96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0321


 
Introduced 2/6/2009, by Sen. Dan Kotowski
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 45/3-310
  from Ch. 111 1/2, par. 4153-310







    Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.
















LRB096 03661 DRJ 13689 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0321

LRB096 03661 DRJ 13689 b






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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 Nursing Home Care Act is amended  by changing 
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Section 3-310 as follows:
 



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    (210 ILCS 45/3-310)  (from Ch. 111 1/2, par. 4153-310)



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    Sec. 3-310. Collection of penalties. 
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    (a) Except as provided in subsection (b), all All penalties 
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shall be paid to the Department within 10 days
of receipt of 
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notice of assessment or, if the penalty is contested under

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Section 3-309, within 10 days of receipt of the final decision, 
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unless the
decision is appealed and the order is stayed by 
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court order under Section
3-713.  A penalty assessed under this 
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Act shall be collected by the
Department and shall be deposited 
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with the State Treasurer into the Long
Term Care 
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Monitor/Receiver Fund. If the person or facility against whom a

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penalty has been assessed does not comply with a written demand 
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for payment
within 30 days, the Director shall issue an order 
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to do any of the following:


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        (1) Direct the State Treasurer to deduct the amount of 
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    the fine from
amounts otherwise due from the State for the 
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    penalty and remit that amount
to the Department;


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        (2) Add the amount of the penalty to the facility's 
 


 






SB0321
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LRB096 03661 DRJ 13689 b




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    licensing fee; if
the licensee refuses to make the payment 
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    at the time of application for
renewal of its license, the 
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    license shall not be renewed; or


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        (3) Bring an action in circuit court to recover the 
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    amount of the penalty.

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    (b) If the Director determines that it would be in the best 
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interests of the residents of a facility to do so, the Director 
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may require that the facility use the amount of any penalty 
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assessed under this Act for the purpose of implementing a 
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directed plan of correction rather than pay the amount of the 
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penalty to the Department as provided in subsection (a). If the 
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Director requires a facility to use the amount of a penalty for 
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the purpose of implementing a directed plan of correction as 
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provided in this subsection, it is the Department's 
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responsibility to ensure that the facility in fact uses the 
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amount of the penalty for that purpose. 
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    (c) With the approval of the federal centers for Medicaid 
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and Medicare
services,
the Director of Public Health shall set 
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aside 50% of the federal civil monetary
penalties collected 
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each year to be used to
award
grants under the Innovations in 
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Long-term Care Quality Grants
Act.

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(Source: P.A. 92-784, eff. 8-6-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.