Full Text of SB0321 96th General Assembly
SB0321sam001 96TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 3/25/2009
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LRB096 03661 DRJ 24423 a |
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| AMENDMENT TO SENATE BILL 321
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| AMENDMENT NO. ______. Amend Senate Bill 321 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Act on the Aging is amended by | 5 |
| changing Section 4.04 as follows:
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| (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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| Sec. 4.04. Long Term Care Ombudsman Program.
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| (a) Long Term Care Ombudsman Program. The Department shall
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| establish a Long Term Care Ombudsman Program, through the | 10 |
| Office of State
Long Term Care Ombudsman ("the Office"), in | 11 |
| accordance with the provisions of
the Older Americans Act of | 12 |
| 1965, as now or hereafter amended.
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| (b) Definitions. As used in this Section, unless the | 14 |
| context requires
otherwise:
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| (1) "Access" has the same meaning as in Section 1-104 | 16 |
| of the Nursing
Home Care Act, as now or hereafter amended; |
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| that is, it means the right to:
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| (i) Enter any long term care facility or assisted | 3 |
| living or shared
housing establishment or supportive | 4 |
| living facility;
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| (ii) Communicate privately and without restriction | 6 |
| with any resident, regardless of age,
who consents to | 7 |
| the communication;
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| (iii) Seek consent to communicate privately and | 9 |
| without restriction
with any resident, regardless of | 10 |
| age;
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| (iv) Inspect the clinical and other records of a | 12 |
| resident, regardless of age, with the
express written | 13 |
| consent of the resident;
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| (v) Observe all areas of the long term care | 15 |
| facility or supportive
living facilities, assisted | 16 |
| living or shared housing establishment except the
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| living area of any resident who protests the | 18 |
| observation.
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| (2) "Long Term Care Facility" means (i) any facility as | 20 |
| defined by Section
1-113 of the Nursing Home Care Act, as | 21 |
| now or hereafter amended; and (ii) any
skilled nursing | 22 |
| facility or a nursing facility which meets the
requirements | 23 |
| of Section 1819(a), (b), (c), and (d) or Section 1919(a), | 24 |
| (b),
(c), and (d) of the Social Security Act, as now or | 25 |
| hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | 26 |
| and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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| (2.5) "Assisted living establishment" and "shared | 2 |
| housing establishment"
have the meanings given those terms | 3 |
| in Section 10 of the Assisted Living and
Shared Housing | 4 |
| Act.
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| (2.7) "Supportive living facility" means a facility | 6 |
| established under
Section 5-5.01a of the Illinois Public | 7 |
| Aid Code.
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| (3) "State Long Term Care Ombudsman" means any person | 9 |
| employed by the
Department to fulfill
the requirements of | 10 |
| the Office of State Long Term Care Ombudsman as
required | 11 |
| under the Older Americans Act of 1965, as now or hereafter | 12 |
| amended,
and Departmental policy.
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| (3.1) "Ombudsman" means any designated representative | 14 |
| of a regional long
term care ombudsman program; provided | 15 |
| that the representative, whether he is
paid for or | 16 |
| volunteers his ombudsman services, shall be qualified and
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| designated by the Office to perform the duties of an | 18 |
| ombudsman as specified by
the Department in rules and in | 19 |
| accordance with the provisions of
the Older Americans Act | 20 |
| of 1965, as now or hereafter amended.
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| (c) Ombudsman; rules. The Office of State Long Term Care | 22 |
| Ombudsman shall
be composed of at least one full-time ombudsman | 23 |
| and shall include a system of
designated regional long term | 24 |
| care ombudsman programs. Each regional program
shall be | 25 |
| designated by the State Long Term Care Ombudsman as a | 26 |
| subdivision of
the Office and any representative of a regional |
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| program shall be treated as a
representative of the Office.
