Illinois 2023-2024 Regular Session

Illinois House Bill HB2076 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0139
2	1		HB2076 EnrolledLRB103 27114 CPF 53482 b HB2076 Enrolled LRB103 27114 CPF 53482 b
3	2		HB2076 Enrolled LRB103 27114 CPF 53482 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Nursing Home Care Act is amended by
8		-	changing Section 3-304.2 as follows:
9		-	(210 ILCS 45/3-304.2)
10		-	Sec. 3-304.2. Designation of distressed facilities.
11		-	(a) (Blank). By May 1, 2011, and quarterly thereafter, the
12		-	Department shall generate and publish quarterly a list of
13		-	distressed facilities. Criteria for inclusion of certified
14		-	facilities on the list shall be those used by the U.S. General
15		-	Accounting Office in report 9-689, until such time as the
16		-	Department by rule modifies the criteria.
17		-	(b) (Blank). In deciding whether and how to modify the
18		-	criteria used by the General Accounting Office, the Department
19		-	shall complete a test run of any substitute criteria to
20		-	determine their reliability by comparing the number of
21		-	facilities identified as distressed against the number of
22		-	distressed facilities generated using the criteria contained
23		-	in the General Accounting Office report. The Department may
24		-	not adopt substitute criteria that generate fewer facilities
25		-	with a distressed designation than are produced by the General
26		-	Accounting Office criteria during the test run.
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Nursing Home Care Act is amended by
	7	+	5 changing Section 3-304.2 as follows:
	8	+	6 (210 ILCS 45/3-304.2)
	9	+	7 Sec. 3-304.2. Designation of distressed facilities.
	10	+	8 (a) (Blank). By May 1, 2011, and quarterly thereafter, the
	11	+	9 Department shall generate and publish quarterly a list of
	12	+	10 distressed facilities. Criteria for inclusion of certified
	13	+	11 facilities on the list shall be those used by the U.S. General
	14	+	12 Accounting Office in report 9-689, until such time as the
	15	+	13 Department by rule modifies the criteria.
	16	+	14 (b) (Blank). In deciding whether and how to modify the
	17	+	15 criteria used by the General Accounting Office, the Department
	18	+	16 shall complete a test run of any substitute criteria to
	19	+	17 determine their reliability by comparing the number of
	20	+	18 facilities identified as distressed against the number of
	21	+	19 distressed facilities generated using the criteria contained
	22	+	20 in the General Accounting Office report. The Department may
	23	+	21 not adopt substitute criteria that generate fewer facilities
	24	+	22 with a distressed designation than are produced by the General
	25	+	23 Accounting Office criteria during the test run.
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28	27
29	28
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33		-	(b-5) The Department shall, by rule, adopt criteria to
34		-	identify distressed facilities and shall publish a list of
35		-	distressed facilities quarterly. The Department shall, by
36		-	rule, create a timeframe and a procedure on how a facility can
37		-	be removed from the list. No facility shall be identified as a
38		-	distressed facility unless it has committed a violation or
39		-	deficiency that has harmed a resident.
40		-	(c) The Department shall, by rule, adopt criteria to
41		-	identify non-Medicaid-certified facilities that are distressed
42		-	and shall publish this list quarterly. The list may not
43		-	contain more than 40 facilities per quarter beginning October
44		-	1, 2011.
45		-	(d) The Department shall notify each facility of its
46		-	distressed designation, and of the calculation on which it is
47		-	based. A facility has the right to appeal a designation, and
48		-	the procedure for appealing shall be outlined in rule.
49		-	(e) A distressed facility may contract with an independent
50		-	consultant meeting criteria established by the Department. If
51		-	the distressed facility does not seek the assistance of an
52		-	independent consultant, the Department shall place a monitor
53		-	or a temporary manager in the facility, depending on the
54		-	Department's assessment of the condition of the facility.
55		-	(f) Independent consultant. A facility that has been
56		-	designated a distressed facility may contract with an
57		-	independent consultant to develop and assist in the
58		-	implementation of a plan of improvement to bring and keep the
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	33	+	HB2076 Enrolled - 2 - LRB103 27114 CPF 53482 b
	34	+	1 (b-5) The Department shall, by rule, adopt criteria to
	35	+	2 identify distressed facilities and shall publish a list of
	36	+	3 distressed facilities quarterly. The Department shall, by
	37	+	4 rule, create a timeframe and a procedure on how a facility can
	38	+	5 be removed from the list. No facility shall be identified as a
	39	+	6 distressed facility unless it has committed a violation or
	40	+	7 deficiency that has harmed a resident.
