Illinois 2023-2024 Regular Session

Illinois House Bill HB5537 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB5537 EngrossedLRB103 37655 AWJ 67782 b HB5537 Engrossed LRB103 37655 AWJ 67782 b
2		-	HB5537 Engrossed LRB103 37655 AWJ 67782 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5537 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 20 ILCS 3960/5.455 ILCS 5/5-21001 from Ch. 34, par. 5-21001 Amends the Illinois Health Facilities Planning Act. Removes an exception for skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act from providing a Safety Net Impact Statement as part of its general review criteria. Includes nursing homes operated by a county in a list of safety net service providers. Provides that facilities operated by a county shall provide in the facility's Safety Net Impact Statement the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. Requires the State Board Staff Report to include a statement of findings regarding the project's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Adds referendum language for the selling, disposition of, or lease of a home. LRB103 37655 AWJ 67782 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5537 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 20 ILCS 3960/5.455 ILCS 5/5-21001 from Ch. 34, par. 5-21001 20 ILCS 3960/5.4 55 ILCS 5/5-21001 from Ch. 34, par. 5-21001 Amends the Illinois Health Facilities Planning Act. Removes an exception for skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act from providing a Safety Net Impact Statement as part of its general review criteria. Includes nursing homes operated by a county in a list of safety net service providers. Provides that facilities operated by a county shall provide in the facility's Safety Net Impact Statement the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. Requires the State Board Staff Report to include a statement of findings regarding the project's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Adds referendum language for the selling, disposition of, or lease of a home. LRB103 37655 AWJ 67782 b LRB103 37655 AWJ 67782 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5537 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
	3	+	20 ILCS 3960/5.455 ILCS 5/5-21001 from Ch. 34, par. 5-21001 20 ILCS 3960/5.4 55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
	4	+	20 ILCS 3960/5.4
	5	+	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
	6	+	Amends the Illinois Health Facilities Planning Act. Removes an exception for skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act from providing a Safety Net Impact Statement as part of its general review criteria. Includes nursing homes operated by a county in a list of safety net service providers. Provides that facilities operated by a county shall provide in the facility's Safety Net Impact Statement the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. Requires the State Board Staff Report to include a statement of findings regarding the project's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Adds referendum language for the selling, disposition of, or lease of a home.
	7	+	LRB103 37655 AWJ 67782 b LRB103 37655 AWJ 67782 b
	8	+	LRB103 37655 AWJ 67782 b
	9	+	A BILL FOR
	10	+	HB5537LRB103 37655 AWJ 67782 b HB5537 LRB103 37655 AWJ 67782 b
	11	+	HB5537 LRB103 37655 AWJ 67782 b
3	12		1 AN ACT concerning health.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Illinois Health Facilities Planning Act is
7	16		5 amended by changing Section 5.4 as follows:
8	17		6 (20 ILCS 3960/5.4)
9	18		7 (Section scheduled to be repealed on December 31, 2029)
10	19		8 Sec. 5.4. Safety Net Impact Statement.
11	20		9 (a) General review criteria shall include a requirement
12		-	10 that all health care facilities, ~~including nursing homes~~
13		-	11 ~~operated by a county,~~ ~~but otherwise with~~ the ~~exception of~~
14		-	12 ~~skilled and intermediate long-term~~ care ~~facilities licensed~~
15		-	13 ~~under the Nursing Home Care Act,~~ ~~provide~~ a ~~Safety Net Impact~~
16		-	14 ~~Statement, which shall be filed with an~~ application ~~for~~ a
17		-	15 ~~substantive project or when the application proposes to~~
18		-	16 ~~discontinue a category~~ of ~~service. A~~ Safety Net ~~Impact~~
19		-	17 ~~Statement shall also be filed with an application to change~~
20		-	18 ~~ownership of a nursing home operated by a county.~~
21		-	19 ~~(b) For the purposes~~ of ~~this Section, "safety net~~
22		-	20 ~~services" are services provided by health care providers~~ or
23		-	21 ~~organizations that deliver health care services to persons~~
24		-	22 ~~with barriers~~ to ~~mainstream health care due to lack of~~
25		-	23 ~~insurance~~, ~~inability to pay, special needs, ethnic or cultural~~
	21	+	10 that all health care facilities, with the exception of skilled
	22	+	11 and intermediate long-term care facilities licensed under the
	23	+	12 Nursing Home Care Act, provide a Safety Net Impact Statement,
	24	+	13 which shall be filed with an application for a substantive
	25	+	14 project or when the application proposes to discontinue a
	26	+	15 category of service.
