19Regulation, assist with the personal, medical, or nursing care
20of residents in a facility, unless such person meets the
21following requirements:
22        (1) Be at least 16 years of age, of temperate habits
23    and good moral character, honest, reliable and
24    trustworthy.
25        (2) Be able to speak and understand the English

 

 

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1    language or a language understood by a substantial
2    percentage of the facility's residents.
3        (3) Provide evidence of employment or occupation, if
4    any, and residence for 2 years prior to his present
5    employment.
6        (4) Have completed at least 10 8 years of grade school
7    or provide proof of equivalent knowledge.
8        (5) Begin a current course of training for nursing
9    assistants, habilitation aides, or child care aides,
10    approved by the Department, within 45 days of initial
11    employment in the capacity of a nursing assistant,
12    habilitation aide, or child care aide at any facility. Such
13    courses of training shall be successfully completed within
14    120 days of initial employment in the capacity of nursing
15    assistant, habilitation aide, or child care aide at a
16    facility. Nursing assistants, habilitation aides, and
17    child care aides who are enrolled in approved courses in
18    community colleges or other educational institutions on a
19    term, semester or trimester basis, shall be exempt from the
20    120 day completion time limit. The Department shall adopt
21    rules for such courses of training. These rules shall
22    include procedures for facilities to carry on an approved
23    course of training within the facility.
24        The Department may accept comparable training in lieu
25    of the 120 hour course for student nurses, foreign nurses,
26    military personnel, or employes of the Department of Human

 

 

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1    Services.
2        The facility shall develop and implement procedures
3    and at least 6 hours of quarterly in-service training,
4    which shall be approved by the Department, for an ongoing
5    review process, which shall take place within the facility,
6    for nursing assistants, habilitation aides, and child care
7    aides. The facility shall retain records of all staff
8    in-service training and shall provide such records to the
9    Department upon request. At least half of each quarter of
10    in-service training shall be one-on-one direct resident
11    care demonstration and practice of patient care
12    techniques.
13        At the time of each regularly scheduled licensure
14    survey, or at the time of a complaint investigation, the
15    Department may require any nursing assistant, habilitation
16    aide, or child care aide to demonstrate, either through
17    written examination or action, or both, sufficient
18    knowledge in all areas of required training. If such
19    knowledge is inadequate the Department shall require the
20    nursing assistant, habilitation aide, or child care aide to
21    complete inservice training and review in the facility
22    until the nursing assistant, habilitation aide, or child
23    care aide demonstrates to the Department, either through
24    written examination or action, or both, sufficient
25    knowledge in all areas of required training.
26        (6) Be familiar with and have general skills related to

 

 

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1    resident care.
2    (a-0.5) An educational entity, other than a secondary
3school, conducting a nursing assistant, habilitation aide, or
4child care aide training program shall initiate a criminal
5history record check in accordance with the Health Care Worker
6Background Check Act prior to entry of an individual into the
7training program. A secondary school may initiate a criminal
8history record check in accordance with the Health Care Worker
9Background Check Act at any time during or after a training
10program.
11    (a-1) Nursing assistants, habilitation aides, or child
12care aides seeking to be included on the registry maintained
13under Section 3-206.01 on or after January 1, 1996 must
14authorize the Department of Public Health or its designee to
15request a criminal history record check in accordance with the
16Health Care Worker Background Check Act and submit all
17necessary information. An individual may not newly be included
18on the registry unless a criminal history record check has been
19conducted with respect to the individual.
20    (b) Persons subject to this Section shall perform their
21duties under the supervision of a licensed nurse.
22    (c) It is unlawful for any facility to employ any person in
23the capacity of nursing assistant, habilitation aide, or child
24care aide, or under any other title, not licensed by the State
25of Illinois to assist in the personal, medical, or nursing care
26of residents in such facility unless such person has complied

 

 

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1with this Section.
2    (d) Proof of compliance by each employee with the
3requirements set out in this Section shall be maintained for
4each such employee by each facility in the individual personnel
5folder of the employee. Proof of training shall be obtained
6only from the health care worker registry.
7    (e) Each facility shall obtain access to the health care
8worker registry's web application, maintain the employment and
9demographic information relating to each employee, and verify
10by the category and type of employment that each employee
11subject to this Section meets all the requirements of this
12Section.
13    (f) Any facility that is operated under Section 3-803 shall
14be exempt from the requirements of this Section.
15    (g) Each skilled nursing and intermediate care facility
16that admits persons who are diagnosed as having Alzheimer's
17disease or related dementias shall require all nursing
18assistants, habilitation aides, or child care aides, who did
19not receive 12 hours of training in the care and treatment of
20such residents during the training required under paragraph (5)
21of subsection (a), to obtain 12 hours of in-house training in
22the care and treatment of such residents. If the facility does
23not provide the training in-house, the training shall be
24obtained from other facilities, community colleges or other
25educational institutions that have a recognized course for such
26training. The Department shall, by rule, establish a recognized

 

 

09700SB2554sam001- 52 -LRB097 16401 DRJ 66939 a

1course for such training. The Department's rules shall provide
2that such training may be conducted in-house at each facility
3subject to the requirements of this subsection, in which case
4such training shall be monitored by the Department.
5    The Department's rules shall also provide for
6circumstances and procedures whereby any person who has
7received training that meets the requirements of this
8subsection shall not be required to undergo additional training
9if he or she is transferred to or obtains employment at a
10different facility or a facility other than a long-term care
11facility but remains continuously employed for pay as a nursing
12assistant, habilitation aide, or child care aide. Individuals
13who have performed no nursing or nursing-related services for a
14period of 24 consecutive months shall be listed as "inactive"
15and as such do not meet the requirements of this Section.
16Licensed sheltered care facilities shall be exempt from the
17requirements of this Section.
18(Source: P.A. 96-1372, eff. 7-29-10.)
 
19    (210 ILCS 45/3-206.06 new)
20    Sec. 3-206.06. Dementia-specific orientation.
21    (a) A facility that admits or retains persons with
22Alzheimer's disease or other dementias shall give all staff who
23have any direct contact with these residents at least 4 hours
24of dementia-specific orientation within their first 7 days of
25employment. Nurses, nursing assistants, and social service and

 

 

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1activities staff who work with these residents shall, within
2their first 45 days of employment, receive a minimum of 12
3additional hours of orientation specifically related to the
4care of persons with Alzheimer's disease and other dementias.
5All staff who have any direct contact with these residents
6shall have at least 12 hours of dementia-specific education and
7training annually thereafter.
8    (b) The Department shall specify the content of the
9orientation and the annual education and training.
 
