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Rep. Kelly M. Cassidy
Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1584
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1584, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Nursing Home Care Act is amended by |
| 6 | | changing Sections 3-208 and 3-304.1 as follows:
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| 7 | | (210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208)
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| 8 | | Sec. 3-208. (a) Each licensee shall file annually, or more |
| 9 | | often as
the Director shall by rule prescribe, an attested |
| 10 | | financial statement.
The Director may order an audited |
| 11 | | financial statement
of a particular facility by an auditor of |
| 12 | | the Director's choice, provided
the cost of such audit is paid |
| 13 | | by the Department.
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| 14 | | (b) No public funds shall be expended for the maintenance |
| 15 | | of any
resident in a facility which has failed to file the |
| 16 | | financial statement
required under this Section and no public |
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| 1 | | funds shall be paid to or on
behalf of a facility which has |
| 2 | | failed to file a statement.
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| 3 | | (c) The Director of Public Health and the Director of |
| 4 | | Healthcare and Family Services
shall promulgate under Sections |
| 5 | | 3-801 and 3-802, one set of regulations
for the filing of these |
| 6 | | financial statements, and shall provide in these
regulations |
| 7 | | for forms, required information, intervals and dates of
filing |
| 8 | | and such other provisions as they may deem necessary.
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| 9 | | (c-5) A facility which is owned by a chain organization as |
| 10 | | defined by the Centers for Medicare and Medicaid Services shall |
| 11 | | submit annually to the Department a copy of the Home Office |
| 12 | | Cost Statement required to be submitted by the home office of |
| 13 | | the chain to the United States Department of Health and Human |
| 14 | | Services. The Home Office Cost Statement shall not be placed on |
| 15 | | the World Wide Web. Any request from the public received by any |
| 16 | | public agency pursuant to the Freedom of Information Act to |
| 17 | | disclose this Home Office Cost Statement is subject to a case |
| 18 | | by case determination of whether to withhold the information in |
| 19 | | whole or in part. The Department shall use subsection (b) of |
| 20 | | Section 7 of the Freedom of Information Act as guidance on such |
| 21 | | requests. |
| 22 | | (d) The Director of Public Health and the Director of |
| 23 | | Healthcare and Family Services
shall seek the advice and |
| 24 | | comments of other State and federal agencies
which require the |
| 25 | | submission of financial data from facilities licensed
under |
| 26 | | this Act and shall incorporate the information requirements of
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| 1 | | these agencies so as to impose the least possible burden on |
| 2 | | licensees.
No other State agency may require submission of |
| 3 | | financial data except as
expressly authorized by law or as |
| 4 | | necessary to meet requirements of
federal statutes or |
| 5 | | regulations. Information obtained under this Section
shall be |
| 6 | | made available, upon request, by the Department to any other
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| 7 | | State agency or legislative commission to which such |
| 8 | | information is
necessary for investigations or required for the |
| 9 | | purposes of State or
federal law or regulation.
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| 10 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 11 | | (210 ILCS 45/3-304.1) |
| 12 | | Sec. 3-304.1. Public computer access to information. |
| 13 | | (a) The Department must make information regarding nursing |
| 14 | | homes in the
State
available to the public in electronic form |
| 15 | | on the World Wide Web, including all
of the
following |
| 16 | | information: |
| 17 | | (1) who regulates nursing homes; |
| 18 | | (2) information in the possession of the Department |
| 19 | | that is listed in
Sections 3-210 and 3-304; |
| 20 | | (3) deficiencies and plans of correction; |
| 21 | | (4) enforcement remedies; |
| 22 | | (5) penalty letters; |
| 23 | | (6) designation of penalty monies; |
| 24 | | (7) the U.S. Department of Health and Human Services' |
| 25 | | Health Care
Financing Administration special projects or |
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| 1 | | federally required inspections; |
| 2 | | (8) advisory standards; |
| 3 | | (9) deficiency-free surveys; |
| 4 | | (10) enforcement actions and enforcement summaries; |
| 5 | | and |
| 6 | | (11) distressed facilities; . |
| 7 | | (12) a link to the most recent facility cost report |
| 8 | | filed with the Department of Healthcare and Family |
| 9 | | Services; |
| 10 | | (13) a link to the most recent Consumer Choice |
| 11 | | Information Report filed with the Department on Aging; |
| 12 | | (14) whether the facility is part of a chain; the |
| 13 | | facility shall be deemed part of a chain if it meets |
| 14 | | criteria established by the United States Department of |
| 15 | | Health and Human Services that identify it as owned by a |
| 16 | | chain organization; |
| 17 | | (15) whether the facility is a for-profit or |
| 18 | | not-for-profit facility; and |
| 19 | | (16) whether the facility is or is part of a continuing |
| 20 | | care retirement community. |
| 21 | | (b) No fee or other charge may be imposed by the Department |
| 22 | | as a condition
of accessing the information. |
| 23 | | (c) The electronic public access provided through the World |
| 24 | | Wide Web shall
be
in addition to any other electronic or print |
| 25 | | distribution of the information. |
| 26 | | (d) The information shall be made available as provided in |