Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1312 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1312 Introduced 1/28/2025, by Sen. Lakesia Collins 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. Provides that general review criteria shall include a requirement that nursing homes operated by a county, regardless of whether the nursing homes operated by a county are skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, provide a Safety Net Impact Statement. Provides that a Safety Net Impact Statement shall also be filed with an application to change ownership of a nursing home operated by a county. Includes nursing homes operated by a county in a list of safety net service providers. Provides that nursing homes operated by a county shall also provide the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. The State Board Staff Report shall also include a statement of findings about an application'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). Provides referendum language for the selling, disposition of, or lease of a home. Removes language providing that, if a county nursing home was erected after referendum approval by the voters of the county, the county nursing home may be leased upon the vote of a 3/5 majority of all the members of the board. LRB104 10171 RTM 20243 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1312 Introduced 1/28/2025, by Sen. Lakesia Collins 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. Provides that general review criteria shall include a requirement that nursing homes operated by a county, regardless of whether the nursing homes operated by a county are skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, provide a Safety Net Impact Statement. Provides that a Safety Net Impact Statement shall also be filed with an application to change ownership of a nursing home operated by a county. Includes nursing homes operated by a county in a list of safety net service providers. Provides that nursing homes operated by a county shall also provide the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. The State Board Staff Report shall also include a statement of findings about an application'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). Provides referendum language for the selling, disposition of, or lease of a home. Removes language providing that, if a county nursing home was erected after referendum approval by the voters of the county, the county nursing home may be leased upon the vote of a 3/5 majority of all the members of the board. LRB104 10171 RTM 20243 b LRB104 10171 RTM 20243 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1312 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	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	4	20 ILCS 3960/5.4
5	5	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
6	6	Amends the Illinois Health Facilities Planning Act. Provides that general review criteria shall include a requirement that nursing homes operated by a county, regardless of whether the nursing homes operated by a county are skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, provide a Safety Net Impact Statement. Provides that a Safety Net Impact Statement shall also be filed with an application to change ownership of a nursing home operated by a county. Includes nursing homes operated by a county in a list of safety net service providers. Provides that nursing homes operated by a county shall also provide the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. The State Board Staff Report shall also include a statement of findings about an application'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). Provides referendum language for the selling, disposition of, or lease of a home. Removes language providing that, if a county nursing home was erected after referendum approval by the voters of the county, the county nursing home may be leased upon the vote of a 3/5 majority of all the members of the board.
7	7	LRB104 10171 RTM 20243 b LRB104 10171 RTM 20243 b
8	8	LRB104 10171 RTM 20243 b
9	9	A BILL FOR
10	10	SB1312LRB104 10171 RTM 20243 b SB1312 LRB104 10171 RTM 20243 b
11	11	SB1312 LRB104 10171 RTM 20243 b
12	12	1 AN ACT concerning health.
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 Illinois Health Facilities Planning Act is
16	16	5 amended by changing Section 5.4 as follows:
17	17	6 (20 ILCS 3960/5.4)
18	18	7 (Section scheduled to be repealed on December 31, 2029)
19	19	8 Sec. 5.4. Safety Net Impact Statement.
20	20	9 (a) General review criteria shall include a requirement
21	21	10 that all health care facilities, including nursing homes
22	22	11 operated by a county, but otherwise with the exception of
23	23	12 skilled and intermediate long-term care facilities licensed
24	24	13 under the Nursing Home Care Act, provide a Safety Net Impact
25	25	14 Statement, which shall be filed with an application for a
26	26	15 substantive project or when the application proposes to
27	27	16 discontinue a category of service. A Safety Net Impact
28	28	17 Statement shall also be filed with an application to change
29	29	18 ownership of a nursing home operated by a county.