10    (210 ILCS 45/3-207)  (from Ch. 111 1/2, par. 4153-207)
11    Sec. 3-207. (a) As a condition of the issuance or renewal
12of the license of any facility, the applicant shall file a
13statement of ownership. The applicant shall update the
14information required in the statement of ownership within 10
15days of any change.
16    (b) The statement of ownership shall include the following:
17    (1) The name, address, telephone number, occupation or
18business activity, business address and business telephone
19number of the person who is the owner of the facility and every
20person who owns the building in which the facility is located,
21if other than the owner of the facility, which is the subject
22of the application or license; and if the owner is a
23partnership or corporation, the name of every partner and
24stockholder of the owner;
25    (2) The name and address of any facility, wherever located,

 

 

09700SB2554sam001- 54 -LRB097 16401 DRJ 66939 a

1any financial interest in which is owned by the applicant, if
2the facility were required to be licensed if it were located in
3this State;
4    (3) Other information necessary to determine the identity
5and qualifications of an applicant or licensee to operate a
6facility in accordance with this Act as required by the
7Department in regulations.
8    (c) The information in the statement of ownership shall be
9public information and shall be available from the Department.
10    (d) A facility which is owned by a chain organization as
11defined by the Centers for Medicare and Medicaid Services shall
12submit annually to the Department an electronic copy of the
13Home Office Cost Statement required to be submitted by the home
14office of the chain to the United States Department of Health
15and Human Services. The facility shall send the cost statement
16in electronic form to the Department forthwith after it submits
17the statement to the Department of Health and Human Services.
18Each week that a facility fails to comply with the requirements
19of this subsection shall be cited as a separate administrative
20warning.
21(Source: P.A. 85-1183.)
 
22    (210 ILCS 45/3-304.1)
23    Sec. 3-304.1. Public computer access to information.
24    (a) The Department must make information regarding nursing
25homes in the State available to the public in electronic form

 

 

09700SB2554sam001- 55 -LRB097 16401 DRJ 66939 a

1on the World Wide Web, including all of the following
2information:
3        (1) who regulates nursing homes;
4        (2) information in the possession of the Department
5    that is listed in Sections 3-210 and 3-304;
6        (3) deficiencies and plans of correction;
7        (4) enforcement remedies;
8        (5) penalty letters;
9        (6) designation of penalty monies;
10        (7) the U.S. Department of Health and Human Services'
11    Health Care Financing Administration special projects or
12    federally required inspections;
13        (8) advisory standards;
14        (9) deficiency-free surveys;
15        (10) enforcement actions and enforcement summaries;
16    and
17        (11) distressed facilities; .
18        (12) a link to the most recent facility cost report
19    filed with the Department of Healthcare and Family
20    Services;
21        (13) a link to the most recent Consumer Choice
22    Information Report filed with the Department on Aging;
23        (14) whether the facility is part of a chain; the
24    facility shall be deemed part of a chain if it meets
25    criteria established by the United States Department of
26    Health and Human Services that identify it as owned by a

 

 

09700SB2554sam001- 56 -LRB097 16401 DRJ 66939 a

1    chain organization; and
2        (15) a copy of the latest Home Office Cost Statement,
3    if any, filed by the home office of the owner of the
4    facility with the United States Department of Health and
5    Human Services.
6    (b) No fee or other charge may be imposed by the Department
7as a condition of accessing the information.
8    (c) The electronic public access provided through the World
9Wide Web shall be in addition to any other electronic or print
10distribution of the information.
11    (d) The information shall be made available as provided in
12this Section in the shortest practicable time after it is
13publicly available in any other form.
14    (e) The Department shall cooperate with a tax-exempt,
15not-for-profit organization dedicated solely to advocacy for
16long-term care residents to make available in electronic form
17the results of all surveys, including any enforcement actions,
18and current information about individual nursing home
19staffing, in the shortest practicable time after they become
20publicly available. The data shall be provided without charge,
21so long as the organization charges no fee for sharing the
22information with the general public. If the organization makes
23the data available on a website, the Department shall create a
24link to the website on the Department's website.
25(Source: P.A. 96-1372, eff. 7-29-10.)
 

 

 

09700SB2554sam001- 57 -LRB097 16401 DRJ 66939 a

1    (210 ILCS 45/3-808.5)
2    Sec. 3-808.5. Nursing home fraud, abuse, and neglect
3prevention and reporting.
4    (a) Every licensed long term care facility that receives
5Medicaid funding shall prominently display in its lobby, in its
6dining areas, and on each floor of the facility information
7approved by the Illinois Medicaid Fraud Control Unit on how to
8report fraud, abuse, and neglect. In addition, information
9regarding the reporting of fraud, abuse, and neglect shall be
10provided to each resident at the time of admission and to the
11resident's family members or emergency contacts, or to both the
12resident's family members and his or her emergency contacts.
13    (b) Any owner or licensee of a long term care facility
14licensed under this Act shall be responsible for the collection
15and maintenance of any and all records required to be
16maintained under this Section and any other applicable
17provisions of this Act, and as a provider under the Illinois
18Public Aid Code, and shall be responsible for compliance with
19all of the disclosure requirements under this Section. All
20books and records and other papers and documents that are
21required to be kept, and all records showing compliance with
22all of the disclosure requirements to be made pursuant to this
23Section, shall be kept at the facility and shall, at all times
24during business hours, be subject to inspection by any law
25enforcement or health oversight agency or its duly authorized
26agents or employees.

 

 

09700SB2554sam001- 58 -LRB097 16401 DRJ 66939 a

1    (c) Any report of abuse and neglect of residents made by
2any individual in whatever manner, including, but not limited
3to, reports made under Sections 2-107 and 3-610 of this Act, or
4as provided under the Abused and Neglected Long Term Care
5Facility Residents Reporting Act, that is made to an
6administrator, a director of nursing, or any other person with
7management responsibility at a long term care facility must be
8disclosed to the owners and licensee of the facility within 24
9hours of the report. The owners and licensee of a long term
10care facility shall maintain all records necessary to show
11compliance with this disclosure requirement.
12    (d) Any person with an ownership interest in a long term
13care facility licensed by the Department must, within 30 days
14of the effective date of this amendatory Act of the 96th
15General Assembly, disclose the existence of any ownership
16interest in any vendor who does business with the facility. The
17disclosures required by this subsection shall be made in the
18form and manner prescribed by the Department. Licensed long
19term care facilities who receive Medicaid funding shall submit
20a copy of the disclosures required by this subsection to the
21Illinois Medicaid Fraud Control Unit. The owners and licensee
22of a long term care facility shall maintain all records
23necessary to show compliance with this disclosure requirement.
24    (e) Notwithstanding the provisions of Section 3-318 of this
25Act, and in addition thereto, any person, owner, or licensee
26who willfully fails to keep and maintain, or willfully fails to

 

 

09700SB2554sam001- 59 -LRB097 16401 DRJ 66939 a

1produce for inspection, books and records, or willfully fails
2to make the disclosures required by this Section, is guilty of
3a Class A misdemeanor. A second or subsequent violation of this
4Section shall be punishable as a Class 4 felony.
5    (f) Any owner or licensee who willfully files or willfully
6causes to be filed a document with false information with the
7Department, the Department of Healthcare and Family Services,
8or the Illinois Medicaid Fraud Control Unit or any other law
9enforcement agency, is guilty of a Class A misdemeanor.
10    (g) At the request of the Department of State Police, a
11facility shall cooperate with that agency in arranging for the
12Department of State Police to train facility staff on
13preventing resident abuse and neglect.
14(Source: P.A. 96-1373, eff. 7-29-10.)
 
