State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Enrolled ]
[ House Amendment 001 ][ House Amendment 002 ][ House Amendment 005 ]
[ Senate Amendment 002 ]

91_HB0182sam001











                                          SRS91HB0182DLsaam01

 1                     AMENDMENT TO HOUSE BILL 182

 2        AMENDMENT NO.     .  Amend House Bill  182  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Act on the Aging is amended by
 5    changing Section 4.04 as follows:

 6        (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
 7        (Text of Section before amendment by P.A. 91-656)
 8        Sec. 4.04.  Long Term Care Ombudsman Program.
 9        (a)  Long Term Care  Ombudsman  Program.  The  Department
10    shall  establish  a Long Term Care Ombudsman Program, through
11    the Office of State Long Term Care Ombudsman ("the  Office"),
12    in  accordance with the provisions of the Older Americans Act
13    of 1965, as now or hereafter amended.
14        (b)  Definitions. As used in  this  Section,  unless  the
15    context requires otherwise:
16             (1)  "Access"  has  the  same  meaning as in Section
17        1-104 of the Nursing Home Care Act, as now  or  hereafter
18        amended; that is, it means the right to:
19                  (i)  Enter any long term care facility;
20                  (ii)  Communicate    privately    and   without
21             restriction with any resident who  consents  to  the
22             communication;
 
                            -2-           SRS91HB0182DLsaam01
 1                  (iii)  Seek  consent  to  communicate privately
 2             and without restriction with any resident;
 3                  (iv)  Inspect the clinical and other records of
 4             a resident with the express written consent  of  the
 5             resident;
 6                  (v)  Observe  all  areas  of the long term care
 7             facility except the living area of any resident  who
 8             protests the observation.
 9             (2)  "Long   Term   Care  Facility"  means  (i)  any
10        facility as defined by Section 1-113 of the Nursing  Home
11        Care  Act,  as  now  or  hereafter  amended; and (ii) any
12        skilled nursing facility  or  a  nursing  facility  which
13        meets  the requirements of Section 1819(a), (b), (c), and
14        (d) or Section 1919(a), (b), (c), and (d) of  the  Social
15        Security  Act,  as  now  or  hereafter amended (42 U.S.C.
16        1395i-3(a), (b), (c), and (d)  and  42  U.S.C.  1396r(a),
17        (b), (c), and (d)).
18             (3)  "Ombudsman"  means  any  person employed by the
19        Department to fulfill the requirements of the Office,  or
20        any   representative   of  a  sub-State  long  term  care
21        ombudsman  program;  provided  that  the  representative,
22        whether he  is  paid  for  or  volunteers  his  ombudsman
23        services,  shall  be  qualified  and  authorized  by  the
24        Department  to  perform  the  duties  of  an ombudsman as
25        specified by the Department in rules.
26        (c)  Ombudsman; rules. The Office of State Long Term Care
27    Ombudsman  shall  be  composed  of  at  least  one  full-time
28    ombudsman within the Department and shall include a system of
29    designated sub-State long term care ombudsman programs.  Each
30    sub-State  program shall be designated by the Department as a
31    subdivision  of  the  Office  and  any  representative  of  a
32    sub-State program shall be treated as a representative of the
33    Office.
34        The Department shall promulgate administrative  rules  to
 
