Full Text of HB3835 98th General Assembly
HB3835eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Veterans Affairs Act is | 5 | | amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 3 | 6 | | and adding Section 2.12 as follows: | 7 | | (20 ILCS 2805/1.2) | 8 | | Sec. 1.2. Division of Women Veterans Affairs. Subject to | 9 | | appropriations for this purpose, the Division of Women Veterans | 10 | | Affairs is created as a Division within the Department. The | 11 | | head of the Division shall serve as an Assistant Director of | 12 | | Veterans' Affairs. The Division shall serve as an advocate for | 13 | | women veterans, in recognition of the unique issues facing | 14 | | women veterans. The Division shall assess the needs of women | 15 | | veterans with respect to issues including, but not limited to, | 16 | | compensation, rehabilitation, outreach, health care, and | 17 | | issues facing women veterans in the community. The Division | 18 | | shall review the Department's programs, activities, research | 19 | | projects, and other initiatives designed to meet the needs of | 20 | | women veterans and shall make recommendations to the Director | 21 | | of Veterans' Affairs concerning ways to improve, modify, and | 22 | | effect 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 | 3 | | following
powers and duties:
| 4 | | To perform such acts at the request of any veteran, or his | 5 | | or her spouse,
surviving spouse or dependents as shall be | 6 | | reasonably necessary
or reasonably incident to obtaining or | 7 | | endeavoring to obtain for the requester
any advantage, benefit | 8 | | or emolument accruing or due to such person under
any law of | 9 | | the United States, the State of Illinois or any other state or
| 10 | | governmental agency by reason of the service of such veteran, | 11 | | and 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, | 19 | | if for the
public interest, a grant, gift, devise or bequest of | 20 | | money or property to
the Department made for the general | 21 | | benefit of Illinois veterans,
including the conduct of | 22 | | informational and training services by the Department
and other | 23 | | authorized purposes of the Department. The Department shall | 24 | | cause
each grant, gift, devise or bequest to be kept as a | 25 | | distinct fund and shall
invest such funds in the manner | 26 | | provided by the Public Funds Investment Act, as
now or |
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| 1 | | hereafter amended, and shall make such reports as may
be | 2 | | required by the Comptroller concerning what funds are so held | 3 | | and
the manner in which such funds are invested.
The Department | 4 | | may make grants from these funds for the general benefit of
| 5 | | Illinois veterans. Grants from these funds, except for the | 6 | | funds established
under Sections 2.01a and 2.03, shall be | 7 | | subject to appropriation.
| 8 | | The Department has the power to make grants, from funds | 9 | | appropriated from
the
Korean War Veterans National Museum and | 10 | | Library Fund, to private organizations
for the benefit of the | 11 | | Korean War Veterans National Museum and Library.
| 12 | | The Department has the power to make grants, from funds | 13 | | appropriated from the Illinois Military Family Relief Fund, for | 14 | | benefits 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 | 19 | | admission to an Illinois
Veterans Home if the applicant meets | 20 | | the 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 | 22 | | of Illinois or
have been a resident of this State for one year | 23 | | immediately
preceding the date of application.
| 24 | | (d) For admission to the Illinois Veterans Homes at Anna | 25 | | and
Quincy, the veteran must be disabled by disease, wounds, or | 26 | | otherwise and because
of the disability be incapable of earning |
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| 1 | | a living.
| 2 | | (e) For admission to the Illinois Veterans Homes at LaSalle | 3 | | and Manteno,
the veteran must be disabled by disease, wounds, | 4 | | or otherwise and, for purposes of eligibility
for nursing home | 5 | | care, require nursing care because of the disability. | 6 | | (f) An individual who served during a time of conflict as | 7 | | set forth in subsection (a)(1) of this Section has preference | 8 | | over all other qualifying candidates, for purposes of | 9 | | eligibility for domiciliary or
nursing home care at any | 10 | | Illinois Veterans Home.
| 11 | | (g) A veteran or spouse, once admitted to an Illinois | 12 | | Veterans Home facility is considered a resident for | 13 | | interfacility 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 | 17 | | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | 18 | | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | 19 | | Fund, and (iv) the Quincy Veterans Home
Fund.
