Full Text of HB4735 093rd General Assembly
HB4735eng 93RD GENERAL ASSEMBLY
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LRB093 19043 AMC 44778 b |
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| AN ACT concerning nursing facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Nursing Facility Bed Conversion and Modernization Act. | 6 |
| Section 5. Nursing Facility Conversion and Modernization | 7 |
| Program. | 8 |
| (a) For the purposes of this Section: | 9 |
| "Nursing facility" means (1) a skilled nursing or | 10 |
| intermediate long term care facility, whether public or private | 11 |
| and whether organized for profit or not-for-profit, that is | 12 |
| subject to licensure by the Department of Public Health under | 13 |
| the Nursing Home Care Act, including a county nursing home | 14 |
| directed and maintained under Section 5-1005 of the Counties | 15 |
| Code, and that is certified under Title XIX of the Social | 16 |
| Security Act and (2) a part of a hospital in which skilled or | 17 |
| intermediate long term care services within the meaning of | 18 |
| Title XVIII or XIX of the Social Security Act are provided. | 19 |
| "Conversion and modernization" means the construction, | 20 |
| alteration, reconstruction, renovation, modernization, or | 21 |
| improvement of existing nursing facility beds or areas within | 22 |
| an existing nursing facility. | 23 |
| (b) Any nursing facility that has, for the previous 3 | 24 |
| years, provided services to at least 35% of its resident | 25 |
| population under the medical assistance program under Title XIX | 26 |
| of the Social Security Act is eligible to apply for a Nursing | 27 |
| Facility Conversion and Modernization Grant. | 28 |
| (c) Nursing Facility Conversion and Modernization Grants | 29 |
| shall be available for the conversion and modernization of | 30 |
| existing nursing facility beds or areas within a nursing | 31 |
| facility for any or a combination of any of the following uses: | 32 |
| (1) Conversion of a portion of or all nursing facility |
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| beds to an assisted living establishment or a special | 2 |
| program or unit for persons with Alzheimer's disease or | 3 |
| related disorders licensed under the Assisted Living and | 4 |
| Shared Housing Act or to a supported living facility as | 5 |
| provided pursuant to Section 5-5.01a of the Public Aid | 6 |
| Code. | 7 |
| (2) Conversion of shared nursing facility bedrooms to | 8 |
| private, single-bed rooms. | 9 |
| (3) Provision of any alternatives to nursing facility | 10 |
| care, which, for purposes of this Section, means those | 11 |
| services included in the program of home and | 12 |
| community-based waiver services for seniors under the | 13 |
| medical assistance program under Title XIX of the Security | 14 |
| Act, including, but not limited to, adult day services or | 15 |
| respite care living space within a nursing facility. | 16 |
| (d) A conversion and modernization shall not have the | 17 |
| effect of: | 18 |
| (1) diminishing or reducing the quality of services | 19 |
| available to nursing facility residents; or | 20 |
| (2) forcing any nursing facility resident to | 21 |
| involuntarily accept home or community-based services in | 22 |
| lieu of nursing facility services; or | 23 |
| (3) diminishing or reducing the supply of long-term | 24 |
| care services in any community below the level of need. | 25 |
| (e) Grants may not be used to expand a current building, | 26 |
| except (i) for additional space required to accommodate related | 27 |
| supportive services, such as dining rooms, kitchen and | 28 |
| recreation areas, or other community use areas; or
(ii) if the | 29 |
| facility demonstrates that new construction is more cost | 30 |
| effective than the conversion of existing space. | 31 |
| (f) Notwithstanding any local ordinance related to | 32 |
| development, planning, or zoning to the contrary, the | 33 |
| conversion and modernization that closes or that curtails, | 34 |
| reduces, or changes operations shall be considered a conforming | 35 |
| use permitted under local law, provided that the facility is | 36 |
| converted to another long-term care service. |
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| (g) Conversions and modernization pursuant to this Act are | 2 |
| exempt from the requirements of the Health Facilities Planning | 3 |
| Act. | 4 |
| (h) Subject to available appropriations, Nursing Facility | 5 |
| Conversion and Modernization Grants shall be available from the | 6 |
| Nursing Facility Conversion and Modernization Fund, a special | 7 |
| fund hereby created in the State treasury, for capital or | 8 |
| one-time capital expenditures, for a maximum of $1,000,000 per | 9 |
| nursing facility; provided that grantees shall be required to | 10 |
| provide 20%, and may offer to provide more than 20%, as match | 11 |
| toward the total cost of the capital project. Any application | 12 |