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| The Department, in consultation with the Office, shall | 3 |
| promulgate
administrative rules in accordance with the | 4 |
| provisions of the Older Americans
Act of 1965, as now or | 5 |
| hereafter amended, to establish the responsibilities of
the | 6 |
| Department and the Office of State Long Term Care Ombudsman and | 7 |
| the
designated regional Ombudsman programs. The administrative | 8 |
| rules shall include
the responsibility of the Office and | 9 |
| designated regional programs to
investigate and resolve | 10 |
| complaints made by or on behalf of residents of long
term care | 11 |
| facilities, supportive living facilities, and assisted living | 12 |
| and
shared housing establishments, including the option to | 13 |
| serve residents under the age of 60, relating to actions, | 14 |
| inaction, or
decisions of providers, or their representatives, | 15 |
| of long term care
facilities, of supported living facilities, | 16 |
| of assisted living and shared
housing establishments, of public | 17 |
| agencies, or of social services agencies,
which may adversely | 18 |
| affect the health, safety, welfare, or rights of such
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| residents. The Office and designated regional programs may | 20 |
| represent all residents, but are not required by this Act to | 21 |
| represent persons under 60 years of age, except to the extent | 22 |
| required by federal law.
When necessary and appropriate, | 23 |
| representatives of the Office shall refer
complaints to the | 24 |
| appropriate regulatory State agency.
The Department, in | 25 |
| consultation with the Office, shall cooperate with the
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| Department of Human Services and other State agencies in |
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| providing information and training to
designated regional long | 2 |
| term care ombudsman programs about the appropriate
assessment | 3 |
| and treatment (including information about appropriate | 4 |
| supportive
services, treatment options, and assessment of | 5 |
| rehabilitation potential) of the residents they serve, | 6 |
| including children,
persons with mental illness (other than | 7 |
| Alzheimer's disease and related
disorders), and persons with | 8 |
| developmental disabilities. | 9 |
| The State Long Term Care Ombudsman and all other ombudsmen, | 10 |
| as defined in paragraph (3.1) of subsection (b) must submit to | 11 |
| background checks under the Health Care Worker Background Check | 12 |
| Act and receive training, as prescribed by the Illinois | 13 |
| Department on Aging, before visiting facilities. The training | 14 |
| must include information specific to assisted living | 15 |
| establishments, supportive living facilities, and shared | 16 |
| housing establishments and to the rights of residents | 17 |
| guaranteed under the corresponding Acts and administrative | 18 |
| rules.
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| (c-5) Consumer Choice Information Reports. The Office | 20 |
| shall: | 21 |
| (1) In collaboration with the Attorney General, create | 22 |
| a Consumer Choice Information Report form to be completed | 23 |
| by all licensed long term care facilities to aid | 24 |
| Illinoisans and their families in making informed choices | 25 |
| about long term care. The Office shall create a Consumer | 26 |
| Choice Information Report for each type of licensed long |
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| term care facility. | 2 |
| (2) Develop a database of Consumer Choice Information | 3 |
| Reports completed by licensed long term care facilities | 4 |
| that includes information in the following consumer | 5 |
| categories: | 6 |
| (A) Medical Care, Services, and Treatment. | 7 |
| (B) Special Services and Amenities. | 8 |
| (C) Staffing. | 9 |
| (D) Facility Statistics and Resident Demographics. | 10 |
| (E) Ownership and Administration. | 11 |
| (F) Safety and Security. | 12 |
| (G) Meals and Nutrition. | 13 |
| (H) Rooms, Furnishings, and Equipment. | 14 |
| (I) Family, Volunteer, and Visitation Provisions. | 15 |
| (3) Make this information accessible to the public, | 16 |
| including on the Internet by means of a hyperlink labeled | 17 |
| "Resident's Right to Know" on the Office's World Wide Web | 18 |
| home page. | 19 |
| (4) Have the authority, with the Attorney General, to | 20 |
| verify that information provided by a facility is accurate. | 21 |
| (5) Request a new report from any licensed facility | 22 |
| whenever it deems necessary.
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| (d) Access and visitation rights.
