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Public Act 097-0489
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| HB1380 Enrolled | LRB097 07241 RPM 47349 b |
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AN ACT concerning health facilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-130 as follows:
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(20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82) |
Sec. 2310-130. Medicare or Medicaid certification fee;
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Health Care Facility and Program Survey
Fund. To establish and |
charge a fee to any facility or program applying to be
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certified to participate in the Medicare
program under Title |
XVIII of the federal Social Security Act or in the Medicaid
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program under Title XIX of the federal Social Security Act to |
cover the costs
associated with the application, inspection, |
and survey of the facility or
program and processing of the |
application. The Department shall establish
the
fee by rule, |
and the fee shall be based only on those application,
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inspection,
and survey and processing costs not reimbursed to |
the State by the federal
government. The fee shall be paid by |
the facility or program before the
application is processed. |
The fees received by the Department under this Section |
shall be
deposited into the Health Care Facility and Program |
Survey Fund, which is
hereby created as a special fund in the |
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State treasury. Moneys in the Fund
shall be appropriated to the |
Department and may be used for any costs incurred
by the |
Department, including personnel costs, in the processing of
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applications for Medicare or Medicaid certification. |
Beginning July 1, 2011, the Department shall employ a |
minimum of one surveyor for every 500 licensed long term care |
beds. Beginning July 1, 2012, the Department shall employ a |
minimum of one surveyor for every 400 licensed long term care |
beds. Beginning July 1, 2013, the Department shall employ a |
minimum of one surveyor for every 300 licensed long term care |
beds. |
The Department shall establish a surveyor development unit |
funded from money deposited in the Long Term Care |
Monitor/Receiver Fund. |
(Source: P.A. 96-1372, eff. 7-29-10.)
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Section 10. The Nursing Home Care Act is amended by |
changing Section 3-103 as follows:
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(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
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Sec. 3-103. The procedure for obtaining a valid license |
shall be as follows:
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(1) Application to operate a facility shall be made to
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the Department on forms furnished by the Department.
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(2)
All license applications shall be accompanied with |
an application fee.
The fee
for an annual license shall be |
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$1,990. Facilities that pay a fee or assessment pursuant to |
Article V-C of the Illinois Public Aid Code shall be exempt |
from the license fee imposed under this item (2). The fee |
for a 2-year
license shall be double the fee for the annual |
license. The
fees collected
shall be deposited with the |
State Treasurer into the Long Term Care
Monitor/Receiver |
Fund, which has been created as a special fund in the State
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treasury.
This special fund is to be used by the Department |
for expenses related to
the appointment of monitors and |
receivers as contained in Sections 3-501
through 3-517 of |
this Act, for the enforcement of this Act, for expenses |
related to surveyor development, and for implementation of |
the Abuse Prevention Review Team Act. All federal moneys |
received as a result of expenditures from the Fund shall be |
deposited into the Fund. The Department may reduce or waive |
a penalty pursuant to Section 3-308 only if that action |
will not threaten the ability of the Department to meet the |
expenses required to be met by the Long Term Care |
Monitor/Receiver Fund. The application shall be under
oath |
and the submission of false or misleading information shall |
be a Class
A misdemeanor. The application shall contain the |
following information:
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(a) The name and address of the applicant if an |
individual, and if a firm,
partnership, or |
association, of every member thereof, and in the case |
of
a corporation, the name and address thereof and of |
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its officers and its
registered agent, and in the case |
of a unit of local government, the name
and address of |
its chief executive officer;
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(b) The name and location of the facility for which |
a license is sought;
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(c) The name of the person or persons under whose |
management or
supervision
the facility will be |
conducted;
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(d) The number and type of residents for which |
maintenance, personal care,
or nursing is to be |
provided; and
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(e) Such information relating to the number, |
experience, and training
of the employees of the |
facility, any management agreements for the operation
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of the facility, and of the moral character of the |
applicant and employees
as the Department may deem |
necessary.
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(3) Each initial application shall be accompanied by a |
financial
statement setting forth the financial condition |
of the applicant and by a
statement from the unit of local |
government having zoning jurisdiction over
the facility's |
location stating that the location of the facility is not |
in
violation of a zoning ordinance. An initial application |
for a new facility
shall be accompanied by a permit as |
required by the "Illinois Health Facilities
Planning Act". |
After the application is approved, the applicant shall
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advise the Department every 6 months of any changes in the |
information
originally provided in the application.
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(4) Other information necessary to determine the |
identity and qualifications
of an applicant to operate a |
facility in accordance with this Act shall
be included in |
the application as required by the Department in |
regulations.
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(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; |
96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; revised |
2-23-11.)
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