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Public Act 096-1372 | ||||
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AN ACT concerning aging.
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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 5. The Illinois Act on Aging is amended by changing | ||||
Section 4.04 as follows:
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(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
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Sec. 4.04. Long Term Care Ombudsman Program.
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(a) Long Term Care Ombudsman Program. The Department shall
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establish a Long Term Care Ombudsman Program, through the | ||||
Office of State
Long Term Care Ombudsman ("the Office"), in | ||||
accordance with the provisions of
the Older Americans Act of | ||||
1965, as now or hereafter amended.
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(b) Definitions. As used in this Section, unless the | ||||
context requires
otherwise:
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(1) "Access" has the same meaning as in Section 1-104 | ||||
of the Nursing
Home Care Act, as now or hereafter amended; | ||||
that is, it means the right to:
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(i) Enter any long term care facility or assisted | ||||
living or shared
housing establishment or supportive | ||||
living facility;
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(ii) Communicate privately and without restriction | ||||
with any resident, regardless of age,
who consents to | ||||
the communication;
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(iii) Seek consent to communicate privately and | ||
without restriction
with any resident, regardless of | ||
age;
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(iv) Inspect the clinical and other records of a | ||
resident, regardless of age, with the
express written | ||
consent of the resident;
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(v) Observe all areas of the long term care | ||
facility or supportive
living facilities, assisted | ||
living or shared housing establishment except the
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living area of any resident who protests the | ||
observation.
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(2) "Long Term Care Facility" means (i) any facility as | ||
defined by Section
1-113 of the Nursing Home Care Act, as | ||
now or hereafter amended; and (ii) any
skilled nursing | ||
facility or a nursing facility which meets the
requirements | ||
of Section 1819(a), (b), (c), and (d) or Section 1919(a), | ||
(b),
(c), and (d) of the Social Security Act, as now or | ||
hereafter amended (42
U.S.C. 1395i-3(a), (b), (c), and (d) | ||
and 42 U.S.C. 1396r(a), (b), (c), and
(d)).
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(2.5) "Assisted living establishment" and "shared | ||
housing establishment"
have the meanings given those terms | ||
in Section 10 of the Assisted Living and
Shared Housing | ||
Act.
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(2.7) "Supportive living facility" means a facility | ||
established under
Section 5-5.01a of the Illinois Public | ||
Aid Code.
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(3) "State Long Term Care Ombudsman" means any person | ||
employed by the
Department to fulfill
the requirements of | ||
the Office of State Long Term Care Ombudsman as
required | ||
under the Older Americans Act of 1965, as now or hereafter | ||
amended,
and Departmental policy.
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(3.1) "Ombudsman" means any designated representative | ||
of a regional long
term care ombudsman program; provided | ||
that the representative, whether he is
paid for or | ||
volunteers his ombudsman services, shall be qualified and
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designated by the Office to perform the duties of an | ||
ombudsman as specified by
the Department in rules and in | ||
accordance with the provisions of
the Older Americans Act | ||
of 1965, as now or hereafter amended.
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(c) Ombudsman; rules. The Office of State Long Term Care | ||
Ombudsman shall
be composed of at least one full-time ombudsman | ||
and shall include a system of
designated regional long term | ||
care ombudsman programs. Each regional program
shall be | ||
designated by the State Long Term Care Ombudsman as a | ||
subdivision of
the Office and any representative of a regional | ||
program shall be treated as a
representative of the Office.
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The Department, in consultation with the Office, shall | ||
promulgate
administrative rules in accordance with the | ||
provisions of the Older Americans
Act of 1965, as now or | ||
hereafter amended, to establish the responsibilities of
the | ||
Department and the Office of State Long Term Care Ombudsman and | ||
the
designated regional Ombudsman programs. The administrative |
rules shall include
the responsibility of the Office and | ||
designated regional programs to
investigate and resolve | ||
complaints made by or on behalf of residents of long
term care | ||
facilities, supportive living facilities, and assisted living | ||
and
shared housing establishments, including the option to | ||
serve residents under the age of 60, relating to actions, | ||
inaction, or
decisions of providers, or their representatives, | ||
of long term care
facilities, of supported living facilities, | ||
of assisted living and shared
housing establishments, of public | ||
agencies, or of social services agencies,
which may adversely | ||
affect the health, safety, welfare, or rights of such
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residents. The Office and designated regional programs may | ||
represent all residents, but are not required by this Act to | ||
represent persons under 60 years of age, except to the extent | ||
required by federal law.
When necessary and appropriate, | ||
representatives of the Office shall refer
complaints to the | ||
appropriate regulatory State agency.
The Department, in | ||
consultation with the Office, shall cooperate with the
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Department of Human Services and other State agencies in | ||
providing information and training to
designated regional long | ||
term care ombudsman programs about the appropriate
assessment | ||
and treatment (including information about appropriate | ||
supportive
services, treatment options, and assessment of | ||
rehabilitation potential) of the residents they serve, | ||
including children,
persons with mental illness (other than | ||
Alzheimer's disease and related
disorders), and persons with |
developmental disabilities. | ||
The State Long Term Care Ombudsman and all other ombudsmen, | ||
as defined in paragraph (3.1) of subsection (b) must submit to | ||
background checks under the Health Care Worker Background Check | ||
Act and receive training, as prescribed by the Illinois | ||
Department on Aging, before visiting facilities. The training | ||
must include information specific to assisted living | ||
establishments, supportive living facilities, and shared | ||
housing establishments and to the rights of residents | ||
guaranteed under the corresponding Acts and administrative | ||
rules.
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(c-5) Consumer Choice Information Reports. The Office | ||
shall: | ||
(1) In collaboration with the Attorney General, create | ||
a Consumer Choice Information Report form to be completed | ||
by all licensed long term care facilities to aid | ||
Illinoisans and their families in making informed choices | ||
about long term care. The Office shall create a Consumer | ||
Choice Information Report for each type of licensed long | ||
term care facility. | ||
(2) Develop a database of Consumer Choice Information | ||
Reports completed by licensed long term care facilities | ||
that includes information in the following consumer | ||
categories: | ||
(A) Medical Care, Services, and Treatment. | ||
(B) Special Services and Amenities. |
(C) Staffing. | ||
(D) Facility Statistics and Resident Demographics. | ||
(E) Ownership and Administration. | ||
(F) Safety and Security. | ||
(G) Meals and Nutrition. | ||
(H) Rooms, Furnishings, and Equipment. | ||
(I) Family, Volunteer, and Visitation Provisions. | ||
(3) Make this information accessible to the public, | ||
including on the Internet by means of a hyperlink labeled | ||
"Resident's Right to Know" on the Office's World Wide Web | ||
home page. | ||
(4) Have the authority, with the Attorney General, to | ||
verify that information provided by a facility is accurate. | ||
(5) Request a new report from any licensed facility | ||
whenever it deems necessary.
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(6) Include in the Office's Consumer Choice
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Information Report for each type of licensed long term care
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facility additional information on each licensed long term
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care facility in the State of Illinois, including
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information regarding each facility's compliance with the
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relevant State and federal statutes, rules, and standards;
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customer satisfaction surveys; and information generated
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from quality measures developed by the Centers for Medicare
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and Medicaid Services. | ||
(d) Access and visitation rights.
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(1) In accordance with subparagraphs (A) and (E) of |
paragraph (3) of
subsection (c) of Section 1819
and | ||
subparagraphs (A) and (E) of paragraph (3) of subsection | ||
(c) of Section
1919 of the Social Security Act, as now or | ||
hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and | ||
42 U.S.C. 1396r (c)(3)(A) and (E)), and
Section
712 of the | ||
Older Americans Act of 1965, as now or hereafter
amended | ||
(42 U.S.C. 3058f), a long term care facility, supportive | ||
living
facility, assisted living
establishment, and shared | ||
housing establishment must:
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(i) permit immediate access to any resident, | ||
regardless of age, by a designated
ombudsman; and
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(ii) permit representatives of the Office, with | ||
the permission of the
resident's legal representative | ||
or legal guardian, to examine a resident's
clinical and | ||
other records, regardless of the age of the resident, | ||
and if a resident is unable to consent to such
review, | ||
and has no legal guardian, permit representatives of | ||
the Office
appropriate access, as defined by the | ||
Department, in consultation with the
Office, in | ||
administrative rules, to the resident's records.
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(2) Each long term care facility, supportive living | ||
facility, assisted
living establishment, and
shared | ||
housing establishment shall display, in multiple, | ||
conspicuous
public places within the facility accessible | ||
to both visitors and residents and
in an easily readable | ||
format, the address and phone number of the Office of the
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Long Term Care Ombudsman, in a manner prescribed by the | ||
Office.
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(e) Immunity. An ombudsman or any representative of the | ||
Office participating
in the good faith performance of his or | ||
her official duties
shall have immunity from any liability | ||
(civil, criminal or otherwise) in
any proceedings (civil, | ||
criminal or otherwise) brought as a consequence of
the | ||
performance of his official duties.
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(f) Business offenses.
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(1) No person shall:
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(i) Intentionally prevent, interfere with, or | ||
attempt to impede in any
way any representative of the | ||
Office in the performance of his
official
duties under | ||
this Act and the Older Americans Act of 1965; or
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(ii) Intentionally retaliate, discriminate | ||
against, or effect reprisals
against any long term care | ||
facility resident or employee for contacting or
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providing information to any representative of the | ||
Office.
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(2) A violation of this Section is a business offense, | ||
punishable by a
fine not to exceed $501.
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(3) The Director of Aging, in consultation with the | ||
Office, shall
notify the State's Attorney of the
county in | ||
which the long term care facility, supportive living | ||
facility, or
assisted living or shared housing | ||
establishment is located,
or the Attorney General, of any |
violations of this Section.
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(g) Confidentiality of records and identities. The | ||
Department shall
establish procedures for the disclosure by the | ||
State Ombudsman or the regional
ombudsmen
entities of files | ||
maintained by the program. The procedures shall provide that
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the files and records may be disclosed only at the discretion | ||
of the State Long
Term Care
Ombudsman or the person designated | ||
by the State Ombudsman to disclose the files
and records, and | ||
the procedures shall prohibit the disclosure of the identity
of | ||
any complainant, resident, witness, or employee of a long term | ||
care provider
unless:
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(1) the complainant, resident, witness, or employee of | ||
a long term care
provider or his or her legal | ||
representative consents to the disclosure and the
consent | ||
is in writing;
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(2) the complainant, resident, witness, or employee of | ||
a long term care
provider gives consent orally; and the | ||
consent is documented contemporaneously
in writing in
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accordance with such requirements as the Department shall | ||
establish; or
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(3) the disclosure is required by court order.
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(h) Legal representation. The Attorney General shall
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provide legal representation to any representative of the | ||
Office
against
whom suit or other legal action is brought in | ||
connection with the
performance of the representative's | ||
official duties, in accordance with the
State Employee |
Indemnification Act.
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(i) Treatment by prayer and spiritual means. Nothing in | ||
this Act shall
be construed to authorize or require the medical | ||
supervision, regulation
or control of remedial care or | ||
treatment of any resident in a long term
care facility operated | ||
exclusively by and for members or adherents of any
church or | ||
religious denomination the tenets and practices of which | ||
include
reliance solely upon spiritual means through prayer for | ||
healing.
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(j) The Long Term Care Ombudsman Fund is created as a | ||
special fund in the State treasury to receive moneys for the | ||
express purposes of this Section. All interest earned on moneys | ||
in the fund shall be credited to the fund. Moneys contained in | ||
the fund shall be used to support the purposes of this Section. | ||
(Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09; | ||
96-328, eff. 8-11-09; 96-758, eff. 8-25-09.)
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Section 10. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 2310-130 as follows: | ||
(20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82) | ||
Sec. 2310-130. Medicare or Medicaid certification fee;
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Health Care Facility and Program Survey
Fund. To establish and | ||
charge a fee to any facility or program applying to be
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certified to participate in the Medicare
program under Title |
XVIII of the federal Social Security Act or in the Medicaid
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program under Title XIX of the federal Social Security Act to | ||
cover the costs
associated with the application, inspection, | ||
and survey of the facility or
program and processing of the | ||
application. The Department shall establish
the
fee by rule, | ||
and the fee shall be based only on those application,
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inspection,
and survey and processing costs not reimbursed to | ||
the State by the federal
government. The fee shall be paid by | ||
the facility or program before the
application is processed. | ||
The fees received by the Department under this Section | ||
shall be
deposited into the Health Care Facility and Program | ||
Survey Fund, which is
hereby created as a special fund in the | ||
State treasury. Moneys in the Fund
shall be appropriated to the | ||
Department and may be used for any costs incurred
by the | ||
Department, including personnel costs, in the processing of
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applications for Medicare or Medicaid certification. | ||
Beginning July 1, 2011, the Department shall employ a | ||
minimum of one surveyor for every 500 licensed long term care | ||
beds. Beginning July 1, 2012, the Department shall employ a | ||
minimum of one surveyor for every 400 licensed long term care | ||
beds. Beginning July 1, 2013, the Department shall employ a | ||
minimum of one surveyor for every 300 licensed long term care | ||
beds. | ||
(Source: P.A. 91-239, eff. 1-1-00.) | ||
Section 15. The Criminal Identification Act is amended by |
adding Section 7.5 as follows: | ||
(20 ILCS 2630/7.5 new) | ||
Sec. 7.5. Notification of outstanding warrant. If the | ||
existence of an outstanding arrest warrant is identified by the | ||
Department of State Police in connection with the criminal | ||
history background checks conducted pursuant to subsection (b) | ||
of Section 2-201.5 of the Nursing Home Care Act or subsection | ||
(d) of Section 6.09 of the Hospital Licensing Act, the | ||
Department shall notify the jurisdiction issuing the warrant of | ||
the following: | ||
(1) Existence of the warrant. | ||
(2) The name, address, and telephone number of the | ||
licensed long term care facility in which the wanted person | ||
resides. | ||
Local issuing jurisdictions shall be aware that nursing | ||
facilities have residents who may be fragile or vulnerable or | ||
who may have a mental illness. When serving a warrant, law | ||
enforcement shall make every attempt to mitigate the adverse | ||
impact on other facility residents. | ||
Section 20. The Illinois Health Facilities Planning Act is | ||
amended by changing Section 14.1 as follows:
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(20 ILCS 3960/14.1)
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(Text of Section before amendment by P.A. 96-339 )
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 14.1. Denial of permit; other sanctions.
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(a) The State Board may deny an application for a permit or | ||
may revoke or
take other action as permitted by this Act with | ||
regard to a permit as the State
Board deems appropriate, | ||
including the imposition of fines as set forth in this
Section, | ||
for any one or a combination of the following:
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(1) The acquisition of major medical equipment without | ||
a permit or in
violation of the terms of a permit.
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(2) The establishment, construction, or modification | ||
of a health care
facility without a permit or in violation | ||
of the terms of a permit.
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(3) The violation of any provision of this Act or any | ||
rule adopted
under this Act.
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(4) The failure, by any person subject to this Act, to | ||
provide information
requested by the State Board or Agency | ||
within 30 days after a formal written
request for the | ||
information.
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(5) The failure to pay any fine imposed under this | ||
Section within 30 days
of its imposition.
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(a-5) For facilities licensed under the Nursing Home Care | ||
Act, no permit shall be denied on the basis of prior operator | ||
history, other than for : (i) actions specified under item (2), | ||
(3), (4), or (5) , or (6) of Section 3-117 of the Nursing Home | ||
Care Act ; (ii) actions specified under item (a)(6) of Section | ||
3-119 of the Nursing Home Care Act; or (iii) actions within the |
preceding 5 years constituting a substantial and repeated | ||
failure to comply with the Nursing Home Care Act or the rules | ||
and regulations adopted by the Department under that Act. The | ||
State Board shall not deny a permit on account of any action | ||
described in item (i), (ii), or (iii) of this subsection | ||
without also considering all such actions in the light of all | ||
relevant information available to the State Board, including | ||
whether the permit is sought to substantially comply with a | ||
mandatory or voluntary plan of correction associated with any | ||
action described in item (i), (ii), or (iii) of this | ||
subsection .
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(b) Persons shall be subject to fines as follows:
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(1) A permit holder who fails to comply with the | ||
requirements of
maintaining a valid permit shall be fined | ||
an amount not to exceed 1% of the
approved permit amount | ||
plus an additional 1% of the approved permit amount for
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each 30-day period, or fraction thereof, that the violation | ||
continues.
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(2) A permit holder who alters the scope of an approved | ||
project or whose
project costs exceed the allowable permit | ||
amount without first obtaining
approval from the State | ||
Board shall be fined an amount not to exceed the sum of
(i) | ||
the lesser of $25,000 or 2% of the approved permit amount | ||
and (ii) in those
cases where the approved permit amount is | ||
exceeded by more than $1,000,000, an
additional $20,000 for | ||
each $1,000,000, or fraction thereof, in excess of the
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approved permit amount.
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(3) A person who acquires major medical equipment or | ||
who establishes a
category of service without first | ||
obtaining a permit or exemption, as the case
may be, shall | ||
be fined an amount not to exceed $10,000 for each such
| ||
acquisition or category of service established plus an | ||
additional $10,000 for
each 30-day period, or fraction | ||
thereof, that the violation continues.
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(4) A person who constructs, modifies, or establishes a | ||
health care
facility without first obtaining a permit shall | ||
be fined an amount not to
exceed $25,000 plus an additional | ||
$25,000 for each 30-day period, or fraction
thereof, that | ||
the violation continues.
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(5) A person who discontinues a health care facility or | ||
a category of
service without first obtaining a permit | ||
shall be fined an amount not to exceed
$10,000 plus an | ||
additional $10,000 for each 30-day period, or fraction | ||
thereof,
that the violation continues. For purposes of this | ||
subparagraph (5), facilities licensed under the Nursing | ||
Home Care Act, with the exceptions of facilities operated | ||
by a county or Illinois Veterans Homes, are exempt from | ||
this permit requirement. However, facilities licensed | ||
under the Nursing Home Care Act must comply with Section | ||
3-423 of that Act and must provide the Board with 30-days' | ||
written notice of its intent to close.
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(6) A person subject to this Act who fails to provide |
information
requested by the State Board or Agency within | ||
30 days of a formal written
request shall be fined an | ||
amount not to exceed $1,000 plus an additional $1,000
for | ||
each 30-day period, or fraction thereof, that the | ||
information is not
received by the State Board or Agency.
| ||
(c) Before imposing any fine authorized under this Section, | ||
the State Board
shall afford the person or permit holder, as | ||
the case may be, an appearance
before the State Board and an | ||
opportunity for a hearing before a hearing
officer appointed by | ||
the State Board. The hearing shall be conducted in
accordance | ||
with Section 10.
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(d) All fines collected under this Act shall be transmitted | ||
to the State
Treasurer, who shall deposit them into the | ||
Illinois Health Facilities Planning
Fund.
| ||
(Source: P.A. 95-543, eff. 8-28-07 .)
| ||
(Text of Section after amendment by P.A. 96-339 ) | ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 14.1. Denial of permit; other sanctions. | ||
(a) The State Board may deny an application for a permit or | ||
may revoke or
take other action as permitted by this Act with | ||
regard to a permit as the State
Board deems appropriate, | ||
including the imposition of fines as set forth in this
Section, | ||
for any one or a combination of the following: | ||
(1) The acquisition of major medical equipment without | ||
a permit or in
violation of the terms of a permit. |
(2) The establishment, construction, or modification | ||
of a health care
facility without a permit or in violation | ||
of the terms of a permit. | ||
(3) The violation of any provision of this Act or any | ||
rule adopted
under this Act. | ||
(4) The failure, by any person subject to this Act, to | ||
provide information
requested by the State Board or Agency | ||
within 30 days after a formal written
request for the | ||
information. | ||
(5) The failure to pay any fine imposed under this | ||
Section within 30 days
of its imposition. | ||
(a-5) For facilities licensed under the Nursing Home Care | ||
Act or the MR/DD Community Care Act, no permit shall be denied | ||
on the basis of prior operator history, other than for actions | ||
specified under item (2), (4), or (5) of Section 3-117 of the | ||
Nursing Home Care Act or under item (2), (4), or (5) of Section | ||
3-117 of the MR/DD Community Care Act . For facilities licensed | ||
under the Nursing Home Care Act, no permit shall be denied on | ||
the basis of prior operator history, other than for: (i) | ||
actions specified under item (2), (3), (4), (5), or (6) of | ||
Section 3-117 of the Nursing Home Care Act; (ii) actions | ||
specified under item (a)(6) of Section 3-119 of the Nursing | ||
Home Care Act; or (iii) actions within the preceding 5 years | ||
constituting a substantial and repeated failure to comply with | ||
the Nursing Home Care Act or the rules and regulations adopted | ||
by the Department under that Act. The State Board shall not |
deny a permit on account of any action described in this | ||
subsection (a-5) without also considering all such actions in | ||
the light of all relevant information available to the State | ||
Board, including whether the permit is sought to substantially | ||
comply with a mandatory or voluntary plan of correction | ||
associated with any action described in this subsection (a-5) .
| ||
(b) Persons shall be subject to fines as follows: | ||
(1) A permit holder who fails to comply with the | ||
requirements of
maintaining a valid permit shall be fined | ||
an amount not to exceed 1% of the
approved permit amount | ||
plus an additional 1% of the approved permit amount for
| ||
each 30-day period, or fraction thereof, that the violation | ||
continues. | ||
(2) A permit holder who alters the scope of an approved | ||
project or whose
project costs exceed the allowable permit | ||
amount without first obtaining
approval from the State | ||
Board shall be fined an amount not to exceed the sum of
(i) | ||
the lesser of $25,000 or 2% of the approved permit amount | ||
and (ii) in those
cases where the approved permit amount is | ||
exceeded by more than $1,000,000, an
additional $20,000 for | ||
each $1,000,000, or fraction thereof, in excess of the
| ||
approved permit amount. | ||
(3) A person who acquires major medical equipment or | ||
who establishes a
category of service without first | ||
obtaining a permit or exemption, as the case
may be, shall | ||
be fined an amount not to exceed $10,000 for each such
|
acquisition or category of service established plus an | ||
additional $10,000 for
each 30-day period, or fraction | ||
thereof, that the violation continues. | ||
(4) A person who constructs, modifies, or establishes a | ||
health care
facility without first obtaining a permit shall | ||
be fined an amount not to
exceed $25,000 plus an additional | ||
$25,000 for each 30-day period, or fraction
thereof, that | ||
the violation continues. | ||
(5) A person who discontinues a health care facility or | ||
a category of
service without first obtaining a permit | ||
shall be fined an amount not to exceed
$10,000 plus an | ||
additional $10,000 for each 30-day period, or fraction | ||
thereof,
that the violation continues. For purposes of this | ||
subparagraph (5), facilities licensed under the Nursing | ||
Home Care Act or the MR/DD Community Care Act, with the | ||
exceptions of facilities operated by a county or Illinois | ||
Veterans Homes, are exempt from this permit requirement. | ||
However, facilities licensed under the Nursing Home Care | ||
Act or the MR/DD Community Care Act must comply with | ||
Section 3-423 of the Nursing Home Care Act or Section 3-423 | ||
of the MR/DD Community Care Act and must provide the Board | ||
with 30-days' written notice of its intent to close.
