Bill Text: IL HB3213 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Department of Veterans Affairs Act. Deletes language providing that the head of the Division of Women Veterans Affairs shall serve as an Assistant Director of Veterans' Affairs. Makes changes in the provision concerning the Department's powers and duties. Provides that a veteran or spouse, once admitted to an Illinois Veterans Home facility, is considered a resident for interfacility purposes. Provides that the Director of Veterans' Affairs may authorize a Veterans Home to conduct limited fundraising in accordance with applicable laws and regulations for which the sole purpose is to benefit the Veteran Home's member's benefits fund. Reduces the number of reports that the Department is to give to the General Assembly each year concerning veterans' homes from 2 to one each year. Permits the Department to operate cemeteries at the Manteno Veterans Home and the Quincy Veterans Home for interment of veterans or their spouses as identified by the Department. Amends the Nursing Home Care Act. Provides that before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by the Department of Public Health, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. Sets forth provisions concerning applications and departmental review, inspections, and emergency repairs. Provides that for facilities operated by the Department of Veterans' Affairs, certain deadlines for correction of violations are subject to adherence to applicable State procurement laws and the availability of appropriations for the specific purpose. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2015-12-04 - Public Act . . . . . . . . . 99-0490 [HB3213 Detail]

Download: Illinois-2015-HB3213-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3213 Introduced , by Rep. Randy Frese SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Veterans Affairs Act. Deletes language providing that the head of the Division of Women Veterans Affairs shall serve as an Assistant Director of Veterans' Affairs. Makes changes in the provision concerning the Department's powers and duties. Provides that a veteran or spouse, once admitted to an Illinois Veterans Home facility, is considered a resident for interfacility purposes. Provides that the Director of Veterans' Affairs may authorize a Veterans Home to conduct limited fundraising in accordance with applicable laws and regulations for which the sole purpose is to benefit the Veteran Home's member's benefits fund. Reduces the number of reports that the Department is to give to the General Assembly each year concerning veterans' homes from 2 to one each year. Permits the Department to operate cemeteries at the Manteno Veterans Home and the Quincy Veterans Home for interment of veterans or their spouses as identified by the Department. Amends the Nursing Home Care Act. Provides that before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by the Department of Public Health, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. Sets forth provisions concerning applications and departmental review, inspections, and emergency repairs. Provides that for facilities operated by the Department of Veterans' Affairs, certain deadlines for correction of violations are subject to adherence to applicable State procurement laws and the availability of appropriations for the specific purpose. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Veterans Affairs Act is
amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 3
and adding Section 2.12 as follows:
(20 ILCS 2805/1.2)
Sec. 1.2. Division of Women Veterans Affairs. Subject to
appropriations for this purpose, the Division of Women Veterans
Affairs is created as a Division within the Department. The
head of the Division shall serve as an Assistant Director of
Veterans' Affairs. The Division shall serve as an advocate for
women veterans, in recognition of the unique issues facing
women veterans. The Division shall assess the needs of women
veterans with respect to issues including, but not limited to,
compensation, rehabilitation, outreach, health care, and
issues facing women veterans in the community. The Division
shall review the Department's programs, activities, research
projects, and other initiatives designed to meet the needs of
women veterans and shall make recommendations to the Director
of Veterans' Affairs concerning ways to improve, modify, and
effect change in programs and services for women veterans.
(Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)

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(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
Sec. 2. Powers and duties. The Department shall have the
following powers and duties:
To perform such acts at the request of any veteran, or his
or her spouse, surviving spouse or dependents as shall be
reasonably necessary or reasonably incident to obtaining or
endeavoring to obtain for the requester any advantage, benefit
or emolument accruing or due to such person under any law of
the United States, the State of Illinois or any other state or
governmental agency by reason of the service of such veteran,
and in pursuance thereof shall:
(1) Contact veterans, their survivors and dependents
and advise them of the benefits of state and federal laws
and assist them in obtaining such benefits;
(2) Establish field offices and direct the activities
of the personnel assigned to such offices;
(3) Create and maintain a volunteer field force. The
volunteer field force may include representatives from the
following without limitation: of accredited
representatives, representing educational institutions,
labor organizations, veterans organizations, employers,
churches, and farm organizations;
(4) Conduct informational and training services;
(5) Conduct educational programs through newspapers,
periodicals, social media, television, and radio for the

