Human Services Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4735
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2 | AMENDMENT NO. ______. Amend House Bill 4735 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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, "nursing facility" | ||||||
9 | means (1) a skilled nursing or intermediate long term care | ||||||
10 | facility, whether public or private and whether organized for | ||||||
11 | profit or not-for-profit, that is subject to licensure by the | ||||||
12 | Department of Public Health under the Nursing Home Care Act, | ||||||
13 | including a county nursing home directed and maintained under | ||||||
14 | Section 5-1005 of the Counties Code, and (2) a part of a | ||||||
15 | hospital in which skilled or intermediate long term care | ||||||
16 | services within the meaning of Title XVIII or XIX of the Social | ||||||
17 | Security Act are provided. | ||||||
18 | (b) Any nursing facility that has, for the previous 3 | ||||||
19 | years, provided services to at least 35% of its resident | ||||||
20 | population under the medical assistance program under Title XIX | ||||||
21 | of the Social Security Act is eligible to apply for a Nursing | ||||||
22 | Facility Conversion and Modernization Grant. | ||||||
23 | (c) Nursing Facility Conversion and Modernization Grants | ||||||
24 | shall be available for the construction, alteration, |
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1 | reconstruction, renovation, modernization, or improvement of | ||||||
2 | existing nursing facility beds or areas within a nursing | ||||||
3 | facility for any or a combination of any of the following uses: | ||||||
4 | (1) Conversion of a portion of or all nursing facility | ||||||
5 | beds to an assisted living establishment as defined in the | ||||||
6 | Assisted Living and Shared Housing Act or to a supported | ||||||
7 | living facility as provided pursuant to Section 5-5.01a of | ||||||
8 | the Public Aid Code. | ||||||
9 | (2) Conversion of shared nursing facility bedrooms to | ||||||
10 | private, single-bed rooms. | ||||||
11 | (3) Provision of any alternatives to nursing facility | ||||||
12 | care, which, for purposes of this Section, means those | ||||||
13 | services included in the program of home and | ||||||
14 | community-based waiver services for seniors under the | ||||||
15 | medical assistance program under Title XIX of the Security | ||||||
16 | Act, including, but not limited to, adult day services or | ||||||
17 | respite care living space within a nursing facility. | ||||||
18 | (d) Construction projects for conversion or modernization | ||||||
19 | of existing nursing facilities shall not have the effect of: | ||||||
20 | (1) diminishing or reducing the quality of services | ||||||
21 | available to nursing facility residents; or | ||||||
22 | (2) forcing any nursing facility resident to | ||||||
23 | involuntarily accept home or community-based services in | ||||||
24 | lieu of nursing facility services; or | ||||||
25 | (3) diminishing or reducing the supply of long-term | ||||||
26 | care services in any community below the level of need. | ||||||
27 | (e) Grants may not be used to expand a current building, | ||||||
28 | except (i) for additional space required to accommodate related | ||||||
29 | supportive services, such as dining rooms, kitchen and | ||||||
30 | recreation areas, or other community use areas; or
(ii) if the | ||||||
31 | facility demonstrates that new construction is more cost | ||||||
32 | effective than the conversion of existing space. | ||||||
33 | (f) Notwithstanding any local ordinance related to | ||||||
34 | development, planning, or zoning to the contrary, the |
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1 | conversion, modernization, or reuse of a nursing facility that | ||||||
2 | closes or that curtails, reduces, or changes operations shall | ||||||
3 | be considered a conforming use permitted under local law, | ||||||
4 | provided that the facility is converted to another long-term | ||||||
5 | care service. | ||||||
6 | (g) Conversions or modernization pursuant to this Act are | ||||||
7 | exempt from the requirements of the Health Facilities Planning | ||||||
8 | Act. | ||||||
9 | (h) Subject to available appropriations, Nursing Facility | ||||||
10 | Conversion and Modernization Grants shall be available from the | ||||||
11 | Nursing Facility Conversion and Modernization Fund, a special | ||||||
