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1 | AN ACT concerning nursing facilities.
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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 1. Short title. This Act may be cited as the | ||||||
5 | Nursing Facility Bed Conversion and Modernization Act. | ||||||
6 | Section 5. Nursing Facility Conversion and Modernization | ||||||
7 | Program. | ||||||
8 | (a) For the purposes of this Section: | ||||||
9 | "Nursing facility" means (1) a skilled nursing or | ||||||
10 | intermediate long term care facility, whether public or private | ||||||
11 | and whether organized for profit or not-for-profit, that is | ||||||
12 | subject to licensure by the Department of Public Health under | ||||||
13 | the Nursing Home Care Act, including a county nursing home | ||||||
14 | directed and maintained under Section 5-1005 of the Counties | ||||||
15 | Code, and that is certified under Title XIX of the Social | ||||||
16 | Security Act and (2) a part of a hospital in which skilled or | ||||||
17 | intermediate long term care services within the meaning of | ||||||
18 | Title XVIII or XIX of the Social Security Act are provided. | ||||||
19 | "Conversion and modernization" means the construction, | ||||||
20 | alteration, reconstruction, renovation, modernization, or | ||||||
21 | improvement of existing nursing facility beds or areas within | ||||||
22 | an existing nursing facility. | ||||||
23 | (b) Any nursing facility that has, for the previous 3 | ||||||
24 | years, provided services to at least 35% of its resident | ||||||
25 | population under the medical assistance program under Title XIX | ||||||
26 | of the Social Security Act is eligible to apply for a Nursing | ||||||
27 | Facility Conversion and Modernization Grant. | ||||||
28 | (c) Nursing Facility Conversion and Modernization Grants | ||||||
29 | shall be available for the conversion and modernization of | ||||||
30 | existing nursing facility beds or areas within a nursing | ||||||
31 | facility for any or a combination of any of the following uses: | ||||||
32 | (1) Conversion of a portion of or all nursing facility |
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1 | beds to an assisted living establishment or a special | ||||||
2 | program or unit for persons with Alzheimer's disease or | ||||||
3 | related disorders licensed under the Assisted Living and | ||||||
4 | Shared Housing Act or to a supported living facility as | ||||||
5 | provided pursuant to Section 5-5.01a of the Public Aid | ||||||
6 | Code. | ||||||
7 | (2) Conversion of shared nursing facility bedrooms to | ||||||
8 | private, single-bed rooms. | ||||||
9 | (3) Provision of any alternatives to nursing facility | ||||||
10 | care, which, for purposes of this Section, means those | ||||||
11 | services included in the program of home and | ||||||
12 | community-based waiver services for seniors under the | ||||||
13 | medical assistance program under Title XIX of the Security | ||||||
14 | Act, including, but not limited to, adult day services or | ||||||
15 | respite care living space within a nursing facility. | ||||||
16 | (d) A conversion and modernization shall not have the | ||||||
17 | effect of: | ||||||
18 | (1) diminishing or reducing the quality of services | ||||||
19 | available to nursing facility residents; or | ||||||
20 | (2) forcing any nursing facility resident to | ||||||
21 | involuntarily accept home or community-based services in | ||||||
22 | lieu of nursing facility services; or | ||||||
23 | (3) diminishing or reducing the supply of long-term | ||||||
24 | care services in any community below the level of need. | ||||||
25 | (e) Grants may not be used to expand a current building, | ||||||
26 | except (i) for additional space required to accommodate related | ||||||
27 | supportive services, such as dining rooms, kitchen and | ||||||
28 | recreation areas, or other community use areas; or
(ii) if the | ||||||
29 | facility demonstrates that new construction is more cost | ||||||
30 | effective than the conversion of existing space. | ||||||
31 | (f) Notwithstanding any local ordinance related to | ||||||
32 | development, planning, or zoning to the contrary, the | ||||||
33 | conversion and modernization that closes or that curtails, | ||||||
34 | reduces, or changes operations shall be considered a conforming | ||||||
35 | use permitted under local law, provided that the facility is | ||||||
36 | converted to another long-term care service. |
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1 | (g) Conversions and modernization pursuant to this Act are | ||||||
2 | exempt from the requirements of the Health Facilities Planning | ||||||
3 | Act. | ||||||
4 | (h) Subject to available appropriations, Nursing Facility | ||||||
5 | Conversion and Modernization Grants shall be available from the | ||||||
6 | Nursing Facility Conversion and Modernization Fund, a special | ||||||
7 | fund hereby created in the State treasury, for capital or | ||||||
8 | one-time capital expenditures, for a maximum of $1,000,000 per | ||||||
9 | nursing facility; provided that grantees shall be required to | ||||||
10 | provide 20%, and may offer to provide more than 20%, as match | ||||||
11 | toward the total cost of the capital project. Any application | ||||||
12 | for a Nursing Facility Conversion and Modernization Grant shall | ||||||
