99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3213

 

Introduced , by Rep. Randy Frese

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of Veterans Affairs Act. Deletes language providing that the head of the Division of Women Veterans Affairs shall serve as an Assistant Director of Veterans' Affairs. Makes changes in the provision concerning the Department's powers and duties. Provides that a veteran or spouse, once admitted to an Illinois Veterans Home facility, is considered a resident for interfacility purposes. Provides that the Director of Veterans' Affairs may authorize a Veterans Home to conduct limited fundraising in accordance with applicable laws and regulations for which the sole purpose is to benefit the Veteran Home's member's benefits fund. Reduces the number of reports that the Department is to give to the General Assembly each year concerning veterans' homes from 2 to one each year. Permits the Department to operate cemeteries at the Manteno Veterans Home and the Quincy Veterans Home for interment of veterans or their spouses as identified by the Department. Amends the Nursing Home Care Act. Provides that before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by the Department of Public Health, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. Sets forth provisions concerning applications and departmental review, inspections, and emergency repairs. Provides that for facilities operated by the Department of Veterans' Affairs, certain deadlines for correction of violations are subject to adherence to applicable State procurement laws and the availability of appropriations for the specific purpose. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3213LRB099 09058 KTG 29247 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Veterans Affairs Act is
5amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 3
6and adding Section 2.12 as follows:
 
7    (20 ILCS 2805/1.2)
8    Sec. 1.2. Division of Women Veterans Affairs. Subject to
9appropriations for this purpose, the Division of Women Veterans
10Affairs is created as a Division within the Department. The
11head of the Division shall serve as an Assistant Director of
12Veterans' Affairs. The Division shall serve as an advocate for
13women veterans, in recognition of the unique issues facing
14women veterans. The Division shall assess the needs of women
15veterans with respect to issues including, but not limited to,
16compensation, rehabilitation, outreach, health care, and
17issues facing women veterans in the community. The Division
18shall review the Department's programs, activities, research
19projects, and other initiatives designed to meet the needs of
20women veterans and shall make recommendations to the Director
21of Veterans' Affairs concerning ways to improve, modify, and
22effect change in programs and services for women veterans.
23(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)
 

 

 

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1    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
2    Sec. 2. Powers and duties. The Department shall have the
3following powers and duties:
4    To perform such acts at the request of any veteran, or his
5or her spouse, surviving spouse or dependents as shall be
6reasonably necessary or reasonably incident to obtaining or
7endeavoring to obtain for the requester any advantage, benefit
8or emolument accruing or due to such person under any law of
9the United States, the State of Illinois or any other state or
10governmental agency by reason of the service of such veteran,
11and in pursuance thereof shall:
12        (1) Contact veterans, their survivors and dependents
13    and advise them of the benefits of state and federal laws
14    and assist them in obtaining such benefits;
15        (2) Establish field offices and direct the activities
16    of the personnel assigned to such offices;
17        (3) Create and maintain a volunteer field force. The
18    volunteer field force may include representatives from the
19    following without limitation: of accredited
20    representatives, representing educational institutions,
21    labor organizations, veterans organizations, employers,
22    churches, and farm organizations;
23        (4) Conduct informational and training services;
24        (5) Conduct educational programs through newspapers,
25    periodicals, social media, television, and radio for the

 

 

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1    specific purpose of disseminating information affecting
2    veterans and their dependents;
3        (6) Coordinate the services and activities of all state
4    departments having services and resources affecting
5    veterans and their dependents;
6        (7) Encourage and assist in the coordination of
7    agencies within counties giving service to veterans and
8    their dependents;
9        (8) Cooperate with veterans organizations and other
10    governmental agencies;
11        (9) Make, alter, amend and promulgate reasonable rules
12    and procedures for the administration of this Act;
13        (10) Make and publish annual reports to the Governor
14    regarding the administration and general operation of the
15    Department;
16        (11) (Blank); and
17        (12) (Blank).
18    The Department may accept and hold on behalf of the State,
19if for the public interest, a grant, gift, devise or bequest of
20money or property to the Department made for the general
21benefit of Illinois veterans, including the conduct of
22informational and training services by the Department and other
23authorized purposes of the Department. The Department shall
24cause each grant, gift, devise or bequest to be kept as a
25distinct fund and shall invest such funds in the manner
26provided by the Public Funds Investment Act, as now or