30	30	19 (b) For the purposes of this Section, "safety net
31	31	20 services" are services provided by health care providers or
32	32	21 organizations that deliver health care services to persons
33	33	22 with barriers to mainstream health care due to lack of
34	34	23 insurance, inability to pay, special needs, ethnic or cultural
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1312 Introduced 1/28/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
39	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	40	20 ILCS 3960/5.4
41	41	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
42	42	Amends the Illinois Health Facilities Planning Act. Provides that general review criteria shall include a requirement that nursing homes operated by a county, regardless of whether the nursing homes operated by a county are skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, provide a Safety Net Impact Statement. Provides that a Safety Net Impact Statement shall also be filed with an application to change ownership of a nursing home operated by a county. Includes nursing homes operated by a county in a list of safety net service providers. Provides that nursing homes operated by a county shall also provide the number of the facility's Medicaid and Medicare certified beds for the 3 fiscal years prior to the application. The State Board Staff Report shall also include a statement of findings about an application'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). Provides referendum language for the selling, disposition of, or lease of a home. Removes language providing that, if a county nursing home was erected after referendum approval by the voters of the county, the county nursing home may be leased upon the vote of a 3/5 majority of all the members of the board.
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45	45	A BILL FOR
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51	51	20 ILCS 3960/5.4
52	52	55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
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71	71	1 characteristics, or geographic isolation. Safety net service
72	72	2 providers include, but are not limited to, hospitals and
73	73	3 private practice physicians that provide charity care,
74	74	4 school-based health centers, migrant health clinics, rural
75	75	5 health clinics, federally qualified health centers, community
76	76	6 health centers, public health departments, and community
77	77	7 mental health centers, and nursing homes operated by a county.
78	78	8 (c) As developed by the applicant, a Safety Net Impact
79	79	9 Statement shall describe all of the following:
80	80	10 (1) The project's material impact, if any, on
81	81	11 essential safety net services in the community, including
82	82	12 the impact on racial and health care disparities in the
83	83	13 community, to the extent that it is feasible for an
84	84	14 applicant to have such knowledge.
85	85	15 (2) The project's impact on the ability of another
86	86	16 provider or health care system to cross-subsidize safety
87	87	17 net services, if reasonably known to the applicant.
88	88	18 (3) How the discontinuation of a facility or service
89	89	19 might impact the remaining safety net providers in a given
90	90	20 community, if reasonably known by the applicant.
91	91	21 (d) Safety Net Impact Statements shall also include all of
92	92	22 the following:
93	93	23 (1) For the 3 fiscal years prior to the application, a
94	94	24 certification describing the amount of charity care
95	95	25 provided by the applicant. The amount calculated by
96	96	26 hospital applicants shall be in accordance with the
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107	107	1 reporting requirements for charity care reporting in the
108	108	2 Illinois Community Benefits Act. Non-hospital applicants
109	109	3 shall report charity care, at cost, in accordance with an
110	110	4 appropriate methodology specified by the Board.
111	111	5 (2) For the 3 fiscal years prior to the application, a
112	112	6 certification of the amount of care provided to Medicaid
113	113	7 patients. Hospital and non-hospital applicants shall
114	114	8 provide Medicaid information in a manner consistent with
115	115	9 the information reported each year to the State Board
116	116	10 regarding "Inpatients and Outpatients Served by Payor
117	117	11 Source" and "Inpatient and Outpatient Net Revenue by Payor
118	118	12 Source" as required by the Board under Section 13 of this
119	119	13 Act and published in the Annual Hospital Profile. Nursing
120	120	14 homes operated by a county shall also provide the number
121	121	15 of the facility's Medicaid and Medicare certified beds for
122	122	16 the 3 fiscal years prior to the application.
123	123	17 (3) Any information the applicant believes is directly
124	124	18 relevant to safety net services, including information
125	125	19 regarding teaching, research, and any other service.
126	126	20 (e) The Board staff shall publish a notice, that an
127	127	21 application accompanied by a Safety Net Impact Statement has
128	128	22 been filed, in a newspaper having general circulation within
129	129	23 the area affected by the application. If no newspaper has a
130	130	24 general circulation within the county, the Board shall post
131	131	25 the notice in 5 conspicuous places within the proposed area.
132	132	26 (f) Any person, community organization, provider, or
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143	143	1 health system or other entity wishing to comment upon or
144	144	2 oppose the application may file a Safety Net Impact Statement
145	145	3 Response with the Board, which shall provide additional
146	146	4 information concerning a project's impact on safety net
147	147	5 services in the community.
148	148	6 (g) Applicants shall be provided an opportunity to submit
149	149	7 a reply to any Safety Net Impact Statement Response.
