101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4592

 

Introduced 2/5/2020, by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-204  from Ch. 111 1/2, par. 4152-204

    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

 

HB4592LRB101 18486 CPF 67937 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 changing
5Section 2-204 as follows:
 
6    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
7    Sec. 2-204. The Director shall appoint a Long-Term Care
8Facility Advisory Board to consult with the Department and the
9residents' advisory councils created under Section 2-203.
10    (a) The Board shall be comprised of the following persons:
11        (1) The Director who shall serve as chairman, ex
12    officio and nonvoting; and
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;
17        (3) One member who shall be a physician licensed to
18    practice medicine in all its branches;
19        (4) One member who shall be a registered nurse selected
20    from the recommendations of professional nursing
21    associations;
22        (5) Four members who shall be selected from the
23    recommendations by organizations whose membership consists

 

 

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1    of facilities;
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;
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
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.
14    (b) The terms of those members of the Board appointed prior
15to the effective date of this amendatory Act of 1988 shall
16expire on December 31, 1988. Members of the Board created by
17this amendatory Act of 1988 shall be appointed to serve for
18terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4
19years. The member of the Board added by this amendatory Act of
201989 shall be appointed to serve for a term of 4 years. Each
21successor member shall be appointed for a term of 4 years. Any
22member appointed to fill a vacancy occurring prior to the
23expiration of the term for which his predecessor was appointed
24shall be appointed for the remainder of such term. The Board
25shall meet as frequently as the chairman deems necessary, but
26not less than 4 times each year. Upon request by 4 or more

 

 

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1members the chairman shall call a meeting of the Board. A
2majority of appointed members shall constitute a quorum. When a
3quorum is present, a majority of votes cast The affirmative
4vote of 6 members of the Board shall be necessary for Board
5action. A member of the Board can designate a replacement to
6serve at the Board meeting and vote in place of the member by
7submitting a letter of designation to the chairman prior to or
8at the Board meeting. The Board members shall be reimbursed for
9their actual expenses incurred in the performance of their
10duties.
11    (c) The Advisory Board shall advise the Department of
12Public Health on all aspects of its responsibilities under this
13Act and the Specialized Mental Health Rehabilitation Act of
142013, including the format and content of any rules promulgated
15by the Department of Public Health. Any such rules, except
16emergency rules promulgated pursuant to Section 5-45 of the
17Illinois Administrative Procedure Act, promulgated without
18obtaining the advice of the Advisory Board are null and void.
19In the event that the Department fails to follow the advice of
20the Board, the Department shall, prior to the promulgation of
21such rules, transmit a written explanation of the reason
22thereof to the Board. During its review of rules, the Board
23shall analyze the economic and regulatory impact of those
24rules. If the Advisory Board, having been asked for its advice,
25fails to advise the Department within 90 days, the rules shall
26be considered acted upon.

 

 

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1(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13;
298-463, eff. 8-16-13.)