13 | include the total budget that will be necessary, including | ||||||
14 | State and federal funding, for services to operate the program | ||||||
15 | once the capital project is completed, and shall specify the | ||||||
16 | number of existing nursing facility beds that the nursing | ||||||
17 | facility provider agrees to de-license. In distribution of the | ||||||
18 | grants, the following factors shall be considered: | ||||||
19 | (1) the unique needs of residents and their caregivers | ||||||
20 | in the area in which the facility is located; | ||||||
21 | (2) the nursing facility bed need in the area in which | ||||||
22 | the facility is located; | ||||||
23 | (3) the extent to which the conversion and | ||||||
24 | modernization results in the reduction of certified | ||||||
25 | nursing facility beds in an area with excess beds; | ||||||
26 | (4) compliance history with licensure and | ||||||
27 | certification requirements; and
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28 | (5) the extent to which the application reflects | ||||||
29 | collaboration and support for the conversion or | ||||||
30 | modernization by other providers and local government | ||||||
31 | leaders in the community. | ||||||
32 | The application and grant process, including rules and | ||||||
33 | regulations for the Nursing Facility Conversion and | ||||||
34 | Modernization Program, shall be promulgated by the Director of | ||||||
35 | Public Health, in coordination with the Director of Public Aid, | ||||||
36 | the Director of Aging, and the Secretary of Human Services. |
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1 | (i) Any nursing facility receiving a grant pursuant to the | ||||||
2 | Nursing Facility Conversion and Modernization Program shall | ||||||
3 | reduce the number of certified nursing facility beds by an | ||||||
4 | amount equal to or greater than the number of beds being | ||||||
5 | constructed or modernized for one or more of the permitted uses | ||||||
6 | pursuant to subsection (c). | ||||||
7 | (j) Any nursing facility receiving a grant pursuant to the | ||||||
8 | Nursing Facility Conversion and Modernization Program shall | ||||||
9 | agree, for a minimum of 10 years after the date that the grant | ||||||
10 | is awarded, to maintain a minimum of 35% of its occupancy for | ||||||
11 | residents eligible for services under the medical assistance | ||||||
12 | program under Title XIX of the Social Security Act. In the | ||||||
13 | event the nursing facility provider or its successor in | ||||||
14 | interest ceases to comply with the requirement set forth in | ||||||
15 | this subsection, the provider shall refund to the Nursing | ||||||
16 | Facility Conversion and Modernization Fund, on an amortized | ||||||
17 | basis, the amount of the grant. | ||||||
18 | (k) Any nursing facility receiving a grant pursuant to the | ||||||
19 | Nursing Facility Conversion and Modernization Program shall | ||||||
20 | not segregate residents receiving nursing facility services | ||||||
21 | under the medical assistance program under Title XIX of the | ||||||
22 | Social Security Act in an area, section, or portion of the | ||||||
23 | nursing facility and shall not move or transfer a resident | ||||||
24 | within the nursing facility solely due to a change in payment | ||||||
25 | status from private payment to government subsidy.
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26 | (l) Nothing in this Section shall prohibit a nursing | ||||||
27 | facility from moving or transferring a resident as authorized | ||||||
28 | by the Nursing Home Care Act. | ||||||
29 | Section 10. Reporting. The Director of Public Health, in | ||||||
30 | coordination with the Director of Public Aid, the Director of | ||||||
31 | Aging, and the Secretary of Human Services, shall implement | ||||||
32 | mechanisms to monitor and analyze the effect of the Nursing | ||||||
33 | Facility Conversion and Modernization Program, including | ||||||
34 | documenting and verifying the savings to the Medicaid program | ||||||
35 | attributable to this Act. A report containing the analysis |
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1 | shall be submitted to the Governor and the General Assembly on | ||||||
2 | January 1, 2006 and on January 1 of each year thereafter. | ||||||
3 | Section 90. The Illinois Health Facilities Planning Act is | ||||||
4 | amended by adding Section 12.05 as follows: | ||||||
5 | (20 ILCS 3960/12.05 new)
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6 | Sec. 12.05. Nursing Facility Conversion and Modernization | ||||||
7 | Act. The criteria and standards for health care planning, | ||||||
8 | including but not limited to the statewide inventory | ||||||
9 | established under Section 12 of this Act, shall not be adjusted | ||||||
10 | by any change in the number of nursing facility beds resulting | ||||||
11 | from nursing home conversion or modernization pursuant to the | ||||||
12 | Nursing Facility Conversion and Modernization Act. | ||||||
13 | Section 95. The State Finance Act is amended by adding | ||||||
14 | Section
5.625 as follows:
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15 | (30 ILCS 105/5.625 new)
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16 | Sec. 5.625. The Nursing Facility Conversion and | ||||||
17 | Modernization Fund.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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