Public Act 0938 103RD GENERAL ASSEMBLY
 

 
Public Act 103-0938
 
SB3112 EnrolledLRB103 37124 CES 67243 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Nursing Home Care Act is amended by 
changing Section 2-204 as follows:
 
    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
    Sec. 2-204. The Director shall appoint a Long-Term Care 
Facility Advisory Board to consult with the Department and the 
residents' advisory councils created under Section 2-203.
    (a) The Board shall be comprised of the following persons:
        (1) The Director who shall serve as chairman, ex 
    officio and nonvoting; and
        (2) One representative each of the Department of 
    Healthcare and Family Services, the Department of Human 
    Services, the Department on Aging, and the Office of the 
    State Fire Marshal, all nonvoting members;
        (2.5) One member who represents local health 
    departments who is a nonvoting member; 
        (3) One member who shall be a physician licensed to 
    practice medicine in all its branches;
        (4) One member who shall be a registered nurse 
    selected from the recommendations of professional nursing 
    associations;
        (5) Four members who shall be selected from the 
    recommendations by organizations whose membership consists 
    of facilities;
        (6) Two members who shall represent the general public 
    who are not members of a residents' advisory council 
    established under Section 2-203 and who have no 
    responsibility for management or formation of policy or 
    financial interest in a facility;
        (7) One member who is a member of a residents' 
    advisory council established under Section 2-203 and is 
    capable of actively participating on the Board; and
        (8) One member who shall be selected from the 
    recommendations of consumer organizations which engage 
    solely in advocacy or legal representation on behalf of 
    residents and their immediate families.
    (b) The terms of those members of the Board appointed 
prior to the effective date of this amendatory Act of 1988 
shall expire on December 31, 1988. Members of the Board 
created by this amendatory Act of 1988 shall be appointed to 
serve for terms as follows: 3 for 2 years, 3 for 3 years and 3 
for 4 years. The member of the Board added by this amendatory 
Act of 1989 shall be appointed to serve for a term of 4 years. 
Each successor member shall be appointed for a term of 4 years. 
Any member appointed to fill a vacancy occurring prior to the 
expiration of the term for which his predecessor was appointed 
shall be appointed for the remainder of such term. The Board 
shall meet as frequently as the chairman deems necessary, but 
not less than 4 times each year. Upon request by 4 or more 
members the chairman shall call a meeting of the Board. The 
affirmative vote of a simple majority of a quorum 6 members of 
the Board shall be necessary for Board action. A quorum shall 
be a majority of appointed voting members. A member of the 
Board can designate a replacement to serve at the Board 
meeting and vote in place of the member by submitting a letter 
of designation to the chairman prior to or at the Board 
meeting. The Board members shall be reimbursed for their 
actual expenses incurred in the performance of their duties.
    (c) The Advisory Board shall advise the Department of 
Public Health on all aspects of its responsibilities under 
this Act and the Specialized Mental Health Rehabilitation Act 
of 2013, including the format and content of any rules 
promulgated by the Department of Public Health. All draft 
rules and documents shall be provided at least 7 days prior to 
a meeting for all board members to review. Any such rules, 
except emergency rules promulgated pursuant to Section 5-45 of 
the Illinois Administrative Procedure Act, promulgated without 
obtaining the advice of the Advisory Board are null and void. 
In the event that the Department fails to follow the advice of 
the Board, the Department shall, prior to the promulgation of 
such rules, transmit a written explanation of the reason 
thereof to the Board. During its review of rules, the Board 
shall analyze the economic and regulatory impact of those 
rules. If the Advisory Board, having been asked for its 
advice, fails to advise the Department within 90 days, the 
rules shall be considered acted upon. In order to provide 
appropriate feedback, Board meetings shall be conducted within 
the 90-day window. If the Board does not meet within the 90 
days, the 90-day window shall be extended for not more than 45 
days to ensure the Board has had an opportunity to act upon the 
proposed rules. 
(Source: P.A. 102-432, eff. 8-20-21.)
 
    Section 10. The ID/DD Community Care Act is amended by 
changing Section 2-204 as follows:
 
    (210 ILCS 47/2-204)
    Sec. 2-204. DD Facility Advisory Board. The Director shall 
appoint a DD Facility Advisory Board to consult with the 
Department and the residents' advisory councils created under 
Section 2-203.
    (a) The Advisory Board shall be composed of the following 
persons:
        (1) the Director who shall serve as chairperson, ex 
    officio, and nonvoting;
        (2) one representative each of the Department of 
    Healthcare and Family Services, the Department of Human 
    Services, and the Office of the State Fire Marshal, all 
    nonvoting members;
        (3) one member who shall be a physician licensed to 
    practice medicine in all its branches;
        (4) one member who shall be a behavioral specialist 
    selected from the recommendations of the Department of 
    Human Services;
        (5) three members who shall be selected from the 
    recommendations by organizations whose membership consists 
    of facilities;
        (6) two members who shall represent the general public 
    who are not members of a residents' advisory council 
    established under Section 2-203 and who have no 
    responsibility for management or formation of policy or 
    financial interest in a facility;
        (7) one member who is a member of a residents' 
    advisory council established under Section 2-203 and is 
    capable of actively participating on the Advisory Board; 
    and
        (8) one member who shall be selected from the 
    recommendations of consumer organizations that engage 
    solely in advocacy or legal representation on behalf of 
    residents and their immediate families. 
    (b) The Advisory Board shall meet as frequently as the 
chairperson deems necessary, but not less than 4 times each 
year. Upon request by 4 or more members, the chairperson shall 
call a meeting of the Advisory Board. The affirmative vote of a 
simple majority of a quorum 6 members of the Advisory Board 
shall be necessary for Advisory Board action. A quorum shall 
be a majority of appointed voting members. A member of the 
Advisory Board may designate a replacement to serve at the 
Advisory Board meeting and vote in place of the member by 
submitting a letter of designation to the chairperson prior to 
or at the Advisory Board meeting. The Advisory Board members 
shall be reimbursed for their actual expenses incurred in the 
performance of their duties.
    (c) The Advisory Board shall advise the Department of 
Public Health on all aspects of its responsibilities under 
this Act, including the format and content of any rules 
promulgated by the Department of Public Health. All draft 
rules and documents shall be provided at least 7 days prior to 
a meeting for all board members to review. Any such rules, 
except emergency rules promulgated pursuant to Section 5-45 of 
the Illinois Administrative Procedure Act, promulgated without 
obtaining the advice of the Advisory Board are null and void. 
If the Department fails to follow the advice of the Advisory 
Board, the Department shall, prior to the promulgation of such 
rules, transmit a written explanation of the reason therefor 
to the Advisory Board. During its review of rules, the 
Advisory Board shall analyze the economic and regulatory 
impact of those rules. If the Advisory Board, having been 
asked for its advice, fails to advise the Department within 90 
days, the rules shall be considered acted upon. In order to 
provide appropriate feedback, Board meetings shall be 
conducted within the 90-day window. If the Board does not meet 
within the 90 days, the 90-day window shall be extended for not 
more than 45 days to ensure the Board has had an opportunity to 
act upon the proposed rules. 
(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.)