Bill Amendment: IL SB3115 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NURSING HOME-CHANGE OF OWNER

Status: 2024-08-02 - Public Act . . . . . . . . . 103-0776 [SB3115 Detail]

Download: Illinois-2023-SB3115-Senate_Amendment_002.html

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Sen. Julie A. Morrison

Filed: 3/21/2024

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AMENDMENT TO SENATE BILL 3115
AMENDMENT NO. ______. Amend Senate Bill 3115 by replacing
everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by
changing Sections 3-112, 3-113, and 3-114 as follows:
(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
Sec. 3-112. (a) Whenever ownership of a facility is
transferred from the person named in the license to any other
person, the transferee must obtain a new probationary license.
The transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer.
(b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee.

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(c) The transferee shall submit to the Department, at the
same time as notice to the Department of the transfer, a
transition plan signed by both the transferee and the
transferor that includes, at a minimum, a detailed explanation
of how resident care and appropriate staffing levels shall be
maintained until the license has been obtained and the
transfer of the facility operations occurs and an explanation
of how resident care and appropriate staffing levels shall be
maintained after the license has been obtained and the
transfer of the facility operations occurs. The transition
plan shall cover the time period of 10 days before the transfer
is to take place and 10 days after the transfer is complete.
The transition plan shall be signed by the transferee and the
transferor. The transferee and the transferor shall coordinate
as necessary to ensure that there are no gaps in care,
staffing, and safety during the transition period.
The Department shall approve or deny the transition plan
within 15 days after submission. If the Department denies the
transition plan, the Department shall work with the transferee
and the transferor to bring the transition plan into
compliance with this subsection. A denial of the transition
plan is not grounds for the Department to deny a change of
ownership application.
(Source: P.A. 98-756, eff. 7-16-14.)
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)

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Sec. 3-113. (a) The license granted to the transferee
shall be subject to the plan of correction submitted by the
previous owner and approved by the Department and any
conditions contained in a conditional license issued to the
previous owner. If there are outstanding violations and no
approved plan of correction has been implemented, the
Department may issue a conditional license and plan of
correction as provided in Sections 3-311 through 3-317. The
license granted to a transferee for a facility that is in
receivership shall be subject to any contractual obligations
assumed by a grantee under the Equity in Long-term Care
Quality Act and to the plan submitted by the receiver for
continuing and increasing adherence to best practices in
providing high-quality nursing home care, unless the grant is
repaid, under conditions to be determined by rule by the
Department in its administration of the Equity in Long-term
Care Quality Act.
(b) Failure to follow the transition plan and ensure
residents are provided adequate care after a change in
ownership shall be considered a high-risk designation under
subsection (9) of Section 3-305 by the Department if harm to a
resident is found. The transferee is liable for all high-risk
designation penalties assessed against the facility regarding
the transition plan from the transfer of ownership to 10 days
after the transfer is complete.
(Source: P.A. 96-1372, eff. 7-29-10.)

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