| ||
(6) A person subject to this Act who fails to provide | ||
information
requested by the State Board or Agency within | ||
30 days of a formal written
request shall be fined an | ||
amount not to exceed $1,000 plus an additional $1,000
for |
each 30-day period, or fraction thereof, that the | ||
information is not
received by the State Board or Agency. | ||
(c) Before imposing any fine authorized under this Section, | ||
the State Board
shall afford the person or permit holder, as | ||
the case may be, an appearance
before the State Board and an | ||
opportunity for a hearing before a hearing
officer appointed by | ||
the State Board. The hearing shall be conducted in
accordance | ||
with Section 10. | ||
(d) All fines collected under this Act shall be transmitted | ||
to the State
Treasurer, who shall deposit them into the | ||
Illinois Health Facilities Planning
Fund. | ||
(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10 .)
| ||
Section 22. The State Finance Act is amended by changing | ||
Section 5.589 as follows: | ||
(30 ILCS 105/5.589) | ||
Sec. 5.589. The Equity Innovations in Long-term Care | ||
Quality
Demonstration Grants
Fund. | ||
(Source: P.A. 95-331, eff. 8-21-07.) | ||
Section 23. The Innovations in Long-term Care Quality | ||
Grants Act is amended by changing the title of the Act and | ||
Sections 1, 5, 10, 15, and 20 as follows:
| ||
(30 ILCS 772/Act title)
|
An Act to create the Equity Innovations in Long-term Care | ||
Quality
Grants Act. | ||
(30 ILCS 772/1) | ||
Sec. 1. Short title. This Act may be cited as the Equity | ||
Innovations in Long-term Care Quality Grants Act. | ||
(Source: P.A. 92-784, eff. 8-6-02.) | ||
(30 ILCS 772/5) | ||
Sec. 5. Grant program. The Director of Public Health shall
| ||
establish a long-term care grant program that brings | ||
demonstrates the best practices
and innovation in for long-term | ||
care and services to residents of facilities licensed under the | ||
Nursing Home Care Act, and facilities that are in receivership, | ||
that are in areas the Director has determined are without | ||
access to high-quality nursing home care service, delivery, and | ||
housing. The grants
must
fund programs that demonstrate | ||
creativity in service provision through the
scope
of their | ||
program or service . | ||
(Source: P.A. 92-784, eff. 8-6-02 .) | ||
(30 ILCS 772/10) | ||
Sec. 10. Eligibility for grant. Initial grants may be made | ||
only to assist residents of facilities licensed under the | ||
Nursing Home Care Act that are in areas the Director has | ||
determined are without access to high-quality nursing home care |
and either: | ||
(1) (A) are in receivership, are under the control of a | ||
temporary manager, or are being assisted by an independent | ||
consultant; and (B) have a receiver, temporary manager, or | ||
independent consultant who (i) has demonstrated experience | ||
in initiating or continuing best practices and innovation | ||
in nursing home care and services and (ii) has a commitment | ||
of long-term cooperation and assistance from facilities | ||
licensed under the Nursing Home Care Act that have a | ||
history of providing high-quality nursing home care and | ||
services that reflect best practices and innovation; or | ||
(2) within the preceding 2 years, were acquired or | ||
opened by an owner who has demonstrated experience in | ||
initiating or continuing best practices and innovation in | ||
nursing home care and services and has a commitment of | ||
long-term cooperation and assistance from facilities | ||
licensed under the Nursing Home Care Act that have a | ||
history of providing high-quality nursing home care and | ||
services that reflect best practices and innovation. | ||
The grant must be used to bring, or assist in bringing, | ||
high-quality nursing home care to the residents of the facility | ||
within a realistic time frame. Grants may be for more than one | ||
year. | ||
A grant application submitted by a receiver and initially | ||
given to a receiver may subsequently be given to a new owner of | ||
the facility, if the owner: |
(1) Agrees to comply with the requirements of the | ||
original grant and with the plan submitted by the receiver | ||
for continuing and increasing adherence to best practices | ||
in providing high-quality nursing home care, or submits | ||
another realistic plan that would achieve the same end as | ||
the receiver's plan. | ||
(2) Has demonstrated experience in initiating or | ||
continuing best practices and innovation in nursing home | ||
care and services, and has a commitment of long-term | ||
cooperation and assistance (to be provided without | ||
compensation) from facilities licensed under the Nursing | ||
Home Care Act that have a history of providing high-quality | ||
nursing home care and services that reflect best practices | ||
and innovation. Grants may only be made to
facilities | ||
licensed under the Nursing Home Care Act.
Grants may only | ||
be made for projects that
show innovations and measurable | ||
improvement in resident care, quality of life,
use of | ||
technology, or customer satisfaction.
| ||
(Source: P.A. 92-784, eff. 8-6-02 .) | ||
(30 ILCS 772/15) | ||
Sec. 15. Equity Innovations in Long-term Care Quality | ||
Demonstration Grants Fund. | ||
(a) There is created in the State treasury a special fund | ||
to be known as the
Equity Innovations in Long-term Care Quality | ||
Demonstration Grants Fund. Grants
shall be funded using federal |
civil monetary penalties collected and deposited
into the
Long | ||
Term Care Monitor/Receiver Fund established under the Nursing
| ||
Home Care Act. Subject
to appropriation, moneys in the Fund | ||
shall be used to improve the quality of nursing home care in | ||
areas without access to high-quality long-term care for | ||
demonstration grants to
nursing homes . Interest earned on | ||
moneys in the Fund shall be deposited into
the Fund. | ||
(b) The Department may use no more than 10% of the moneys | ||
deposited into the Fund in any year to administer the program | ||
established by the Fund and to implement the requirements of | ||
the Nursing Home Care Act with respect to distressed | ||
facilities. | ||
(Source: P.A. 92-784, eff. 8-6-02.) | ||
(30 ILCS 772/20) | ||
Sec. 20. Award of grants. | ||
(a) Applications for grants must be made in a manner on | ||
forms prescribed by the
Director of Public Health by rule. | ||
Expenditures made in a manner with any grant, and the results | ||
therefrom, shall be included (if applicable) in the reports | ||
filed by the receiver with the court and shall be reported to | ||
the Department in a manner prescribed by rule and by the | ||
contract entered into by the grant recipient with the | ||
Department. An applicant for a grant shall submit to the | ||
Department, and (if applicable) to the court, a specific plan | ||
for continuing and increasing adherence to best practices in |
providing high-quality nursing home care once the grant has | ||
ended . | ||
(b) The applications must be reviewed , ranked, and | ||
recommended by
a commission composed of
5 representatives | ||
chosen from recommendations made by organizations
representing | ||
long-term care facilities in Illinois,
a citizen member from | ||
AARP, one representative from an a disabled
advocacy | ||
organization for persons with disabilities , one representative | ||
from the statewide ombudsman
organization, one representative | ||
from academia, one representative from a nursing home | ||
residents' advocacy organization, one representative from an | ||
organization with expertise in improving the access of persons | ||
in medically underserved areas to high-quality medical care, at | ||
least 2 experts in accounting or finance, the Director of | ||
Public Health,
the Director of Aging, and one representative | ||
selected by the leader of each
legislative caucus. With the | ||
exception of legislative members, members
shall be appointed by | ||
the Director of Public Health.
The commission shall perform its | ||
duties under this subsection (b) in
consultation with the
| ||
medical school located at the Champaign-Urbana campus of the | ||
University of
Illinois. | ||
(c) The commission shall rank applications according to the
| ||
following criteria: | ||
(1) improvement in direct care to residents; | ||
(2) increased efficiency through the use of | ||
technology; |
(3) improved quality of care through the use of | ||
technology; | ||
(4) increased access and delivery of service; | ||
(5) enhancement of nursing staff training; | ||
(6) effectiveness of the project as a demonstration; | ||
and | ||
(7) transferability of the project to other sites. | ||
(c) (d) The Director shall award grants based on the
| ||
recommendations of the commission and after a thorough review | ||
of the
compliance history of the applicants long-term care | ||
facility . | ||
(Source: P.A. 92-784, eff. 8-6-02.) | ||
Section 25. The Nursing Home Care Act is amended by | ||
changing Sections 1-114.01, 1-117, 1-122, 1-129, 1-130, 2-104, | ||
2-106.1, 2-201.5, 2-201.6, 2-205, 3-103, 3-113, 3-117, 3-119, | ||
3-206, 3-206.01, 3-206.02, 3-212, 3-303, 3-303.2, 3-304.1, | ||
3-305, 3-306, 3-309, 3-310, 3-318, 3-402, 3-501, and 3-504 and | ||
by adding Sections 1-114.005, 1-120.3, 1-120.7, 1-128.5, | ||
1-132, 2-104.3, 2-114, 2-201.7, 3-120, 3-202.05, 3-202.2a, | ||
3-202.2b, 3-304.2, 3-808, 3-809, and 3-810 as follows: | ||
(210 ILCS 45/1-114.005 new) | ||
Sec. 1-114.005. High risk designation. "High risk | ||
designation" means a violation of a provision of the Illinois | ||
Administrative Code that has been identified by the Department |
through rulemaking to be inherently necessary to protect the | ||
health, safety, and welfare of a resident. | ||
(210 ILCS 45/1-114.01) | ||
Sec. 1-114.01. Identified offender. "Identified offender" | ||
means a person who meets any of the following criteria: | ||
(1) Has been convicted of, found guilty of, adjudicated | ||
delinquent for, found not guilty by reason of insanity for, | ||
or found unfit to stand trial for, any felony offense | ||
listed in Section 25 of the Health Care Worker Background | ||
Check Act, except for the following: (i) a felony offense | ||
described in Section 10-5 of the Nurse Practice Act; (ii) a | ||
felony offense described in Section 4, 5, 6, 8, or 17.02 of | ||
the Illinois Credit Card and Debit Card Act; (iii) a felony | ||
offense described in Section 5, 5.1, 5.2, 7, or 9 of the | ||
Cannabis Control Act; (iv) a felony offense described in | ||
Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the | ||
Illinois Controlled Substances Act; and (v) a felony | ||
offense described in the Methamphetamine Control and | ||
Community Protection Act. | ||
(2) Has been convicted of, adjudicated delinquent for, | ||
found not guilty by reason of insanity for, or found unfit | ||
to stand trial for, any sex offense as defined in | ||
subsection (c) of Section 10 of the Sex Offender Management | ||
Board Act. | ||
(3) Is any other resident as determined by the |
Department of State Police. who has been convicted of any | ||
felony offense listed in Section 25 of the Health Care | ||
Worker Background Check Act, is a registered sex offender, | ||
or is serving a term of parole, mandatory supervised | ||
release, or probation for a felony offense. | ||
(Source: P.A. 94-163, eff. 7-11-05.) | ||
(210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117) | ||
Sec. 1-117. Neglect. "Neglect" means a facility's failure | ||
in a facility to provide , or willful withholding of, adequate | ||
medical care, mental health treatment, psychiatric | ||
rehabilitation, personal care, or assistance with activities | ||
of daily living that is necessary to avoid physical harm, | ||
mental anguish, or mental illness of a resident adequate
| ||
medical or personal care or maintenance, which failure results | ||
in physical
or mental injury to a resident or in the | ||
deterioration of a resident's physical
or mental condition . | ||
(Source: P.A. 81-223.) | ||
(210 ILCS 45/1-120.3 new) | ||
Sec. 1-120.3. Provisional admission period. "Provisional | ||
admission period" means the time between the admission of an | ||
identified offender as defined in Section 1-114.01 and 3 days | ||
following the admitting facility's receipt of an Identified | ||
Offender Report and Recommendation in accordance with Section | ||
2-201.6. |
(210 ILCS 45/1-120.7 new) | ||
Sec. 1-120.7. Psychiatric services rehabilitation aide. | ||
"Psychiatric services rehabilitation aide" means an individual | ||
employed by a long-term care facility to provide, for mentally | ||
ill residents, at a minimum, crisis intervention, | ||
rehabilitation, and assistance with activities of daily | ||
living.
| ||
(210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122)
| ||
Sec. 1-122. Resident. "Resident" means a person residing in | ||
and receiving personal or medical care, including but not | ||
limited to mental health treatment, psychiatric | ||
rehabilitation, physical rehabilitation, and assistance with | ||
activities of daily living,
care from a facility.
| ||
(Source: P.A. 81-223.)
| ||
(210 ILCS 45/1-128.5 new) | ||
Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation" | ||
means a violation of this Act or of the rules promulgated | ||
thereunder which creates a condition or occurrence relating to | ||
the operation and maintenance of a facility that proximately | ||
caused a resident's death.
| ||
(210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129)
| ||
Sec. 1-129. Type "A" violation. A "Type 'A' violation" |
means a violation of this Act or of
the rules promulgated | ||
thereunder which creates a condition or occurrence
relating to | ||
the operation and maintenance of a facility that (i) creates | ||
presenting a substantial
probability that the risk of death or | ||
serious mental or physical harm to a resident
will result | ||
therefrom or (ii) has resulted in actual physical or mental | ||
harm to a resident .
| ||
(Source: P.A. 81-223.)
| ||
(210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130)
| ||
Sec. 1-130. Type "B" violation. A "Type 'B' violation" | ||
means a violation of this Act or of
the rules promulgated | ||
thereunder which creates a condition or occurrence
relating to | ||
the operation and maintenance of a facility that is more likely | ||
than not to cause more than minimal physical or mental harm to | ||
directly threatening
to the health, safety or welfare of a | ||
resident.
| ||
(Source: P.A. 81-223.)
| ||
(210 ILCS 45/1-132 new) | ||
Sec. 1-132. Type "C" violation. A "Type 'C' violation" | ||
means a violation of this Act or of the rules promulgated | ||
thereunder which creates a condition or occurrence relating to | ||
the operation and maintenance of a facility that creates a | ||
substantial probability that less than minimal physical or | ||
mental harm to a resident will result therefrom.
|
(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
| ||
Sec. 2-104.
(a) A resident shall be permitted to retain the | ||
services
of his own personal physician at his own expense or | ||
under an individual or
group plan of health insurance, or under | ||
any public or private
assistance program providing such | ||
coverage. However, the facility is
not liable for the | ||
negligence of any such personal physician. Every
resident shall | ||
be permitted to obtain from his own physician or the
physician | ||
attached to the facility complete and current information
| ||
concerning his medical diagnosis, treatment and prognosis in | ||
terms and
language the resident can reasonably be expected to | ||
understand. Every
resident shall be permitted to participate in | ||
the planning of his total
care and medical treatment to the | ||
extent that his condition permits. No
resident shall be | ||
subjected to experimental research or treatment
without first | ||
obtaining his informed, written consent. The conduct of
any | ||
experimental research or treatment shall be authorized and | ||
monitored
by an institutional review board committee appointed | ||
by the Director administrator of
the facility where such | ||
research and treatment is conducted . The
membership, operating | ||
procedures and review criteria for the institutional
review | ||
board committees shall be prescribed under rules and | ||
regulations of the
Department and shall comply with the | ||
requirements for institutional review boards established by | ||
the federal Food and Drug Administration. No person who has |
received compensation in the prior 3 years from an entity that | ||
manufactures, distributes, or sells pharmaceuticals, | ||
biologics, or medical devices may serve on the institutional | ||
review board. | ||
The institutional review board may approve only research or | ||
treatment that meets the standards of the federal Food and Drug | ||
Administration with respect to (i) the protection of human | ||
subjects and (ii) financial disclosure by clinical | ||
investigators. The Office of State Long Term Care Ombudsman and | ||
the State Protection and Advocacy organization shall be given | ||
an opportunity to comment on any request for approval before | ||
the board makes a decision. Those entities shall not be | ||
provided information that would allow a potential human subject | ||
to be individually identified, unless the board asks the | ||
Ombudsman for help in securing information from or about the | ||
resident. The board shall require frequent reporting of the | ||
progress of the approved research or treatment and its impact | ||
on residents, including immediate reporting of any adverse | ||
impact to the resident, the resident's representative, the | ||
Office of the State Long Term Care Ombudsman, and the State | ||
Protection and Advocacy organization. The board may not approve | ||
any retrospective study of the records of any resident about | ||
the safety or efficacy of any care or treatment if the resident | ||
was under the care of the proposed researcher or a business | ||
associate when the care or treatment was given, unless the | ||
study is under the control of a researcher without any business |
relationship to any person or entity who could benefit from the | ||
findings of the study. | ||
No facility shall permit experimental research or | ||
treatment to be conducted on a resident, or give access to any | ||
person or person's records for a retrospective study about the | ||
safety or efficacy of any care or treatment, without the prior | ||
written approval of the institutional review board. No nursing | ||
home administrator, or person licensed by the State to provide | ||
medical care or treatment to any person, may assist or | ||
participate in any experimental research on or treatment of a | ||
resident, including a retrospective study, that does not have | ||
the prior written approval of the board. Such conduct shall be | ||
grounds for professional discipline by the Department of | ||
Financial and
Professional Regulation. | ||
The institutional review board may exempt from ongoing | ||
review research or treatment initiated on a resident before the | ||
individual's admission to a facility and for which the board | ||
determines there is adequate ongoing oversight by another | ||
institutional review board. Nothing in this Section shall | ||
prevent a facility, any facility employee, or any other person | ||
from assisting or participating in any experimental research on | ||
or treatment of a resident, if the research or treatment began | ||
before the person's admission to a facility, until the board | ||
has reviewed the research or treatment and decided to grant or | ||
deny approval or to exempt the research or treatment from | ||
ongoing review .
|
(b) All medical treatment and procedures shall be | ||
administered as
ordered by a physician. All new physician | ||
orders shall be reviewed by the
facility's director of nursing | ||
or charge nurse designee within 24 hours
after such orders have | ||
been issued to assure facility compliance with such orders.
| ||
According to rules adopted by the Department, every woman | ||
resident of
child-bearing age shall receive routine | ||
obstetrical and gynecological
evaluations as well as necessary | ||
prenatal care.
| ||
(c) Every resident shall be permitted to refuse medical | ||
treatment
and to know the consequences of such action, unless | ||
such refusal would
be harmful to the health and safety of | ||
others and such harm is
documented by a physician in the | ||
resident's clinical record. The
resident's refusal shall free | ||
the facility from the obligation to
provide the treatment.
| ||
(d) Every resident, resident's guardian, or parent if the | ||
resident
is a minor shall be permitted to inspect and copy all | ||
his clinical and
other records concerning his care and | ||
maintenance kept by the facility
or by his physician. The | ||
facility may charge a reasonable fee for
duplication of a | ||
record.
| ||
(Source: P.A. 86-1013.)
| ||
(210 ILCS 45/2-104.3 new) | ||
Sec. 2-104.3. Serious mental illness; rescreening. | ||
(a) All persons admitted to a nursing home facility with a |
diagnosis of serious mental illness who remain in the facility | ||
for a period of 90 days shall be re-screened by the Department | ||
of Human Services or its designee at the end of the 90-day | ||
period, at 6 months, and annually thereafter to assess their | ||
continuing need for nursing facility care and shall be advised | ||
of all other available care options. | ||
(b) The Department of Human Services, by rule, shall | ||
provide for a prohibition on conflicts of interest for | ||
pre-admission screeners. The rule shall provide for waiver of | ||
those conflicts by the Department of Human Services if the | ||
Department of Human Services determines that a scarcity of | ||
qualified pre-admission screeners exists in a given community | ||
and that, absent a waiver of conflict, an insufficient number | ||
of pre-admission screeners would be available. If a conflict is | ||
waived, the pre-admission screener shall disclose the conflict | ||
of interest to the screened individual in the manner provided | ||
for by rule of the Department of Human Services. For the | ||
purposes of this subsection, a "conflict of interest" includes, | ||
but is not limited to, the existence of a professional or | ||
financial relationship between (i) a PAS-MH corporate or a | ||
PAS-MH agent performing the rescreening and (ii) a community | ||
provider or long-term care facility. | ||
(210 ILCS 45/2-106.1)
| ||
Sec. 2-106.1. Drug treatment.
| ||
(a) A resident shall not be given unnecessary drugs. An
|
unnecessary drug is any drug used in an excessive dose, | ||
including in
duplicative therapy; for excessive duration; | ||
without adequate
monitoring; without adequate indications for | ||
its use; or in the
presence of adverse consequences that | ||
indicate the drugs should be reduced or
discontinued. The | ||
Department shall adopt, by rule, the standards
for unnecessary
| ||
drugs
contained in interpretive guidelines issued by the United | ||
States Department of
Health and Human Services for the purposes | ||
of administering Titles XVIII and XIX of
the Social Security | ||
Act.
| ||
(b) Psychotropic medication shall not be prescribed | ||
without the informed
consent of the resident, the resident's | ||
guardian, or other authorized
representative. "Psychotropic | ||
medication"
means medication that
is used for or listed as used | ||
for antipsychotic, antidepressant, antimanic, or
antianxiety | ||
behavior modification or behavior management purposes in the | ||
latest
editions of the AMA Drug Evaluations or the Physician's | ||
Desk Reference.
The Department shall adopt, by rule, a protocol | ||
specifying how informed consent for psychotropic medication | ||
may be obtained or refused. The protocol shall require, at a | ||
minimum, a discussion between (i) the resident or the | ||
resident's authorized representative and (ii) the resident's | ||
physician, a registered pharmacist (who is not a dispensing | ||
pharmacist for the facility where the resident lives), or a | ||
licensed nurse about the possible risks and benefits of a | ||
recommended medication and the use of standardized consent |
forms designated by the Department. Each form developed by the | ||
Department (i) shall be written in plain language, (ii) shall | ||
be able to be downloaded from the Department's official | ||
website, (iii) shall include information specific to the | ||
psychotropic medication for which consent is being sought, and | ||
(iv) shall be used for every resident for whom psychotropic | ||
drugs are prescribed. In addition to creating those forms, the | ||
Department shall approve the use of any other informed consent | ||
forms that meet criteria developed by the Department. | ||
In addition to any other penalty prescribed by law, a | ||
facility that is found to have violated this subsection, or the | ||
federal certification requirement that informed consent be | ||
obtained before administering a psychotropic medication, shall | ||
thereafter be required to obtain the signatures of 2 licensed | ||
health care professionals on every form purporting to give | ||
informed consent for the administration of a psychotropic | ||
medication, certifying the personal knowledge of each health | ||
care professional that the consent was obtained in compliance | ||
with the requirements of this subsection.
| ||
(c) The requirements of
this Section are intended to | ||
control in a conflict
with the requirements of Sections 2-102 | ||
and 2-107.2
of the Mental Health and Developmental Disabilities | ||
Code with respect to the
administration of psychotropic | ||
medication.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
|
(210 ILCS 45/2-114 new) | ||
Sec. 2-114. Unlawful discrimination. No resident shall be | ||
subjected to unlawful discrimination as defined in Section | ||
1-103 of the Illinois Human Rights Act by any owner, licensee, | ||
administrator, employee, or agent of a facility. Unlawful | ||
discrimination does not include an action by any owner, | ||
licensee, administrator, employee, or agent of a facility that | ||
is required by this Act or rules adopted under this Act. | ||
(210 ILCS 45/2-201.5) | ||
Sec. 2-201.5. Screening prior to admission. | ||
(a) All persons age 18 or older seeking admission to a | ||
nursing
facility must be screened to
determine the need for | ||
nursing facility services prior to being admitted,
regardless | ||
of income, assets, or funding source. In addition, any person | ||
who
seeks to become eligible for medical assistance from the | ||
Medical Assistance
Program under the Illinois Public Aid Code | ||
to pay for long term care services
while residing in a facility | ||
must be screened prior to receiving those
benefits. Screening | ||
for nursing facility services shall be administered
through | ||
procedures established by administrative rule. Screening may | ||
be done
by agencies other than the Department as established by | ||
administrative rule.
