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| Public Act 103-0139
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| HB2076 Enrolled | LRB103 27114 CPF 53482 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by |
changing Section 3-304.2 as follows:
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(210 ILCS 45/3-304.2) |
Sec. 3-304.2. Designation of distressed facilities. |
(a) (Blank). By May 1, 2011, and quarterly thereafter, the |
Department shall generate and publish quarterly a
list of |
distressed facilities. Criteria for inclusion of certified |
facilities on the list shall be those used by the U.S. General |
Accounting Office in report 9-689, until such time as the |
Department by rule modifies the criteria. |
(b) (Blank). In deciding whether and how to modify the |
criteria used by the General Accounting Office, the Department |
shall complete a test run of any substitute criteria to |
determine their reliability by comparing the number of |
facilities identified as distressed against the number of |
distressed facilities generated using the criteria contained |
in the General Accounting Office report. The Department may |
not adopt substitute criteria that generate fewer facilities |
with a distressed designation than are produced by the General |
Accounting Office criteria during the test run. |
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(b-5) The Department shall, by rule, adopt criteria to |
identify distressed facilities and shall publish a
list of |
distressed facilities quarterly. The Department shall, by |
rule, create a timeframe and a procedure on how a facility can |
be removed from the list. No facility shall be identified as a |
distressed facility unless it has committed a violation or |
deficiency that has harmed a resident. |
(c) The Department shall, by rule, adopt criteria to |
identify non-Medicaid-certified facilities that are distressed |
and shall publish this list quarterly. The list may not |
contain more than 40 facilities per quarter beginning October |
1, 2011. |
(d) The Department shall notify each facility of its |
distressed designation, and of the calculation on
which it is |
based. A facility has the right to appeal a designation, and |
the procedure for appealing shall be outlined in rule. |
(e) A distressed facility may contract with an independent |
consultant meeting criteria established by
the Department. If |
the distressed facility does not seek the assistance of an |
independent
consultant, the Department shall place a monitor |
or a temporary manager in the facility, depending
on the |
Department's assessment of the condition of the facility. |
(f) Independent consultant. A facility that has been |
designated a distressed facility may
contract with an |
independent consultant to develop and assist in the
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implementation of a plan of improvement to bring and keep
the |
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facility in compliance with this Act and, if applicable, with |
federal certification
requirements. A facility that contracts |
with an independent consultant
shall have 90 days to develop a |
plan of improvement and demonstrate a
good faith effort at |
implementation, and another 90 days to achieve compliance
and |
take whatever additional actions are called for in the |
improvement plan
to maintain compliance. A facility that the |
Department determines has a plan
of improvement likely to |
bring and keep the facility in compliance
and that has |
demonstrated good faith efforts at implementation
within the |
first 90 days may be eligible to receive a grant under the |
Equity
in Long-term Care Quality Act to assist it in achieving |
and maintaining compliance.
In this subsection, "independent" |
consultant means an individual who has no professional or
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financial relationship with the facility, any person with a |
reportable ownership
interest in the facility, or any related |
parties. In this subsection, "related parties" has the
meaning |
attributed to it in the instructions for completing Medicaid |
cost reports. |
(f-5) Monitor and temporary managers. A distressed |
facility that does not contract with a consultant shall be |
assigned a monitor or a temporary manager at the Department's |
discretion. The monitor cost of the temporary manager shall be |
paid by the facility. The temporary manager shall have the |
authority determined by the Department, which may grant the |
temporary manager any or all of the authority a court may grant |
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a receiver. The temporary manager may apply to the Equity in |
Long-term Care Quality Fund on behalf of the facility for |
grant funds to implement the plan of improvement. |
(g) The Department shall, by rule, establish a mentor |
program for owners and operators of distressed facilities. The |
mentor program shall provide technical assistance and guidance |
to facilities. |
(h) The Department shall by rule establish sanctions (in |
addition to those authorized elsewhere in this Article) |
against distressed facilities that are not in compliance with |
this Act and (if applicable) with federal certification |
requirements. Criteria for imposing sanctions shall take into |
account a facility's actions to address the violations and |
deficiencies that caused its designation as a distressed |
facility, and its compliance with this Act and with federal |
certification requirements (if applicable), subsequent to its |
designation as a distressed facility, including mandatory |
revocations if criteria can be agreed upon by the Department, |
resident advocates, and representatives of the nursing home |
profession. By February 1, 2011, the Department shall report |
to the General Assembly on the results of negotiations about |
creating criteria for mandatory license revocations of |
distressed facilities and make recommendations about any |
statutory changes it believes are appropriate to protect the |
health, safety, and welfare of nursing home residents. |
(i) The Department may establish, by rule, criteria for |
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restricting an owner of a facility from acquiring additional |
nursing facilities if the owner of a facility was placed on the |
distressed list while it was owned by that owner from |
acquiring additional skilled nursing facilities. The |
Department may not prohibit an owner who acquires ownership of |
a facility that is already on the distressed facility list |
before the owner's acquisition of the facility from acquiring |
additional skilled nursing facilities.
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(j) This Section does not apply to homes, institutions, or |
other places operated by or under the authority of the |
Illinois Department of Veterans' Affairs as these facilities |
are certified by the United States Department of Veterans |
Affairs and not the Centers for Medicare and Medicaid |
Services. |
(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
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