                            -3-           SRS91HB0182DLsaam01
 1    establish  the  responsibilities  of  the  Department and the
 2    Office of State Long Term Care Ombudsman. The  administrative
 3    rules  shall  include  the  responsibility  of  the Office to
 4    investigate and resolve complaints made by or  on  behalf  of
 5    residents  of  long term care facilities relating to actions,
 6    inaction,   or   decisions    of    providers,    or    their
 7    representatives,  of  long  term  care  facilities, of public
 8    agencies, or of social services agencies, which may adversely
 9    affect  the  health,  safety,  welfare,  or  rights  of  such
10    residents. When necessary and appropriate, representatives of
11    the  Office  shall  refer  complaints  to   the   appropriate
12    regulatory State agency.
13        (d)  Access and visitation rights.
14             (1)  In accordance with subparagraphs (A) and (E) of
15        paragraph (3) of  subsection  (c)  of  Section  1819  and
16        subparagraphs  (A) and (E) of paragraph (3) of subsection
17        (c) of Section 1919 of the Social Security Act, as now or
18        hereafter amended (42 U.S.C. 1395i-3  (c)(3)(A)  and  (E)
19        and  42  U.S.C. 1396r (c)(3)(A) and (E)), and Section 712
20        of the Older Americans Act of 1965, as now  or  hereafter
21        amended  (42  U.S.C.  3058f),  a  long term care facility
22        must:
23                  (i)  permit immediate access to any resident by
24             an ombudsman; and
25                  (ii)  permit  representatives  of  the  Office,
26             with  the  permission  of   the   resident's   legal
27             representative  or  legal  guardian,  to  examine  a
28             resident's  clinical  and  other  records,  and if a
29             resident is unable to consent to  such  review,  and
30             has no legal guardian, permit representatives of the
31             Office   appropriate   access,  as  defined  by  the
32             Department   in   administrative   rules,   to   the
33             resident's records.
34             (2)  Each long term care facility shall display,  in
 
                            -4-           SRS91HB0182DLsaam01
 1        multiple,  conspicuous  public places within the facility
 2        accessible to both visitors and patients and in an easily
 3        readable format, the address  and  phone  number  of  the
 4        Office, in a manner prescribed by the Office.
 5        (e)  Immunity.  An  ombudsman or any other representative
 6    of the Office participating in the good faith performance  of
 7    his  or  her  official  duties  shall  have immunity from any
 8    liability (civil, criminal or otherwise) in  any  proceedings
 9    (civil,  criminal  or  otherwise) brought as a consequence of
10    the performance of his official duties.
11        (f)  Business offenses.
12             (1) No person shall:
13                  (i)  Intentionally prevent, interfere with,  or
14             attempt  to  impede in any way any representative of
15             the Office in the performance of his official duties
16             under this Act and the Older Americans Act of  1965;
17             or
18                  (ii)  Intentionally   retaliate,   discriminate
19             against,  or  effect reprisals against any long term
20             care facility resident or employee for contacting or
21             providing information to any representative  of  the
22             Office.
23             (2)  A  violation  of  this  Section  is  a business
24        offense, punishable by a fine not to exceed $501.
25             (3)  The Director of Aging shall notify the  State's
26        Attorney  of  the  county  in  which  the  long term care
27        facility is located, or  the  Attorney  General,  of  any
28        violations of this Section.
29        (g)  Confidentiality  of records and identities. No files
30    or records maintained by the Office of State Long  Term  Care
31    Ombudsman  shall  be  disclosed unless the State Ombudsman or
32    the ombudsman having the authority over  the  disposition  of
33    such   files   authorizes  the  disclosure  in  writing.  The
34    ombudsman shall not disclose the identity of any complainant,
 
                            -5-           SRS91HB0182DLsaam01
 1    resident, witness or employee of a long  term  care  provider
 2    involved in a  complaint or report unless such person or such
 3    person's guardian or legal representative consents in writing
 4    to  the  disclosure,  or  the disclosure is required by court
 5    order.
 6        (h)  Legal representation.  The  Attorney  General  shall
 7    provide  legal  representation  to  any representative of the
 8    Office against whom suit or other legal action is brought  in
 9    connection  with  the  performance  of  the  representative's
10    official  duties,  in  accordance with "An Act to provide for
11    representation  and  indemnification  in  certain  civil  law
12    suits", approved  December  3,  1977,  as  now  or  hereafter
13    amended.
14        (i)  Treatment  by prayer and spiritual means. Nothing in
15    this Act shall be  construed  to  authorize  or  require  the
16    medical  supervision,  regulation or control of remedial care
17    or treatment of any resident in a  long  term  care  facility
18    operated  exclusively  by and for members or adherents of any
19    church or religious denomination the tenets and practices  of
20    which  include  reliance  solely upon spiritual means through
21    prayer for healing.
22    (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99.)

