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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2627
LRB9102945ACtm
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 2-204.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 2-204 as follows:
7 (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
8 Sec. 2-204. Long-Term Quality Care Facility Advisory
9 Board.
10 (a) There is hereby created a Long-Term Quality Care
11 Facility Advisory Board whose members are appointed by the
12 Governor and that shall consist of:
13 (1) two members who shall be selected from the
14 recommendations of organizations whose membership
15 consists of facilities;
16 (2) one member who shall be a physician licensed to
17 practice medicine in all its branches and does not have a
18 fiduciary of other affiliation with a long-term care
19 facility;
20 (3) one member who shall be a registered nurse
21 selected from the recommendations of the Board of Nursing
22 and does not have a fiduciary or other affiliation with a
23 long-term care facility;
24 (4) four members who shall represent the general
25 public who are not members of a residents' advisory
26 council established under Section 2-203 and do not have a
27 fiduciary or other affiliation with a long-term care
28 facility;
29 (5) four members who shall consist of residents or
30 residents' representatives from the recommendations of
31 consumer organizations that engage in advocacy or legal
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1 representation on behalf of residents and their immediate
2 families and do not have a fiduciary or other affiliation
3 with a long-term care facility;
4 (6) four members of consumer advocacy organizations
5 who shall be selected from the recommendations of
6 consumer organizations that engage in advocacy or legal
7 representation on behalf of residents and their immediate
8 families and do not have a fiduciary or other affiliation
9 with a long-term care facility;
10 (7) one member employed as a professional by an
11 Illinois university or college advanced degree
12 gerontology program from the recommendations of consumer
13 or advocacy organizations and who does not have a
14 fiduciary or other affiliation with a long-term care
15 facility; and
16 (8) one representative each from the Department of
17 Public Aid, the Department of Public Health, the
18 Department of Human Services, the Department on Aging,
19 the Office of the State Fire Marshal, and the Department
20 of Professional Regulation, all nonvoting members.
21 (b) The terms of the members shall be for 3 years with a
22 maximum of 2 consecutive terms.
23 (c) The duties of the Long-Term Quality Care Facility
24 Advisory Board include the following:
25 (1) to advise the Department of Public Aid, the
26 Department of Public Health, the Department of Human
27 Services, the Department on Aging, the Department of
28 Professional Regulation, the Governor, and the General
29 Assembly;
30 (2) to assist the Department of Public Aid, the
31 Department of Public Health, the Department of Human
32 Services, the Department on Aging, the Department of
33 Professional Regulation, and the Governor in reporting
34 and developing data and evaluations in identifying and
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1 addressing the underlying problems of residents in
2 long-term care facilities;
3 (3) to advise the Department of Public Health
4 relative to qualifications for administrative judges and
5 the rules and procedures for hearings conducted;
6 (4) to advise the Department of Public Health on
7 promoting the rights of residents through procedures;
8 (5) to comment publicly on any rules proposed by
9 the State or Federal government regarding the concerns of
10 residents and the underlying problems of quality of care
11 and dignity of life;
12 (6) to advise State and local agencies regarding
13 educational materials and programs needed to improve the
14 quality of care within nursing homes to enable residents
15 to fully exercise their constitutional and legal rights
16 and entitlements as citizens;
17 (7) to advise the State agencies on research for
18 policy decisions; and
19 (8) to publish an annual Illinois Consumer Report
20 for long-term care that includes information on human
21 resources indicators critical to facility care in an
22 easily understandable format.
23 (d) The Board shall organize with a chairman selected by
24 the Board members and shall meet at the call of the chairman
25 or 3 Board members upon 10 days written notice, but not less
26 than 6 times a year.
27 (e) The Board shall establish subcommittees, as it deems
28 appropriate, to review special long-term care facility issues
29 including, but not limited to, State reimbursement, staff
30 training, and certification and licensure of long-term care
31 facilities.
32 (f) The Board shall have the authority to hold hearings,
33 conduct studies, issue press releases, and perform other
34 functions in carrying out its duties.
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1 (g) The Board shall consider any rule or plan submitted
2 by a State agency affecting the rights of residents or
3 long-term care within 60 days after its receipt by the
4 chairman.
5 (h) The Advisory Board shall advise the Department of
6 Public Health on all aspects of its responsibilities under
7 this Act, including the format and content of any rules
8 promulgated by the Department of Public Health. Any such
9 rules, except emergency rules promulgated pursuant to Section
10 5-45 of the Illinois Administrative Procedure Act,
11 promulgated without obtaining the advice of the Board are
12 null and void. In the event that the Department fails to
13 follow the advice of the Board, the Department shall, prior
14 to the promulgation of such rules, transmit a written
15 explanation of the reason thereof to the Board. During its
16 review of rules, the Board shall analyze the economic and
17 regulatory impact of these rules. If the Advisory Board,
18 having been asked for its advice, fails to advise the
19 Department within 90 days, the rules shall be considered
20 acted upon.