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specific purpose of disseminating information affecting
veterans and their dependents;
(6) Coordinate the services and activities of all state
departments having services and resources affecting
veterans and their dependents;
(7) Encourage and assist in the coordination of
agencies within counties giving service to veterans and
their dependents;
(8) Cooperate with veterans organizations and other
governmental agencies;
(9) Make, alter, amend and promulgate reasonable rules
and procedures for the administration of this Act;
(10) Make and publish annual reports to the Governor
regarding the administration and general operation of the
Department;
(11) (Blank); and
(12) (Blank).
The Department may accept and hold on behalf of the State,
if for the public interest, a grant, gift, devise or bequest of
money or property to the Department made for the general
benefit of Illinois veterans, including the conduct of
informational and training services by the Department and other
authorized purposes of the Department. The Department shall
cause each grant, gift, devise or bequest to be kept as a
distinct fund and shall invest such funds in the manner
provided by the Public Funds Investment Act, as now or

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hereafter amended, and shall make such reports as may be
required by the Comptroller concerning what funds are so held
and the manner in which such funds are invested. The Department
may make grants from these funds for the general benefit of
Illinois veterans. Grants from these funds, except for the
funds established under Sections 2.01a and 2.03, shall be
subject to appropriation.
The Department has the power to make grants, from funds
appropriated from the Korean War Veterans National Museum and
Library Fund, to private organizations for the benefit of the
Korean War Veterans National Museum and Library.
The Department has the power to make grants, from funds
appropriated from the Illinois Military Family Relief Fund, for
benefits authorized under the Survivors Compensation Act.
(Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)
(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
Sec. 2.01. Veterans Home admissions.
(a) Any honorably discharged veteran is entitled to
admission to an Illinois Veterans Home if the applicant meets
the requirements of this Section.
(b) The veteran must:
(1) have served in the armed forces of the United
States at least 1 day in World War II, the Korean Conflict,
the Viet Nam Campaign, or the Persian Gulf Conflict between
the dates recognized by the U.S. Department of Veterans

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Affairs or between any other present or future dates
recognized by the U.S. Department of Veterans Affairs as a
war period, or have served in a hostile fire environment
and has been awarded a campaign or expeditionary medal
signifying his or her service, for purposes of eligibility
for domiciliary or nursing home care;
(2) have served and been honorably discharged or
retired from the armed forces of the United States for a
service connected disability or injury, for purposes of
eligibility for domiciliary or nursing home care;
(3) have served as an enlisted person at least 90 days
on active duty in the armed forces of the United States,
excluding service on active duty for training purposes
only, and entered active duty before September 8, 1980, for
purposes of eligibility for domiciliary or nursing home
care;
(4) have served as an officer at least 90 days on
active duty in the armed forces of the United States,
excluding service on active duty for training purposes
only, and entered active duty before October 17, 1981, for
purposes of eligibility for domiciliary or nursing home
care;
(5) have served on active duty in the armed forces of
the United States for 24 months of continuous service or
more, excluding active duty for training purposes only, and
enlisted after September 7, 1980, for purposes of

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eligibility for domiciliary or nursing home care;
(6) have served as a reservist in the armed forces of
the United States or the National Guard and the service
included being called to federal active duty, excluding
service on active duty for training purposes only, and who
completed the term, for purposes of eligibility for
domiciliary or nursing home care;
(7) have been discharged for reasons of hardship or
released from active duty due to a reduction in the United
States armed forces prior to the completion of the required
period of service, regardless of the actual time served,
for purposes of eligibility for domiciliary or nursing home
care; or
(8) have served in the National Guard or Reserve Forces
of the United States and completed 20 years of satisfactory
service, be otherwise eligible to receive reserve or active
duty retirement benefits, and have been an Illinois
resident for at least one year before applying for
admission for purposes of eligibility for domiciliary care
only.
(c) The veteran must have service accredited to the State
of Illinois or have been a resident of this State for one year
immediately preceding the date of application.
(d) For admission to the Illinois Veterans Homes at Anna
and Quincy, the veteran must be disabled by disease, wounds, or
otherwise and because of the disability be incapable of earning