This Section applies on and after July 1, | ||
1996. No later than October 1, 2010, the Department of | ||
Healthcare and Family Services, in collaboration with the | ||
Department on Aging, the Department of Human Services, and the |
Department of Public Health, shall file administrative rules | ||
providing for the gathering, during the screening process, of | ||
information relevant to determining each person's potential | ||
for placing other residents, employees, and visitors at risk of | ||
harm. | ||
(a-1) Any screening performed pursuant to subsection (a) of
| ||
this Section shall include a determination of whether any
| ||
person is being considered for admission to a nursing facility | ||
due to a
need for mental health services. For a person who | ||
needs
mental health services, the screening shall
also include | ||
an evaluation of whether there is permanent supportive housing, | ||
or an array of
community mental health services, including but | ||
not limited to
supported housing, assertive community | ||
treatment, and peer support services, that would enable the | ||
person to live in the community. The person shall be told about | ||
the existence of any such services that would enable the person | ||
to live safely and humanely and about available appropriate | ||
nursing home services that would enable the person to live | ||
safely and humanely, and the person shall be given the | ||
assistance necessary to avail himself or herself of any | ||
available services. | ||
(a-2) Pre-screening for persons with a serious mental | ||
illness shall be performed by a psychiatrist, a psychologist, a | ||
registered nurse certified in psychiatric nursing, a licensed | ||
clinical professional counselor, or a licensed clinical social | ||
worker,
who is competent to (i) perform a clinical assessment |
of the individual, (ii) certify a diagnosis, (iii) make a
| ||
determination about the individual's current need for | ||
treatment, including substance abuse treatment, and recommend | ||
specific treatment, and (iv) determine whether a facility or a | ||
community-based program
is able to meet the needs of the | ||
individual. | ||
For any person entering a nursing facility, the | ||
pre-screening agent shall make specific recommendations about | ||
what care and services the individual needs to receive, | ||
beginning at admission, to attain or maintain the individual's | ||
highest level of independent functioning and to live in the | ||
most integrated setting appropriate for his or her physical and | ||
personal care and developmental and mental health needs. These | ||
recommendations shall be revised as appropriate by the | ||
pre-screening or re-screening agent based on the results of | ||
resident review and in response to changes in the resident's | ||
wishes, needs, and interest in transition. | ||
Upon the person entering the nursing facility, the | ||
Department of Human Services or its designee shall assist the | ||
person in establishing a relationship with a community mental | ||
health agency or other appropriate agencies in order to (i) | ||
promote the person's transition to independent living and (ii) | ||
support the person's progress in meeting individual goals. | ||
(a-3) The Department of Human Services, by rule, shall | ||
provide for a prohibition on conflicts of interest for | ||
pre-admission screeners. The rule shall provide for waiver of |
those conflicts by the Department of Human Services if the | ||
Department of Human Services determines that a scarcity of | ||
qualified pre-admission screeners exists in a given community | ||
and that, absent a waiver of conflicts, an insufficient number | ||
of pre-admission screeners would be available. If a conflict is | ||
waived, the pre-admission screener shall disclose the conflict | ||
of interest to the screened individual in the manner provided | ||
for by rule of the Department of Human Services. For the | ||
purposes of this subsection, a "conflict of interest" includes, | ||
but is not limited to, the existence of a professional or | ||
financial relationship between (i) a PAS-MH corporate or a | ||
PAS-MH agent and (ii) a community provider or long-term care | ||
facility. | ||
(b) In addition to the screening required by subsection | ||
(a), a facility, except for those licensed as long term care | ||
for under age 22 facilities, shall, within 24 hours after | ||
admission, request a criminal history background check | ||
pursuant to the Uniform Conviction Information Act for all | ||
persons age 18 or older seeking admission to the facility , | ||
unless a background check was initiated by a hospital pursuant | ||
to subsection (d) of Section 6.09 of the Hospital Licensing | ||
Act . Background checks conducted pursuant to this Section shall | ||
be based on the resident's name, date of birth, and other | ||
identifiers as required by the Department of State Police. If | ||
the results of the background check are inconclusive, the | ||
facility shall initiate a fingerprint-based check, unless the |
fingerprint check is waived by the Director of Public Health | ||
based on verification by the facility that the resident is | ||
completely immobile or that the resident meets other criteria | ||
related to the resident's health or lack of potential risk | ||
which may be established by Departmental rule. A waiver issued | ||
pursuant to this Section shall be valid only while the resident | ||
is immobile or while the criteria supporting the waiver exist. | ||
The facility shall provide for or arrange for any required | ||
fingerprint-based checks to be taken on the premises of the | ||
facility. If a fingerprint-based check is required, the | ||
facility shall arrange for it to be conducted in a manner that | ||
is respectful of the resident's dignity and that minimizes any | ||
emotional or physical hardship to the resident. | ||
A facility, except for those licensed as long term care for | ||
under age 22 facilities, shall, within 60 days after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, request a criminal history background check pursuant | ||
to the Uniform Conviction Information Act for all persons who | ||
are residents of the facility on the effective date of this | ||
amendatory Act of the 94th General Assembly. The facility shall | ||
review the results of the criminal history background checks | ||
immediately upon receipt thereof. If the results of the | ||
background check are inconclusive, the facility shall initiate | ||
a fingerprint-based check unless the fingerprint-based check | ||
is waived by the Director of Public Health based on | ||
verification by the facility that the resident is completely |
immobile or that the resident meets other criteria related to | ||
the resident's health or lack of potential risk which may be | ||
established by Departmental rule. A waiver issued pursuant to | ||
this Section shall be valid only while the resident is immobile | ||
or while the criteria supporting the waiver exist. The facility | ||
shall provide for or arrange for any required fingerprint-based | ||
checks to be taken on the premises of the facility. If a | ||
fingerprint-based check is required, the facility shall | ||
arrange for it to be conducted in a manner that is respectful | ||
of the resident's dignity and that minimizes any emotional or | ||
physical hardship to the resident. | ||
(c) If the results of a resident's criminal history | ||
background check reveal that the resident is an identified | ||
offender as defined in Section 1-114.01, the facility shall do | ||
the following: | ||
(1) Immediately notify the Department of State Police, | ||
in the form and manner required by the Department of State | ||
Police, in collaboration with the Department of Public | ||
Health, that the resident is an identified offender. | ||
(2) Within 72 hours, arrange for a fingerprint-based | ||
criminal history record inquiry to be requested on the | ||
identified offender resident. The inquiry shall be based on | ||
the subject's name, sex, race, date of birth, fingerprint | ||
images, and other identifiers required by the Department of | ||
State Police. The inquiry shall be processed through the | ||
files of the Department of State Police and the Federal |
Bureau of Investigation to locate any criminal history | ||
record information that may exist regarding the subject. | ||
The Federal Bureau of Investigation shall furnish to the | ||
Department of State Police,
pursuant to an inquiry under | ||
this paragraph (2),
any criminal history record | ||
information contained in its
files. | ||
The facility shall comply with all applicable provisions | ||
contained in the Uniform Conviction Information Act. | ||
All name-based and fingerprint-based criminal history | ||
record inquiries shall be submitted to the Department of State | ||
Police electronically in the form and manner prescribed by the | ||
Department of State Police. The Department of State Police may | ||
charge the facility a fee for processing name-based and | ||
fingerprint-based criminal history record inquiries. The fee | ||
shall be deposited into the State Police Services Fund. The fee | ||
shall not exceed the actual cost of processing the inquiry. the | ||
facility shall immediately fax the resident's name and criminal | ||
history information to the Illinois Department of Public | ||
Health, which shall conduct a Criminal History Analysis | ||
pursuant to Section 2-201.6. The Criminal History Analysis | ||
shall be conducted independently of the Illinois Department of | ||
Public Health's Office of Healthcare Regulation. The Office of | ||
Healthcare Regulation shall have no involvement with the | ||
process of reviewing or analyzing the criminal history of | ||
identified offenders. | ||
(d) (Blank). The Illinois Department of Public Health shall |
keep a continuing record of all residents determined to be | ||
identified offenders under Section 1-114.01 and shall report | ||
the number of identified offender residents annually to the | ||
General Assembly.
| ||
(e) The Department shall develop and maintain a | ||
de-identified database of residents who have injured facility | ||
staff, facility visitors, or other residents, and the attendant | ||
circumstances, solely for the purposes of evaluating and | ||
improving resident pre-screening and assessment procedures | ||
(including the Criminal History Report prepared under Section | ||
2-201.6) and the adequacy of Department requirements | ||
concerning the provision of care and services to residents. A | ||
resident shall not be listed in the database until a Department | ||
survey confirms the accuracy of the listing. The names of | ||
persons listed in the database and information that would allow | ||
them to be individually identified shall not be made public. | ||
Neither the Department nor any other agency of State government | ||
may use information in the database to take any action against | ||
any individual, licensee, or other entity, unless the | ||
Department or agency receives the information independent of | ||
this subsection (e). All information
collected, maintained, or | ||
developed under the authority of this subsection (e) for the | ||
purposes of the database maintained under this subsection (e) | ||
shall be treated in the same manner as information that is | ||
subject to Part 21 of Article VIII of the Code of Civil | ||
Procedure. |
(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.) | ||
(210 ILCS 45/2-201.6) | ||
Sec. 2-201.6. Criminal History Report Analysis . | ||
(a) The Department of State Police shall prepare | ||
immediately commence a Criminal History Report Analysis when it | ||
receives information, through the criminal history background | ||
check required pursuant to subsection (d) of Section 6.09 of | ||
the Hospital Licensing Act or subsection (c) (b) of Section | ||
2-201.5 , or through any other means, that a resident of a | ||
facility is an identified offender. | ||
(b) The Department of State Police shall complete the | ||
Criminal History Report within 10 business The Department shall | ||
complete the Criminal History Analysis as soon as practicable, | ||
but not later than 14 days after receiving information under | ||
subsection (a) that a resident is an identified offender | ||
receiving notice from the facility under subsection (a) . | ||
(c) The Criminal History Report Analysis shall include, but | ||
not be limited to, all of the following: | ||
(1) (Blank). Consultation with the identified | ||
offender's assigned parole agent or probation officer, if | ||
applicable. | ||
(2) (Blank). Consultation with the convicting | ||
prosecutor's office. | ||
(3) (Blank). A review of the statement of facts, police | ||
reports, and victim impact statements, if available. |
(3.5) Copies of the identified offender's parole, | ||
mandatory supervised release, or probation orders. | ||
(4) An interview with the identified offender. | ||
(5) (Blank). Consultation with the facility | ||
administrator or facility medical director, or both, | ||
regarding the physical condition of the identified | ||
offender.
| ||
(6) A detailed summary Consideration of the entire | ||
criminal history of the offender, including arrests, | ||
convictions, and the date of the identified offender's last | ||
conviction relative to the date of admission to a long-term | ||
care facility. | ||
(7) If the identified offender is a convicted or | ||
registered sex offender, a review of any and all sex | ||
offender evaluations conducted on that offender. If there | ||
is no sex offender evaluation available, the Department of | ||
State Police shall arrange, through the Department of | ||
Public Health, provide for a sex offender evaluation to be | ||
conducted on the identified offender. If the convicted or | ||
registered sex offender is under supervision by the | ||
Illinois Department of Corrections or a county probation | ||
department, the sex offender evaluation shall be arranged | ||
by and at the expense of the supervising agency. All | ||
evaluations conducted on convicted or registered sex | ||
offenders under this Act shall be conducted by sex offender | ||
evaluators approved by the Sex Offender Management Board. |
(d) The Department of State Police shall provide the | ||
prepare a Criminal History Analysis Report to a licensed | ||
forensic psychologist. After (i) consideration of the Criminal | ||
History Report, (ii) consultation with the facility | ||
administrator or the facility medical director, or both, | ||
regarding the mental and physical condition of the identified | ||
offender, and (iii) reviewing the facility's file on the | ||
identified offender, including all incident reports, all | ||
information regarding medication and medication compliance, | ||
and all information regarding previous discharges or transfers | ||
from other facilities, the licensed forensic psychologist | ||
shall prepare an Identified Offender Report and | ||
Recommendation. The Identified Offender Report and | ||
Recommendation based on the analysis conducted pursuant to | ||
subsection (c). The Report shall include a summary of the Risk | ||
Analysis and shall detail whether and to what extent the | ||
identified offender's criminal history necessitates the | ||
implementation of security measures within the long-term care | ||
facility. If the identified offender is a convicted or | ||
registered sex offender or if the Identified Offender Report | ||
and Recommendation Department's Criminal History Analysis | ||
reveals that the identified offender poses a significant risk | ||
of harm to others within the facility, the offender shall be | ||
required to have his or her own room within the facility. | ||
(e) The licensed forensic psychologist shall complete the | ||
Identified Offender Report and Recommendation within 14 |
business days after receiving the Criminal History Analysis | ||
Report and shall promptly provide the Identified Offender | ||
Report and Recommendation to the Department of State Police, | ||
which shall provide the Identified Offender Report and | ||
Recommendation be provided to the following: | ||
(1) The long-term care facility within which the | ||
identified offender resides. | ||
(2) The Chief of Police of the municipality in which | ||
the facility is located. | ||
(3) The State of Illinois Long Term Care Ombudsman. | ||
(4) The Department of Public Health. | ||
(e-5) The Department of Public Health shall keep a | ||
continuing record of all residents determined to be identified | ||
offenders as defined in Section 1-114.01 and shall report the | ||
number of identified offender residents annually to the General | ||
Assembly. | ||
(f) The facility shall incorporate the Identified Offender | ||
Report and Recommendation Criminal History Analysis Report | ||
into the identified offender's care plan created pursuant to 42 | ||
CFR 483.20. | ||
(g) If, based on the Identified Offender Report and | ||
Recommendation Criminal History Analysis Report , a facility | ||
determines that it cannot manage the identified offender | ||
resident safely within the facility, it shall commence | ||
involuntary transfer or discharge proceedings pursuant to | ||
Section 3-402. |
(h) Except for willful and wanton misconduct, any person | ||
authorized to participate in the development of a Criminal | ||
History Analysis or Criminal History Analysis Report or | ||
Identified Offender Report and Recommendation is immune from | ||
criminal or civil liability for any acts or omissions as the | ||
result of his or her good faith effort to comply with this | ||
Section.
| ||
(Source: P.A. 94-752, eff. 5-10-06.) | ||
(210 ILCS 45/2-201.7 new) | ||
Sec. 2-201.7. Expanded criminal history background check | ||
pilot program. | ||
(a) The purpose of this Section is to establish a pilot | ||
program based in Cook and Will counties in which an expanded | ||
criminal history background check screening process will be | ||
utilized to better identify residents of licensed long term | ||
care facilities who, because of their criminal histories, may | ||
pose a risk to other vulnerable residents. | ||
(b) In this Section, "mixed population facility" means a | ||
facility that has more than 25 residents with a diagnosis of | ||
serious mental illness and residents 65 years of age or older. | ||
(c) Every mixed population facility located in Cook County | ||
or Will County shall participate in the pilot program and shall | ||
employ expanded criminal history background check screening | ||
procedures for all residents admitted to the facility who are | ||
at least 18 years of age but less than 65 years of age. Under |
the pilot program, criminal history background checks required | ||
under this Act shall employ fingerprint-based criminal history | ||
record inquiries or comparably comprehensive name-based | ||
criminal history background checks. Fingerprint-based criminal | ||
history record inquiries shall be conducted pursuant to | ||
subsection (c-2) of Section 2-201.5. A Criminal History Report | ||
and an Identified Offender Report and Recommendation shall be | ||
completed pursuant to Section 2-201.6 if the results of the | ||
expanded criminal history background check reveal that a | ||
resident is an identified offender as defined in Section | ||
1-114.01. | ||
(d) If an expanded criminal history background check | ||
reveals that a resident is an identified offender as defined in | ||
Section 1-114.01, the facility shall be notified within 72 | ||
hours. | ||
(e) The cost of the expanded criminal history background | ||
checks conducted pursuant to the pilot program shall not exceed | ||
$50 per resident and shall be paid by the facility. The | ||
Department of State Police shall implement all potential | ||
measures to minimize the cost of the expanded criminal history | ||
background checks to the participating long term care | ||
facilities. | ||
(f) The pilot program shall run for a period of one year | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly. Promptly after the end of that one-year | ||
period, the Department shall report the results of the pilot |
program to the General Assembly. | ||
(210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205) | ||
Sec. 2-205. The following information is subject to | ||
disclosure to
the public from the Department or the Department | ||
of Healthcare and Family Services: | ||
(1) Information submitted under Sections 3-103 and | ||
3-207 except
information concerning the remuneration of | ||
personnel licensed,
registered, or certified by the | ||
Department of Professional Regulation
and monthly charges | ||
for an individual private resident; | ||
(2) Records of license and certification inspections, | ||
surveys, and
evaluations of facilities, other reports of | ||
inspections, surveys, and
evaluations of resident care, | ||
whether a facility has been designated a distressed | ||
facility, and the basis for the designation, and reports | ||
concerning a facility prepared
pursuant to Titles XVIII and | ||
XIX of the Social Security Act, subject to
the provisions | ||
of the Social Security Act; | ||
(3) Cost and reimbursement reports submitted by a | ||
facility under
Section 3-208, reports of audits of | ||
facilities, and other public
records concerning costs | ||
incurred by, revenues received by, and
reimbursement of | ||
facilities; and | ||
(4) Complaints filed against a facility and complaint | ||
investigation
reports, except that a complaint or |
complaint investigation report shall
not be disclosed to a | ||
person other than the complainant or complainant's
| ||
representative before it is disclosed to a facility under | ||
Section 3-702,
and, further, except that a complainant or | ||
resident's name shall not be
disclosed except under Section | ||
3-702. | ||
The Department shall disclose information under this | ||
Section in
accordance with provisions for inspection and | ||
copying of public records
required by the Freedom of | ||
Information Act. | ||
However, the disclosure of information described in | ||
subsection (1) shall
not be restricted by any provision of the | ||
Freedom of Information Act. | ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
| ||
Sec. 3-103. The procedure for obtaining a valid license | ||
shall be as follows:
| ||
(1) Application to operate a facility shall be made to
| ||
the Department on forms furnished by the Department.
| ||
(2)
All license applications shall be accompanied with | ||
an application fee.
The fee
for an annual license shall be | ||
$1,990 $995 . Facilities that pay a fee or assessment | ||
pursuant to Article V-C of the Illinois Public Aid Code | ||
shall be exempt from the license fee imposed under this | ||
item (2). The fee for a 2-year
license shall be double the |
fee for the annual license set forth in the
preceding | ||
sentence. The
fees collected
shall be deposited with the | ||
State Treasurer into the Long Term Care
Monitor/Receiver | ||
Fund, which has been created as a special fund in the State
| ||
treasury.
This special fund is to be used by the Department | ||
for expenses related to
the appointment of monitors and | ||
receivers as contained in Sections 3-501
through 3-517 of | ||
this Act, for the enforcement of this Act, and for | ||
implementation of the Abuse Prevention Review Team Act. The | ||
Department may reduce or waive a penalty pursuant to | ||
Section 3-308 only if that action will not threaten the | ||
ability of the Department to meet the expenses required to | ||
be met by the Long Term Care Monitor/Receiver Fund. At the | ||
end of each fiscal year, any funds in excess of
$1,000,000 | ||
held in the Long Term Care Monitor/Receiver Fund shall be
| ||
deposited in the State's General Revenue Fund. The | ||
application shall be under
oath and the submission of false | ||
or misleading information shall be a Class
A misdemeanor. | ||
The application shall contain the following information:
| ||
(a) The name and address of the applicant if an | ||
individual, and if a firm,
partnership, or | ||
association, of every member thereof, and in the case | ||
of
a corporation, the name and address thereof and of | ||
its officers and its
registered agent, and in the case | ||
of a unit of local government, the name
and address of | ||
its chief executive officer;
|
(b) The name and location of the facility for which | ||
a license is sought;
| ||
(c) The name of the person or persons under whose | ||
management or
supervision
the facility will be | ||
conducted;
| ||
(d) The number and type of residents for which | ||
maintenance, personal care,
or nursing is to be | ||
provided; and
| ||
(e) Such information relating to the number, | ||
experience, and training
of the employees of the | ||
facility, any management agreements for the operation
| ||
of the facility, and of the moral character of the | ||
applicant and employees
as the Department may deem | ||
necessary.
| ||
(3) Each initial application shall be accompanied by a | ||
financial
statement setting forth the financial condition | ||
of the applicant and by a
statement from the unit of local | ||
government having zoning jurisdiction over
the facility's | ||
location stating that the location of the facility is not | ||
in
violation of a zoning ordinance. An initial application | ||
for a new facility
shall be accompanied by a permit as | ||
required by the "Illinois Health Facilities
Planning Act". | ||
After the application is approved, the applicant shall
| ||
advise the Department every 6 months of any changes in the | ||
information
originally provided in the application.
| ||
(4) Other information necessary to determine the |
identity and qualifications
of an applicant to operate a | ||
facility in accordance with this Act shall
be included in | ||
the application as required by the Department in | ||
regulations.
| ||
(Source: P.A. 96-758, eff. 8-25-09.)
| ||
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) | ||
Sec. 3-113. The license granted to the transferee shall be | ||
subject to
the plan of correction submitted by the previous | ||
owner and approved by the
Department and any conditions | ||
contained in a conditional license issued
to the previous | ||
owner. If there are outstanding violations and no approved
plan | ||
of correction has been implemented, the Department may issue a | ||
conditional
license and plan of correction as provided in | ||
Sections 3-311
through 3-317. The license granted to a | ||
transferee for a facility that is in receivership shall be | ||
subject to any contractual obligations assumed by a grantee | ||
under the Equity in Long-term Care Quality Act and to the plan | ||
submitted by the receiver for continuing and increasing | ||
adherence to best practices in providing high-quality nursing | ||
home care, unless the grant is repaid, under conditions to be | ||
determined by rule by the Department in its administration of | ||
the Equity in Long-term Care Quality Act. | ||
(Source: P.A. 91-357, eff. 7-29-99.) | ||
(210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) |
Sec. 3-117. An application for a license may be denied for | ||
any of the
following reasons: | ||
(1) Failure to meet any of the minimum standards set | ||
forth by this
Act or by rules and regulations promulgated | ||
by the Department under this Act.