	27	+	16 (b) For the purposes of this Section, "safety net
	28	+	17 services" are services provided by health care providers or
	29	+	18 organizations that deliver health care services to persons
	30	+	19 with barriers to mainstream health care due to lack of
	31	+	20 insurance, inability to pay, special needs, ethnic or cultural
	32	+	21 characteristics, or geographic isolation. Safety net service
	33	+	22 providers include, but are not limited to, hospitals and
	34	+	23 private practice physicians that provide charity care,
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34		-	1 characteristics, or geographic isolation. Safety net service
35		-	2 providers include, but are not limited to, hospitals and
36		-	3 private practice physicians that provide charity care,
37		-	4 school-based health centers, migrant health clinics, rural
38		-	5 health clinics, federally qualified health centers, community
39		-	6 health centers, public health departments, and community
40		-	7 mental health centers, and nursing homes operated by a county.
41		-	8 (c) As developed by the applicant, a Safety Net Impact
42		-	9 Statement shall describe all of the following:
43		-	10 (1) The project's material impact, if any, on
44		-	11 essential safety net services in the community, including
45		-	12 the impact on racial and health care disparities in the
46		-	13 community, to the extent that it is feasible for an
47		-	14 applicant to have such knowledge.
48		-	15 (2) The project's impact on the ability of another
49		-	16 provider or health care system to cross-subsidize safety
50		-	17 net services, if reasonably known to the applicant.
51		-	18 (3) How the discontinuation of a facility or service
52		-	19 might impact the remaining safety net providers in a given
53		-	20 community, if reasonably known by the applicant.
54		-	21 (d) Safety Net Impact Statements shall also include all of
55		-	22 the following:
56		-	23 (1) For the 3 fiscal years prior to the application, a
57		-	24 certification describing the amount of charity care
58		-	25 provided by the applicant. The amount calculated by
59		-	26 hospital applicants shall be in accordance with the
	38	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5537 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
	39	+	20 ILCS 3960/5.455 ILCS 5/5-21001 from Ch. 34, par. 5-21001 20 ILCS 3960/5.4 55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
	40	+	20 ILCS 3960/5.4
	41	+	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
	42	+	Amends the Illinois Health Facilities Planning Act. Removes an exception for skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act from providing a Safety Net Impact Statement as part of its general review criteria. Includes nursing homes operated by a county in a list of safety net service providers. Provides that facilities operated by a county shall provide in the facility's Safety Net Impact Statement the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. Requires the State Board Staff Report to include a statement of findings regarding the project's safety net impact under specified circumstances, and that the State Board Staff's assessment shall be considered in determining whether the project fulfills the public interest requirements. Amends the County Homes Division of the Counties Code. Removes a requirement that two-thirds of the county board is required sell, dispose of, or lease for any term, any part of the home properties, and requires a referendum before selling any home (rather than requiring a referendum only for homes that were erected after referendum approval by the voters of the county). Adds referendum language for the selling, disposition of, or lease of a home.
	43	+	LRB103 37655 AWJ 67782 b LRB103 37655 AWJ 67782 b
	44	+	LRB103 37655 AWJ 67782 b
	45	+	A BILL FOR
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	51	+	20 ILCS 3960/5.4
	52	+	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
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70		-	1 reporting requirements for charity care reporting in the
71		-	2 Illinois Community Benefits Act. Non-hospital applicants
72		-	3 shall report charity care, at cost, in accordance with an
73		-	4 appropriate methodology specified by the Board.
74		-	5 (2) For the 3 fiscal years prior to the application, a
75		-	6 certification of the amount of care provided to Medicaid
76		-	7 patients. Hospital and non-hospital applicants shall
77		-	8 provide Medicaid information in a manner consistent with
78		-	9 the information reported each year to the State Board
79		-	10 regarding "Inpatients and Outpatients Served by Payor
80		-	11 Source" and "Inpatient and Outpatient Net Revenue by Payor
81		-	12 Source" as required by the Board under Section 13 of this
82		-	13 Act and published in the Annual Hospital Profile. Nursing
83		-	14 homes operated by a county shall also provide the number
84		-	15 of the facility's Medicaid and Medicare certified beds for
85		-	16 the 3 fiscal years prior to the application.
