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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5132 Introduced 2/8/2012, by Rep. Michael Unes - David R. Leitch - Jehan A. Gordon SYNOPSIS AS INTRODUCED:
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Amends the Nursing Home Care Act. Provides that if (i) a facility requests informal dispute resolution with respect to a complaint of a violation of the Act or a rule adopted under the Act and (ii) the Department of Public Health determines that a violation in fact occurred, then the Department must give written notice of its determination to the facility. Provides that the notice must include citations of the specific law, rule, regulation, evidence, and reasoning underlying the Department's determination. Provides that the notice must also include a detailed explanation, with the citation of specific evidence or arguments presented by the facility, of the reason or reasons why the Department determined that the evidence or arguments were insufficient to refute the complaint.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5132 | | LRB097 18777 DRJ 64013 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Nursing Home Care Act is amended by adding |
| 5 | | Section 3-713.5 as follows:
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| 6 | | (210 ILCS 45/3-713.5 new) |
| 7 | | Sec. 3-713.5. Informal dispute resolution. If (i) a |
| 8 | | facility requests informal dispute resolution with respect to a |
| 9 | | complaint of a violation of this Act or a rule adopted under |
| 10 | | this Act, as authorized by rules adopted by the federal Centers |
| 11 | | for Medicare and Medicaid Services, and (ii) the Department |
| 12 | | determines that a violation in fact occurred, then the |
| 13 | | Department must give written notice of its determination to the |
| 14 | | facility. The notice must include citations of the specific |
| 15 | | law, rule, regulation, evidence, and reasoning underlying the |
| 16 | | Department's determination. The notice must also include a |
| 17 | | detailed explanation, with the citation of specific evidence or |
| 18 | | arguments presented by the facility, of the reason or reasons |
| 19 | | why the Department determined that the evidence or arguments |
| 20 | | were insufficient to refute the complaint.
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