Bill Status of HB 5213   95th General Assembly

Short Description:  NURSING HOMES-LIABILITY INSUR

House Sponsors
Rep. David E. Miller-Greg Harris-Mary E. Flowers

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
210 ILCS 45/1-114.7 new
210 ILCS 45/2-205from Ch. 111 1/2, par. 4152-205
210 ILCS 45/3-103from Ch. 111 1/2, par. 4153-103
210 ILCS 45/3-109from Ch. 111 1/2, par. 4153-109
210 ILCS 45/3-117from Ch. 111 1/2, par. 4153-117
210 ILCS 45/3-119from Ch. 111 1/2, par. 4153-119
210 ILCS 45/3-202.6 new
210 ILCS 45/3-303.1from Ch. 111 1/2, par. 4153-303.1
210 ILCS 45/3-304.1
210 ILCS 45/3-311from Ch. 111 1/2, par. 4153-311
210 ILCS 45/3-602from Ch. 111 1/2, par. 4153-602
30 ILCS 805/8.32 new

Synopsis As Introduced
Amends the Nursing Home Care Act and the State Mandates Act. Provides that no person may establish or operate a nursing home in Illinois unless and until he or she provides to the Department of Public Health proof of liability insurance coverage in an amount not less than $1,000,000 per occurrence. Requires the Department to deny, suspend, revoke, or refuse to renew a license for failure to maintain liability insurance coverage. Provides that failure to maintain such liability insurance coverage during the term of a facility's license is a Type "A" violation under the Act. Provides that the Director of Public Health may not grant a waiver of a facility's compliance with the requirement to maintain liability insurance coverage. Provides that information concerning a facility's liability insurance coverage is subject to disclosure to the public. Makes other changes with respect to liability insurance coverage. Provides that a licensee shall pay 3 times the actual damages, or $500, whichever is greater (instead of only the actual damages) and costs and attorney's fees to a resident whose rights are violated. Provides that any mandate created by these provisions is exempt from reimbursement by the State.

House Amendment No. 1
Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

 Fiscal Note, House Amendment No. 1 (Dept. of Public Health)
 No fiscal impact is evident.

 Judicial Note, House Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 State Mandates Fiscal Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This legislation creates a non reimbursable State Mandate.

 Housing Affordability Impact Note, House Amendment No. 1 (Housing Development Authority)
 This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note, House Amendment No. 1 (Dept of Corrections)
 This amendment has no fiscal impact on the Department.

 Home Rule Note, House Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 5213 (H-AM 1) does not pre-empt home rule authority.

Actions 
DateChamber Action
  2/14/2008HouseFiled with the Clerk by Rep. David E. Miller
  2/14/2008HouseFirst Reading
  2/14/2008HouseReferred to Rules Committee
  2/20/2008HouseAssigned to Human Services Committee
  2/22/2008HouseAdded Chief Co-Sponsor Rep. Greg Harris
  2/28/2008HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/12/2008HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  3/12/2008HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/12/2008HouseDo Pass as Amended / Standard Debate Human Services Committee; 005-003-001
  3/13/2008HousePlaced on Calendar 2nd Reading - Standard Debate
  3/13/2008HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. William B. Black
  3/13/2008HouseHouse Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. William B. Black
  4/2/2008HouseHouse Amendment No. 1 Fiscal Note Filed as Amended
  4/2/2008HouseSecond Reading - Standard Debate
  4/2/2008HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/2/2008HouseHouse Amendment No. 1 Correctional Note Requested as Amended by Rep. Brent Hassert
  4/2/2008HouseHouse Amendment No. 1 Home Rule Note Requested as Amended by Rep. Brent Hassert
  4/2/2008HouseHouse Amendment No. 1 Housing Affordability Impact Note Requested as Amended by Rep. Brent Hassert
  4/2/2008HouseHouse Amendment No. 1 Judicial Note Requested as Amended by Rep. Brent Hassert
  4/3/2008HouseHouse Amendment No. 1 Judicial Note Filed as Amended
  4/3/2008HouseHouse Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  4/7/2008HouseHouse Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  4/8/2008HouseHouse Amendment No. 1 Correctional Note Filed as Amended
  4/8/2008HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/9/2008HouseSecond Reading - Short Debate
  4/9/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2008HouseHouse Amendment No. 1 Home Rule Note Filed as Amended
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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