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91_SB1844eng SB1844 Engrossed LRB9113111RCpk 1 AN ACT to amend certain Acts in relation to mental 2 health. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Act on the Aging is amended by 6 changing Section 4.04 as follows: 7 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04) 8 (Text of Section before amendment by P.A. 91-656) 9 Sec. 4.04. Long Term Care Ombudsman Program. 10 (a) Long Term Care Ombudsman Program. The Department 11 shall establish a Long Term Care Ombudsman Program, through 12 the Office of State Long Term Care Ombudsman ("the Office"), 13 in accordance with the provisions of the Older Americans Act 14 of 1965, as now or hereafter amended. 15 (b) Definitions. As used in this Section, unless the 16 context requires otherwise: 17 (1) "Access" has the same meaning as in Section 18 1-104 of the Nursing Home Care Act, as now or hereafter 19 amended; that is, it means the right to: 20 (i) Enter any long term care facility; 21 (ii) Communicate privately and without 22 restriction with any resident who consents to the 23 communication; 24 (iii) Seek consent to communicate privately 25 and without restriction with any resident; 26 (iv) Inspect the clinical and other records of 27 a resident with the express written consent of the 28 resident; 29 (v) Observe all areas of the long term care 30 facility except the living area of any resident who 31 protests the observation. SB1844 Engrossed -2- LRB9113111RCpk 1 (2) "Long Term Care Facility" means (i) any 2 facility as defined by Section 1-113 of the Nursing Home 3 Care Act, as now or hereafter amended; and (ii) any 4 skilled nursing facility or a nursing facility which 5 meets the requirements of Section 1819(a), (b), (c), and 6 (d) or Section 1919(a), (b), (c), and (d) of the Social 7 Security Act, as now or hereafter amended (42 U.S.C. 8 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), 9 (b), (c), and (d)). 10 (3) "Ombudsman" means any person employed by the 11 Department to fulfill the requirements of the Office, or 12 any representative of a sub-State long term care 13 ombudsman program; provided that the representative, 14 whether he is paid for or volunteers his ombudsman 15 services, shall be qualified and authorized by the 16 Department to perform the duties of an ombudsman as 17 specified by the Department in rules. 18 (c) Ombudsman; rules. The Office of State Long Term Care 19 Ombudsman shall be composed of at least one full-time 20 ombudsman within the Department and shall include a system of 21 designated sub-State long term care ombudsman programs. Each 22 sub-State program shall be designated by the Department as a 23 subdivision of the Office and any representative of a 24 sub-State program shall be treated as a representative of the 25 Office. 26 The Department shall promulgate administrative rules to 27 establish the responsibilities of the Department and the 28 Office of State Long Term Care Ombudsman. The administrative 29 rules shall include the responsibility of the Office to 30 investigate and resolve complaints made by or on behalf of 31 residents of long term care facilities relating to actions, 32 inaction, or decisions of providers, or their 33 representatives, of long term care facilities, of public 34 agencies, or of social services agencies, which may adversely SB1844 Engrossed -3- LRB9113111RCpk 1 affect the health, safety, welfare, or rights of such 2 residents. When necessary and appropriate, representatives of 3 the Office shall refer complaints to the appropriate 4 regulatory State agency. 5 (d) Access and visitation rights. 6 (1) In accordance with subparagraphs (A) and (E) of 7 paragraph (3) of subsection (c) of Section 1819 and 8 subparagraphs (A) and (E) of paragraph (3) of subsection 9 (c) of Section 1919 of the Social Security Act, as now or 10 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) 11 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 12 of the Older Americans Act of 1965, as now or hereafter 13 amended (42 U.S.C. 3058f), a long term care facility 14 must: 15 (i) permit immediate access to any resident by 16 an ombudsman; and 17 (ii) permit representatives of the Office, 18 with the permission of the resident's legal 19 representative or legal guardian, to examine a 20 resident's clinical and other records, and if a 21 resident is unable to consent to such review, and 22 has no legal guardian, permit representatives of the 23 Office appropriate access, as defined by the 24 Department in administrative rules, to the 25 resident's records. 26 (2) Each long term care facility shall display, in 27 multiple, conspicuous public places within the facility 28 accessible to both visitors and patients and in an easily 29 readable format, the address and phone number of the 30 Office, in a manner prescribed by the Office. 