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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4592 Introduced 2/5/2020, by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED:
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| 210 ILCS 45/2-204 | from Ch. 111 1/2, par. 4152-204 |
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Amends the Nursing Home Care Act. Provides that a majority of appointed members of the Long-Term Care Facility Advisory Board shall constitute a quorum. Provides that when a quorum is present, a majority of votes cast (rather than the affirmative vote of 6 members of the Board) shall be necessary for Board action.
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| | A BILL FOR |
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| | HB4592 | | LRB101 18486 CPF 67937 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Nursing Home Care Act is amended by changing |
| 5 | | Section 2-204 as follows:
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| 6 | | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
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| 7 | | Sec. 2-204. The Director shall appoint a Long-Term Care |
| 8 | | Facility Advisory
Board to consult with the Department and the |
| 9 | | residents' advisory councils
created under Section 2-203.
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| 10 | | (a) The Board shall be comprised of the following persons:
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| 11 | | (1) The Director who shall serve as chairman, ex |
| 12 | | officio and nonvoting;
and
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| 13 | | (2) One representative each of the Department of |
| 14 | | Healthcare and Family Services, the
Department of Human |
| 15 | | Services, the Department on
Aging, and the Office of the |
| 16 | | State Fire Marshal, all nonvoting members;
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| 17 | | (3) One member who shall be a physician licensed to |
| 18 | | practice medicine
in all its branches;
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| 19 | | (4) One member who shall be a registered nurse selected |
| 20 | | from the
recommendations of professional nursing |
| 21 | | associations;
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| 22 | | (5) Four members who shall be selected from the |
| 23 | | recommendations by
organizations whose membership consists |
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| 1 | | of facilities;
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| 2 | | (6) Two members who shall represent the general public |
| 3 | | who are not members
of a residents' advisory council |
| 4 | | established under Section 2-203 and who
have no |
| 5 | | responsibility for management or formation of policy or |
| 6 | | financial
interest in a facility;
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| 7 | | (7) One member who is a member of a residents' advisory |
| 8 | | council
established under Section 2-203 and is capable of |
| 9 | | actively participating on the
Board; and
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| 10 | | (8) One member who shall be selected from the |
| 11 | | recommendations of
consumer organizations which engage |
| 12 | | solely in advocacy or legal
representation on behalf of |
| 13 | | residents and their immediate families.
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| 14 | | (b) The terms of those members of the Board appointed prior |
| 15 | | to the
effective date of this amendatory Act of 1988 shall |
| 16 | | expire on December 31,
1988. Members of the Board created by |
| 17 | | this amendatory Act of 1988 shall be
appointed to serve for |
| 18 | | terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 |
| 19 | | years. The member of the Board added by this amendatory Act
of |
| 20 | | 1989 shall be appointed to serve for a term of 4 years. Each |
| 21 | | successor
member shall be appointed for a term of 4 years. Any |
| 22 | | member appointed to fill
a vacancy occurring prior to the |
| 23 | | expiration of the term for which his
predecessor was appointed |
| 24 | | shall be appointed for the remainder of such term.
The Board |
| 25 | | shall meet as frequently as the chairman deems necessary, but |
| 26 | | not
less than 4 times each year. Upon request by 4 or more |
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| 1 | | members the chairman
shall call a meeting of the Board. A |
| 2 | | majority of appointed members shall constitute a quorum. When a |
| 3 | | quorum is present, a majority of votes cast The affirmative |
| 4 | | vote of 6 members of the
Board shall be necessary for Board |
| 5 | | action. A member of the Board can designate
a replacement to |
| 6 | | serve at the Board meeting and vote in place of the member by
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| 7 | | submitting a letter of designation to the chairman prior to or |
| 8 | | at the
Board meeting. The Board members shall be reimbursed for |
| 9 | | their actual
expenses incurred in the performance of their |
| 10 | | duties.
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| 11 | | (c) The Advisory Board shall advise the Department of |
| 12 | | Public Health on
all aspects of its responsibilities under this |
| 13 | | Act and the Specialized Mental Health Rehabilitation Act of |
| 14 | | 2013, including the format
and content of any rules promulgated |
| 15 | | by the Department of Public Health.
Any such rules, except |
| 16 | | emergency rules promulgated pursuant to Section 5-45 of
the |
| 17 | | Illinois Administrative Procedure Act, promulgated without
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| 18 | | obtaining the advice of the Advisory Board are null and void. |
| 19 | | In the event
that the Department fails to follow the advice of |
| 20 | | the Board, the Department
shall, prior to the promulgation of |
| 21 | | such rules, transmit a written explanation
of the reason |
| 22 | | thereof to the Board. During its review of rules, the Board
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| 23 | | shall analyze the economic and regulatory impact of those |
| 24 | | rules. If the
Advisory Board, having been asked for its advice, |
| 25 | | fails to advise the
Department within 90 days, the rules shall |
| 26 | | be considered acted upon.
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