23        (Text of Section after amendment by P.A. 91-656)
24        Sec. 4.04.  Long Term Care Ombudsman Program.
25        (a)  Long Term Care  Ombudsman  Program.  The  Department
26    shall  establish  a Long Term Care Ombudsman Program, through
27    the Office of State Long Term Care Ombudsman ("the  Office"),
28    in  accordance with the provisions of the Older Americans Act
29    of 1965, as now or hereafter amended.
30        (b)  Definitions. As used in  this  Section,  unless  the
31    context requires otherwise:
32             (1)  "Access"  has  the  same  meaning as in Section
33        1-104 of the Nursing Home Care Act, as now  or  hereafter
34        amended; that is, it means the right to:
 
                            -6-           SRS91HB0182DLsaam01
 1                  (i)  Enter  any  long  term  care  facility  or
 2             assisted living or shared housing establishment;
 3                  (ii)  Communicate    privately    and   without
 4             restriction with any resident who  consents  to  the
 5             communication;
 6                  (iii)  Seek  consent  to  communicate privately
 7             and without restriction with any resident;
 8                  (iv)  Inspect the clinical and other records of
 9             a resident with the express written consent  of  the
10             resident;
11                  (v)  Observe  all  areas  of the long term care
12             facility  or  assisted  living  or  shared   housing
13             establishment except the living area of any resident
14             who protests the observation.
15             (2)  "Long   Term   Care  Facility"  means  (i)  any
16        facility as defined by Section 1-113 of the Nursing  Home
17        Care  Act,  as  now  or  hereafter  amended; and (ii) any
18        skilled nursing facility  or  a  nursing  facility  which
19        meets  the requirements of Section 1819(a), (b), (c), and
20        (d) or Section 1919(a), (b), (c), and (d) of  the  Social
21        Security  Act,  as  now  or  hereafter amended (42 U.S.C.
22        1395i-3(a), (b), (c), and (d)  and  42  U.S.C.  1396r(a),
23        (b), (c), and (d)).
24             (2.5)  "Assisted  living  establishment" and "shared
25        housing establishment"  have  the  meanings  given  those
26        terms  in  Section  10  of the Assisted Living and Shared
27        Housing Act.
28             (3)  "Ombudsman" means any person  employed  by  the
29        Department  to fulfill the requirements of the Office, or
30        any  representative  of  a  sub-State  long   term   care
31        ombudsman  program;  provided  that  the  representative,
32        whether  he  is  paid  for  or  volunteers  his ombudsman
33        services,  shall  be  qualified  and  authorized  by  the
34        Department to perform  the  duties  of  an  ombudsman  as
 
                            -7-           SRS91HB0182DLsaam01
 1        specified by the Department in rules.
 2        (c)  Ombudsman; rules. The Office of State Long Term Care
 3    Ombudsman  shall  be  composed  of  at  least  one  full-time
 4    ombudsman within the Department and shall include a system of
 5    designated  sub-State long term care ombudsman programs. Each
 6    sub-State program shall be designated by the Department as  a
 7    subdivision  of  the  Office  and  any  representative  of  a
 8    sub-State program shall be treated as a representative of the
 9    Office.
10        The  Department  shall promulgate administrative rules to
11    establish the responsibilities  of  the  Department  and  the
12    Office  of State Long Term Care Ombudsman. The administrative
13    rules shall include  the  responsibility  of  the  Office  to
14    investigate  and  resolve  complaints made by or on behalf of
15    residents of long term care facilities  and  assisted  living
16    and   shared  housing  establishments  relating  to  actions,
17    inaction,   or   decisions    of    providers,    or    their
18    representatives,  of  long  term care facilities, of assisted
19    living and shared housing establishments, of public agencies,
20    or of social services agencies, which  may  adversely  affect
21    the  health,  safety,  welfare,  or rights of such residents.
22    When necessary and appropriate, representatives of the Office
23    shall refer complaints to the  appropriate  regulatory  State
24    agency. The Department shall cooperate with the Department of
25    Human  Services  in  providing  information  and  training to
26    designated sub-State long term care ombudsman programs  about
27    the   appropriate   assessment   and   treatment   (including
28    information  about appropriate supportive services, treatment
29    options,  and  assessment  of  rehabilitation  potential)  of
30    persons with mental illness (other than  Alzheimer's  disease
31    and related disorders).
32        (d)  Access and visitation rights.
33             (1)  In accordance with subparagraphs (A) and (E) of
34        paragraph (3) of  subsection  (c)  of  Section  1819  and
 