All moneys | 20 | | received by an Illinois Veterans Home from Medicare and from
| 21 | | maintenance charges to veterans, spouses, and surviving | 22 | | spouses residing at
that Home shall be paid into that Home's | 23 | | Fund. All moneys
received from the
U.S. Department of Veterans | 24 | | Affairs for patient care shall be transmitted to
the Treasurer | 25 | | of the State for deposit in the Veterans Home Fund for the Home
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| 1 | | in which the veteran resides. Appropriations shall be made from | 2 | | a Fund only
for the needs of the Home, including capital | 3 | | improvements, building
rehabilitation, and repairs.
| 4 | | The administrator of each Veterans Home shall establish a
| 5 | | locally-held
member's benefits fund. The Director may | 6 | | authorize the Veterans Home to conduct limited fundraising in | 7 | | accordance with applicable laws and regulations for which the | 8 | | sole purpose is to benefit the Veterans Home's member's | 9 | | benefits fund. Revenues accruing to an Illinois Veterans Home,
| 10 | | including any donations, grants for the operation of the Home, | 11 | | profits from
commissary stores, and funds received from any | 12 | | individual or other source , including limited fundraising ,
| 13 | | shall be deposited into that Home's benefits fund. Expenditures | 14 | | from the benefits funds
shall
be solely for the special | 15 | | comfort, pleasure, and amusement of residents.
Contributors of | 16 | | unsolicited private donations may specify the purpose for which
| 17 | | the private donations are to be used.
| 18 | | Upon request of the Department, the State's Attorney of the | 19 | | county in which
a resident or living former resident of an | 20 | | Illinois Veterans Home
who is liable under this Act
for payment | 21 | | of sums representing maintenance charges resides shall file
an | 22 | | action in a court of competent jurisdiction against any such | 23 | | person who
fails or refuses to pay such sums. The court may | 24 | | order the payment of sums
due to maintenance charges for such | 25 | | period 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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| 1 | | an
Illinois Veterans Home who is
liable for maintenance charges | 2 | | and who is possessed of property, the
Department may present a | 3 | | claim for such sum or for the balance due in
case less than the | 4 | | rate prescribed under this Act has been paid. The
claim shall | 5 | | be allowed and paid as other lawful claims against the estate.
| 6 | | The administrator of each Veterans Home shall establish a
| 7 | | locally-held
trust fund to maintain moneys held for residents. | 8 | | Whenever the Department
finds it necessary to preserve order,
| 9 | | preserve health, or enforce discipline, the resident shall | 10 | | deposit in a
trust account at the Home such monies from any | 11 | | source of income as may
be determined necessary, and | 12 | | disbursement of these funds to the resident
shall be made only | 13 | | by direction of the administrator.
| 14 | | If a resident of an Illinois Veterans Home has a
dependent | 15 | | child, spouse, or parent the administrator may
require that all | 16 | | monies
received be deposited in a trust account with dependency | 17 | | contributions
being made at the direction of the administrator. | 18 | | The balance retained
in the trust account shall be disbursed to | 19 | | the resident at the time of
discharge from the Home or to his | 20 | | or her heirs or legal representative
at the time of the | 21 | | resident's death, subject to Department regulations
or order of | 22 | | the court.