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| (1) In accordance with subparagraphs (A) and (E) of | 25 |
| paragraph (3) of
subsection (c) of Section 1819
and | 26 |
| subparagraphs (A) and (E) of paragraph (3) of subsection |
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| (c) of Section
1919 of the Social Security Act, as now or | 2 |
| hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | 3 |
| 42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | 4 |
| Older Americans Act of 1965, as now or hereafter
amended | 5 |
| (42 U.S.C. 3058f), a long term care facility, supportive | 6 |
| living
facility, assisted living
establishment, and shared | 7 |
| housing establishment must:
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| (i) permit immediate access to any resident, | 9 |
| regardless of age, by a designated
ombudsman; and
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| (ii) permit representatives of the Office, with | 11 |
| the permission of the
resident's legal representative | 12 |
| or legal guardian, to examine a resident's
clinical and | 13 |
| other records, regardless of the age of the resident, | 14 |
| and if a resident is unable to consent to such
review, | 15 |
| and has no legal guardian, permit representatives of | 16 |
| the Office
appropriate access, as defined by the | 17 |
| Department, in consultation with the
Office, in | 18 |
| administrative rules, to the resident's records.
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| (2) Each long term care facility, supportive living | 20 |
| facility, assisted
living establishment, and
shared | 21 |
| housing establishment shall display, in multiple, | 22 |
| conspicuous
public places within the facility accessible | 23 |
| to both visitors and residents and
in an easily readable | 24 |
| format, the address and phone number of the Office of the
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| Long Term Care Ombudsman, in a manner prescribed by the | 26 |
| Office.
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| (e) Immunity. An ombudsman or any representative of the | 2 |
| Office participating
in the good faith performance of his or | 3 |
| her official duties
shall have immunity from any liability | 4 |
| (civil, criminal or otherwise) in
any proceedings (civil, | 5 |
| criminal or otherwise) brought as a consequence of
the | 6 |
| performance of his official duties.
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| (f) Business offenses.
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| (1) No person shall:
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| (i) Intentionally prevent, interfere with, or | 10 |
| attempt to impede in any
way any representative of the | 11 |
| Office in the performance of his
official
duties under | 12 |
| this Act and the Older Americans Act of 1965; or
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| (ii) Intentionally retaliate, discriminate | 14 |
| against, or effect reprisals
against any long term care | 15 |
| facility resident or employee for contacting or
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| providing information to any representative of the | 17 |
| Office.
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| (2) A violation of this Section is a business offense, | 19 |
| punishable by a
fine not to exceed $501.
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| (3) The Director of Aging, in consultation with the | 21 |
| Office, shall
notify the State's Attorney of the
county in | 22 |
| which the long term care facility, supportive living | 23 |
| facility, or
assisted living or shared housing | 24 |
| establishment is located,
or the Attorney General, of any | 25 |
| violations of this Section.
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| (g) Confidentiality of records and identities. The |
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| Department shall
establish procedures for the disclosure by the | 2 |
| State Ombudsman or the regional
ombudsmen
entities of files | 3 |
| maintained by the program. The procedures shall provide that
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| the files and records may be disclosed only at the discretion | 5 |
| of the State Long
Term Care
Ombudsman or the person designated | 6 |
| by the State Ombudsman to disclose the files
and records, and | 7 |
| the procedures shall prohibit the disclosure of the identity
of | 8 |
| any complainant, resident, witness, or employee of a long term | 9 |
| care provider
unless:
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| (1) the complainant, resident, witness, or employee of | 11 |
| a long term care
provider or his or her legal | 12 |
| representative consents to the disclosure and the
consent | 13 |
| is in writing;
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| (2) the complainant, resident, witness, or employee of | 15 |
| a long term care
provider gives consent orally; and the | 16 |
| consent is documented contemporaneously
in writing in
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| accordance with such requirements as the Department shall | 18 |
| establish; or
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| (3) the disclosure is required by court order.
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| (h) Legal representation. The Attorney General shall
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| provide legal representation to any representative of the | 22 |
| Office
against
whom suit or other legal action is brought in | 23 |
| connection with the
performance of the representative's | 24 |
| official duties, in accordance with the
State Employee | 25 |
| Indemnification Act.
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| (i) Treatment by prayer and spiritual means. Nothing in |
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| this Act shall
be construed to authorize or require the medical | 2 |
| supervision, regulation
or control of remedial care or | 3 |
| treatment of any resident in a long term
care facility operated | 4 |
| exclusively by and for members or adherents of any
church or | 5 |
| religious denomination the tenets and practices of which | 6 |
| include
reliance solely upon spiritual means through prayer for | 7 |
| healing.
