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| Public Act 096-1504 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing | ||||
Sections 3-103 and 3-202.05 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 | ||||
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 | ||||
an application fee.
The fee
for an annual license shall be | ||||
$1,990. Facilities that pay a fee or assessment pursuant to | ||||
Article V-C of the Illinois Public Aid Code shall be exempt | ||||
from the license fee imposed under this item (2). The fee | ||||
for a 2-year
license shall be double the fee for the annual | ||||
license set forth in the
preceding sentence. The
fees | ||||
collected
shall be deposited with the State Treasurer into | ||||
the Long Term Care
Monitor/Receiver Fund, which has been | ||||
created as a special fund in the State
treasury.
This | ||||
special fund is to be used by the Department for expenses | ||||
related to
the appointment of monitors and receivers as | ||||
contained in Sections 3-501
through 3-517 of this Act, for | ||||
the enforcement of this Act, and for implementation of the | ||
Abuse Prevention Review Team Act. The Department may reduce | ||
or waive a penalty pursuant to Section 3-308 only if that | ||
action will not threaten the ability of the Department to | ||
meet the expenses required to be met by the Long Term Care | ||
Monitor/Receiver Fund. At the end of each fiscal year, any | ||
funds in excess of
$1,000,000 held in the Long Term Care | ||
Monitor/Receiver Fund shall be
deposited in the State's | ||
General Revenue Fund. The application shall be under
oath | ||
and the submission of false or misleading information shall | ||
be a Class
A misdemeanor. The application shall contain the | ||
following information:
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(a) The name and address of the applicant if an | ||
individual, and if a firm,
partnership, or | ||
association, of every member thereof, and in the case | ||
of
a corporation, the name and address thereof and of | ||
its officers and its
registered agent, and in the case | ||
of a unit of local government, the name
and address of | ||
its chief executive officer;
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(b) The name and location of the facility for which | ||
a license is sought;
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(c) The name of the person or persons under whose | ||
management or
supervision
the facility will be | ||
conducted;
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(d) The number and type of residents for which | ||
maintenance, personal care,
or nursing is to be | ||
provided; and
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(e) Such information relating to the number, | ||
experience, and training
of the employees of the | ||
facility, any management agreements for the operation
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of the facility, and of the moral character of the | ||
applicant and employees
as the Department may deem | ||
necessary.
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(3) Each initial application shall be accompanied by a | ||
financial
statement setting forth the financial condition | ||
of the applicant and by a
statement from the unit of local | ||
government having zoning jurisdiction over
the facility's | ||
location stating that the location of the facility is not | ||
in
violation of a zoning ordinance. An initial application | ||
for a new facility
shall be accompanied by a permit as | ||
required by the "Illinois Health Facilities
Planning Act". | ||
After the application is approved, the applicant shall
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advise the Department every 6 months of any changes in the | ||
information
originally provided in the application.
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(4) Other information necessary to determine the | ||
identity and qualifications
of an applicant to operate a | ||
facility in accordance with this Act shall
be included in | ||
the application as required by the Department in | ||
regulations.
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(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-202.05) | ||
Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | ||
thereafter. | ||
(a) For the purpose of computing staff to resident ratios, | ||
direct care staff shall include: | ||
(1) registered nurses; | ||
(2) licensed practical nurses; | ||
(3) certified nurse assistants; | ||
(4) psychiatric services rehabilitation aides; | ||
(5) rehabilitation and therapy aides; | ||
(6) psychiatric services rehabilitation coordinators; | ||
(7) assistant directors of nursing; | ||
(8) 50% of the Director of Nurses' time; and | ||
(9) 30% of the Social Services Directors' time. | ||
The Department shall, by rule, allow certain facilities | ||
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | ||
S) and 300.6000 and following (Subpart T) to utilize | ||
specialized clinical staff, as defined in rules, to count | ||
towards the staffing ratios. | ||
(b) Beginning January July 1, 2011, and thereafter, light | ||
intermediate care shall be staffed at the same staffing ratio | ||
as intermediate care. | ||
(c) Facilities shall notify the Department within 60 days | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly, in a form and manner prescribed by the | ||
Department, of the staffing ratios in effect on the effective | ||
date of this amendatory Act of the 96th General Assembly for | ||
both intermediate and skilled care and the number of residents | ||
receiving each level of care. | ||
(d)(1) Effective July 1, 2010, for each resident needing | ||
skilled care, a minimum staffing ratio of 2.5 hours of nursing | ||
and personal care each day must be provided; for each resident | ||
needing intermediate care, 1.7 hours of nursing and personal | ||
care each day must be provided. | ||
(2) Effective January 1, 2011, the minimum staffing | ||
ratios shall be increased to 2.7 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 1.9 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(3) Effective January 1, 2012, the minimum staffing | ||
ratios shall be increased to 3.0 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 2.1 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(4) Effective January 1, 2013, the minimum staffing | ||
ratios shall be increased to 3.4 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 2.3 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(5) Effective January 1, 2014, the minimum staffing | ||
ratios shall be increased to 3.8 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 2.5 hours of nursing and personal care each day for a | ||
resident needing intermediate care.
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(Source: P.A. 96-1372, eff. 7-29-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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