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| Public Act 096-0703 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Veterans Affairs Act is | ||||
amended by changing Section 2.10 as follows:
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(20 ILCS 2805/2.10)
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Sec. 2.10. Conflicts with the Nursing Home Care Act. If | ||||
there is a
conflict between the provisions of this Act and the | ||||
provisions of the
Nursing Home Care Act concerning an Illinois | ||||
Veterans Home not operated by the
Department of Veterans' | ||||
Affairs, then the provisions of the Nursing Home Care
Act shall | ||||
apply. If there is a conflict between the provisions of this
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Act and the provisions of the Nursing Home Care Act concerning
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an Illinois Veterans Home operated by the Illinois Department
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of Veterans' Affairs, then the provisions of this Act shall | ||||
apply.
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(Source: P.A. 90-168, eff. 7-23-97.)
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Section 10. The Nursing Home Care Act is amended by adding | ||||
Sections 3-101.5 and 3-308.5 as follows: | ||||
(210 ILCS 45/3-101.5 new) | ||||
Sec. 3-101.5. Illinois Veterans Homes. An Illinois | ||||
Veterans Home licensed under this Act and operated by the | ||
Illinois Department of Veterans' Affairs is exempt from the | ||
license fee provisions of Section 3-103 of this Act and the | ||
provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, | ||
3-302, 3-303, 3-401 through 3-423, 3-503 through 3-517, and | ||
3-603 through 3-607 of this Act. A monitor or receiver shall be | ||
placed in an Illinois Veterans Home only by court order or by | ||
agreement between the Director of Public Health, the Director | ||
of Veterans' Affairs, and the Secretary of the United States | ||
Department of Veterans Affairs. | ||
(210 ILCS 45/3-308.5 new) | ||
Sec. 3-308.5. Facilities operated by Department of | ||
Veterans' Affairs; penalty offset. | ||
(a) In the case of a veterans home, institution, or other | ||
place operated by or under the authority of the Illinois | ||
Department of Veterans' Affairs, the amount of any penalty or | ||
fine shall be offset by the cost of the plan of correction, | ||
capital improvements, or physical plant repairs. For purposes | ||
of this Section only, "offset" means that the amount that the | ||
Illinois Department of Veterans' Affairs expends to pay for the | ||
cost of a plan of correction shall be deemed by the Illinois | ||
Department of Public Health to fully satisfy any monetary | ||
penalty or fine imposed by the Department of Public Health. | ||
Once a fine or monetary penalty is offset pursuant to this | ||
Section, in no case may the Department of Public Health, with | ||
respect to the offense for which the fine or penalty was | ||
levied, continue to purport to impose a fine or monetary | ||
penalty upon the Department of Veterans' Affairs for that | ||
violation. | ||
(b) The Director of Public Health shall issue a Declaration | ||
to the Director of Veterans' Affairs confirming the citation of | ||
each Type "A" violation and request that immediate action be | ||
taken to protect the health and safety of the veterans in the | ||
facility.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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