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| (j) The Long Term Care Ombudsman Fund is created as a | 9 |
| special fund in the State treasury to receive moneys for the | 10 |
| express purposes of this Section. All interest earned on moneys | 11 |
| in the fund shall be credited to the fund. Moneys contained in | 12 |
| the fund shall be used to support the purposes of this Section. | 13 |
| (Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09; | 14 |
| revised 9-5-08.)
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| Section 10. The State Finance Act is amended by adding | 16 |
| Sections 5.719 and 5.720 as follows: | 17 |
| (30 ILCS 105/5.719 new) | 18 |
| Sec. 5.719. The Long Term Care Ombudsman Fund. | 19 |
| (30 ILCS 105/5.720 new) | 20 |
| Sec. 5.720. The Nursing Home Conversion Fund. | 21 |
| Section 15. The Nursing Home Care Act is amended by | 22 |
| changing Sections 3-103 and 3-308 as follows:
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| (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
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| Sec. 3-103. The procedure for obtaining a valid license | 3 |
| shall be as follows:
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| (1) Application to operate a facility shall be made to
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| the Department on forms furnished by the Department.
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| (2)
All license applications shall be accompanied with | 7 |
| an application fee.
The fee
for an annual license shall be | 8 |
| $995. Facilities that pay a fee or assessment pursuant to | 9 |
| Article V-C of the Illinois Public Aid Code shall be exempt | 10 |
| from the license fee imposed under this item (2). The fee | 11 |
| for a 2-year
license shall be double the fee for the annual | 12 |
| license set forth in the
preceding sentence. The
fees | 13 |
| collected
shall be deposited with the State Treasurer into | 14 |
| the Long Term Care
Monitor/Receiver Fund, which has been | 15 |
| created as a special fund in the State
treasury.
This | 16 |
| special fund is to be used by the Department for expenses | 17 |
| related to
the appointment of monitors and receivers as | 18 |
| contained in Sections 3-501
through 3-517 of this Act , for | 19 |
| the enforcement of this Act, and for implementation of the | 20 |
| Abuse Prevention Review Team Act. At the end of each fiscal | 21 |
| year, any funds in excess of $1,250,000
$1,000,000 held in | 22 |
| the Long Term Care Monitor/Receiver Fund shall be | 23 |
| distributed in the following manner: (i) an amount not to | 24 |
| exceed $250,000 shall be deposited into the Long Term Care | 25 |
| Ombudsman Fund; (ii) from the remainder, if any, an amount |
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| not to exceed $250,000 shall be deposited into the Nursing | 2 |
| Home Conversion Fund; and (iii) the remainder, if any, | 3 |
| shall be
deposited in the State's General Revenue Fund. The | 4 |
| application shall be under
oath and the submission of false | 5 |
| or misleading information shall be a Class
A misdemeanor. | 6 |
| The application shall contain the following information:
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| (a) The name and address of the applicant if an | 8 |
| individual, and if a firm,
partnership, or | 9 |
| association, of every member thereof, and in the case | 10 |
| of
a corporation, the name and address thereof and of | 11 |
| its officers and its
registered agent, and in the case | 12 |
| of a unit of local government, the name
and address of | 13 |
| its chief executive officer;
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| (b) The name and location of the facility for which | 15 |
| a license is sought;
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| (c) The name of the person or persons under whose | 17 |
| management or
supervision
the facility will be | 18 |
| conducted;
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| (d) The number and type of residents for which | 20 |
| maintenance, personal care,
or nursing is to be | 21 |
| provided; and
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| (e) Such information relating to the number, | 23 |
| experience, and training
of the employees of the | 24 |
| facility, any management agreements for the operation
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| of the facility, and of the moral character of the | 26 |
| applicant and employees
as the Department may deem |
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| necessary.
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| (3) Each initial application shall be accompanied by a | 3 |
| financial
statement setting forth the financial condition | 4 |
| of the applicant and by a
statement from the unit of local | 5 |
| government having zoning jurisdiction over
the facility's | 6 |
| location stating that the location of the facility is not | 7 |
| in
violation of a zoning ordinance. An initial application | 8 |
| for a new facility
shall be accompanied by a permit as | 9 |
| required by the "Illinois Health Facilities
Planning Act". | 10 |
| After the application is approved, the applicant shall
| 11 |
| advise the Department every 6 months of any changes in the | 12 |
| information
originally provided in the application.
