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92nd General Assembly

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Public Act 92-0784

SB2001 Enrolled                                LRB9214820DJmg

    AN ACT  to  create  the  Innovations  in  Long-term  Care
Quality Grants Act.

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

    Section 1. Short title. This Act  may  be  cited  as  the
Innovations in Long-term Care Quality Grants Act.

    Section  5.  Grant program. The Director of Public Health
shall  establish  a  long-term  care   grant   program   that
demonstrates  the best practices and innovation for long-term
care service, delivery, and housing.  The  grants  must  fund
programs  that  demonstrate  creativity  in service provision
through the scope of their program or service.

    Section 10. Eligibility for grant.  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.

    Section   15.  Innovations   in  Long-term  Care  Quality
Demonstration Grants Fund. There  is  created  in  the  State
treasury  a  special  fund  to be known as the 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 for demonstration grants  to  nursing  homes.   Interest
earned  on  moneys  in  the  Fund shall be deposited into the
Fund.
    Section 20. Award of grants.
    (a)  Applications  for  grants  must  be  made  on  forms
prescribed by the Director of Public Health.
    (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 a disabled advocacy
organization, one representative from the statewide ombudsman
organization, one representative from academia, 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.
    (d)  The  Director  shall  award  grants  based  on   the
recommendations of the commission and after a thorough review
of the compliance history of the long-term care facility.

    Section  95.   The  Nursing  Home  Care Act is amended by
changing Section 3-310 as follows:

    (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 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 to deduct the amount
    of the fine from amounts otherwise due from the State for
    the penalty 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 Innovations in
Long-term Care Quality Grants Act.
(Source: P.A. 86-663.)

    Section 300.  The State Finance Act is amended by  adding
Section 5.570 as follows:
    (30 ILCS 105/5.570 new)
    Sec.  5.570.   The  Innovations in Long-term Care Quality
Demonstration Grants Fund.

    Section 999. Effective date. This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 22, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

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