 

 

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1hereafter amended, and shall make such reports as may be
2required by the Comptroller concerning what funds are so held
3and the manner in which such funds are invested. The Department
4may make grants from these funds for the general benefit of
5Illinois veterans. Grants from these funds, except for the
6funds established under Sections 2.01a and 2.03, shall be
7subject to appropriation.
8    The Department has the power to make grants, from funds
9appropriated from the Korean War Veterans National Museum and
10Library Fund, to private organizations for the benefit of the
11Korean War Veterans National Museum and Library.
12    The Department has the power to make grants, from funds
13appropriated from the Illinois Military Family Relief Fund, for
14benefits authorized under the Survivors Compensation Act.
15(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
 
16    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
17    Sec. 2.01. Veterans Home admissions.
18    (a) Any honorably discharged veteran is entitled to
19admission to an Illinois Veterans Home if the applicant meets
20the requirements of this Section.
21    (b) The veteran must:
22        (1) have served in the armed forces of the United
23    States at least 1 day in World War II, the Korean Conflict,
24    the Viet Nam Campaign, or the Persian Gulf Conflict between
25    the dates recognized by the U.S. Department of Veterans

 

 

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1    Affairs or between any other present or future dates
2    recognized by the U.S. Department of Veterans Affairs as a
3    war period, or have served in a hostile fire environment
4    and has been awarded a campaign or expeditionary medal
5    signifying his or her service, for purposes of eligibility
6    for domiciliary or nursing home care;
7        (2) have served and been honorably discharged or
8    retired from the armed forces of the United States for a
9    service connected disability or injury, for purposes of
10    eligibility for domiciliary or nursing home care;
11        (3) have served as an enlisted person at least 90 days
12    on active duty in the armed forces of the United States,
13    excluding service on active duty for training purposes
14    only, and entered active duty before September 8, 1980, for
15    purposes of eligibility for domiciliary or nursing home
16    care;
17        (4) have served as an officer at least 90 days on
18    active duty in the armed forces of the United States,
19    excluding service on active duty for training purposes
20    only, and entered active duty before October 17, 1981, for
21    purposes of eligibility for domiciliary or nursing home
22    care;
23        (5) have served on active duty in the armed forces of
24    the United States for 24 months of continuous service or
25    more, excluding active duty for training purposes only, and
26    enlisted after September 7, 1980, for purposes of

 

 

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1    eligibility for domiciliary or nursing home care;
2        (6) have served as a reservist in the armed forces of
3    the United States or the National Guard and the service
4    included being called to federal active duty, excluding
5    service on active duty for training purposes only, and who
6    completed the term, for purposes of eligibility for
7    domiciliary or nursing home care;
8        (7) have been discharged for reasons of hardship or
9    released from active duty due to a reduction in the United
10    States armed forces prior to the completion of the required
11    period of service, regardless of the actual time served,
12    for purposes of eligibility for domiciliary or nursing home
13    care; or
14        (8) have served in the National Guard or Reserve Forces
15    of the United States and completed 20 years of satisfactory
16    service, be otherwise eligible to receive reserve or active
17    duty retirement benefits, and have been an Illinois
18    resident for at least one year before applying for
19    admission for purposes of eligibility for domiciliary care
20    only.
21    (c) The veteran must have service accredited to the State
22of Illinois or have been a resident of this State for one year
23immediately preceding the date of application.
24    (d) For admission to the Illinois Veterans Homes at Anna
25and Quincy, the veteran must be disabled by disease, wounds, or
26otherwise and because of the disability be incapable of earning

 

 

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1a living.
2    (e) For admission to the Illinois Veterans Homes at LaSalle
3and Manteno, the veteran must be disabled by disease, wounds,
4or otherwise and, for purposes of eligibility for nursing home
5care, require nursing care because of the disability.
6    (f) An individual who served during a time of conflict as
7set forth in subsection (a)(1) of this Section has preference
8over all other qualifying candidates, for purposes of
9eligibility for domiciliary or nursing home care at any
10Illinois Veterans Home.
11    (g) A veteran or spouse, once admitted to an Illinois
12Veterans Home facility, is considered a resident for
13interfacility purposes.
14(Source: P.A. 97-297, eff. 1-1-12.)
 