86		-	17 (3) Any information the applicant believes is directly
87		-	18 relevant to safety net services, including information
88		-	19 regarding teaching, research, and any other service.
89		-	20 (e) The Board staff shall publish a notice, that an
90		-	21 application accompanied by a Safety Net Impact Statement has
91		-	22 been filed, in a newspaper having general circulation within
92		-	23 the area affected by the application. If no newspaper has a
93		-	24 general circulation within the county, the Board shall post
94		-	25 the notice in 5 conspicuous places within the proposed area.
95		-	26 (f) Any person, community organization, provider, or
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106		-	1 health system or other entity wishing to comment upon or
107		-	2 oppose the application may file a Safety Net Impact Statement
108		-	3 Response with the Board, which shall provide additional
109		-	4 information concerning a project's impact on safety net
110		-	5 services in the community.
111		-	6 (g) Applicants shall be provided an opportunity to submit
112		-	7 a reply to any Safety Net Impact Statement Response.
113		-	8 (h) The State Board Staff Report shall include a statement
114		-	9 as to whether a Safety Net Impact Statement was filed by the
115		-	10 applicant and whether it included information on charity care,
116		-	11 the amount of care provided to Medicaid patients, and
117		-	12 information on teaching, research, or any other service
118		-	13 provided by the applicant directly relevant to safety net
119		-	14 services. The report shall also indicate the names of the
120		-	15 parties submitting responses and the number of responses and
121		-	16 replies, if any, that were filed.
122		-	17 The State Board Staff Report shall also include a
123		-	18 statement of findings about an application's safety net impact
124		-	19 when the application:
125		-	20 (1) proposes a substantive project at a nursing home
126		-	21 operated by a county;
127		-	22 (2) includes a change of ownership of a nursing home
128		-	23 currently operated by a county; or
129		-	24 (3) proposes to discontinue services at a nursing home
130		-	25 operated by a county.
131		-	26 The findings shall be considered when determining whether
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	69	+	HB5537- 2 -LRB103 37655 AWJ 67782 b HB5537 - 2 - LRB103 37655 AWJ 67782 b
	70	+	HB5537 - 2 - LRB103 37655 AWJ 67782 b
	71	+	1 school-based health centers, migrant health clinics, rural
	72	+	2 health clinics, federally qualified health centers, community
	73	+	3 health centers, public health departments, and community
	74	+	4 mental health centers, and county-operated nursing homes.
	75	+	5 (c) As developed by the applicant, a Safety Net Impact
	76	+	6 Statement shall describe all of the following:
	77	+	7 (1) The project's material impact, if any, on
	78	+	8 essential safety net services in the community, including
	79	+	9 the impact on racial and health care disparities in the
	80	+	10 community, to the extent that it is feasible for an
	81	+	11 applicant to have such knowledge.
	82	+	12 (2) The project's impact on the ability of another
	83	+	13 provider or health care system to cross-subsidize safety
	84	+	14 net services, if reasonably known to the applicant.
	85	+	15 (3) How the discontinuation of a facility or service
	86	+	16 might impact the remaining safety net providers in a given
	87	+	17 community, if reasonably known by the applicant.
	88	+	18 (d) Safety Net Impact Statements shall also include all of
	89	+	19 the following:
	90	+	20 (1) For the 3 fiscal years prior to the application, a
	91	+	21 certification describing the amount of charity care
	92	+	22 provided by the applicant. The amount calculated by
	93	+	23 hospital applicants shall be in accordance with the
	94	+	24 reporting requirements for charity care reporting in the
	95	+	25 Illinois Community Benefits Act. Non-hospital applicants
	96	+	26 shall report charity care, at cost, in accordance with an
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	102	+	HB5537 - 2 - LRB103 37655 AWJ 67782 b
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142		-	1 an application fulfills the public interest requirements of
143		-	2 this Act.
144		-	3 (Source: P.A. 102-4, eff. 4-27-21.)
