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.".