                            -8-           SRS91HB0182DLsaam01
 1        subparagraphs  (A) and (E) of paragraph (3) of subsection
 2        (c) of Section 1919 of the Social Security Act, as now or
 3        hereafter amended (42 U.S.C. 1395i-3  (c)(3)(A)  and  (E)
 4        and  42  U.S.C. 1396r (c)(3)(A) and (E)), and Section 712
 5        of the Older Americans Act of 1965, as now  or  hereafter
 6        amended  (42  U.S.C.  3058f),  a long term care facility,
 7        assisted  living  establishment,   and   shared   housing
 8        establishment must:
 9                  (i)  permit immediate access to any resident by
10             an ombudsman; and
11                  (ii)  permit  representatives  of  the  Office,
12             with   the   permission   of  the  resident's  legal
13             representative  or  legal  guardian,  to  examine  a
14             resident's clinical and  other  records,  and  if  a
15             resident  is  unable  to consent to such review, and
16             has no legal guardian, permit representatives of the
17             Office  appropriate  access,  as  defined   by   the
18             Department   in   administrative   rules,   to   the
19             resident's records.
20             (2)  Each  long  term care facility, assisted living
21        establishment, and  shared  housing  establishment  shall
22        display,  in  multiple,  conspicuous public places within
23        the facility accessible to both visitors and patients and
24        in an easily  readable  format,  the  address  and  phone
25        number  of  the  Office,  in  a  manner prescribed by the
26        Office.
27        (e)  Immunity. An ombudsman or any  other  representative
28    of  the Office participating in the good faith performance of
29    his or her official  duties  shall  have  immunity  from  any
30    liability  (civil,  criminal or otherwise) in any proceedings
31    (civil, criminal or otherwise) brought as  a  consequence  of
32    the performance of his official duties.
33        (f)  Business offenses.
34             (1) No person shall:
 
                            -9-           SRS91HB0182DLsaam01
 1                  (i)  Intentionally  prevent, interfere with, or
 2             attempt to impede in any way any  representative  of
 3             the Office in the performance of his official duties
 4             under  this Act and the Older Americans Act of 1965;
 5             or
 6                  (ii)  Intentionally   retaliate,   discriminate
 7             against, or effect reprisals against any  long  term
 8             care facility resident or employee for contacting or
 9             providing  information  to any representative of the
10             Office.
11             (2)  A violation  of  this  Section  is  a  business
12        offense, punishable by a fine not to exceed $501.
13             (3)  The  Director of Aging shall notify the State's
14        Attorney of the  county  in  which  the  long  term  care
15        facility  is  located,  or  the  Attorney General, of any
16        violations of this Section.
17        (g)  Confidentiality of records and identities. No  files
18    or  records  maintained by the Office of State Long Term Care
19    Ombudsman shall be disclosed unless the  State  Ombudsman  or
20    the  ombudsman  having  the authority over the disposition of
21    such  files  authorizes  the  disclosure  in   writing.   The
22    ombudsman shall not disclose the identity of any complainant,
23    resident,  witness  or  employee of a long term care provider
24    involved in a  complaint or report unless such person or such
25    person's guardian or legal representative consents in writing
26    to the disclosure, or the disclosure  is  required  by  court
27    order.
28        (h)  Legal  representation.  The  Attorney  General shall
29    provide legal representation to  any  representative  of  the
30    Office  against whom suit or other legal action is brought in
31    connection  with  the  performance  of  the  representative's
32    official  duties,  in  accordance  with  the  State  Employee
33    Indemnification Act.
34        (i)  Treatment by prayer and spiritual means. Nothing  in
 
                            -10-          SRS91HB0182DLsaam01
 1    this  Act  shall  be  construed  to  authorize or require the
 2    medical supervision, regulation or control of  remedial  care
 3    or  treatment  of  any  resident in a long term care facility
 4    operated exclusively by and for members or adherents  of  any
 5    church  or religious denomination the tenets and practices of
 6    which include reliance solely upon  spiritual  means  through
 7    prayer for healing.
 8    (Source:  P.A.  90-639,  eff.  1-1-99;  91-174, eff. 7-16-99;
 9    91-656, eff. 1-1-01; revised 1-5-00.)