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| (4) Other information necessary to determine the | 14 |
| identity and qualifications
of an applicant to operate a | 15 |
| facility in accordance with this Act shall
be included in | 16 |
| the application as required by the Department in | 17 |
| regulations.
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| (Source: P.A. 93-32, eff. 7-1-03; 93-841, eff. 7-30-04; 94-931, | 19 |
| eff. 6-26-06.)
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| (210 ILCS 45/3-308) (from Ch. 111 1/2, par. 4153-308)
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| Sec. 3-308.
In the case of a Type "A" violation, a penalty | 22 |
| may be assessed
from the date on which the violation is | 23 |
| discovered. In the case of a Type
"B" or Type "C" violation or | 24 |
| an administrative warning issued pursuant to
Sections 3-401 | 25 |
| through 3-413 or the rules promulgated thereunder, the
facility |
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| shall submit a plan of correction as
provided in Section 3-303.
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| In the case of a Type "B" violation or an administrative | 3 |
| warning issued
pursuant to Sections 3-401 through 3-413 or the | 4 |
| rules promulgated
thereunder, a penalty shall be assessed on | 5 |
| the
date of notice of the violation, but the Director may | 6 |
| reduce the amount or
waive such payment for any of the | 7 |
| following reasons:
| 8 |
| (a) The facility submits a true report of correction | 9 |
| within 10 days;
| 10 |
| (b) The facility submits a plan of correction within 10 | 11 |
| days and
subsequently submits a true report of correction | 12 |
| within 15 days thereafter;
| 13 |
| (c) The facility submits a plan of correction within 10 | 14 |
| days which
provides for a correction time that is less than | 15 |
| or equal to 30 days and
the Department approves such plan; | 16 |
| or
| 17 |
| (d) The facility submits a plan of correction for | 18 |
| violations involving
substantial capital improvements | 19 |
| which provides for correction within the
initial 90 day | 20 |
| limit provided under Section 3-303.
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| The Director or his or her designee may reduce the amount | 22 |
| of a penalty assessed pursuant to Section 3-305. A facility | 23 |
| shall submit to the Director a written request for a penalty | 24 |
| reduction, in a form prescribed by the Department, which | 25 |
| includes an accounting of all costs for goods and services | 26 |
| purchased in correcting the violation. A facility that accepts |
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| a penalty reduction under this Section waives its right to | 2 |
| dispute a notice of violation and any remaining fine or penalty | 3 |
| in an administrative hearing. The Director shall consider the | 4 |
| following factors in determinations to
reduce or waive such | 5 |
| penalties :
| 6 |
| (1) The gravity of the violation, including the | 7 |
| probability that death or serious physical or mental harm | 8 |
| to a resident will result or has resulted, the severity of | 9 |
| the actual or potential harm, and the extent to which the | 10 |
| provisions of the applicable statutes or regulations were | 11 |
| violated. The violation has not caused actual harm to a | 12 |
| resident;
| 13 |
| (2) The reasonable diligence exercised by the licensee | 14 |
| and efforts to correct violations. The facility has made a | 15 |
| diligent effort to correct the violation and
to prevent its | 16 |
| recurrence;
| 17 |
| (3) Any previous violations committed by the licensee. | 18 |
| The facility has no record of a pervasive pattern of the | 19 |
| same or
similar violations; and
| 20 |
| (4) The financial benefit to the facility of committing | 21 |
| or continuing the violation. The facility has a record of | 22 |
| substantial compliance with this Act
and the regulations | 23 |
| promulgated hereunder. | 24 |
| (5) Facility remediation of the problem beyond the | 25 |
| minimum requirements established by the applicable | 26 |
| regulations. |
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| (6) Any other factors deemed important by the Director.
