State of Illinois
91st General Assembly

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[ Introduced ][ Senate Amendment 001 ]


HB1617 Engrossed                               LRB9105187ACtm

 1        AN  ACT  to  amend  the Nursing Home Care Act by changing
 2    Section 3-119.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Nursing  Home  Care  Act is amended by
 6    changing Section 3-119 as follows:

 7        (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
 8        Sec. 3-119.  (a) The  Department,  after  notice  to  the
 9    applicant or licensee, may suspend, revoke or refuse to renew
10    a  license  in any case in which the  Department finds any of
11    the following:
12             (1)  There has been a substantial failure to  comply
13        with this Act or the rules and regulations promulgated by
14        the Department under this Act.;
15             (2)  Conviction  of  the  licensee, or of the person
16        designated to manage or  supervise  the  facility,  of  a
17        felony,  or  of  2  or  more misdemeanors involving moral
18        turpitude, during the previous 5  years  as  shown  by  a
19        certified copy of the record of the court of conviction.;
21             (3)  Personnel   is   insufficient   in   number  or
22        unqualified by training or experience  to  properly  care
23        for  the  number  and  type  of  residents  served by the
24        facility.;
25             (4)  Financial or other resources  are  insufficient
26        to  conduct  and  operate the facility in accordance with
27        standards promulgated by the Department under this  Act.;
28        and
29             (5)  The   facility   is   not   under   the  direct
30        supervision of a full-time administrator, as  defined  by
31        regulation,  who  is  licensed,  if  required,  under the

HB1617 Engrossed            -2-                LRB9105187ACtm
 1        Nursing Home Administrators Licensing Act.
 2             (6)  The  facility  has  barred  a   resident   from
 3        receiving   visitors  during  otherwise  normal  visiting
 4        hours, unless the resident requests the bar or the bar is
 5        imposed by court order.
 6        (b)  Notice under this Section shall include a clear  and
 7    concise  statement  of the violations on which the nonrenewal
 8    or revocation is based, the  statute  or  rule  violated  and
 9    notice of the opportunity for a hearing under Section 3-703.
10        (c)  If  a  facility desires to contest the nonrenewal or
11    revocation of a license, the facility shall, within  10  days
12    after receipt of notice under subsection (b) of this Section,
13    notify the Department in writing of its request for a hearing
14    under  Section  3-703.   Upon  receipt  of  the  request  the
15    Department  shall  send  notice  to  the  facility and hold a
16    hearing as provided under Section 3-703.
17        (d)  The effective date of nonrenewal or revocation of  a
18    license by the Department shall be any of the following:
19             (1)  Until  otherwise  ordered by the circuit court,
20        revocation is effective on the date set by the Department
21        in the notice of revocation, or upon final  action  after
22        hearing under Section 3-703, whichever is later;
23             (2)  Until  otherwise  ordered by the circuit court,
24        nonrenewal is effective on the date of expiration of  any
25        existing  license,  or  upon  final  action after hearing
26        under Section  3-703,  whichever  is  later;  however,  a
27        license  shall  not  be  deemed  to  have  expired if the
28        Department fails to timely respond to  a  timely  request
29        for  renewal  under  this Act or for a hearing to contest
30        nonrenewal under paragraph (c); or
31             (3)  The Department may extend the effective date of
32        license revocation or expiration in any case in order  to
33        permit orderly removal and relocation of residents.
34        The  Department  may  refuse  to issue or may suspend the
HB1617 Engrossed            -3-                LRB9105187ACtm
 1    license of any person who fails to file a return, or  to  pay
 2    the  tax,  penalty or interest shown in a filed return, or to
 3    pay any final assessment of  tax,  penalty  or  interest,  as
 4    required   by  any  tax  Act  administered  by  the  Illinois
 5    Department of Revenue, until such time as the requirements of
 6    any such tax Act are satisfied.
 7    (Source: P.A. 85-1337.)

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