Illinois General Assembly - Full Text of HB4724
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Full Text of HB4724  103rd General Assembly

HB4724 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4724

 

Introduced 2/6/2024, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-112  from Ch. 111 1/2, par. 4153-112
210 ILCS 45/3-114  from Ch. 111 1/2, par. 4153-114

    Amends the Nursing Home Care Act. Provides that owners of a facility must submit a transition plan upon a change of ownership. Requires the transition plan to include a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of facility operations occurs. Provides that the Department of Public Health shall not approve any change of ownership without a sufficient transition plan. Provides penalties for failure to provide a transition plan and ensure residents are provided adequate care during the change of ownership process. Provides that the transferor's liability includes failure to have a sufficient transition plan during the change of ownership process. Effective immediately.


LRB103 36795 CES 66905 b

 

 

A BILL FOR

 

HB4724LRB103 36795 CES 66905 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by
5changing Sections 3-112 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. The transferor shall
17also submit a transition plan that includes, at a minimum, a
18detailed explanation of how resident care and appropriate
19staffing levels shall be maintained until the license has been
20obtained and the transfer of facility operations occurs. The
21Department shall not approve any change of ownership without a
22sufficient transition plan from the transferor. The transferor
23and transferee shall coordinate as necessary to ensure that

 

 

HB4724- 2 -LRB103 36795 CES 66905 b

1there are no gaps in care, staffing, and safety during the
2transition period. Failure to provide a transition plan and
3ensure residents are provided adequate care during the change
4of ownership process shall be considered a high-risk
5designation pursuant to paragraph (9) of Section 3-305 by the
6Department. The Department shall assess penalties and fines 2
7times the maximum amount otherwise allowed, which may be
8assessed against both the transferor and transferee.
9(Source: P.A. 98-756, eff. 7-16-14.)
 
10    (210 ILCS 45/3-114)  (from Ch. 111 1/2, par. 4153-114)
11    Sec. 3-114. The transferor shall remain liable for all
12penalties assessed against the facility which are imposed for
13violations occurring prior to transfer of ownership. The
14transferor's liability includes failure to have a sufficient
15transition plan during the change of ownership process.
16(Source: P.A. 81-223.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.