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a living.
(e) For admission to the Illinois Veterans Homes at LaSalle
and Manteno, the veteran must be disabled by disease, wounds,
or otherwise and, for purposes of eligibility for nursing home
care, require nursing care because of the disability.
(f) An individual who served during a time of conflict as
set forth in subsection (a)(1) of this Section has preference
over all other qualifying candidates, for purposes of
eligibility for domiciliary or nursing home care at any
Illinois Veterans Home.
(g) A veteran or spouse, once admitted to an Illinois
Veterans Home facility, is considered a resident for
interfacility purposes.
(Source: P.A. 97-297, eff. 1-1-12.)
(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
Sec. 2.04. There shall be established in the State Treasury
special funds known as (i) the LaSalle Veterans Home Fund, (ii)
the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
Fund, and (iv) the Quincy Veterans Home Fund. All moneys
received by an Illinois Veterans Home from Medicare and from
maintenance charges to veterans, spouses, and surviving
spouses residing at that Home shall be paid into that Home's
Fund. All moneys received from the U.S. Department of Veterans
Affairs for patient care shall be transmitted to the Treasurer
of the State for deposit in the Veterans Home Fund for the Home

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in which the veteran resides. Appropriations shall be made from
a Fund only for the needs of the Home, including capital
improvements, building rehabilitation, and repairs.
The administrator of each Veterans Home shall establish a
locally-held member's benefits fund. The Director may
authorize the Veterans Home to conduct limited fundraising in
accordance with applicable laws and regulations for which the
sole purpose is to benefit the Veterans Home's member's
benefits fund. Revenues accruing to an Illinois Veterans Home,
including any donations, grants for the operation of the Home,
profits from commissary stores, and funds received from any
individual or other source, including limited fundraising,
shall be deposited into that Home's benefits fund. Expenditures
from the benefits funds shall be solely for the special
comfort, pleasure, and amusement of residents. Contributors of
unsolicited private donations may specify the purpose for which
the private donations are to be used.
Upon request of the Department, the State's Attorney of the
county in which a resident or living former resident of an
Illinois Veterans Home who is liable under this Act for payment
of sums representing maintenance charges resides shall file an
action in a court of competent jurisdiction against any such
person who fails or refuses to pay such sums. The court may
order the payment of sums due to maintenance charges for such
period or periods of time as the circumstances require.
Upon the death of a person who is or has been a resident of

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an Illinois Veterans Home who is liable for maintenance charges
and who is possessed of property, the Department may present a
claim for such sum or for the balance due in case less than the
rate prescribed under this Act has been paid. The claim shall
be allowed and paid as other lawful claims against the estate.
The administrator of each Veterans Home shall establish a
locally-held trust fund to maintain moneys held for residents.
Whenever the Department finds it necessary to preserve order,
preserve health, or enforce discipline, the resident shall
deposit in a trust account at the Home such monies from any
source of income as may be determined necessary, and
disbursement of these funds to the resident shall be made only
by direction of the administrator.
If a resident of an Illinois Veterans Home has a dependent
child, spouse, or parent the administrator may require that all
monies received be deposited in a trust account with dependency
contributions being made at the direction of the administrator.
The balance retained in the trust account shall be disbursed to
the resident at the time of discharge from the Home or to his
or her heirs or legal representative at the time of the
resident's death, subject to Department regulations or order of
the court.
The Director of Central Management Services, with the
consent of the Director of Veterans' Affairs, is authorized and
empowered to lease or let any real property held by the
Department of Veterans' Affairs for an Illinois Veterans Home

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to entities or persons upon terms and conditions which are
considered to be in the best interest of that Home. The real
property must not be needed for any direct or immediate purpose
of the Home. In any leasing or letting, primary consideration
shall be given to the use of real property for agricultural
purposes, and all moneys received shall be transmitted to the
Treasurer of the State for deposit in the appropriate Veterans
Home Fund.
(Source: P.A. 97-297, eff. 1-1-12.)
(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
Sec. 2.07. The Department shall employ and maintain
sufficient and qualified staff at the veterans' homes (i) to
fill all beds, subject to appropriation, and (ii) to fulfill
the requirements of this Act. The Department shall report to
the General Assembly, by January 1 and July 1 of each year, the
number of staff employed in providing direct patient care at
their veterans' homes, the compliance or noncompliance with
staffing standards established by the United States Department
of Veterans Affairs for such care, and in the event of
noncompliance with such standards, the number of staff required
for compliance. For purposes of this Section, a nurse who has a
license application pending with the State shall not be deemed
unqualified by the Department if the nurse is in compliance
with Section 50-15 of the Nurse Practice Act.
(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)