	41	+	8 (c) The Department shall, by rule, adopt criteria to
	42	+	9 identify non-Medicaid-certified facilities that are distressed
	43	+	10 and shall publish this list quarterly. The list may not
	44	+	11 contain more than 40 facilities per quarter beginning October
	45	+	12 1, 2011.
	46	+	13 (d) The Department shall notify each facility of its
	47	+	14 distressed designation, and of the calculation on which it is
	48	+	15 based. A facility has the right to appeal a designation, and
	49	+	16 the procedure for appealing shall be outlined in rule.
	50	+	17 (e) A distressed facility may contract with an independent
	51	+	18 consultant meeting criteria established by the Department. If
	52	+	19 the distressed facility does not seek the assistance of an
	53	+	20 independent consultant, the Department shall place a monitor
	54	+	21 or a temporary manager in the facility, depending on the
	55	+	22 Department's assessment of the condition of the facility.
	56	+	23 (f) Independent consultant. A facility that has been
	57	+	24 designated a distressed facility may contract with an
	58	+	25 independent consultant to develop and assist in the
	59	+	26 implementation of a plan of improvement to bring and keep the
59	60
60	61
61		-	facility in compliance with this Act and, if applicable, with
62		-	federal certification requirements. A facility that contracts
63		-	with an independent consultant shall have 90 days to develop a
64		-	plan of improvement and demonstrate a good faith effort at
65		-	implementation, and another 90 days to achieve compliance and
66		-	take whatever additional actions are called for in the
67		-	improvement plan to maintain compliance. A facility that the
68		-	Department determines has a plan of improvement likely to
69		-	bring and keep the facility in compliance and that has
70		-	demonstrated good faith efforts at implementation within the
71		-	first 90 days may be eligible to receive a grant under the
72		-	Equity in Long-term Care Quality Act to assist it in achieving
73		-	and maintaining compliance. In this subsection, "independent"
74		-	consultant means an individual who has no professional or
75		-	financial relationship with the facility, any person with a
76		-	reportable ownership interest in the facility, or any related
77		-	parties. In this subsection, "related parties" has the meaning
78		-	attributed to it in the instructions for completing Medicaid
79		-	cost reports.
80		-	(f-5) Monitor and temporary managers. A distressed
81		-	facility that does not contract with a consultant shall be
82		-	assigned a monitor or a temporary manager at the Department's
83		-	discretion. The monitor cost of the temporary manager shall be
84		-	paid by the facility. The temporary manager shall have the
85		-	authority determined by the Department, which may grant the
86		-	temporary manager any or all of the authority a court may grant
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88	63
89		-	a receiver. The temporary manager may apply to the Equity in
90		-	Long-term Care Quality Fund on behalf of the facility for
91		-	grant funds to implement the plan of improvement.
92		-	(g) The Department shall, by rule, establish a mentor
93		-	program for owners and operators of distressed facilities. The
94		-	mentor program shall provide technical assistance and guidance
95		-	to facilities.
96		-	(h) The Department shall by rule establish sanctions (in
97		-	addition to those authorized elsewhere in this Article)
98		-	against distressed facilities that are not in compliance with
99		-	this Act and (if applicable) with federal certification
100		-	requirements. Criteria for imposing sanctions shall take into
101		-	account a facility's actions to address the violations and
102		-	deficiencies that caused its designation as a distressed
103		-	facility, and its compliance with this Act and with federal
104		-	certification requirements (if applicable), subsequent to its
105		-	designation as a distressed facility, including mandatory
106		-	revocations if criteria can be agreed upon by the Department,
107		-	resident advocates, and representatives of the nursing home
108		-	profession. By February 1, 2011, the Department shall report
109		-	to the General Assembly on the results of negotiations about
110		-	creating criteria for mandatory license revocations of
111		-	distressed facilities and make recommendations about any
112		-	statutory changes it believes are appropriate to protect the
113		-	health, safety, and welfare of nursing home residents.
114		-	(i) The Department may establish, by rule, criteria for
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117		-	restricting an owner of a facility from acquiring additional
118		-	nursing facilities if the owner of a facility was placed on the
119		-	distressed list while it was owned by that owner from
120		-	acquiring additional skilled nursing facilities. The
121		-	Department may not prohibit an owner who acquires ownership of
122		-	a facility that is already on the distressed facility list
123		-	before the owner's acquisition of the facility from acquiring
124		-	additional skilled nursing facilities.
125		-	(j) This Section does not apply to homes, institutions, or
126		-	other places operated by or under the authority of the
127		-	Illinois Department of Veterans' Affairs as these facilities
128		-	are certified by the United States Department of Veterans
129		-	Affairs and not the Centers for Medicare and Medicaid
130		-	Services.
