Illinois General Assembly - Full Text of SB2153
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Full Text of SB2153  102nd General Assembly


Rep. Michael J. Zalewski

Filed: 5/11/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2153 by replacing
3everything from line 9 on page 1 through line 24 on page 5 with
4the following:
5    "(210 ILCS 85/7)  (from Ch. 111 1/2, par. 148)
6    Sec. 7. (a) The Director after notice and opportunity for
7hearing to the applicant or licensee may deny, suspend, or
8revoke a permit to establish a hospital or deny, suspend, or
9revoke a license to open, conduct, operate, and maintain a
10hospital in any case in which he finds that there has been a
11substantial failure to comply with the provisions of this Act,
12the Hospital Report Card Act, or the Illinois Adverse Health
13Care Events Reporting Law of 2005 or the standards, rules, and
14regulations established by virtue of any of those Acts. The
15Department may impose fines on hospitals, not to exceed $500
16per occurrence, for failing to (1) initiate a criminal
17background check on a patient that meets the criteria for



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1hospital-initiated background checks or (2) report the death
2of a person known to be a resident of a facility licensed under
3the ID/DD Community Care Act or the MC/DD Act to the coroner or
4medical examiner within 24 hours as required by Section 6.09a
5of this Act. In assessing whether to impose such a fine for
6failure to initiate a criminal background check, the
7Department shall consider various factors including, but not
8limited to, whether the hospital has engaged in a pattern or
9practice of failing to initiate criminal background checks.
10Money from fines shall be deposited into the Long Term Care
11Provider Fund.
12    (a-5) If a hospital demonstrates a pattern or practice of
13failing to substantially comply with the requirements of
14Section 10.10 or the hospital's written staffing plan, the
15hospital shall provide a plan of correction to the Department
16within 60 days. The Department may impose fines as follows:
17(i) if a hospital fails to implement a written staffing plan
18for nursing services, a fine not to exceed $500 per occurrence
19may be imposed; (ii) if a hospital demonstrates a pattern or
20practice of failing to substantially comply with a plan of
21correction within 60 days after the plan takes effect, a fine
22not to exceed $500 per occurrence may be imposed; and (iii) if
23a hospital demonstrates for a second or subsequent time a
24pattern or practice of failing to substantially comply with a
25plan of correction within 60 days after the plan takes effect,
26a fine not to exceed $1,000 per occurrence may be imposed.



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1Reports of violations of Section 10.10 shall be subject to
2public disclosure under Section 6.14a. Money from fines within
3this subsection (a-5) shall be deposited into the Hospital
4Licensure Fund, and money from fines for violations of Section
510.10 shall be used for scholarships under the Nursing
6Education Scholarship Law.
7    (b) Such notice shall be effected by registered mail or by
8personal service setting forth the particular reasons for the
9proposed action and fixing a date, not less than 15 days from
10the date of such mailing or service, at which time the
11applicant or licensee shall be given an opportunity for a
12hearing. Such hearing shall be conducted by the Director or by
13an employee of the Department designated in writing by the
14Director as Hearing Officer to conduct the hearing. On the
15basis of any such hearing, or upon default of the applicant or
16licensee, the Director shall make a determination specifying
17his findings and conclusions. In case of a denial to an
18applicant of a permit to establish a hospital, such
19determination shall specify the subsection of Section 6 under
20which the permit was denied and shall contain findings of fact
21forming the basis of such denial. A copy of such determination
22shall be sent by registered mail or served personally upon the
23applicant or licensee. The decision denying, suspending, or
24revoking a permit or a license shall become final 35 days after
25it is so mailed or served, unless the applicant or licensee,
26within such 35 day period, petitions for review pursuant to



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1Section 13.
2    (c) The procedure governing hearings authorized by this
3Section shall be in accordance with rules promulgated by the
4Department and approved by the Hospital Licensing Board. A
5full and complete record shall be kept of all proceedings,
6including the notice of hearing, complaint, and all other
7documents in the nature of pleadings, written motions filed in
8the proceedings, and the report and orders of the Director and
9Hearing Officer. All testimony shall be reported but need not
10be transcribed unless the decision is appealed pursuant to
11Section 13. A copy or copies of the transcript may be obtained
12by any interested party on payment of the cost of preparing
13such copy or copies.
14    (d) The Director or Hearing Officer shall upon his own
15motion, or on the written request of any party to the
16proceeding, issue subpoenas requiring the attendance and the
17giving of testimony by witnesses, and subpoenas duces tecum
18requiring the production of books, papers, records, or
19memoranda. All subpoenas and subpoenas duces tecum issued
20under the terms of this Act may be served by any person of full
21age. The fees of witnesses for attendance and travel shall be
22the same as the fees of witnesses before the Circuit Court of
23this State, such fees to be paid when the witness is excused
24from further attendance. When the witness is subpoenaed at the
25instance of the Director, or Hearing Officer, such fees shall
26be paid in the same manner as other expenses of the Department,



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1and when the witness is subpoenaed at the instance of any other
2party to any such proceeding the Department may require that
3the cost of service of the subpoena or subpoena duces tecum and
4the fee of the witness be borne by the party at whose instance
5the witness is summoned. In such case, the Department in its
6discretion, may require a deposit to cover the cost of such
7service and witness fees. A subpoena or subpoena duces tecum
8issued as aforesaid shall be served in the same manner as a
9subpoena issued out of a court.
10    (e) Any Circuit Court of this State upon the application
11of the Director, or upon the application of any other party to
12the proceeding, may, in its discretion, compel the attendance
13of witnesses, the production of books, papers, records, or
14memoranda and the giving of testimony before the Director or
15Hearing Officer conducting an investigation or holding a
16hearing authorized by this Act, by an attachment for contempt,
17or otherwise, in the same manner as production of evidence may
18be compelled before the court.
19    (f) The Director or Hearing Officer, or any party in an
20investigation or hearing before the Department, may cause the
21depositions of witnesses within the State to be taken in the
22manner prescribed by law for like depositions in civil actions
23in courts of this State, and to that end compel the attendance
24of witnesses and the production of books, papers, records, or
26(Source: P.A. 99-180, eff. 7-29-15.)"; and



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1by deleting everything from line 25 on page 17 through line 23
2on page 18.