15    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
16    Sec. 2.04. There shall be established in the State Treasury
17special funds known as (i) the LaSalle Veterans Home Fund, (ii)
18the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
19Fund, and (iv) the Quincy Veterans Home Fund. All moneys
20received by an Illinois Veterans Home from Medicare and from
21maintenance charges to veterans, spouses, and surviving
22spouses residing at that Home shall be paid into that Home's
23Fund. All moneys received from the U.S. Department of Veterans
24Affairs for patient care shall be transmitted to the Treasurer
25of the State for deposit in the Veterans Home Fund for the Home

 

 

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1in which the veteran resides. Appropriations shall be made from
2a Fund only for the needs of the Home, including capital
3improvements, building rehabilitation, and repairs.
4    The administrator of each Veterans Home shall establish a
5locally-held member's benefits fund. The Director may
6authorize the Veterans Home to conduct limited fundraising in
7accordance with applicable laws and regulations for which the
8sole purpose is to benefit the Veterans Home's member's
9benefits fund. Revenues accruing to an Illinois Veterans Home,
10including any donations, grants for the operation of the Home,
11profits from commissary stores, and funds received from any
12individual or other source, including limited fundraising,
13shall be deposited into that Home's benefits fund. Expenditures
14from the benefits funds shall be solely for the special
15comfort, pleasure, and amusement of residents. Contributors of
16unsolicited private donations may specify the purpose for which
17the private donations are to be used.
18    Upon request of the Department, the State's Attorney of the
19county in which a resident or living former resident of an
20Illinois Veterans Home who is liable under this Act for payment
21of sums representing maintenance charges resides shall file an
22action in a court of competent jurisdiction against any such
23person who fails or refuses to pay such sums. The court may
24order the payment of sums due to maintenance charges for such
25period or periods of time as the circumstances require.
26    Upon the death of a person who is or has been a resident of

 

 

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1an Illinois Veterans Home who is liable for maintenance charges
2and who is possessed of property, the Department may present a
3claim for such sum or for the balance due in case less than the
4rate prescribed under this Act has been paid. The claim shall
5be allowed and paid as other lawful claims against the estate.
6    The administrator of each Veterans Home shall establish a
7locally-held trust fund to maintain moneys held for residents.
8Whenever the Department finds it necessary to preserve order,
9preserve health, or enforce discipline, the resident shall
10deposit in a trust account at the Home such monies from any
11source of income as may be determined necessary, and
12disbursement of these funds to the resident shall be made only
13by direction of the administrator.
14    If a resident of an Illinois Veterans Home has a dependent
15child, spouse, or parent the administrator may require that all
16monies received be deposited in a trust account with dependency
17contributions being made at the direction of the administrator.
18The balance retained in the trust account shall be disbursed to
19the resident at the time of discharge from the Home or to his
20or her heirs or legal representative at the time of the
21resident's death, subject to Department regulations or order of
22the court.
23    The Director of Central Management Services, with the
24consent of the Director of Veterans' Affairs, is authorized and
25empowered to lease or let any real property held by the
26Department of Veterans' Affairs for an Illinois Veterans Home

 

 

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1to entities or persons upon terms and conditions which are
2considered to be in the best interest of that Home. The real
3property must not be needed for any direct or immediate purpose
4of the Home. In any leasing or letting, primary consideration
5shall be given to the use of real property for agricultural
6purposes, and all moneys received shall be transmitted to the
7Treasurer of the State for deposit in the appropriate Veterans
8Home Fund.
9(Source: P.A. 97-297, eff. 1-1-12.)
 
10    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
11    Sec. 2.07. The Department shall employ and maintain
12sufficient and qualified staff at the veterans' homes (i) to
13fill all beds, subject to appropriation, and (ii) to fulfill
14the requirements of this Act. The Department shall report to
15the General Assembly, by January 1 and July 1 of each year, the
16number of staff employed in providing direct patient care at
17their veterans' homes, the compliance or noncompliance with
18staffing standards established by the United States Department
19of Veterans Affairs for such care, and in the event of
20noncompliance with such standards, the number of staff required
21for compliance. For purposes of this Section, a nurse who has a
22license application pending with the State shall not be deemed
23unqualified by the Department if the nurse is in compliance
24with Section 50-15 of the Nurse Practice Act.
25(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
 

 

 

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1    (20 ILCS 2805/2.12 new)
2    Sec. 2.12. Cemeteries. The Department may operate
3cemeteries at the Manteno Veterans Home and the Quincy Veterans
4Home for interment of veterans or their spouses as identified
5by the Department.
 