10        Section 10.  The Nursing Home  Care  Act  is  amended  by
11    changing Section 3-212 as follows:

12        (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
13        Sec. 3-212. Inspection.
14        (a)  The  Department,  whenever  it  deems  necessary  in
15    accordance  with  subsection  (b),  shall inspect, survey and
16    evaluate  every  facility  to   determine   compliance   with
17    applicable   licensure   requirements   and   standards.   An
18    inspection should occur within  120  days  prior  to  license
19    renewal.   The  Department  may periodically visit a facility
20    for the purpose of consultation.  An inspection,  survey,  or
21    evaluation,  other  than  an inspection of financial records,
22    shall be conducted without prior notice to the  facility.   A
23    visit  for the sole purpose of consultation may be announced.
24    The Department shall provide training to surveyors about  the
25    appropriate  assessment,  care  planning, and care of persons
26    with  mental  illness  (other  than  Alzheimer's  disease  or
27    related disorders)  to  enable  its  surveyors  to  determine
28    whether  a  facility  is  complying  with  State  and federal
29    requirements about the assessment, care planning, and care of
30    those persons.
31        (a-1)  An employee of a State or unit of local government
32    agency charged with  inspecting,  surveying,  and  evaluating
 
                            -11-          SRS91HB0182DLsaam01
 1    facilities  who  directly or indirectly gives prior notice of
 2    an  inspection,  survey,  or  evaluation,   other   than   an
 3    inspection  of  financial  records,  to  a  facility or to an
 4    employee of a facility is guilty of a Class A misdemeanor.
 5        (a-2)  An employee of a State or unit of local government
 6    agency charged  with  inspecting,  surveying,  or  evaluating
 7    facilities   who   willfully   profits   from  violating  the
 8    confidentiality of  the  inspection,  survey,  or  evaluation
 9    process  shall be guilty of a Class 4 felony and that conduct
10    shall be deemed unprofessional conduct  that  may  subject  a
11    person to loss of his or her professional license.  An action
12    to prosecute a person for violating this subsection (a-2) may
13    be  brought  by  either  the  Attorney General or the State's
14    Attorney in the county where the violation took place.
15        (b)  In  determining  whether  to  make  more  than   the
16    required  number  of  unannounced  inspections,  surveys  and
17    evaluations  of  a facility the Department shall consider one
18    or more of the following: previous  inspection  reports;  the
19    facility's  history  of  compliance with standards, rules and
20    regulations promulgated under  this  Act  and  correction  of
21    violations,  penalties  or  other  enforcement  actions;  the
22    number   and   severity  of  complaints  received  about  the
23    facility; any  allegations  of  resident  abuse  or  neglect;
24    weather  conditions;  health  emergencies;  other  reasonable
25    belief that deficiencies exist.
26        (b-1)  The  Department shall not be required to determine
27    whether a facility certified to participate in  the  Medicare
28    program  under Title XVIII of the Social Security Act, or the
29    Medicaid program under Title XIX of the Social Security  Act,
30    and  which the Department determines by inspection under this
31    Section  or  under  Section  3-702  of  this  Act  to  be  in
32    compliance with the certification requirements of Title XVIII
33    or XIX, is in compliance with any  requirement  of  this  Act
34    that   is   less  stringent  than  or  duplicates  a  federal
 
                            -12-          SRS91HB0182DLsaam01
 1    certification requirement.  In accordance with subsection (a)
 2    of this Section or  subsection  (d)  of  Section  3-702,  the
 3    Department shall determine whether a certified facility is in
 4    compliance  with requirements of this Act that exceed federal
 5    certification requirements.  If a certified facility is found
 6    to  be  out  of   compliance   with   federal   certification
 7    requirements, the results of an inspection conducted pursuant
 8    to  Title XVIII or XIX of the Social Security Act may be used
 9    as  the  basis  for  enforcement  remedies   authorized   and
10    commenced  under this Act.  Enforcement of this Act against a
11    certified  facility  shall  be  commenced  pursuant  to   the
12    requirements  of this Act, unless enforcement remedies sought
13    pursuant to Title XVIII or XIX of  the  Social  Security  Act
14    exceed  those  authorized  by  this  Act.   As  used  in this
15    subsection,  "enforcement  remedy"  means  a   sanction   for
16    violating a federal certification requirement or this Act.
17        (c)  Upon  completion  of  each  inspection,  survey  and
18    evaluation,   the   appropriate   Department   personnel  who
19    conducted the inspection, survey or evaluation shall submit a
20    copy of  their  report  to  the  licensee  upon  exiting  the
21    facility,   and   shall  submit  the  actual  report  to  the
22    appropriate regional office of the Department.   Such  report
23    and  any  recommendations  for action by the Department under
24    this Act shall be transmitted to the appropriate  offices  of
25    the  associate  director  of  the  Department,  together with
26    related comments or documentation provided  by  the  licensee
27    which  may  refute  findings  in  the  report,  which explain
28    extenuating  circumstances  that  the  facility   could   not
29    reasonably  have  prevented,  or  which  indicate methods and
30    timetables for correction of deficiencies  described  in  the
31    report.  Without  affecting the application of subsection (a)
32    of Section  3-303,  any  documentation  or  comments  of  the
33    licensee  shall  be provided within 10 days of receipt of the
34    copy of the report.   Such  report  shall  recommend  to  the
 
