Illinois General Assembly - Illinois Compiled Statutes

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210 ILCS 45/3-304.2

    (210 ILCS 45/3-304.2)
    Sec. 3-304.2. Designation of distressed facilities.
    (a) (Blank).
    (b) (Blank).

(b-5) The Department shall, by rule, adopt criteria to identify distressed facilities and shall publish a

list of distressed facilities quarterly. The Department shall, by rule, create a timeframe and a procedure on how a facility can be removed from the list. No facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident.

(c) The Department shall, by  rule, adopt criteria to identify non-Medicaid-certified facilities that are distressed and shall publish this list quarterly. The list may not contain more than 40 facilities per quarter.

(d) The Department shall notify each facility of its distressed designation, and of the calculation on

which it is based. A facility has the right to appeal a designation, and the procedure for appealing shall be outlined in rule.

(e) A distressed facility may contract with an independent consultant meeting criteria established by

the Department.  If the distressed facility does not seek the assistance of an independent

consultant, the Department shall place a monitor in the facility, depending

on the Department's assessment of the condition of the facility.

(f)  A facility that has been designated a distressed facility may

contract with an independent consultant to develop and assist in the

implementation of a plan of improvement to bring and keep

the facility in compliance with this Act and, if applicable, with federal certification

requirements.  A facility that contracts with an independent consultant

shall have 90 days to develop a plan of improvement and demonstrate a

good faith effort at implementation, and another 90 days to achieve compliance

and take whatever additional actions are called for in the improvement plan

to maintain compliance.  A facility that the Department determines has a plan

of improvement likely to bring and keep the facility in compliance

and that  has demonstrated good faith efforts at implementation

within the first 90 days may be eligible to receive a grant under  the Equity

in Long-term Care Quality Act to assist it in achieving and maintaining compliance.

In this subsection, "independent" consultant means an individual who has no professional or

financial relationship with the facility, any person with a reportable ownership

interest in the facility, or any related parties.  In this subsection, "related parties" has the

meaning attributed to it in the instructions for completing Medicaid cost reports.

(f-5)  A distressed facility that does not contract with a consultant shall be assigned a monitor at the Department's discretion.  The monitor may apply to the Equity in Long-term Care Quality  Fund on behalf of the facility for grant funds to implement the plan of improvement.

(g) The Department shall, by rule, establish a mentor program for owners and operators of distressed facilities. The mentor program shall provide technical assistance and guidance to facilities.

(h) The Department shall by rule establish sanctions (in addition to those authorized elsewhere in this Article)  against distressed facilities that are not in compliance with this Act and (if applicable) with federal certification requirements.  Criteria for imposing sanctions shall take into account a facility's actions to address the violations and deficiencies that  caused its designation as a distressed facility, and its compliance with this Act and with federal certification requirements (if applicable), subsequent to its designation as a distressed facility, including mandatory revocations if criteria can be agreed upon by the Department, resident advocates, and representatives of the nursing home profession.  By February 1, 2011, the Department shall report to the General Assembly  on the results of negotiations about creating criteria for mandatory license revocations of distressed facilities and make recommendations about any statutory changes it believes are appropriate to protect the health, safety, and welfare of nursing home residents.

(i) The Department may establish, by rule,  criteria for restricting an owner of a facility from acquiring additional nursing facilities if the facility was placed on the distressed list while it was owned by that owner. The Department may not prohibit an owner who acquires ownership of a facility that is already on the distressed facility list before the owner's acquisition of the facility from acquiring additional skilled nursing facilities.

(j) This Section does not apply to homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs as these facilities are certified by the United States Department of Veterans Affairs and not the Centers for Medicare and Medicaid Services.

(Source: P.A. 103-139, eff. 1-1-24.)