| ||
(2) Conviction of the applicant, or if the applicant is | ||
a firm,
partnership or association, of any of its members, | ||
or if a corporation,
the conviction of the corporation or | ||
any of its officers or
stockholders, or of the person | ||
designated to manage or supervise the
facility, of a | ||
felony, or of 2 or more misdemeanors involving moral
| ||
turpitude, during the previous 5 years as shown by a | ||
certified copy
of the record of the court of conviction. | ||
(3) Personnel insufficient in number or unqualified by | ||
training or
experience to properly care for the proposed | ||
number and type of residents. | ||
(4) Insufficient financial or other resources to | ||
operate and conduct
the facility in accordance with | ||
standards promulgated by the Department
under this Act and | ||
with contractual obligations assumed by a recipient of a | ||
grant under the Equity in Long-term Care Quality Act and | ||
the plan (if applicable) submitted by a grantee for | ||
continuing and increasing adherence to best practices in | ||
providing high-quality nursing home care . | ||
(5) Revocation of a facility license during the | ||
previous 5 years, if
such prior license was issued to the |
individual applicant, a controlling
owner or controlling | ||
combination of owners of the applicant; or any
affiliate of | ||
the individual applicant or controlling owner of the | ||
applicant
and such individual applicant, controlling owner | ||
of the applicant or
affiliate of the applicant was a | ||
controlling owner of the prior license;
provided, however, | ||
that the denial of an application for a license pursuant
to | ||
this subsection must be supported by evidence that such | ||
prior revocation
renders the applicant unqualified or | ||
incapable of meeting or maintaining
a facility in | ||
accordance with the standards and rules promulgated by the
| ||
Department under this Act. | ||
(6) That the facility is not under the direct | ||
supervision of a full-time
administrator, as defined by | ||
regulation, who is licensed, if required,
under the Nursing | ||
Home Administrators Licensing and Disciplinary Act. | ||
(7) That the facility is in receivership and the | ||
proposed licensee has not submitted a specific detailed | ||
plan to bring the facility into compliance with the | ||
requirements of this Act and with federal certification | ||
requirements, if the facility is certified, and to keep the | ||
facility in such compliance. | ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
| ||
Sec. 3-119. (a) The Department, after notice to the |
applicant or
licensee, may suspend, revoke or refuse to renew a | ||
license in any case
in which the Department finds any of the | ||
following:
| ||
(1) There has been a substantial failure to comply with | ||
this Act or the
rules and regulations promulgated by the | ||
Department under this Act. A substantial failure by a | ||
facility shall include, but not be limited to, any of the | ||
following: | ||
(A) termination of Medicare or Medicaid | ||
certification by the Centers for Medicare and Medicaid | ||
Services; or | ||
(B) a failure by the facility to pay any fine | ||
assessed under this Act after the Department has sent | ||
to the facility at least 2 notices of assessment that | ||
include a schedule of payments as determined by the | ||
Department, taking into account extenuating | ||
circumstances and financial hardships of the facility.
| ||
(2) Conviction of the licensee, or of the person | ||
designated to manage
or supervise the facility, of a | ||
felony, or of 2 or more misdemeanors
involving moral | ||
turpitude, during the previous 5 years as shown by a
| ||
certified copy of the record of the court of conviction.
| ||
(3) Personnel is insufficient in number or unqualified | ||
by
training or experience to properly care for the number | ||
and
type of residents served by the facility.
| ||
(4) Financial or other resources are insufficient to |
conduct
and operate the facility in accordance with | ||
standards promulgated by the
Department under this Act.
| ||
(5) The facility is not under the direct supervision of | ||
a full-time
administrator, as defined by regulation, who is | ||
licensed, if required,
under the Nursing Home | ||
Administrators Licensing and Disciplinary Act.
| ||
(6) The facility has committed 2 Type "AA" violations | ||
within a 2-year period. | ||
(b) Notice under this Section shall include a clear and | ||
concise
statement of the violations on which the nonrenewal or | ||
revocation is
based, the statute or rule violated and notice of | ||
the opportunity for a
hearing under Section 3-703.
| ||
(c) If a facility desires to contest the nonrenewal or | ||
revocation of
a license, the facility shall, within 10 days | ||
after receipt of notice
under subsection (b) of this Section, | ||
notify the Department in writing
of its request for a hearing | ||
under Section 3-703. Upon receipt of the
request the Department | ||
shall send notice to the facility and hold a
hearing as | ||
provided under Section 3-703.
| ||
(d) The effective date of nonrenewal or revocation of a | ||
license by
the Department shall be any of the following:
| ||
(1) Until otherwise ordered by the circuit court, | ||
revocation is
effective on the date set by the Department | ||
in the notice of revocation,
or upon final action after | ||
hearing under Section 3-703, whichever is later.
| ||
(2) Until otherwise ordered by the circuit court, |
nonrenewal is
effective on the date of expiration of any | ||
existing license, or upon
final action after hearing under | ||
Section 3-703, whichever is later; however,
a license shall | ||
not be deemed to have expired if the Department fails to
| ||
timely respond to a timely request for renewal under this | ||
Act or for a hearing
to contest nonrenewal under paragraph | ||
(c).
| ||
(3) The Department may extend the effective date of | ||
license
revocation or expiration in any case in order to | ||
permit orderly removal
and relocation of residents.
| ||
The Department may refuse to issue or may suspend the
| ||
license of any person who fails to file a return, or to pay the | ||
tax,
penalty or interest shown in a filed return, or to pay any | ||
final assessment
of tax, penalty or interest, as required by | ||
any tax Act administered by the
Illinois Department of Revenue, | ||
until such time as the requirements of any
such tax Act are | ||
satisfied.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(210 ILCS 45/3-120 new) | ||
Sec. 3-120. Certification of behavioral management units. | ||
(a) No later than January 1, 2011, the Department shall | ||
file with the Joint Committee on Administrative Rules, pursuant | ||
to the Illinois Administrative Procedure Act, proposed rules or | ||
proposed amendments to existing rules to certify distinct | ||
self-contained units within existing nursing homes for the |
behavioral management of persons with a high risk of | ||
aggression. The purpose of the certification program is to | ||
ensure that the safety of residents, employees, and the public | ||
is preserved. | ||
(b) The Department's rules shall, at a minimum, provide for | ||
the following: | ||
(1) A security and safety assessment, completed before | ||
admission to a certified unit if an Identified Offender | ||
Report and Recommendation or other criminal risk analysis | ||
has not been completed, to identify existing or potential | ||
residents at risk of committing violent acts and determine | ||
appropriate preventive action to be taken. The assessment | ||
shall include, but need not be limited to, (i) a measure of | ||
the frequency of, (ii) an identification of the | ||
precipitating factors for, and (iii) the consequences of, | ||
violent acts. The security and safety assessment shall be | ||
in addition to any risk-of-harm assessment performed by a | ||
PAS screener, but may use the results of this or any other | ||
assessment. The security and safety assessment shall be | ||
completed by the same licensed forensic psychologist who | ||
prepares Identified Offender Reports and Recommendations | ||
for identified offenders. | ||
(2) Development of an individualized treatment and | ||
behavior management plan for each resident to reduce | ||
overall and specific risks. | ||
(3) Room selection and appropriateness of roommate |
assignment. | ||
(4) Protection of residents, employees, and members of | ||
the public from aggression by residents. | ||
(5) Supervision and monitoring. | ||
(6) Staffing levels. | ||
(7) Quality assurance and improvement. | ||
(8) Staff training, conducted during orientation and | ||
periodically thereafter, specific to each job description | ||
covering the following topics as appropriate: | ||
(A) The violence escalation cycle. | ||
(B) Violence predicting factors. | ||
(C) Obtaining a history from a resident with a | ||
history of violent behavior. | ||
(D) Verbal and physical techniques to de-escalate | ||
and minimize violent behavior. | ||
(E) Strategies to avoid physical harm. | ||
(F) Containment techniques, as permitted and | ||
governed by law. | ||
(G) Appropriate treatment to reduce violent | ||
behavior. | ||
(H) Documenting and reporting incidents of | ||
violence. | ||
(I) The process whereby employees affected by a | ||
violent act may be debriefed or calmed down and the | ||
tension of the situation may be reduced. | ||
(J) Any resources available to employees for |
coping with violence. | ||
(K) Any other topic deemed appropriate based on job | ||
description and the needs of this population. | ||
(9) Elimination or reduction of environmental factors | ||
that affect resident safety. | ||
(10) Periodic independent reassessment of the | ||
individual resident for appropriateness of continued | ||
placement on the certified unit. For the purposes of this | ||
paragraph (10), "independent" means that no professional | ||
or financial relationship exists between any person making | ||
the assessment and any community provider or long term care | ||
facility. | ||
(11) A definition of a "person with high risk of | ||
aggression". | ||
The Department shall develop the administrative rules | ||
under this subsection (b) in collaboration with other relevant | ||
State agencies and in consultation with (i) advocates for | ||
residents, (ii) providers of nursing home services, and (iii) | ||
labor and employee-representation organizations. | ||
(c) A long term care facility found to be out of compliance | ||
with the certification requirements under Section 3-120 may be | ||
subject to denial, revocation, or suspension of the behavioral | ||
management unit certification or the imposition of sanctions | ||
and penalties, including the immediate suspension of new | ||
admissions. Hearings shall be conducted pursuant to Part 7 of | ||
Article III of this Act. |
(d) The Department shall establish a certification fee | ||
schedule by rule, in consultation with advocates, nursing | ||
homes, and representatives of associations representing long | ||
term care facilities. | ||
(210 ILCS 45/3-202.05 new) | ||
Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | ||
thereafter. | ||
(a) For the purpose of computing staff to resident ratios, | ||
direct care staff shall include: | ||
(1) registered nurses; | ||
(2) licensed practical nurses; | ||
(3) certified nurse assistants; | ||
(4) psychiatric services rehabilitation aides; | ||
(5) rehabilitation and therapy aides; | ||
(6) psychiatric services rehabilitation coordinators; | ||
(7) assistant directors of nursing; | ||
(8) 50% of the Director of Nurses' time; and | ||
(9) 30% of the Social Services Directors' time. | ||
The Department shall, by rule, allow certain facilities | ||
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | ||
S) and 300.6000 and following (Subpart T) to utilize | ||
specialized clinical staff, as defined in rules, to count | ||
towards the staffing ratios. | ||
(b) Beginning July 1, 2011, and thereafter, light | ||
intermediate care shall be staffed at the same staffing ratio |
as intermediate care. | ||
(c) Facilities shall notify the Department within 60 days | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly, in a form and manner prescribed by the | ||
Department, of the staffing ratios in effect on the effective | ||
date of this amendatory Act of the 96th General Assembly for | ||
both intermediate and skilled care and the number of residents | ||
receiving each level of care. | ||
(d)(1) Effective July 1, 2010, for each resident needing | ||
skilled care, a minimum staffing ratio of 2.5 hours of nursing | ||
and personal care each day must be provided; for each resident | ||
needing intermediate care, 1.7 hours of nursing and personal | ||
care each day must be provided. | ||
(2) Effective January 1, 2011, the minimum staffing | ||
ratios shall be increased to 2.7 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 1.9 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(3) Effective January 1, 2012, the minimum staffing | ||
ratios shall be increased to 3.0 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 2.1 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(4) Effective January 1, 2013, the minimum staffing | ||
ratios shall be increased to 3.4 hours of nursing and | ||
personal care each day for a resident needing skilled care |
and 2.3 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(5) Effective January 1, 2014, the minimum staffing | ||
ratios shall be increased to 3.8 hours of nursing and | ||
personal care each day for a resident needing skilled care | ||
and 2.5 hours of nursing and personal care each day for a | ||
resident needing intermediate care. | ||
(210 ILCS 45/3-202.2a new) | ||
Sec. 3-202.2a. Comprehensive resident care plan. A | ||
facility, with the participation of the resident and the | ||
resident's guardian or representative, as applicable, must | ||
develop and implement a comprehensive care plan for each | ||
resident that includes measurable objectives and timetables to | ||
meet the resident's medical, nursing, and mental and | ||
psychosocial needs that are identified in the resident's | ||
comprehensive assessment, which allow the resident to attain or | ||
maintain the highest practicable level of independent | ||
functioning, and provide for discharge planning to the least | ||
restrictive setting based on the resident's care needs. The | ||
assessment shall be developed with the active participation of | ||
the resident and the resident's guardian or representative, as | ||
applicable. | ||
(210 ILCS 45/3-202.2b new) | ||
Sec. 3-202.2b. Certification of psychiatric rehabilitation |
program. | ||
(a) No later than January 1, 2011, the Department shall | ||
file with the Joint Committee on Administrative Rules, pursuant | ||
to the Illinois Administrative Procedure Act, proposed rules or | ||
proposed amendments to existing rules to establish a special | ||
certification program for compliance with 77 Ill. Admin. Code | ||
300.4000 and following (Subpart S), which provides for | ||
psychiatric rehabilitation services that are required to be | ||
offered by a long term care facility licensed under this Act | ||
that serves residents with serious mental illness. Compliance | ||
with standards promulgated pursuant to this Section must be | ||
demonstrated before a long term care facility licensed under | ||
this Act is eligible to become certified under this Section and | ||
annually thereafter. | ||
(b) No long term care facility shall establish, operate, | ||
maintain, or offer psychiatric rehabilitation services, or | ||
admit, retain, or seek referrals of a resident with a serious | ||
mental illness diagnosis, unless and until a valid | ||
certification, which remains unsuspended, unrevoked, and | ||
unexpired, has been issued. | ||
(c) A facility that currently serves a resident with | ||
serious mental illness may continue to admit such residents | ||
until the Department performs a certification review and | ||
determines that the facility does not meet the requirements for | ||
certification. The Department, at its discretion, may provide | ||
an additional 90-day period for the facility to meet the |
requirements for certification if it finds that the facility | ||
has made a good faith effort to comply with all certification | ||
requirements and will achieve total compliance with the | ||
requirements before the end of the 90-day period. The facility | ||
shall be prohibited from admitting residents with serious | ||
mental illness until the Department certifies the facility to | ||
be in compliance with the requirements of this Section. | ||
(d) A facility currently serving residents with serious | ||
mental illness that elects to terminate provision of services | ||
to this population must immediately notify the Department of | ||
its intent, cease to admit new residents with serious mental | ||
illness, and give notice to all existing residents with serious | ||
mental illness of their impending discharge. These residents | ||
shall be accorded all rights and assistance provided to a | ||
resident being involuntarily discharged and those provided | ||
under Section 2-201.5. The facility shall continue to adhere to | ||
all requirements of 77 Ill. Admin. Code 300.4000 until all | ||
residents with serious mental illness have been discharged. | ||
(e) A long term care facility found to be out of compliance | ||
with the certification requirements under this Section may be | ||
subject to denial, revocation, or suspension of the psychiatric | ||
rehabilitation services certification or the imposition of | ||
sanctions and penalties, including the immediate suspension of | ||
new admissions. Hearings shall be conducted pursuant to Article | ||
III, Part 7 of this Act. | ||
(f) The Department shall indicate, on its list of licensed |
long term care facilities, which facilities are certified under | ||
this Section and shall distribute this list to the appropriate | ||
State agencies charged with administering and implementing the | ||
State's program of pre-admission screening and resident | ||
review, hospital discharge planners, Area Agencies on Aging, | ||
Case Coordination Units, and others upon request. | ||
(g) No public official, agent, or employee of the State, or | ||
any subcontractor of the State, may refer or arrange for the | ||
placement of a person with serious mental illness in a long | ||
term care facility that is not certified under this Section. No | ||
public official, agent, or employee of the State, or any | ||
subcontractor of the State, may place the name of a long term | ||
care facility on a list of facilities serving the seriously | ||
mentally ill for distribution to the general public or to | ||
professionals arranging for placements or making referrals | ||
unless the facility is certified under this Section. | ||
(h) Certification requirements. The Department shall | ||
establish requirements for certification that augment current | ||
quality of care standards for long term care facilities serving | ||
residents with serious mental illness, which shall include | ||
admission, discharge planning, psychiatric rehabilitation | ||
services, development of age-group appropriate treatment plan | ||
goals and services, behavior management services, coordination | ||
with community mental health services, staff qualifications | ||
and training, clinical consultation, resident access to the | ||
outside community, and appropriate environment and space for |
resident programs, recreation, privacy, and any other issue | ||
deemed appropriate by the Department. The augmented standards | ||
shall at a minimum include, but need not be limited to, the | ||
following: | ||
(1) Staff sufficient in number and qualifications | ||
necessary to meet the scheduled and unscheduled needs of | ||
the residents on a 24-hour basis. The Department shall | ||
establish by rule the minimum number of psychiatric | ||
services rehabilitation coordinators in relation to the | ||
number of residents with serious mental illness residing in | ||
the facility. | ||
(2) The number and qualifications of consultants | ||
required to be contracted with to provide continuing | ||
education and training, and to assist with program | ||
development. | ||
(3) Training for all new employees specific to the care | ||
needs of residents with a serious mental illness diagnosis | ||
during their orientation period and annually thereafter. | ||
Training shall be independent of the Department and | ||
overseen by an agency designated by the Governor to | ||
determine the content of all facility employee training and | ||
to provide training for all trainers of facility employees. | ||
Training of employees shall at minimum include, but need | ||
not be limited to, (i) the impact of a serious mental | ||
illness diagnosis, (ii) the recovery paradigm and the role | ||
of psychiatric rehabilitation, (iii) preventive strategies |
for managing aggression and crisis prevention, (iv) basic | ||
psychiatric rehabilitation techniques and service | ||
delivery, (v) resident rights, (vi) abuse prevention, | ||
(vii) appropriate interaction between staff and residents, | ||
and (viii) any other topic deemed by the Department to be | ||
important to ensuring quality of care. | ||
(4) Quality assessment and improvement requirements, | ||
in addition to those contained in this Act on the effective | ||
date of this amendatory Act of the 96th General Assembly, | ||
specific to a facility's residential psychiatric | ||
rehabilitation services, which shall be made available to | ||
the Department upon request. A facility shall be required | ||
at a minimum to develop and maintain policies and | ||
procedures that include, but need not be limited to, | ||
evaluation of the appropriateness of resident admissions | ||
based on the facility's capacity to meet specific needs, | ||
resident assessments, development and implementation of | ||
care plans, and discharge planning. | ||
(5) Room selection and appropriateness of roommate | ||
assignment. | ||
(6) Comprehensive quarterly review of all treatment | ||
plans for residents with serious mental illness by the | ||
resident's interdisciplinary team, which takes into | ||
account, at a minimum, the resident's progress, prior | ||
assessments, and treatment plan. | ||
(7) Substance abuse screening and management and |
documented referral relationships with certified substance | ||
abuse treatment providers. | ||
(8) Administration of psychotropic medications to a | ||
resident with serious mental illness who is incapable of | ||
giving informed consent, in compliance with the applicable | ||
provisions of the Mental Health and Developmental | ||
Disabilities Code. | ||
(i) The Department shall establish a certification fee | ||
schedule by rule, in consultation with advocates, nursing | ||
homes, and representatives of associations representing long | ||
term care facilities. | ||
(j) The Director or her or his designee shall seek input | ||
from the Long Term Care Facility Advisory Board before filing | ||
rules to implement this Section. | ||
Rules proposed no later than January 1, 2011 under this | ||
Section shall take effect 180 days after being approved by the | ||
Joint Committee on Administrative Rules.
| ||
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| ||
Sec. 3-206.
The Department shall prescribe a curriculum for | ||
training
nursing assistants, habilitation aides, and child | ||
care aides.
| ||
(a) No person, except a volunteer who receives no | ||
compensation from a
facility and is not included for the | ||
purpose of meeting any staffing
requirements set forth by the | ||
Department, shall act as a nursing assistant,
habilitation |
aide, or child care aide in a facility, nor shall any person, | ||
under any
other title, not licensed, certified, or registered | ||
to render medical care
by the Department of Professional | ||
Regulation, assist with the
personal, medical, or nursing care | ||
of residents in a facility, unless such
person meets the | ||
following requirements:
| ||
(1) Be at least 16 years of age, of temperate habits | ||
and good moral
character, honest, reliable and | ||
trustworthy . ;
| ||
(2) Be able to speak and understand the English | ||
language or a language
understood by a substantial | ||
percentage of the facility's residents . ;
| ||
(3) Provide evidence of employment or occupation, if | ||
any, and residence
for 2 years prior to his present | ||
employment . ;
| ||
(4) Have completed at least 8 years of grade school or | ||
provide proof of
equivalent knowledge . ;
| ||
(5) Begin a current course of training for nursing | ||
assistants,
habilitation aides, or child care aides, | ||
approved by the Department, within 45 days of initial
| ||
employment in the capacity of a nursing assistant, | ||
habilitation aide, or
child care aide
at any facility. Such | ||
courses of training shall be successfully completed
within | ||
120 days of initial employment in the capacity of nursing | ||
assistant,
habilitation aide, or child care aide at a | ||
facility. Nursing assistants, habilitation
aides, and |
child care aides who are enrolled in approved courses in | ||
community
colleges or other educational institutions on a | ||
term, semester or trimester
basis, shall be exempt from the | ||
120 day completion time limit. The
Department shall adopt | ||
rules for such courses of training.
These rules shall | ||
include procedures for facilities to
carry on an approved | ||
course of training within the facility.
| ||
The Department may accept comparable training in lieu | ||
of the 120 hour
course for student nurses, foreign nurses, | ||
military personnel, or employes of
the Department of Human | ||
Services.
| ||
The facility shall develop and implement procedures, | ||
which shall be
approved by the Department, for an ongoing | ||
review process, which shall take
place within the facility, | ||
for nursing assistants, habilitation aides, and
child care | ||
aides.
| ||
At the time of each regularly scheduled licensure | ||
survey, or at the time
of a complaint investigation, the | ||
Department may require any nursing
assistant, habilitation | ||
aide, or child care aide to demonstrate, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training. If such | ||
knowledge is inadequate the Department shall
require the | ||
nursing assistant, habilitation aide, or child care aide to | ||
complete inservice
training and review in the facility | ||
until the nursing assistant, habilitation
aide, or child |
care aide demonstrates to the Department, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training . ; and
| ||
(6) Be familiar with and have general skills related to | ||
resident care.
| ||
(a-0.5) An educational entity, other than a secondary | ||
school, conducting a
nursing assistant, habilitation aide, or | ||
child care aide
training program
shall initiate a UCIA criminal | ||
history record check in accordance with the Health Care Worker | ||
Background Check Act prior to entry of an
individual into the | ||
training program.
