Illinois General Assembly - Full Text of SB3131
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Full Text of SB3131  99th General Assembly




SB3131 EngrossedLRB099 19003 MJP 43392 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 changing
5Section 3-303.1 as follows:
6    (210 ILCS 45/3-303.1)  (from Ch. 111 1/2, par. 4153-303.1)
7    Sec. 3-303.1. Waiver of requirements.
8    (a) Upon application by a facility, the Director may grant
9or renew the waiver of the facility's compliance with a rule or
10standard for a period not to exceed the duration of the current
11license or, in the case of an application for license renewal,
12the duration of the renewal period. The waiver may be
13conditioned upon the facility taking action prescribed by the
14Director as a measure equivalent to compliance. In determining
15whether to grant or renew a waiver, the Director shall consider
16the duration and basis for any current waiver with respect to
17the same rule or standard and the validity and effect upon
18patient health and safety of extending it on the same basis,
19the effect upon the health and safety of residents, the quality
20of resident care, the facility's history of compliance with the
21rules and standards of this Act and the facility's attempts to
22comply with the particular rule or standard in question.
23    (b) The Department may provide, by rule, for the automatic



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1renewal of waivers concerning physical plant requirements upon
2the renewal of a license. The Department shall renew waivers
3relating to physical plant standards issued pursuant to this
4Section at the time of the indicated reviews, unless it can
5show why such waivers should not be extended for the following
7        (1) (a) the condition of the physical plant has
8    deteriorated or its use substantially changed so that the
9    basis upon which the waiver was issued is materially
10    different; or
11        (2) (b) the facility is renovated or substantially
12    remodeled in such a way as to permit compliance with the
13    applicable rules and standards without substantial
14    increase in cost.
15    (c) Upon application by a facility, the Director may grant
16or renew a waiver of the registered nurse staffing requirements
17contained in subsection (e) of Section 3-202.05, considering
18the criteria in subsection (a), if the facility demonstrates to
19the Director's satisfaction that the facility is unable,
20despite diligent efforts, including offering wages at a
21competitive rate for registered nurses in the community, to
22employ the required number of registered nurses and that the
23waivers will not endanger the health or safety of residents of
24the facility. Nothing in this subsection (c) allows the
25Director to grant or renew a waiver of the minimum registered
26nurse staffing requirements contained in 42 CFR 483.30(b) to a



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1facility that is Medicare-certified or to a facility that is
2both Medicare-certified and Medicaid-certified. Waivers
3granted under this subsection (c) shall be reviewed quarterly
4by the Department, including requiring a demonstration by the
5facility that it has continued to make diligent efforts to
6employ the required number of registered nurses, and shall be
7revoked for noncompliance with any of the following
9        (1) For periods in which the number of registered
10    nurses required by law is not in the facility, a physician
11    or registered nurse shall respond immediately to a
12    telephone call from the facility.
13        (2) The facility shall notify the following of the
14    waiver: the Office of the State Long Term Care Ombudsman,
15    the residents of the facility, the residents' guardians,
16    and the residents' representatives.
17    (d) A copy of each waiver application and each waiver
18granted or renewed shall be on file with the Department and
19available for public inspection. The Director shall annually
20review such file and recommend to the Long Term Care Facility
21Advisory Board any modification in rules or standards suggested
22by the number and nature of waivers requested and granted and
23the difficulties faced in compliance by similarly situated
25(Source: P.A. 85-1216.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.