Illinois 2023-2024 Regular Session

Illinois House Bill HB2375 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2375 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new Amends the Life Care Facilities Act. Defines "governing body", "proposed action", and "residents' association". Provides that a resident of a life care facility has the right to organize and participate in a residents' association. Prohibits reprisal by a provider for various actions taken by a residents' association. Requires a provider's governing body to hold annual meetings on and after July 1, 2023 at each of the provider's facilities located in the State for open discussion of specified subjects. Directs providers to make statements of financial activities for the facility and a written explanation of all material variances of actual costs with budget costs calculated in the statements of financial activities on and after January 1, 2024. Requires the Department of Public Health to ensure that providers comply with the provisions. Contains requirements for notice of noncompliance. Requires providers to cure noncompliance within 30 days after being notified by the Department. Contains other provisions. Effective immediately. LRB103 25507 CPF 51856 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2375 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new 210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new Amends the Life Care Facilities Act. Defines "governing body", "proposed action", and "residents' association". Provides that a resident of a life care facility has the right to organize and participate in a residents' association. Prohibits reprisal by a provider for various actions taken by a residents' association. Requires a provider's governing body to hold annual meetings on and after July 1, 2023 at each of the provider's facilities located in the State for open discussion of specified subjects. Directs providers to make statements of financial activities for the facility and a written explanation of all material variances of actual costs with budget costs calculated in the statements of financial activities on and after January 1, 2024. Requires the Department of Public Health to ensure that providers comply with the provisions. Contains requirements for notice of noncompliance. Requires providers to cure noncompliance within 30 days after being notified by the Department. Contains other provisions. Effective immediately. LRB103 25507 CPF 51856 b LRB103 25507 CPF 51856 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2375 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new 210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new
4	4	210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2
5	5	210 ILCS 40/13 new
6	6	Amends the Life Care Facilities Act. Defines "governing body", "proposed action", and "residents' association". Provides that a resident of a life care facility has the right to organize and participate in a residents' association. Prohibits reprisal by a provider for various actions taken by a residents' association. Requires a provider's governing body to hold annual meetings on and after July 1, 2023 at each of the provider's facilities located in the State for open discussion of specified subjects. Directs providers to make statements of financial activities for the facility and a written explanation of all material variances of actual costs with budget costs calculated in the statements of financial activities on and after January 1, 2024. Requires the Department of Public Health to ensure that providers comply with the provisions. Contains requirements for notice of noncompliance. Requires providers to cure noncompliance within 30 days after being notified by the Department. Contains other provisions. Effective immediately.
7	7	LRB103 25507 CPF 51856 b LRB103 25507 CPF 51856 b
8	8	LRB103 25507 CPF 51856 b
9	9	A BILL FOR
10	10	HB2375LRB103 25507 CPF 51856 b HB2375 LRB103 25507 CPF 51856 b
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12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Life Care Facilities Act is amended by
16	16	5 changing Section 2 and by adding Section 13 as follows:
17	17	6 (210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)
18	18	7 Sec. 2. As used in this Act, unless the context otherwise
19	19	8 requires:
20	20	9 (a) "Department" means the Department of Public Health.
21	21	10 (b) "Director" means the Director of the Department.
22	22	11 (c) "Life care contract" means a contract to provide to a
23	23	12 person for the duration of such person's life or for a term in
24	24	13 excess of one year, nursing services, medical services or
25	25	14 personal care services, in addition to maintenance services
26	26	15 for such person in a facility, conditioned upon the transfer
27	27	16 of an entrance fee to the provider of such services in addition
28	28	17 to or in lieu of the payment of regular periodic charges for
29	29	18 the care and services involved.
30	30	19 (d) "Provider" means a person who provides services
31	31	20 pursuant to a life care contract.