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| In all determinations which result in reduction of a | 3 |
| penalty, the Department shall make available to the public, | 4 |
| upon request, information detailing those determinations. | 5 |
| If a plan of correction is approved and carried out for a | 6 |
| Type "C"
violation, the fine provided under Section 3-305 shall | 7 |
| be suspended for the
time period specified in the approved plan | 8 |
| of correction. If a plan of
correction is approved and carried | 9 |
| out for a Type "B" violation or an
administrative warning | 10 |
| issued pursuant to Sections 3-401 through 3-413 or
the rules | 11 |
| promulgated thereunder, with respect to a violation that
| 12 |
| continues after the date of notice of violation, the fine | 13 |
| provided under
Section 3-305 shall be suspended for the time | 14 |
| period specified in the
approved plan of correction.
| 15 |
| If a good faith plan of correction is not received within | 16 |
| the time
provided by Section 3-303, a penalty may be assessed | 17 |
| from the date of the
notice of the Type "B" or "C" violation or | 18 |
| an administrative warning
issued pursuant to Sections 3-401 | 19 |
| through 3-413 or the rules promulgated
thereunder served under | 20 |
| Section 3-301 until the date of the receipt of a
good faith | 21 |
| plan of correction, or until the date the violation is
| 22 |
| corrected, whichever is earlier. If a violation is not | 23 |
| corrected within the
time specified by an approved plan of | 24 |
| correction or any lawful extension
thereof, a penalty may be | 25 |
| assessed from the date of notice of the
violation, until the | 26 |
| date the violation is corrected.
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| (Source: P.A. 87-549.)
| 2 |
| Section 20. The Older Adult Services Act is amended by | 3 |
| changing Section 30 as follows: | 4 |
| (320 ILCS 42/30)
| 5 |
| Sec. 30. Nursing home conversion program. | 6 |
| (a) The Department of Public Health, in collaboration with | 7 |
| the Department on Aging and the Department of Healthcare and | 8 |
| Family Services, shall establish a nursing home conversion | 9 |
| program. Start-up grants, pursuant to subsections (l) and (m) | 10 |
| of this Section, shall be made available to nursing homes as | 11 |
| appropriations permit as an incentive to reduce certified beds, | 12 |
| retrofit, and retool operations to meet new service delivery | 13 |
| expectations and demands. | 14 |
| (b) Grant moneys shall be made available for capital and | 15 |
| other costs related to: (1) the conversion of all or a part of | 16 |
| a nursing home to an assisted living establishment or a special | 17 |
| program or unit for persons with Alzheimer's disease or related | 18 |
| disorders licensed under the Assisted Living and Shared Housing | 19 |
| Act or a supportive living facility established under Section | 20 |
| 5-5.01a of the Illinois Public Aid Code; (2) the conversion of | 21 |
| multi-resident bedrooms in the facility into single-occupancy | 22 |
| rooms; and (3) the development of any of the services | 23 |
| identified in a priority service plan that can be provided by a | 24 |
| nursing home within the confines of a nursing home or |
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| transportation services. Grantees shall be required to provide | 2 |
| a minimum of a 20% match toward the total cost of the project. | 3 |
| (c) Nothing in this Act shall prohibit the co-location of | 4 |
| services or the development of multifunctional centers under | 5 |
| subsection (f) of Section 20, including a nursing home offering | 6 |
| community-based services or a community provider establishing | 7 |
| a residential facility. | 8 |
| (d) A certified nursing home with at least 50% of its | 9 |
| resident population having their care paid for by the Medicaid | 10 |
| program is eligible to apply for a grant under this Section. | 11 |
| (e) Any nursing home receiving a grant under this Section | 12 |
| shall reduce the number of certified nursing home beds by a | 13 |
| number equal to or greater than the number of beds being | 14 |
| converted for one or more of the permitted uses under item (1) | 15 |
| or (2) of subsection (b). The nursing home shall retain the | 16 |
| Certificate of Need for its nursing and sheltered care beds | 17 |
| that were converted for 15 years. If the beds are reinstated by | 18 |
| the provider or its successor in interest, the provider shall | 19 |
| pay to the fund from which the grant was awarded, on an | 20 |
| amortized basis, the amount of the grant. The Department shall | 21 |
| establish, by rule, the bed reduction methodology for nursing | 22 |
| homes that receive a grant pursuant to item (3) of subsection | 23 |
| (b). | 24 |
| (f) Any nursing home receiving a grant under this Section | 25 |
| shall agree that, for a minimum of 10 years after the date that | 26 |
