HB4134 102ND GENERAL ASSEMBLY

LRB102 19623 CPF 28506 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4134

Introduced 9/3/2021, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

See Index

Amends the Nursing Home Care Act. Provides that within one month after the effective date of the amendatory Act, all facilities licensed under the Act must adopt and implement a COVID-19 vaccination mandate that requires all facility staff members licensed in this State to receive a single-shot COVID-19 vaccine or the first dose of a 2-dose COVID-19 vaccine within 7 business days after the facility's mandate takes effect. Provides that the mandate must also require those licensed facility staff members who receive the first dose of a 2-dose COVID-19 vaccine to receive the second dose within the timeframe recommended by the U.S. Food and Drug Administration. Requires the Department of Public Health to issue a notice of noncompliance to facilities and licensed facility staff members who violate the provisions of the amendatory Act. Provides that a facility shall be fined $500 for each week that the facility fails to comply, not to exceed $24,000 per calendar year. Provides that if a facility fails to comply with the requirements of the amendatory Act within 10 business days after receiving a notice of noncompliance, the Department shall notify the facility in writing that its operational license is subject to revocation. Provides that if a facility staff member fails to comply with a facility's COVID-19 vaccination mandate within 5 business days after receiving a notice of noncompliance, the facility staff member shall be notified by the Department that his or her occupational or professional license will be revoked. Provides that a facility staff member's license will be reinstituted upon providing proof of compliance with the facility's COVID-19 vaccination mandate to the Department. Amends the State Finance Act. Creates the Nursing Home Infection Control Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.942 as follows:

(30 ILCS 105/5.942 new)

Sec. 5.942. Nursing Home Infection Control Fund. The Nursing Home Infection Control Fund is created as a special fund in the State treasury. The Fund shall consist of moneys obtained from fees collected by the Department of Public Health under Section 3-325 of the Nursing Home Care Act and moneys appropriated to the Department of Public Health for the purpose of infection control in facilities licensed under the Nursing Home Care Act. Subject to appropriation, moneys in the Fund shall be used by the Department of Public Health to carry out the aforementioned purpose and for no other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund.

Section 10. The Nursing Home Care Act is amended by adding Section 3-325 as follows:

(210 ILCS 45/3-325 new)

Sec. 3-325. COVID-19 vaccination mandate; penalties.

(a) Within one month after the effective date of this amendatory Act of the 102nd General Assembly, all facilities licensed under this Act must adopt and implement a COVID-19 vaccination mandate that requires all facility staff members licensed in this State to receive a single-shot COVID-19 vaccine or the first dose of a 2-dose COVID-19 vaccine within 7 business days after the facility's mandate takes effect. The mandate must also require those licensed facility staff members who receive the first dose of a 2-dose COVID-19 vaccine to receive the second dose within the timeframe recommended by the U.S. Food and Drug Administration. The requirements of this Section shall remain in effect for the duration of a disaster proclamation, and any subsequent disaster proclamation, issued by the Governor in response to the COVID-19 public health emergency.

(b) Upon discovering that a facility has failed to adopt and implement a COVID-19 vaccination mandate as required under subsection (a), the Department shall issue a written notice to the facility informing the facility that it must comply with subsection (a) within 5 business days after receipt of the notice. If the facility does not comply with subsection (a) within the 5-day period, then the facility shall be fined $500 for each week that the facility fails to comply, not to exceed $24,000 per calendar year.

(c) If a facility does not comply with subsection (a) within 10 business days after receiving notice from the Department under subsection (b), the Department shall notify the facility that its operational license will be revoked if it does not comply with subsection (a) within 3 business days after receiving the notification required under this subsection.

(d) Upon discovering that a licensed facility staff member has failed to comply with a facility's COVID-19 vaccination mandate, the Department shall issue a written notice to the staff member informing the staff member that he or she must comply with the facility's COVID-19 vaccination mandate within 5 business days after receipt of the notice.

(e) If a licensed facility staff member does not comply with a facility's COVID-19 vaccination mandate within 5 business days after receiving notice from the Department under subsection (d), the Department shall notify the staff member that his or her occupational or professional license will be revoked if he or she does not comply with the policy implemented under subsection (a) within 3 business days after receiving the notification required under this subsection. A facility staff member's license will be reinstituted upon providing proof of compliance with the facility's COVID-19 vaccination mandate to the Department.

(f) Fines collected by the Department under this Section shall be deposited into the Nursing Home Infection Control Fund created under Section 5.942 of the State Finance Act.

(g) The Department may adopt rules to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.