SB3115 EngrossedLRB103 36794 CES 66904 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by
5changing Sections 3-112, 3-113, and 3-114 as follows:
 
6    (210 ILCS 45/3-112)  (from Ch. 111 1/2, par. 4153-112)
7    Sec. 3-112. (a) Whenever ownership of a facility is
8transferred from the person named in the license to any other
9person, the transferee must obtain a new probationary license.
10The transferee shall notify the Department of the transfer and
11apply for a new license at least 30 days prior to final
12transfer.
13    (b) The transferor shall notify the Department at least 30
14days prior to final transfer. The transferor shall remain
15responsible for the operation of the facility until such time
16as a license is issued to the transferee.
17    (c) The transferee shall submit to the Department a
18transition plan, signed by both the transferee and the
19transferor, that includes, at a minimum, a detailed
20explanation of how resident care and appropriate staffing
21levels shall be maintained until the license has been obtained
22and the transfer of the facility operations occurs. The
23transition plan shall be submitted at the same time as notice

 

 

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1to the Department of the transfer. The transferor and
2transferee shall coordinate as necessary to ensure that there
3are no gaps in care, staffing, and safety during the
4transition period.
5    The Department shall accept or reject the transition plan
6within 10 days after submission. If the transition plan is
7rejected, the Department shall work with the facility, the
8transferee, and the transferor to bring the transition plan
9into compliance. If the Department finds that an entity failed
10to follow an accepted transition plan and ensure residents are
11provided adequate care during the change of ownership process,
12and finds actual harm to a resident, the Department shall
13establish a high-risk designation pursuant to paragraph (9) of
14Section 3-305. The Department shall issue a violation to the
15entity that failed to carry out their responsibility under the
16transition plan that resulted in the violation. As described
17in this Section, the change of ownership process shall begin
18upon submission of the transition plan to 30 days after the
19transfer of the facility.
20(Source: P.A. 98-756, eff. 7-16-14.)
 
21    (210 ILCS 45/3-113)  (from Ch. 111 1/2, par. 4153-113)
22    Sec. 3-113. (a) The license granted to the transferee
23shall be subject to the plan of correction submitted by the
24previous owner and approved by the Department and any
25conditions contained in a conditional license issued to the

 

 

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1previous owner. If there are outstanding violations and no
2approved plan of correction has been implemented, the
3Department may issue a conditional license and plan of
4correction as provided in Sections 3-311 through 3-317. The
5license granted to a transferee for a facility that is in
6receivership shall be subject to any contractual obligations
7assumed by a grantee under the Equity in Long-term Care
8Quality Act and to the plan submitted by the receiver for
9continuing and increasing adherence to best practices in
10providing high-quality nursing home care, unless the grant is
11repaid, under conditions to be determined by rule by the
12Department in its administration of the Equity in Long-term
13Care Quality Act.
14    (b) If the Department finds that an entity failed to
15follow an accepted transition plan and ensure residents are
16provided adequate care during the change of ownership process,
17and finds actual harm to a resident, the Department shall
18establish a high-risk designation pursuant to paragraph (9) of
19Section 3-305. The Department shall issue a violation to the
20entity that failed to carry out their responsibility under the
21transition plan that caused the violation. As described in
22this Section, the change of ownership process shall begin upon
23submission of the transition plan to 30 days after the
24transfer of the facility.
25(Source: P.A. 96-1372, eff. 7-29-10.)
 

 

 

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1    (210 ILCS 45/3-114)  (from Ch. 111 1/2, par. 4153-114)
2    Sec. 3-114. The transferor shall remain liable for all
3penalties assessed against the facility which are imposed for
4violations occurring prior to transfer of ownership. If the
5Department finds that an entity failed to follow an accepted
6transition plan and ensure residents are provided adequate
7care during the change of ownership process, and finds actual
8harm to a resident, the Department shall establish a high-risk
9designation pursuant to paragraph (9) of Section 3-305. The
10Department shall issue a violation to the entity that failed
11to carry out their responsibility under the transition plan
12that caused the violation. As described in this Section, the
13change of ownership process shall begin upon submission of the
14transition plan to 30 days after the transfer of the facility.
15(Source: P.A. 81-223.)