SB2506eng 95TH GENERAL ASSEMBLY

SB2506 Engrossed LRB095 18275 DRJ 44359 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 3-310 as follows:

(210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)

Sec. 3-310. Collection of penalties.

(a) Except as provided in subsection (b), all All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section 3-309, within 10 days of receipt of the final decision, unless the decision is appealed and the order is stayed by court order under Section 3-713. A penalty assessed under this Act shall be collected by the Department and shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund. If the person or facility against whom a penalty has been assessed does not comply with a written demand for payment within 30 days, the Director shall issue an order to do any of the following:

(1) Direct the State Treasurer to deduct the amount of the fine from amounts otherwise due from the State for the penalty and remit that amount to the Department;

(2) Add the amount of the penalty to the facility's licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or

(3) Bring an action in circuit court to recover the amount of the penalty.

(b) If the Director determines that it would be in the best interests of the residents of a facility to do so, the Director may require that the facility use the amount of any penalty assessed under this Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department as provided in subsection (a). If the Director requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction as provided in this subsection, it is the Department's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose.

(c) With the approval of the federal centers for Medicaid and Medicare services, the Director of Public Health shall set aside 50% of the federal civil monetary penalties collected each year to be used to award grants under the Innovations in Long-term Care Quality Grants Act.

(Source: P.A. 92-784, eff. 8-6-02.)

Section 99. Effective date. This Act takes effect upon becoming law.