6    (20 ILCS 2805/3)  (from Ch. 126 1/2, par. 68)
7    Sec. 3. The Department shall:
8    1. establish Establish an administrative office in
9Springfield and a branch thereof in Chicago;
10    2. establish Establish such field offices as it shall find
11necessary to enable it to perform its duties; and
12    3. maintain Cause to be maintained, at its various offices,
13case files containing records of services rendered to each
14applicant, service progress cards, and a follow-up system to
15facilitate the completion of each request.
16(Source: P.A. 79-376.)
 
17    Section 10. The Nursing Home Care Act is amended by
18changing Sections 2-201.5, 3-101.5, and 3-303 and adding
19Section 3-202.6 as follows:
 
20    (210 ILCS 45/2-201.5)
21    Sec. 2-201.5. Screening prior to admission.
22    (a) All persons age 18 or older seeking admission to a

 

 

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1nursing facility must be screened to determine the need for
2nursing facility services prior to being admitted, regardless
3of income, assets, or funding source. Screening for nursing
4facility services shall be administered through procedures
5established by administrative rule. Screening may be done by
6agencies other than the Department as established by
7administrative rule. This Section applies on and after July 1,
81996. No later than October 1, 2010, the Department of
9Healthcare and Family Services, in collaboration with the
10Department on Aging, the Department of Human Services, and the
11Department of Public Health, shall file administrative rules
12providing for the gathering, during the screening process, of
13information relevant to determining each person's potential
14for placing other residents, employees, and visitors at risk of
15harm.
16    (a-1) Any screening performed pursuant to subsection (a) of
17this Section shall include a determination of whether any
18person is being considered for admission to a nursing facility
19due to a need for mental health services. For a person who
20needs mental health services, the screening shall also include
21an evaluation of whether there is permanent supportive housing,
22or an array of community mental health services, including but
23not limited to supported housing, assertive community
24treatment, and peer support services, that would enable the
25person to live in the community. The person shall be told about
26the existence of any such services that would enable the person

 

 

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1to live safely and humanely and about available appropriate
2nursing home services that would enable the person to live
3safely and humanely, and the person shall be given the
4assistance necessary to avail himself or herself of any
5available services.
6    (a-2) Pre-screening for persons with a serious mental
7illness shall be performed by a psychiatrist, a psychologist, a
8registered nurse certified in psychiatric nursing, a licensed
9clinical professional counselor, or a licensed clinical social
10worker, who is competent to (i) perform a clinical assessment
11of the individual, (ii) certify a diagnosis, (iii) make a
12determination about the individual's current need for
13treatment, including substance abuse treatment, and recommend
14specific treatment, and (iv) determine whether a facility or a
15community-based program is able to meet the needs of the
16individual.
17    For any person entering a nursing facility, the
18pre-screening agent shall make specific recommendations about
19what care and services the individual needs to receive,
20beginning at admission, to attain or maintain the individual's
21highest level of independent functioning and to live in the
22most integrated setting appropriate for his or her physical and
23personal care and developmental and mental health needs. These
24recommendations shall be revised as appropriate by the
25pre-screening or re-screening agent based on the results of
26resident review and in response to changes in the resident's

 

 

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1wishes, needs, and interest in transition.
2    Upon the person entering the nursing facility, the
3Department of Human Services or its designee shall assist the
4person in establishing a relationship with a community mental
5health agency or other appropriate agencies in order to (i)
6promote the person's transition to independent living and (ii)
7support the person's progress in meeting individual goals.
8    (a-3) The Department of Human Services, by rule, shall
9provide for a prohibition on conflicts of interest for
10pre-admission screeners. The rule shall provide for waiver of
11those conflicts by the Department of Human Services if the
12Department of Human Services determines that a scarcity of
13qualified pre-admission screeners exists in a given community
14and that, absent a waiver of conflicts, an insufficient number
15of pre-admission screeners would be available. If a conflict is
16waived, the pre-admission screener shall disclose the conflict
17of interest to the screened individual in the manner provided
18for by rule of the Department of Human Services. For the
19purposes of this subsection, a "conflict of interest" includes,
20but is not limited to, the existence of a professional or
21financial relationship between (i) a PAS-MH corporate or a
22PAS-MH agent and (ii) a community provider or long-term care
23facility.
24    (b) In addition to the screening required by subsection
25(a), a facility, except for those licensed as long term care
26for under age 22 facilities, shall, within 24 hours after