31 (e) Immunity. An ombudsman or any other representative 32 of the Office participating in the good faith performance of 33 his or her official duties shall have immunity from any 34 liability (civil, criminal or otherwise) in any proceedings SB1844 Engrossed -4- LRB9113111RCpk 1 (civil, criminal or otherwise) brought as a consequence of 2 the performance of his official duties. 3 (f) Business offenses. 4 (1) No person shall: 5 (i) Intentionally prevent, interfere with, or 6 attempt to impede in any way any representative of 7 the Office in the performance of his official duties 8 under this Act and the Older Americans Act of 1965; 9 or 10 (ii) Intentionally retaliate, discriminate 11 against, or effect reprisals against any long term 12 care facility resident or employee for contacting or 13 providing information to any representative of the 14 Office. 15 (2) A violation of this Section is a business 16 offense, punishable by a fine not to exceed $501. 17 (3) The Director of Aging shall notify the State's 18 Attorney of the county in which the long term care 19 facility is located, or the Attorney General, of any 20 violations of this Section. 21 (g) Confidentiality of records and identities. No files 22 or records maintained by the Office of State Long Term Care 23 Ombudsman shall be disclosed unless the State Ombudsman or 24 the ombudsman having the authority over the disposition of 25 such files authorizes the disclosure in writing. The 26 ombudsman shall not disclose the identity of any complainant, 27 resident, witness or employee of a long term care provider 28 involved in a complaint or report unless such person or such 29 person's guardian or legal representative consents in writing 30 to the disclosure, or the disclosure is required by court 31 order. 32 (h) Legal representation. The Attorney General shall 33 provide legal representation to any representative of the 34 Office against whom suit or other legal action is brought in SB1844 Engrossed -5- LRB9113111RCpk 1 connection with the performance of the representative's 2 official duties, in accordance with "An Act to provide for 3 representation and indemnification in certain civil law 4 suits", approved December 3, 1977, as now or hereafter 5 amended. 6 (i) Treatment by prayer and spiritual means. Nothing in 7 this Act shall be construed to authorize or require the 8 medical supervision, regulation or control of remedial care 9 or treatment of any resident in a long term care facility 10 operated exclusively by and for members or adherents of any 11 church or religious denomination the tenets and practices of 12 which include reliance solely upon spiritual means through 13 prayer for healing. 14 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99.) 15 (Text of Section after amendment by P.A. 91-656) 16 Sec. 4.04. Long Term Care Ombudsman Program. 17 (a) Long Term Care Ombudsman Program. The Department 18 shall establish a Long Term Care Ombudsman Program, through 19 the Office of State Long Term Care Ombudsman ("the Office"), 20 in accordance with the provisions of the Older Americans Act 21 of 1965, as now or hereafter amended. 22 (b) Definitions. As used in this Section, unless the 23 context requires otherwise: 24 (1) "Access" has the same meaning as in Section 25 1-104 of the Nursing Home Care Act, as now or hereafter 26 amended; that is, it means the right to: 27 (i) Enter any long term care facility or 28 assisted living or shared housing establishment; 29 (ii) Communicate privately and without 30 restriction with any resident who consents to the 31 communication; 32 (iii) Seek consent to communicate privately 33 and without restriction with any resident; 34 (iv) Inspect the clinical and other records of SB1844 Engrossed -6- LRB9113111RCpk 1 a resident with the express written consent of the 2 resident; 3 (v) Observe all areas of the long term care 4 facility or assisted living or shared housing 5 establishment except the living area of any resident 6 who protests the observation. 7 (2) "Long Term Care Facility" means (i) any 8 facility as defined by Section 1-113 of the Nursing Home 9 Care Act, as now or hereafter amended; and (ii) any 10 skilled nursing facility or a nursing facility which 11 meets the requirements of Section 1819(a), (b), (c), and 12 (d) or Section 1919(a), (b), (c), and (d) of the Social 13 Security Act, as now or hereafter amended (42 U.S.C. 14 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), 15 (b), (c), and (d)). 16 (2.5) "Assisted living establishment" and "shared 17 housing establishment" have the meanings given those 18 terms in Section 10 of the Assisted Living and Shared 19 Housing Act. 20 (3) "Ombudsman" means any person employed by the 21 Department to fulfill the requirements of the Office, or 22 any representative of a sub-State long term care 23 ombudsman program; provided that the representative, 24 whether he is paid for or volunteers his ombudsman 25 services, shall be qualified and authorized by the 26 Department to perform the duties of an ombudsman as 27 specified by the Department in rules. 