15    Section 20. The ID/DD Community Care Act is amended by
16changing Section 3-206 and by adding Section 3-206.06 as
17follows:
 
18    (210 ILCS 47/3-206)
19    Sec. 3-206. Curriculum for training nursing assistants and
20aides. The Department shall prescribe a curriculum for training
21nursing assistants, habilitation aides, and child care aides.
22    (a) No person, except a volunteer who receives no
23compensation from a facility and is not included for the
24purpose of meeting any staffing requirements set forth by the

 

 

09700SB2554sam001- 60 -LRB097 16401 DRJ 66939 a

1Department, shall act as a nursing assistant, habilitation
2aide, or child care aide in a facility, nor shall any person,
3under any other title, not licensed, certified, or registered
4to render medical care by the Department of Financial and
5Professional Regulation, assist with the personal, medical, or
6nursing care of residents in a facility, unless such person
7meets the following requirements:
8        (1) Be at least 18 16 years of age, of temperate habits
9    and good moral character, honest, reliable and
10    trustworthy.
11        (2) Be able to speak and understand the English
12    language or a language understood by a substantial
13    percentage of the facility's residents.
14        (3) Provide evidence of employment or occupation, if
15    any, and residence for 2 years prior to his or her present
16    employment.
17        (4) Have completed at least 10 8 years of grade school
18    or provide proof of equivalent knowledge.
19        (5) Begin a current course of training for nursing
20    assistants, habilitation aides, or child care aides,
21    approved by the Department, within 45 days of initial
22    employment in the capacity of a nursing assistant,
23    habilitation aide, or child care aide at any facility. Such
24    courses of training shall be successfully completed within
25    120 days of initial employment in the capacity of nursing
26    assistant, habilitation aide, or child care aide at a

 

 

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1    facility. Nursing assistants, habilitation aides, and
2    child care aides who are enrolled in approved courses in
3    community colleges or other educational institutions on a
4    term, semester or trimester basis, shall be exempt from the
5    120-day completion time limit. The Department shall adopt
6    rules for such courses of training. These rules shall
7    include procedures for facilities to carry on an approved
8    course of training within the facility.
9        The Department may accept comparable training in lieu
10    of the 120-hour course for student nurses, foreign nurses,
11    military personnel, or employees of the Department of Human
12    Services.
13        The facility shall develop and implement procedures
14    and at least 6 hours of quarterly in-service training,
15    which shall be approved by the Department, for an ongoing
16    review process, which shall take place within the facility,
17    for nursing assistants, habilitation aides, and child care
18    aides. The facility shall retain records of all staff
19    in-service training and shall provide such records to the
20    Department upon request. At least half of each quarter of
21    in-service training shall be one-on-one direct resident
22    care demonstration and practice of patient care
23    techniques.
24        At the time of each regularly scheduled licensure
25    survey, or at the time of a complaint investigation, the
26    Department may require any nursing assistant, habilitation

 

 

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1    aide, or child care aide to demonstrate, either through
2    written examination or action, or both, sufficient
3    knowledge in all areas of required training. If such
4    knowledge is inadequate the Department shall require the
5    nursing assistant, habilitation aide, or child care aide to
6    complete inservice training and review in the facility
7    until the nursing assistant, habilitation aide, or child
8    care aide demonstrates to the Department, either through
9    written examination or action, or both, sufficient
10    knowledge in all areas of required training; and
11        (6) Be familiar with and have general skills related to
12    resident care.
13    (a-0.5) An educational entity, other than a secondary
14school, conducting a nursing assistant, habilitation aide, or
15child care aide training program shall initiate a criminal
16history record check in accordance with the Health Care Worker
17Background Check Act prior to entry of an individual into the
18training program. A secondary school may initiate a criminal
19history record check in accordance with the Health Care Worker
20Background Check Act at any time during or after a training
21program.
22    (a-1) Nursing assistants, habilitation aides, or child
23care aides seeking to be included on the registry maintained
24under Section 3-206.01 of this Act must authorize the
25Department of Public Health or its designee to request a
26criminal history record check in accordance with the Health

 

 

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1Care Worker Background Check Act and submit all necessary
2information. An individual may not newly be included on the
3registry unless a criminal history record check has been
4conducted with respect to the individual.
5    (b) Persons subject to this Section shall perform their
6duties under the supervision of a licensed nurse or other
7appropriately trained, licensed, or certified personnel.
8    (c) It is unlawful for any facility to employ any person in
9the capacity of nursing assistant, habilitation aide, or child
10care aide, or under any other title, not licensed by the State
11of Illinois to assist in the personal, medical, or nursing care
12of residents in such facility unless such person has complied
13with this Section.
14    (d) Proof of compliance by each employee with the
15requirements set out in this Section shall be maintained for
16each such employee by each facility in the individual personnel
17folder of the employee. Proof of training shall be obtained
18only from the health care worker registry.
19    (e) Each facility shall obtain access to the health care
20worker registry's web application, maintain the employment and
21demographic information relating to each employee, and verify
22by the category and type of employment that each employee
23subject to this Section meets all the requirements of this
24Section.
25    (f) Any facility that is operated under Section 3-803 shall
26be exempt from the requirements of this Section.

 

 

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1    (g) Each skilled nursing and intermediate care facility
2that admits persons who are diagnosed as having Alzheimer's
3disease or related dementias shall require all nursing
4assistants, habilitation aides, or child care aides, who did
5not receive 12 hours of training in the care and treatment of
6such residents during the training required under paragraph (5)
7of subsection (a), to obtain 12 hours of in house training in
8the care and treatment of such residents. If the facility does
9not provide the training in house, the training shall be
10obtained from other facilities, community colleges or other
11educational institutions that have a recognized course for such
12training. The Department shall, by rule, establish a recognized
13course for such training.
14    The Department's rules shall provide that such training may
15be conducted in house at each facility subject to the
16requirements of this subsection, in which case such training
17shall be monitored by the Department. The Department's rules
18shall also provide for circumstances and procedures whereby any
19person who has received training that meets the requirements of
20this subsection shall not be required to undergo additional
21training if he or she is transferred to or obtains employment
22at a different facility or a facility other than those licensed
23under this Act but remains continuously employed as a nursing
24assistant, habilitation aide, or child care aide. Individuals
25who have performed no nursing, nursing-related services, or
26habilitation services for a period of 24 consecutive months

 

 

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1shall be listed as inactive and as such do not meet the
2requirements of this Section. Licensed sheltered care
3facilities shall be exempt from the requirements of this
4Section.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
6    (210 ILCS 47/3-206.06 new)
7    Sec. 3-206.06. Dementia-specific orientation.
8    (a) A facility that admits or retains persons with
9Alzheimer's disease or other dementias shall give all staff who
10have any direct contact with these residents at least 4 hours
11of dementia-specific orientation within their first 7 days of
12employment. Nurses, nursing assistants, and social service and
13activities staff who work with these residents shall, within
14their first 45 days of employment, receive a minimum of 12
15additional hours of orientation specifically related to the
16care of persons with Alzheimer's disease and other dementias.
17All staff who have any direct contact with these residents
18shall have at least 12 hours of dementia-specific education and
19training annually thereafter.
20    (b) The Department shall specify the content of the
21orientation and the annual education and training.
 