 

 

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1admission, request a criminal history background check
2pursuant to the Uniform Conviction Information Act for all
3persons age 18 or older seeking admission to the facility,
4unless a background check was initiated by a hospital pursuant
5to subsection (d) of Section 6.09 of the Hospital Licensing Act
6or a pre-admission background check was conducted by the
7Department of Veterans' Affairs 30 days prior to admittance
8into an Illinois Veterans Home. Background checks conducted
9pursuant to this Section shall be based on the resident's name,
10date of birth, and other identifiers as required by the
11Department of State Police. If the results of the background
12check are inconclusive, the facility shall initiate a
13fingerprint-based check, unless the fingerprint check is
14waived by the Director of Public Health based on verification
15by the facility that the resident is completely immobile or
16that the resident meets other criteria related to the
17resident's health or lack of potential risk which may be
18established by Departmental rule. A waiver issued pursuant to
19this Section shall be valid only while the resident is immobile
20or while the criteria supporting the waiver exist. The facility
21shall provide for or arrange for any required fingerprint-based
22checks to be taken on the premises of the facility. If a
23fingerprint-based check is required, the facility shall
24arrange for it to be conducted in a manner that is respectful
25of the resident's dignity and that minimizes any emotional or
26physical hardship to the resident.

 

 

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1    (c) If the results of a resident's criminal history
2background check reveal that the resident is an identified
3offender as defined in Section 1-114.01, the facility shall do
4the following:
5        (1) Immediately notify the Department of State Police,
6    in the form and manner required by the Department of State
7    Police, in collaboration with the Department of Public
8    Health, that the resident is an identified offender.
9        (2) Within 72 hours, arrange for a fingerprint-based
10    criminal history record inquiry to be requested on the
11    identified offender resident. The inquiry shall be based on
12    the subject's name, sex, race, date of birth, fingerprint
13    images, and other identifiers required by the Department of
14    State Police. The inquiry shall be processed through the
15    files of the Department of State Police and the Federal
16    Bureau of Investigation to locate any criminal history
17    record information that may exist regarding the subject.
18    The Federal Bureau of Investigation shall furnish to the
19    Department of State Police, pursuant to an inquiry under
20    this paragraph (2), any criminal history record
21    information contained in its files.
22    The facility shall comply with all applicable provisions
23contained in the Uniform Conviction Information Act.
24    All name-based and fingerprint-based criminal history
25record inquiries shall be submitted to the Department of State
26Police electronically in the form and manner prescribed by the

 

 

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1Department of State Police. The Department of State Police may
2charge the facility a fee for processing name-based and
3fingerprint-based criminal history record inquiries. The fee
4shall be deposited into the State Police Services Fund. The fee
5shall not exceed the actual cost of processing the inquiry.
6    (d) (Blank).
7    (e) The Department shall develop and maintain a
8de-identified database of residents who have injured facility
9staff, facility visitors, or other residents, and the attendant
10circumstances, solely for the purposes of evaluating and
11improving resident pre-screening and assessment procedures
12(including the Criminal History Report prepared under Section
132-201.6) and the adequacy of Department requirements
14concerning the provision of care and services to residents. A
15resident shall not be listed in the database until a Department
16survey confirms the accuracy of the listing. The names of
17persons listed in the database and information that would allow
18them to be individually identified shall not be made public.
19Neither the Department nor any other agency of State government
20may use information in the database to take any action against
21any individual, licensee, or other entity, unless the
22Department or agency receives the information independent of
23this subsection (e). All information collected, maintained, or
24developed under the authority of this subsection (e) for the
25purposes of the database maintained under this subsection (e)
26shall be treated in the same manner as information that is

 

 

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1subject to Part 21 of Article VIII of the Code of Civil
2Procedure.
3(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
 
4    (210 ILCS 45/3-101.5)
5    Sec. 3-101.5. Illinois Veterans Homes. An Illinois
6Veterans Home licensed under this Act and operated by the
7Illinois Department of Veterans' Affairs is exempt from the
8license fee provisions of Section 3-103 of this Act and the
9provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
103-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517, and
113-603 through 3-607 of this Act. A monitor or receiver shall be
12placed in an Illinois Veterans Home only by court order or by
13agreement between the Director of Public Health, the Director
14of Veterans' Affairs, and the Secretary of the United States
15Department of Veterans Affairs.
16(Source: P.A. 96-703, eff. 8-25-09.)
 
