Illinois General Assembly - Full Text of HB4134
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Full Text of HB4134  102nd General Assembly

HB4134 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4134

 

Introduced 9/3/2021, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Nursing Home Care Act. Provides that within one month after the effective date of the amendatory Act, all facilities licensed under the Act must adopt and implement a COVID-19 vaccination mandate that requires all facility staff members licensed in this State to receive a single-shot COVID-19 vaccine or the first dose of a 2-dose COVID-19 vaccine within 7 business days after the facility's mandate takes effect. Provides that the mandate must also require those licensed facility staff members who receive the first dose of a 2-dose COVID-19 vaccine to receive the second dose within the timeframe recommended by the U.S. Food and Drug Administration. Requires the Department of Public Health to issue a notice of noncompliance to facilities and licensed facility staff members who violate the provisions of the amendatory Act. Provides that a facility shall be fined $500 for each week that the facility fails to comply, not to exceed $24,000 per calendar year. Provides that if a facility fails to comply with the requirements of the amendatory Act within 10 business days after receiving a notice of noncompliance, the Department shall notify the facility in writing that its operational license is subject to revocation. Provides that if a facility staff member fails to comply with a facility's COVID-19 vaccination mandate within 5 business days after receiving a notice of noncompliance, the facility staff member shall be notified by the Department that his or her occupational or professional license will be revoked. Provides that a facility staff member's license will be reinstituted upon providing proof of compliance with the facility's COVID-19 vaccination mandate to the Department. Amends the State Finance Act. Creates the Nursing Home Infection Control Fund. Effective immediately.


LRB102 19623 CPF 28506 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4134LRB102 19623 CPF 28506 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.942 as follows:
 
6    (30 ILCS 105/5.942 new)
7    Sec. 5.942. Nursing Home Infection Control Fund. The
8Nursing Home Infection Control Fund is created as a special
9fund in the State treasury. The Fund shall consist of moneys
10obtained from fees collected by the Department of Public
11Health under Section 3-325 of the Nursing Home Care Act and
12moneys appropriated to the Department of Public Health for the
13purpose of infection control in facilities licensed under the
14Nursing Home Care Act. Subject to appropriation, moneys in the
15Fund shall be used by the Department of Public Health to carry
16out the aforementioned purpose and for no other purpose. All
17interest earned on moneys in the Fund shall be deposited into
18the Fund.
 
19    Section 10. The Nursing Home Care Act is amended by adding
20Section 3-325 as follows:
 
21    (210 ILCS 45/3-325 new)

 

 

HB4134- 2 -LRB102 19623 CPF 28506 b

1    Sec. 3-325. COVID-19 vaccination mandate; penalties.
2    (a) Within one month after the effective date of this
3amendatory Act of the 102nd General Assembly, all facilities
4licensed under this Act must adopt and implement a COVID-19
5vaccination mandate that requires all facility staff members
6licensed in this State to receive a single-shot COVID-19
7vaccine or the first dose of a 2-dose COVID-19 vaccine within 7
8business days after the facility's mandate takes effect. The
9mandate must also require those licensed facility staff
10members who receive the first dose of a 2-dose COVID-19
11vaccine to receive the second dose within the timeframe
12recommended by the U.S. Food and Drug Administration. The
13requirements of this Section shall remain in effect for the
14duration of a disaster proclamation, and any subsequent
15disaster proclamation, issued by the Governor in response to
16the COVID-19 public health emergency.
17    (b) Upon discovering that a facility has failed to adopt
18and implement a COVID-19 vaccination mandate as required under
19subsection (a), the Department shall issue a written notice to
20the facility informing the facility that it must comply with
21subsection (a) within 5 business days after receipt of the
22notice. If the facility does not comply with subsection (a)
23within the 5-day period, then the facility shall be fined $500
24for each week that the facility fails to comply, not to exceed
25$24,000 per calendar year.
26    (c) If a facility does not comply with subsection (a)

 

 

HB4134- 3 -LRB102 19623 CPF 28506 b

1within 10 business days after receiving notice from the
2Department under subsection (b), the Department shall notify
3the facility that its operational license will be revoked if
4it does not comply with subsection (a) within 3 business days
5after receiving the notification required under this
6subsection.
7    (d) Upon discovering that a licensed facility staff member
8has failed to comply with a facility's COVID-19 vaccination
9mandate, the Department shall issue a written notice to the
10staff member informing the staff member that he or she must
11comply with the facility's COVID-19 vaccination mandate within
125 business days after receipt of the notice.
13    (e) If a licensed facility staff member does not comply
14with a facility's COVID-19 vaccination mandate within 5
15business days after receiving notice from the Department under
16subsection (d), the Department shall notify the staff member
17that his or her occupational or professional license will be
18revoked if he or she does not comply with the policy
19implemented under subsection (a) within 3 business days after
20receiving the notification required under this subsection. A
21facility staff member's license will be reinstituted upon
22providing proof of compliance with the facility's COVID-19
23vaccination mandate to the Department.
24    (f) Fines collected by the Department under this Section
25shall be deposited into the Nursing Home Infection Control
26Fund created under Section 5.942 of the State Finance Act.

 

 

HB4134- 4 -LRB102 19623 CPF 28506 b

1    (g) The Department may adopt rules to implement this
2Section.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

HB4134- 5 -LRB102 19623 CPF 28506 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.942 new
4    210 ILCS 45/3-325 new