                            -13-          SRS91HB0182DLsaam01
 1    Director  appropriate  action  under this Act with respect to
 2    findings  against  a  facility.   The  Director  shall   then
 3    determine   whether   the   report's  findings  constitute  a
 4    violation or violations of which the facility must  be  given
 5    notice.   Such determination shall be based upon the severity
 6    of the finding, the  danger  posed  to  resident  health  and
 7    safety,  the  comments  and  documentation  provided  by  the
 8    facility,  the diligence and efforts to correct deficiencies,
 9    correction of the reported deficiencies,  the  frequency  and
10    duration  of  similar  findings  in  previous reports and the
11    facility's general inspection history.  Violations  shall  be
12    determined  under this subsection no later than 60 days after
13    completion of each inspection, survey and evaluation.
14        (d)  The Department shall maintain all inspection, survey
15    and evaluation reports for at  least  5  years  in  a  manner
16    accessible to and understandable by the public.
17    (Source: P.A.   88-278;  89-21,  eff.  1-1-96;  89-171,  eff.
18    1-1-96; 89-197, eff. 7-21-95; 89-626, eff. 8-9-96.)

19        Section 15.  The Illinois Public Aid Code is  amended  by
20    changing Section 5-5.5 as follows:

21        (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
22        Sec. 5-5.5.  Elements of Payment Rate.
23        (a)  The   Department  of  Public  Aid  shall  develop  a
24    prospective method for determining payment rates for  skilled
25    nursing  and intermediate care services in nursing facilities
26    composed of the following cost elements:
27             (1)  Standard  Services,  with  the  cost  of   this
28        component  being  determined  by  taking into account the
29        actual costs to the facilities of these services  subject
30        to cost ceilings to be defined in the Department's rules.
31             (2)  Resident   Services,  with  the  cost  of  this
32        component being determined by  taking  into  account  the
 
                            -14-          SRS91HB0182DLsaam01
 1        actual costs, needs and utilization of these services, as
 2        derived  from  an assessment of the resident needs in the
 3        nursing facilities.  The  Department  shall  adopt  rules
 4        governing  reimbursement  for resident services as listed
 5        in Section 5-1.1.  Surveys  or  assessments  of  resident
 6        needs  under  this  Section shall include a review by the
 7        facility  of  the  results  of  such  assessments  and  a
 8        discussion of issues in dispute  with  authorized  survey
 9        staff,  unless  the facility elects not to participate in
10        such  a  review  process.   Surveys  or  assessments   of
11        resident  needs  under  this  Section  may  be  conducted
12        semi-annually  and  payment  rates  relating  to resident
13        services may be changed  on  a  semi-annual  basis.   The
14        Illinois Department shall initiate a project, either on a
15        pilot  basis  or  Statewide,  to  reimburse  the  cost of
16        resident services based on a methodology  which  utilizes
17        an assessment of resident needs to determine the level of
18        reimbursement.  This  methodology shall be different from
19        the payment criteria for resident  services  utilized  by
20        the  Illinois  Department  on  July 1, 1981.  On March 1,
21        1982, and each year thereafter, until such time when  the
22        Illinois  Department  adopts the methodology used in such
23        project for use  statewide  or  the  Illinois  Department
24        reports  to  the  Citizens Assembly/Council on Public Aid
25        that the methodology did not meet the Department's  goals
26        and objectives and therefore is ceasing such project, the
27        Illinois  Department shall report to the General Assembly
28        on the implementation and progress of such  project.  The
29        report shall include:
30                  (A)  A  statement  of the Illinois Department's
31             goals and objectives for such project;
32                  (B)  A description of such  project,  including
33             the  number  and type of nursing facilities involved
34             in the project;
 
