Full Text of HB3398 99th General Assembly
HB3398ham002 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3398
| 2 | | AMENDMENT NO. ______. Amend House Bill 3398, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Nursing Home Care Act is amended by | 6 | | changing Section 3-303.1 as follows:
| 7 | | (210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
| 8 | | Sec. 3-303.1. Waiver of requirements. | 9 | | (a) Upon application by a facility, the Director may grant
| 10 | | or renew the waiver of the facility's compliance with a rule or | 11 | | standard
for a period not to exceed the duration of the current | 12 | | license or, in the
case of an application for license renewal, | 13 | | the duration of the renewal
period. The waiver may be | 14 | | conditioned upon the
facility taking action
prescribed by the | 15 | | Director as a measure equivalent to compliance.
In determining | 16 | | whether to grant or renew a waiver, the Director shall consider
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| 1 | | the duration and basis for any current waiver with respect to | 2 | | the same rule
or standard and the validity and effect upon | 3 | | patient health and safety of
extending it on the same basis, | 4 | | the effect upon the health and safety of
residents, the quality | 5 | | of resident
care, the facility's history of compliance with the | 6 | | rules and standards
of this Act and the facility's attempts to | 7 | | comply
with the particular rule or standard in question. | 8 | | (b) The Department may
provide, by rule, for the automatic | 9 | | renewal of waivers concerning physical
plant requirements upon | 10 | | the renewal of a license. The Department shall
renew waivers | 11 | | relating to physical plant standards issued pursuant to this
| 12 | | Section at the time of the indicated reviews, unless it can | 13 | | show why such
waivers should not be extended for the following | 14 | | reasons:
| 15 | | (1) (a) the condition of the physical plant has | 16 | | deteriorated or its use
substantially changed so that the | 17 | | basis upon which the waiver was issued is
materially | 18 | | different; or
| 19 | | (2) (b) the facility is renovated or substantially | 20 | | remodeled in such a way
as to permit compliance with the | 21 | | applicable rules and standards without
substantial | 22 | | increase in cost.
| 23 | | (c) Upon application by a facility, the Director may grant | 24 | | or renew a waiver of the registered nurse staffing requirements | 25 | | contained in subsection (e) of Section 3-202.05, considering | 26 | | the criteria in subsection (a), if the facility demonstrates to |
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| 1 | | the Director's satisfaction that the facility is unable, | 2 | | despite diligent efforts, including offering wages at a | 3 | | competitive rate for registered nurses in the community, to | 4 | | employ the required number of registered nurses. Waivers | 5 | | granted under this subsection shall be reviewed quarterly by | 6 | | the Department, including requiring a demonstration by the | 7 | | facility that it has continued to make diligent efforts to | 8 | | employ the required number of registered nurses, and shall be | 9 | | revoked for noncompliance with any of the following | 10 | | requirements: | 11 | | (1) For periods in which the number of registered | 12 | | nurses required by law is not in the facility, a physician | 13 | | or registered nurse shall respond immediately to a | 14 | | telephone call from the facility. | 15 | | (2) The facility shall notify the following of the | 16 | | waiver: the Office of the State Long Term Care Ombudsman, | 17 | | the residents of the facility, the residents' guardians, | 18 | | and the residents' representatives. | 19 | | (d) A copy of each waiver application and each waiver | 20 | | granted or renewed shall
be on file with the Department and | 21 | | available for public inspection. The
Director shall annually | 22 | | review such file and recommend to the Long Term
Care Facility | 23 | | Advisory Board any modification in rules or standards suggested
| 24 | | by the number and nature of waivers requested and granted and | 25 | | the difficulties
faced in compliance by similarly situated | 26 | | facilities.
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| 1 | | (Source: P.A. 85-1216.)".
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