21 (i) The Department of Public Health shall designate an
22 employee to act as executive secretary of the Board and shall
23 furnish all professional and clerical assistance necessary
24 for the performance of its powers and duties, including
25 public notices of the meetings.
26 (j) A quorum shall consist of 6 members of the Board and
27 affirmative action shall require the vote of 6 members of the
28 Board.
29 (k) A member of the Board can designate a replacement to
30 serve at the Board meeting and vote in place of the member by
31 submitting a letter of designation to the chairman prior to
32 or at the Board meeting. The replacement cannot have a
33 fiduciary or other affiliation with any long-term care
34 facility that would cause a potential conflict of interest
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1 unless the member represents a facility organization.
2 (l) Members of the Board shall serve without
3 compensation, but shall be entitled to reasonable amounts for
4 expenses necessarily incurred in the performance of their
5 duties.
6 (m) The Board shall develop by-laws, including
7 procedures for public participation for efficient board
8 operation.
9 The Director shall appoint a Long-Term Care Facility
10 Advisory Board to consult with the Department and the
11 residents' advisory councils created under Section 2-203.
12 (a) The Board shall be comprised of the following
13 persons:
14 (1) The Director who shall serve as chairman, ex
15 officio and nonvoting; and
16 (2) One representative each of the Department of
17 Public Aid, the Department of Human Services, the
18 Department on Aging, and the Office of the State Fire
19 Marshal, all nonvoting members;
20 (3) One member who shall be a physician licensed to
21 practice medicine in all its branches;
22 (4) One member who shall be a registered nurse
23 selected from the recommendations of professional nursing
24 associations;
25 (5) Four members who shall be selected from the
26 recommendations by organizations whose membership
27 consists of facilities;
28 (6) Two members who shall represent the general
29 public who are not members of a residents' advisory
30 council established under Section 2-203 and who have no
31 responsibility for management or formation of policy or
32 financial interest in a facility;
33 (7) One member who is a member of a residents'
34 advisory council established under Section 2-203 and is
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1 capable of actively participating on the Board; and
2 (8) One member who shall be selected from the
3 recommendations of consumer organizations which engage
4 solely in advocacy or legal representation on behalf of
5 residents and their immediate families.
6 (b) The terms of those members of the Board appointed
7 prior to the effective date of this amendatory Act of 1988
8 shall expire on December 31, 1988. Members of the Board
9 created by this amendatory Act of 1988 shall be appointed to
10 serve for terms as follows: 3 for 2 years, 3 for 3 years and
11 3 for 4 years. The member of the Board added by this
12 amendatory Act of 1989 shall be appointed to serve for a term
13 of 4 years. Each successor member shall be appointed for a
14 term of 4 years. Any member appointed to fill a vacancy
15 occurring prior to the expiration of the term for which his
16 predecessor was appointed shall be appointed for the
17 remainder of such term. The Board shall meet as frequently
18 as the chairman deems necessary, but not less than 4 times
19 each year. Upon request by 4 or more members the chairman
20 shall call a meeting of the Board. The affirmative vote of 6
21 members of the Board shall be necessary for Board action. A
22 member of the Board can designate a replacement to serve at
23 the Board meeting and vote in place of the member by
24 submitting a letter of designation to the chairman prior to
25 or at the Board meeting. The Board members shall be
26 reimbursed for their actual expenses incurred in the
27 performance of their duties.
28 (c) The Advisory Board shall advise the Department of
29 Public Health on all aspects of its responsibilities under
30 this Act, including the format and content of any rules
31 promulgated by the Department of Public Health. Any such
32 rules, except emergency rules promulgated pursuant to Section
33 5-45 of the Illinois Administrative Procedure Act,
34 promulgated without obtaining the advice of the Advisory
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1 Board are null and void. In the event that the Department
2 fails to follow the advice of the Board, the Department
3 shall, prior to the promulgation of such rules, transmit a
4 written explanation of the reason thereof to the Board.
5 During its review of rules, the Board shall analyze the
6 economic and regulatory impact of those rules. If the
7 Advisory Board, having been asked for its advice, fails to
8 advise the Department within 90 days, the rules shall be
9 considered acted upon.
10 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
11 Section 99. Effective date. This Act takes effect July
12 1, 1999.