145		-	4 Section 10. The Counties Code is amended by changing
146		-	5 Section 5-21001 as follows:
147		-	6 (55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
148		-	7 Sec. 5-21001. Establishment and maintenance of county
149		-	8 home. In any county which establishes and maintains a county
150		-	9 sheltered care home or a county nursing home for the care of
151		-	10 infirm or chronically ill persons, as provided in Section
152		-	11 5-1005, the County Board shall have power:
153		-	12 1. To acquire in the name of the county by purchase, grant,
154		-	13 gift, or legacy, a suitable tract or tracts of land upon which
155		-	14 to erect and maintain the home, and in connection therewith a
156		-	15 farm or acreage for the purpose of providing supplies for the
157		-	16 home and employment for such patients as are able to work and
158		-	17 benefit thereby.
159		-	18 The board shall expend not more than $20,000 for the
160		-	19 purchase of any such land or the erection of buildings without
161		-	20 a 2/3 vote of all its members in counties of 300,000 or more
162		-	21 population, or a favorable vote of at least a majority of all
163		-	22 its members in counties under 300,000 population.
164		-	23 2. To receive in the name of the county, gifts and legacies
165		-	24 to aid in the erection or maintenance of the home.
	105	+	HB5537- 3 -LRB103 37655 AWJ 67782 b HB5537 - 3 - LRB103 37655 AWJ 67782 b
	106	+	HB5537 - 3 - LRB103 37655 AWJ 67782 b
	107	+	1 appropriate methodology specified by the Board.
	108	+	2 (2) For the 3 fiscal years prior to the application, a
	109	+	3 certification of the amount of care provided to Medicaid
	110	+	4 patients. Hospital and non-hospital applicants shall
	111	+	5 provide Medicaid information in a manner consistent with
	112	+	6 the information reported each year to the State Board
	113	+	7 regarding "Inpatients and Outpatients Served by Payor
	114	+	8 Source" and "Inpatient and Outpatient Net Revenue by Payor
	115	+	9 Source" as required by the Board under Section 13 of this
	116	+	10 Act and published in the Annual Hospital Profile.
	117	+	11 Facilities operated by a county shall also provide the
	118	+	12 number of the facility's Medicaid and Medicare certified
	119	+	13 beds for the 3 fiscal years prior to the application.
	120	+	14 (3) Any information the applicant believes is directly
	121	+	15 relevant to safety net services, including information
	122	+	16 regarding teaching, research, and any other service.
	123	+	17 (e) The Board staff shall publish a notice, that an
	124	+	18 application accompanied by a Safety Net Impact Statement has
	125	+	19 been filed, in a newspaper having general circulation within
	126	+	20 the area affected by the application. If no newspaper has a
	127	+	21 general circulation within the county, the Board shall post
	128	+	22 the notice in 5 conspicuous places within the proposed area.
	129	+	23 (f) Any person, community organization, provider, or
	130	+	24 health system or other entity wishing to comment upon or
	131	+	25 oppose the application may file a Safety Net Impact Statement
	132	+	26 Response with the Board, which shall provide additional
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	138	+	HB5537 - 3 - LRB103 37655 AWJ 67782 b
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176		-	1 3. To appoint a superintendent and all necessary employees
177		-	2 for the management and control of the home and to prescribe
178		-	3 their compensation and duties.
179		-	4 4. To arrange for physicians' or other health care
180		-	5 professionals' services and other medical care for the
181		-	6 patients in the home and prescribe the compensation and duties
182		-	7 of physicians so designated.
183		-	8 5. To control the admission and discharge of patients in
184		-	9 the home.
185		-	10 6. To fix the rate per day, week, or month which it will
186		-	11 charge for care and maintenance of the patients. Rates so
187		-	12 established may vary according to the amount of care required,
188		-	13 but the rates shall be uniform for all persons or agencies
189		-	14 purchasing care in the home except rates for persons who are
190		-	15 able to purchase their own care may approximate actual cost.
191		-	16 7. To make all rules and regulations for the management of
192		-	17 the home and of the patients therein.
193		-	18 8. To make appropriations from the county treasury for the
194		-	19 purchase of land and the erection of buildings for the home,
195		-	20 and to defray the expenses necessary for the care and
196		-	21 maintenance of the home and for providing maintenance,
197		-	22 personal care and nursing services to the patients therein,
198		-	23 and to cause an amount sufficient for those purposes to be
199		-	24 levied upon the taxable property of the counties and collected
200		-	25 as other taxes and further providing that in counties with a
201		-	26 population of not more than 1,000,000 to levy and collect
	141	+	HB5537- 4 -LRB103 37655 AWJ 67782 b HB5537 - 4 - LRB103 37655 AWJ 67782 b
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	143	+	1 information concerning a project's impact on safety net
	144	+	2 services in the community.