| 23 | | The Director of Central Management Services, with the
| 24 | | consent of the Director of Veterans' Affairs, is authorized
and | 25 | | empowered to lease or let any real property held by the | 26 | | Department of
Veterans' Affairs for an Illinois Veterans Home |
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| 1 | | to entities or
persons upon terms and conditions which are | 2 | | considered to be in the best
interest of that Home. The real | 3 | | property must not be needed for any direct
or immediate purpose | 4 | | of the Home. In any leasing or letting, primary
consideration | 5 | | shall be given to the use of real property for agricultural
| 6 | | purposes, and all moneys received shall be transmitted to the | 7 | | Treasurer of
the State for deposit in the appropriate Veterans | 8 | | Home 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 | 12 | | sufficient and
qualified staff at the veterans' homes (i) to | 13 | | fill all beds, subject to appropriation, and (ii) to
fulfill | 14 | | the requirements of this Act. The Department shall report to
| 15 | | the General Assembly, by January 1 and July 1 of each year, the | 16 | | number of
staff employed in providing direct patient care at | 17 | | their veterans' homes,
the compliance or noncompliance with | 18 | | staffing standards established by the
United States Department | 19 | | of Veterans Affairs for
such care, and in the event of
| 20 | | noncompliance with such standards, the number of staff required | 21 | | for compliance. For purposes of this Section, a nurse who has a | 22 | | license application pending with the State shall not be deemed | 23 | | unqualified by the Department if the nurse is in compliance | 24 | | with 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 | 3 | | cemeteries at the Manteno Veterans Home and the Quincy Veterans | 4 | | Home for interment of veterans or their spouses as identified | 5 | | by 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 | 9 | | Springfield and a branch thereof in Chicago;
| 10 | | 2. establish Establish such field offices as it shall find | 11 | | necessary to enable it
to perform its duties; and
| 12 | | 3. maintain Cause to be maintained, at its various offices, | 13 | | case files containing
records of services rendered to each | 14 | | applicant, service progress cards , and a follow-up
system to | 15 | | facilitate the completion of each request.
| 16 | | (Source: P.A. 79-376.)
| 17 | | Section 10. The Nursing Home Care Act is amended by | 18 | | changing Sections 2-201.5, 3-101.5, and 3-303 and adding | 19 | | Section 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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| 1 | | nursing
facility must be screened to
determine the need for | 2 | | nursing facility services prior to being admitted,
regardless | 3 | | of income, assets, or funding source. Screening for nursing | 4 | | facility services shall be administered
through procedures | 5 | | established by administrative rule. Screening may be done
by | 6 | | agencies other than the Department as established by | 7 | | administrative rule.
This Section applies on and after July 1, | 8 | | 1996. No later than October 1, 2010, the Department of | 9 | | Healthcare and Family Services, in collaboration with the | 10 | | Department on Aging, the Department of Human Services, and the | 11 | | Department of Public Health, shall file administrative rules | 12 | | providing for the gathering, during the screening process, of | 13 | | information relevant to determining each person's potential | 14 | | for placing other residents, employees, and visitors at risk of | 15 | | harm. | 16 | | (a-1) Any screening performed pursuant to subsection (a) of
| 17 | | this Section shall include a determination of whether any
| 18 | | person is being considered for admission to a nursing facility | 19 | | due to a
need for mental health services. For a person who | 20 | | needs
mental health services, the screening shall
also include | 21 | | an evaluation of whether there is permanent supportive housing, | 22 | | or an array of
community mental health services, including but | 23 | | not limited to
supported housing, assertive community | 24 | | treatment, and peer support services, that would enable the | 25 | | person to live in the community. The person shall be told about | 26 | | the existence of any such services that would enable the person |
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| 1 | | to live safely and humanely and about available appropriate | 2 | | nursing home services that would enable the person to live | 3 | | safely and humanely, and the person shall be given the | 4 | | assistance necessary to avail himself or herself of any | 5 | | available services. | 6 | | (a-2) Pre-screening for persons with a serious mental | 7 | | illness shall be performed by a psychiatrist, a psychologist, a | 8 | | registered nurse certified in psychiatric nursing, a licensed | 9 | | clinical professional counselor, or a licensed clinical social | 10 | | worker,
who is competent to (i) perform a clinical assessment | 11 | | of the individual, (ii) certify a diagnosis, (iii) make a
| 12 | | determination about the individual's current need for | 13 | | treatment, including substance abuse treatment, and recommend | 14 | | specific treatment, and (iv) determine whether a facility or a | 15 | | community-based program
