Sen. Heather A. Steans
Filed: 4/15/2013
 
 

 

 

 
09800SB2353sam002LRB098 08114 KTG 44675 a



1
AMENDMENT TO SENATE BILL 2353




2    AMENDMENT NO. ______. Amend Senate Bill 2353 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Nursing Home Care Act is amended  by 
5changing Sections 3-208 and 3-304.1 as follows:
 



6    (210 ILCS 45/3-208)  (from Ch. 111 1/2, par. 4153-208)



7    Sec. 3-208. (a) Each licensee shall file annually, or more 
8often as
the Director shall by rule prescribe, an attested 
9financial statement.
The Director may order an audited 
10financial statement
of a particular facility by an auditor of 
11the Director's choice, provided
the cost of such audit is paid 
12by the Department.

13    (b) No public funds shall be expended for the maintenance 
14of any
resident in a facility which has failed to file the 
15financial statement
required under this Section and no public 
16funds shall be paid to or on
behalf of a facility which has 
 
 
09800SB2353sam002- 2 -LRB098 08114 KTG 44675 a

1failed to file a statement.

2    (c) The Director of Public Health and the Director of 
3Healthcare and Family Services

shall promulgate under Sections 
43-801 and 3-802, one set of regulations
for the filing of these 
5financial statements, and shall provide in these
regulations 
6for forms, required information, intervals and dates of
filing 
7and such other provisions as they may deem necessary.

8    (c-5) A facility which is owned by a chain organization as 
9defined by the Centers for Medicare and Medicaid Services shall 
10submit annually to the Department a copy of the Home Office 
11Cost Statement required to be submitted by the home office of 
12the chain to the United States Department of Health and Human 
13Services.  This Home Office Cost Statement contains 
14proprietary, privileged, and confidential information that 
15shall not be placed on the World Wide Web.  Any request from the 
16public received by any public agency to disclose this Home 
17Office Cost Statement shall be subject to the provisions of the 
18Freedom of Information Act. 
19    (d) The Director of Public Health and the Director of 
20Healthcare and Family Services

shall seek the advice and 
21comments of other State and federal agencies
which require the 
22submission of financial data from facilities licensed
under 
23this Act and shall incorporate the information requirements of

24these agencies so as to impose the least possible burden on 
25licensees.
No other State agency may require submission of 
26financial data except as
expressly authorized by law or as 
 
 
09800SB2353sam002- 3 -LRB098 08114 KTG 44675 a

1necessary to meet requirements of
federal statutes or 
2regulations. Information obtained under this Section
shall be 
3made available, upon request, by the Department to any other

4State agency or legislative commission to which such 
5information is
necessary for investigations or required for the 
6purposes of State or
federal law or regulation.

7(Source: P.A. 95-331, eff. 8-21-07.)

 
8    (210 ILCS 45/3-304.1)
9    Sec. 3-304.1. Public computer access to information. 
10    (a) The Department must make information regarding nursing 
11homes in the
State
available to the public in electronic form 
12on the World Wide Web, including all
of the
following 
13information:
14        (1) who regulates nursing homes;
15        (2) information in the possession of the Department 
16    that is listed in
Sections 3-210 and 3-304;
17        (3) deficiencies and plans of correction;
18        (4) enforcement remedies;
19        (5) penalty letters;
20        (6) designation of penalty monies;
21        (7) the U.S. Department of Health and Human Services' 
22    Health Care
Financing Administration special projects or 
23    federally required inspections;
24        (8) advisory standards;
25        (9) deficiency-free surveys;
 
 
09800SB2353sam002- 4 -LRB098 08114 KTG 44675 a

1        (10) enforcement actions and enforcement summaries; 
2    and
3        (11) distressed facilities; . 
4        (12) a link to the most recent facility cost report 
5    filed with the Department of Healthcare and Family 
6    Services;
7        (13) a link to the most recent Consumer Choice 
8    Information Report filed with the Department on Aging;
9        (14) whether the facility is part of a chain;  the 
10    facility shall be deemed part of a chain if it  meets 
11    criteria established by the United States Department of 
12    Health and Human Services that identify it as owned by a 
13    chain organization;
14        (15) whether the facility is a for-profit or 
15    not-for-profit facility; and
16        (16) whether the facility is or is part of a continuing 
17    care retirement community. 
18    (b) No fee or other charge may be imposed by the Department 
19as a condition
of accessing the information.
20    (c) The electronic public access provided through the World 
21Wide Web shall
be
in addition to any other electronic or print 
22distribution of the information.
23    (d) The information shall be made available as provided in 
24this Section in
the
shortest practicable time after it is 
25publicly available in any other form.
26(Source: P.A. 96-1372, eff. 7-29-10.)".