28 (c) Ombudsman; rules. The Office of State Long Term Care 29 Ombudsman shall be composed of at least one full-time 30 ombudsman within the Department and shall include a system of 31 designated sub-State long term care ombudsman programs. Each 32 sub-State program shall be designated by the Department as a 33 subdivision of the Office and any representative of a 34 sub-State program shall be treated as a representative of the SB1844 Engrossed -7- LRB9113111RCpk 1 Office. 2 The Department shall promulgate administrative rules to 3 establish the responsibilities of the Department and the 4 Office of State Long Term Care Ombudsman. The administrative 5 rules shall include the responsibility of the Office to 6 investigate and resolve complaints made by or on behalf of 7 residents of long term care facilities and assisted living 8 and shared housing establishments relating to actions, 9 inaction, or decisions of providers, or their 10 representatives, of long term care facilities, of assisted 11 living and shared housing establishments, of public agencies, 12 or of social services agencies, which may adversely affect 13 the health, safety, welfare, or rights of such residents. 14 When necessary and appropriate, representatives of the Office 15 shall refer complaints to the appropriate regulatory State 16 agency. The Department shall cooperate with the Department of 17 Human Services in providing information and training to 18 designated sub-State long term care ombudsman programs about 19 the appropriate assessment and treatment (including 20 information about appropriate supportive services, treatment 21 options, and assessment of rehabilitation potential) of 22 persons with mental illness (other than Alzheimer's disease 23 and related disorders). 24 (d) Access and visitation rights. 25 (1) In accordance with subparagraphs (A) and (E) of 26 paragraph (3) of subsection (c) of Section 1819 and 27 subparagraphs (A) and (E) of paragraph (3) of subsection 28 (c) of Section 1919 of the Social Security Act, as now or 29 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) 30 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 31 of the Older Americans Act of 1965, as now or hereafter 32 amended (42 U.S.C. 3058f), a long term care facility, 33 assisted living establishment, and shared housing 34 establishment must: SB1844 Engrossed -8- LRB9113111RCpk 1 (i) permit immediate access to any resident by 2 an ombudsman; and 3 (ii) permit representatives of the Office, 4 with the permission of the resident's legal 5 representative or legal guardian, to examine a 6 resident's clinical and other records, and if a 7 resident is unable to consent to such review, and 8 has no legal guardian, permit representatives of the 9 Office appropriate access, as defined by the 10 Department in administrative rules, to the 11 resident's records. 12 (2) Each long term care facility, assisted living 13 establishment, and shared housing establishment shall 14 display, in multiple, conspicuous public places within 15 the facility accessible to both visitors and patients and 16 in an easily readable format, the address and phone 17 number of the Office, in a manner prescribed by the 18 Office. 19 (e) Immunity. An ombudsman or any other representative 20 of the Office participating in the good faith performance of 21 his or her official duties shall have immunity from any 22 liability (civil, criminal or otherwise) in any proceedings 23 (civil, criminal or otherwise) brought as a consequence of 24 the performance of his official duties. 25 (f) Business offenses. 26 (1) No person shall: 27 (i) Intentionally prevent, interfere with, or 28 attempt to impede in any way any representative of 29 the Office in the performance of his official duties 30 under this Act and the Older Americans Act of 1965; 31 or 32 (ii) Intentionally retaliate, discriminate 33 against, or effect reprisals against any long term 34 care facility resident or employee for contacting or SB1844 Engrossed -9- LRB9113111RCpk 1 providing information to any representative of the 2 Office. 3 (2) A violation of this Section is a business 4 offense, punishable by a fine not to exceed $501. 5 (3) The Director of Aging shall notify the State's 6 Attorney of the county in which the long term care 7 facility is located, or the Attorney General, of any 8 violations of this Section. 