HB4863 94TH GENERAL ASSEMBLY

LRB094 18572 DRJ 53910 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4863

Introduced 01/19/06, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-303

from Ch. 111 1/2, par. 4153-303

Amends the Nursing Home Care Act. Provides that within 10 days after the Department of Public Health notifies a facility that it has committed a Type "A" violation, a violation of the Act for which a plan of correction or a report of correction is required, or a level D or higher violation of federal Medicare and Medicaid nursing home certification requirements, the facility shall give any resident whose care is the subject of the violation (i) a copy of the notice of the violation and (ii) a written notice stating which violation or violations in the notice of violation apply to that resident. Requires the Department to prescribe a form to be used for giving residents the required notice. Provides that in a case in which a plan of correction is required, the notice required by these provisions shall be considered part of the plan of correction. Provides that a facility shall provide written proof to the Department that the notice required by these provisions has been given.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 3-303 as follows:

(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)

Sec. 3-303. (a) The situation, condition or practice constituting a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by the Department and specified in the notice of violation, is required for correction.

(b) At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction which is subject to the Department's approval. The facility shall have 10 days after receipt of notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department.

(c) If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction. Such report shall be signed by the administrator under oath.

(d) Upon a licensee's petition, the Department shall determine whether to grant a licensee's request for an extended correction time. Such petition shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof is on the petitioning facility to show good cause for not being able to comply with the original correction time approved.

(e) If a facility desires to contest any Department action under this Section it shall send a written request for a hearing under Section 3-703 to the Department within 10 days of receipt of notice of the contested action. The Department shall commence the hearing as provided under Section 3-703. Whenever possible, all action of the Department under this Section arising out of a violation shall be contested and determined at a single hearing. Issues decided after a hearing may not be reheard at subsequent hearings under this Section.

(f) Within 10 days after the Department notifies a facility that it has committed a Type "A" violation, a violation of this Act for which a plan of correction or a report of correction is required, or a level D or higher violation of federal Medicare and Medicaid nursing home certification requirements, the facility shall give any resident whose care is the subject of the violation (i) a copy of the notice of the violation and (ii) a written notice stating which violation or violations in the notice of violation apply to that resident. If the resident is identified in the notice of violation by a pseudonym, the facility notice to the resident shall include identification of the pseudonym. If the resident has a representative authorized to receive health care information about the resident, the facility shall also give the notice to the representative.

If the facility is appealing the notice of violation, the written notice to the resident or resident's representative under this subsection may state that the facility is appealing, but the facility's filing of an appeal shall not delay the required giving of notice to a resident or resident's representative under this subsection.

Within 30 days after the effective date of this amendatory Act of the 94th General Assembly, the Department shall prescribe a form to be used by facilities to give written notice to residents or residents' representatives under this subsection.

In any case in which a plan of correction is required, the notice required by this subsection shall be considered part of the plan of correction.

A facility shall provide written proof to the Department that the facility has given the notice required by this subsection.

(Source: P.A. 85-1378.)