| for a Nursing Facility Conversion and Modernization Grant shall | 13 |
| include the total budget that will be necessary, including | 14 |
| State and federal funding, for services to operate the program | 15 |
| once the capital project is completed, and shall specify the | 16 |
| number of existing nursing facility beds that the nursing | 17 |
| facility provider agrees to de-license. In distribution of the | 18 |
| grants, the following factors shall be considered: | 19 |
| (1) the unique needs of residents and their caregivers | 20 |
| in the area in which the facility is located; | 21 |
| (2) the nursing facility bed need in the area in which | 22 |
| the facility is located; | 23 |
| (3) the extent to which the conversion and | 24 |
| modernization results in the reduction of certified | 25 |
| nursing facility beds in an area with excess beds; | 26 |
| (4) compliance history with licensure and | 27 |
| certification requirements; and
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| (5) the extent to which the application reflects | 29 |
| collaboration and support for the conversion or | 30 |
| modernization by other providers and local government | 31 |
| leaders in the community. | 32 |
| The application and grant process, including rules and | 33 |
| regulations for the Nursing Facility Conversion and | 34 |
| Modernization Program, shall be promulgated by the Director of | 35 |
| Public Health, in coordination with the Director of Public Aid, | 36 |
| the Director of Aging, and the Secretary of Human Services. |
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| (i) Any nursing facility receiving a grant pursuant to the | 2 |
| Nursing Facility Conversion and Modernization Program shall | 3 |
| reduce the number of certified nursing facility beds by an | 4 |
| amount equal to or greater than the number of beds being | 5 |
| constructed or modernized for one or more of the permitted uses | 6 |
| pursuant to subsection (c). | 7 |
| (j) Any nursing facility receiving a grant pursuant to the | 8 |
| Nursing Facility Conversion and Modernization Program shall | 9 |
| agree, for a minimum of 10 years after the date that the grant | 10 |
| is awarded, to maintain a minimum of 35% of its occupancy for | 11 |
| residents eligible for services under the medical assistance | 12 |
| program under Title XIX of the Social Security Act. In the | 13 |
| event the nursing facility provider or its successor in | 14 |
| interest ceases to comply with the requirement set forth in | 15 |
| this subsection, the provider shall refund to the Nursing | 16 |
| Facility Conversion and Modernization Fund, on an amortized | 17 |
| basis, the amount of the grant. | 18 |
| (k) Any nursing facility receiving a grant pursuant to the | 19 |
| Nursing Facility Conversion and Modernization Program shall | 20 |
| not segregate residents receiving nursing facility services | 21 |
| under the medical assistance program under Title XIX of the | 22 |
| Social Security Act in an area, section, or portion of the | 23 |
| nursing facility and shall not move or transfer a resident | 24 |
| within the nursing facility solely due to a change in payment | 25 |
| status from private payment to government subsidy.
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| (l) Nothing in this Section shall prohibit a nursing | 27 |
| facility from moving or transferring a resident as authorized | 28 |
| by the Nursing Home Care Act. | 29 |
| Section 10. Reporting. The Director of Public Health, in | 30 |
| coordination with the Director of Public Aid, the Director of | 31 |
| Aging, and the Secretary of Human Services, shall implement | 32 |
| mechanisms to monitor and analyze the effect of the Nursing | 33 |
| Facility Conversion and Modernization Program, including | 34 |
| documenting and verifying the savings to the Medicaid program | 35 |
| attributable to this Act. A report containing the analysis |
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| shall be submitted to the Governor and the General Assembly on | 2 |
| January 1, 2006 and on January 1 of each year thereafter. | 3 |
| Section 90. The Illinois Health Facilities Planning Act is | 4 |
| amended by adding Section 12.05 as follows: | 5 |
| (20 ILCS 3960/12.05 new)
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| Sec. 12.05. Nursing Facility Conversion and Modernization | 7 |
| Act. The criteria and standards for health care planning, | 8 |
| including but not limited to the statewide inventory | 9 |
| established under Section 12 of this Act, shall not be adjusted | 10 |
| by any change in the number of nursing facility beds resulting | 11 |
| from nursing home conversion or modernization pursuant to the | 12 |
| Nursing Facility Conversion and Modernization Act. | 13 |
| Section 95. The State Finance Act is amended by adding | 14 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Nursing Facility Conversion and | 17 |
| Modernization Fund.
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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