22    Section 25. The Specialized Mental Health Rehabilitation
23Act is amended by changing Sections 2-208, 3-109, 3-117, 3-119,
243-202, 3-202.2b, 3-206, 3-207, 3-304.1, and 3-808.5 and by

 

 

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1adding Sections 1-114.2, 2-218, 3-202.6, and 3-206.06, as
2follows:
 
3    (210 ILCS 48/1-114.2 new)
4    Sec. 1-114.2. Liability insurance. "Liability insurance"
5means insurance on risks based upon neglect of a resident for
6which a licensee is or may be responsible.
 
7    (210 ILCS 48/2-208)
8    Sec. 2-208. Notice of imminent death, unusual incident,
9abuse, or neglect.
10    (a) A facility shall immediately notify the resident's next
11of kin, representative and physician of the resident's death or
12when the resident's death appears to be imminent. A facility
13shall notify the Department by telephone of a resident's death
14within 24 hours after the resident's death. The facility shall
15notify the Department of the death of a facility resident that
16does not occur in the facility immediately upon learning of the
17death. A facility shall promptly notify the coroner or medical
18examiner of a resident's death in a manner and form to be
19determined by the Department after consultation with the
20coroner or medical examiner of the county in which the facility
21is located. In addition to notice to the Department by
22telephone, the Department shall require the facility to submit
23written notification of the death of a resident within 72 hours
24after the death, including a report of any medication errors or

 

 

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1other incidents that occurred, within 30 days after the
2resident's death. A facility's failure to comply with this
3subsection shall constitute a Type "B" violation.
4    (b) A facility shall immediately notify a resident's next
5of kin, guardian, or representative of any unusual incident,
6abuse, or neglect involving the resident. A facility shall
7immediately notify the Department by telephone of any unusual
8incident, abuse, or neglect required to be reported pursuant to
9State law or administrative rule. In addition to notice to the
10Department by telephone, the Department shall require the
11facility to submit written notification of any unusual
12incident, abuse, or neglect within one day after the unusual
13incident, abuse, or neglect occurs. A facility's failure to
14comply with this subsection shall constitute a Type "B"
15violation. For purposes of this subsection, "unusual incident"
16means any of the following: a serious injury; an unscheduled
17hospital visit for treatment of serious injury; a 9-1-1 call
18for emergency services directly relating to a resident threat;
19or stalking of staff, a resident, or any other person.
20(Source: P.A. 97-38, eff. 6-28-11.)
 
21    (210 ILCS 48/2-218 new)
22    Sec. 2-218. Notification of violations or deficiencies.
23When the Department issues any notice pursuant to Section
243-119, 3-301, 3-303, 3-307, or 3-702 of this Act, or when the
25Centers for Medicare and Medicaid Services (CMS) issues a

 

 

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1notice of federal Medicaid certification deficiencies, the
2facility receiving the notice shall provide notification of the
3violations or deficiencies, within 10 days after receiving the
4notice, to (i) every resident identified or referred to
5anywhere within the Department's notice of violations or the
6CMS Form 2567 (Statement of Deficiencies and Plan of
7Correction) as having received care or services that violated
8State or federal standards and (ii) the guardian or resident's
9representative of every such resident. The notification
10provided by the facility shall include a Department-prescribed
11notification letter as determined by rule and a copy of the
12Department's notice of violations and CMS Form 2567, if any. A
13facility's failure to provide notification pursuant to this
14Section to a resident and the resident's representative or
15guardian, if any, shall constitute a Type "B" violation.
 
16    (210 ILCS 48/3-109)
17    Sec. 3-109. Issuance of license based on Director's
18findings. Upon receipt and review of an application for a
19license made under this Article and inspection of the applicant
20facility under this Article, the Director shall issue a license
21if he or she finds:
22        (1) That the individual applicant, or the corporation,
23    partnership or other entity if the applicant is not an
24    individual, is a person responsible and suitable to operate
25    or to direct or participate in the operation of a facility

 

 

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1    by virtue of financial capacity, appropriate business or
2    professional experience, a record of compliance with
3    lawful orders of the Department and lack of revocation of a
4    license during the previous 5 years;
5        (2) That the facility is under the supervision of an
6    administrator who is licensed, if required, under the
7    Nursing Home Administrators Licensing and Disciplinary
8    Act, as now or hereafter amended; and
9        (3) that the facility is covered by liability insurance
10    as required by this Act; and
11        (4) (3) That the facility is in substantial compliance
12    with this Act, and such other requirements for a license as
13    the Department by rule may establish under this Act.
14(Source: P.A. 97-38, eff. 6-28-11.)
 
15    (210 ILCS 48/3-117)
16    Sec. 3-117. Denial of license; grounds. An application for
17a license may be denied for any of the following reasons:
18        (1) Failure to meet any of the minimum standards set
19    forth by this Act or by rules and regulations promulgated
20    by the Department under this Act.
21        (2) Conviction of the applicant, or if the applicant is
22    a firm, partnership or association, of any of its members,
23    or if a corporation, the conviction of the corporation or
24    any of its officers or stockholders, or of the person
25    designated to manage or supervise the facility, of a

 

 

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1    felony, or of 2 or more misdemeanors involving moral
2    turpitude, during the previous 5 years as shown by a
3    certified copy of the record of the court of conviction.
4        (3) Personnel insufficient in number or unqualified by
5    training or experience to properly care for the proposed
6    number and type of residents.
7        (4) Insufficient financial or other resources to
8    operate and conduct the facility in accordance with
9    standards promulgated by the Department under this Act,
10    including failure to have or maintain liability insurance
11    as required by this Act, and in accordance with contractual
12    obligations assumed by a recipient of a grant under the
13    Equity in Long-term Care Quality Act and the plan (if
14    applicable) submitted by a grantee for continuing and
15    increasing adherence to best practices in providing
16    high-quality nursing home care.
17        (5) Revocation of a facility license during the
18    previous 5 years, if such prior license was issued to the
19    individual applicant, a controlling owner or controlling
20    combination of owners of the applicant; or any affiliate of
21    the individual applicant or controlling owner of the
22    applicant and such individual applicant, controlling owner
23    of the applicant or affiliate of the applicant was a
24    controlling owner of the prior license; provided, however,
25    that the denial of an application for a license pursuant to
26    this subsection must be supported by evidence that such

 

 

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1    prior revocation renders the applicant unqualified or
2    incapable of meeting or maintaining a facility in
3    accordance with the standards and rules promulgated by the
4    Department under this Act.
5        (6) That the facility is not under the direct
6    supervision of a full-time administrator, as defined by
7    regulation, who is licensed, if required, under the Nursing
8    Home Administrators Licensing and Disciplinary Act.
9        (7) That the facility is in receivership and the
10    proposed licensee has not submitted a specific detailed
11    plan to bring the facility into compliance with the
12    requirements of this Act and with federal certification
13    requirements, if the facility is certified, and to keep the
14    facility in such compliance.
15(Source: P.A. 97-38, eff. 6-28-11.)
 
