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| [ Introduced ] | [ House Amendment 002 ] |
90_HB0047ham001
LRB9000777LDksam
1 AMENDMENT TO HOUSE BILL 47
2 AMENDMENT NO. . Amend House Bill 47 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Nursing Home Care Act is amended by
5 changing Section 3-202 and adding Section 2-209.5 as follows:
6 (210 ILCS 45/2-209.5 new)
7 Sec. 2-209.5. Minimum standards for nurse staffing.
8 (a) At a minimum, a Medicare-Medicaid licensed facility
9 shall provide:
10 (1) the following administrative nursing personnel:
11 (A) one full-time Registered Nurse acting as
12 Director of Nursing;
13 (B) in a facility with 100 or more beds, one
14 full-time Registered Nurse acting as Assistant
15 Director of Nursing;
16 (C) in a facility with fewer than 100 beds,
17 one half-time Registered Nurse Director of
18 In-service Education;
19 (D) in a facility with 100 or more beds, one
20 full-time Registered Nurse Director of In-service
21 Education; and
22 (2) the following direct care nursing personnel:
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1 (A) one Registered Nurse on duty at all times
2 at the facility acting as Nursing Supervisor who may
3 not be the Director of Nursing, except in facilities
4 with 60 or fewer residents;
5 (B) one direct caregiver, including and
6 limited to a Registered Nurse, Licensed Practical
7 Nurse licensed in the State of Illinois, or Nurse's
8 Aide licensed in the State of Illinois, for every 5
9 residents during a day shift, for every 10 residents
10 during an evening shift, and for every 15 residents
11 during a night shift; and
12 (C) one licensed caregiver, including and
13 limited to a Registered Nurse or Licensed Practical
14 Nurse licensed in the State of Illinois, for every
15 15 residents during a day shift, for every 25
16 residents during an evening shift, and for every 35
17 residents during a night shift.
18 (b) In addition, staff must be increased above these
19 minimums to meet the care needs of any resident population,
20 based on each resident's assessed care needs to attain or
21 maintain the highest practicable mental, physical, and
22 psychosocial well-being.
23 (210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)
24 Sec. 3-202. The Department shall prescribe minimum
25 standards for facilities. These standards shall regulate:
26 (1) Location and construction of the facility, including
27 plumbing, heating, lighting, ventilation, and other physical
28 conditions which shall ensure the health, safety, and comfort
29 of residents and their protection from fire hazard;
30 (2) Number and qualifications of all personnel,
31 including management and nursing personnel, having
32 responsibility for any part of the care given to residents;
33 specifically, and subject to the minimum standards set forth
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1 in Section 2-209.5 of this Act, the Department shall
2 establish staffing ratios for facilities which shall specify
3 the number of staff hours per resident of care that are
4 needed for professional nursing care for various types of
5 facilities or areas within facilities;
6 (3) All sanitary conditions within the facility and its
7 surroundings, including water supply, sewage disposal, food
8 handling, and general hygiene, which shall ensure the health
9 and comfort of residents;
10 (4) Diet related to the needs of each resident based on
11 good nutritional practice and on recommendations which may be
12 made by the physicians attending the resident;
13 (5) Equipment essential to the health and welfare of the
14 residents;
15 (6) A program of habilitation and rehabilitation for
16 those residents who would benefit from such programs;
17 (7) A program for adequate maintenance of physical plant
18 and equipment;
19 (8) Adequate accommodations, staff and services for the
20 number and types of residents for whom the facility is
21 licensed to care, including standards for temperature and
22 relative humidity within comfort zones determined by the
23 Department based upon a combination of air temperature,
24 relative humidity and air movement. Such standards shall
25 also require facility plans that provide for health and
26 comfort of residents at medical risk as determined by the
27 attending physician whenever the temperature and relative
28 humidity are outside such comfort zones established by the
29 Department.
30 (9) Development of evacuation and other appropriate
31 safety plans for use during weather, health, fire, physical
32 plant, environmental and national defense emergencies; and
33 (10) Maintenance of minimum financial or other resources
34 necessary to meet the standards established under this
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1 Section, and to operate and conduct the facility in
2 accordance with this Act.
3 (Source: P.A. 83-1530.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".