is able to meet the needs of the | 16 | | individual. | 17 | | For any person entering a nursing facility, the | 18 | | pre-screening agent shall make specific recommendations about | 19 | | what care and services the individual needs to receive, | 20 | | beginning at admission, to attain or maintain the individual's | 21 | | highest level of independent functioning and to live in the | 22 | | most integrated setting appropriate for his or her physical and | 23 | | personal care and developmental and mental health needs. These | 24 | | recommendations shall be revised as appropriate by the | 25 | | pre-screening or re-screening agent based on the results of | 26 | | resident review and in response to changes in the resident's |
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| 1 | | wishes, needs, and interest in transition. | 2 | | Upon the person entering the nursing facility, the | 3 | | Department of Human Services or its designee shall assist the | 4 | | person in establishing a relationship with a community mental | 5 | | health agency or other appropriate agencies in order to (i) | 6 | | promote the person's transition to independent living and (ii) | 7 | | support the person's progress in meeting individual goals. | 8 | | (a-3) The Department of Human Services, by rule, shall | 9 | | provide for a prohibition on conflicts of interest for | 10 | | pre-admission screeners. The rule shall provide for waiver of | 11 | | those conflicts by the Department of Human Services if the | 12 | | Department of Human Services determines that a scarcity of | 13 | | qualified pre-admission screeners exists in a given community | 14 | | and that, absent a waiver of conflicts, an insufficient number | 15 | | of pre-admission screeners would be available. If a conflict is | 16 | | waived, the pre-admission screener shall disclose the conflict | 17 | | of interest to the screened individual in the manner provided | 18 | | for by rule of the Department of Human Services. For the | 19 | | purposes of this subsection, a "conflict of interest" includes, | 20 | | but is not limited to, the existence of a professional or | 21 | | financial relationship between (i) a PAS-MH corporate or a | 22 | | PAS-MH agent and (ii) a community provider or long-term care | 23 | | facility. | 24 | | (b) In addition to the screening required by subsection | 25 | | (a), a facility, except for those licensed as long term care | 26 | | for under age 22 facilities, shall, within 24 hours after |
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| 1 | | admission, request a criminal history background check | 2 | | pursuant to the Uniform Conviction Information Act for all | 3 | | persons age 18 or older seeking admission to the facility, | 4 | | unless a background check was initiated by a hospital pursuant | 5 | | to subsection (d) of Section 6.09 of the Hospital Licensing Act | 6 | | or a pre-admission background check was conducted by the | 7 | | Department of Veterans' Affairs 30 days prior to admittance | 8 | | into an Illinois Veterans Home . Background checks conducted | 9 | | pursuant to this Section shall be based on the resident's name, | 10 | | date of birth, and other identifiers as required by the | 11 | | Department of State Police. If the results of the background | 12 | | check are inconclusive, the facility shall initiate a | 13 | | fingerprint-based check, unless the fingerprint check is | 14 | | waived by the Director of Public Health based on verification | 15 | | by the facility that the resident is completely immobile or | 16 | | that the resident meets other criteria related to the | 17 | | resident's health or lack of potential risk which may be | 18 | | established by Departmental rule. A waiver issued pursuant to | 19 | | this Section shall be valid only while the resident is immobile | 20 | | or while the criteria supporting the waiver exist. The facility | 21 | | shall provide for or arrange for any required fingerprint-based | 22 | | checks to be taken on the premises of the facility. If a | 23 | | fingerprint-based check is required, the facility shall | 24 | | arrange for it to be conducted in a manner that is respectful | 25 | | of the resident's dignity and that minimizes any emotional or | 26 | | physical hardship to the resident. |
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| 1 | | (c) If the results of a resident's criminal history | 2 | | background check reveal that the resident is an identified | 3 | | offender as defined in Section 1-114.01, the facility shall do | 4 | | the 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 | 23 | | contained in the Uniform Conviction Information Act. | 24 | | All name-based and fingerprint-based criminal history | 25 | | record inquiries shall be submitted to the Department of State | 26 | | Police electronically in the form and manner prescribed by the |
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| 1 | | Department of State Police. The Department of State Police may | 2 | | charge the facility a fee for processing name-based and | 3 | | fingerprint-based criminal history record inquiries. The fee | 4 | | shall be deposited into the State Police Services Fund. The fee | 5 | | shall not exceed the actual cost of processing the inquiry. | 6 | | (d) (Blank).