	145	+	3 (g) Applicants shall be provided an opportunity to submit
	146	+	4 a reply to any Safety Net Impact Statement Response.
	147	+	5 (h) The State Board Staff Report shall include a statement
	148	+	6 as to whether a Safety Net Impact Statement was filed by the
	149	+	7 applicant and whether it included information on charity care,
	150	+	8 the amount of care provided to Medicaid patients, and
	151	+	9 information on teaching, research, or any other service
	152	+	10 provided by the applicant directly relevant to safety net
	153	+	11 services. The report shall also indicate the names of the
	154	+	12 parties submitting responses and the number of responses and
	155	+	13 replies, if any, that were filed. If an application for a
	156	+	14 permit to discontinue or change ownership of a health care
	157	+	15 facility has been deemed substantially complete by the State
	158	+	16 Board staff, but the applicant was unable to describe the
	159	+	17 project impacts under subsections (c) and (d), the State Board
	160	+	18 Staff Report shall include a statement of findings regarding
	161	+	19 the project's safety net impact. The State Board staff's
	162	+	20 assessment shall be considered in determining whether the
	163	+	21 project fulfills the public interest requirements in paragraph
	164	+	22 (3) of subsection (d) of Section 6.
	165	+	23 (Source: P.A. 102-4, eff. 4-27-21.)
	166	+	24 Section 10. The Counties Code is amended by changing
	167	+	25 Section 5-21001 as follows:
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212		-	1 annually a tax of not to exceed .1% of the value, as equalized
213		-	2 or assessed by the Department of Revenue, of all the taxable
214		-	3 property in the county for these purposes. The tax shall be in
215		-	4 addition to all other taxes which the county is authorized to
216		-	5 levy on the aggregate valuation of the property within the
217		-	6 county and shall not be included in any limitation of the tax
218		-	7 rate upon which taxes are required to be extended, but shall be
219		-	8 excluded therefrom and in addition thereto. The tax shall be
220		-	9 levied and collected in like manner as the general taxes of the
221		-	10 county, and when collected, shall be paid into a special fund
222		-	11 in the county treasury and used only as herein authorized. No
223		-	12 such tax shall be levied or increased from a rate lower than
224		-	13 the maximum rate in any such county until the question of
225		-	14 levying such tax has first been submitted to the voters of such
226		-	15 county at an election held in such county, and has been
227		-	16 approved by a majority of such voters voting thereon. The
228		-	17 corporate authorities shall certify the question of levying
229		-	18 such tax to the proper election officials, who shall submit
230		-	19 the question to the voters at an election held in accordance
231		-	20 with the general election law.
232		-	21 The proposition shall be in substantially the following
233		-	22 form:
234		-	23 --------------------------------------------------------
235		-	24 Shall ........ County be authorized
236		-	25 to levy and collect a tax at a rate not YES
237		-	26 to exceed .1% for the purpose of -------------------
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	177	+	HB5537 - 5 - LRB103 37655 AWJ 67782 b
	178	+	1 (55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
	179	+	2 Sec. 5-21001. Establishment and maintenance of county
	180	+	3 home. In any county which establishes and maintains a county
	181	+	4 sheltered care home or a county nursing home for the care of
	182	+	5 infirm or chronically ill persons, as provided in Section
	183	+	6 5-1005, the County Board shall have power:
	184	+	7 1. To acquire in the name of the county by purchase, grant,
	185	+	8 gift, or legacy, a suitable tract or tracts of land upon which
	186	+	9 to erect and maintain the home, and in connection therewith a
	187	+	10 farm or acreage for the purpose of providing supplies for the
	188	+	11 home and employment for such patients as are able to work and
	189	+	12 benefit thereby.
	190	+	13 The board shall expend not more than $20,000 for the
	191	+	14 purchase of any such land or the erection of buildings without
	192	+	15 a 2/3 vote of all its members in counties of 300,000 or more
	193	+	16 population, or a favorable vote of at least a majority of all
	194	+	17 its members in counties under 300,000 population.