A secondary school may initiate a UCIA | ||
criminal history record check in accordance with the Health | ||
Care Worker Background Check Act at any time during or after | ||
prior to
the entry of an individual into a training program.
| ||
(a-1) Nursing assistants, habilitation aides, or child | ||
care aides seeking to be included on the registry maintained | ||
under Section 3-206.01 on or
after January 1, 1996 must | ||
authorize the Department of Public Health or its
designee that | ||
tests nursing assistants
to request a UCIA criminal history | ||
record check in accordance with the Health Care Worker | ||
Background Check Act and submit all necessary
information. An | ||
individual may not newly be included on the registry unless a | ||
criminal history record check has been conducted with respect | ||
to the individual.
| ||
(b) Persons subject to this Section shall perform their | ||
duties under the
supervision of a licensed nurse.
|
(c) It is unlawful for any facility to employ any person in | ||
the capacity
of nursing assistant, habilitation aide, or child | ||
care aide, or under any other title, not
licensed by the State | ||
of Illinois to assist in the personal, medical, or
nursing care | ||
of residents in such facility unless such person has complied
| ||
with this Section.
| ||
(d) Proof of compliance by each employee with the | ||
requirements set out
in this Section shall be maintained for | ||
each such employee by each facility
in the individual personnel | ||
folder of the employee. Proof of training shall be obtained | ||
only from the health care worker registry.
| ||
(e) Each facility shall obtain access to the health care | ||
worker registry's web application, maintain the employment and | ||
demographic information relating to certify to the Department | ||
on a form provided by
the Department the name and residence | ||
address of each employee, and verify by the category and type | ||
of employment that
each employee subject to this Section meets | ||
all the requirements of this
Section.
| ||
(f) Any facility that is operated under Section 3-803 shall | ||
be
exempt
from the requirements of this Section.
| ||
(g) Each skilled nursing and intermediate care facility | ||
that
admits
persons who are diagnosed as having Alzheimer's | ||
disease or related
dementias shall require all nursing | ||
assistants, habilitation aides, or child
care aides, who did | ||
not receive 12 hours of training in the care and
treatment of | ||
such residents during the training required under paragraph
(5) |
of subsection (a), to obtain 12 hours of in-house training in | ||
the care
and treatment of such residents. If the facility does | ||
not provide the
training in-house, the training shall be | ||
obtained from other facilities,
community colleges or other | ||
educational institutions that have a
recognized course for such | ||
training. The Department shall, by rule,
establish a recognized | ||
course for such training. The Department's rules shall provide | ||
that such
training may be conducted in-house at each facility | ||
subject to the
requirements of this subsection, in which case | ||
such training shall be
monitored by the Department.
| ||
The Department's rules shall also provide for | ||
circumstances and procedures
whereby any person who has | ||
received training that meets
the
requirements of this | ||
subsection shall not be required to undergo additional
training | ||
if he or she is transferred to or obtains employment at a
| ||
different facility or a facility other than a long-term care | ||
facility but remains continuously employed for pay as a nursing | ||
assistant,
habilitation aide, or child care aide. Individuals
| ||
who have performed no nursing or nursing-related services
for a | ||
period of 24 consecutive months shall be listed as "inactive"
| ||
and as such do not meet the requirements of this Section. | ||
Licensed sheltered care facilities
shall be
exempt from the | ||
requirements of this Section.
| ||
(Source: P.A. 91-598, eff. 1-1-00.)
| ||
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
|
Sec. 3-206.01. Health care worker registry.
| ||
(a) The Department shall establish and maintain a registry | ||
of all
individuals who (i) have satisfactorily completed the | ||
training required
by Section 3-206 , (ii) have begun a current | ||
course of training as set forth in Section 3-206, or (iii) are | ||
otherwise acting as a nursing assistant, habilitation aide, | ||
home health aide, psychiatric services rehabilitation aide, or | ||
child care aide . The registry shall include the individual's | ||
name of the nursing
assistant, habilitation aide, or child care | ||
aide , his or her
current address, Social Security number, and | ||
the date and location of
the training course completed by the | ||
individual, and whether the individual has any of the | ||
disqualifying convictions listed in Section 25 of the Health | ||
Care Worker Background Check Act from the date of the
| ||
individual's last criminal records check. Any individual | ||
placed on the
registry is required to inform the Department of | ||
any change of address
within 30 days. A facility shall not | ||
employ an individual as a nursing
assistant, habilitation aide, | ||
home health aide, psychiatric services rehabilitation aide, or | ||
child care aide , or newly hired as an individual who may have | ||
access to a resident, a resident's living quarters, or a | ||
resident's personal, financial, or medical records,
unless the | ||
facility has inquired of the Department's health care worker | ||
registry Department as to information in the
registry | ||
concerning the individual . The facility and shall not employ an | ||
individual as a nursing assistant, habilitation aide, or child |
care aide if that individual is anyone not on the
registry | ||
unless the individual is enrolled in a training program under
| ||
paragraph (5) of subsection (a) of Section 3-206 of this Act.
| ||
If the Department finds that a nursing assistant, | ||
habilitation aide, home health aide, psychiatric services | ||
rehabilitation aide, or
child care aide , or an unlicensed | ||
individual, has abused or neglected a resident or an individual | ||
under his or her care , neglected a resident, or misappropriated
| ||
resident property of a resident or an individual under his or | ||
her care in a facility , the Department shall notify the | ||
individual of
this finding by certified mail sent to the | ||
address contained in the registry. The notice shall give the | ||
individual an opportunity to contest the finding in a
hearing | ||
before the Department or to submit a written response to the | ||
findings
in lieu of requesting a hearing. If, after a hearing | ||
or if the individual does
not request a hearing, the Department | ||
finds that the individual abused a
resident, neglected a | ||
resident, or misappropriated resident property in a
facility, | ||
the finding shall be included as part of the registry as well | ||
as a clear and accurate summary
brief statement from the | ||
individual, if he or she chooses to make such a
statement. The | ||
Department shall make the following information in the registry | ||
available to
the public : an individual's full name; the date an | ||
individual successfully completed a nurse aide training or | ||
competency evaluation; and whether the Department has made a | ||
finding that an individual has been guilty of abuse or neglect |
of a resident or misappropriation of resident property . In the | ||
case of inquiries to the registry concerning an individual
| ||
listed in the registry, any information disclosed concerning | ||
such a finding
shall also include disclosure of the | ||
individual's any statement in the registry relating to the
| ||
finding or a clear and accurate summary of the statement.
| ||
(b) The Department shall add to the health care worker | ||
registry records
of findings as reported by the Inspector | ||
General or remove from
the health care worker registry records | ||
of findings as reported by the
Department of Human Services, | ||
under subsection (g-5) of Section 1-17 of the Department of | ||
Human Services Act.
| ||
(Source: P.A. 95-545, eff. 8-28-07.)
| ||
(210 ILCS 45/3-206.02) (from Ch. 111 1/2, par. 4153-206.02)
| ||
Sec. 3-206.02.
(a) The Department, after notice to the | ||
nursing assistant,
habilitation aide, home health aide, | ||
psychiatric services rehabilitation aide, or child care aide, | ||
may denote that the
Department has found any of the following:
| ||
(1) The nursing assistant, habilitation aide, home | ||
health aide, psychiatric services rehabilitation aide, or | ||
child care aide has abused a resident.
| ||
(2) The nursing assistant, habilitation aide, home | ||
health aide, psychiatric services rehabilitation aide, or | ||
child care aide has neglected a resident.
| ||
(3) The nursing assistant, habilitation aide, home |
health aide, psychiatric services rehabilitation aide, or | ||
child care aide has misappropriated resident property.
| ||
(4) The nursing assistant, habilitation aide, home | ||
health aide, psychiatric services rehabilitation aide, or | ||
child care aide has been convicted of (i) a felony, (ii) a
| ||
misdemeanor, an essential element of which is dishonesty, | ||
or (iii) any
crime that is directly related to the duties | ||
of a nursing assistant,
habilitation aide, or child care | ||
aide.
| ||
(b) Notice under this Section shall include a clear and | ||
concise
statement of the grounds denoting abuse, neglect, or | ||
theft and
notice of the opportunity for a hearing to contest | ||
the designation.
| ||
(c) The Department may denote any
nursing assistant, | ||
habilitation aide, home health aide, psychiatric services | ||
rehabilitation aide, or child care aide on the
registry who | ||
fails (i) to file a return, (ii) to pay the tax, penalty or
| ||
interest shown in a filed return, or (iii) to pay any final | ||
assessment of
tax, penalty or interest, as required by any tax | ||
Act administered by the
Illinois Department of Revenue, until | ||
the time the requirements of the tax
Act are satisfied.
| ||
(c-1) The Department shall document criminal background | ||
check results pursuant
to
the requirements of the Health Care | ||
Worker Background Check Act.
| ||
(d) At any time after the designation on
the
registry | ||
pursuant to subsection (a), (b), or (c) of this Section, a |
nursing
assistant,
habilitation aide, home health aide, | ||
psychiatric services rehabilitation aide, or child care aide | ||
may petition the
Department for
removal of a designation of | ||
neglect on the registry. The Department
may
remove the | ||
designation of neglect of the nursing assistant,
habilitation | ||
aide, home health aide, psychiatric services rehabilitation | ||
aide, or
child care aide on the registry unless, after an | ||
investigation
and a
hearing, the Department determines that | ||
removal of designation is not in the public interest.
| ||
(Source: P.A. 91-598, eff. 1-1-00.)
| ||
(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
| ||
Sec. 3-212. Inspection.
| ||
(a) The Department, whenever it deems necessary in
| ||
accordance with subsection (b), shall inspect, survey and | ||
evaluate every
facility to determine compliance with | ||
applicable licensure requirements and
standards. Submission of | ||
a facility's current Consumer Choice Information Report | ||
required by Section 2-214 shall be verified at time of | ||
inspection. An inspection should occur within 120 days prior
to | ||
license renewal. The Department may periodically visit a | ||
facility for the
purpose of consultation. An inspection, | ||
survey, or evaluation, other than
an inspection of financial | ||
records, shall be conducted without prior notice
to the | ||
facility. A visit for the sole purpose of consultation may be
| ||
announced.
The Department shall provide training to surveyors |
about the appropriate
assessment, care planning, and care of | ||
persons with mental illness (other than
Alzheimer's disease or | ||
related disorders) to enable its surveyors to
determine whether | ||
a facility is complying with State and federal requirements
| ||
about the assessment, care planning, and care of those persons.
| ||
(a-1) An employee of a State or unit of local government | ||
agency
charged with inspecting, surveying, and evaluating | ||
facilities who directly
or indirectly gives prior notice of an | ||
inspection, survey, or evaluation,
other than an inspection of | ||
financial records, to a facility or to an
employee of a | ||
facility is guilty of a Class A misdemeanor.
| ||
An inspector or an employee of the Department who | ||
intentionally prenotifies
a facility,
orally or in writing, of | ||
a pending complaint investigation or inspection shall
be guilty | ||
of a Class A misdemeanor.
Superiors of persons who have | ||
prenotified a facility shall be subject to the
same penalties, | ||
if they have knowingly allowed the prenotification. A person
| ||
found guilty of prenotifying a facility shall be subject to | ||
disciplinary action
by his or her employer.
| ||
If the Department has a good faith belief, based upon | ||
information that comes
to its attention, that a violation of | ||
this subsection has occurred, it must
file a complaint with the | ||
Attorney General or the State's Attorney in the
county where | ||
the violation
took place within 30 days after discovery of the | ||
information.
| ||
(a-2) An employee of a State or unit of local government |
agency charged with
inspecting, surveying, or evaluating | ||
facilities who willfully profits from
violating the | ||
confidentiality of the inspection, survey, or evaluation
| ||
process shall be guilty of a Class 4 felony and that conduct | ||
shall be deemed
unprofessional conduct that may subject a | ||
person to loss of his or her
professional license. An action to | ||
prosecute a person for violating this
subsection (a-2) may be | ||
brought by either the Attorney General or the State's
Attorney | ||
in the county where the violation took place.
| ||
(b) In determining whether to make more than the required | ||
number of
unannounced inspections, surveys and evaluations of a | ||
facility the
Department shall consider one or more of the | ||
following: previous inspection
reports; the facility's history | ||
of compliance with standards, rules and
regulations | ||
promulgated under this Act and correction of violations,
| ||
penalties or other enforcement actions; the number and severity | ||
of
complaints received about the facility; any allegations of | ||
resident abuse
or neglect; weather conditions; health | ||
emergencies; other reasonable belief
that deficiencies exist.
| ||
(b-1) The Department shall not be required to determine | ||
whether a
facility certified to participate in the Medicare | ||
program under Title XVIII of
the Social Security Act, or the | ||
Medicaid program under Title XIX of the Social
Security Act, | ||
and which the Department determines by inspection under this
| ||
Section or under Section 3-702 of this Act to be in compliance | ||
with the
certification requirements of Title XVIII or XIX, is |
in compliance with any
requirement of this Act that is less | ||
stringent than or duplicates a federal
certification | ||
requirement. In accordance with subsection (a) of this Section
| ||
or subsection (d) of Section 3-702, the Department shall | ||
determine whether a
certified facility is in
compliance with | ||
requirements of this Act that exceed federal certification
| ||
requirements. If a certified facility is found to be out of | ||
compliance with
federal certification requirements, the | ||
results of an inspection conducted
pursuant to Title XVIII or | ||
XIX of the Social Security Act may be used as the
basis for | ||
enforcement remedies authorized and commenced , with the | ||
Department's discretion to evaluate whether penalties are | ||
warranted, under this Act.
Enforcement of this Act against a | ||
certified facility shall be commenced
pursuant to the | ||
requirements of this Act, unless enforcement remedies sought
| ||
pursuant to Title XVIII or XIX of the Social Security Act | ||
exceed those
authorized by this Act. As used in this | ||
subsection, "enforcement remedy"
means a sanction for | ||
violating a federal certification requirement or this
Act.
| ||
(c) Upon completion of each inspection, survey and | ||
evaluation, the
appropriate Department personnel who conducted | ||
the inspection, survey or
evaluation shall submit a copy of | ||
their report to the licensee upon exiting
the facility, and | ||
shall submit the actual report to the appropriate
regional | ||
office of the Department. Such report and any recommendations | ||
for
action by the Department under this Act shall be |
transmitted to the
appropriate offices of the associate | ||
director of the Department, together
with related comments or | ||
documentation provided by the licensee which may
refute | ||
findings in the report, which explain extenuating | ||
circumstances that
the facility could not reasonably have | ||
prevented, or which indicate methods
and timetables for | ||
correction of deficiencies described in the report.
Without | ||
affecting the application of subsection (a) of Section 3-303, | ||
any
documentation or comments of the licensee shall be provided | ||
within 10
days of receipt of the copy of the report. Such | ||
report shall recommend to
the Director appropriate action under | ||
this Act with respect to findings
against a facility. The | ||
Director shall then determine whether the report's
findings | ||
constitute a violation or violations of which the facility must | ||
be
given notice. Such determination shall be based upon the | ||
severity of the
finding, the danger posed to resident health | ||
and safety, the comments and
documentation provided by the | ||
facility, the diligence and efforts to
correct deficiencies, | ||
correction of the reported deficiencies, the
frequency and | ||
duration of similar findings in previous reports and the
| ||
facility's general inspection history. Violations shall be | ||
determined
under this subsection no later than 90 60 days after | ||
completion of each
inspection, survey and evaluation.
| ||
(d) The Department shall maintain all inspection, survey | ||
and evaluation
reports for at least 5 years in a manner | ||
accessible to and understandable
by the public.
|
(e) Revisit surveys. The Department shall conduct a revisit | ||
to its licensure and certification surveys, consistent with | ||
federal regulations and guidelines. | ||
(Source: P.A. 95-823, eff. 1-1-09.)
| ||
(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 "AA" violation or 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.
| ||
(Source: P.A. 85-1378.)
| ||
(210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2)
| ||
Sec. 3-303.2.
(a) If the Department finds a situation, |
condition or
practice which violates this Act or any rule | ||
promulgated thereunder which
does not constitute a Type "AA", | ||
Type "A", Type "B", or Type "C" violation directly threaten the | ||
health, safety or welfare of a resident , the
Department shall | ||
issue an administrative warning. Any administrative
warning | ||
shall be served upon the facility in the same manner as the | ||
notice
of violation under Section 3-301. The facility shall be | ||
responsible for
correcting the situation, condition or | ||
practice; however, no written plan
of correction need be | ||
submitted for an administrative warning, except for
violations | ||
of Sections 3-401 through 3-413 or the rules promulgated
| ||
thereunder. A written plan of correction is required to be | ||
filed for an
administrative warning issued for violations of | ||
Sections 3-401 through
3-413 or the rules promulgated | ||
thereunder.
| ||
(b) If, however, the situation, condition or practice which | ||
resulted in
the issuance of an administrative warning, with the | ||
exception of
administrative warnings issued pursuant to | ||
Sections 3-401 through 3-413 or
the rules promulgated | ||
thereunder, is not corrected by the next
on-site inspection by | ||
the Department which occurs no earlier than 90 days
from the | ||
issuance of the administrative warning, a written plan of
| ||
correction must be submitted in the same manner as provided in | ||
subsection
(b) of Section 3-303.
| ||
(Source: P.A. 87-549.)
|
(210 ILCS 45/3-304.1) | ||
Sec. 3-304.1. Public computer access to information. | ||
(a) The Department must make information regarding nursing | ||
homes in the
State
available to the public in electronic form | ||
on the World Wide Web, including all
of the
following | ||
information: | ||
(1) who regulates nursing homes; | ||
(2) information in the possession of the Department | ||
that is listed in
Sections 3-210 and 3-304; | ||
(3) deficiencies and plans of correction; | ||
(4) enforcement remedies; | ||
(5) penalty letters; | ||
(6) designation of penalty monies; | ||
(7) the U.S. Department of Health and Human Services' | ||
Health Care
Financing Administration special projects or | ||
federally required inspections; | ||
(8) advisory standards; | ||
(9) deficiency-free surveys; and | ||
(10) enforcement actions and enforcement summaries ; | ||
and . | ||
(11) distressed facilities. | ||
(b) No fee or other charge may be imposed by the Department | ||
as a condition
of accessing the information. | ||
(c) The electronic public access provided through the World | ||
Wide Web shall
be
in addition to any other electronic or print | ||
distribution of the information. |
(d) The information shall be made available as provided in | ||
this Section in
the
shortest practicable time after it is | ||
publicly available in any other form. | ||
(Source: P.A. 91-290, eff. 1-1-00.) | ||
(210 ILCS 45/3-304.2 new) | ||
Sec. 3-304.2. Designation of distressed facilities. | ||
(a) By May 1, 2011, and quarterly thereafter, the | ||
Department shall generate and publish quarterly a
list of | ||
distressed facilities. Criteria for inclusion of certified | ||
facilities on the list shall be those used by the U.S. General | ||
Accounting Office in report 9-689, until such time as the | ||
Department by rule modifies the criteria. | ||
(b) In deciding whether and how to modify the criteria used | ||
by the General Accounting Office, the Department shall complete | ||
a test run of any substitute criteria to determine their | ||
reliability by comparing the number of facilities identified as | ||
distressed against the number of distressed facilities | ||
generated using the criteria contained in the General | ||
Accounting Office report. The Department may not adopt | ||
substitute criteria that generate fewer facilities with a | ||
distressed designation than are produced by the General | ||
Accounting Office criteria during the test run. | ||
(c) The Department shall, by rule, adopt criteria to | ||
identify non-Medicaid-certified facilities that are distressed | ||
and shall publish this list quarterly beginning October 1, |
2011. | ||
(d) The Department shall notify each facility of its | ||
distressed designation, and of the calculation on
which it is | ||
based. | ||
(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 or | ||
a temporary manager in the facility, depending
on the | ||
Department's assessment of the condition of the facility. | ||
(f) Independent consultant. 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) Monitor and temporary managers. A distressed facility | ||
that does not contract with a consultant shall be assigned a | ||
monitor or a temporary manager at the Department's discretion. | ||
The cost of the temporary manager shall be paid by the | ||
facility. The temporary manager shall have the authority | ||
determined by the Department, which may grant the temporary | ||
manager any or all of the authority a court may grant a | ||
receiver. The temporary manager may apply to the Equity in | ||
Long-term Care Quality Fund for grant funds to implement the | ||
plan of improvement. | ||
(g) The Department shall by rule establish a mentor program | ||
for owners of distressed 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 the owner of a facility on the distressed list from | ||
acquiring additional skilled nursing facilities.
| ||
(210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
| ||
Sec. 3-305.
The license of a facility which is in violation | ||
of this Act
or any rule adopted thereunder may be subject to | ||
the penalties or fines
levied by the Department as specified in | ||
this Section.
| ||
(1) A Unless a greater penalty or fine is allowed under | ||
subsection
(3), a licensee who commits a Type "AA" "A" | ||
violation as defined in Section 1-128.5
1-129 is automatically | ||
issued a conditional license for a period of 6 months
to | ||
coincide with an acceptable plan of correction and assessed a | ||
fine up to $25,000 per violation
computed at a rate of $5.00 |
per resident in the facility plus 20 cents per
resident for | ||
each day of the violation, commencing on the date a notice of
| ||
the violation is served under Section 3-301 and ending on the | ||
date the
violation is corrected, or a fine of not less than | ||
$5,000, or when death,
serious mental or physical harm, | ||
permanent disability, or disfigurement
results, a fine of not | ||
less than $10,000, whichever is greater .
| ||
(1.5) A licensee who commits a Type "A" violation as | ||
defined in Section 1-129 is automatically issued a conditional | ||
license for a period of 6 months to coincide with an acceptable | ||
plan of correction and assessed a fine of up to $12,500 per | ||
violation. | ||
(2) A licensee who commits a Type "B" violation as defined | ||
in Section 1-130 shall be assessed a fine of up to $1,100 per | ||
violation or who is issued an
administrative warning for a | ||
violation of Sections 3-401 through 3-413 or
the rules | ||
promulgated thereunder is subject to a penalty
computed at a | ||
rate of $3 per resident in the facility, plus 15 cents per
| ||
resident for each day of the violation, commencing on the date | ||
a notice
of the violation is served under Section 3-301 and | ||
ending on the date the
violation is corrected, or a fine not | ||
less than $500, whichever is greater.
Such fine shall be | ||
assessed on the date of notice of the violation and shall
be | ||
suspended for violations that continue after such date upon | ||
completion
of a plan of correction in accordance with Section | ||
3-308 in relation to
the assessment of fines and correction. |
Failure to correct such violation
within the time period | ||
approved under a plan of correction shall result in
a fine and | ||
conditional license as provided under subsection (5) .
| ||
(2.5) A licensee who commits 10 or more Type "C" | ||
violations, as defined in Section 1-132, in a single survey | ||
shall be assessed a fine of up to $250 per violation. A | ||
licensee who commits one or more Type "C" violations with a | ||
high risk designation, as defined by rule, shall be assessed a | ||
fine of up to $500 per violation. | ||
(3) A licensee who commits a Type "AA" or Type "A" | ||
violation as defined in Section 1-128.5 or
1-129 which | ||
continues beyond the time specified in paragraph (a) of Section
| ||
3-303 which is cited as a repeat violation shall have its | ||
license revoked
and shall be assessed a fine of 3 times the | ||
fine computed per resident per
day under subsection (1).
| ||
(4) A licensee who fails to satisfactorily comply with an | ||
accepted
plan of correction for a Type "B" violation or an | ||
administrative warning
issued pursuant to Sections 3-401 | ||
through 3-413 or the rules promulgated
thereunder shall be | ||
automatically issued a conditional license for a period
of not | ||
less than 6 months. A second or subsequent acceptable plan of
| ||
correction shall be filed. A fine shall be assessed in | ||
accordance with
subsection (2) when cited for the repeat | ||
violation. This fine shall be
computed for all days of the | ||
violation, including the duration of the first
plan of | ||
correction compliance time.
|
(5) For the purpose of computing a penalty under | ||
subsections (2) through
(4), the number of residents per day | ||
shall be based on the average number
of residents in the | ||
facility during the 30 days preceding the discovery
of the | ||
violation.
| ||
(6) When the Department finds that a provision of Article | ||
II has been
violated with regard to a particular resident, the | ||
Department shall issue
an order requiring the facility to | ||
reimburse the resident for injuries
incurred, or $100, | ||
whichever is greater. In the case of a violation
involving any | ||
action other than theft of money belonging to a resident,
| ||
reimbursement shall be ordered only if a provision of Article | ||
II has been
violated with regard to that or any other resident | ||
of the facility within
the 2 years immediately preceding the | ||
violation in question.
| ||
(7) For purposes of assessing fines under this Section, a | ||
repeat
violation shall be a violation which has been cited | ||
during one inspection
of the facility for which an accepted | ||
plan of correction was not complied
with or . A repeat violation | ||
shall not be a new citation of the same rule if ,
unless the | ||
licensee is not substantially addressing the issue routinely
| ||
throughout the facility.
| ||
(7.5) If an occurrence results in more than one type of | ||
violation as defined in this Act (that is, a Type "AA", Type | ||
"A", Type "B", or Type "C" violation), the maximum fine that | ||
may be assessed for that occurrence is the maximum fine that |
may be assessed for the most serious type of violation charged. | ||
For purposes of the preceding sentence, a Type "AA" violation | ||
is the most serious type of violation that may be charged, | ||
followed by a Type "A", Type "B", or Type "C" violation, in | ||
that order. | ||
(8) The minimum and maximum fines that may be assessed | ||
pursuant to this Section shall be twice those otherwise | ||
specified for any facility that willfully makes a misstatement | ||
of fact to the Department, or willfully fails to make a | ||
required notification to the Department, if that misstatement | ||
or failure delays the start of a surveyor or impedes a survey. | ||
(9) High risk designation. If the Department finds that a | ||
facility has violated a provision of the Illinois | ||
Administrative Code that has a high risk designation, or that a | ||
facility has violated the same provision of the Illinois | ||
Administrative Code 3 or more times in the previous 12 months, | ||
the Department may assess a fine of up to 2 times the maximum | ||
fine otherwise allowed. | ||
(10) If a licensee has paid a civil monetary penalty | ||
imposed pursuant to the Medicare and Medicaid Certification | ||
Program for the equivalent federal violation giving rise to a | ||
fine under this Section, the Department shall offset the fine | ||
by the amount of the civil monetary penalty. The offset may not | ||
reduce the fine by more than 75% of the original fine, however. | ||
(Source: P.A. 86-407; 87-549; 87-1056.)
|
(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
| ||
Sec. 3-306.