9 (g) Confidentiality of records and identities. No files 10 or records maintained by the Office of State Long Term Care 11 Ombudsman shall be disclosed unless the State Ombudsman or 12 the ombudsman having the authority over the disposition of 13 such files authorizes the disclosure in writing. The 14 ombudsman shall not disclose the identity of any complainant, 15 resident, witness or employee of a long term care provider 16 involved in a complaint or report unless such person or such 17 person's guardian or legal representative consents in writing 18 to the disclosure, or the disclosure is required by court 19 order. 20 (h) Legal representation. The Attorney General shall 21 provide legal representation to any representative of the 22 Office against whom suit or other legal action is brought in 23 connection with the performance of the representative's 24 official duties, in accordance with the State Employee 25 Indemnification Act. 26 (i) Treatment by prayer and spiritual means. Nothing in 27 this Act shall be construed to authorize or require the 28 medical supervision, regulation or control of remedial care 29 or treatment of any resident in a long term care facility 30 operated exclusively by and for members or adherents of any 31 church or religious denomination the tenets and practices of 32 which include reliance solely upon spiritual means through 33 prayer for healing. 34 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99; SB1844 Engrossed -10- LRB9113111RCpk 1 91-656, eff. 1-1-01; revised 1-5-00.) 2 Section 10. The Nursing Home Care Act is amended by 3 changing Section 3-212 and adding Section 3-202.2 as follows: 4 (210 ILCS 45/3-202.2 new) 5 Sec. 3-202.2. Rules; residents with mental illness. No 6 later than January 1, 2001, the Department of Public Health 7 shall file with the Joint Committee on Administrative Rules, 8 pursuant to the Illinois Administrative Procedure Act, a 9 proposed rule, or a proposed amendment to an existing rule, 10 regarding the provision of services, including assessment, 11 care planning, discharge planning, and treatment, by nursing 12 facilities to residents who have a serious mental illness. 13 (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212) 14 Sec. 3-212. Inspection. 15 (a) The Department, whenever it deems necessary in 16 accordance with subsection (b), shall inspect, survey and 17 evaluate every facility to determine compliance with 18 applicable licensure requirements and standards. An 19 inspection should occur within 120 days prior to license 20 renewal. The Department may periodically visit a facility 21 for the purpose of consultation. An inspection, survey, or 22 evaluation, other than an inspection of financial records, 23 shall be conducted without prior notice to the facility. A 24 visit for the sole purpose of consultation may be announced. 25 The Department shall provide training to surveyors about the 26 appropriate assessment, care planning, and care of persons 27 with mental illness (other than Alzheimer's disease or 28 related disorders) to enable its surveyors to determine 29 whether a facility is complying with State and federal 30 requirements about the assessment, care planning, and care of 31 those persons. SB1844 Engrossed -11- LRB9113111RCpk 1 (a-1) An employee of a State or unit of local government 2 agency charged with inspecting, surveying, and evaluating 3 facilities who directly or indirectly gives prior notice of 4 an inspection, survey, or evaluation, other than an 5 inspection of financial records, to a facility or to an 6 employee of a facility is guilty of a Class A misdemeanor. 7 (a-2) An employee of a State or unit of local government 8 agency charged with inspecting, surveying, or evaluating 9 facilities who willfully profits from violating the 10 confidentiality of the inspection, survey, or evaluation 11 process shall be guilty of a Class 4 felony and that conduct 12 shall be deemed unprofessional conduct that may subject a 13 person to loss of his or her professional license. An action 14 to prosecute a person for violating this subsection (a-2) may 15 be brought by either the Attorney General or the State's 16 Attorney in the county where the violation took place. 17 (b) In determining whether to make more than the 18 required number of unannounced inspections, surveys and 19 evaluations of a facility the Department shall consider one 20 or more of the following: previous inspection reports; the 21 facility's history of compliance with standards, rules and 22 regulations promulgated under this Act and correction of 23 violations, penalties or other enforcement actions; the 24 number and severity of complaints received about the 25 facility; any allegations of resident abuse or neglect; 26 weather conditions; health emergencies; other reasonable 27 belief that deficiencies exist. 