32	32	21 (e) "Resident" means a person who enters into a life care
33	33	22 contract with a provider, or who is designated in a life care
34	34	23 contract to be a person provided with maintenance and nursing,
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2375 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
39	39	210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new 210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2 210 ILCS 40/13 new
40	40	210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2
41	41	210 ILCS 40/13 new
42	42	Amends the Life Care Facilities Act. Defines "governing body", "proposed action", and "residents' association". Provides that a resident of a life care facility has the right to organize and participate in a residents' association. Prohibits reprisal by a provider for various actions taken by a residents' association. Requires a provider's governing body to hold annual meetings on and after July 1, 2023 at each of the provider's facilities located in the State for open discussion of specified subjects. Directs providers to make statements of financial activities for the facility and a written explanation of all material variances of actual costs with budget costs calculated in the statements of financial activities on and after January 1, 2024. Requires the Department of Public Health to ensure that providers comply with the provisions. Contains requirements for notice of noncompliance. Requires providers to cure noncompliance within 30 days after being notified by the Department. Contains other provisions. Effective immediately.
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44	44	LRB103 25507 CPF 51856 b
45	45	A BILL FOR
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51	51	210 ILCS 40/2 from Ch. 111 1/2, par. 4160-2
52	52	210 ILCS 40/13 new
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71	71	1 medical or personal care services.
72	72	2 (f) "Facility" means a place or places in which a provider
73	73	3 undertakes to provide a resident with nursing services,
74	74	4 medical services or personal care services, in addition to
75	75	5 maintenance services for a term in excess of one year or for
76	76	6 life pursuant to a life care contract. The term also means a
77	77	7 place or places in which a provider undertakes to provide such
78	78	8 services to a non-resident.
79	79	9 (g) "Living unit" means an apartment, room or other area
80	80	10 within a facility set aside for the exclusive use of one or
81	81	11 more identified residents.
82	82	12 (h) "Entrance fee" means an initial or deferred transfer
83	83	13 to a provider of a sum of money or property, made or promised
84	84	14 to be made by a person entering into a life care contract,
85	85	15 which assures a resident of services pursuant to a life care
86	86	16 contract.
87	87	17 (i) "Permit" means a written authorization to enter into
88	88	18 life care contracts issued by the Department to a provider.
89	89	19 (j) "Medical services" means those services pertaining to
90	90	20 medical or dental care that are performed in behalf of
91	91	21 patients at the direction of a physician licensed under the
92	92	22 Medical Practice Act of 1987 or a dentist licensed under the
93	93	23 Illinois Dental Practice Act by such physicians or dentists,
94	94	24 or by a registered or licensed practical nurse as defined in
95	95	25 the Nurse Practice Act or by other professional and technical
96	96	26 personnel.
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107	107	1 (k) "Nursing services" means those services pertaining to
108	108	2 the curative, restorative and preventive aspects of nursing
109	109	3 care that are performed at the direction of a physician
110	110	4 licensed under the Medical Practice Act of 1987 by or under the
111	111	5 supervision of a registered or licensed practical nurse as
112	112	6 defined in the Nurse Practice Act.
113	113	7 (l) "Personal care services" means assistance with meals,
114	114	8 dressing, movement, bathing or other personal needs or
115	115	9 maintenance, or general supervision and oversight of the
116	116	10 physical and mental well-being of an individual, who is
117	117	11 incapable of maintaining a private, independent residence or
118	118	12 who is incapable of managing his person whether or not a
119	119	13 guardian has been appointed for such individual.
120	120	14 (m) "Maintenance services" means food, shelter and laundry
121	121	15 services.
122	122	16 (n) "Certificates of Need" means those permits issued
123	123	17 pursuant to the Illinois Health Facilities Planning Act as now
124	124	18 or hereafter amended.
125	125	19 (o) "Non-resident" means a person admitted to a facility
126	126	20 who has not entered into a life care contract.
