093_SB0061ham001 LRB093 03263 LRD 15063 a 1 AMENDMENT TO SENATE BILL 61 2 AMENDMENT NO. . Amend Senate Bill 61 on page 1, line 3 6, by replacing "and 18" with "18, and 19"; and 4 on page 4, by replacing line 5, with the following: 5 "may receive complaints related to violations of this Act. 6 The Department shall establish a complaint system or utilize 7 an existing Department complaint system. The complaint system 8 shall include (i) a complaint verification process by which 9 the Department determines the validity of a complaint and 10 (ii) an opportunity for a health facility to resolve the 11 complaint through an informal dispute resolution process. 12 If the complaint is not resolved informally, then the 13 Department shall serve a notice of violation of this Act upon 14 the health facility. The notice of violation shall be in 15 writing and shall specify the nature of the violation and the 16 statutory provision alleged to have been violated. The notice 17 shall inform the health facility of the action the Department 18 may take under the Act, the amount of any financial penalty 19 to be imposed and the opportunity for the health facility to 20 enter into a plan of correction. The notice shall also inform 21 the health facility of its rights to a hearing to contest the 22 alleged violation under the Administrative Procedure Act."; 23 and -2- LRB093 03263 LRD 15063 a 1 on page 4, by replacing lines 7 through 10 with the 2 following: 3 "Sec. 17. Plan of correction; penalty. If the Department 4 finds that a health facility is in violation of this Act, the 5 health facility may submit to the Department, for its 6 approval, a plan of correction. If a health facility violates 7 an approved plan of correction within 6 months of its 8 submission, the Department may impose a penalty on the health 9 facility. For the first violation of an approved plan of 10 correction, the Department may impose a penalty of up to 11 $100. For a second or subsequent violation of an approved 12 plan of correction the Department may impose a penalty of up 13 to $250. The total fines imposed under this Act against a 14 health facility in a twelve month period shall not exceed 15 $5,000. 16 Penalties imposed under this Act shall be paid to the 17 Department and deposited in the Nursing Dedicated and 18 Professional Fund."; and 19 on page 4, line 13, after the period, by inserting "The 20 Illinois Administrative Procedure Act shall apply to all 21 administrative rules and procedures of the Department under 22 this Act."; and 23 on page 4, immediately below line 13, by inserting the 24 following: 25 "(210 ILCS 87/19 new) 26 Sec. 19. Administrative Review Law. The Administrative 27 Review Law shall apply to and govern all proceedings for 28 judicial review of final administrative decisions of the 29 Department under this Act.".