| 7 | | (e) The Department shall develop and maintain a | 8 | | de-identified database of residents who have injured facility | 9 | | staff, facility visitors, or other residents, and the attendant | 10 | | circumstances, solely for the purposes of evaluating and | 11 | | improving resident pre-screening and assessment procedures | 12 | | (including the Criminal History Report prepared under Section | 13 | | 2-201.6) and the adequacy of Department requirements | 14 | | concerning the provision of care and services to residents. A | 15 | | resident shall not be listed in the database until a Department | 16 | | survey confirms the accuracy of the listing. The names of | 17 | | persons listed in the database and information that would allow | 18 | | them to be individually identified shall not be made public. | 19 | | Neither the Department nor any other agency of State government | 20 | | may use information in the database to take any action against | 21 | | any individual, licensee, or other entity, unless the | 22 | | Department or agency receives the information independent of | 23 | | this subsection (e). All information
collected, maintained, or | 24 | | developed under the authority of this subsection (e) for the | 25 | | purposes of the database maintained under this subsection (e) | 26 | | shall be treated in the same manner as information that is |
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| 1 | | subject to Part 21 of Article VIII of the Code of Civil | 2 | | Procedure. | 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 | 6 | | Veterans Home licensed under this Act and operated by the | 7 | | Illinois Department of Veterans' Affairs is exempt from the | 8 | | license fee provisions of Section 3-103 of this Act and the | 9 | | provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, | 10 | | 3-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517 , and | 11 | | 3-603 through 3-607 of this Act. A monitor or receiver shall be | 12 | | placed in an Illinois Veterans Home only by court order or by | 13 | | agreement between the Director of Public Health, the Director | 14 | | of Veterans' Affairs, and the Secretary of the United States | 15 | | Department 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 | 19 | | plan review. | 20 | | (a) Before commencing construction of a new facility or | 21 | | specified types of alteration or additions to an existing | 22 | | long-term care facility involving major construction, as | 23 | | defined by rule by the Department, with an estimated cost | 24 | | greater than $100,000, architectural drawings and |
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| 1 | | specifications for the facility shall be submitted to the | 2 | | Department for review. A facility may submit architectural | 3 | | drawings and specifications for other construction projects | 4 | | for Department review according to subsection (b) of this | 5 | | Section that shall not be subject to fees under subsection (d) | 6 | | of this Section. Review of drawings and specifications shall be | 7 | | conducted by an employee of the Department meeting the | 8 | | qualifications established by the Department of Central | 9 | | Management Services class specifications for such an | 10 | | individual's position or by a person contracting with the | 11 | | Department who meets those class specifications. | 12 | | (b) The Department shall inform an applicant in writing | 13 | | within 10 working days after receiving drawings and | 14 | | specifications from the applicant whether the applicant's | 15 | | submission is complete or incomplete. Failure to provide the | 16 | | applicant with this notice within 10 working days after | 17 | | receiving drawings and specifications from the applicant shall | 18 | | result in the submission being deemed complete for purposes of | 19 | | initiating the 60-day review period under this Section. If the | 20 | | submission is incomplete, the Department shall inform the | 21 | | applicant of the deficiencies with the submission in writing. | 22 | | If the submission is complete, the Department shall approve or | 23 | | disapprove drawings and specifications submitted to the | 24 | | Department no later than 60 days following receipt by the | 25 | | Department. The drawings and specifications shall be of | 26 | | sufficient detail, as provided by Department rule, to enable |
