SR0621 97TH GENERAL ASSEMBLY

SR0621 LRB097 20014 KTG 65997 r

SENATE RESOLUTION

WHEREAS, The Chicago Tribune investigative reports in the fall of 2009 identified severe problems in nursing homes that endangered residents; and

WHEREAS, The 96th General Assembly on May 7, 2010 passed Senate Bill 326 that included multiple provisions to improve safety in nursing homes; and

WHEREAS, A key provision in the legislation was a statutory increase in the staffing ratios for nursing homes; and

WHEREAS, Governor Quinn signed Senate Bill 326 into law as Public Act 96-1372 with an effective date of July 29, 2010; and

WHEREAS, The Office of the Attorney General has increased the enforcement of nursing home standards and the identification of criminals living in nursing homes; and

WHEREAS, The 96th General Assembly on January 11, 2010 passed Senate Bill 3088 which created a new nursing home bed tax to increase funding to nursing homes in order to support the higher staffing ratios required by Public Act 96-1372 and in order to fund the State's increased enforcement activities; and

WHEREAS, Governor Quinn signed Senate Bill 3088 as Public Act 96-1530 with an effective date of February 16, 2011; and

WHEREAS, Public Act 96-1530 did not contain any provisions directly linking the increased funding from the nursing home bed tax to higher standards or increased staffing; and

WHEREAS, It is in the best interests of the citizens of Illinois to ensure that the safety provisions in Public Act 96-1372 are properly implemented and effective; and

WHEREAS, It is in the best interests of the citizens of Illinois to ensure that the funding from the nursing home bed tax is being used to improve nursing home safety; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct a performance audit of the Department of Public Health and the Department of Healthcare and Family Services to assess those Departments' efforts to implement the provisions under Public Act 96-1372 and Public Act 96-1530; and be it further

RESOLVED, That the audit shall include, but not be limited to, the following determinations:

(1) An analysis of problem nursing homes identified either in press reports by the Office of the Attorney General or by the Department of Public Health that have had safety issues, and the status of resident care before and after the provisions of Public Act 96-1372 and Public Act 96-1530 became effective; and

(2) An analysis of the amount of the increased Medicaid rates funded by the bed tax established under Public Act 96-1530 that are being used for meeting the new staffing requirements under Public Act 96-1372; and

(3) An assessment of whether the increased Medicaid funding has led to improvements in the problem nursing homes; and

(4) An analysis of the Department of Healthcare and Family Services' administration and implementation of the new bed tax as it relates to items (1), (2), and (3) above; and

(5) An analysis of the Department of Public Health's implementation of the provisions under Public Act 96-1372; and

(6) A review of the amounts from the new bed tax used to fund State nursing home regulation enforcement activities and community based services; and be it further

RESOLVED, That the Office of the Governor, the Office of the Attorney General, the Department of Public Health, the Department of Healthcare and Family Services, and any other entity having information relevant to this audit shall cooperate fully and promptly with the Auditor General in the conduct of this audit; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and report his or her findings and recommendations upon completion in accordance with the provisions of Section 3-14 of the Illinois State Auditing Act; and be it further

RESOLVED, That copies of this resolution be delivered to the Auditor General, the Governor, the Attorney General, the Department of Public Health, and the Department of Healthcare and Family Services.