16    (210 ILCS 48/3-119)
17    Sec. 3-119. Suspension, revocation, or refusal to renew
18license.    
19    (a) The Department, after notice to the applicant or
20licensee, may suspend, revoke, or refuse to renew a license in
21any case in which the Department finds any of the following:
22        (1) There has been a substantial failure to comply with
23    this Act or the rules and regulations promulgated by the
24    Department under this Act. A substantial failure by a
25    facility shall include, but not be limited to, any of the

 

 

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1    following:
2            (A) termination of Medicare or Medicaid
3        certification by the Centers for Medicare and Medicaid
4        Services; or
5            (B) a failure by the facility to pay any fine
6        assessed under this Act after the Department has sent
7        to the facility at least 2 notices of assessment that
8        include a schedule of payments as determined by the
9        Department, taking into account extenuating
10        circumstances and financial hardships of the facility.
11        (2) Conviction of the licensee, or of the person
12    designated to manage or supervise the facility, of a
13    felony, or of 2 or more misdemeanors involving moral
14    turpitude, during the previous 5 years as shown by a
15    certified copy of the record of the court of conviction.
16        (3) Personnel are insufficient in number or
17    unqualified by training or experience to properly care for
18    the number and type of residents served by the facility.
19        (4) Financial or other resources are insufficient to
20    conduct and operate the facility in accordance with
21    standards promulgated by the Department under this Act,
22    including that the facility failed to maintain liability
23    insurance coverage as required by this Act at some time
24    during the term of its license.
25        (5) The facility is not under the direct supervision of
26    a full-time administrator, as defined by regulation, who is

 

 

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1    licensed, if required, under the Nursing Home
2    Administrators Licensing and Disciplinary Act.
3        (6) The facility has committed 2 Type "AA" violations
4    within a 2-year period.
5    (b) Notice under this Section shall include a clear and
6concise statement of the violations on which the nonrenewal or
7revocation is based, the statute or rule violated and notice of
8the opportunity for a hearing under Section 3-703.
9    (c) If a facility desires to contest the nonrenewal or
10revocation of a license, the facility shall, within 10 days
11after receipt of notice under subsection (b) of this Section,
12notify the Department in writing of its request for a hearing
13under Section 3-703. Upon receipt of the request, the
14Department shall send notice to the facility and hold a hearing
15as provided under Section 3-703.
16    (d) The effective date of nonrenewal or revocation of a
17license by the Department shall be any of the following:
18        (1) Until otherwise ordered by the circuit court,
19    revocation is effective on the date set by the Department
20    in the notice of revocation, or upon final action after
21    hearing under Section 3-703, whichever is later.
22        (2) Until otherwise ordered by the circuit court,
23    nonrenewal is effective on the date of expiration of any
24    existing license, or upon final action after hearing under
25    Section 3-703, whichever is later; however, a license shall
26    not be deemed to have expired if the Department fails to

 

 

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1    timely respond to a timely request for renewal under this
2    Act or for a hearing to contest nonrenewal under paragraph
3    (c).
4        (3) The Department may extend the effective date of
5    license revocation or expiration in any case in order to
6    permit orderly removal and relocation of residents.
7    The Department may refuse to issue or may suspend the
8license of any person who fails to file a return, or to pay the
9tax, penalty or interest shown in a filed return, or to pay any
10final assessment of tax, penalty or interest, as required by
11any tax Act administered by the Illinois Department of Revenue,
12until such time as the requirements of any such tax Act are
13satisfied.
14(Source: P.A. 97-38, eff. 6-28-11.)
 
15    (210 ILCS 48/3-202)
16    Sec. 3-202. Standards for facilities. The Department shall
17prescribe minimum standards for facilities. These standards
18shall regulate:
19        (1) Location and construction of the facility,
20    including plumbing, heating, lighting, ventilation, and
21    other physical conditions which shall ensure the health,
22    safety, and comfort of residents and their protection from
23    fire hazard;
24        (2) Number and qualifications of all personnel,
25    including management and nursing personnel, having

 

 

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1    responsibility for any part of the care given to residents;
2    specifically, the Department shall establish staffing
3    ratios for facilities which shall specify the number of
4    staff hours per resident of care that are needed for
5    professional nursing care for various types of facilities
6    or areas within facilities and shall require consistent
7    assignment of the same nursing and other direct care staff
8    to the same residents, to the extent circumstances within
9    the control of the facility permit such assignment and
10    respecting requests by staff for reassignment;
11        (3) All sanitary conditions within the facility and its
12    surroundings, including water supply, sewage disposal,
13    food handling, and general hygiene, which shall ensure the
14    health and comfort of residents;
15        (4) Diet related to the needs of each resident based on
16    good nutritional practice and on recommendations which may
17    be made by the physicians attending the resident;
18        (5) Equipment essential to the health and welfare of
19    the residents;
20        (6) A program of habilitation and rehabilitation for
21    those residents who would benefit from such programs;
22        (7) A program for adequate maintenance of physical
23    plant and equipment;
24        (8) Adequate accommodations, staff and services for
25    the number and types of residents for whom the facility is
26    licensed to care, including standards for temperature and

 

 

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1    relative humidity within comfort zones determined by the
2    Department based upon a combination of air temperature,
3    relative humidity and air movement. Such standards shall
4    also require facility plans that provide for health and
5    comfort of residents at medical risk as determined by the
6    attending physician whenever the temperature and relative
7    humidity are outside such comfort zones established by the
8    Department. The standards must include a requirement that
9    areas of a facility used by residents of the facility be
10    air-conditioned and heated by means of operable
11    air-conditioning and heating equipment. The areas subject
12    to this air-conditioning and heating requirement include,
13    without limitation, bedrooms or common areas such as
14    sitting rooms, activity rooms, living rooms, community
15    rooms, and dining rooms;
16        (9) Development of evacuation and other appropriate
17    safety plans for use during weather, health, fire, physical
18    plant, environmental and national defense emergencies; and
19        (10) Maintenance of minimum financial or other
20    resources necessary to meet the standards established
21    under this Section, and to operate and conduct the facility
22    in accordance with this Act.
23(Source: P.A. 97-38, eff. 6-28-11.)
 