                            -15-          SRS91HB0182DLsaam01
 1                  (C)  A description of the methodology  used  in
 2             such project;
 3                  (D)  A description of the Illinois Department's
 4             application of the methodology;
 5                  (E)  A statement on the methodology's effect on
 6             the quality of care given to residents in the sample
 7             nursing facilities; and
 8                  (F)  A statement on the cost of the methodology
 9             used  in  such project and a comparison of this cost
10             with the cost of the current payment criteria.
11             (3)  Ancillary Services, with the payment rate being
12        developed for each individual type of  service.   Payment
13        shall  be  made  only  when  authorized  under procedures
14        developed by the Department of Public Aid.
15             (4)  Nurse's Aide Training, with the  cost  of  this
16        component  being  determined  by  taking into account the
17        actual cost to the facilities of such training.
18             (5)  Real  Estate  Taxes,  with  the  cost  of  this
19        component being determined by  taking  into  account  the
20        figures  contained  in  the most currently available cost
21        reports (with no imposition of maximums) updated  to  the
22        midpoint  of  the  current  rate  year for long term care
23        services rendered between July 1, 1984 and June 30, 1985,
24        and with the cost of this component being  determined  by
25        taking  into  account the actual 1983 taxes for which the
26        nursing  homes  were  assessed  (with  no  imposition  of
27        maximums) updated to the midpoint  of  the  current  rate
28        year for long term care services rendered between July 1,
29        1985 and June 30, 1986.
30        (b)  In  developing  a prospective method for determining
31    payment rates  for  skilled  nursing  and  intermediate  care
32    services  in nursing facilities, the Department of Public Aid
33    shall consider the following cost elements:
34             (1)  Reasonable capital cost determined by utilizing
 
                            -16-          SRS91HB0182DLsaam01
 1        incurred interest rate  and  the  current  value  of  the
 2        investment, including land, utilizing composite rates, or
 3        by  utilizing  such other reasonable cost related methods
 4        determined by the Department. However, beginning with the
 5        rate reimbursement period effective  July  1,  1987,  the
 6        Department   shall   be   prohibited  from  establishing,
 7        including, and implementing any  depreciation  factor  in
 8        calculating the capital cost element.
 9             (2)  Profit,  with  the actual amount being produced
10        and accruing to the providers in the form of a return  on
11        their  total investment, on the basis of their ability to
12        economically and efficiently deliver a type  of  service.
13        The  method  of  payment may assure the opportunity for a
14        profit, but shall not guarantee or establish  a  specific
15        amount as a cost.
16        (c)  The Illinois Department may implement the amendatory
17    changes  to  this Section made by this amendatory Act of 1991
18    through the use of emergency rules  in  accordance  with  the
19    provisions  of  Section  5.02  of the Illinois Administrative
20    Procedure Act. For purposes of  the  Illinois  Administrative
21    Procedure  Act,  the  adoption  of  rules  to  implement  the
22    amendatory  changes  to  this Section made by this amendatory
23    Act of 1991 shall be deemed an emergency  and  necessary  for
24    the public interest, safety and welfare.
25        (d)  No  later  than  January  1, 2001, the Department of
26    Public  Aid  shall  file  with   the   Joint   Committee   on
27    Administrative Rules, pursuant to the Illinois Administrative
28    Procedure Act, a proposed rule, or a proposed amendment to an
29    existing  rule,  regarding  payment for appropriate services,
30    including assessment, care planning, and  treatment  provided
31    by  nursing facilities to residents who have a serious mental
32    illness.
33    (Source: P.A. 86-651; 86-705; 86-1028; 87-14; 87-435.)
 
                            -17-          SRS91HB0182DLsaam01
 1        Section 99.   Effective  date.   This  Act  takes  effect
 2    January 1, 2001.".

[ Top ]