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(20 ILCS 2805/2.12 new)
Sec. 2.12. Cemeteries. The Department may operate
cemeteries at the Manteno Veterans Home and the Quincy Veterans
Home for interment of veterans or their spouses as identified
by the Department.
(20 ILCS 2805/3) (from Ch. 126 1/2, par. 68)
Sec. 3. The Department shall:
1. establish Establish an administrative office in
Springfield and a branch thereof in Chicago;
2. establish Establish such field offices as it shall find
necessary to enable it to perform its duties; and
3. maintain Cause to be maintained, at its various offices,
case files containing records of services rendered to each
applicant, service progress cards, and a follow-up system to
facilitate the completion of each request.
(Source: P.A. 79-376.)
Section 10. The Nursing Home Care Act is amended by
changing Sections 2-201.5, 3-101.5, and 3-303 and adding
Section 3-202.6 as follows:
(210 ILCS 45/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a

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nursing facility must be screened to determine the need for
nursing facility services prior to being admitted, regardless
of income, assets, or funding source. Screening for nursing
facility services shall be administered through procedures
established by administrative rule. Screening may be done by
agencies other than the Department as established by
administrative rule. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who
needs mental health services, the screening shall also include
an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person

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to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
(a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
individual.
For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,
beginning at admission, to attain or maintain the individual's
highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's

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wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
facility.
(b) In addition to the screening required by subsection
(a), a facility, except for those licensed as long term care
for under age 22 facilities, shall, within 24 hours after

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admission, request a criminal history background check
pursuant to the Uniform Conviction Information Act for all
persons age 18 or older seeking admission to the facility,
unless a background check was initiated by a hospital pursuant
to subsection (d) of Section 6.09 of the Hospital Licensing Act
or a pre-admission background check was conducted by the
Department of Veterans' Affairs 30 days prior to admittance
into an Illinois Veterans Home. Background checks conducted
pursuant to this Section shall be based on the resident's name,
date of birth, and other identifiers as required by the
Department of State Police. If the results of the background
check are inconclusive, the facility shall initiate a
fingerprint-based check, unless the fingerprint check is
waived by the Director of Public Health based on verification
by the facility that the resident is completely immobile or
that the resident meets other criteria related to the
resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks to be taken on the premises of the facility. If a
fingerprint-based check is required, the facility shall
arrange for it to be conducted in a manner that is respectful
of the resident's dignity and that minimizes any emotional or
physical hardship to the resident.

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(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
(1) Immediately notify the Department of State Police,
in the form and manner required by the Department of State
Police, in collaboration with the Department of Public
Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Department of
State Police. The inquiry shall be processed through the
files of the Department of State Police and the Federal
Bureau of Investigation to locate any criminal history
record information that may exist regarding the subject.
The Federal Bureau of Investigation shall furnish to the
Department of State Police, pursuant to an inquiry under
this paragraph (2), any criminal history record
information contained in its files.
The facility shall comply with all applicable provisions
contained in the Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Department of State
Police electronically in the form and manner prescribed by the

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Department of State Police. The Department of State Police may
charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The fee
shall be deposited into the State Police Services Fund. The fee
shall not exceed the actual cost of processing the inquiry.
(d) (Blank).
(e) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is

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subject to Part 21 of Article VIII of the Code of Civil
Procedure.
(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
(210 ILCS 45/3-101.5)
Sec. 3-101.5. Illinois Veterans Homes. An Illinois
Veterans Home licensed under this Act and operated by the
Illinois Department of Veterans' Affairs is exempt from the
license fee provisions of Section 3-103 of this Act and the
provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
3-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517, and
3-603 through 3-607 of this Act. A monitor or receiver shall be
placed in an Illinois Veterans Home only by court order or by
agreement between the Director of Public Health, the Director
of Veterans' Affairs, and the Secretary of the United States
Department of Veterans Affairs.
(Source: P.A. 96-703, eff. 8-25-09.)
(210 ILCS 45/3-202.6 new)
Sec. 3-202.6. Department of Veterans' Affairs facility
plan review.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
long-term care facility involving major construction, as
defined by rule by the Department, with an estimated cost
greater than $100,000, architectural drawings and