17    (210 ILCS 45/3-202.6 new)
18    Sec. 3-202.6. Department of Veterans' Affairs facility
19plan review.
20    (a) Before commencing construction of a new facility or
21specified types of alteration or additions to an existing
22long-term care facility involving major construction, as
23defined by rule by the Department, with an estimated cost
24greater than $100,000, architectural drawings and

 

 

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1specifications for the facility shall be submitted to the
2Department for review. A facility may submit architectural
3drawings and specifications for other construction projects
4for Department review according to subsection (b) of this
5Section that shall not be subject to fees under subsection (d)
6of this Section. Review of drawings and specifications shall be
7conducted by an employee of the Department meeting the
8qualifications established by the Department of Central
9Management Services class specifications for such an
10individual's position or by a person contracting with the
11Department who meets those class specifications.
12    (b) The Department shall inform an applicant in writing
13within 10 working days after receiving drawings and
14specifications from the applicant whether the applicant's
15submission is complete or incomplete. Failure to provide the
16applicant with this notice within 10 working days after
17receiving drawings and specifications from the applicant shall
18result in the submission being deemed complete for purposes of
19initiating the 60-day review period under this Section. If the
20submission is incomplete, the Department shall inform the
21applicant of the deficiencies with the submission in writing.
22If the submission is complete, the Department shall approve or
23disapprove drawings and specifications submitted to the
24Department no later than 60 days following receipt by the
25Department. The drawings and specifications shall be of
26sufficient detail, as provided by Department rule, to enable

 

 

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1the Department to render a determination of compliance with
2design and construction standards under this Act. If the
3Department finds that the drawings are not of sufficient detail
4for it to render a determination of compliance, the plans shall
5be determined to be incomplete and shall not be considered for
6purposes of initiating the 60-day review period. If a
7submission of drawings and specifications is incomplete, the
8applicant may submit additional information. The 60-day review
9period shall not commence until the Department determines that
10a submission of drawings and specifications is complete or the
11submission is deemed complete. If the Department has not
12approved or disapproved the drawings and specifications within
1360 days after receipt by the Department, the construction,
14major alteration, or addition shall be deemed approved. If the
15drawings and specifications are disapproved, the Department
16shall state in writing, with specificity, the reasons for the
17disapproval. The entity submitting the drawings and
18specifications may submit additional information in response
19to the written comments from the Department or request a
20reconsideration of the disapproval. A final decision of
21approval or disapproval shall be made within 45 days after the
22receipt of the additional information or reconsideration
23request. If denied, the Department shall state the specific
24reasons for the denial.
25    (c) The Department shall provide written approval for
26occupancy pursuant to subsection (e) of this Section and shall

 

 

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1not issue a violation to a facility as a result of a licensure
2or complaint survey based upon the facility's physical
3structure if:
4        (1) the Department reviewed and approved or is deemed
5    to have approved the drawings and specifications for
6    compliance with design and construction standards;
7        (2) the construction, major alteration, or addition
8    was built as submitted;
9        (3) the law or rules have not been amended since the
10    original approval; and
11        (4) the conditions at the facility indicate that there
12    is a reasonable degree of safety provided for the
13    residents.
14    (d) The Department shall not charge a fee in connection
15with its reviews to the Department of Veterans' Affairs.
16    (e) The Department shall conduct an on-site inspection of
17the completed project no later than 30 days after notification
18from the applicant that the project has been completed and all
19certifications required by the Department have been received
20and accepted by the Department. The Department shall provide
21written approval for occupancy to the applicant within 5
22working days after the Department's final inspection, provided
23the applicant has demonstrated substantial compliance as
24defined by Department rule. Occupancy of new major construction
25is prohibited until Department approval is received, unless the
26Department has not acted within the time frames provided in