In determining whether a penalty is to be | ||
imposed and in determining fixing
the amount of the penalty to | ||
be imposed, if any, for a violation,
the Director shall | ||
consider the following factors:
| ||
(1) The gravity of the violation, including the probability | ||
that death
or serious physical or mental harm to a resident | ||
will result or has resulted;
the severity of the actual or | ||
potential harm, and the extent to which the
provisions of the | ||
applicable statutes or regulations were violated;
| ||
(2) The reasonable diligence exercised by the licensee and | ||
efforts to
correct violations.
| ||
(3) Any previous violations committed by the licensee; and
| ||
(4) The financial benefit to the facility of committing or | ||
continuing the violation.
| ||
(Source: P.A. 81-223.)
| ||
(210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309)
| ||
Sec. 3-309.
A facility may contest an assessment of a | ||
penalty by sending
a written request to the Department for | ||
hearing under Section 3-703. Upon
receipt of the request the | ||
Department shall hold a hearing as provided under
Section | ||
3-703. Instead of requesting a hearing pursuant to Section | ||
3-703, a facility may, within 10 business days after receipt of | ||
the notice of violation and fine assessment, transmit to the | ||
Department (i) 65% of the amount assessed for each violation |
specified in the penalty assessment or (ii) in the case of a | ||
fine subject to offset under paragraph (10) of Section 3-305, | ||
up to 75% of the amount assessed.
| ||
(Source: P.A. 81-223.)
| ||
(210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
| ||
Sec. 3-310.
All penalties shall be paid to the Department | ||
within 10 days
of receipt of notice of assessment or, if the | ||
penalty is contested under
Section 3-309, within 10 days of | ||
receipt of the final decision, unless the
decision is appealed | ||
and the order is stayed by court order under Section
3-713. A | ||
facility choosing to waive the right to a hearing under Section | ||
3-309 shall submit a payment totaling 65% of the original fine | ||
amount along with the written waiver. A penalty assessed under | ||
this Act shall be collected by the
Department and shall be | ||
deposited with the State Treasurer into the Long
Term Care | ||
Monitor/Receiver Fund. If the person or facility against whom a
| ||
penalty has been assessed does not comply with a written demand | ||
for payment
within 30 days, the Director shall issue an order | ||
to do any of the following:
| ||
(1) Direct the State Treasurer or Comptroller to deduct | ||
the amount of the fine from
amounts otherwise due from the | ||
State for the penalty , including any payments to be made | ||
from the Medicaid Long Term Care Provider Participation Fee | ||
Trust Fund established under Section 5-4.31 of the Illinois | ||
Public Aid Code, and remit that amount
to the Department;
|
(2) Add the amount of the penalty to the facility's | ||
licensing fee; if
the licensee refuses to make the payment | ||
at the time of application for
renewal of its license, the | ||
license shall not be renewed; or
| ||
(3) Bring an action in circuit court to recover the | ||
amount of the penalty.
| ||
With the approval of the federal centers for Medicaid and | ||
Medicare
services,
the Director of Public Health shall set | ||
aside 50% of the federal civil monetary
penalties collected | ||
each year to be used to
award
grants under the Equity | ||
Innovations in Long-term Care Quality Grants
Act.
| ||
(Source: P.A. 92-784, eff. 8-6-02.)
| ||
(210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)
| ||
Sec. 3-318. (a) No person shall:
| ||
(1) Intentionally fail to correct or interfere with the | ||
correction of
a Type "AA", Type "A" , or Type "B" violation | ||
within the time specified on the notice or
approved plan of | ||
correction under this Act as the maximum period given for
| ||
correction, unless an extension is granted and the corrections | ||
are made
before expiration of extension;
| ||
(2) Intentionally prevent, interfere with, or attempt to | ||
impede in any
way any duly authorized investigation and | ||
enforcement of this Act;
| ||
(3) Intentionally prevent or attempt to prevent any | ||
examination of
any relevant books or records pertinent to |
investigations
and enforcement of this Act;
| ||
(4) Intentionally prevent or interfere with the | ||
preservation of
evidence pertaining to any violation of this | ||
Act or the rules
promulgated under this Act;
| ||
(5) Intentionally retaliate or discriminate against any | ||
resident or
employee for contacting or providing information to | ||
any state official, or
for initiating, participating in, or | ||
testifying in an action for any remedy
authorized under this | ||
Act;
| ||
(6) Wilfully file any false, incomplete or intentionally | ||
misleading
information required to be filed under this Act, or | ||
wilfully fail or refuse
to file any required information; or
| ||
(7) Open or operate a facility without a license.
| ||
(b) A violation of this Section is a business offense, | ||
punishable by a
fine not to exceed $10,000, except as otherwise | ||
provided in subsection (2)
of Section 3-103 as to submission of | ||
false or misleading information in
a license application.
| ||
(c) The State's Attorney of the county in which the | ||
facility is
located, or the Attorney General, shall be notified | ||
by the Director
of any violations of this Section.
| ||
(Source: P.A. 83-1530.)
| ||
(210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | ||
Sec. 3-402. Involuntary transfer or discharge of a resident | ||
from a facility
shall be preceded by the discussion required | ||
under Section 3-408 and by
a minimum written notice
of 21 days, |
except in one of the following instances: | ||
(a) When when an emergency transfer or discharge is ordered
| ||
by the resident's attending physician because of the resident's | ||
health
care needs . ; or | ||
(b) When when the transfer or discharge is mandated by the | ||
physical safety of
other residents, the facility staff, or | ||
facility visitors, as
documented in the clinical record.
The | ||
Department shall be notified prior to any such involuntary | ||
transfer
or discharge. The Department shall immediately offer | ||
transfer, or discharge
and relocation assistance to residents | ||
transferred or discharged under this
subparagraph (b), and the | ||
Department may place relocation teams as
provided in Section | ||
3-419 of this Act. | ||
(c) When an identified offender is within the provisional | ||
admission period defined in Section 1-120.3. If the Identified | ||
Offender Report and Recommendation prepared under Section | ||
2-201.6 shows that the identified offender poses a serious | ||
threat or danger to the physical safety of other residents, the | ||
facility staff, or facility visitors in the admitting facility | ||
and the facility determines that it is unable to provide a safe | ||
environment for the other residents, the facility staff, or | ||
facility visitors, the facility shall transfer or discharge the | ||
identified offender within 3 days after its receipt of the | ||
Identified Offender Report and Recommendation. | ||
(Source: P.A. 84-1322.) |
(210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501) | ||
Sec. 3-501. The Department may place an employee or agent | ||
to serve as a
monitor in a facility or may petition the circuit | ||
court for appointment of a
receiver for a facility, or both, | ||
when any of the following conditions exist: | ||
(a) The facility is operating without a license; | ||
(b) The Department has suspended, revoked or refused to | ||
renew the existing
license of the facility; | ||
(c) The facility is closing or has informed the | ||
Department that it intends
to close and adequate | ||
arrangements for relocation of residents have not
been made | ||
at least 30 days prior to closure; | ||
(d) The Department determines that an emergency | ||
exists, whether or not
it has initiated revocation or | ||
nonrenewal procedures, if because of the
unwillingness or | ||
inability of the licensee to remedy the emergency the
| ||
Department believes a monitor or receiver is necessary; or | ||
(e) The Department is notified that the facility is
| ||
terminated or will not be renewed for participation in the | ||
federal
reimbursement program under either Title
XVIII or | ||
Title XIX of the Social Security Act ; or . | ||
(f) The facility has been designated a distressed | ||
facility by the Department and does not have a consultant | ||
employed pursuant to subsection (f) of Section 3-304.2 and | ||
an acceptable plan of improvement, or the Department has | ||
reason to believe the facility is not complying with the |
plan of improvement. Nothing in this paragraph (f) shall | ||
preclude the Department from placing a monitor in a | ||
facility if otherwise justified by law. | ||
As used in subsection (d) and Section 3-503, "emergency" | ||
means a threat
to the health, safety or welfare of a resident | ||
that the facility is
unwilling or unable to correct. | ||
(Source: P.A. 87-549.) | ||
(210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504) | ||
Sec. 3-504. The court shall hold a hearing within 5 days of | ||
the filing
of the petition. The petition and notice of the | ||
hearing shall be served
on the owner, administrator or | ||
designated agent of the facility as provided
under the Civil | ||
Practice Law, or the petition and notice of
hearing shall be | ||
posted in a conspicuous place in the facility not later
than 3 | ||
days before the time specified for the hearing, unless a | ||
different
period is fixed by order of the court. The court | ||
shall appoint a receiver
for a limited time period, not to | ||
exceed 180 days, if it finds that: | ||
(a) The facility is operating without a license; | ||
(b) The Department has suspended, revoked or refused to | ||
renew the existing
license of a facility; | ||
(c) The facility is closing or has informed the Department | ||
that it intends
to close and adequate arrangements
for | ||
relocation of residents have not been made at least 30 days | ||
prior to closure; or |
(d) An emergency exists, whether or not the Department has | ||
initiated revocation
or nonrenewal procedures, if because of | ||
the unwillingness or inability of
the licensee to remedy the | ||
emergency the appointment of a receiver is necessary. | ||
(Source: P.A. 82-783.) | ||
(210 ILCS 45/3-808 new) | ||
Sec. 3-808. Protocol for sexual assault victims; nursing | ||
home. The Department shall develop a protocol for the care and | ||
treatment of residents who have been sexually assaulted in a | ||
long term care facility or elsewhere. | ||
(210 ILCS 45/3-809 new) | ||
Sec. 3-809. Rules to implement changes. In developing rules | ||
and regulations to implement changes made by this amendatory | ||
Act of the 96th General Assembly, the Department shall seek the | ||
input of advocates for long term care facility residents, | ||
representatives of associations representing long term care | ||
facilities, and representatives of associations representing | ||
employees of long term care facilities. | ||
(210 ILCS 45/3-810 new) | ||
Sec. 3-810. Whistleblower protection. | ||
(a) In this Section, "retaliatory action" means the | ||
reprimand, discharge, suspension, demotion, denial of | ||
promotion or transfer, or change in the terms and conditions of |
employment of any employee of a facility that is taken in | ||
retaliation for the employee's involvement in a protected | ||
activity as set forth in paragraphs (1) through (3) of | ||
subsection (b). | ||
(b) A facility shall not take any retaliatory action | ||
against an employee of the facility, including a nursing home | ||
administrator, because the employee does any of the following: | ||
(1) Discloses or threatens to disclose to a supervisor | ||
or to a public body an activity, inaction, policy, or | ||
practice implemented by a facility that the employee | ||
reasonably believes is in violation of a law, rule, or | ||
regulation. | ||
(2) Provides information to or testifies before any | ||
public body conducting an investigation, hearing, or | ||
inquiry into any violation of a law, rule, or regulation by | ||
a nursing home administrator. | ||
(3) Assists or participates in a proceeding to enforce | ||
the provisions of this Act. | ||
(c) A violation of this Section may be established only | ||
upon a finding that (i) the employee of the facility engaged in | ||
conduct described in subsection (b) of this Section and (ii) | ||
this conduct was a contributing factor in the retaliatory | ||
action alleged by the employee. There is no violation of this | ||
Section, however, if the facility demonstrates by clear and | ||
convincing evidence that it would have taken the same | ||
unfavorable personnel action in the absence of that conduct. |
(d) The employee of the facility may be awarded all | ||
remedies necessary to make the employee whole and to prevent | ||
future violations of this Section. Remedies imposed by the | ||
court may include, but are not limited to, all of the | ||
following: | ||
(1) Reinstatement of the employee to either the same | ||
position held before the retaliatory action or to an | ||
equivalent position. | ||
(2) Two times the amount of back pay. | ||
(3) Interest on the back pay. | ||
(4) Reinstatement of full fringe benefits and | ||
seniority rights. | ||
(5) Payment of reasonable costs and attorney's fees. | ||
(e) Nothing in this Section shall be deemed to diminish the | ||
rights, privileges, or remedies of an employee of a facility | ||
under any other federal or State law, rule, or regulation or | ||
under any employment contract. | ||
Section 30. The Hospital Licensing Act is amended by | ||
changing Sections 6.09 and 7 as follows: | ||
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||
(Text of Section before amendment by P.A. 96-339 ) | ||
Sec. 6.09. (a) In order to facilitate the orderly | ||
transition of aged
and disabled patients from hospitals to | ||
post-hospital care, whenever a
patient who qualifies for the
|
federal Medicare program is hospitalized, the patient shall be | ||
notified
of discharge at least
24 hours prior to discharge from
| ||
the hospital. With regard to pending discharges to a skilled | ||
nursing facility, the hospital must notify the case | ||
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||
least 24 hours prior to discharge or, if home health services | ||
are ordered, the hospital must inform its designated case | ||
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||
the pending discharge and must provide the patient with the | ||
case coordination unit's telephone number and other contact | ||
information.
| ||
(b) Every hospital shall develop procedures for a physician | ||
with medical
staff privileges at the hospital or any | ||
appropriate medical staff member to
provide the discharge | ||
notice prescribed in subsection (a) of this Section. The | ||
procedures must include prohibitions against discharging or | ||
referring a patient to any of the following if unlicensed, | ||
uncertified, or unregistered: (i) a board and care facility, as | ||
defined in the Board and Care Home Act; (ii) an assisted living | ||
and shared housing establishment, as defined in the Assisted | ||
Living and Shared Housing Act; (iii) a facility licensed under | ||
the Nursing Home Care Act; (iv) a supportive living facility, | ||
as defined in Section 5-5.01a of the Illinois Public Aid Code; | ||
or (v) a free-standing hospice facility licensed under the | ||
Hospice Program Licensing Act if licensure, certification, or | ||
registration is required. The Department of Public Health shall |
annually provide hospitals with a list of licensed, certified, | ||
or registered board and care facilities, assisted living and | ||
shared housing establishments, nursing homes, supportive | ||
living facilities, and hospice facilities. Reliance upon this | ||
list by a hospital shall satisfy compliance with this | ||
requirement.
The procedure may also include a waiver for any | ||
case in which a discharge
notice is not feasible due to a short | ||
length of stay in the hospital by the patient,
or for any case | ||
in which the patient voluntarily desires to leave the
hospital | ||
before the expiration of the
24 hour period. | ||
(c) At least
24 hours prior to discharge from the hospital, | ||
the
patient shall receive written information on the patient's | ||
right to appeal the
discharge pursuant to the
federal Medicare | ||
program, including the steps to follow to appeal
the discharge | ||
and the appropriate telephone number to call in case the
| ||
patient intends to appeal the discharge. | ||
(d) Before transfer of a patient to a long term care | ||
facility licensed under the Nursing Home Care Act where elderly | ||
persons reside, a hospital shall as soon as practicable | ||
initiate a name-based criminal history background check by | ||
electronic submission to the Department of State Police for all | ||
persons between the ages of 18 and 70 years; provided, however, | ||
that a hospital shall be required to initiate such a background | ||
check only with respect to patients who: | ||
(1) are transferring to a long term care facility for | ||
the first time; |
(2) have been in the hospital more than 5 days; | ||
(3) are reasonably expected to remain at the long term | ||
care facility for more than 30 days; | ||
(4) have a known history of serious mental illness or | ||
substance abuse; and | ||
(5) are independently ambulatory or mobile for more | ||
than a temporary period of time. | ||
A hospital may also request a criminal history background | ||
check for a patient who does not meet any of the criteria set | ||
forth in items (1) through (5). | ||
A hospital shall notify a long term care facility if the | ||
hospital has initiated a criminal history background check on a | ||
patient being discharged to that facility. In all circumstances | ||
in which the hospital is required by this subsection to | ||
initiate the criminal history background check, the transfer to | ||
the long term care facility may proceed regardless of the | ||
availability of criminal history results. Upon receipt of the | ||
results, the hospital shall promptly forward the results to the | ||
appropriate long term care facility. If the results of the | ||
background check are inconclusive, the hospital shall have no | ||
additional duty or obligation to seek additional information | ||
from, or about, the patient. | ||
(Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07; | ||
95-651, eff. 10-11-07; 95-876, eff. 8-21-08.) | ||
(Text of Section after amendment by P.A. 96-339 ) |
Sec. 6.09. (a) In order to facilitate the orderly | ||
transition of aged
and disabled patients from hospitals to | ||
post-hospital care, whenever a
patient who qualifies for the
| ||
federal Medicare program is hospitalized, the patient shall be | ||
notified
of discharge at least
24 hours prior to discharge from
| ||
the hospital. With regard to pending discharges to a skilled | ||
nursing facility, the hospital must notify the case | ||
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||
least 24 hours prior to discharge or, if home health services | ||
are ordered, the hospital must inform its designated case | ||
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||
the pending discharge and must provide the patient with the | ||
case coordination unit's telephone number and other contact | ||
information.
| ||
(b) Every hospital shall develop procedures for a physician | ||
with medical
staff privileges at the hospital or any | ||
appropriate medical staff member to
provide the discharge | ||
notice prescribed in subsection (a) of this Section. The | ||
procedures must include prohibitions against discharging or | ||
referring a patient to any of the following if unlicensed, | ||
uncertified, or unregistered: (i) a board and care facility, as | ||
defined in the Board and Care Home Act; (ii) an assisted living | ||
and shared housing establishment, as defined in the Assisted | ||
Living and Shared Housing Act; (iii) a facility licensed under | ||
the Nursing Home Care Act or the MR/DD Community Care Act; (iv) | ||
a supportive living facility, as defined in Section 5-5.01a of |
the Illinois Public Aid Code; or (v) a free-standing hospice | ||
facility licensed under the Hospice Program Licensing Act if | ||
licensure, certification, or registration is required. The | ||
Department of Public Health shall annually provide hospitals | ||
with a list of licensed, certified, or registered board and | ||
care facilities, assisted living and shared housing | ||
establishments, nursing homes, supportive living facilities, | ||
facilities licensed under the MR/DD Community Care Act, and | ||
hospice facilities. Reliance upon this list by a hospital shall | ||
satisfy compliance with this requirement.
The procedure may | ||
also include a waiver for any case in which a discharge
notice | ||
is not feasible due to a short length of stay in the hospital | ||
by the patient,
or for any case in which the patient | ||
voluntarily desires to leave the
hospital before the expiration | ||
of the
24 hour period. | ||
(c) At least
24 hours prior to discharge from the hospital, | ||
the
patient shall receive written information on the patient's | ||
right to appeal the
discharge pursuant to the
federal Medicare | ||
program, including the steps to follow to appeal
the discharge | ||
and the appropriate telephone number to call in case the
| ||
patient intends to appeal the discharge. | ||
(d) Before transfer of a patient to a long term care | ||
facility licensed under the Nursing Home Care Act where elderly | ||
persons reside, a hospital shall as soon as practicable | ||
initiate a name-based criminal history background check by | ||
electronic submission to the Department of State Police for all |
persons between the ages of 18 and 70 years; provided, however, | ||
that a hospital shall be required to initiate such a background | ||
check only with respect to patients who: | ||
(1) are transferring to a long term care facility for | ||
the first time; | ||
(2) have been in the hospital more than 5 days; | ||
(3) are reasonably expected to remain at the long term | ||
care facility for more than 30 days; | ||
(4) have a known history of serious mental illness or | ||
substance abuse; and | ||
(5) are independently ambulatory or mobile for more | ||
than a temporary period of time. | ||
A hospital may also request a criminal history background | ||
check for a patient who does not meet any of the criteria set | ||
forth in items (1) through (5). | ||
A hospital shall notify a long term care facility if the | ||
hospital has initiated a criminal history background check on a | ||
patient being discharged to that facility. In all circumstances | ||
in which the hospital is required by this subsection to | ||
initiate the criminal history background check, the transfer to | ||
the long term care facility may proceed regardless of the | ||
availability of criminal history results. Upon receipt of the | ||
results, the hospital shall promptly forward the results to the | ||
appropriate long term care facility. If the results of the | ||
background check are inconclusive, the hospital shall have no | ||
additional duty or obligation to seek additional information |
from, or about, the patient. | ||
(Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07; | ||
95-876, eff. 8-21-08; 96-339, eff. 7-1-10.) | ||
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148) | ||
Sec. 7. (a) The Director after notice and opportunity for | ||
hearing to the
applicant or licensee may deny, suspend, or | ||
revoke a permit to establish a
hospital or deny, suspend, or | ||
revoke a license to open, conduct, operate,
and maintain a | ||
hospital in any case in which he finds that there has been a
| ||
substantial failure to comply with the provisions of this Act, | ||
the Hospital
Report Card Act, or the Illinois Adverse Health | ||
Care Events Reporting Law of 2005 or the standards, rules, and | ||
regulations established by
virtue of any of those Acts. The | ||
Department may impose fines on hospitals, not to exceed $500 | ||
per occurrence, for failing to initiate a criminal background | ||
check on a patient that meets the criteria for | ||
hospital-initiated background checks. In assessing whether to | ||
impose such a fine, the Department shall consider various | ||
factors including, but not limited to, whether the hospital has | ||
engaged in a pattern or practice of failing to initiate | ||
criminal background checks. Money from fines shall be deposited | ||
into the Long Term Care Provider Fund. | ||
(b) Such notice shall be effected by registered mail or by | ||
personal
service setting forth the particular reasons for the | ||
proposed action and
fixing a date, not less than 15 days from |
the date of such mailing or
service, at which time the | ||
applicant or licensee shall be given an
opportunity for a | ||
hearing. Such hearing shall be conducted by the Director
or by | ||
an employee of the Department designated in writing by the | ||
Director
as Hearing Officer to conduct the hearing. On the | ||
basis of any such
hearing, or upon default of the applicant or | ||
licensee, the Director shall
make a determination specifying | ||
his findings and conclusions. In case of a
denial to an | ||
applicant of a permit to establish a hospital, such
| ||
determination shall specify the subsection of Section 6 under | ||
which the
permit was denied and shall contain findings of fact | ||
forming the basis of
such denial. A copy of such determination | ||
shall be sent by registered mail
or served personally upon the | ||
applicant or licensee. The decision denying,
suspending, or | ||
revoking a permit or a license shall become final 35 days
after | ||
it is so mailed or served, unless the applicant or licensee, | ||
within
such 35 day period, petitions for review pursuant to | ||
Section 13. | ||
(c) The procedure governing hearings authorized by this | ||
Section shall be
in accordance with rules promulgated by the | ||
Department and approved by the
Hospital Licensing Board. A full | ||
and complete record shall be kept of all
proceedings, including | ||
the notice of hearing, complaint, and all other
documents in | ||
the nature of pleadings, written motions filed in the
| ||
proceedings, and the report and orders of the Director and | ||
Hearing Officer.