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specifications for the facility shall be submitted to the
Department for review. A facility may submit architectural
drawings and specifications for other construction projects
for Department review according to subsection (b) of this
Section that shall not be subject to fees under subsection (d)
of this Section. Review of drawings and specifications shall be
conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications from the applicant whether the applicant's
submission is complete or incomplete. Failure to provide the
applicant with this notice within 10 working days after
receiving drawings and specifications from the applicant shall
result in the submission being deemed complete for purposes of
initiating the 60-day review period under this Section. If the
submission is incomplete, the Department shall inform the
applicant of the deficiencies with the submission in writing.
If the submission is complete, the Department shall approve or
disapprove drawings and specifications submitted to the
Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable

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the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60-day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60-day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days after receipt by the Department, the construction,
major alteration, or addition shall be deemed approved. If the
drawings and specifications are disapproved, the Department
shall state in writing, with specificity, the reasons for the
disapproval. The entity submitting the drawings and
specifications may submit additional information in response
to the written comments from the Department or request a
reconsideration of the disapproval. A final decision of
approval or disapproval shall be made within 45 days after the
receipt of the additional information or reconsideration
request. If denied, the Department shall state the specific
reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (e) of this Section and shall

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not issue a violation to a facility as a result of a licensure
or complaint survey based upon the facility's physical
structure if:
(1) the Department reviewed and approved or is deemed
to have approved the drawings and specifications for
compliance with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) The Department shall not charge a fee in connection
with its reviews to the Department of Veterans' Affairs.
(e) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days after the Department's final inspection, provided
the applicant has demonstrated substantial compliance as
defined by Department rule. Occupancy of new major construction
is prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in

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this subsection (e), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
(f) The Department shall establish, by rule, a procedure to
conduct interim on-site review of large or complex construction
projects.
(g) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
(h) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for the
residents.
(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)
Sec. 3-303. (a) The situation, condition or practice
constituting a Type "AA" violation or a Type "A" violation
shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department
and specified in the notice of violation, is required for
correction.
(b) At the time of issuance of a notice of a Type "B"
violation, the Department shall request a plan of correction
which is subject to the Department's approval. The facility

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shall have 10 days after receipt of notice of violation in
which to prepare and submit a plan of correction. The
Department may extend this period up to 30 days where
correction involves substantial capital improvement. The plan
shall include a fixed time period not in excess of 90 days
within which violations are to be corrected. If the Department
rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The
facility shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan is
rejected, the facility shall follow an approved plan of
correction imposed by the Department.
(c) If the violation has been corrected prior to submission
and approval of a plan of correction, the facility may submit a
report of correction in place of a plan of correction. Such
report shall be signed by the administrator under oath.
(d) Upon a licensee's petition, the Department shall
determine whether to grant a licensee's request for an extended
correction time. Such petition shall be served on the
Department prior to expiration of the correction time
originally approved. The burden of proof is on the petitioning
facility to show good cause for not being able to comply with
the original correction time approved.
(e) If a facility desires to contest any Department action
under this Section it shall send a written request for a

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hearing under Section 3-703 to the Department within 10 days of
receipt of notice of the contested action. The Department shall
commence the hearing as provided under Section 3-703. Whenever
possible, all action of the Department under this Section
arising out of a violation shall be contested and determined at
a single hearing. Issues decided after a hearing may not be
reheard at subsequent hearings under this Section.
(f) For facilities operated by the Department of Veterans'
Affairs, all deadlines contained in this Section for correction
of violations are subject to adherence to applicable provisions
of State procurement law and the availability of appropriations
for the specific purpose.
(Source: P.A. 96-1372, eff. 7-29-10.)
Section 15. The Veterans and Servicemembers Court
Treatment Act is amended by changing Sections 10 and 25 as
follows:
(730 ILCS 167/10)
Sec. 10. Definitions. In this Act:
"Combination Veterans and Servicemembers Court program"
means a court program that includes a pre-adjudicatory and a
post-adjudicatory Veterans and Servicemembers court program.
"Court" means Veterans and Servicemembers Court.
"IDVA" means the Illinois Department of Veterans' Affairs.
"Peer recovery coach" means a volunteer veteran mentor