127	127	21 (p) "Governing body" means the board of directors or other
128	128	22 body having the power to direct the management and policies of
129	129	23 a facility operated by a provider that is a corporation,
130	130	24 partnership, trust, or limited liability company.
131	131	25 (q) "Proposed action" means a decision for which a vote is
132	132	26 taken by a governing body and that is related to budget
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143	143	1 approvals or amendments, changes to fees paid by residents,
144	144	2 and contracts for services provided to existing residents.
145	145	3 (r) "Residents' association" means a group, committee,
146	146	4 council, or other body of residents formed as a nonprofit
147	147	5 corporation, cooperative corporation, or other entity or
148	148	6 organization that represents the interests of at least a
149	149	7 majority of the facility's residents.
150	150	8 (Source: P.A. 95-639, eff. 10-5-07.)
151	151	9 (210 ILCS 40/13 new)
152	152	10 Sec. 13. Residents' associations.
153	153	11 (a) A resident has the right to organize and participate
154	154	12 in a residents' association. Reprisal by a provider is not
155	155	13 permitted in response to a residents' association's
156	156	14 activities, including, but not limited to, efforts to form a
157	157	15 residents' association, to participate in a residents'
158	158	16 association, or to submit a complaint to the Department
159	159	17 regarding a provider's violation of this Section or any other
160	160	18 State or federal law.
161	161	19 (b) On and after July 1, 2023, a representative of a
162	162	20 provider's governing body must hold an annual meeting at each
163	163	21 of the provider's facilities located in the State for open
164	164	22 discussion of subjects, including, but not limited to, the
165	165	23 facility's income, expenditures, and financial trends; issues
166	166	24 affecting the continuing care offered by the retirement
167	167	25 community; and proposed changes in retirement community
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178	178	1 policies, programs, and services. Annual meetings required
179	179	2 under this subsection shall be held with the facility's
180	180	3 residents' association, if one exists, or the residents of the
181	181	4 facility. Notice of a meeting under this subsection shall be
182	182	5 provided to residents of the respective facility no later than
183	183	6 30 days before the meeting. Any meeting required under this
184	184	7 subsection may be held by electronic means, such as by
185	185	8 teleconference, video conference, distribution of a video made
186	186	9 available to residents, or an Internet-based meeting platform
187	187	10 allowing for resident questions, the ability to interact with
188	188	11 the meeting's presenter, or both. If a provider does not have a
189	189	12 governing body, the requirements of this subsection shall be
190	190	13 fulfilled by the provider's officer, trustee, owner, or agent.
191	191	14 Nothing in this Section precludes a provider from taking
192	192	15 action or making a decision at any time without regard to the
193	193	16 meetings required under this Section.
194	194	17 (c) On and after January 1, 2024, within 60 days after
195	195	18 being requested by a residents' association or a committee of
196	196	19 the residents' association, a provider shall make available to
197	197	20 the residents' association of each facility operated by the
198	198	21 provider within the State:
199	199	22 (1) no more frequently than quarterly, a statement of
200	200	23 financial activities for the facility, which shall
201	201	24 include, but shall not be limited to, a comparison of
202	202	25 actual costs to budgeted costs, broken down by expense
203	203	26 category and calculated at an annual meeting held under
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214	214	1 subsection (b); and
215	215	2 (2) a written explanation of all material variances of
216	216	3 actual costs with budget costs calculated under paragraph
217	217	4 (1).
218	218	5 A provider shall designate and make available personnel at
219	219	6 each of its facilities located in the State to fulfill the
220	220	7 requirements of this subsection.
221	221	8 (d) The Department shall ensure that providers comply with
222	222	9 this Section. If a provider does not comply with this Section,
223	223	10 the Department shall provide written notice to the provider of
224	224	11 the noncompliance and the provider shall cure the
225	225	12 noncompliance within 30 days after receiving the notice from
226	226	13 the Department.
227	227	14 Section 99. Effective date. This Act takes effect upon
228	228	15 becoming law.
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