24    (210 ILCS 48/3-202.2b)
25    Sec. 3-202.2b. Certification of specialized mental health

 

 

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1rehabilitation facilities.
2    (a) The Department shall file with the Joint Committee on
3Administrative Rules, pursuant to the Illinois Administrative
4Procedure Act, proposed rules or proposed amendments to
5existing rules to establish a special certification program
6that provides for psychiatric rehabilitation services that are
7required to be offered by a facility licensed under this Act
8that serves residents with serious mental illness. Compliance
9with standards promulgated pursuant to this Section must be
10demonstrated before a facility licensed under this Act is
11eligible to become certified under this Section and annually
12thereafter.
13    (b) No facility shall establish, operate, maintain, or
14offer psychiatric rehabilitation services, or admit, retain,
15or seek referrals of a resident with a serious mental illness
16diagnosis, unless and until a valid certification, which
17remains unsuspended, unrevoked, and unexpired, has been
18issued.
19    (c) A facility that currently serves a resident with
20serious mental illness may continue to admit such residents
21until the Department performs a certification review and
22determines that the facility does not meet the requirements for
23certification. The Department, at its discretion, may provide
24an additional 90-day period for the facility to meet the
25requirements for certification if it finds that the facility
26has made a good faith effort to comply with all certification

 

 

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1requirements and will achieve total compliance with the
2requirements before the end of the 90-day period. The facility
3shall be prohibited from admitting residents with serious
4mental illness until the Department certifies the facility to
5be in compliance with the requirements of this Section.
6    (d) A facility currently serving residents with serious
7mental illness that elects to terminate provision of services
8to this population must immediately notify the Department of
9its intent, cease to admit new residents with serious mental
10illness, and give notice to all existing residents with serious
11mental illness of their impending discharge. These residents
12shall be accorded all rights and assistance provided to a
13resident being involuntarily discharged and those provided
14under Section 2-201.5 of this Act. The facility shall continue
15to adhere to all requirements of this Act until all residents
16with serious mental illness have been discharged.
17    (e) A facility found to be out of compliance with the
18certification requirements under this Section may be subject to
19denial, revocation, or suspension of the psychiatric
20rehabilitation services certification or the imposition of
21sanctions and penalties, including the immediate suspension of
22new admissions. Hearings shall be conducted pursuant to Part 7
23of Article III of this Act.
24    (f) The Department shall indicate on its list of licensed
25facilities which facilities are certified under this Section
26and shall distribute this list to the appropriate State

 

 

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1agencies charged with administering and implementing the
2State's program of pre-admission screening and resident
3review, hospital discharge planners, and others upon request.
4    (g) No public official, agent, or employee of the State, or
5any subcontractor of the State, may refer or arrange for the
6placement of a person with serious mental illness in a facility
7that is not certified under this Section. No public official,
8agent, or employee of the State, or any subcontractor of the
9State, may place the name of a facility on a list of facilities
10serving the seriously mentally ill for distribution to the
11general public or to professionals arranging for placements or
12making referrals unless the facility is certified under this
13Section.
14    (h) The Department shall establish requirements for
15certification that augment current quality of care standards
16for facilities serving residents with serious mental illness,
17which shall include admission, discharge planning, psychiatric
18rehabilitation services, development of age group appropriate
19treatment plan goals and services, behavior management
20services, coordination with community mental health services,
21staff qualifications and training, clinical consultation,
22resident access to the outside community, and appropriate
23environment and space for resident programs, recreation,
24privacy, and any other issue deemed appropriate by the
25Department. The augmented standards shall at a minimum include,
26but need not be limited to, the following:

 

 

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1        (1) Staff sufficient in number and qualifications
2    necessary to meet the scheduled and unscheduled needs of
3    the residents on a 24-hour basis. The Department shall
4    establish by rule the minimum number of psychiatric
5    services rehabilitation coordinators in relation to the
6    number of residents with serious mental illness residing in
7    the facility. When no psychiatric services rehabilitation
8    coordinator is in the facility, there shall be at least one
9    such person on call and available to respond to emergencies
10    in the facility.
11        (2) The number and qualifications of consultants
12    required to be contracted with to provide continuing
13    education and training and to assist with program
14    development.
15        (3) Training for all new employees specific to the care
16    needs of residents with a serious mental illness diagnosis
17    during their orientation period and annually thereafter.
18    Training shall be independent of the Department and
19    overseen by an agency designated by the Governor to
20    determine the content of all facility employee training and
21    to provide training for all trainers of facility employees.
22    Training of employees shall at minimum include, but need
23    not be limited to, (i) the impact of a serious mental
24    illness diagnosis, (ii) the recovery paradigm and the role
25    of psychiatric rehabilitation, (iii) preventive strategies
26    for managing aggression and crisis prevention, (iv) basic

 

 

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1    psychiatric rehabilitation techniques and service
2    delivery, (v) resident rights, (vi) abuse prevention,
3    (vii) appropriate interaction between staff and residents,
4    and (viii) any other topic deemed by the Department to be
5    important to ensuring quality of care.
6        (4) Quality assessment and improvement requirements
7    specific to a facility's residential psychiatric
8    rehabilitation services, which shall be made available to
9    the Department upon request. A facility shall be required
10    at a minimum to develop and maintain policies and
11    procedures that include, but need not be limited to,
12    evaluation of the appropriateness of resident admissions
13    based on the facility's capacity to meet specific needs,
14    resident assessments, development and implementation of
15    care plans, and discharge planning.
16        (5) Room selection and appropriateness of roommate
17    assignment, including the assignment of female residents
18    to female-only units or floors and, to the extent possible
19    (taking into account the availability of staff and staff
20    preference), the assignment of only female staff to work on
21    those floors or units.
22        (6) Comprehensive quarterly review of all treatment
23    plans for residents with serious mental illness by the
24    resident's interdisciplinary team, which takes into
25    account, at a minimum, the resident's progress, prior
26    assessments, and treatment plan.

 

 

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1        (7) Substance abuse screening and management and
2    documented referral relationships with certified substance
3    abuse treatment providers.
4        (8) Administration of psychotropic medications to a
5    non-objecting resident with serious mental illness who is
6    incapable of giving informed consent, in compliance with
7    the applicable provisions of the Mental Health and
8    Developmental Disabilities Code. Administration of
9    psychotropic medications to an objecting resident, only
10    with a court order authorizing such administration.
11    (i) The Department shall establish a certification fee
12schedule by rule, in consultation with advocates, nursing
13homes, and representatives of associations representing long
14term care facilities. Rules proposed under this Section shall
15take effect 180 days after being approved by the Joint
16Committee on Administrative Rules.
17(Source: P.A. 97-38, eff. 6-28-11.)
 
18    (210 ILCS 48/3-202.6 new)
19    Sec. 3-202.6. Liability insurance coverage required. No
20person may establish, operate, maintain, offer, or advertise a
21facility within this State without providing to the Department
22of Public Health proof of liability insurance coverage in an
23amount not less than $1,000,000 per occurrence. This
24requirement may not be waived. Failure to maintain such
25liability insurance coverage during the term of a facility's

 

 

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1license shall be a separate Type "B" violation for each
2resident of the facility for each month, or part of a month, in
3which the facility did not have the minimum required liability
4insurance.
 
