Rep. Elgie R. Sims, Jr.
Filed: 3/24/2014
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1 | AMENDMENT TO HOUSE BILL 4751
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2 | AMENDMENT NO. ______. Amend House Bill 4751 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Nursing Home Care Act is amended by | ||||||
5 | changing Sections 3-304, 3-304.2, 3-402, 3-501, and 3-502 as | ||||||
6 | follows:
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7 | (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304)
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8 | Sec. 3-304. (a) The Department shall prepare on a quarterly | ||||||
9 | basis a
list containing the names and addresses of all | ||||||
10 | facilities against which
the Department during the previous | ||||||
11 | quarter has:
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12 | (1) sent a notice under Section 3-307 regarding a
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13 | penalty assessment under subsection (1) of Section 3-305;
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14 | (2) sent a notice of license revocation under Section | ||||||
15 | 3-119;
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16 | (3) sent a notice refusing renewal of a license under |
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1 | Section 3-119;
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2 | (4) sent a notice to suspend a license under Section | ||||||
3 | 3-119;
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4 | (5) issued a conditional license for violations that | ||||||
5 | have not been
corrected under Section 3-303 or penalties or | ||||||
6 | fines described
under Section 3-305 have been assessed | ||||||
7 | under
Section 3-307 or 3-308;
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8 | (6) placed a monitor under Section 3-304.2 subsections | ||||||
9 | (a), (b) and (c) of Section 3-501
and under subsection (d) | ||||||
10 | of such Section where license revocation or
nonrenewal | ||||||
11 | notices have also been issued ;
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12 | (7) initiated an action to appoint a receiver;
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13 | (8) recommended to the Director of Healthcare and | ||||||
14 | Family Services (formerly Director of the Department of | ||||||
15 | Public Aid), or the
Secretary of the United States | ||||||
16 | Department of Health and Human Services, the
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17 | decertification for violations in relation to patient care | ||||||
18 | of a facility
pursuant to Titles XVIII and XIX of the | ||||||
19 | federal Social Security Act.
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20 | (b) In addition to the name and address of the facility, | ||||||
21 | the list shall
include the name and address of the person or | ||||||
22 | licensee against whom the
action has been initiated, a | ||||||
23 | self-explanatory summary of the facts which
warranted the | ||||||
24 | initiation of each action, the type of action initiated, the
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25 | date of the initiation of the action, the amount of the penalty | ||||||
26 | sought to
be assessed, if any, and the final disposition of the |
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1 | action, if completed.
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2 | (c) The list shall be available to any member of the public | ||||||
3 | upon oral
or written request without charge.
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4 | (Source: P.A. 95-331, eff. 8-21-07.)
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5 | (210 ILCS 45/3-304.2) | ||||||
6 | Sec. 3-304.2. Designation of distressed facilities. | ||||||
7 | (a) Placement of monitors and receivers. Notwithstanding | ||||||
8 | any other provision of this Act, all monitors and receivers | ||||||
9 | placed in facilities licensed under this Act shall be assigned | ||||||
10 | in compliance with this Section. Costs associated with the | ||||||
11 | placement of monitors and receivers shall be paid from civil | ||||||
12 | monetary penalties collected by the Department. | ||||||
13 | (b) Identification of distressed facilities. The | ||||||
14 | Department shall adopt by rule criteria for identifying | ||||||
15 | facilities as distressed and for the placement of monitors, | ||||||
16 | which shall include the events set forth in Section 3-501 of | ||||||
17 | this Act. | ||||||
18 | (c) Notice. The Department shall notify each facility in | ||||||
19 | writing of its designation as a distressed facility and of the | ||||||
20 | calculation on which it is based. The notice shall provide the | ||||||
21 | form and manner by which a facility may seek an appeal of this | ||||||
22 | designation. No further action shall be taken against the | ||||||
23 | facility until all rights of appeal have been exhausted. | ||||||
24 | (d) Plan of improvement. A facility identified as a | ||||||
25 | distressed facility shall have 30 days from the date that all |
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1 | appeals rights have been exhausted to submit a plan of | ||||||
2 | improvement to the Department. Modification to the physical | ||||||
3 | structure of the facility included in the plan of improvement | ||||||
4 | shall not require action of the Health Facilities and Services | ||||||
5 | Review Board. | ||||||
6 | (e) Compliance. The facility shall have 180 days from the | ||||||