12 | fund hereby created in the State treasury, for capital or | ||||||
13 | one-time capital expenditures, for a maximum of $1,000,000 per | ||||||
14 | nursing facility; provided that grantees shall be required to | ||||||
15 | provide 20% as match toward the total cost of the capital | ||||||
16 | project. Any application for a Nursing Facility Conversion and | ||||||
17 | Modernization Grant shall include the total budget that will be | ||||||
18 | necessary, including State and federal funding, for services to | ||||||
19 | operate the program once the capital project is completed, and | ||||||
20 | shall specify the number of existing nursing facility beds that | ||||||
21 | the nursing facility provider agrees to de-license. In | ||||||
22 | distribution of the grants, the following factors shall be | ||||||
23 | considered: | ||||||
24 | (1) the bed need in the area in which the facility is | ||||||
25 | located; and
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26 | (2) The extent to which the conversion or modernization | ||||||
27 | results in the reduction of licensed nursing facility beds | ||||||
28 | in an area with excess beds. | ||||||
29 | The application and grant process, including rules and | ||||||
30 | regulations for the Nursing Facility Conversion and | ||||||
31 | Modernization Program, shall be promulgated by the Director of | ||||||
32 | Public Health, in coordination with the Director of Public Aid | ||||||
33 | and the Director of Aging. | ||||||
34 | (i) Any nursing facility receiving a grant pursuant to the |
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1 | Nursing Facility Conversion and Modernization Program shall | ||||||
2 | reduce the number of licensed nursing facility beds by an | ||||||
3 | amount equal to or greater than the number of beds being | ||||||
4 | constructed or modernized for one or more of the permitted uses | ||||||
5 | pursuant to subsection (c). | ||||||
6 | (j) Any nursing facility receiving a grant pursuant to the | ||||||
7 | Nursing Facility Conversion and Modernization Program shall | ||||||
8 | agree, for a minimum of 10 years after the date that the grant | ||||||
9 | is awarded, to maintain a minimum of 35% of its occupancy for | ||||||
10 | residents eligible for services under the medical assistance | ||||||
11 | program under Title XIX of the Social Security Act. In the | ||||||
12 | event the nursing facility provider or its successor in | ||||||
13 | interest ceases to comply with the requirement set forth in | ||||||
14 | this subsection, the provider shall refund to the Nursing | ||||||
15 | Facility Conversion and Modernization Fund, on an amortized | ||||||
16 | basis, the amount of the grant. | ||||||
17 | (k) Any nursing facility receiving a grant pursuant to the | ||||||
18 | Nursing Facility Conversion and Modernization Program shall | ||||||
19 | not segregate residents receiving nursing facility services | ||||||
20 | under the medical assistance program under Title XIX of the | ||||||
21 | Social Security Act in an area, section, or portion of the | ||||||
22 | nursing facility and shall not relocate a resident within the | ||||||
23 | nursing facility solely due to a change in payment status from | ||||||
24 | private payment to government subsidy.
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25 | Section 10. Reporting. The Director of Public Health, in | ||||||
26 | coordination with the Director of Public Aid and the Director | ||||||
27 | of Aging, shall implement mechanisms to monitor and analyze the | ||||||
28 | effect of the Nursing Facility Conversion and Modernization | ||||||
29 | Program, including documenting and verifying the savings to the | ||||||
30 | Medicaid program attributable to this Act. A report containing | ||||||
31 | the analysis shall be submitted to the Governor and the General | ||||||
32 | Assembly on January 1, 2006 and on January 1 of each year | ||||||
33 | thereafter. |
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1 | Section 95. The State Finance Act is amended by adding | ||||||
2 | Section
5.625 as follows:
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3 | (30 ILCS 105/5.625 new)
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4 | Sec. 5.625. The Nursing Facility Conversion and | ||||||
5 | Modernization Fund.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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