5    (210 ILCS 48/3-206)
6    Sec. 3-206. Nursing assistants, habilitation aids, and
7child care aides. The Department shall prescribe a curriculum
8for training nursing assistants, habilitation aides, and child
9care aides.
10    (a) No person, except a volunteer who receives no
11compensation from a facility and is not included for the
12purpose of meeting any staffing requirements set forth by the
13Department, shall act as a nursing assistant, habilitation
14aide, or child care aide in a facility, nor shall any person,
15under any other title, not licensed, certified, or registered
16to render medical care by the Department of Professional
17Regulation, assist with the personal, medical, or nursing care
18of residents in a facility, unless such person meets the
19following requirements:
20        (1) Be at least 18 16 years of age, of temperate habits
21    and good moral character, honest, reliable, and
22    trustworthy.
23        (2) Be able to speak and understand the English
24    language or a language understood by a substantial
25    percentage of the facility's residents.

 

 

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1        (3) Provide evidence of employment or occupation, if
2    any, and residence for 2 years prior to his or her present
3    employment.
4        (4) Have completed at least 10 8 years of grade school
5    or provide proof of equivalent knowledge.
6        (5) Begin a current course of training for nursing
7    assistants, habilitation aides, or child care aides,
8    approved by the Department, within 45 days of initial
9    employment in the capacity of a nursing assistant,
10    habilitation aide, or child care aide at any facility. Such
11    courses of training shall be successfully completed within
12    120 days of initial employment in the capacity of nursing
13    assistant, habilitation aide, or child care aide at a
14    facility. Nursing assistants, habilitation aides, and
15    child care aides who are enrolled in approved courses in
16    community colleges or other educational institutions on a
17    term, semester, or trimester basis shall be exempt from the
18    120-day completion time limit. The Department shall adopt
19    rules for such courses of training. These rules shall
20    include procedures for facilities to carry on an approved
21    course of training within the facility.
22        The Department may accept comparable training in lieu
23    of the 120-hour course for student nurses, foreign nurses,
24    military personnel, or employes of the Department of Human
25    Services.
26        The facility shall develop and implement procedures

 

 

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1    and at least 6 hours of quarterly in-service training,
2    which shall be approved by the Department, for an ongoing
3    review process, which shall take place within the facility,
4    for nursing assistants, habilitation aides, and child care
5    aides. The facility shall retain records of all staff
6    in-service training and shall provide such records to the
7    Department upon request. At least half of each quarter of
8    in-service training shall be one-on-one direct resident
9    care demonstration and practice of patient care
10    techniques.
11        At the time of each regularly scheduled licensure
12    survey, or at the time of a complaint investigation, the
13    Department may require any nursing assistant, habilitation
14    aide, or child care aide to demonstrate, either through
15    written examination or action, or both, sufficient
16    knowledge in all areas of required training. If such
17    knowledge is inadequate, the Department shall require the
18    nursing assistant, habilitation aide, or child care aide to
19    complete inservice training and review in the facility
20    until the nursing assistant, habilitation aide, or child
21    care aide demonstrates to the Department, either through
22    written examination or action, or both, sufficient
23    knowledge in all areas of required training.
24        (6) Be familiar with and have general skills related to
25    resident care.
26    (a-0.5) An educational entity, other than a secondary

 

 

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1school, conducting a nursing assistant, habilitation aide, or
2child care aide training program shall initiate a criminal
3history record check in accordance with the Health Care Worker
4Background Check Act prior to entry of an individual into the
5training program. A secondary school may initiate a criminal
6history record check in accordance with the Health Care Worker
7Background Check Act at any time during or after a training
8program.
9    (a-1) Nursing assistants, habilitation aides, or child
10care aides seeking to be included on the registry maintained
11under Section 3-206.01 must authorize the Department of Public
12Health or its designee to request a criminal history record
13check in accordance with the Health Care Worker Background
14Check Act and submit all necessary information. An individual
15may not newly be included on the registry unless a criminal
16history record check has been conducted with respect to the
17individual.
18    (b) Persons subject to this Section shall perform their
19duties under the supervision of a licensed nurse.
20    (c) It is unlawful for any facility to employ any person in
21the capacity of nursing assistant, habilitation aide, or child
22care aide, or under any other title, not licensed by the State
23of Illinois to assist in the personal, medical, or nursing care
24of residents in such facility unless such person has complied
25with this Section.
26    (d) Proof of compliance by each employee with the

 

 

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1requirements set out in this Section shall be maintained for
2each such employee by each facility in the individual personnel
3folder of the employee. Proof of training shall be obtained
4only from the health care worker registry.
5    (e) Each facility shall obtain access to the health care
6worker registry's web application, maintain the employment and
7demographic information relating to each employee, and verify
8by the category and type of employment that each employee
9subject to this Section meets all the requirements of this
10Section.
11    (f) Any facility that is operated under Section 3-803 shall
12be exempt from the requirements of this Section.
13    (g) Each facility that admits persons who are diagnosed as
14having Alzheimer's disease or related dementias shall require
15all nursing assistants, habilitation aides, or child care
16aides, who did not receive 12 hours of training in the care and
17treatment of such residents during the training required under
18paragraph (5) of subsection (a), to obtain 12 hours of in-house
19training in the care and treatment of such residents. If the
20facility does not provide the training in-house, the training
21shall be obtained from other facilities, community colleges, or
22other educational institutions that have a recognized course
23for such training. The Department shall, by rule, establish a
24recognized course for such training. The Department's rules
25shall provide that such training may be conducted in-house at
26each facility subject to the requirements of this subsection,

 

 

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1in which case such training shall be monitored by the
2Department.
3    The Department's rules shall also provide for
4circumstances and procedures whereby any person who has
5received training that meets the requirements of this
6subsection shall not be required to undergo additional training
7if he or she is transferred to or obtains employment at a
8different facility or a facility other than a long-term care
9facility but remains continuously employed for pay as a nursing
10assistant, habilitation aide, or child care aide. Individuals
11who have performed no nursing or nursing-related services for a
12period of 24 consecutive months shall be listed as "inactive"
13and, as such, do not meet the requirements of this Section.
14Licensed sheltered care facilities shall be exempt from the
15requirements of this Section.
16(Source: P.A. 97-38, eff. 6-28-11.)
 
17    (210 ILCS 48/3-206.06 new)
18    Sec. 3-206.06. Dementia-specific orientation.
19    (a) A facility that admits or retains persons with
20Alzheimer's disease or other dementias shall give all staff who
21have any direct contact with these residents at least 4 hours
22of dementia-specific orientation within their first 7 days of
23employment. Nurses, nursing assistants, and social service and
24activities staff who work with these residents shall, within
25their first 45 days of employment, receive a minimum of 12

 

 

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1additional hours of orientation specifically related to the
2care of persons with Alzheimer's disease and other dementias.
3All staff who have any direct contact with these residents
4shall have at least 12 hours of dementia-specific education and
5training annually thereafter.
6    (b) The Department shall specify the content of the
7orientation and the annual education and training.
 