28 (b-1) The Department shall not be required to determine 29 whether a facility certified to participate in the Medicare 30 program under Title XVIII of the Social Security Act, or the 31 Medicaid program under Title XIX of the Social Security Act, 32 and which the Department determines by inspection under this 33 Section or under Section 3-702 of this Act to be in 34 compliance with the certification requirements of Title XVIII SB1844 Engrossed -12- LRB9113111RCpk 1 or XIX, is in compliance with any requirement of this Act 2 that is less stringent than or duplicates a federal 3 certification requirement. In accordance with subsection (a) 4 of this Section or subsection (d) of Section 3-702, the 5 Department shall determine whether a certified facility is in 6 compliance with requirements of this Act that exceed federal 7 certification requirements. If a certified facility is found 8 to be out of compliance with federal certification 9 requirements, the results of an inspection conducted pursuant 10 to Title XVIII or XIX of the Social Security Act may be used 11 as the basis for enforcement remedies authorized and 12 commenced under this Act. Enforcement of this Act against a 13 certified facility shall be commenced pursuant to the 14 requirements of this Act, unless enforcement remedies sought 15 pursuant to Title XVIII or XIX of the Social Security Act 16 exceed those authorized by this Act. As used in this 17 subsection, "enforcement remedy" means a sanction for 18 violating a federal certification requirement or this Act. 19 (c) Upon completion of each inspection, survey and 20 evaluation, the appropriate Department personnel who 21 conducted the inspection, survey or evaluation shall submit a 22 copy of their report to the licensee upon exiting the 23 facility, and shall submit the actual report to the 24 appropriate regional office of the Department. Such report 25 and any recommendations for action by the Department under 26 this Act shall be transmitted to the appropriate offices of 27 the associate director of the Department, together with 28 related comments or documentation provided by the licensee 29 which may refute findings in the report, which explain 30 extenuating circumstances that the facility could not 31 reasonably have prevented, or which indicate methods and 32 timetables for correction of deficiencies described in the 33 report. Without affecting the application of subsection (a) 34 of Section 3-303, any documentation or comments of the SB1844 Engrossed -13- LRB9113111RCpk 1 licensee shall be provided within 10 days of receipt of the 2 copy of the report. Such report shall recommend to the 3 Director appropriate action under this Act with respect to 4 findings against a facility. The Director shall then 5 determine whether the report's findings constitute a 6 violation or violations of which the facility must be given 7 notice. Such determination shall be based upon the severity 8 of the finding, the danger posed to resident health and 9 safety, the comments and documentation provided by the 10 facility, the diligence and efforts to correct deficiencies, 11 correction of the reported deficiencies, the frequency and 12 duration of similar findings in previous reports and the 13 facility's general inspection history. Violations shall be 14 determined under this subsection no later than 60 days after 15 completion of each inspection, survey and evaluation. 16 (d) The Department shall maintain all inspection, survey 17 and evaluation reports for at least 5 years in a manner 18 accessible to and understandable by the public. 19 (Source: P.A. 88-278; 89-21, eff. 1-1-96; 89-171, eff. 20 1-1-96; 89-197, eff. 7-21-95; 89-626, eff. 8-9-96.) 21 Section 15. The Illinois Public Aid Code is amended by 22 changing Section 5-5.5 as follows: 23 (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5) 24 Sec. 5-5.5. Elements of Payment Rate. 25 (a) The Department of Public Aid shall develop a 26 prospective method for determining payment rates for skilled 27 nursing and intermediate care services in nursing facilities 28 composed of the following cost elements: 29 (1) Standard Services, with the cost of this 30 component being determined by taking into account the 31 actual costs to the facilities of these services subject 32 to cost ceilings to be defined in the Department's rules. SB1844 Engrossed -14- LRB9113111RCpk 1 (2) Resident Services, with the cost of this 2 component being determined by taking into account the 3 actual costs, needs and utilization of these services, as 4 derived from an assessment of the resident needs in the 5 nursing facilities. The Department shall adopt rules 6 governing reimbursement for resident services as listed 7 in Section 5-1.1. Surveys or assessments of resident 8 needs under this Section shall include a review by the 9 facility of the results of such assessments and a 10 discussion of issues in dispute with authorized survey 11 staff, unless the facility elects not to participate in 12 such a review process. Surveys or assessments of 13 resident needs under this Section may be conducted 14 semi-annually and payment rates relating to resident 15 services may be changed on a