131		-	(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
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	69	+	HB2076 Enrolled - 3 - LRB103 27114 CPF 53482 b
	70	+	1 facility in compliance with this Act and, if applicable, with
	71	+	2 federal certification requirements. A facility that contracts
	72	+	3 with an independent consultant shall have 90 days to develop a
	73	+	4 plan of improvement and demonstrate a good faith effort at
	74	+	5 implementation, and another 90 days to achieve compliance and
	75	+	6 take whatever additional actions are called for in the
	76	+	7 improvement plan to maintain compliance. A facility that the
	77	+	8 Department determines has a plan of improvement likely to
	78	+	9 bring and keep the facility in compliance and that has
	79	+	10 demonstrated good faith efforts at implementation within the
	80	+	11 first 90 days may be eligible to receive a grant under the
	81	+	12 Equity in Long-term Care Quality Act to assist it in achieving
	82	+	13 and maintaining compliance. In this subsection, "independent"
	83	+	14 consultant means an individual who has no professional or
	84	+	15 financial relationship with the facility, any person with a
	85	+	16 reportable ownership interest in the facility, or any related
	86	+	17 parties. In this subsection, "related parties" has the meaning
	87	+	18 attributed to it in the instructions for completing Medicaid
	88	+	19 cost reports.
	89	+	20 (f-5) Monitor and temporary managers. A distressed
	90	+	21 facility that does not contract with a consultant shall be
	91	+	22 assigned a monitor or a temporary manager at the Department's
	92	+	23 discretion. The monitor cost of the temporary manager shall be
	93	+	24 paid by the facility. The temporary manager shall have the
	94	+	25 authority determined by the Department, which may grant the
	95	+	26 temporary manager any or all of the authority a court may grant
	96	+
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	98	+
	99	+
	100	+
	101	+	HB2076 Enrolled - 3 - LRB103 27114 CPF 53482 b
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	106	+	1 a receiver. The temporary manager may apply to the Equity in
	107	+	2 Long-term Care Quality Fund on behalf of the facility for
	108	+	3 grant funds to implement the plan of improvement.
	109	+	4 (g) The Department shall, by rule, establish a mentor
	110	+	5 program for owners and operators of distressed facilities. The
	111	+	6 mentor program shall provide technical assistance and guidance
	112	+	7 to facilities.
	113	+	8 (h) The Department shall by rule establish sanctions (in
	114	+	9 addition to those authorized elsewhere in this Article)
	115	+	10 against distressed facilities that are not in compliance with
	116	+	11 this Act and (if applicable) with federal certification
	117	+	12 requirements. Criteria for imposing sanctions shall take into
	118	+	13 account a facility's actions to address the violations and
	119	+	14 deficiencies that caused its designation as a distressed
	120	+	15 facility, and its compliance with this Act and with federal
	121	+	16 certification requirements (if applicable), subsequent to its
	122	+	17 designation as a distressed facility, including mandatory
	123	+	18 revocations if criteria can be agreed upon by the Department,
	124	+	19 resident advocates, and representatives of the nursing home
	125	+	20 profession. By February 1, 2011, the Department shall report
	126	+	21 to the General Assembly on the results of negotiations about
	127	+	22 creating criteria for mandatory license revocations of
	128	+	23 distressed facilities and make recommendations about any
	129	+	24 statutory changes it believes are appropriate to protect the
	130	+	25 health, safety, and welfare of nursing home residents.
	131	+	26 (i) The Department may establish, by rule, criteria for
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2076 Enrolled - 4 - LRB103 27114 CPF 53482 b
	138	+
	139	+
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	141	+	HB2076 Enrolled - 5 - LRB103 27114 CPF 53482 b
	142	+	1 restricting an owner of a facility from acquiring additional
	143	+	2 nursing facilities if the owner of a facility was placed on the
	144	+	3 distressed list while it was owned by that owner from
	145	+	4 acquiring additional skilled nursing facilities. The
	146	+	5 Department may not prohibit an owner who acquires ownership of
	147	+	6 a facility that is already on the distressed facility list
	148	+	7 before the owner's acquisition of the facility from acquiring
	149	+	8 additional skilled nursing facilities.
	150	+	9 (j) This Section does not apply to homes, institutions, or
	151	+	10 other places operated by or under the authority of the
	152	+	11 Illinois Department of Veterans' Affairs as these facilities
	153	+	12 are certified by the United States Department of Veterans
	154	+	13 Affairs and not the Centers for Medicare and Medicaid
	155	+	14 Services.
	156	+	15 (Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
	157	+
	158	+
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