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| 1 | | the Department to render a determination of compliance with | 2 | | design and construction standards under this Act. If the | 3 | | Department finds that the drawings are not of sufficient detail | 4 | | for it to render a determination of compliance, the plans shall | 5 | | be determined to be incomplete and shall not be considered for | 6 | | purposes of initiating the 60-day review period. If a | 7 | | submission of drawings and specifications is incomplete, the | 8 | | applicant may submit additional information. The 60-day review | 9 | | period shall not commence until the Department determines that | 10 | | a submission of drawings and specifications is complete or the | 11 | | submission is deemed complete. If the Department has not | 12 | | approved or disapproved the drawings and specifications within | 13 | | 60 days after receipt by the Department, the construction, | 14 | | major alteration, or addition shall be deemed approved. If the | 15 | | drawings and specifications are disapproved, the Department | 16 | | shall state in writing, with specificity, the reasons for the | 17 | | disapproval. The entity submitting the drawings and | 18 | | specifications may submit additional information in response | 19 | | to the written comments from the Department or request a | 20 | | reconsideration of the disapproval. A final decision of | 21 | | approval or disapproval shall be made within 45 days after the | 22 | | receipt of the additional information or reconsideration | 23 | | request. If denied, the Department shall state the specific | 24 | | reasons for the denial. | 25 | | (c) The Department shall provide written approval for | 26 | | occupancy pursuant to subsection (e) of this Section and shall |
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| 1 | | not issue a violation to a facility as a result of a licensure | 2 | | or complaint survey based upon the facility's physical | 3 | | structure if: | 4 | | (1) the Department reviewed and approved or deemed | 5 | | approved the drawings and specifications for compliance | 6 | | 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 | 15 | | with its reviews to the Department of Veterans' Affairs. | 16 | | (e) The Department shall conduct an on-site inspection of | 17 | | the completed project no later than 30 days after notification | 18 | | from the applicant that the project has been completed and all | 19 | | certifications required by the Department have been received | 20 | | and accepted by the Department. The Department shall provide | 21 | | written approval for occupancy to the applicant within 5 | 22 | | working days after the Department's final inspection, provided | 23 | | the applicant has demonstrated substantial compliance as | 24 | | defined by Department rule. Occupancy of new major construction | 25 | | is prohibited until Department approval is received, unless the | 26 | | Department has not acted within the time frames provided in |
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| 1 | | this subsection (e), in which case the construction shall be | 2 | | deemed approved. Occupancy shall be authorized after any | 3 | | required health inspection by the Department has been | 4 | | conducted. | 5 | | (f) The Department shall establish, by rule, a procedure to | 6 | | conduct interim on-site review of large or complex construction | 7 | | projects. | 8 | | (g) The Department shall establish, by rule, an expedited | 9 | | process for emergency repairs or replacement of like equipment. | 10 | | (h) Nothing in this Section shall be construed to apply to | 11 | | maintenance, upkeep, or renovation that does not affect the | 12 | | structural integrity of the building, does not add beds or | 13 | | services over the number for which the long-term care facility | 14 | | is licensed, and provides a reasonable degree of safety for the | 15 | | residents.
| 16 | | (210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)
| 17 | | Sec. 3-303.
