Public Act 097-0489
 
HB1380 EnrolledLRB097 07241 RPM 47349 b


  
    AN ACT concerning health facilities.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by changing Section 2310-130 as follows:
 
    (20 ILCS 2310/2310-130)  (was 20 ILCS 2310/55.82)
    Sec. 2310-130. Medicare or Medicaid certification fee;

Health Care Facility and Program Survey
Fund.  To establish and 
charge a fee to any facility or program applying to be

certified to participate in the Medicare
program under Title 
XVIII of the federal Social Security Act or in the Medicaid

program under Title XIX of the federal Social Security Act to 
cover the costs
associated with the application, inspection, 
and survey of the facility or
program and processing of the 
application.  The Department shall establish
the
fee by rule, 
and the fee shall be based only on those application,

inspection,
and survey and processing costs not reimbursed to 
the State by the federal
government.  The fee shall be paid by 
the facility or program before the
application is processed.
    The fees received by the Department under this Section 
shall be
deposited into the Health Care Facility and Program 
Survey Fund, which is
hereby created as a special fund in the 
State treasury.  Moneys in the Fund
shall be appropriated to the 
Department and may be used for any costs incurred
by the 
Department, including personnel costs, in the processing of

applications for Medicare or Medicaid certification.
    Beginning July 1, 2011, the Department shall employ a 
minimum of one surveyor for every 500 licensed long term care 
beds. Beginning July 1, 2012, the Department shall employ a 
minimum of one surveyor for every 400 licensed long term care 
beds. Beginning July 1, 2013, the Department shall employ a 
minimum of one surveyor for every 300 licensed long term care 
beds. 
    The Department shall establish a surveyor development unit 
funded from money deposited in the Long Term Care 
Monitor/Receiver Fund. 
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 10. The Nursing Home Care Act is amended  by 
changing Section 3-103 as follows:
 



    (210 ILCS 45/3-103)  (from Ch. 111 1/2, par. 4153-103)



    Sec. 3-103. The procedure for obtaining a valid license 
shall be as follows: 

        (1) Application to operate a facility shall be made to

    the Department on forms furnished by the Department.

        (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. 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, for expenses 
    related to surveyor development, and for implementation of 
    the Abuse Prevention Review Team Act. All federal moneys 
    received as a result of expenditures from the Fund shall be 
    deposited into the Fund. 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. 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:


            (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;

            (b) The name and location of the facility for which 
        a license is sought;


            (c) The name of the person or persons under whose 
        management or
supervision
the facility will be 
        conducted;


            (d) The number and type of residents for which 
        maintenance, personal care,
or nursing is to be 
        provided; and


            (e) Such information relating to the number, 
        experience, and training
of the employees of the 
        facility, any management agreements for the operation

        of the facility, and of the moral character of the 
        applicant and employees
as the Department may deem 
        necessary.

        (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

    advise the Department every 6 months of any changes in the 
    information
originally provided in the application.

        (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.

(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; 
96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised 
2-23-11.)