 

 

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1this subsection (e), in which case the construction shall be
2deemed approved. Occupancy shall be authorized after any
3required health inspection by the Department has been
4conducted.
5    (f) The Department shall establish, by rule, a procedure to
6conduct interim on-site review of large or complex construction
7projects.
8    (g) The Department shall establish, by rule, an expedited
9process for emergency repairs or replacement of like equipment.
10    (h) Nothing in this Section shall be construed to apply to
11maintenance, upkeep, or renovation that does not affect the
12structural integrity of the building, does not add beds or
13services over the number for which the long-term care facility
14is licensed, and provides a reasonable degree of safety for the
15residents.
 
16    (210 ILCS 45/3-303)  (from Ch. 111 1/2, par. 4153-303)
17    Sec. 3-303. (a) The situation, condition or practice
18constituting a Type "AA" violation or a Type "A" violation
19shall be abated or eliminated immediately unless a fixed period
20of time, not exceeding 15 days, as determined by the Department
21and specified in the notice of violation, is required for
22correction.
23    (b) At the time of issuance of a notice of a Type "B"
24violation, the Department shall request a plan of correction
25which is subject to the Department's approval. The facility

 

 

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1shall have 10 days after receipt of notice of violation in
2which to prepare and submit a plan of correction. The
3Department may extend this period up to 30 days where
4correction involves substantial capital improvement. The plan
5shall include a fixed time period not in excess of 90 days
6within which violations are to be corrected. If the Department
7rejects a plan of correction, it shall send notice of the
8rejection and the reason for the rejection to the facility. The
9facility shall have 10 days after receipt of the notice of
10rejection in which to submit a modified plan. If the modified
11plan is not timely submitted, or if the modified plan is
12rejected, the facility shall follow an approved plan of
13correction imposed by the Department.
14    (c) If the violation has been corrected prior to submission
15and approval of a plan of correction, the facility may submit a
16report of correction in place of a plan of correction. Such
17report shall be signed by the administrator under oath.
18    (d) Upon a licensee's petition, the Department shall
19determine whether to grant a licensee's request for an extended
20correction time. Such petition shall be served on the
21Department prior to expiration of the correction time
22originally approved. The burden of proof is on the petitioning
23facility to show good cause for not being able to comply with
24the original correction time approved.
25    (e) If a facility desires to contest any Department action
26under this Section it shall send a written request for a

 

 

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1hearing under Section 3-703 to the Department within 10 days of
2receipt of notice of the contested action. The Department shall
3commence the hearing as provided under Section 3-703. Whenever
4possible, all action of the Department under this Section
5arising out of a violation shall be contested and determined at
6a single hearing. Issues decided after a hearing may not be
7reheard at subsequent hearings under this Section.
8    (f) For facilities operated by the Department of Veterans'
9Affairs, all deadlines contained in this Section for correction
10of violations are subject to adherence to applicable provisions
11of State procurement law and the availability of appropriations
12for the specific purpose.
13(Source: P.A. 96-1372, eff. 7-29-10.)
 
14    Section 15. The Veterans and Servicemembers Court
15Treatment Act is amended by changing Sections 10 and 25 as
16follows:
 
17    (730 ILCS 167/10)
18    Sec. 10. Definitions. In this Act:
19    "Combination Veterans and Servicemembers Court program"
20means a court program that includes a pre-adjudicatory and a
21post-adjudicatory Veterans and Servicemembers court program.
22    "Court" means Veterans and Servicemembers Court.
23    "IDVA" means the Illinois Department of Veterans' Affairs.
24    "Peer recovery coach" means a volunteer veteran mentor

 

 

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1assigned to a veteran or servicemember during participation in
2a veteran treatment court program who has been trained and
3certified by the court to guide and mentor the participant to
4successfully complete the assigned requirements.
5    "Post-adjudicatory Veterans and Servicemembers Court
6Program" means a program in which the defendant has admitted
7guilt or has been found guilty and agrees, along with the
8prosecution, to enter a Veterans and Servicemembers Court
9program as part of the defendant's sentence.
10    "Pre-adjudicatory Veterans and Servicemembers Court
11Program" means a program that allows the defendant with the
12consent of the prosecution, to expedite the defendant's
13criminal case before conviction or before filing of a criminal
14case and requires successful completion of the Veterans and
15Servicemembers Court programs as part of the agreement.
16    "Servicemember" means a person who is currently serving in
17the Army, Air Force, Marines, Navy, or Coast Guard on active
18duty, reserve status or in the National Guard.
19    "VA" means the United States Department of Veterans'
20Affairs.
21    "Veteran" means a person who served in the active military,
22naval, or air service and who was discharged or released
23therefrom under conditions other than dishonorable.
24    "Veterans and Servicemembers Court professional" means a
25member of the Veterans and Servicemembers Court team, including
26but not limited to a judge, prosecutor, defense attorney,