(a) The situation, condition or practice | 18 | | constituting a Type "AA" violation or a Type
"A" violation | 19 | | shall be abated or eliminated immediately unless a fixed period
| 20 | | of time, not exceeding 15 days, as determined by the Department | 21 | | and specified
in the notice of violation, is required for | 22 | | correction.
| 23 | | (b) At the time of issuance of a notice of a Type "B" | 24 | | violation,
the Department shall request a plan of correction | 25 | | which is subject to the
Department's approval. The facility |
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| 1 | | shall have 10 days after receipt of
notice of violation in | 2 | | which to prepare and submit a plan of correction.
The | 3 | | Department may extend this period up to 30 days where | 4 | | correction involves
substantial capital improvement. The plan | 5 | | shall include a fixed time period
not in excess of 90 days | 6 | | within which violations are to be corrected. If
the Department | 7 | | rejects a plan of correction, it shall send notice of the
| 8 | | rejection and the reason for the rejection to the facility. The | 9 | | facility
shall have 10 days after receipt of the notice of | 10 | | rejection in which to
submit a modified plan. If the modified | 11 | | plan is not timely submitted, or
if the modified plan is | 12 | | rejected, the facility shall follow an approved
plan of | 13 | | correction imposed by the Department.
| 14 | | (c) If the violation has been corrected prior to submission | 15 | | and approval
of a plan of correction, the facility may submit a | 16 | | report of correction
in place of a plan of correction. Such | 17 | | report shall be signed by the
administrator under oath.
| 18 | | (d) Upon a licensee's petition, the Department shall | 19 | | determine whether
to grant a licensee's request for an extended | 20 | | correction time. Such petition
shall be served on the | 21 | | Department prior to expiration of the correction
time | 22 | | originally approved. The burden of proof is on the petitioning | 23 | | facility
to show good cause for not being able to comply with | 24 | | the original correction
time approved.
| 25 | | (e) If a facility desires to contest any Department action | 26 | | under this
Section it shall send a written request for a |
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| 1 | | hearing under Section 3-703
to the Department within 10 days of | 2 | | receipt of notice of the contested action.
The Department shall | 3 | | commence the hearing as provided under Section 3-703.
Whenever | 4 | | possible, all action of the Department under this Section | 5 | | arising
out of a violation shall be contested and determined at | 6 | | a single hearing.
Issues decided after a hearing may not be | 7 | | reheard at subsequent hearings
under this Section.
| 8 | | (f) For facilities operated by the Department of Veterans' | 9 | | Affairs, all deadlines contained in this Section for correction | 10 | | of violations are subject to adherence to applicable Sections | 11 | | of State procurement law and the availability of appropriations | 12 | | for the specific purpose. | 13 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 14 | | Section 15. The Veterans and Servicemembers Court
| 15 | | Treatment Act is amended by changing Sections 10 and 25 as | 16 | | follows: | 17 | | (730 ILCS 167/10)
| 18 | | Sec. 10. Definitions. In this Act: | 19 | | "Combination Veterans and Servicemembers Court program" | 20 | | means a court program that
includes a pre-adjudicatory and a | 21 | | post-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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| 1 | | assigned to a veteran or servicemember during participation in | 2 | | a veteran treatment court program who has been trained and | 3 | | certified by the court to guide and mentor the participant to | 4 | | successfully complete the assigned requirements. | 5 | | "Post-adjudicatory Veterans and Servicemembers Court | 6 | | Program" means a program in
which the defendant has admitted | 7 | | guilt or has been found guilty and agrees, along with the
| 8 | | prosecution, to enter a Veterans and Servicemembers Court | 9 | | program as part of the defendant's
sentence.
| 10 | | "Pre-adjudicatory Veterans and Servicemembers Court | 11 | | Program" means a program that
allows the defendant with the | 12 | | consent of the prosecution, to expedite the defendant's | 13 | | criminal
case before conviction or before filing of a criminal | 14 | | case and requires successful completion of
the Veterans and | 15 | | Servicemembers Court programs as part of the agreement.
| 16 | | "Servicemember" means a person who is currently serving in | 17 | | the Army, Air Force,
Marines, Navy, or Coast Guard on active | 18 | | duty, reserve status or in the National Guard.
