Public Act 90-0353 of the 90th General Assembly
Public Act 90-0353
SB946 Enrolled LRB9000382SMdv
AN ACT to amend the Nursing Home Care Act by changing
Section 3-805.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by
changing Section 3-805 as follows:
(210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805)
Sec. 3-805. (a) The Department shall conduct a pilot
project to examine, study and contrast the Joint Commission
on the Accreditation of Health Care Organizations
("Commission") accreditation review process with the current
regulations and licensure surveys process conducted by the
Department for long-term care facilities. This pilot project
will enable qualified facilities to apply for participation
in the project, in which surveys completed by the Commission
are accepted by the Department in lieu of inspections
required by this Act, as provided in subsection (b) of this
Section. It is intended that this pilot project shall
commence on January 1, 1990, and shall conclude on December
31, 2000 1997, with a final report to be submitted to the
Governor and the General Assembly by June 30, 2001 1998.
(b) (1) In lieu of conducting an inspection for license
renewal under this Act, the Department may accept from a
facility that is accredited by the Commission under the
Commission's long-term care standards the facility's most
recent annual accreditation review by the Commission. In
addition to such review, the facility shall submit any fee or
other license renewal report or information required by law.
The Department may accept such review for so long as the
Commission maintains an annual inspection or review program.
If the Commission does not conduct an on-site annual
inspection or review, the Department shall conduct an
inspection as otherwise required by this Act. If the
Department determines that an annual on-site inspection or
review conducted by the Commission does not meet minimum
standards set by the Department, the Department shall not
accept the Commission's accreditation review and shall
conduct an inspection as otherwise required by this Act.
The Department shall establish procedures applicable to
the pilot project conducted pursuant to this Section. The
procedures shall provide for a review of the Commission's
survey findings that may be Type "A" or Type "B" violations
under this Act requiring immediate correction, the taking of
necessary and appropriate action to determine whether such
violations exist, and steps to effect corrective action in
cooperation with the Commission, or otherwise under this Act,
as may be necessary. The Department shall also establish
procedures to require the Commission to immediately report to
the Department any survey finding that constitutes a
condition or occurrence relating to the operation and
maintenance of a facility which presents a substantial
probability that death or serious mental or physical harm to
a resident will result therefrom, so as to enable the
Department to take necessary and appropriate action under
this Act.
(2) This subsection (b) does not limit the Department in
performing any inspections or other duties authorized by this
Act, or under any contract relating to the medical assistance
program administered by the Illinois Department of Public
Aid, or under Title XVIII or Title XIX of the Social Security
Act.
(3) No facility shall be required to obtain
accreditation from the Commission.
(c) Participation in the pilot project shall be limited
to facilities selected at random by the Director, provided
that:
(1) facilities shall apply to the Director for
selection to participate;
(2) facilities which are currently accredited by
the Commission may apply to participate;
(3) any facility not accredited by the Commission
at the time of application to participate in the pilot
project shall apply for such accreditation;
(4) the number of facilities so selected shall be
no greater than 15% of the total number of long-term care
facilities licensed under this Act;
(5) the number of facilities so selected shall be
divided equally between facilities having fewer than 100
beds and facilities having 100 or more beds;
(6) facilities so selected shall have been licensed
for more than 2 years and shall not have been issued a
conditional license within 2 years before applying for
participation in the pilot project; and
(7) no facilities so selected shall have been
issued a notice of a Type "A" violation within one year
before applying for participation in the pilot project.
(d) Inspections and surveys conducted by the Commission
under the pilot project for initial or continued
accreditation shall not be announced in advance to the
facility being inspected or surveyed, and shall provide for
participation in the inspection or survey process by
residents of the facility and the public.
(e) With respect to any facility accredited by the
Commission, the Commission shall submit to the Department
copies of:
(1) the accreditation award letter;
(2) the accreditation report, including
recommendations and comments by the Commission; and
(3) any correspondence directly related to the
accreditation.
(f) No facility which is denied initial or continued
accreditation by the Commission shall participate in the
pilot project.
(g) The Director shall meet at least once every 6 months
with the director of the Commission's long-term care facility
accreditation program to review, coordinate and modify as
necessary the services performed by the Commission under the
pilot project. On or before June 30, 1993, the Director
shall submit to the Governor and to the General Assembly a
report evaluating the pilot project and making any
recommendations deemed necessary.
(h) This Section does not limit the Department in
performing any inspections or other duties authorized by this
Act, or under any contract relating to the medical assistance
program administered by the Illinois Department of Public
Aid, or under Title XVIII or Title XIX of the Social Security
Act.
(Source: P.A. 88-45; 89-171, eff. 7-19-95; 89-381, eff.
8-18-95; 89-626, eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.