7 | date the facility receives notice of the approval of the plan | ||||||
8 | of improvement to comply with the contents of the plan. The | ||||||
9 | facility may seek an amendment to the plan of improvement at | ||||||
10 | any time prior to achieving compliance. A facility determined | ||||||
11 | by the Department to have met the terms of the plan of | ||||||
12 | improvement shall no longer be identified as a distressed | ||||||
13 | facility. | ||||||
14 | (f) Equity grant. The Department may award a grant under | ||||||
15 | the Equity in Long-term Care Quality Act to a facility to | ||||||
16 | assist the facility in achieving compliance with the plan of | ||||||
17 | improvement. Grant applications shall be submitted to the | ||||||
18 | Department in the form and manner prescribed by the Department. | ||||||
19 | The application may be submitted with the plan of improvement | ||||||
20 | or at some later date, but must be submitted prior to | ||||||
21 | compliance with the plan of improvement. | ||||||
22 | (g) Failure to implement a plan of improvement. A facility | ||||||
23 | that has been determined by the Department to have failed to | ||||||
24 | achieve compliance with an approved plan of improvement at the | ||||||
25 | end of the 180 day period provided in subsection (e) or (l) | ||||||
26 | may, at the Department's discretion, have its name published on |
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1 | the Department's website as a distressed facility. If the | ||||||
2 | Department determines that the facility is showing a good faith | ||||||
3 | effort to achieve compliance, the Department may, at its | ||||||
4 | discretion, extend the compliance period by an additional 180 | ||||||
5 | days. | ||||||
6 | (h) Monitors. The Department may place a monitor in a | ||||||
7 | facility that has failed to achieve compliance with the | ||||||
8 | approved plan of improvement to oversee and assist the facility | ||||||
9 | in coming into compliance with the plan. The monitor shall meet | ||||||
10 | weekly with the facility administrator to discuss progress | ||||||
11 | towards achieving compliance and to agree on additional steps | ||||||
12 | needed for compliance. The monitor shall report to the | ||||||
13 | Department in writing on the outcomes of the meeting and the | ||||||
14 | action steps agreed to for the following week. The report shall | ||||||
15 | be signed by the monitor and the facility administrator. The | ||||||
16 | facility administrator may add comments to the report or may | ||||||
17 | file a separate report with the Department explaining any | ||||||
18 | special circumstances related to achieving full compliance | ||||||
19 | with the plan of improvement. | ||||||
20 | (i) Compliance review. The facility may seek the removal of | ||||||
21 | a monitor by requesting a compliance review pursuant to the | ||||||
22 | plan of improvement at any time after a monitor has been placed | ||||||
23 | in the facility. Upon receiving the request, the Department | ||||||
24 | shall have 30 days to respond. A facility that has achieved | ||||||
25 | compliance with the plan of improvement shall have its name | ||||||
26 | removed from the distressed facility list and the monitor shall |
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1 | be removed from the facility. | ||||||
2 | (j) Appointment of a court–ordered receiver. The | ||||||
3 | Department, at its discretion, may seek the appointment of a | ||||||
4 | court-ordered receiver pursuant to Part 5 of Article III of | ||||||
5 | this Act. | ||||||
6 | (k) Mentors. The Department, at the request of an owner of | ||||||
7 | a facility identified as distressed, shall seek a mentor to | ||||||
8 | assist the owner in achieving compliance with a plan of | ||||||
9 | improvement. | ||||||
10 | (l) Purchase of a distressed facility. An individual who | ||||||
11 | purchases a facility that has been designated as distressed | ||||||
12 | shall have 60 days from the date of purchase to file a plan of | ||||||
13 | improvement and an additional 180 days from receipt of the | ||||||
14 | Department's approval to prove compliance with the plan. The | ||||||
15 | Department may extend this period for an additional 180 days if | ||||||
16 | the new owner has shown a good faith effort to achieve | ||||||
17 | compliance. The facility may seek approval of an amendment to | ||||||
18 | the plan of improvement at any time prior to compliance. The | ||||||
19 | facility's name shall be removed from any published list of | ||||||
20 | distressed facilities upon the purchase of the facility until | ||||||
21 | the owner has exhausted all attempts at compliance. The | ||||||
22 | facility may be awarded a grant as provided in subsection (f) | ||||||
23 | of this Section to assist in achieving compliance with the | ||||||
24 | plan. | ||||||
25 | (a) By May 1, 2011, and quarterly thereafter, the | ||||||
26 | Department shall generate and publish quarterly a
list of |
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1 | distressed facilities. Criteria for inclusion of certified | ||||||
2 | facilities on the list shall be those used by the U.S. General | ||||||
3 | Accounting Office in report 9-689, until such time as the | ||||||
4 | Department by rule modifies the criteria. | ||||||
5 | (b) In deciding whether and how to modify the criteria used | ||||||
6 | by the General Accounting Office, the Department shall complete | ||||||