| 19 | | "VA" means the United States Department of Veterans' | 20 | | Affairs. | 21 | | "Veteran" means a person who served in the active military, | 22 | | naval, or air service and who
was discharged or released | 23 | | therefrom under conditions other than dishonorable.
| 24 | | "Veterans and Servicemembers Court professional" means a | 25 | | member of the Veterans and
Servicemembers Court team, including | 26 | | but not limited to a judge, prosecutor, defense
attorney, |
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| 1 | | probation officer, coordinator, treatment provider, or peer | 2 | | recovery coach.
| 3 | | "Veterans and Servicemembers Court" means a court or | 4 | | program with an immediate and
highly structured judicial | 5 | | intervention process for substance abuse treatment, mental | 6 | | health, or
other assessed treatment needs of eligible veteran | 7 | | and servicemember defendants that brings
together substance | 8 | | abuse professionals, mental health professionals, VA | 9 | | professionals, local
social programs and intensive judicial | 10 | | monitoring in accordance with the nationally
recommended 10 key | 11 | | components 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 | 16 | | eligibility screening and an
assessment through the VA and/or | 17 | | the IDVA to provide information on the defendant's veteran
or | 18 | | servicemember status.
| 19 | | (b) The Court shall order the defendant to submit to an | 20 | | eligibility screening and mental
health and drug/alcohol | 21 | | screening and assessment of the defendant by the VA or by the | 22 | | IDVA to
provide assessment services for Illinois Courts. The | 23 | | assessment shall include a risks
assessment and be based, in | 24 | | part, upon the known availability of treatment resources | 25 | | available to
the Veterans and Servicemembers Court. The |
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| 1 | | assessment shall also include recommendations
for treatment of | 2 | | the conditions which are indicating a need for treatment under | 3 | | the monitoring
of the Court and be reflective of a level of | 4 | | risk assessed for the individual seeking admission. An
| 5 | | assessment need not be ordered if the Court finds a valid | 6 | | screening and/or assessment related to
the present charge | 7 | | pending against the defendant has been completed within the | 8 | | previous 60
days.
| 9 | | (c) The judge shall inform the defendant that if the | 10 | | defendant fails to meet the conditions
of the Veterans and | 11 | | Servicemembers Court program, eligibility to participate in | 12 | | the program may
be revoked and the defendant may be sentenced | 13 | | or the prosecution continued as provided in the
Unified Code of | 14 | | Corrections for the crime charged.
| 15 | | (d) The defendant shall execute a written agreement with | 16 | | the Court as to his or her
participation in the program and | 17 | | shall agree to all of the terms and conditions of the program,
| 18 | | including but not limited to the possibility of sanctions or | 19 | | incarceration for failing to abide or
comply with the terms of | 20 | | the program.
| 21 | | (e) In addition to any conditions authorized under the | 22 | | Pretrial Services Act and Section 5-6-3 of the Unified Code of | 23 | | Corrections, the Court may order the defendant to complete | 24 | | substance
abuse treatment in an outpatient, inpatient, | 25 | | residential, or jail-based custodial treatment program,
order | 26 | | the defendant to complete mental health counseling in an |
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| 1 | | inpatient or outpatient basis,
comply with physicians' | 2 | | recommendation regarding medications and all follow up | 3 | | treatment.
This treatment may include but is not limited to | 4 | | post-traumatic stress disorder, traumatic brain
injury and | 5 | | depression.
| 6 | | (f) The Court may establish a mentorship program that | 7 | | provides access and support to program participants by peer | 8 | | recovery coaches. Courts shall be responsible to administer the | 9 | | mentorship program with the support of volunteer veterans and | 10 | | local veteran service organizations. Peer recovery coaches | 11 | | shall be trained and certified by the court prior to being | 12 | | assigned 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 | 15 | | becoming law.
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