150	150	8 (h) The State Board Staff Report shall include a statement
151	151	9 as to whether a Safety Net Impact Statement was filed by the
152	152	10 applicant and whether it included information on charity care,
153	153	11 the amount of care provided to Medicaid patients, and
154	154	12 information on teaching, research, or any other service
155	155	13 provided by the applicant directly relevant to safety net
156	156	14 services. The report shall also indicate the names of the
157	157	15 parties submitting responses and the number of responses and
158	158	16 replies, if any, that were filed.
159	159	17 The State Board Staff Report shall also include a
160	160	18 statement of findings about an application's safety net impact
161	161	19 when the application:
162	162	20 (1) proposes a substantive project at a nursing home
163	163	21 operated by a county;
164	164	22 (2) includes a change of ownership of a nursing home
165	165	23 currently operated by a county; or
166	166	24 (3) proposes to discontinue services at a nursing home
167	167	25 operated by a county.
168	168	26 The findings shall be considered when determining whether
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179	179	1 an application fulfills the public interest requirements of
180	180	2 this Act.
181	181	3 (Source: P.A. 102-4, eff. 4-27-21.)
182	182	4 Section 10. The Counties Code is amended by changing
183	183	5 Section 5-21001 as follows:
184	184	6 (55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
185	185	7 Sec. 5-21001. Establishment and maintenance of county
186	186	8 home. In any county which establishes and maintains a county
187	187	9 sheltered care home or a county nursing home for the care of
188	188	10 infirm or chronically ill persons, as provided in Section
189	189	11 5-1005, the County Board shall have power:
190	190	12 1. To acquire in the name of the county by purchase, grant,
191	191	13 gift, or legacy, a suitable tract or tracts of land upon which
192	192	14 to erect and maintain the home, and in connection therewith a
193	193	15 farm or acreage for the purpose of providing supplies for the
194	194	16 home and employment for such patients as are able to work and
195	195	17 benefit thereby.
196	196	18 The board shall expend not more than $20,000 for the
197	197	19 purchase of any such land or the erection of buildings without
198	198	20 a 2/3 vote of all its members in counties of 300,000 or more
199	199	21 population, or a favorable vote of at least a majority of all
200	200	22 its members in counties under 300,000 population.
201	201	23 2. To receive in the name of the county, gifts and legacies
202	202	24 to aid in the erection or maintenance of the home.
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213	213	1 3. To appoint a superintendent and all necessary employees
214	214	2 for the management and control of the home and to prescribe
215	215	3 their compensation and duties.
216	216	4 4. To arrange for physicians' or other health care
217	217	5 professionals' services and other medical care for the
218	218	6 patients in the home and prescribe the compensation and duties
219	219	7 of physicians so designated.
220	220	8 5. To control the admission and discharge of patients in
221	221	9 the home.
222	222	10 6. To fix the rate per day, week, or month which it will
223	223	11 charge for care and maintenance of the patients. Rates so
224	224	12 established may vary according to the amount of care required,
225	225	13 but the rates shall be uniform for all persons or agencies
226	226	14 purchasing care in the home except rates for persons who are
227	227	15 able to purchase their own care may approximate actual cost.
228	228	16 7. To make all rules and regulations for the management of
229	229	17 the home and of the patients therein.
230	230	18 8. To make appropriations from the county treasury for the
231	231	19 purchase of land and the erection of buildings for the home,
232	232	20 and to defray the expenses necessary for the care and
233	233	21 maintenance of the home and for providing maintenance,
234	234	22 personal care and nursing services to the patients therein,
235	235	23 and to cause an amount sufficient for those purposes to be
236	236	24 levied upon the taxable property of the counties and collected
237	237	25 as other taxes and further providing that in counties with a
238	238	26 population of not more than 1,000,000 to levy and collect
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249	249	1 annually a tax of not to exceed .1% of the value, as equalized
250	250	2 or assessed by the Department of Revenue, of all the taxable
251	251	3 property in the county for these purposes. The tax shall be in
252	252	4 addition to all other taxes which the county is authorized to
253	253	5 levy on the aggregate valuation of the property within the
254	254	6 county and shall not be included in any limitation of the tax
255	255	7 rate upon which taxes are required to be extended, but shall be
256	256	8 excluded therefrom and in addition thereto. The tax shall be
257	257	9 levied and collected in like manner as the general taxes of the
258	258	10 county, and when collected, shall be paid into a special fund
259	259	11 in the county treasury and used only as herein authorized. No
260	260	12 such tax shall be levied or increased from a rate lower than
261	261	13 the maximum rate in any such county until the question of
262	262	14 levying such tax has first been submitted to the voters of such
263	263	15 county at an election held in such county, and has been
264	264	16 approved by a majority of such voters voting thereon. The
265	265	17 corporate authorities shall certify the question of levying
266	266	18 such tax to the proper election officials, who shall submit
267	267	19 the question to the voters at an election held in accordance
268	268	20 with the general election law.