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assigned to a veteran or servicemember during participation in
a veteran treatment court program who has been trained and
certified by the court to guide and mentor the participant to
successfully complete the assigned requirements.
"Post-adjudicatory Veterans and Servicemembers Court
Program" means a program in which the defendant has admitted
guilt or has been found guilty and agrees, along with the
prosecution, to enter a Veterans and Servicemembers Court
program as part of the defendant's sentence.
"Pre-adjudicatory Veterans and Servicemembers Court
Program" means a program that allows the defendant with the
consent of the prosecution, to expedite the defendant's
criminal case before conviction or before filing of a criminal
case and requires successful completion of the Veterans and
Servicemembers Court programs as part of the agreement.
"Servicemember" means a person who is currently serving in
the Army, Air Force, Marines, Navy, or Coast Guard on active
duty, reserve status or in the National Guard.
"VA" means the United States Department of Veterans'
Affairs.
"Veteran" means a person who served in the active military,
naval, or air service and who was discharged or released
therefrom under conditions other than dishonorable.
"Veterans and Servicemembers Court professional" means a
member of the Veterans and Servicemembers Court team, including
but not limited to a judge, prosecutor, defense attorney,

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probation officer, coordinator, treatment provider, or peer
recovery coach.
"Veterans and Servicemembers Court" means a court or
program with an immediate and highly structured judicial
intervention process for substance abuse treatment, mental
health, or other assessed treatment needs of eligible veteran
and servicemember defendants that brings together substance
abuse professionals, mental health professionals, VA
professionals, local social programs and intensive judicial
monitoring in accordance with the nationally recommended 10 key
components of drug courts.
(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
(730 ILCS 167/25)
Sec. 25. Procedure.
(a) The Court shall order the defendant to submit to an
eligibility screening and an assessment through the VA and/or
the IDVA to provide information on the defendant's veteran or
servicemember status.
(b) The Court shall order the defendant to submit to an
eligibility screening and mental health and drug/alcohol
screening and assessment of the defendant by the VA or by the
IDVA to provide assessment services for Illinois Courts. The
assessment shall include a risks assessment and be based, in
part, upon the known availability of treatment resources
available to the Veterans and Servicemembers Court. The

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assessment shall also include recommendations for treatment of
the conditions which are indicating a need for treatment under
the monitoring of the Court and be reflective of a level of
risk assessed for the individual seeking admission. An
assessment need not be ordered if the Court finds a valid
screening and/or assessment related to the present charge
pending against the defendant has been completed within the
previous 60 days.
(c) The judge shall inform the defendant that if the
defendant fails to meet the conditions of the Veterans and
Servicemembers Court program, eligibility to participate in
the program may be revoked and the defendant may be sentenced
or the prosecution continued as provided in the Unified Code of
Corrections for the crime charged.
(d) The defendant shall execute a written agreement with
the Court as to his or her participation in the program and
shall agree to all of the terms and conditions of the program,
including but not limited to the possibility of sanctions or
incarceration for failing to abide or comply with the terms of
the program.
(e) In addition to any conditions authorized under the
Pretrial Services Act and Section 5-6-3 of the Unified Code of
Corrections, the Court may order the defendant to complete
substance abuse treatment in an outpatient, inpatient,
residential, or jail-based custodial treatment program, order
the defendant to complete mental health counseling in an

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inpatient or outpatient basis, comply with physicians'
recommendation regarding medications and all follow up
treatment. This treatment may include but is not limited to
post-traumatic stress disorder, traumatic brain injury and
depression.
(f) The Court may establish a mentorship program that
provides access and support to program participants by peer
recovery coaches. Courts shall be responsible to administer the
mentorship program with the support of volunteer veterans and
local veteran service organizations. Peer recovery coaches
shall be trained and certified by the Court prior to being
assigned to participants in the program.
(Source: P.A. 96-924, eff. 6-14-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance