Bill Status of SB 3775   102nd General Assembly

Short Description:  NURSE AGENCY LICENSE-VARIOUS

Senate Sponsors
Sen. Omar Aquino, Jil Tracy, Adriane Johnson-John Connor-Sue Rezin, Dave Syverson-Melinda Bush-Ram Villivalam, Cristina Castro, Dale Fowler and Antonio Muņoz

Last Action  View All Actions

DateChamber Action
  1/10/2023SenateSession Sine Die

Statutes Amended In Order of Appearance
225 ILCS 510/3from Ch. 111, par. 953
225 ILCS 510/4from Ch. 111, par. 954
225 ILCS 510/5from Ch. 111, par. 955
225 ILCS 510/7from Ch. 111, par. 957
225 ILCS 510/8from Ch. 111, par. 958
225 ILCS 510/13from Ch. 111, par. 963
225 ILCS 510/14from Ch. 111, par. 964
225 ILCS 510/14.1

Synopsis As Introduced
Amends the Nurse Agency Licensing Act. Defines "covenant not to compete". Changes the definition of "Department" to the Department of Public Health (rather than the Department or Labor). Changes the definitions of "health care facility" and "nurse". Provides that in an application for licensure under the Act, a limited liability company can apply, evidence of general professional liability insurance in the amount of at least $1,000,000 (instead of $500,000) is required per incident and $3,000,000 (instead of $1,000,000) in the aggregate is required for workers' compensation coverage, and there is an application fee of $2,000. Provides that collected fees shall be deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund. Provides that for renewal of licensure, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. Provides that an application for a license may be denied for failure to develop and implement contingency staffing plans to minimize missed shifts. Provides that nurse agencies who knowingly employ, assign, or refer to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and are grounds for suspension, revocation, or refusal to issue or renew a license. Provides that the Department shall establish updated minimum standards. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency's maximum rate for services provided to a health care facility by a nurse or certified nurse aide may not exceed 130% of the regional average hourly wage for each staffing position. Provides that the Department shall establish a system of reporting complaints against a health care staffing agency or its employees. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Makes other changes.

Senate Floor Amendment No. 2
Deletes reference to:
225 ILCS 510/4from Ch. 111, par. 954
225 ILCS 510/8from Ch. 111, par. 958

Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Defines "add-on charges" and "administrative fee". Provides that references to the Department means the Department of Labor (instead of the Department of Public Health). Provides that collected fees shall be used by the Department for the enforcement of the Act (rather than deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund). Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Includes additional minimal standards for the operation of nurse agencies. Provides that in the development of rules to monitor usage of nurse agency services, the Department may consult with the Department of Public Health to ensure the rules will determine the quality of care and public health impacts of the usage of nurse agency services. Provides that the nurse agency's administrative fee shall not exceed 50% (instead of 130%) of the hourly wage and any add-ons paid to the employee. Removes provisions that provide that the Department shall use and publish the most current median hourly wage data reported by the United States Department of Labor Bureau of Labor Statistics. Provides that complaints against a nurse agency shall be investigated by the Department (instead of the Department of Public Health). Makes other changes.

Actions 
DateChamber Action
  1/21/2022SenateFiled with Secretary by Sen. Omar Aquino
  1/21/2022SenateFirst Reading
  1/21/2022SenateReferred to Assignments
  1/25/2022SenateAdded as Co-Sponsor Sen. Jil Tracy
  2/7/2022SenateAdded as Co-Sponsor Sen. Adriane Johnson
  2/8/2022SenateAssigned to Health
  2/10/2022SenateAdded as Chief Co-Sponsor Sen. John Connor
  2/10/2022SenateAdded as Chief Co-Sponsor Sen. Sue Rezin
  2/10/2022SenateAdded as Co-Sponsor Sen. Dave Syverson
  2/10/2022SenateRule 2-10 Committee Deadline Established As February 18, 2022
  2/15/2022SenateAdded as Chief Co-Sponsor Sen. Melinda Bush
  2/16/2022SenateDo Pass Health; 014-000-000
  2/16/2022SenatePlaced on Calendar Order of 2nd Reading February 17, 2022
  2/22/2022SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Omar Aquino
  2/22/2022SenateSenate Floor Amendment No. 1 Referred to Assignments
  2/23/2022SenateSenate Floor Amendment No. 1 Assignments Refers to Health
  2/25/2022SenateRule 2-10 Third Reading Deadline Established As March 11, 2022
  3/2/2022SenateAdded as Chief Co-Sponsor Sen. Ram Villivalam
  3/8/2022SenateSenate Floor Amendment No. 1 Re-referred to Assignments
  3/8/2022SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  3/8/2022SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Omar Aquino
  3/8/2022SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/9/2022SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  3/9/2022SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/9/2022SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 015-000-000
  3/9/2022SenateSecond Reading
  3/9/2022SenateSenate Floor Amendment No. 2 Adopted; Aquino
  3/9/2022SenatePlaced on Calendar Order of 3rd Reading March 10, 2022
  3/10/2022SenateAdded as Co-Sponsor Sen. Dale Fowler
  3/11/2022SenateRule 2-10 Third Reading Deadline Established As March 25, 2022
  3/18/2022SenateAdded as Co-Sponsor Sen. Antonio Muņoz
  3/25/2022SenateRule 2-10 Third Reading Deadline Established As April 8, 2022
  5/10/2022SenateSenate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
  5/10/2022SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/10/2023SenateSession Sine Die

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