269	269	21 The proposition shall be in substantially the following
270	270	22 form:
271	271	23 --------------------------------------------------------
272	272	24 Shall ........ County be authorized
273	273	25 to levy and collect a tax at a rate not YES
274	274	26 to exceed .1% for the purpose of -------------------
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285	285	1 ........ (purchasing, maintaining) a NO
286	286	2 county nursing home?
287	287	3 -------------------------------------------------------------
288	288	4 If a majority of votes cast on the question are in favor,
289	289	5 the county shall be authorized to levy the tax.
290	290	6 If the county has levied such tax at a rate lower than the
291	291	7 maximum rate set forth in this Section, the county board may
292	292	8 increase the rate of the tax, but not to exceed such maximum
293	293	9 rate, by certifying the proposition of such increase to the
294	294	10 proper election officials for submission to the voters of the
295	295	11 county at a regular election in accordance with the general
296	296	12 election law. The proposition shall be in substantially the
297	297	13 following form:
298	298	14 ----------------------------------------------
299	299	15 Shall the maximum rate
300	300	16 of the tax levied by........ YES
301	301	17 County for the purpose of.......
302	302	18 (purchasing, maintaining) a ----------------------------
303	303	19 county nursing home be
304	304	20 increased from........ to NO
305	305	21 ........ (not to exceed .1%)
306	306	22 -------------------------------------------------------------
307	307	23 If a majority of all the votes cast upon the proposition
308	308	24 are in favor thereof, the county board may levy the tax at a
309	309	25 rate not to exceed the rate set forth in this Section.
310	310	26 9. To Upon the vote of a 2/3 majority of all the members of
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321	321	1 the board, to sell, dispose of or lease for any term, any part
322	322	2 of the home properties in such manner and upon such terms as it
323	323	3 deems best for the interest of the county, and to make and
324	324	4 execute all necessary conveyances thereof in the same manner
325	325	5 as other conveyances of real estate may be made by a county.
326	326	6 However, if the home was erected after referendum approval by
327	327	7 the voters of the county, it shall not be sold or disposed of
328	328	8 except after referendum approval thereof by a majority of the
329	329	9 voters of the county voting thereon.
330	330	10 A referendum to sell the home shall be in substantially
331	331	11 the following form:
332	332	12 -------------------------------------------------------------
333	333	13 Shall........County sell (county
334	334	14 home) to (entity name), an (entity
335	335	15 type) located at (principal address),
336	336	16 which was incorporated on (incorporation date),
337	337	17 and whose managers and members are ....
338	338	18 .... for (sale price)?
339	339	19 --------------------------------------
340	340	20 Votes shall be recorded as "Yes" or "No".
341	341	21 A referendum to close the home shall be in substantially
342	342	22 the following form:
343	343	23 -------------------------------------------------------------
344	344	24 Shall........County close
345	345	25 (county home), the county nursing home
346	346	26 located at (address)?
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357	357	1 ---------------------------------------
358	358	2 Votes shall be recorded as "Yes" or "No".
359	359	3 The proposition to lease the home shall be in
360	360	4 substantially the following form:
361	361	5 -------------------------------------------------------------
362	362	6 Shall........County lease (county
363	363	7 home) to (entity name), an (entity
364	364	8 type) located at (principal address),
365	365	9 which was incorporated on (incorporation date),
366	366	10 and whose managers and members are ...
367	367	11 .... for (lease amount) for a term of
368	368	12 not more than (years)?
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