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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2627eng HB2627 Engrossed 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 or 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 a professional 22 nursing association and does not have a fiduciary or 23 other affiliation with a 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 HB2627 Engrossed -2- LRB9102945ACtm 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 HB2627 Engrossed -3- LRB9102945ACtm 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. HB2627 Engrossed -4- LRB9102945ACtm 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 HB2627 Engrossed -5- LRB9102945ACtm 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. 9The Director shall appoint a Long-Term Care Facility10Advisory Board to consult with the Department and the11residents' advisory councils created under Section 2-203.12(a) The Board shall be comprised of the following13persons:14(1) The Director who shall serve as chairman, ex15officio and nonvoting; and16(2) One representative each of the Department of17Public Aid, the Department of Human Services, the18Department on Aging, and the Office of the State Fire19Marshal, all nonvoting members;20(3) One member who shall be a physician licensed to21practice medicine in all its branches;22(4) One member who shall be a registered nurse23selected from the recommendations of professional nursing24associations;25(5) Four members who shall be selected from the26recommendations by organizations whose membership27consists of facilities;28(6) Two members who shall represent the general29public who are not members of a residents' advisory30council established under Section 2-203 and who have no31responsibility for management or formation of policy or32financial interest in a facility;33(7) One member who is a member of a residents'34advisory council established under Section 2-203 and isHB2627 Engrossed -6- LRB9102945ACtm 1capable of actively participating on the Board; and2(8) One member who shall be selected from the3recommendations of consumer organizations which engage4solely in advocacy or legal representation on behalf of5residents and their immediate families.6(b) The terms of those members of the Board appointed7prior to the effective date of this amendatory Act of 19888shall expire on December 31, 1988. Members of the Board9created by this amendatory Act of 1988 shall be appointed to10serve for terms as follows: 3 for 2 years, 3 for 3 years and113 for 4 years. The member of the Board added by this12amendatory Act of 1989 shall be appointed to serve for a term13of 4 years. Each successor member shall be appointed for a14term of 4 years. Any member appointed to fill a vacancy15occurring prior to the expiration of the term for which his16predecessor was appointed shall be appointed for the17remainder of such term. The Board shall meet as frequently18as the chairman deems necessary, but not less than 4 times19each year. Upon request by 4 or more members the chairman20shall call a meeting of the Board. The affirmative vote of 621members of the Board shall be necessary for Board action. A22member of the Board can designate a replacement to serve at23the Board meeting and vote in place of the member by24submitting a letter of designation to the chairman prior to25or at the Board meeting. The Board members shall be26reimbursed for their actual expenses incurred in the27performance of their duties.28(c) The Advisory Board shall advise the Department of29Public Health on all aspects of its responsibilities under30this Act, including the format and content of any rules31promulgated by the Department of Public Health. Any such32rules, except emergency rules promulgated pursuant to Section335-45 of the Illinois Administrative Procedure Act,34promulgated without obtaining the advice of the AdvisoryHB2627 Engrossed -7- LRB9102945ACtm 1Board are null and void. In the event that the Department2fails to follow the advice of the Board, the Department3shall, prior to the promulgation of such rules, transmit a4written explanation of the reason thereof to the Board.5During its review of rules, the Board shall analyze the6economic and regulatory impact of those rules. If the7Advisory Board, having been asked for its advice, fails to8advise the Department within 90 days, the rules shall be9considered 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.