	195	+	18 2. To receive in the name of the county, gifts and legacies
	196	+	19 to aid in the erection or maintenance of the home.
	197	+	20 3. To appoint a superintendent and all necessary employees
	198	+	21 for the management and control of the home and to prescribe
	199	+	22 their compensation and duties.
	200	+	23 4. To arrange for physicians' or other health care
	201	+	24 professionals' services and other medical care for the
	202	+	25 patients in the home and prescribe the compensation and duties
238	203
239	204
240	205
241	206
242	207
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244	209
245	210
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247		-	HB5537 ~~Engrossed - 8~~ - LRB103 37655 AWJ 67782 b
248		-	1 .~~....... (purchasing, maintaining) a NO~~
249		-	2 ~~county nursing home?~~
250		-	3 ~~-------------------------------------------------------------~~
251		-	4 ~~If a majority of votes cast on~~ the ~~question are in favor~~,
252		-	5 ~~the county shall be authorized to levy~~ the ~~tax~~.
253		-	6 If the ~~county has levied such tax at a rate lower than the~~
254		-	7 ~~maximum rate set forth in this Section,~~ the ~~county board may~~
255		-	8 ~~increase~~ the ~~rate of the tax,~~ ~~but not to exceed such maximum~~
256		-	9 ~~rate, by certifying the proposition of such increase~~ to ~~the~~
257		-	10 ~~proper election officials~~ for ~~submission to~~ the ~~voters~~ of ~~the~~
258		-	11 ~~county at a regular election in accordance with~~ the ~~general~~
259		-	12 ~~election law.~~ The ~~proposition shall be in substantially~~ the
260		-	13 ~~following form:~~
261		-	14 ~~----------------------------------------------~~
262		-	15 ~~Shall~~ the ~~maximum rate~~
263		-	16 of the ~~tax levied by........ YES~~
264		-	17 ~~County~~ for ~~the purpose of.......~~
265		-	18 ~~(purchasing, maintaining)~~ ~~a ----------------------------~~
266		-	19 ~~county nursing home be~~
267		-	20 ~~increased from........~~ to NO
268		-	21 ~~........ (~~not to exceed .1%)
269		-	22 ~~-------------------------------------------------------------~~
270		-	23 ~~If a majority of all~~ the ~~votes cast upon~~ the ~~proposition~~
271		-	24 ~~are in favor thereof,~~ the county ~~board may levy the tax at a~~
272		-	25 ~~rate not to exceed~~ the ~~rate set forth in this Section.~~
273		-	26 ~~9. To Upon~~ the ~~vote of a 2/3 majority of all the members of~~
	211	+	HB5537- 6 -LRB103 37655 AWJ 67782 b HB5537 - 6 - LRB103 37655 AWJ 67782 b
	212	+	HB5537 - 6 - LRB103 37655 AWJ 67782 b
	213	+	1 of physicians so designated.
	214	+	2 5. To control the admission and discharge of patients in
	215	+	3 the home.
	216	+	4 6. To fix the rate per day, week, or month which it will
	217	+	5 charge for care and maintenance of the patients. Rates so
	218	+	6 established may vary according to the amount of care required,
	219	+	7 but the rates shall be uniform for all persons or agencies
	220	+	8 purchasing care in the home except rates for persons who are
	221	+	9 able to purchase their own care may approximate actual cost.
	222	+	10 7. To make all rules and regulations for the management of
	223	+	11 the home and of the patients therein.
