Public Act 098-0505
 
SB2353 EnrolledLRB098 08114 DRJ 38205 b

    AN ACT concerning regulation.
 
    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
Sections 3-208 and 3-304.1 as follows:
 
    (210 ILCS 45/3-208)  (from Ch. 111 1/2, par. 4153-208)
    Sec. 3-208. (a) Each licensee shall file annually, or more
often as the Director shall by rule prescribe, an attested
financial statement. The Director may order an audited
financial statement of a particular facility by an auditor of
the Director's choice, provided the cost of such audit is paid
by the Department.
    (b) No public funds shall be expended for the maintenance
of any resident in a facility which has failed to file the
financial statement required under this Section and no public
funds shall be paid to or on behalf of a facility which has
failed to file a statement.
    (c) The Director of Public Health and the Director of
Healthcare and Family Services shall promulgate under Sections
3-801 and 3-802, one set of regulations for the filing of these
financial statements, and shall provide in these regulations
for forms, required information, intervals and dates of filing
and such other provisions as they may deem necessary.
    (c-5) A facility which is owned by a chain organization as
defined by the Centers for Medicare and Medicaid Services shall
submit annually to the Department a copy of the Home Office
Cost Statement required to be submitted by the home office of
the chain to the United States Department of Health and Human
Services. This Home Office Cost Statement contains
proprietary, privileged, and confidential information that
shall not be placed on the World Wide Web. Any request from the
public received by any public agency to disclose this Home
Office Cost Statement shall be subject to the provisions of the
Freedom of Information Act.
    (d) The Director of Public Health and the Director of
Healthcare and Family Services shall seek the advice and
comments of other State and federal agencies which require the
submission of financial data from facilities licensed under
this Act and shall incorporate the information requirements of
these agencies so as to impose the least possible burden on
licensees. No other State agency may require submission of
financial data except as expressly authorized by law or as
necessary to meet requirements of federal statutes or
regulations. Information obtained under this Section shall be
made available, upon request, by the Department to any other
State agency or legislative commission to which such
information is necessary for investigations or required for the
purposes of State or federal law or regulation.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (210 ILCS 45/3-304.1)
    Sec. 3-304.1. Public computer access to information.
    (a) The Department must make information regarding nursing
homes in the State available to the public in electronic form
on the World Wide Web, including all of the following
information:
        (1) who regulates nursing homes;
        (2) information in the possession of the Department
    that is listed in Sections 3-210 and 3-304;
        (3) deficiencies and plans of correction;
        (4) enforcement remedies;
        (5) penalty letters;
        (6) designation of penalty monies;
        (7) the U.S. Department of Health and Human Services'
    Health Care Financing Administration special projects or
    federally required inspections;
        (8) advisory standards;
        (9) deficiency-free surveys;
        (10) enforcement actions and enforcement summaries;
    and
        (11) distressed facilities; .
        (12) a link to the most recent facility cost report
    filed with the Department of Healthcare and Family
    Services;
        (13) a link to the most recent Consumer Choice
    Information Report filed with the Department on Aging;
        (14) whether the facility is part of a chain; the
    facility shall be deemed part of a chain if it meets
    criteria established by the United States Department of
    Health and Human Services that identify it as owned by a
    chain organization;
        (15) whether the facility is a for-profit or
    not-for-profit facility; and
        (16) whether the facility is or is part of a continuing
    care retirement community.
    (b) No fee or other charge may be imposed by the Department
as a condition of accessing the information.
    (c) The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or print
distribution of the information.
    (d) The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form.
(Source: P.A. 96-1372, eff. 7-29-10.)