94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4863


 
Introduced 01/19/06, by Rep. Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 45/3-303
  from Ch. 111 1/2, par. 4153-303







    Amends the Nursing Home Care Act. Provides that within 10 days after the Department of Public Health notifies a facility that it has committed a Type "A" violation, a violation of the Act for which a plan of correction or a report of correction is required, or a level D or higher violation of federal Medicare and Medicaid nursing home certification requirements, the facility shall give any resident whose care is the subject of the violation (i) a copy of the notice of the violation and (ii) a written notice stating which violation or violations in the notice of violation apply to that resident. Requires the Department to prescribe a form to be used for giving residents the required notice. Provides that in a case in which a plan of correction is required, the notice required by these provisions shall be considered part of the plan of correction.  Provides that a facility shall provide written proof to the Department that the notice required by these provisions has been given.
















LRB094 18572 DRJ 53910 b

















 


 


A BILL FOR









 











HB4863

LRB094 18572 DRJ 53910 b






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    AN ACT concerning regulation.

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


 
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    Section 5. The Nursing Home Care Act is amended  by changing 
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Section 3-303 as follows:
 



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    (210 ILCS 45/3-303)  (from Ch. 111 1/2, par. 4153-303)



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    Sec. 3-303. (a) The situation, condition or practice 
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constituting a Type
"A" violation shall be abated or eliminated 
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immediately unless a fixed period
of time, not exceeding 15 
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days, as determined by the Department and specified
in the 
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notice of violation, is required for correction.

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    (b) At the time of issuance of a notice of a Type "B" 
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violation,
the Department shall request a plan of correction 
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which is subject to the
Department's approval.  The facility 
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shall have 10 days after receipt of
notice of violation in 
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which to prepare and submit a plan of correction.
The 
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Department may extend this period up to 30 days where 
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correction involves
substantial capital improvement.  The plan 
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shall include a fixed time period
not in excess of 90 days 
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within which violations are to be corrected.  If
the Department 
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rejects a plan of correction, it shall send notice of the

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rejection and the reason for the rejection to the facility.  The 
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facility
shall have 10 days after receipt of the notice of 
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rejection in which to
submit a modified plan.  If the modified 
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plan is not timely submitted, or
if the modified plan is 
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rejected, the facility shall follow an approved
plan of 
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correction imposed by the Department.

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    (c) If the violation has been corrected prior to submission 
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and approval
of a plan of correction, the facility may submit a 
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report of correction
in place of a plan of correction.  Such 
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report shall be signed by the
administrator under oath.

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    (d) Upon a licensee's petition, the Department shall 
 


 






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determine whether
to grant a licensee's request for an extended 
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correction time.  Such petition
shall be served on the 
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Department prior to expiration of the correction
time 
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originally approved.  The burden of proof is on the petitioning 
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facility
to show good cause for not being able to comply with 
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the original correction
time approved.

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    (e) If a facility desires to contest any Department action 
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under this
Section it shall send a written request for a 
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hearing under Section 3-703
to the Department within 10 days of 
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receipt of notice of the contested action.
The Department shall 
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commence the hearing as provided under Section 3-703.
Whenever 
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possible, all action of the Department under this Section 
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arising
out of a violation shall be contested and determined at 
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a single hearing.
Issues decided after a hearing may not be 
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reheard at subsequent hearings
under this Section.

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    (f) Within 10 days after the Department notifies a facility 
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that it has committed a Type "A" violation, a violation of this 
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Act for which a plan of correction or a report of correction is 
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required, or a level D or higher violation of federal Medicare 
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and Medicaid nursing home certification requirements, the 
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facility shall give any resident whose care is the subject of 
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the violation (i) a copy of the notice of the violation and 
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(ii) a written notice stating which violation or violations in 
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the notice of violation apply to that resident.  If the resident 
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is identified in the notice of violation by a pseudonym, the 
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facility notice to the resident shall include identification of 
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the pseudonym.  If the resident has a representative authorized 
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to receive health care information about the resident, the 
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facility shall also give the notice to the representative.
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    If the facility is appealing the notice of violation, the 
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written notice to the resident or resident's representative 
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under this subsection may state that the facility is appealing, 
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but the facility's filing of an appeal shall not delay the 
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required giving of notice to a resident or resident's 
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representative under this subsection.
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    Within 30 days after the effective date of this amendatory 
 


 






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Act of the 94th General Assembly, the Department shall 
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prescribe a form to be used by facilities to give written 
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notice to residents or residents' representatives under this 
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subsection.
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    In any case in which a plan of correction is required, the 
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notice required by this subsection shall be considered part of 
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the plan of correction.
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    A facility shall provide written proof to the Department 
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that the facility has given the notice required by this 
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subsection.

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(Source: P.A. 85-1378.)