7 | a test run of any substitute criteria to determine their | ||||||
8 | reliability by comparing the number of facilities identified as | ||||||
9 | distressed against the number of distressed facilities | ||||||
10 | generated using the criteria contained in the General | ||||||
11 | Accounting Office report. The Department may not adopt | ||||||
12 | substitute criteria that generate fewer facilities with a | ||||||
13 | distressed designation than are produced by the General | ||||||
14 | Accounting Office criteria during the test run. | ||||||
15 | (c) The Department shall, by rule, adopt criteria to | ||||||
16 | identify non-Medicaid-certified facilities that are distressed | ||||||
17 | and shall publish this list quarterly beginning October 1, | ||||||
18 | 2011. | ||||||
19 | (d) The Department shall notify each facility of its | ||||||
20 | distressed designation, and of the calculation on
which it is | ||||||
21 | based. | ||||||
22 | (e) A distressed facility may contract with an independent | ||||||
23 | consultant meeting criteria established by
the Department. If | ||||||
24 | the distressed facility does not seek the assistance of an | ||||||
25 | independent
consultant, the Department shall place a monitor or | ||||||
26 | a temporary manager in the facility, depending
on the |
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1 | Department's assessment of the condition of the facility. | ||||||
2 | (f) Independent consultant. A facility that has been | ||||||
3 | designated a distressed facility may
contract with an | ||||||
4 | independent consultant to develop and assist in the
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5 | implementation of a plan of improvement to bring and keep
the | ||||||
6 | facility in compliance with this Act and, if applicable, with | ||||||
7 | federal certification
requirements. A facility that contracts | ||||||
8 | with an independent consultant
shall have 90 days to develop a | ||||||
9 | plan of improvement and demonstrate a
good faith effort at | ||||||
10 | implementation, and another 90 days to achieve compliance
and | ||||||
11 | take whatever additional actions are called for in the | ||||||
12 | improvement plan
to maintain compliance. A facility that the | ||||||
13 | Department determines has a plan
of improvement likely to bring | ||||||
14 | and keep the facility in compliance
and that has demonstrated | ||||||
15 | good faith efforts at implementation
within the first 90 days | ||||||
16 | may be eligible to receive a grant under the Equity
in | ||||||
17 | Long-term Care Quality Act to assist it in achieving and | ||||||
18 | maintaining compliance.
In this subsection, "independent" | ||||||
19 | consultant means an individual who has no professional or
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20 | financial relationship with the facility, any person with a | ||||||
21 | reportable ownership
interest in the facility, or any related | ||||||
22 | parties. In this subsection, "related parties" has the
meaning | ||||||
23 | attributed to it in the instructions for completing Medicaid | ||||||
24 | cost reports. | ||||||
25 | (f-5) Monitor and temporary managers. A distressed | ||||||
26 | facility that does not contract with a consultant shall be |
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1 | assigned a monitor or a temporary manager at the Department's | ||||||
2 | discretion. The cost of the temporary manager shall be paid by | ||||||
3 | the facility. The temporary manager shall have the authority | ||||||
4 | determined by the Department, which may grant the temporary | ||||||
5 | manager any or all of the authority a court may grant a | ||||||
6 | receiver. The temporary manager may apply to the Equity in | ||||||
7 | Long-term Care Quality Fund for grant funds to implement the | ||||||
8 | plan of improvement. | ||||||
9 | (g) The Department shall by rule establish a mentor program | ||||||
10 | for owners of distressed facilities. | ||||||
11 | (h) The Department shall by rule establish sanctions (in | ||||||
12 | addition to those authorized elsewhere in this Article) against | ||||||
13 | distressed facilities that are not in compliance with this Act | ||||||
14 | and (if applicable) with federal certification requirements. | ||||||
15 | Criteria for imposing sanctions shall take into account a | ||||||
16 | facility's actions to address the violations and deficiencies | ||||||
17 | that caused its designation as a distressed facility, and its | ||||||
18 | compliance with this Act and with federal certification | ||||||
19 | requirements (if applicable), subsequent to its designation as | ||||||
20 | a distressed facility, including mandatory revocations if | ||||||
21 | criteria can be agreed upon by the Department, resident | ||||||
22 | advocates, and representatives of the nursing home profession. | ||||||
23 | By February 1, 2011, the Department shall report to the General | ||||||
24 | Assembly on the results of negotiations about creating criteria | ||||||
25 | for mandatory license revocations of distressed facilities and | ||||||
26 | make recommendations about any statutory changes it believes |
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1 | are appropriate to protect the health, safety, and welfare of | ||||||
2 | nursing home residents. | ||||||
3 | (i) The Department may establish by rule criteria for | ||||||
4 | restricting the owner of a facility on the distressed list from | ||||||
5 | acquiring additional skilled nursing facilities.