	224	+	12 8. To make appropriations from the county treasury for the
	225	+	13 purchase of land and the erection of buildings for the home,
	226	+	14 and to defray the expenses necessary for the care and
	227	+	15 maintenance of the home and for providing maintenance,
	228	+	16 personal care and nursing services to the patients therein,
	229	+	17 and to cause an amount sufficient for those purposes to be
	230	+	18 levied upon the taxable property of the counties and collected
	231	+	19 as other taxes and further providing that in counties with a
	232	+	20 population of not more than 1,000,000 to levy and collect
	233	+	21 annually a tax of not to exceed .1% of the value, as equalized
	234	+	22 or assessed by the Department of Revenue, of all the taxable
	235	+	23 property in the county for these purposes. The tax shall be in
	236	+	24 addition to all other taxes which the county is authorized to
	237	+	25 levy on the aggregate valuation of the property within the
	238	+	26 county and shall not be included in any limitation of the tax
274	239
275	240
276	241
277	242
278	243
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	244	+	HB5537 - 6 - LRB103 37655 AWJ 67782 b
280	245
281	246
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283		-	HB5537 ~~Engrossed - 9~~ - LRB103 37655 AWJ 67782 b
284		-	1 ~~the board,~~ to ~~sell~~, ~~dispose of or lease for any term, any part~~
285		-	2 of the ~~home properties in such manner and upon such terms as it~~
286		-	3 ~~deems best for~~ the ~~interest~~ of the ~~county, and to make and~~
287		-	4 ~~execute all necessary conveyances thereof in the same manner~~
288		-	5 as ~~other conveyances of real estate may be made by a county.~~
289		-	6 ~~However, if the home was erected after referendum approval by~~
290		-	7 the ~~voters of~~ the ~~county, it shall not be sold or disposed~~ of
291		-	8 ~~except after referendum approval thereof by a majority~~ of ~~the~~
292		-	9 ~~voters of the~~ county ~~voting thereon.~~
293		-	10 A ~~referendum to sell~~ the ~~home shall be in substantially~~
294		-	11 the ~~following form:~~
295		-	12 ~~-------------------------------------------------------------~~
296		-	13 ~~Shall........County sell (county~~
297		-	14 ~~home) to (entity~~ ~~name), an (entity~~
298		-	15 ~~type) located at (principal~~ ~~address),~~
299		-	16 ~~which was incorporated on (incorporation date),~~
300		-	17 ~~and whose managers and members are ....~~
301		-	18 .... ~~for (sale~~ ~~price)?~~
302		-	19 ~~--------------------------------------~~
303		-	20 ~~Votes shall be recorded as "Yes" or "No".~~
304		-	21 A ~~referendum to close the home shall be in substantially~~
305		-	22 ~~the following form:~~
	247	+	HB5537- 7 -LRB103 37655 AWJ 67782 b HB5537 - 7 - LRB103 37655 AWJ 67782 b
	248	+	HB5537 - 7 - LRB103 37655 AWJ 67782 b
	249	+	1 rate upon which taxes are required to be extended, but shall be
	250	+	2 excluded therefrom and in addition thereto. The tax shall be
	251	+	3 levied and collected in like manner as the general taxes of the
	252	+	4 county, and when collected, shall be paid into a special fund
	253	+	5 in the county treasury and used only as herein authorized. No
	254	+	6 such tax shall be levied or increased from a rate lower than
	255	+	7 the maximum rate in any such county until the question of
	256	+	8 levying such tax has first been submitted to the voters of such
	257	+	9 county at an election held in such county, and has been
	258	+	10 approved by a majority of such voters voting thereon. The
	259	+	11 corporate authorities shall certify the question of levying
	260	+	12 such tax to the proper election officials, who shall submit
	261	+	13 the question to the voters at an election held in accordance
	262	+	14 with the general election law.
	263	+	15 The proposition shall be in substantially the following
	264	+	16 form:
	265	+	17 --------------------------------------------------------
	266	+	18 Shall ........ County be authorized
	267	+	19 to levy and collect a tax at a rate not YES
	268	+	20 to exceed .1% for the purpose of -------------------
	269	+	21 ........ (purchasing, maintaining) a NO
	270	+	22 county nursing home?
306	271		23 -------------------------------------------------------------
307		-	24 ~~Shall........County close~~
308		-	25 ~~(county home),~~ the county ~~nursing home~~
309		-	26 ~~located~~ at ~~(address)?~~
	272	+	24 If a majority of votes cast on the question are in favor,
	273	+	25 the county shall be authorized to levy the tax.
	274	+	26 If the county has levied such tax at a rate lower than the
310	275
311	276
312	277
313	278
314	279
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316	281
317	282
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319		-	HB5537 Engrossed - 10 - LRB103 37655 AWJ 67782 b
320		-	1 ---------------------------------------
321		-	2 Votes shall be recorded as "Yes" or "No".
322		-	3 The proposition to lease the home shall be in
323		-	4 substantially the following form:
324		-	5 -------------------------------------------------------------
325		-	6 Shall........County lease (county
326		-	7 home) to (entity name), an (entity
327		-	8 type) located at (principal address),
328		-	9 which was incorporated on (incorporation date),
329		-	10 and whose managers and members are ...
