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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Nursing Home Care Act is amended by |
5 | | changing Sections 3-112, 3-113, and 3-114 as follows: |
6 | | (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112) |
7 | | Sec. 3-112. (a) Whenever ownership of a facility is |
8 | | transferred from the person named in the license to any other |
9 | | person, the transferee must obtain a new probationary license. |
10 | | The transferee shall notify the Department of the transfer and |
11 | | apply for a new license at least 30 days prior to final |
12 | | transfer. |
13 | | (b) The transferor shall notify the Department at least 30 |
14 | | days prior to final transfer. The transferor shall remain |
15 | | responsible for the operation of the facility until such time |
16 | | as a license is issued to the transferee. |
17 | | (c) The transferee shall submit to the Department a |
18 | | transition plan, signed by both the transferee and the |
19 | | transferor, that includes, at a minimum, a detailed |
20 | | explanation of how resident care and appropriate staffing |
21 | | levels shall be maintained until the license has been obtained |
22 | | and the transfer of the facility operations occurs. The |
23 | | transition plan shall be submitted at the same time as notice |
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1 | | to the Department of the transfer. The transferor and |
2 | | transferee shall coordinate as necessary to ensure that there |
3 | | are no gaps in care, staffing, and safety during the |
4 | | transition period. |
5 | | The Department shall accept or reject the transition plan |
6 | | within 10 days after submission. If the transition plan is |
7 | | rejected, the Department shall work with the facility, the |
8 | | transferee, and the transferor to bring the transition plan |
9 | | into compliance. If the Department finds that an entity failed |
10 | | to follow an accepted transition plan and ensure residents are |
11 | | provided adequate care during the change of ownership process, |
12 | | and finds actual harm to a resident, the Department shall |
13 | | establish a high-risk designation pursuant to paragraph (9) of |
14 | | Section 3-305. The Department shall issue a violation to the |
15 | | entity that failed to carry out their responsibility under the |
16 | | transition plan that resulted in the violation. As described |
17 | | in this Section, the change of ownership process shall begin |
18 | | upon submission of the transition plan to 30 days after the |
19 | | transfer of the facility. |
20 | | (Source: P.A. 98-756, eff. 7-16-14.) |
21 | | (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) |
22 | | Sec. 3-113. (a) The license granted to the transferee |
23 | | shall be subject to the plan of correction submitted by the |
24 | | previous owner and approved by the Department and any |
25 | | conditions contained in a conditional license issued to the |
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1 | | previous owner. If there are outstanding violations and no |
2 | | approved plan of correction has been implemented, the |
3 | | Department may issue a conditional license and plan of |
4 | | correction as provided in Sections 3-311 through 3-317. The |
5 | | license granted to a transferee for a facility that is in |
6 | | receivership shall be subject to any contractual obligations |
7 | | assumed by a grantee under the Equity in Long-term Care |
8 | | Quality Act and to the plan submitted by the receiver for |
9 | | continuing and increasing adherence to best practices in |
10 | | providing high-quality nursing home care, unless the grant is |
11 | | repaid, under conditions to be determined by rule by the |
12 | | Department in its administration of the Equity in Long-term |
13 | | Care Quality Act. |
14 | | (b) If the Department finds that an entity failed to |
15 | | follow an accepted transition plan and ensure residents are |
16 | | provided adequate care during the change of ownership process, |
17 | | and finds actual harm to a resident, the Department shall |
18 | | establish a high-risk designation pursuant to paragraph (9) of |
19 | | Section 3-305. The Department shall issue a violation to the |
20 | | entity that failed to carry out their responsibility under the |
21 | | transition plan that caused the violation. As described in |
22 | | this Section, the change of ownership process shall begin upon |
23 | | submission of the transition plan to 30 days after the |
24 | | transfer of the facility. |
25 | | (Source: P.A. 96-1372, eff. 7-29-10.) |
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1 | | (210 ILCS 45/3-114) (from Ch. 111 1/2, par. 4153-114) |
2 | | Sec. 3-114. The transferor shall remain liable for all |
3 | | penalties assessed against the facility which are imposed for |
4 | | violations occurring prior to transfer of ownership. If the |
5 | | Department finds that an entity failed to follow an accepted |
6 | | transition plan and ensure residents are provided adequate |
7 | | care during the change of ownership process, and finds actual |
8 | | harm to a resident, the Department shall establish a high-risk |
9 | | designation pursuant to paragraph (9) of Section 3-305. The |
10 | | Department shall issue a violation to the entity that failed |
11 | | to carry out their responsibility under the transition plan |
12 | | that caused the violation. As described in this Section, the |
13 | | change of ownership process shall begin upon submission of the |
14 | | transition plan to 30 days after the transfer of the facility. |
15 | | (Source: P.A. 81-223.) |