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6 | (Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.) | ||||||
7 | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | ||||||
8 | Sec. 3-402. Involuntary transfer or discharge of a resident | ||||||
9 | from a facility
shall be preceded by the discussion required | ||||||
10 | under Section 3-408 and by
a minimum written notice
of 21 days, | ||||||
11 | except in one of the following instances: | ||||||
12 | (a) When an emergency transfer or discharge is ordered
by | ||||||
13 | the resident's attending physician because of the resident's | ||||||
14 | physical or mental health
care needs. | ||||||
15 | (b) When the transfer or discharge is mandated by the | ||||||
16 | physical safety of
other residents, the facility staff, or | ||||||
17 | facility visitors, as
documented in the clinical record.
The | ||||||
18 | Department shall be notified prior to any such involuntary | ||||||
19 | transfer
or discharge. The Department shall immediately offer | ||||||
20 | transfer, or discharge
and relocation assistance to residents | ||||||
21 | transferred or discharged under this
subparagraph (b), and the | ||||||
22 | Department may place relocation teams as
provided in Section | ||||||
23 | 3-419 of this Act. | ||||||
24 | (c) When an identified offender is within the provisional | ||||||
25 | admission period defined in Section 1-120.3. If the Identified |
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1 | Offender Report and Recommendation prepared under Section | ||||||
2 | 2-201.6 shows that the identified offender poses a serious | ||||||
3 | threat or danger to the physical safety of other residents, the | ||||||
4 | facility staff, or facility visitors in the admitting facility | ||||||
5 | and the facility determines that it is unable to provide a safe | ||||||
6 | environment for the other residents, the facility staff, or | ||||||
7 | facility visitors, the facility shall transfer or discharge the | ||||||
8 | identified offender within 3 days after its receipt of the | ||||||
9 | Identified Offender Report and Recommendation. | ||||||
10 | (Source: P.A. 96-1372, eff. 7-29-10.) | ||||||
11 | (210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) | ||||||
12 | Sec. 3-501. The Department may place an employee or agent | ||||||
13 | to serve as a
monitor in a facility or may petition the circuit | ||||||
14 | court for appointment of a
receiver for a facility, or both, | ||||||
15 | when any of the following conditions exist: | ||||||
16 | (a) The facility is operating without a license; | ||||||
17 | (b) The Department has suspended, revoked or refused to | ||||||
18 | renew the existing
license of the facility; | ||||||
19 | (c) The facility is closing or has informed the | ||||||
20 | Department that it intends
to close and adequate | ||||||
21 | arrangements for relocation of residents have not
been made | ||||||
22 | at least 30 days prior to closure; | ||||||
23 | (d) The Department determines that an emergency | ||||||
24 | exists, whether or not
it has initiated revocation or | ||||||
25 | nonrenewal procedures, if because of the
unwillingness or |
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1 | inability of the licensee to remedy the emergency the
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2 | Department believes a monitor or receiver is necessary; | ||||||
3 | (e) The Department is notified that the facility is
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4 | terminated or will not be renewed for participation in the | ||||||
5 | federal
reimbursement program under either Title
XVIII or | ||||||
6 | Title XIX of the Social Security Act; or | ||||||
7 | (f) (Blank). The facility has been designated a | ||||||
8 | distressed facility by the Department and does not have a | ||||||
9 | consultant employed pursuant to subsection (f) of Section | ||||||
10 | 3-304.2 and an acceptable plan of improvement, or the | ||||||
11 | Department has reason to believe the facility is not | ||||||
12 | complying with the plan of improvement. Nothing in this | ||||||
13 | paragraph (f) shall preclude the Department from placing a | ||||||
14 | monitor in a facility if otherwise justified by law. | ||||||
15 | As used in subsection (d) and Section 3-503, "emergency" | ||||||
16 | means a threat
to the health, safety or welfare of a resident | ||||||
17 | that the facility is
unwilling or unable to correct. | ||||||
18 | (Source: P.A. 96-1372, eff. 7-29-10.)
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19 | (210 ILCS 45/3-502) (from Ch. 111 1/2, par. 4153-502)
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20 | Sec. 3-502.
Pursuant to Section 3-304.2 of this Act and | ||||||
21 | taking into account In any situation described in Section | ||||||
22 | 3-501, the Department
may place a qualified person to act as | ||||||
23 | monitor in the facility. The monitor
shall , in compliance with | ||||||
24 | Section 3-304.2 of this Act and all rules adopted thereunder, | ||||||
25 | observe operation of the facility, assist the facility by |
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1 | advising
it on how to comply with the State regulations, and | ||||||
2 | shall report periodically
to the Department on the operation of | ||||||
3 | the facility.
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4 | (Source: P.A. 81-223.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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