All testimony shall be reported but need not |
be transcribed unless the
decision is appealed pursuant to | ||
Section 13. A copy or copies of the
transcript may be obtained | ||
by any interested party on payment of the cost
of preparing | ||
such copy or copies. | ||
(d) The Director or Hearing Officer shall upon his own | ||
motion, or on the
written request of any party to the | ||
proceeding, issue subpoenas requiring
the attendance and the | ||
giving of testimony by witnesses, and subpoenas
duces tecum | ||
requiring the production of books, papers, records, or
| ||
memoranda. All subpoenas and subpoenas duces tecum issued under | ||
the terms
of this Act may be served by any person of full age. | ||
The fees of witnesses
for attendance and travel shall be the | ||
same as the fees of witnesses before
the Circuit Court of this | ||
State, such fees to be paid when the witness is
excused from | ||
further attendance. When the witness is subpoenaed at the
| ||
instance of the Director, or Hearing Officer, such fees shall | ||
be paid in
the same manner as other expenses of the Department, | ||
and when the witness
is subpoenaed at the instance of any other | ||
party to any such proceeding the
Department may require that | ||
the cost of service of the subpoena or subpoena
duces tecum and | ||
the fee of the witness be borne by the party at whose
instance | ||
the witness is summoned. In such case, the Department in its
| ||
discretion, may require a deposit to cover the cost of such | ||
service and
witness fees. A subpoena or subpoena duces tecum | ||
issued as aforesaid shall
be served in the same manner as a | ||
subpoena issued out of a court. |
(e) Any Circuit Court of this State upon the application of | ||
the
Director, or upon the application of any other party to the | ||
proceeding,
may, in its discretion, compel the attendance of | ||
witnesses, the production
of books, papers, records, or | ||
memoranda and the giving of testimony before
the Director or | ||
Hearing Officer conducting an investigation or holding a
| ||
hearing authorized by this Act, by an attachment for contempt, | ||
or
otherwise, in the same manner as production of evidence may | ||
be compelled
before the court. | ||
(f) The Director or Hearing Officer, or any party in an | ||
investigation or
hearing before the Department, may cause the | ||
depositions of witnesses
within the State to be taken in the | ||
manner prescribed by law for like
depositions in civil actions | ||
in courts of this State, and to that end
compel the attendance | ||
of witnesses and the production of books, papers,
records, or | ||
memoranda. | ||
(Source: P.A. 93-563, eff. 1-1-04; 94-242, eff. 7-18-05.) | ||
Section 33. The Medical Practice Act of 1987 is amended by | ||
changing Sections 23 and 36 as follows:
| ||
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||
(Section scheduled to be repealed on December 31, 2010)
| ||
Sec. 23. Reports relating to professional conduct
and | ||
capacity. | ||
(A) Entities required to report.
|
(1) Health care institutions. The chief administrator
| ||
or executive officer of any health care institution | ||
licensed
by the Illinois Department of Public Health shall | ||
report to
the Disciplinary Board when any person's clinical | ||
privileges
are terminated or are restricted based on a | ||
final
determination, in accordance with that institution's | ||
by-laws
or rules and regulations, that a person has either | ||
committed
an act or acts which may directly threaten | ||
patient care, and not of an
administrative nature, or that | ||
a person may be mentally or
physically disabled in such a | ||
manner as to endanger patients
under that person's care. | ||
Such officer also shall report if
a person accepts | ||
voluntary termination or restriction of
clinical | ||
privileges in lieu of formal action based upon conduct | ||
related
directly to patient care and
not of an | ||
administrative nature, or in lieu of formal action
seeking | ||
to determine whether a person may be mentally or
physically | ||
disabled in such a manner as to endanger patients
under | ||
that person's care. The Medical Disciplinary Board
shall, | ||
by rule, provide for the reporting to it of all
instances | ||
in which a person, licensed under this Act, who is
impaired | ||
by reason of age, drug or alcohol abuse or physical
or | ||
mental impairment, is under supervision and, where
| ||
appropriate, is in a program of rehabilitation. Such
| ||
reports shall be strictly confidential and may be reviewed
| ||
and considered only by the members of the Disciplinary
|
Board, or by authorized staff as provided by rules of the
| ||
Disciplinary Board. Provisions shall be made for the
| ||
periodic report of the status of any such person not less
| ||
than twice annually in order that the Disciplinary Board
| ||
shall have current information upon which to determine the
| ||
status of any such person. Such initial and periodic
| ||
reports of impaired physicians shall not be considered
| ||
records within the meaning of The State Records Act and
| ||
shall be disposed of, following a determination by the
| ||
Disciplinary Board that such reports are no longer | ||
required,
in a manner and at such time as the Disciplinary | ||
Board shall
determine by rule. The filing of such reports | ||
shall be
construed as the filing of a report for purposes | ||
of
subsection (C) of this Section.
| ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of persons
| ||
licensed under this Act, operating within this State shall
| ||
report to the Disciplinary Board when the association or
| ||
society renders a final determination that a person has
| ||
committed unprofessional conduct related directly to | ||
patient
care or that a person may be mentally or physically | ||
disabled
in such a manner as to endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
|
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the
| ||
Disciplinary Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Disciplinary Board all instances
| ||
in which a person licensed under this Act is convicted or
| ||
otherwise found guilty of the commission of any felony. The | ||
State's Attorney
of each county may report to the | ||
Disciplinary Board through a verified
complaint any | ||
instance in which the State's Attorney believes that a | ||
physician
has willfully violated the notice requirements | ||
of the Parental Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government | ||
of the State of Illinois shall report to the
Disciplinary | ||
Board any instance arising in connection with
the | ||
operations of such agency, including the administration
of | ||
any law by such agency, in which a person licensed under
| ||
this Act has either committed an act or acts which may be a
| ||
violation of this Act or which may constitute | ||
unprofessional
conduct related directly to patient care or | ||
which indicates
that a person licensed under this Act may |
be mentally or
physically disabled in such a manner as to | ||
endanger patients
under that person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Disciplinary Board in a | ||
timely
fashion. The reports shall be filed in writing within 60
| ||
days after a determination that a report is required under
this | ||
Act. All reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name and date of birth of any
patient or | ||
patients whose treatment is a subject of the
report, if | ||
available, or other means of identification if such | ||
information is not available, identification of the | ||
hospital or other
healthcare facility where the care at | ||
issue in the report was rendered,
provided, however, no | ||
medical records may be
revealed.
| ||
(4) A brief description of the facts which gave rise
to | ||
the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
|
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Disciplinary Board or Department may also exercise the | ||
power under Section
38 of this Act to subpoena copies of | ||
hospital or medical records in mandatory
report cases alleging | ||
death or permanent bodily injury. Appropriate
rules shall be | ||
adopted by the Department with the approval of the Disciplinary
| ||
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to in any
way, | ||
waive or modify the confidentiality of medical reports
and | ||
committee reports to the extent provided by law. Any
| ||
information reported or disclosed shall be kept for the
| ||
confidential use of the Disciplinary Board, the Medical
| ||
Coordinators, the Disciplinary Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure, except that the | ||
Department may disclose information and documents to a federal, | ||
State, or local law enforcement agency pursuant to a subpoena | ||
in an ongoing criminal investigation or to a health care |
licensing body of this State or another state or jurisdiction | ||
pursuant to an official request made by that licensing body . | ||
Furthermore, information and documents disclosed to a federal, | ||
State, or local law enforcement agency may be used by that | ||
agency only for the investigation and prosecution of a criminal | ||
offense , or, in the case of disclosure to a health care | ||
licensing body, only for investigations and disciplinary | ||
action proceedings with regard to a license . Information and | ||
documents disclosed to the Department of Public Health may be | ||
used by that Department only for investigation and disciplinary | ||
action regarding the license of a health care institution | ||
licensed by the Department of Public Health.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
| ||
wanton manner, in complying with this Act by providing any
| ||
report or other information to the Disciplinary Board or a peer | ||
review committee, or
assisting in the investigation or | ||
preparation of such
information, or by voluntarily reporting to | ||
the Disciplinary Board
or a peer review committee information | ||
regarding alleged errors or negligence by a person licensed | ||
under this Act, or by participating in proceedings of the
| ||
Disciplinary Board or a peer review committee, or by serving as | ||
a member of the
Disciplinary Board or a peer review committee, | ||
shall not, as a result of such actions,
be subject to criminal | ||
prosecution or civil damages.
| ||
(D) Indemnification. Members of the Disciplinary
Board, |
the Medical Coordinators, the Disciplinary Board's
attorneys, | ||
the medical investigative staff, physicians
retained under | ||
contract to assist and advise the medical
coordinators in the | ||
investigation, and authorized clerical
staff shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on the Disciplinary
Board, done in good faith | ||
and not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
| ||
approval by the Attorney General, unless there is a
| ||
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Disciplinary Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Disciplinary Board. Upon the
receipt |
of any report called for by this Act, other than
those reports | ||
of impaired persons licensed under this Act
required pursuant | ||
to the rules of the Disciplinary Board,
the Disciplinary Board | ||
shall notify in writing, by certified
mail, the person who is | ||
the subject of the report. Such
notification shall be made | ||
within 30 days of receipt by the
Disciplinary Board of the | ||
report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the | ||
amending of the
report previously filed. The person who is the | ||
subject of the report shall also submit with the written | ||
statement any medical records related to the report. The | ||
statement and accompanying medical records shall become a
| ||
permanent part of the file and must be received by the
| ||
Disciplinary Board no more than
30 days after the date on
which | ||
the person was notified by the Disciplinary Board of the | ||
existence of
the
original report.
| ||
The Disciplinary Board shall review all reports
received by | ||
it, together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of reports. | ||
The review by the Disciplinary Board
shall be in a timely |
manner but in no event, shall the
Disciplinary Board's initial | ||
review of the material
contained in each disciplinary file be | ||
less than 61 days nor
more than 180 days after the receipt of | ||
the initial report
by the Disciplinary Board.
| ||
When the Disciplinary Board makes its initial review of
the | ||
materials contained within its disciplinary files, the
| ||
Disciplinary Board shall, in writing, make a determination
as | ||
to whether there are sufficient facts to warrant further
| ||
investigation or action. Failure to make such determination
| ||
within the time provided shall be deemed to be a
determination | ||
that there are not sufficient facts to warrant
further | ||
investigation or action.
| ||
Should the Disciplinary Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, | ||
the report shall be accepted for filing and the
matter shall be | ||
deemed closed and so reported to the Secretary. The Secretary
| ||
shall then have 30 days to accept the Medical Disciplinary | ||
Board's decision or
request further investigation. The | ||
Secretary shall inform the Board in writing
of the decision to | ||
request further investigation, including the specific
reasons | ||
for the decision. The
individual or entity filing the original | ||
report or complaint
and the person who is the subject of the | ||
report or complaint
shall be notified in writing by the | ||
Secretary of
any final action on their report or complaint.
| ||
(F) Summary reports. The Disciplinary Board shall
prepare, | ||
on a timely basis, but in no event less than once
every other |
month, a summary report of final actions taken
upon | ||
disciplinary files maintained by the Disciplinary Board.
The | ||
summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's Internet website.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or for | ||
an order enforcing compliance with this Section.
Upon filing of | ||
a verified petition in such court, the court
may issue a | ||
temporary restraining order without notice or
bond and may | ||
preliminarily or permanently enjoin such
violation, and if it | ||
is established that such person has
violated or is violating | ||
the injunction, the court may
punish the offender for contempt | ||
of court. Proceedings
under this paragraph shall be in addition | ||
to, and not in
lieu of, all other remedies and penalties | ||
provided for by
this Section.
| ||
(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07 .)
| ||
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||
(Section scheduled to be repealed on December 31, 2010)
| ||
Sec. 36. Upon the motion of either the Department
or the |
Disciplinary Board or upon the verified complaint in
writing of | ||
any person setting forth facts which, if proven,
would | ||
constitute grounds for suspension or revocation under
Section | ||
22 of this Act, the Department shall investigate the
actions of | ||
any person, so accused, who holds or represents
that they hold | ||
a license. Such person is hereinafter called
the accused.
| ||
The Department shall, before suspending, revoking,
placing | ||
on probationary status, or taking any other
disciplinary action | ||
as the Department may deem proper with
regard to any license at | ||
least 30 days prior to the date set
for the hearing, notify the | ||
accused in writing of any
charges made and the time and place | ||
for a hearing of the
charges before the Disciplinary Board, | ||
direct them to file
their written answer thereto to the | ||
Disciplinary Board under
oath within 20 days after the service | ||
on them of such notice
and inform them that if they fail to | ||
file such answer
default will be taken against them and their | ||
license may be
suspended, revoked, placed on probationary | ||
status, or have
other disciplinary action, including limiting | ||
the scope,
nature or extent of their practice, as the | ||
Department may
deem proper taken with regard thereto.
| ||
Where a physician has been found, upon complaint and
| ||
investigation of the Department, and after hearing, to have
| ||
performed an abortion procedure in a wilful and wanton
manner | ||
upon a woman who was not pregnant at the time such
abortion | ||
procedure was performed, the Department shall
automatically | ||
revoke the license of such physician to
practice medicine in |
Illinois.
| ||
Such written notice and any notice in such proceedings
| ||
thereafter may be served by delivery of the same,
personally, | ||
to the accused person, or by mailing the same by
registered or | ||
certified mail to the address last theretofore
specified by the | ||
accused in their last notification to the
Department.
| ||
All information gathered by the Department during its | ||
investigation
including information subpoenaed
under Section | ||
23 or 38 of this Act and the investigative file shall be kept | ||
for
the confidential use of the Secretary, Disciplinary Board, | ||
the Medical
Coordinators, persons employed by contract to | ||
advise the Medical Coordinator or
the Department, the
| ||
Disciplinary Board's attorneys, the medical investigative | ||
staff, and authorized
clerical staff, as provided in this Act | ||
and shall be afforded the same status
as is provided | ||
information concerning medical studies in Part 21 of Article
| ||
VIII of the Code of Civil Procedure, except that the Department | ||
may disclose information and documents to a federal, State, or | ||
local law enforcement agency pursuant to a subpoena in an | ||
ongoing criminal investigation to a health care licensing body | ||
of this State or another state or jurisdiction pursuant to an | ||
official request made by that licensing body . Furthermore, | ||
information and documents disclosed to a federal, State, or | ||
local law enforcement agency may be used by that agency only | ||
for the investigation and prosecution of a criminal offense or, | ||
in the case of disclosure to a health care licensing body, only |
for investigations and disciplinary action proceedings with | ||
regard to a license issued by that licensing body .
| ||
(Source: P.A. 94-677, eff. 8-25-05 .)
| ||
Section 35. The Nursing Home Administrators Licensing and | ||
Disciplinary Act is amended by changing Section 17 and adding | ||
Sections 17.1 and 38 as follows: | ||
(225 ILCS 70/17) (from Ch. 111, par. 3667) | ||
(Text of Section before amendment by P.A. 96-339 ) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 17. Grounds for disciplinary action. | ||
(a) The Department may impose fines not to exceed $10,000
| ||
or may
refuse to issue or to renew, or may revoke, suspend, | ||
place on probation,
censure, reprimand or take other | ||
disciplinary or non-disciplinary action with regard to the
| ||
license of any person, for any one or combination
of the | ||
following causes: | ||
(1) Intentional material misstatement in furnishing | ||
information
to
the Department. | ||
(2) Conviction of or entry of a plea of guilty or nolo | ||
contendere to any crime that is a felony under the laws of | ||
the United States
or any
state or territory thereof or
a | ||
misdemeanor of which an
essential element is dishonesty or | ||
that is directly
related to the practice of the profession | ||
of nursing home administration. |
(3) Making any misrepresentation for the purpose of | ||
obtaining
a license,
or violating any provision of this | ||
Act. | ||
(4) Immoral conduct in the commission of any act, such | ||
as
sexual abuse or
sexual misconduct, related to the | ||
licensee's practice. | ||
(5) Failing to respond within 30
days, to a
written | ||
request made by the Department for information. | ||
(6) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public. | ||
(7) Habitual use or addiction to alcohol, narcotics,
| ||
stimulants, or any
other chemical agent or drug which | ||
results in the inability to practice
with reasonable | ||
judgment, skill or safety. | ||
(8) Discipline by another U.S. jurisdiction if at
least | ||
one of the grounds for the discipline is the same or | ||
substantially
equivalent to those set forth herein. | ||
(9) A finding by the Department that the licensee, | ||
after having
his or her license
placed on probationary | ||
status has violated the terms of probation. | ||
(10) Willfully making or filing false records or | ||
reports in
his or her
practice,
including but not limited | ||
to false records filed with State agencies or
departments. | ||
(11) Physical illness, mental illness, or other | ||
impairment or disability, including, but not limited to,
|
deterioration
through the aging process, or loss of motor | ||
skill that results in
the
inability to practice the | ||
profession with reasonable judgment, skill or safety. | ||
(12) Disregard or violation of this Act or of any rule
| ||
issued pursuant to this Act. | ||
(13) Aiding or abetting another in the violation of | ||
this Act
or any rule
or regulation issued pursuant to this | ||
Act. | ||
(14) Allowing one's license to be used by an unlicensed
| ||
person. | ||
(15) (Blank).
| ||
(16) Professional incompetence in the practice of | ||
nursing
home administration. | ||
(17) Conviction of a violation of Section 12-19 of the
| ||
Criminal Code of
1961 for the abuse and gross neglect of a | ||
long term care facility resident. | ||
(18) Violation of the Nursing Home Care Act or of any | ||
rule
issued under the Nursing Home Care Act. A final | ||
adjudication of a Type "AA" violation of the Nursing Home | ||
Care Act made by the Illinois Department of Public Health, | ||
as identified by rule, relating to the hiring, training, | ||
planning, organizing, directing, or supervising the | ||
operation of a nursing home and a licensee's failure to | ||
comply with this Act or the rules adopted under this Act, | ||
shall create a rebuttable presumption of a violation of | ||
this subsection. |
(19) Failure to report to the Department any adverse | ||
final action taken against the licensee by a licensing | ||
authority of another state, territory of the United States, | ||
or foreign country; or by any governmental or law | ||
enforcement agency; or by any court for acts or conduct | ||
similar to acts or conduct that would constitute grounds | ||
for disciplinary action under this Section. | ||
(20) Failure to report to the Department the surrender | ||
of a license or authorization to practice as a nursing home | ||
administrator in another state or jurisdiction for acts or | ||
conduct similar to acts or conduct that would constitute | ||
grounds for disciplinary action under this Section. | ||
(21) Failure to report to the Department any adverse | ||
judgment, settlement, or award arising from a liability | ||
claim related to acts or conduct similar to acts or conduct | ||
that would constitute grounds for disciplinary action | ||
under this Section. | ||
All proceedings to suspend, revoke, place on
probationary | ||
status, or take any other disciplinary action
as the Department | ||
may deem proper, with regard to a license
on any of the | ||
foregoing grounds, must be commenced within
5
years next after | ||
receipt by the Department of (i) a
complaint
alleging the | ||
commission of or notice of the conviction order
for any of the | ||
acts described herein or (ii) a referral for investigation
| ||
under
Section 3-108 of the Nursing Home Care Act. | ||
The entry of an order or judgment by any circuit court |
establishing that
any person holding a license under this Act | ||
is a person in need of mental
treatment operates as a | ||
suspension of that license. That person may resume
their | ||
practice only upon the entry of a Department order based upon a
| ||
finding by the Board that they have been determined to
be | ||
recovered from mental illness by the court and upon the
Board's | ||
recommendation that they be permitted to resume their practice. | ||
The Department, upon the recommendation of the
Board, may
| ||
adopt rules which set forth
standards to be used in determining | ||
what constitutes: | ||
(i)
when a person will be deemed sufficiently
| ||
rehabilitated to warrant the public trust; | ||
(ii)
dishonorable, unethical or
unprofessional conduct | ||
of a character likely to deceive,
defraud, or harm the | ||
public; | ||
(iii)
immoral conduct in the commission
of any act | ||
related to the licensee's practice; and | ||
(iv)
professional incompetence in the practice
of | ||
nursing home administration. | ||
However, no such rule shall be admissible into evidence
in | ||
any civil action except for review of a licensing or
other | ||
disciplinary action under this Act. | ||
In enforcing this Section, the Department or Board, upon a | ||
showing of a
possible
violation,
may compel any individual | ||
licensed to practice under this
Act, or who has applied for | ||
licensure
pursuant to this Act, to submit to a mental or |
physical
examination, or both, as required by and at the | ||
expense of
the Department. The examining physician or | ||
physicians shall
be those specifically designated by the | ||
Department or Board.
The Department or Board may order the | ||
examining physician to present
testimony
concerning this | ||
mental or physical examination of the licensee or applicant. No
| ||
information shall be excluded by reason of any common law or | ||
statutory
privilege relating to communications between the | ||
licensee or applicant and the
examining physician.
The | ||
individual to be examined may have, at his or her own
expense, | ||
another physician of his or her choice present
during all | ||
aspects of the examination. Failure of any
individual to submit | ||
to mental or physical examination, when
directed, shall be | ||
grounds for suspension of his or her
license until such time as | ||
the individual submits to the
examination if the Department | ||
finds, after notice
and hearing, that the refusal to submit to | ||
the examination
was without reasonable cause. | ||
If the Department or Board
finds an individual unable to | ||
practice
because of the reasons
set forth in this Section, the | ||
Department or Board shall
require such individual to submit to | ||
care, counseling, or
treatment by physicians approved or | ||
designated by the
Department or Board, as a condition, term, or | ||
restriction for
continued,
reinstated, or renewed licensure to | ||
practice; or in lieu of care, counseling,
or
treatment, the | ||
Department may file, or the Board may recommend to the
| ||
Department to
file, a complaint to
immediately suspend, revoke, |
or otherwise discipline the license of the
individual.
Any | ||
individual whose license was granted pursuant to
this Act or | ||
continued, reinstated, renewed,
disciplined or supervised, | ||
subject to such terms, conditions
or restrictions who shall | ||
fail to comply with such terms,
conditions or restrictions
| ||
shall be referred to the Secretary
for a
determination as to | ||
whether the licensee shall have his or her
license suspended | ||
immediately, pending a hearing by the
Department. In instances | ||
in which the Secretary
immediately suspends a license under | ||
this Section, a hearing
upon such person's license must be | ||
convened by the
Board within 30
days after such suspension and
| ||
completed without appreciable delay. The Department and Board
| ||
shall have the authority to review the subject administrator's
| ||
record of treatment and counseling regarding the impairment,
to | ||
the extent permitted by applicable federal statutes and
| ||
regulations safeguarding the confidentiality of medical | ||
records. | ||
An individual licensed under this Act, affected under
this | ||
Section, shall be afforded an opportunity to
demonstrate to the | ||
Department or Board that he or she can
resume
practice in | ||
compliance with acceptable and prevailing
standards under the | ||
provisions of his or her license. | ||
(b) Any individual or
organization acting in good faith, | ||
and not in a wilful and
wanton manner, in complying with this | ||
Act by providing any
report or other information to the | ||
Department, or
assisting in the investigation or preparation of |
such
information, or by participating in proceedings of the
| ||
Department, or by serving as a member of the
Board, shall not, | ||
as a result of such actions,
be subject to criminal prosecution | ||
or civil damages. | ||
(c) Members of the Board, and persons
retained under | ||
contract to assist and advise in an investigation,
shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on or for the Board, done in good
faith
and | ||
not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful and wanton. | ||
Should the Attorney General decline representation,
a | ||
person entitled to indemnification under this Section shall | ||
have the
right to employ counsel of his or her
choice, whose | ||
fees shall be provided by the State, after
approval by the | ||
Attorney General, unless there is a
determination by a court | ||
that the member's actions were not
in good faith or were wilful | ||
and wanton. | ||
A person entitled to indemnification under this
Section | ||
must notify the Attorney General within 7
days of receipt of | ||
notice of the initiation of any action
involving services of | ||
the Board. Failure to so
notify the Attorney General shall | ||
constitute an absolute
waiver of the right to a defense and | ||
indemnification. |
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will undertake to | ||
represent
a
person entitled to indemnification under this | ||
Section. | ||
(d) The determination by a circuit court that a licensee is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities | ||
Code, as amended, operates as an
automatic suspension. Such | ||
suspension will end only upon a finding by a
court that the | ||
patient is no longer subject to involuntary admission or
| ||
judicial admission and issues an order so finding and | ||
discharging the
patient; and upon the recommendation of the | ||
Board to the Secretary
that
the licensee be allowed to resume | ||
his or her practice. | ||
(e) The Department may refuse to issue or may suspend the | ||
license of
any person who fails to file a return, or to pay the | ||
tax, penalty or
interest shown in a filed return, or to pay any | ||
final assessment of tax,
penalty or interest, as required by | ||
any tax Act administered by the Department of Revenue, until | ||
such time as the requirements of any
such tax Act are | ||
satisfied. | ||
(f) The Department of Public Health shall transmit to the
| ||
Department a list of those facilities which receive an "A" | ||
violation as
defined in Section 1-129 of the Nursing Home Care | ||
Act. | ||
(Source: P.A. 95-703, eff. 12-31-07.) |
(Text of Section after amendment by P.A. 96-339 ) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 17. Grounds for disciplinary action. | ||
(a) The Department may impose fines not to exceed $10,000
| ||
or may
refuse to issue or to renew, or may revoke, suspend, | ||
place on probation,
censure, reprimand or take other | ||
disciplinary or non-disciplinary action with regard to the
| ||
license of any person, for any one or combination
of the | ||
following causes: | ||
(1) Intentional material misstatement in furnishing | ||
information
to
the Department. | ||
(2) Conviction of or entry of a plea of guilty or nolo | ||
contendere to any crime that is a felony under the laws of | ||
the United States
or any
state or territory thereof or
a | ||
misdemeanor of which an
essential element is dishonesty or | ||
that is directly
related to the practice of the profession | ||
of nursing home administration. | ||
(3) Making any misrepresentation for the purpose of | ||
obtaining
a license,
or violating any provision of this | ||
Act. | ||
(4) Immoral conduct in the commission of any act, such | ||
as
sexual abuse or
sexual misconduct, related to the | ||
licensee's practice. | ||
(5) Failing to respond within 30
days, to a
written | ||
request made by the Department for information. |
(6) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public. | ||
(7) Habitual use or addiction to alcohol, narcotics,
| ||
stimulants, or any
other chemical agent or drug which | ||
results in the inability to practice
with reasonable | ||
judgment, skill or safety. | ||
(8) Discipline by another U.S. jurisdiction if at
least | ||
one of the grounds for the discipline is the same or | ||
substantially
equivalent to those set forth herein. | ||
(9) A finding by the Department that the licensee, | ||
after having
his or her license
placed on probationary | ||
status has violated the terms of probation. | ||
(10) Willfully making or filing false records or | ||
reports in
his or her
practice,
including but not limited | ||
to false records filed with State agencies or
departments. | ||
(11) Physical illness, mental illness, or other | ||
impairment or disability, including, but not limited to,
| ||
deterioration
through the aging process, or loss of motor | ||
skill that results in
the
inability to practice the | ||
profession with reasonable judgment, skill or safety. | ||
(12) Disregard or violation of this Act or of any rule
| ||
issued pursuant to this Act. | ||
(13) Aiding or abetting another in the violation of | ||
this Act
or any rule
or regulation issued pursuant to this | ||
Act. |
(14) Allowing one's license to be used by an unlicensed
| ||
person. | ||
(15) (Blank).
| ||
(16) Professional incompetence in the practice of | ||
nursing
home administration. | ||
(17) Conviction of a violation of Section 12-19 of the
| ||
Criminal Code of
1961 for the abuse and gross neglect of a | ||
long term care facility resident. | ||
(18) Violation of the Nursing Home Care Act or the | ||
MR/DD Community Care Act or of any rule
issued under the | ||
Nursing Home Care Act or the MR/DD Community Care Act. A | ||
final adjudication of a Type "AA" violation of the Nursing | ||
Home Care Act made by the Illinois Department of Public | ||
Health, as identified by rule, relating to the hiring, | ||
training, planning, organizing, directing, or supervising | ||
the operation of a nursing home and a licensee's failure to | ||
comply with this Act or the rules adopted under this Act, | ||
shall create a rebuttable presumption of a violation of | ||
this subsection. | ||
(19) Failure to report to the Department any adverse | ||
final action taken against the licensee by a licensing | ||
authority of another state, territory of the United States, | ||
or foreign country; or by any governmental or law | ||
enforcement agency; or by any court for acts or conduct | ||
similar to acts or conduct that would constitute grounds | ||
for disciplinary action under this Section. |
(20) Failure to report to the Department the surrender | ||
of a license or authorization to practice as a nursing home | ||
administrator in another state or jurisdiction for acts or | ||
conduct similar to acts or conduct that would constitute | ||
grounds for disciplinary action under this Section. | ||
(21) Failure to report to the Department any adverse | ||
judgment, settlement, or award arising from a liability | ||
claim related to acts or conduct similar to acts or conduct | ||
that would constitute grounds for disciplinary action | ||
under this Section. | ||
All proceedings to suspend, revoke, place on
probationary | ||
status, or take any other disciplinary action
as the Department | ||
may deem proper, with regard to a license
on any of the | ||
foregoing grounds, must be commenced within
5
years next after | ||
receipt by the Department of (i) a
complaint
alleging the | ||
commission of or notice of the conviction order
for any of the | ||
acts described herein or (ii) a referral for investigation
| ||
under
Section 3-108 of the Nursing Home Care Act. | ||
The entry of an order or judgment by any circuit court | ||
establishing that
any person holding a license under this Act | ||
is a person in need of mental
treatment operates as a | ||
suspension of that license. That person may resume
their | ||
practice only upon the entry of a Department order based upon a
| ||
finding by the Board that they have been determined to
be | ||
recovered from mental illness by the court and upon the
Board's | ||
recommendation that they be permitted to resume their practice. |
The Department, upon the recommendation of the
Board, may
| ||
adopt rules which set forth
standards to be used in determining | ||
what constitutes: | ||
(i)
when a person will be deemed sufficiently
| ||
rehabilitated to warrant the public trust; | ||
(ii)
dishonorable, unethical or
unprofessional conduct | ||
of a character likely to deceive,
defraud, or harm the | ||
public; | ||
(iii)
immoral conduct in the commission
of any act | ||
related to the licensee's practice; and | ||
(iv)
professional incompetence in the practice
of | ||
nursing home administration. | ||
However, no such rule shall be admissible into evidence
in | ||
any civil action except for review of a licensing or
other | ||
disciplinary action under this Act. | ||
In enforcing this Section, the Department or Board, upon a | ||
showing of a
possible
violation,
may compel any individual | ||
licensed to practice under this
Act, or who has applied for | ||
licensure
pursuant to this Act, to submit to a mental or | ||
physical
examination, or both, as required by and at the | ||
expense of
the Department. The examining physician or | ||
physicians shall
be those specifically designated by the | ||
Department or Board.
The Department or Board may order the | ||
examining physician to present
testimony
concerning this | ||
mental or physical examination of the licensee or applicant. No
| ||
information shall be excluded by reason of any common law or |
statutory
privilege relating to communications between the | ||
licensee or applicant and the
examining physician.
The | ||
individual to be examined may have, at his or her own
expense, | ||
another physician of his or her choice present
during all | ||
aspects of the examination. Failure of any
individual to submit | ||
to mental or physical examination, when
directed, shall be | ||
grounds for suspension of his or her
license until such time as | ||
the individual submits to the
examination if the Department | ||
finds, after notice
and hearing, that the refusal to submit to | ||
the examination
was without reasonable cause. | ||
If the Department or Board
finds an individual unable to | ||
practice
because of the reasons
set forth in this Section, the | ||
Department or Board shall
require such individual to submit to | ||
care, counseling, or
treatment by physicians approved or | ||
designated by the
Department or Board, as a condition, term, or | ||
restriction for
continued,
reinstated, or renewed licensure to | ||
practice; or in lieu of care, counseling,
or
treatment, the | ||
Department may file, or the Board may recommend to the
| ||
Department to
file, a complaint to
immediately suspend, revoke, | ||
or otherwise discipline the license of the
individual.
Any | ||
individual whose license was granted pursuant to
this Act or | ||
continued, reinstated, renewed,
disciplined or supervised, | ||
subject to such terms, conditions
or restrictions who shall | ||
fail to comply with such terms,
conditions or restrictions
| ||
shall be referred to the Secretary
for a
determination as to | ||
whether the licensee shall have his or her
license suspended |
immediately, pending a hearing by the
Department. In instances | ||
in which the Secretary
immediately suspends a license under | ||
this Section, a hearing
upon such person's license must be | ||
convened by the
Board within 30
days after such suspension and
| ||
completed without appreciable delay. The Department and Board
| ||
shall have the authority to review the subject administrator's
| ||
record of treatment and counseling regarding the impairment,
to | ||
the extent permitted by applicable federal statutes and
| ||
regulations safeguarding the confidentiality of medical | ||
records. | ||
An individual licensed under this Act, affected under
this | ||
Section, shall be afforded an opportunity to
demonstrate to the | ||
Department or Board that he or she can
resume
practice in | ||
compliance with acceptable and prevailing
standards under the | ||
provisions of his or her license. | ||
(b) Any individual or
organization acting in good faith, | ||
and not in a wilful and
wanton manner, in complying with this | ||
Act by providing any
report or other information to the | ||
Department, or
assisting in the investigation or preparation of | ||
such
information, or by participating in proceedings of the
| ||
Department, or by serving as a member of the
Board, shall not, | ||
as a result of such actions,
be subject to criminal prosecution | ||
or civil damages. | ||
(c) Members of the Board, and persons
retained under | ||
contract to assist and advise in an investigation,
shall be | ||
indemnified by the State for any actions
occurring within the |
scope of services on or for the Board, done in good
faith
and | ||
not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful and wanton. | ||
Should the Attorney General decline representation,
a | ||
person entitled to indemnification under this Section shall | ||
have the
right to employ counsel of his or her
choice, whose | ||
fees shall be provided by the State, after
approval by the | ||
Attorney General, unless there is a
determination by a court | ||
that the member's actions were not
in good faith or were wilful | ||
and wanton. | ||
A person entitled to indemnification under this
Section | ||
must notify the Attorney General within 7
days of receipt of | ||
notice of the initiation of any action
involving services of | ||
the Board. Failure to so
notify the Attorney General shall | ||
constitute an absolute
waiver of the right to a defense and | ||
indemnification. | ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will undertake to | ||
represent
a
person entitled to indemnification under this | ||
Section. | ||
(d) The determination by a circuit court that a licensee is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities |
Code, as amended, operates as an
automatic suspension. Such | ||
suspension will end only upon a finding by a
court that the | ||
patient is no longer subject to involuntary admission or
| ||
judicial admission and issues an order so finding and | ||
discharging the
patient; and upon the recommendation of the | ||
Board to the Secretary
that
the licensee be allowed to resume | ||
his or her practice. | ||
(e) The Department may refuse to issue or may suspend the | ||
license of
any person who fails to file a return, or to pay the | ||
tax, penalty or
interest shown in a filed return, or to pay any | ||
final assessment of tax,
penalty or interest, as required by | ||
any tax Act administered by the Department of Revenue, until | ||
such time as the requirements of any
such tax Act are | ||
satisfied. | ||
(f) The Department of Public Health shall transmit to the
| ||
Department a list of those facilities which receive an "A" | ||
violation as
defined in Section 1-129 of the Nursing Home Care | ||
Act. | ||
(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.) | ||
(225 ILCS 70/17.1 new) | ||
Sec. 17.1. Reports of violations of Act or other conduct. | ||
(a) The owner or licensee of a long term care facility | ||
licensed under the Nursing Home Care Act who employs or | ||
contracts with a licensee under this Act shall report to the | ||
Department any instance of which he or she has knowledge |
arising in connection with operations of the health care | ||
institution, including the administration of any law by the | ||
institution, in which a licensee under this Act has either | ||
committed an act or acts which may constitute a violation of | ||
this Act or unprofessional conduct related directly to patient | ||
care, or which may indicate that the licensee may be mentally | ||
or physically disabled in such a manner as to endanger patients | ||
under that licensee's care. Additionally, every nursing home | ||
shall report to the Department any instance when a licensee is | ||
terminated for cause which would constitute a violation of this | ||
Act. The Department may take disciplinary or non-disciplinary | ||
action if the termination is based upon unprofessional conduct | ||
related to planning, organizing, directing, or supervising the | ||
operation of a nursing home as defined by this Act or other | ||
conduct by the licensee that would be a violation of this Act | ||
or rules. | ||
For the purposes of this subsection, "owner" does not mean | ||
the owner of the real estate or physical plant who does not | ||
hold management or operational control of the licensed long | ||
term care facility. | ||
(b) Any insurance company that offers policies of | ||
professional liability insurance to licensees, or any other | ||
entity that seeks to indemnify the professional liability of a | ||
licensee, shall report the settlement of any claim or adverse | ||
final judgment rendered in any action that alleged negligence | ||
in planning, organizing, directing, or supervising the |
operation of a nursing home by the licensee. | ||
(c) The State's Attorney of each county shall report to the | ||
Department each instance in which a licensee is convicted of or | ||
enters a plea of guilty or nolo contendere to any crime that is | ||
a felony, or of which an essential element is dishonesty, or | ||
that is directly related to the practice of the profession of | ||
nursing home administration. | ||
(d) Any agency, board, commission, department, or other | ||
instrumentality of the government of the State of Illinois | ||
shall report to the Department any instance arising in | ||
connection with the operations of the agency, including the | ||
administration of any law by the agency, in which a licensee | ||
under this Act has either committed an act or acts which may | ||
constitute a violation of this Act or unprofessional conduct | ||
related directly to planning, organizing, directing or | ||
supervising the operation of a nursing home, or which may | ||
indicate that a licensee may be mentally or physically disabled | ||
in such a manner as to endanger others. | ||
(e) All reports required by items (19), (20), and (21) of | ||
subsection (a) of Section 17 and by this Section 17.1 shall be | ||
submitted to the Department in a timely fashion. The reports | ||
shall be filed in writing within 60 days after a determination | ||
that a report is required under this Section. All reports shall | ||
contain the following information: | ||
(1) The name, address, and telephone number of the | ||
person making the report. |
(2) The name, address, and telephone number of the | ||
person who is the subject of the report. | ||
(3) The name and date of birth of any person or persons | ||
whose treatment is a subject of the report, or other means | ||
of identification if that information is not available, and | ||
identification of the nursing home facility where the care | ||
at issue in the report was rendered. | ||
(4) A brief description of the facts which gave rise to | ||
the issuance of the report, including the dates of any | ||
occurrences deemed to necessitate the filing of the report. | ||
(5) If court action is involved, the identity of the | ||
court in which the action is filed, along with the docket | ||
number and the date the action was filed. | ||
(6) Any further pertinent information that the | ||
reporting party deems to be an aid in evaluating the | ||
report. | ||
If the Department receives a written report concerning an | ||
incident required to be reported under item (19), (20), or (21) | ||
of subsection (a) of Section 17, then the licensee's failure to | ||
report the incident to the Department within 60 days may not be | ||
the sole ground for any disciplinary action against the | ||
licensee. | ||
(f) Any individual or organization acting in good faith, | ||
and not in a wilful and wanton manner, in complying with this | ||
Section by providing any report or other information to the | ||
Department, by assisting in the investigation or preparation of |
such information, by voluntarily reporting to the Department | ||
information regarding alleged errors or negligence by a | ||
licensee, or by participating in proceedings of the Department, | ||
shall not, as a result of such actions, be subject to criminal | ||
prosecution or civil damages. | ||
(g) Upon the receipt of any report required by this | ||
Section, the Department shall notify in writing, by certified | ||
mail, the person who is the subject of the report. The | ||
notification shall be made within 30 days after the | ||
Department's receipt of the report. | ||
The notification shall include a written notice setting | ||
forth the person's right to examine the report.
The | ||
notification shall also include the address at which the file | ||
is maintained, the name of the custodian of the file, and the | ||
telephone number at which the custodian may be reached. The | ||
person who is the subject of the report shall submit a written | ||
statement responding, clarifying, adding to, or proposing the | ||
amending of the report previously filed. The statement shall | ||
become a permanent part of the file and must be received by the | ||
Department no more than 30 days after the date on which the | ||
person was notified by the Department of the existence of the | ||
original report. | ||
The Department shall review a report received by it, | ||
together with any supporting information and responding | ||
statements submitted by the person who is the subject of the | ||
report. The review by the Department shall be in a timely |
manner, but in no event shall the Department's initial review | ||
of the material contained in each disciplinary file last less | ||
than 61 days nor more than 180 days after the receipt of the | ||
initial report by the Department. | ||
When the Department makes its initial review of the | ||
materials contained within its disciplinary files, the | ||
Department shall, in writing, make a determination as to | ||
whether there are sufficient facts to warrant further | ||
investigation or action. Failure to make such a determination | ||
within the time provided shall be deemed to be a determination | ||
that there are not sufficient facts to warrant further | ||
investigation or action. The Department shall notify the person | ||
who is the subject of the report of any final action on the | ||
report. | ||
(h) A violation of this Section is a Class A misdemeanor. | ||
(i) If any person or entity violates this Section, then an | ||
action may be brought in the name of the People of the State of | ||
Illinois, through the Attorney General of the State of | ||
Illinois, for an order enjoining the violation or for an order | ||
enforcing compliance with this Section. Upon filing of a | ||
verified petition in the court, the court may issue a temporary | ||
restraining order without notice or bond and may preliminarily | ||
or permanently enjoin the violation. If it is established that | ||
the person or entity has violated or is violating the | ||
injunction, the court may punish the offender for contempt of | ||
court. Proceedings under this subsection (i) shall be in |
addition to, and not in lieu of, all other remedies and | ||
penalties provided for by this Section. | ||
(225 ILCS 70/38 new) | ||
Sec. 38. Whistleblower protection. Any individual or | ||
organization acting in good faith, and not in a willful and | ||
wanton manner, in complying with this Act by providing any | ||
report or other information to the Department, or assisting in | ||
the investigation or preparation of such information, or by | ||
voluntarily reporting to the Department information regarding | ||
alleged errors or negligence by a licensee, or by participating | ||
in proceedings of the Department, shall not, as a result of | ||
such actions, be subject to criminal prosecution or civil | ||
damages. | ||
Section 40. The Illinois Public Aid Code is amended by | ||
changing Section 5-5.12 and adding Sections 5-27 and 5-28 as | ||
follows:
| ||
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
| ||
Sec. 5-5.12. Pharmacy payments.
| ||
(a) Every request submitted by a pharmacy for reimbursement | ||
under this
Article for prescription drugs provided to a | ||
recipient of aid under this
Article shall include the name of | ||
the prescriber or an acceptable
identification number as | ||
established by the Department.
|
(b) Pharmacies providing prescription drugs under
this | ||
Article shall be reimbursed at a rate which shall include
a | ||
professional dispensing fee as determined by the Illinois
| ||
Department, plus the current acquisition cost of the | ||
prescription
drug dispensed. The Illinois Department shall | ||
update its
information on the acquisition costs of all | ||
prescription drugs
no less frequently than every 30 days. | ||
However, the Illinois
Department may set the rate of | ||
reimbursement for the acquisition
cost, by rule, at a | ||
percentage of the current average wholesale
acquisition cost.
| ||
(c) (Blank).
| ||
(d) The Department shall not impose requirements for prior | ||
approval
based on a preferred drug list for anti-retroviral, | ||
anti-hemophilic factor
concentrates,
or
any atypical | ||
antipsychotics, conventional antipsychotics,
or | ||
anticonvulsants used for the treatment of serious mental
| ||
illnesses
until 30 days after it has conducted a study of the | ||
impact of such
requirements on patient care and submitted a | ||
report to the Speaker of the
House of Representatives and the | ||
President of the Senate.
| ||
(e) The Department shall cooperate with the Department of | ||
Public Health and the Department of Human Services Division of | ||
Mental Health in identifying psychotropic medications that, | ||
when given in a particular form, manner, duration, or frequency | ||
(including "as needed") in a dosage, or in conjunction with | ||
other psychotropic medications to a nursing home resident, may |
constitute a chemical restraint or an "unnecessary drug" as | ||
defined by the Nursing Home Care Act or Titles XVIII and XIX of | ||
the Social Security Act and the implementing rules and | ||
regulations. The Department shall require prior approval for | ||
any such medication prescribed for a nursing home resident that | ||
appears to be a chemical restraint or an unnecessary drug. The | ||
Department shall consult with the Department of Human Services | ||
Division of Mental Health in developing a protocol and criteria | ||
for deciding whether to grant such prior approval. | ||
(Source: P.A. 93-106, eff. 7-8-03; 94-48, eff. 7-1-05.)
| ||
(305 ILCS 5/5-27 new) | ||
Sec. 5-27. Nursing home workgroup. | ||
(a) The Director of the Department of Healthcare and Family | ||
Services shall convene a workgroup composed of representatives | ||
of nursing home resident advocates, representatives of long | ||
term care providers, representatives of labor and | ||
employee-representation organizations, and all relevant State | ||
agencies, for the purpose of developing a proposal to be | ||
presented to the General Assembly no later than November 1, | ||
2010. The proposal shall address the following issues: | ||
(1) Staffing standards necessary to the provision of | ||
care and services and the preservation of resident safety. | ||
(2) A comprehensive rate review giving consideration | ||
to adopting an evidence-based rate methodology. | ||
(3) The development of a provider assessment. |
(b) This Section is repealed, and the workgroup shall be | ||
dissolved, on January 1, 2011. | ||
(305 ILCS 5/5-28 new) | ||
Sec. 5-28. Community transition resources. The Department | ||
of Healthcare and Family Services, in collaboration with all | ||
relevant agencies, shall develop a Community Transition Plan to | ||
allow nursing facility residents who are determined to be | ||
appropriate for transition to the community to access or | ||
acquire resources to support the transition. These strategies | ||
may include, but need not be limited to, enhancement of the | ||
Community Home Maintenance Allowance, retention of income from | ||
work, and incorporation of community transition services into | ||
existing home and community-based waiver programs. | ||
Section 93. Intent. Nothing in this Act is intended to | ||
apply to any facility that is subject to licensure under the | ||
MR/DD Community Care Act on or after July 1, 2010. | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|