Full Text of HB4448 099th General Assembly
HB4448 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4448 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
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Amends the Nursing Home Care Act. Requires a facility to comply with specified minimum staffing ratios of certified nursing assistants to residents.
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| | A BILL FOR |
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| | | HB4448 | | LRB099 15415 RPS 39694 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 changing | 5 | | 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 nursing nurse assistants; | 14 | | (4) psychiatric services rehabilitation aides; | 15 | | (5) rehabilitation and therapy aides; | 16 | | (6) psychiatric services rehabilitation coordinators; | 17 | | (7) assistant directors of nursing; | 18 | | (8) 50% of the Director of Nurses' time; and | 19 | | (9) 30% of the Social Services Directors' time. | 20 | | The Department shall, by rule, allow certain facilities | 21 | | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | 22 | | S) to utilize specialized clinical staff, as defined in rules, | 23 | | to count towards the staffing ratios. |
| | | HB4448 | - 2 - | LRB099 15415 RPS 39694 b |
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| 1 | | Within 120 days of June 14, 2012 ( the effective date of | 2 | | Public Act 97-689) this amendatory Act of the 97th General | 3 | | Assembly , the Department shall promulgate rules specific to the | 4 | | staffing requirements for facilities federally defined as | 5 | | Institutions for Mental Disease. These rules shall recognize | 6 | | the unique nature of individuals with chronic mental health | 7 | | conditions, shall include minimum requirements for specialized | 8 | | clinical staff, including clinical social workers, | 9 | | psychiatrists, psychologists, and direct care staff set forth | 10 | | in paragraphs (4) through (6) and any other specialized staff | 11 | | which may be utilized and deemed necessary to count toward | 12 | | staffing ratios. | 13 | | Within 120 days of June 14, 2012 ( the effective date of | 14 | | Public Act 97-689) this amendatory Act of the 97th General | 15 | | Assembly , the Department shall promulgate rules specific to the | 16 | | staffing requirements for facilities licensed under the | 17 | | Specialized Mental Health Rehabilitation Act of 2013. These | 18 | | rules shall recognize the unique nature of individuals with | 19 | | chronic mental health conditions, shall include minimum | 20 | | requirements for specialized clinical staff, including | 21 | | clinical social workers, psychiatrists, psychologists, and | 22 | | direct care staff set forth in paragraphs (4) through (6) and | 23 | | any other specialized staff which may be utilized and deemed | 24 | | necessary to count toward staffing ratios. | 25 | | (b) Beginning January 1, 2011, and thereafter, light | 26 | | intermediate care shall be staffed at the same staffing ratio |
| | | HB4448 | - 3 - | LRB099 15415 RPS 39694 b |
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| 1 | | as intermediate care. | 2 | | (c) Facilities shall notify the Department within 60 days | 3 | | after July 29, 2010 ( the effective date of Public Act 96-1372) | 4 | | this amendatory Act of the 96th General Assembly , in a form and | 5 | | manner prescribed by the Department, of the staffing ratios in | 6 | | effect on July 29, 2010 ( the effective date of Public Act | 7 | | 96-1372) this amendatory Act of the 96th General Assembly for | 8 | | both intermediate and skilled care and the number of residents | 9 | | receiving each level of care. | 10 | | (d)(1) Effective July 1, 2010, for each resident needing | 11 | | skilled care, a minimum staffing ratio of 2.5 hours of nursing | 12 | | and personal care each day must be provided; for each resident | 13 | | needing intermediate care, 1.7 hours of nursing and personal | 14 | | care each day must be provided. | 15 | | (2) Effective January 1, 2011, the minimum staffing ratios | 16 | | shall be increased to 2.7 hours of nursing and personal care | 17 | | each day for a resident needing skilled care and 1.9 hours of | 18 | | nursing and personal care each day for a resident needing | 19 | | intermediate care. | 20 | | (3) Effective January 1, 2012, the minimum staffing ratios | 21 | | shall be increased to 3.0 hours of nursing and personal care | 22 | | each day for a resident needing skilled care and 2.1 hours of | 23 | | nursing and personal care each day for a resident needing | 24 | | intermediate care. | 25 | | (4) Effective January 1, 2013, the minimum staffing ratios | 26 | | shall be increased to 3.4 hours of nursing and personal care |
| | | HB4448 | - 4 - | LRB099 15415 RPS 39694 b |
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| 1 | | each day for a resident needing skilled care and 2.3 hours of | 2 | | nursing and personal care each day for a resident needing | 3 | | intermediate care. | 4 | | (5) Effective January 1, 2014, the minimum staffing ratios | 5 | | shall be increased to 3.8 hours of nursing and personal care | 6 | | each day for a resident needing skilled care and 2.5 hours of | 7 | | nursing and personal care each day for a resident needing | 8 | | intermediate care.
| 9 | | (e) Ninety days after June 14, 2012 ( the effective date of | 10 | | Public Act 97-689) this amendatory Act of the 97th General | 11 | | Assembly , a minimum of 25% of nursing and personal care time | 12 | | shall be provided by licensed nurses, with at least 10% of | 13 | | nursing and personal care time provided by registered nurses. | 14 | | These minimum requirements shall remain in effect until an | 15 | | acuity based registered nurse requirement is promulgated by | 16 | | rule concurrent with the adoption of the Resource Utilization | 17 | | Group classification-based payment methodology, as provided in | 18 | | Section 5-5.2 of the Illinois Public Aid Code. Registered | 19 | | nurses and licensed practical nurses employed by a facility in | 20 | | excess of these requirements may be used to satisfy the | 21 | | remaining 75% of the nursing and personal care time | 22 | | requirements. Notwithstanding this subsection, no staffing | 23 | | requirement in statute in effect on June 14, 2012 ( the | 24 | | effective date of Public Act 97-689) this amendatory Act of the | 25 | | 97th General Assembly shall be reduced on account of this | 26 | | subsection. |
| | | HB4448 | - 5 - | LRB099 15415 RPS 39694 b |
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| 1 | | (f) Effective on and after the effective date of this | 2 | | amendatory Act of the 99th General Assembly, in addition to any | 3 | | other minimum staffing ratios under this Section, a facility | 4 | | shall comply with the following minimum staffing ratios: | 5 | | (1) between the hours of 7 a.m. and 3 p.m., there shall | 6 | | be at least one certified nursing assistant present and on | 7 | | duty at the facility for every 5 residents; | 8 | | (2) between the hours of 3 p.m. and 11 p.m., there | 9 | | shall be at least one certified nursing assistant present | 10 | | and on duty at the facility for every 8 residents; and | 11 | | (3) between the hours of 11 p.m. and 7 a.m., there | 12 | | shall be at least one certified nursing assistant present | 13 | | and on duty at the facility for every 13 residents. | 14 | | (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
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