Full Text of SB3112 103rd General Assembly
SB3112enr 103RD GENERAL ASSEMBLY | | | SB3112 Enrolled | | LRB103 37124 CES 67243 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 2-204 as follows: | 6 | | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204) | 7 | | Sec. 2-204. The Director shall appoint a Long-Term Care | 8 | | Facility Advisory Board to consult with the Department and the | 9 | | residents' advisory councils created under Section 2-203. | 10 | | (a) The Board shall be comprised of the following persons: | 11 | | (1) The Director who shall serve as chairman, ex | 12 | | officio and nonvoting; and | 13 | | (2) One representative each of the Department of | 14 | | Healthcare and Family Services, the Department of Human | 15 | | Services, the Department on Aging, and the Office of the | 16 | | State Fire Marshal, all nonvoting members; | 17 | | (2.5) One member who represents local health | 18 | | departments who is a nonvoting member; | 19 | | (3) One member who shall be a physician licensed to | 20 | | practice medicine in all its branches; | 21 | | (4) One member who shall be a registered nurse | 22 | | selected from the recommendations of professional nursing | 23 | | associations; |
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| 1 | | (5) Four members who shall be selected from the | 2 | | recommendations by organizations whose membership consists | 3 | | of facilities; | 4 | | (6) Two members who shall represent the general public | 5 | | who are not members of a residents' advisory council | 6 | | established under Section 2-203 and who have no | 7 | | responsibility for management or formation of policy or | 8 | | financial interest in a facility; | 9 | | (7) One member who is a member of a residents' | 10 | | advisory council established under Section 2-203 and is | 11 | | capable of actively participating on the Board; and | 12 | | (8) One member who shall be selected from the | 13 | | recommendations of consumer organizations which engage | 14 | | solely in advocacy or legal representation on behalf of | 15 | | residents and their immediate families. | 16 | | (b) The terms of those members of the Board appointed | 17 | | prior to the effective date of this amendatory Act of 1988 | 18 | | shall expire on December 31, 1988. Members of the Board | 19 | | created by this amendatory Act of 1988 shall be appointed to | 20 | | serve for terms as follows: 3 for 2 years, 3 for 3 years and 3 | 21 | | for 4 years. The member of the Board added by this amendatory | 22 | | Act of 1989 shall be appointed to serve for a term of 4 years. | 23 | | Each successor member shall be appointed for a term of 4 years. | 24 | | Any member appointed to fill a vacancy occurring prior to the | 25 | | expiration of the term for which his predecessor was appointed | 26 | | shall be appointed for the remainder of such term. The Board |
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| 1 | | shall meet as frequently as the chairman deems necessary, but | 2 | | not less than 4 times each year. Upon request by 4 or more | 3 | | members the chairman shall call a meeting of the Board. The | 4 | | affirmative vote of a simple majority of a quorum 6 members of | 5 | | the Board shall be necessary for Board action. A quorum shall | 6 | | be a majority of appointed voting members. A member of the | 7 | | Board can designate a replacement to serve at the Board | 8 | | meeting and vote in place of the member by submitting a letter | 9 | | of designation to the chairman prior to or at the Board | 10 | | meeting. The Board members shall be reimbursed for their | 11 | | actual expenses incurred in the performance of their duties. | 12 | | (c) The Advisory Board shall advise the Department of | 13 | | Public Health on all aspects of its responsibilities under | 14 | | this Act and the Specialized Mental Health Rehabilitation Act | 15 | | of 2013, including the format and content of any rules | 16 | | promulgated by the Department of Public Health. All draft | 17 | | rules and documents shall be provided at least 7 days prior to | 18 | | a meeting for all board members to review. Any such rules, | 19 | | except emergency rules promulgated pursuant to Section 5-45 of | 20 | | the Illinois Administrative Procedure Act, promulgated without | 21 | | obtaining the advice of the Advisory Board are null and void. | 22 | | In the event that the Department fails to follow the advice of | 23 | | the Board, the Department shall, prior to the promulgation of | 24 | | such rules, transmit a written explanation of the reason | 25 | | thereof to the Board. During its review of rules, the Board | 26 | | shall analyze the economic and regulatory impact of those |
