Bill Status of HB3392  103rd General Assembly

Short Description:  REGULATION-TECH

House Sponsors
Rep. Emanuel Chris Welch - Mary E. Flowers - La Shawn K. Ford - Cynthia Soto - William Davis, Laura Fine, Litesa E. Wallace, Robert Martwick, Sonya M. Harper, Kelly M. Cassidy, Jaime M. Andrade, Jr., Carol Ammons, Katie Stuart, Elizabeth Hernandez, Anna Moeller, Sam Yingling, Al Riley, Lawrence Walsh, Jr., Michael Halpin, Marcus C. Evans, Jr., Jehan Gordon-Booth, Rita Mayfield, Christian L. Mitchell, Deb Conroy, Will Guzzardi, Martin J. Moylan, Thaddeus Jones, Kathleen Willis, Silvana Tabares, LaToya Greenwood, Robyn Gabel, Anthony DeLuca, Gregory Harris, Linda Chapa LaVia, Arthur Turner, Barbara Flynn Currie, Justin Slaughter, Bill Mitchell, Steven A. Andersson and Ann M. Williams

Last Action
DateChamber Action
  1/8/2019HouseSession Sine Die

Statutes Amended In Order of Appearance
210 ILCS 45/1-101from Ch. 111 1/2, par. 4151-101

Synopsis As Introduced
Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 1
Deletes reference to:
210 ILCS 45/1-101
Adds reference to:
210 ILCS 9/10
210 ILCS 9/15
210 ILCS 9/75
210 ILCS 9/80
210 ILCS 9/90
210 ILCS 9/95
210 ILCS 9/110
210 ILCS 45/1-111from Ch. 111 1/2, par. 4151-111
210 ILCS 45/1-114.005
210 ILCS 45/1-128from Ch. 111 1/2, par. 4151-128
210 ILCS 45/2-104from Ch. 111 1/2, par. 4152-104
210 ILCS 45/2-111from Ch. 111 1/2, par. 4152-111
210 ILCS 45/3-202.05
210 ILCS 45/3-209from Ch. 111 1/2, par. 4153-209
210 ILCS 45/3-305from Ch. 111 1/2, par. 4153-305
210 ILCS 45/3-305.6 new
210 ILCS 45/3-401from Ch. 111 1/2, par. 4153-401
210 ILCS 45/3-401.1from Ch. 111 1/2, par. 4153-401.1
210 ILCS 45/3-402from Ch. 111 1/2, par. 4153-402
210 ILCS 45/3-404from Ch. 111 1/2, par. 4153-404
210 ILCS 45/3-405from Ch. 111 1/2, par. 4153-405
210 ILCS 45/3-410from Ch. 111 1/2, par. 4153-410
210 ILCS 45/3-411from Ch. 111 1/2, par. 4153-411
210 ILCS 45/3-413from Ch. 111 1/2, par. 4153-413
210 ILCS 45/3-413.1 new
210 ILCS 45/3-424 new

Replaces everything after the enacting clause. Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when a resident is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident and the resident's representative when there is a significant change in the resident's condition that may affect the establishment's ability to meet the resident's needs. Provides that if an establishment initiates a termination of residency, then the resident, the resident's representative, and the Office of State Long Term Care Ombudsman shall be provided with specified written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that, in addition to any other penalty, an establishment that improperly terminates a resident shall be assessed no less than a Type 1 violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Provides that an unlawful transfer or discharge is, at minimum, a Type A violation. Provides that prior to issuing a notice of transfer or discharge of a resident under specified provisions, an attending physician shall conduct an in-person assessment, with the findings documented in the resident's clinical record. Changes certain notice periods relating to an involuntary transfer or discharge of a resident from 21 days to 30 days. Changes provisions concerning minimum staffing ratios for skilled care and intermediate care. Provides that by January 1, 2018, the Department shall adopt specified rules concerning staffing standards and financial penalties for facilities out of compliance with minimum staffing standards. Provides that a violation of the minimum staffing requirements is, at minimum, a Type B violation. Makes other changes. Amends the Assisted Living and Shared Housing Act and Nursing Home Care Act. Provides that in certain circumstances the Department shall order the immediate readmission of a resident by an establishment or facility and the establishment or facility shall immediately comply with the order. Provides that failure of an establishment or facility to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules that provide for a prohibition on conflicts of interest for persons who conduct involuntary termination of residency hearings and involuntary transfer or discharge hearings.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Healthcare & Family Services)
 This bill will have no impact on the Department of Healthcare and Family Services.

 Fiscal Note (Dept. of Public Health)
 Included are three versions for the fiscal note for H83392. In speaking with bill crafters they have advised the Department of Public Health (DPH) that they are only looking for the data and it is not their intent for DPH to hire staff, (Scenario #2). Until a further amendment is finalized, DPH are basing our Fiscal Note on three different scenarios: (1) Required OHCR staffing if language unchanged (Fiscal Impact = 2,256.3; Personal Services = $1,076,952.00); (2) Hiring a program to concert federal CMS data (Fiscal Impact = $500.00); (3) Required OHCR staffing plus contractual employee required if language unchanged (Fiscal Impact = $2,756.3; Personal Services = $1,076,952.00 ).

DateChamber Action
  2/9/2017HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Executive Committee
  3/7/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  3/7/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2017HouseRe-assigned to Human Services Committee
  3/9/2017HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/9/2017HouseAdded Co-Sponsor Rep. Lou Lang
  3/10/2017HouseAdded Co-Sponsor Rep. Laura Fine
  3/16/2017HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/16/2017HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/20/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  3/21/2017HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  3/21/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  3/21/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  3/21/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/21/2017HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/21/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  3/22/2017HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/22/2017HouseDo Pass as Amended / Short Debate Human Services Committee; 011-001-000
  3/22/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2017HouseAdded Co-Sponsor Rep. Katie Stuart
  3/23/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/23/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  3/23/2017HouseAdded Co-Sponsor Rep. Sam Yingling
  3/28/2017HouseRemoved Co-Sponsor Rep. Lou Lang
  3/28/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Norine K. Hammond
  3/28/2017HouseAdded Co-Sponsor Rep. Al Riley
  3/28/2017HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  3/28/2017HouseAdded Co-Sponsor Rep. Michael Halpin
  3/28/2017HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/28/2017HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  3/28/2017HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/28/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  3/28/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  3/28/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/28/2017HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/28/2017HouseAdded Co-Sponsor Rep. Thaddeus Jones
  4/5/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  4/5/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/18/2017HouseAdded Co-Sponsor Rep. LaToya Greenwood
  4/19/2017HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/24/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/25/2017HouseAdded Co-Sponsor Rep. Anthony DeLuca
  4/25/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  4/25/2017HouseFiscal Note Filed
  4/26/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/26/2017HouseAdded Co-Sponsor Rep. Arthur Turner
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2017HouseAdded Chief Co-Sponsor Rep. William Davis
  4/28/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/28/2017HouseAdded Co-Sponsor Rep. Justin Slaughter
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee
  5/3/2017HouseAdded Co-Sponsor Rep. Bill Mitchell
  5/10/2017HouseAdded Co-Sponsor Rep. Steven A. Andersson
  3/21/2018HouseApproved for Consideration Rules Committee; 004-000-000
  3/21/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2018HouseAdded Co-Sponsor Rep. Ann M. Williams
  4/27/2018HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2019HouseSession Sine Die