Full Text of HB3398 99th General Assembly
HB3398ham001 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 3/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3398
| 2 | | AMENDMENT NO. ______. Amend House Bill 3398 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-202.05 as follows: | 6 | | (210 ILCS 45/3-202.05) | 7 | | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | 8 | | thereafter. | 9 | | (a) For the purpose of computing staff to resident ratios, | 10 | | direct care staff shall include: | 11 | | (1) registered nurses; | 12 | | (2) licensed practical nurses; | 13 | | (3) certified nurse assistants; | 14 | | (4) psychiatric services rehabilitation aides; | 15 | | (5) rehabilitation and therapy aides; | 16 | | (6) psychiatric services rehabilitation coordinators; |
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| 1 | | (7) assistant directors of nursing; | 2 | | (8) 50% of the Director of Nurses' time; and | 3 | | (9) 30% of the Social Services Directors' time. | 4 | | The Department shall, by rule, allow certain facilities | 5 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 6 | | S) to utilize specialized clinical staff, as defined in rules, | 7 | | to count towards the staffing ratios. | 8 | | Within 120 days of the effective date of this amendatory | 9 | | Act of the 97th General Assembly, the Department shall | 10 | | promulgate rules specific to the staffing requirements for | 11 | | facilities federally defined as Institutions for Mental | 12 | | Disease. These rules shall recognize the unique nature of | 13 | | individuals with chronic mental health conditions, shall | 14 | | include minimum requirements for specialized clinical staff, | 15 | | including clinical social workers, psychiatrists, | 16 | | psychologists, and direct care staff set forth in paragraphs | 17 | | (4) through (6) and any other specialized staff which may be | 18 | | utilized and deemed necessary to count toward staffing ratios. | 19 | | Within 120 days of the effective date of this amendatory | 20 | | Act of the 97th General Assembly, the Department shall | 21 | | promulgate rules specific to the staffing requirements for | 22 | | facilities licensed under the Specialized Mental Health | 23 | | Rehabilitation Act of 2013. These rules shall recognize the | 24 | | unique nature of individuals with chronic mental health | 25 | | conditions, shall include minimum requirements for specialized | 26 | | clinical staff, including clinical social workers, |
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| 1 | | psychiatrists, psychologists, and direct care staff set forth | 2 | | in paragraphs (4) through (6) and any other specialized staff | 3 | | which may be utilized and deemed necessary to count toward | 4 | | staffing ratios. | 5 | | (b) Beginning January 1, 2011, and thereafter, light | 6 | | intermediate care shall be staffed at the same staffing ratio | 7 | | as intermediate care. | 8 | | (c) Facilities shall notify the Department within 60 days | 9 | | after the effective date of this amendatory Act of the 96th | 10 | | General Assembly, in a form and manner prescribed by the | 11 | | Department, of the staffing ratios in effect on the effective | 12 | | date of this amendatory Act of the 96th General Assembly for | 13 | | both intermediate and skilled care and the number of residents | 14 | | receiving each level of care. | 15 | | (d)(1) Effective July 1, 2010, for each resident needing | 16 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 17 | | and personal care each day must be provided; for each resident | 18 | | needing intermediate care, 1.7 hours of nursing and personal | 19 | | care each day must be provided. | 20 | | (2) Effective January 1, 2011, the minimum staffing ratios | 21 | | shall be increased to 2.7 hours of nursing and personal care | 22 | | each day for a resident needing skilled care and 1.9 hours of | 23 | | nursing and personal care each day for a resident needing | 24 | | intermediate care. | 25 | | (3) Effective January 1, 2012, the minimum staffing ratios | 26 | | shall be increased to 3.0 hours of nursing and personal care |
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| 1 | | each day for a resident needing skilled care and 2.1 hours of | 2 | | nursing and personal care each day for a resident needing | 3 | | intermediate care. | 4 | | (4) Effective January 1, 2013, the minimum staffing ratios | 5 | | shall be increased to 3.4 hours of nursing and personal care | 6 | | each day for a resident needing skilled care and 2.3 hours of | 7 | | nursing and personal care each day for a resident needing | 8 | | intermediate care. | 9 | | (5) Effective January 1, 2014, the minimum staffing ratios | 10 | | shall be increased to 3.8 hours of nursing and personal care | 11 | | each day for a resident needing skilled care and 2.5 hours of | 12 | | nursing and personal care each day for a resident needing | 13 | | intermediate care.
| 14 | | (e) Ninety days after the effective date of this amendatory | 15 | | Act of the 97th General Assembly, a minimum of 25% of nursing | 16 | | and personal care time shall be provided by licensed nurses, | 17 | | with at least 10% of nursing and personal care time provided by | 18 | | registered nurses. These minimum requirements shall remain in | 19 | | effect until an acuity based registered nurse requirement is | 20 | | promulgated by rule concurrent with the adoption of the | 21 | | Resource Utilization Group classification-based payment | 22 | | methodology, as provided in Section 5-5.2 of the Illinois | 23 | | Public Aid Code. Registered nurses and licensed practical | 24 | | nurses employed by a facility in excess of these requirements | 25 | | may be used to satisfy the remaining 75% of the nursing and | 26 | | personal care time requirements. Notwithstanding this |
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| 1 | | subsection, no staffing requirement in statute in effect on the | 2 | | effective date of this amendatory Act of the 97th General | 3 | | Assembly shall be reduced on account of this subsection. | 4 | | (f) To the extent that a facility is unable to meet the | 5 | | requirements of subsection (e) of this Section, the Department | 6 | | may waive the requirement that at least 10% of nursing and | 7 | | personal care time be provided by registered nurses if all of | 8 | | the following requirements are met: | 9 | | (1) The facility demonstrates to the satisfaction of | 10 | | the Department that the facility has been unable, despite | 11 | | diligent efforts, including offering wages at the | 12 | | community prevailing rate for long term care facilities, to | 13 | | recruit the required number of registered nurses. | 14 | | (2) The Department determines that a waiver of the | 15 | | requirement will not endanger the health or safety of the | 16 | | residents of the facility. | 17 | | (3) The Department finds that, for any periods in which | 18 | | a registered nurse is not available at the facility, a | 19 | | physician or registered nurse is obligated to respond | 20 | | immediately to telephone calls from the facility. | 21 | | A waiver granted under this subsection (f) is subject to | 22 | | quarterly review. A facility that is granted a waiver under | 23 | | this subsection (f) must notify the following of the waiver: | 24 | | the Office of the State Long Term Care Ombudsman, residents of | 25 | | the facility or, if applicable, the guardians or legal | 26 | | representatives of those residents, and members of the |
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| 1 | | residents' immediate families. | 2 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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