Sen. Julie A. Morrison

Filed: 4/9/2024

 

 


 

 


 
10300SB3115sam003LRB103 36794 CES 72018 a

1
AMENDMENT TO SENATE BILL 3115

2    AMENDMENT NO. ______. Amend Senate Bill 3115 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing 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
8transferred from the person named in the license to any other
9person, the transferee must obtain a new probationary license.
10The transferee shall notify the Department of the transfer and
11apply for a new license at least 30 days prior to final
12transfer.
13    (b) The transferor shall notify the Department at least 30
14days prior to final transfer. The transferor shall remain
15responsible for the operation of the facility until such time
16as a license is issued to the transferee.

 

 

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1    (c) The transferee shall submit to the Department a
2transition plan, signed by both the transferee and the
3transferor, that includes, at a minimum, a detailed
4explanation of how resident care and appropriate staffing
5levels shall be maintained until the license has been obtained
6and the transfer of the facility operations occurs. The
7transition plan shall be submitted at the same time as notice
8to the Department of the transfer. The transferor and
9transferee shall coordinate as necessary to ensure that there
10are no gaps in care, staffing, and safety during the
11transition period.
12    The Department shall accept or reject the transition plan
13within 10 days after submission. If the transition plan is
14rejected, the Department shall work with the facility, the
15transferee, and the transferor to bring the transition plan
16into compliance. If the Department finds that an entity failed
17to follow an accepted transition plan and ensure residents are
18provided adequate care during the change of ownership process,
19and finds actual harm to a resident, the Department shall
20establish a high-risk designation pursuant to paragraph (9) of
21Section 3-305. The Department shall issue a violation to the
22entity that failed to carry out their responsibility under the
23transition plan that resulted in the violation. As described
24in this Section, the change of ownership process shall begin
25upon submission of the transition plan to 30 days after the
26transfer of the facility.

 

 

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1(Source: P.A. 98-756, eff. 7-16-14.)
 
2    (210 ILCS 45/3-113)  (from Ch. 111 1/2, par. 4153-113)
3    Sec. 3-113. (a) The license granted to the transferee
4shall be subject to the plan of correction submitted by the
5previous owner and approved by the Department and any
6conditions contained in a conditional license issued to the
7previous owner. If there are outstanding violations and no
8approved plan of correction has been implemented, the
9Department may issue a conditional license and plan of
10correction as provided in Sections 3-311 through 3-317. The
11license granted to a transferee for a facility that is in
12receivership shall be subject to any contractual obligations
13assumed by a grantee under the Equity in Long-term Care
14Quality Act and to the plan submitted by the receiver for
15continuing and increasing adherence to best practices in
16providing high-quality nursing home care, unless the grant is
17repaid, under conditions to be determined by rule by the
18Department in its administration of the Equity in Long-term
19Care Quality Act.
20    (b) If the Department finds that an entity failed to
21follow an accepted transition plan and ensure residents are
22provided adequate care during the change of ownership process,
23and finds actual harm to a resident, the Department shall
24establish a high-risk designation pursuant to paragraph (9) of
25Section 3-305. The Department shall issue a violation to the

 

 

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1entity that failed to carry out their responsibility under the
2transition plan that caused the violation. As described in
3this Section, the change of ownership process shall begin upon
4submission of the transition plan to 30 days after the
5transfer of the facility.
6(Source: P.A. 96-1372, eff. 7-29-10.)
 
7    (210 ILCS 45/3-114)  (from Ch. 111 1/2, par. 4153-114)
8    Sec. 3-114. The transferor shall remain liable for all
9penalties assessed against the facility which are imposed for
10violations occurring prior to transfer of ownership. If the
11Department finds that an entity failed to follow an accepted
12transition plan and ensure residents are provided adequate
13care during the change of ownership process, and finds actual
14harm to a resident, the Department shall establish a high-risk
15designation pursuant to paragraph (9) of Section 3-305. The
16Department shall issue a violation to the entity that failed
17to carry out their responsibility under the transition plan
18that caused the violation. As described in this Section, the
19change of ownership process shall begin upon submission of the
20transition plan to 30 days after the transfer of the facility.
21(Source: P.A. 81-223.)".