| the grant is awarded, a minimum of 50% of the nursing home's |
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| resident population shall have their care paid for by the | 2 |
| Medicaid program. If the nursing home provider or its successor | 3 |
| in interest ceases to comply with the requirement set forth in | 4 |
| this subsection, the provider shall pay to the fund from which | 5 |
| the grant was awarded, on an amortized basis, the amount of the | 6 |
| grant. | 7 |
| (g) Before awarding grants, the Department of Public Health | 8 |
| shall seek recommendations from the Department on Aging and the | 9 |
| Department of Healthcare and Family Services. The Department of | 10 |
| Public Health shall attempt to balance the distribution of | 11 |
| grants among geographic regions, and among small and large | 12 |
| nursing homes. The Department of Public Health shall develop, | 13 |
| by rule, the criteria for the award of grants based upon the | 14 |
| following factors:
| 15 |
| (1) the unique needs of older adults (including those | 16 |
| with moderate and low incomes), caregivers, and providers | 17 |
| in the geographic area of the State the grantee seeks to | 18 |
| serve; | 19 |
| (2) whether the grantee proposes to provide services in | 20 |
| a priority service area; | 21 |
| (3) the extent to which the conversion or transition | 22 |
| will result in the reduction of certified nursing home beds | 23 |
| in an area with excess beds; | 24 |
| (4) the compliance history of the nursing home; and | 25 |
| (5) any other relevant factors identified by the | 26 |
| Department, including standards of need. |
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| (h) A conversion funded in whole or in part by a grant | 2 |
| under this Section must not: | 3 |
| (1) diminish or reduce the quality of services | 4 |
| available to nursing home residents; | 5 |
| (2) force any nursing home resident to involuntarily | 6 |
| accept home-based or community-based services instead of | 7 |
| nursing home services; | 8 |
| (3) diminish or reduce the supply and distribution of | 9 |
| nursing home services in any community below the level of | 10 |
| need, as defined by the Department by rule; or | 11 |
| (4) cause undue hardship on any person who requires | 12 |
| nursing home care. | 13 |
| (i) The Department shall prescribe, by rule, the grant | 14 |
| application process. At a minimum, every application must | 15 |
| include: | 16 |
| (1) the type of grant sought; | 17 |
| (2) a description of the project; | 18 |
| (3) the objective of the project; | 19 |
| (4) the likelihood of the project meeting identified | 20 |
| needs; | 21 |
| (5) the plan for financing, administration, and | 22 |
| evaluation of the project; | 23 |
| (6) the timetable for implementation;
| 24 |
| (7) the roles and capabilities of responsible | 25 |
| individuals and organizations; | 26 |
| (8) documentation of collaboration with other service |
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| providers, local community government leaders, and other | 2 |
| stakeholders, other providers, and any other stakeholders | 3 |
| in the community;
| 4 |
| (9) documentation of community support for the | 5 |
| project, including support by other service providers, | 6 |
| local community government leaders, and other | 7 |
| stakeholders; | 8 |
| (10) the total budget for the project;
| 9 |
| (11) the financial condition of the applicant; and | 10 |
| (12) any other application requirements that may be | 11 |
| established by the Department by rule.
| 12 |
| (j) A conversion project funded in whole or in part by a | 13 |
| grant under this Section is exempt from the requirements of the | 14 |
| Illinois Health Facilities Planning Act.
The Department of | 15 |
| Public Health, however, shall send to the Health Facilities | 16 |
| Planning Board a copy of each grant award made under this | 17 |
| Section. | 18 |
| (k) Applications for grants are public information, except | 19 |
| that nursing home financial condition and any proprietary data | 20 |
| shall be classified as nonpublic data.
| 21 |
| (l) The Department of Public Health may award grants from | 22 |
| the Long Term Care Civil Money Penalties Fund established under | 23 |
| Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR | 24 |
| 488.422(g) if the award meets federal requirements.
| 25 |
| (m) The Nursing Home Conversion Fund is created as a | 26 |
| special fund in the State treasury. Moneys appropriated by the |
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| General Assembly or transferred from other sources for the | 2 |
| purposes of this Section shall be deposited into the Fund. All | 3 |
| interest earned on moneys in the fund shall be credited to the | 4 |
| fund. Moneys contained in the fund shall be used to support the | 5 |
| purposes of this Section. | 6 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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