330		-	11 .... for (lease amount) for a term of
331		-	12 not more than (years)?
	283	+	HB5537- 8 -LRB103 37655 AWJ 67782 b HB5537 - 8 - LRB103 37655 AWJ 67782 b
	284	+	HB5537 - 8 - LRB103 37655 AWJ 67782 b
	285	+	1 maximum rate set forth in this Section, the county board may
	286	+	2 increase the rate of the tax, but not to exceed such maximum
	287	+	3 rate, by certifying the proposition of such increase to the
	288	+	4 proper election officials for submission to the voters of the
	289	+	5 county at a regular election in accordance with the general
	290	+	6 election law. The proposition shall be in substantially the
	291	+	7 following form:
	292	+	8 ----------------------------------------------
	293	+	9 Shall the maximum rate
	294	+	10 of the tax levied by........ YES
	295	+	11 County for the purpose of.......
	296	+	12 (purchasing, maintaining) a ----------------------------
	297	+	13 county nursing home be
	298	+	14 increased from........ to NO
	299	+	15 ........ (not to exceed .1%)
	300	+	16 -------------------------------------------------------------
	301	+	17 If a majority of all the votes cast upon the proposition
	302	+	18 are in favor thereof, the county board may levy the tax at a
	303	+	19 rate not to exceed the rate set forth in this Section.
	304	+	20 9. To Upon the vote of a 2/3 majority of all the members of
	305	+	21 the board, to sell, dispose of or lease for any term, any part
	306	+	22 of the home properties in such manner and upon such terms as it
	307	+	23 deems best for the interest of the county, and to make and
	308	+	24 execute all necessary conveyances thereof in the same manner
	309	+	25 as other conveyances of real estate may be made by a county.
	310	+	26 However, if the home was erected after referendum approval by
332	311
333	312
334	313
335	314
336	315
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	316	+	HB5537 - 8 - LRB103 37655 AWJ 67782 b
	317	+
	318	+
	319	+	HB5537- 9 -LRB103 37655 AWJ 67782 b HB5537 - 9 - LRB103 37655 AWJ 67782 b
	320	+	HB5537 - 9 - LRB103 37655 AWJ 67782 b
	321	+	1 the voters of the county, it shall not be sold or disposed of
	322	+	2 except after referendum approval thereof by a majority of the
	323	+	3 voters of the county voting thereon.
	324	+	4 A referendum to sell the home shall be in substantially
	325	+	5 the following form:
	326	+	6 -------------------------------------------------------------
	327	+	7 Shall........County sell (county
	328	+	8 home) to (entity name), an (entity
	329	+	9 type) located at (principal address),
	330	+	10 which was incorporated on (incorporation date),
	331	+	11 and whose managers and members are ....
	332	+	12 .... for (sale price)?
	333	+	13 --------------------------------------
	334	+	14 Votes shall be recorded as "Yes" or "No".
	335	+	15 A referendum to close the home shall be in substantially
	336	+	16 the following form:
	337	+	17 -------------------------------------------------------------
	338	+	18 Shall........County close
	339	+	19 (county home), the county nursing home
	340	+	20 located at (address)?
	341	+	21 ---------------------------------------
	342	+	22 Votes shall be recorded as "Yes" or "No".
	343	+	23 The proposition to lease the home shall be in
	344	+	24 substantially the following form:
	345	+	25 -------------------------------------------------------------
	346	+	26 Shall........County lease (county
	347	+
	348	+
	349	+
	350	+
	351	+
	352	+	HB5537 - 9 - LRB103 37655 AWJ 67782 b
	353	+
	354	+
	355	+	HB5537- 10 -LRB103 37655 AWJ 67782 b HB5537 - 10 - LRB103 37655 AWJ 67782 b
	356	+	HB5537 - 10 - LRB103 37655 AWJ 67782 b
	357	+	1 home) to (entity name), an (entity
	358	+	2 type) located at (principal address),
	359	+	3 which was incorporated on (incorporation date),
	360	+	4 and whose managers and members are ...
	361	+	5 .... for (lease amount) for a term of
	362	+	6 not more than (years)?
	363	+
	364	+
	365	+
	366	+
	367	+
	368	+	HB5537 - 10 - LRB103 37655 AWJ 67782 b