Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1765 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 SB1765 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 210 ILCS 45/3-304.2 Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria. LRB103 30635 CPF 57089 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1765 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 210 ILCS 45/3-304.2 210 ILCS 45/3-304.2 Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria. LRB103 30635 CPF 57089 b LRB103 30635 CPF 57089 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1765 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 45/3-304.2 210 ILCS 45/3-304.2
4	4	210 ILCS 45/3-304.2
5	5	Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria.
6	6	LRB103 30635 CPF 57089 b LRB103 30635 CPF 57089 b
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8	8	A BILL FOR
9	9	SB1765LRB103 30635 CPF 57089 b SB1765 LRB103 30635 CPF 57089 b
10	10	SB1765 LRB103 30635 CPF 57089 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Nursing Home Care Act is amended by
15	15	5 changing Section 3-304.2 as follows:
16	16	6 (210 ILCS 45/3-304.2)
17	17	7 Sec. 3-304.2. Designation of distressed facilities.
18	18	8 (a) (Blank). By May 1, 2011, and quarterly thereafter, the
19	19	9 Department shall generate and publish quarterly a list of
20	20	10 distressed facilities. Criteria for inclusion of certified
21	21	11 facilities on the list shall be those used by the U.S. General
22	22	12 Accounting Office in report 9-689, until such time as the
23	23	13 Department by rule modifies the criteria.
24	24	14 (b) (Blank). In deciding whether and how to modify the
25	25	15 criteria used by the General Accounting Office, the Department
26	26	16 shall complete a test run of any substitute criteria to
27	27	17 determine their reliability by comparing the number of
28	28	18 facilities identified as distressed against the number of
29	29	19 distressed facilities generated using the criteria contained
30	30	20 in the General Accounting Office report. The Department may
31	31	21 not adopt substitute criteria that generate fewer facilities
32	32	22 with a distressed designation than are produced by the General
33	33	23 Accounting Office criteria during the test run.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1765 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
38	38	210 ILCS 45/3-304.2 210 ILCS 45/3-304.2
39	39	210 ILCS 45/3-304.2
40	40	Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria.
41	41	LRB103 30635 CPF 57089 b LRB103 30635 CPF 57089 b
42	42	LRB103 30635 CPF 57089 b
43	43	A BILL FOR
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49	49	210 ILCS 45/3-304.2
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68	68	1 (b-5) The Department shall, by rule, adopt criteria to
69	69	2 identify distressed facilities and shall publish a list of
70	70	3 distressed facilities quarterly. No facility shall be
71	71	4 identified as a distressed facility unless it has committed a
72	72	5 violation or deficiency that has harmed a resident.
73	73	6 (c) The Department shall, by rule, adopt criteria to
74	74	7 identify non-Medicaid-certified facilities that are distressed
75	75	8 and shall publish this list quarterly beginning October 1,
76	76	9 2011.
77	77	10 (d) The Department shall notify each facility of its
78	78	11 distressed designation, and of the calculation on which it is
79	79	12 based.
80	80	13 (e) A distressed facility may contract with an independent
81	81	14 consultant meeting criteria established by the Department. If
82	82	15 the distressed facility does not seek the assistance of an
83	83	16 independent consultant, the Department shall place a monitor
84	84	17 or a temporary manager in the facility, depending on the
85	85	18 Department's assessment of the condition of the facility.
86	86	19 (f) Independent consultant. A facility that has been
87	87	20 designated a distressed facility may contract with an
88	88	21 independent consultant to develop and assist in the
89	89	22 implementation of a plan of improvement to bring and keep the
90	90	23 facility in compliance with this Act and, if applicable, with
91	91	24 federal certification requirements. A facility that contracts
92	92	25 with an independent consultant shall have 90 days to develop a
93	93	26 plan of improvement and demonstrate a good faith effort at
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104	104	1 implementation, and another 90 days to achieve compliance and
105	105	2 take whatever additional actions are called for in the
106	106	3 improvement plan to maintain compliance. A facility that the
107	107	4 Department determines has a plan of improvement likely to
108	108	5 bring and keep the facility in compliance and that has
109	109	6 demonstrated good faith efforts at implementation within the
110	110	7 first 90 days may be eligible to receive a grant under the
111	111	8 Equity in Long-term Care Quality Act to assist it in achieving
112	112	9 and maintaining compliance. In this subsection, "independent"
113	113	10 consultant means an individual who has no professional or
114	114	11 financial relationship with the facility, any person with a
115	115	12 reportable ownership interest in the facility, or any related
116	116	13 parties. In this subsection, "related parties" has the meaning
117	117	14 attributed to it in the instructions for completing Medicaid
118	118	15 cost reports.
119	119	16 (f-5) Monitor and temporary managers. A distressed
120	120	17 facility that does not contract with a consultant shall be
121	121	18 assigned a monitor or a temporary manager at the Department's
122	122	19 discretion. The cost of the temporary manager shall be paid by
123	123	20 the facility. The temporary manager shall have the authority
124	124	21 determined by the Department, which may grant the temporary
125	125	22 manager any or all of the authority a court may grant a
126	126	23 receiver. The temporary manager may apply to the Equity in
127	127	24 Long-term Care Quality Fund for grant funds to implement the
128	128	25 plan of improvement.
129	129	26 (g) The Department shall by rule establish a mentor
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140	140	1 program for owners of distressed facilities.
141	141	2 (h) The Department shall by rule establish sanctions (in
142	142	3 addition to those authorized elsewhere in this Article)
143	143	4 against distressed facilities that are not in compliance with
144	144	5 this Act and (if applicable) with federal certification
145	145	6 requirements. Criteria for imposing sanctions shall take into
146	146	7 account a facility's actions to address the violations and
147	147	8 deficiencies that caused its designation as a distressed
148	148	9 facility, and its compliance with this Act and with federal
149	149	10 certification requirements (if applicable), subsequent to its
150	150	11 designation as a distressed facility, including mandatory
151	151	12 revocations if criteria can be agreed upon by the Department,
152	152	13 resident advocates, and representatives of the nursing home
153	153	14 profession. By February 1, 2011, the Department shall report
154	154	15 to the General Assembly on the results of negotiations about
155	155	16 creating criteria for mandatory license revocations of
156	156	17 distressed facilities and make recommendations about any
157	157	18 statutory changes it believes are appropriate to protect the
158	158	19 health, safety, and welfare of nursing home residents.
159	159	20 (i) The Department may establish by rule criteria for
160	160	21 restricting the owner of a facility on the distressed list
161	161	22 from acquiring additional skilled nursing facilities.
162	162	23 (Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
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