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| Public Act 098-0505 | ||||
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AN ACT concerning regulation.
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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 Nursing Home Care Act is amended by changing | ||||
Sections 3-208 and 3-304.1 as follows:
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(210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208)
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Sec. 3-208. (a) Each licensee shall file annually, or more | ||||
often as
the Director shall by rule prescribe, an attested | ||||
financial statement.
The Director may order an audited | ||||
financial statement
of a particular facility by an auditor of | ||||
the Director's choice, provided
the cost of such audit is paid | ||||
by the Department.
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(b) No public funds shall be expended for the maintenance | ||||
of any
resident in a facility which has failed to file the | ||||
financial statement
required under this Section and no public | ||||
funds shall be paid to or on
behalf of a facility which has | ||||
failed to file a statement.
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(c) The Director of Public Health and the Director of | ||||
Healthcare and Family Services
shall promulgate under Sections | ||||
3-801 and 3-802, one set of regulations
for the filing of these | ||||
financial statements, and shall provide in these
regulations | ||||
for forms, required information, intervals and dates of
filing | ||||
and such other provisions as they may deem necessary.
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(c-5) A facility which is owned by a chain organization as | ||
defined by the Centers for Medicare and Medicaid Services shall | ||
submit annually to the Department a copy of the Home Office | ||
Cost Statement required to be submitted by the home office of | ||
the chain to the United States Department of Health and Human | ||
Services. This Home Office Cost Statement contains | ||
proprietary, privileged, and confidential information that | ||
shall not be placed on the World Wide Web. Any request from the | ||
public received by any public agency to disclose this Home | ||
Office Cost Statement shall be subject to the provisions of the | ||
Freedom of Information Act. | ||
(d) The Director of Public Health and the Director of | ||
Healthcare and Family Services
shall seek the advice and | ||
comments of other State and federal agencies
which require the | ||
submission of financial data from facilities licensed
under | ||
this Act and shall incorporate the information requirements of
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these agencies so as to impose the least possible burden on | ||
licensees.
No other State agency may require submission of | ||
financial data except as
expressly authorized by law or as | ||
necessary to meet requirements of
federal statutes or | ||
regulations. Information obtained under this Section
shall be | ||
made available, upon request, by the Department to any other
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State agency or legislative commission to which such | ||
information is
necessary for investigations or required for the | ||
purposes of State or
federal law or regulation.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(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; | ||
(10) enforcement actions and enforcement summaries; | ||
and | ||
(11) distressed facilities; . | ||
(12) a link to the most recent facility cost report | ||
filed with the Department of Healthcare and Family | ||
Services; | ||
(13) a link to the most recent Consumer Choice | ||
Information Report filed with the Department on Aging; | ||
(14) whether the facility is part of a chain; the | ||
facility shall be deemed part of a chain if it meets | ||
criteria established by the United States Department of | ||
Health and Human Services that identify it as owned by a | ||
chain organization; | ||
(15) whether the facility is a for-profit or | ||
not-for-profit facility; and | ||
(16) whether the facility is or is part of a continuing | ||
care retirement community. | ||
(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. 96-1372, eff. 7-29-10.)
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