 

 

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1probation officer, coordinator, treatment provider, or peer
2recovery coach.
3    "Veterans and Servicemembers Court" means a court or
4program with an immediate and highly structured judicial
5intervention process for substance abuse treatment, mental
6health, or other assessed treatment needs of eligible veteran
7and servicemember defendants that brings together substance
8abuse professionals, mental health professionals, VA
9professionals, local social programs and intensive judicial
10monitoring in accordance with the nationally recommended 10 key
11components of drug courts.
12(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
 
13    (730 ILCS 167/25)
14    Sec. 25. Procedure.
15    (a) The Court shall order the defendant to submit to an
16eligibility screening and an assessment through the VA and/or
17the IDVA to provide information on the defendant's veteran or
18servicemember status.
19    (b) The Court shall order the defendant to submit to an
20eligibility screening and mental health and drug/alcohol
21screening and assessment of the defendant by the VA or by the
22IDVA to provide assessment services for Illinois Courts. The
23assessment shall include a risks assessment and be based, in
24part, upon the known availability of treatment resources
25available to the Veterans and Servicemembers Court. The

 

 

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1assessment shall also include recommendations for treatment of
2the conditions which are indicating a need for treatment under
3the monitoring of the Court and be reflective of a level of
4risk assessed for the individual seeking admission. An
5assessment need not be ordered if the Court finds a valid
6screening and/or assessment related to the present charge
7pending against the defendant has been completed within the
8previous 60 days.
9    (c) The judge shall inform the defendant that if the
10defendant fails to meet the conditions of the Veterans and
11Servicemembers Court program, eligibility to participate in
12the program may be revoked and the defendant may be sentenced
13or the prosecution continued as provided in the Unified Code of
14Corrections for the crime charged.
15    (d) The defendant shall execute a written agreement with
16the Court as to his or her participation in the program and
17shall agree to all of the terms and conditions of the program,
18including but not limited to the possibility of sanctions or
19incarceration for failing to abide or comply with the terms of
20the program.
21    (e) In addition to any conditions authorized under the
22Pretrial Services Act and Section 5-6-3 of the Unified Code of
23Corrections, the Court may order the defendant to complete
24substance abuse treatment in an outpatient, inpatient,
25residential, or jail-based custodial treatment program, order
26the defendant to complete mental health counseling in an

 

 

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1inpatient or outpatient basis, comply with physicians'
2recommendation regarding medications and all follow up
3treatment. This treatment may include but is not limited to
4post-traumatic stress disorder, traumatic brain injury and
5depression.
6    (f) The Court may establish a mentorship program that
7provides access and support to program participants by peer
8recovery coaches. Courts shall be responsible to administer the
9mentorship program with the support of volunteer veterans and
10local veteran service organizations. Peer recovery coaches
11shall be trained and certified by the Court prior to being
12assigned to participants in the program.
13(Source: P.A. 96-924, eff. 6-14-10.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2805/1.2
4    20 ILCS 2805/2from Ch. 126 1/2, par. 67
5    20 ILCS 2805/2.01from Ch. 126 1/2, par. 67.01
6    20 ILCS 2805/2.04from Ch. 126 1/2, par. 67.04
7    20 ILCS 2805/2.07from Ch. 126 1/2, par. 67.07
8    20 ILCS 2805/2.12 new
9    20 ILCS 2805/3from Ch. 126 1/2, par. 68
10    210 ILCS 45/2-201.5
11    210 ILCS 45/3-101.5
12    210 ILCS 45/3-202.6 new
13    210 ILCS 45/3-303from Ch. 111 1/2, par. 4153-303
14    730 ILCS 167/10
15    730 ILCS 167/25