8    (210 ILCS 48/3-207)
9    Sec. 3-207. Statement of ownership.    
10    (a) As a condition of the issuance or renewal of the
11license of any facility, the applicant shall file a statement
12of ownership. The applicant shall update the information
13required in the statement of ownership within 10 days of any
14change.
15    (b) The statement of ownership shall include the following:
16        (1) The name, address, telephone number, occupation or
17    business activity, business address and business telephone
18    number of the person who is the owner of the facility and
19    every person who owns the building in which the facility is
20    located, if other than the owner of the facility, which is
21    the subject of the application or license; and if the owner
22    is a partnership or corporation, the name of every partner
23    and stockholder of the owner;
24        (2) The name and address of any facility, whereever
25    located, any financial interest in which is owned by the

 

 

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1    applicant, if the facility were required to be licensed if
2    it were located in this State;
3        (3) Other information necessary to determine the
4    identity and qualifications of an applicant or licensee to
5    operate a facility in accordance with this Act as required
6    by the Department in regulations.
7    (c) The information in the statement of ownership shall be
8public information and shall be available from the Department.
9    (d) A facility which is owned by a chain organization as
10defined by the Centers for Medicare and Medicaid Services shall
11submit annually to the Department an electronic copy of the
12Home Office Cost Statement required to be submitted by the home
13office of the chain to the United States Department of Health
14and Human Services. The facility shall send the cost statement
15in electronic form to the Department forthwith after it submits
16the statement to the Department of Health and Human Services.
17Each week that a facility fails to comply with the requirements
18of this subsection shall be cited as a separate administrative
19warning.
20(Source: P.A. 97-38, eff. 6-28-11.)
 
21    (210 ILCS 48/3-304.1)
22    Sec. 3-304.1. Public computer access to information.
23    (a) The Department must make information regarding nursing
24homes in the State available to the public in electronic form
25on the World Wide Web, including all of the following

 

 

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1information:
2        (1) who regulates facilities licensed under this Act;
3        (2) information in the possession of the Department
4    that is listed in Sections 3-210 and 3-304;
5        (3) deficiencies and plans of correction;
6        (4) enforcement remedies;
7        (5) penalty letters;
8        (6) designation of penalty monies;
9        (7) the U.S. Department of Health and Human Services'
10    special projects or federally required inspections;
11        (8) advisory standards;
12        (9) deficiency free surveys;
13        (10) enforcement actions and enforcement summaries;
14    and
15        (11) distressed facilities; .
16        (12) a link to the most recent facility cost report
17    filed with the Department of Healthcare and Family
18    Services;
19        (13) a link to the most recent Consumer Choice
20    Information Report filed with the Department on Aging;
21        (14) whether the facility is part of a chain; the
22    facility shall be deemed part of a chain if it meets
23    criteria established by the United States Department of
24    Health and Human Services that identify it as owned by a
25    chain organization; and
26        (15) a copy of the latest Home Office Cost Statement,

 

 

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1    if any, filed by the home office of the owner of the
2    facility with the United States Department of Health and
3    Human Services.
4    (b) No fee or other charge may be imposed by the Department
5as a condition of accessing the information.
6    (c) The electronic public access provided through the World
7Wide Web shall be in addition to any other electronic or print
8distribution of the information.
9    (d) The information shall be made available as provided in
10this Section in the shortest practicable time after it is
11publicly available in any other form.
12    (e) The Department shall cooperate with a tax-exempt,
13not-for-profit organization dedicated solely to advocacy for
14long-term care residents to make available in electronic form
15the results of all surveys, including any enforcement actions,
16and current information about individual nursing home
17staffing, in the shortest practicable time after they become
18publicly available. The data shall be provided without charge,
19so long as the organization charges no fee for sharing the
20information with the general public. If the organization makes
21the data available on a website, the Department shall create a
22link to the website on the Department's website.
23(Source: P.A. 97-38, eff. 6-28-11.)
 
24    (210 ILCS 48/3-808.5)
25    Sec. 3-808.5. Nursing home fraud, abuse, and neglect

 

 

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1prevention and reporting.
2    (a) Every licensed long-term care facility that receives
3Medicaid funding shall prominently display in its lobby, in its
4dining areas, and on each floor of the facility information
5approved by the Illinois Medicaid Fraud Control Unit on how to
6report fraud, abuse, and neglect. In addition, information
7regarding the reporting of fraud, abuse, and neglect shall be
8provided to each resident at the time of admission and to the
9resident's family members or emergency contacts, or to both the
10resident's family members and his or her emergency contacts.
11    (b) Any owner or licensee of a long-term care facility
12licensed under this Act shall be responsible for the collection
13and maintenance of any and all records required to be
14maintained under this Section and any other applicable
15provisions of this Act, and as a provider under the Illinois
16Public Aid Code, and shall be responsible for compliance with
17all of the disclosure requirements under this Section. All
18books and records and other papers and documents that are
19required to be kept, and all records showing compliance with
20all of the disclosure requirements to be made pursuant to this
21Section, shall be kept at the facility and shall, at all times
22during business hours, be subject to inspection by any law
23enforcement or health oversight agency or its duly authorized
24agents or employees.
25    (c) Any report of abuse and neglect of residents made by
26any individual in whatever manner, including, but not limited

 

 

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1to, reports made under Sections 2-107 and 3-610 of this Act, or
2as provided under the Abused and Neglected Long Term Care
3Facility Residents Reporting Act, that is made to an
4administrator, a director of nursing, or any other person with
5management responsibility at a long-term care facility must be
6disclosed to the owners and licensee of the facility within 24
7hours of the report. The owners and licensee of a long-term
8care facility shall maintain all records necessary to show
9compliance with this disclosure requirement.
10    (d) Any person with an ownership interest in a long-term
11care facility licensed by the Department must, within 30 days
12of the effective date of this Act, disclose the existence of
13any ownership interest in any vendor who does business with the
14facility. The disclosures required by this subsection shall be
15made in the form and manner prescribed by the Department.
16Licensed long-term care facilities who receive Medicaid
17funding shall submit a copy of the disclosures required by this
18subsection to the Illinois Medicaid Fraud Control Unit. The
19owners and licensee of a long-term care facility shall maintain
20all records necessary to show compliance with this disclosure
21requirement.
22    (e) Notwithstanding the provisions of Section 3-318 of this
23Act, and in addition thereto, any person, owner, or licensee
24who willfully fails to keep and maintain, or willfully fails to
25produce for inspection, books and records, or willfully fails
26to make the disclosures required by this Section, is guilty of

 

 

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1a Class A misdemeanor. A second or subsequent violation of this
2Section shall be punishable as a Class 4 felony.
3    (f) Any owner or licensee who willfully files or willfully
4causes to be filed a document with false information with the
5Department, the Department of Healthcare and Family Services,
6or the Illinois Medicaid Fraud Control Unit or any other law
7enforcement agency, is guilty of a Class A misdemeanor.
8    (g) At the request of the Department of State Police, a
9facility shall cooperate with that agency in arranging for the
10Department of State Police to train facility staff on
11preventing resident abuse and neglect.
12(Source: P.A. 97-38, eff. 6-28-11.)
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.36 as follows:
 
15    (30 ILCS 805/8.36 new)
16    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by this amendatory Act of
19the 97th General Assembly.".