semi-annual basis. The 16 Illinois Department shall initiate a project, either on a 17 pilot basis or Statewide, to reimburse the cost of 18 resident services based on a methodology which utilizes 19 an assessment of resident needs to determine the level of 20 reimbursement. This methodology shall be different from 21 the payment criteria for resident services utilized by 22 the Illinois Department on July 1, 1981. On March 1, 23 1982, and each year thereafter, until such time when the 24 Illinois Department adopts the methodology used in such 25 project for use statewide or the Illinois Department 26 reports to the Citizens Assembly/Council on Public Aid 27 that the methodology did not meet the Department's goals 28 and objectives and therefore is ceasing such project, the 29 Illinois Department shall report to the General Assembly 30 on the implementation and progress of such project. The 31 report shall include: 32 (A) A statement of the Illinois Department's 33 goals and objectives for such project; 34 (B) A description of such project, including SB1844 Engrossed -15- LRB9113111RCpk 1 the number and type of nursing facilities involved 2 in the project; 3 (C) A description of the methodology used in 4 such project; 5 (D) A description of the Illinois Department's 6 application of the methodology; 7 (E) A statement on the methodology's effect on 8 the quality of care given to residents in the sample 9 nursing facilities; and 10 (F) A statement on the cost of the methodology 11 used in such project and a comparison of this cost 12 with the cost of the current payment criteria. 13 (3) Ancillary Services, with the payment rate being 14 developed for each individual type of service. Payment 15 shall be made only when authorized under procedures 16 developed by the Department of Public Aid. 17 (4) Nurse's Aide Training, with the cost of this 18 component being determined by taking into account the 19 actual cost to the facilities of such training. 20 (5) Real Estate Taxes, with the cost of this 21 component being determined by taking into account the 22 figures contained in the most currently available cost 23 reports (with no imposition of maximums) updated to the 24 midpoint of the current rate year for long term care 25 services rendered between July 1, 1984 and June 30, 1985, 26 and with the cost of this component being determined by 27 taking into account the actual 1983 taxes for which the 28 nursing homes were assessed (with no imposition of 29 maximums) updated to the midpoint of the current rate 30 year for long term care services rendered between July 1, 31 1985 and June 30, 1986. 32 (b) In developing a prospective method for determining 33 payment rates for skilled nursing and intermediate care 34 services in nursing facilities, the Department of Public Aid SB1844 Engrossed -16- LRB9113111RCpk 1 shall consider the following cost elements: 2 (1) Reasonable capital cost determined by utilizing 3 incurred interest rate and the current value of the 4 investment, including land, utilizing composite rates, or 5 by utilizing such other reasonable cost related methods 6 determined by the Department. However, beginning with the 7 rate reimbursement period effective July 1, 1987, the 8 Department shall be prohibited from establishing, 9 including, and implementing any depreciation factor in 10 calculating the capital cost element. 11 (2) Profit, with the actual amount being produced 12 and accruing to the providers in the form of a return on 13 their total investment, on the basis of their ability to 14 economically and efficiently deliver a type of service. 15 The method of payment may assure the opportunity for a 16 profit, but shall not guarantee or establish a specific 17 amount as a cost. 18 (c) The Illinois Department may implement the amendatory 19 changes to this Section made by this amendatory Act of 1991 20 through the use of emergency rules in accordance with the 21 provisions of Section 5.02 of the Illinois Administrative 22 Procedure Act. For purposes of the Illinois Administrative 23 Procedure Act, the adoption of rules to implement the 24 amendatory changes to this Section made by this amendatory 25 Act of 1991 shall be deemed an emergency and necessary for 26 the public interest, safety and welfare. 27 (d) No later than January 1, 2001, the Department of 28 Public Aid shall file with the Joint Committee on 29 Administrative Rules, pursuant to the Illinois Administrative 30 Procedure Act, a proposed rule, or a proposed amendment to an 31 existing rule, regarding payment for appropriate services, 32 including assessment, care planning, discharge planning, and 33 treatment provided by nursing facilities to residents who 34 have a serious mental illness. SB1844 Engrossed -17- LRB9113111RCpk 1 (Source: P.A. 86-651; 86-705; 86-1028; 87-14; 87-435.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.