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| 1 | | rules. If the Advisory Board, having been asked for its | 2 | | advice, fails to advise the Department within 90 days, the | 3 | | rules shall be considered acted upon. In order to provide | 4 | | appropriate feedback, Board meetings shall be conducted within | 5 | | the 90-day window. If the Board does not meet within the 90 | 6 | | days, the 90-day window shall be extended for not more than 45 | 7 | | days to ensure the Board has had an opportunity to act upon the | 8 | | proposed rules. | 9 | | (Source: P.A. 102-432, eff. 8-20-21.) | 10 | | Section 10. The ID/DD Community Care Act is amended by | 11 | | changing Section 2-204 as follows: | 12 | | (210 ILCS 47/2-204) | 13 | | Sec. 2-204. DD Facility Advisory Board. The Director shall | 14 | | appoint a DD Facility Advisory Board to consult with the | 15 | | Department and the residents' advisory councils created under | 16 | | Section 2-203. | 17 | | (a) The Advisory Board shall be composed of the following | 18 | | persons: | 19 | | (1) the Director who shall serve as chairperson, ex | 20 | | officio, and nonvoting; | 21 | | (2) one representative each of the Department of | 22 | | Healthcare and Family Services, the Department of Human | 23 | | Services, and the Office of the State Fire Marshal, all | 24 | | nonvoting members; |
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| 1 | | (3) one member who shall be a physician licensed to | 2 | | practice medicine in all its branches; | 3 | | (4) one member who shall be a behavioral specialist | 4 | | selected from the recommendations of the Department of | 5 | | Human Services; | 6 | | (5) three members who shall be selected from the | 7 | | recommendations by organizations whose membership consists | 8 | | of facilities; | 9 | | (6) two members who shall represent the general public | 10 | | who are not members of a residents' advisory council | 11 | | established under Section 2-203 and who have no | 12 | | responsibility for management or formation of policy or | 13 | | financial interest in a facility; | 14 | | (7) one member who is a member of a residents' | 15 | | advisory council established under Section 2-203 and is | 16 | | capable of actively participating on the Advisory Board; | 17 | | and | 18 | | (8) one member who shall be selected from the | 19 | | recommendations of consumer organizations that engage | 20 | | solely in advocacy or legal representation on behalf of | 21 | | residents and their immediate families. | 22 | | (b) The Advisory Board shall meet as frequently as the | 23 | | chairperson deems necessary, but not less than 4 times each | 24 | | year. Upon request by 4 or more members, the chairperson shall | 25 | | call a meeting of the Advisory Board. The affirmative vote of a | 26 | | simple majority of a quorum 6 members of the Advisory Board |
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| 1 | | shall be necessary for Advisory Board action. A quorum shall | 2 | | be a majority of appointed voting members. A member of the | 3 | | Advisory Board may designate a replacement to serve at the | 4 | | Advisory Board meeting and vote in place of the member by | 5 | | submitting a letter of designation to the chairperson prior to | 6 | | or at the Advisory Board meeting. The Advisory Board members | 7 | | shall be reimbursed for their actual expenses incurred in the | 8 | | performance of their duties. | 9 | | (c) The Advisory Board shall advise the Department of | 10 | | Public Health on all aspects of its responsibilities under | 11 | | this Act, including the format and content of any rules | 12 | | promulgated by the Department of Public Health. All draft | 13 | | rules and documents shall be provided at least 7 days prior to | 14 | | a meeting for all board members to review. Any such rules, | 15 | | except emergency rules promulgated pursuant to Section 5-45 of | 16 | | the Illinois Administrative Procedure Act, promulgated without | 17 | | obtaining the advice of the Advisory Board are null and void. | 18 | | If the Department fails to follow the advice of the Advisory | 19 | | Board, the Department shall, prior to the promulgation of such | 20 | | rules, transmit a written explanation of the reason therefor | 21 | | to the Advisory Board. During its review of rules, the | 22 | | Advisory Board shall analyze the economic and regulatory | 23 | | impact of those rules. If the Advisory Board, having been | 24 | | asked for its advice, fails to advise the Department within 90 | 25 | | days, the rules shall be considered acted upon. In order to | 26 | | provide appropriate feedback, Board meetings shall be |
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| 1 | | conducted within the 90-day window. If the Board does not meet | 2 | | within the 90 days, the 90-day window shall be extended for not | 3 | | more than 45 days to ensure the Board has had an opportunity to | 4 | | act upon the proposed rules. | 5 | | (Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.) |
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