Bill Text: IL HB5131 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that every individual employed as a surveyor after the effective date of the amendatory Act shall serve a probationary period until he or she receives 24 hours of classroom training using a curriculum set forth in administration rules and answers correctly all questions on a written exam. Sets forth requirements for the probationary period. Provides that every surveyor must participate in at least 20 hours of in-service training each calendar year. Provides that every surveyor in the employment of the Department of Public Health shall be retrained using the new employee curriculum between January 1, 2013 and January 1, 2014. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5131 Detail]

Download: Illinois-2011-HB5131-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5131 Introduced , by Rep. David R. Leitch SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-212 from Ch. 111 1/2, par. 4153-212
Amends the Nursing Home Care Act. Provides that every individual employed as a surveyor after the effective date of the amendatory Act shall serve a probationary period until he or she receives 24 hours of classroom training using a curriculum set forth in administration rules and answers correctly all questions on a written exam. Sets forth requirements for the probationary period. Provides that every surveyor must participate in at least 20 hours of in-service training each calendar year. Provides that every surveyor in the employment of the Department of Public Health shall be retrained using the new employee curriculum between January 1, 2013 and January 1, 2014. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by changing
Section 3-212 as follows:
(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
Sec. 3-212. Inspection.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and
evaluate every facility to determine compliance with
applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at time of
inspection. An inspection should occur within 120 days prior to
license renewal. The Department may periodically visit a
facility for the purpose of consultation. An inspection,
survey, or evaluation, other than an inspection of financial
records, shall be conducted without prior notice to the
facility. A visit for the sole purpose of consultation may be
announced. The Department shall provide training to surveyors
about the appropriate assessment, care planning, and care of
persons with mental illness (other than Alzheimer's disease or
related disorders) to enable its surveyors to determine whether

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a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
(a-1) An employee of a State or unit of local government
agency charged with inspecting, surveying, and evaluating
facilities who directly or indirectly gives prior notice of an
inspection, survey, or evaluation, other than an inspection of
financial records, to a facility or to an employee of a
facility is guilty of a Class A misdemeanor.
An inspector or an employee of the Department who
intentionally prenotifies a facility, orally or in writing, of
a pending complaint investigation or inspection shall be guilty
of a Class A misdemeanor. Superiors of persons who have
prenotified a facility shall be subject to the same penalties,
if they have knowingly allowed the prenotification. A person
found guilty of prenotifying a facility shall be subject to
disciplinary action by his or her employer.
If the Department has a good faith belief, based upon
information that comes to its attention, that a violation of
this subsection has occurred, it must file a complaint with the
Attorney General or the State's Attorney in the county where
the violation took place within 30 days after discovery of the
information.
(a-2) An employee of a State or unit of local government
agency charged with inspecting, surveying, or evaluating
facilities who willfully profits from violating the
confidentiality of the inspection, survey, or evaluation

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process shall be guilty of a Class 4 felony and that conduct
shall be deemed unprofessional conduct that may subject a
person to loss of his or her professional license. An action to
prosecute a person for violating this subsection (a-2) may be
brought by either the Attorney General or the State's Attorney
in the county where the violation took place.
(b) In determining whether to make more than the required
number of unannounced inspections, surveys and evaluations of a
facility the Department shall consider one or more of the
following: previous inspection reports; the facility's history
of compliance with standards, rules and regulations
promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity
of complaints received about the facility; any allegations of
resident abuse or neglect; weather conditions; health
emergencies; other reasonable belief that deficiencies exist.
(b-1) The Department shall not be required to determine
whether a facility certified to participate in the Medicare
program under Title XVIII of the Social Security Act, or the
Medicaid program under Title XIX of the Social Security Act,
and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance
with the certification requirements of Title XVIII or XIX, is
in compliance with any requirement of this Act that is less
stringent than or duplicates a federal certification
requirement. In accordance with subsection (a) of this Section

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or subsection (d) of Section 3-702, the Department shall
determine whether a certified facility is in compliance with
requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of
compliance with federal certification requirements, the
results of an inspection conducted pursuant to Title XVIII or
XIX of the Social Security Act may be used as the basis for
enforcement remedies authorized and commenced, with the
Department's discretion to evaluate whether penalties are
warranted, under this Act. Enforcement of this Act against a
certified facility shall be commenced pursuant to the
requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act
exceed those authorized by this Act. As used in this
subsection, "enforcement remedy" means a sanction for
violating a federal certification requirement or this Act.
(c) Upon completion of each inspection, survey and
evaluation, the appropriate Department personnel who conducted
the inspection, survey or evaluation shall submit a copy of
their report to the licensee upon exiting the facility, and
shall submit the actual report to the appropriate regional
office of the Department. Such report and any recommendations
for action by the Department under this Act shall be
transmitted to the appropriate offices of the associate
director of the Department, together with related comments or
documentation provided by the licensee which may refute

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findings in the report, which explain extenuating
circumstances that the facility could not reasonably have
prevented, or which indicate methods and timetables for
correction of deficiencies described in the report. Without
affecting the application of subsection (a) of Section 3-303,
any documentation or comments of the licensee shall be provided
within 10 days of receipt of the copy of the report. Such
report shall recommend to the Director appropriate action under
this Act with respect to findings against a facility. The
Director shall then determine whether the report's findings
constitute a violation or violations of which the facility must
be given notice. Such determination shall be based upon the
severity of the finding, the danger posed to resident health
and safety, the comments and documentation provided by the
facility, the diligence and efforts to correct deficiencies,
correction of the reported deficiencies, the frequency and
duration of similar findings in previous reports and the
facility's general inspection history. Violations shall be
determined under this subsection no later than 90 days after
completion of each inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey
and evaluation reports for at least 5 years in a manner
accessible to and understandable by the public.
(e) Revisit surveys. The Department shall conduct a revisit
to its licensure and certification surveys, consistent with
federal regulations and guidelines.

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(f) Surveyor training. Every individual employed as a
surveyor after the effective date of this amendatory Act of the
97th General Assembly shall serve a probationary period until
he or she receives 24 hours of classroom training using a
curriculum set forth in administration rules and answers
correctly all questions on a written exam designed to confirm
each probationary surveyor's competency on all subject matter
contained in the curriculum. Following the satisfactory
completion of all course work and the competency exam, each
probationary surveyor shall co-conduct 6 surveys with a lead
surveyor who has at least 5 years of experience and an
exemplary record indicating competency in all aspects of the
survey process. The lead surveyor shall submit an evaluation of
the probationary surveyor to the Bureau of Long Term Care and
shall include in the evaluation a recommendation as to whether
the probationary surveyor has shown sufficient competency to
conduct surveys without on-site supervision or whether the
probationary surveyor needs additional coaching before being
given assignments without on-site supervision.
Every surveyor must participate in at least 20 hours of
in-service training each calendar year, the topics of which at
a minimum shall include all changes in statutes and regulations
concerning the operation of a nursing home and the care of the
residents, practical application of such changes, and policy
and procedures necessary to ensure positive outcomes of the
survey process for the facility and its residents. Every

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surveyor in the employment of the Department as of January 1,
2013 shall be retrained using the new employee curriculum
prescribed by this subsection (f) between January 1, 2013 and
January 1, 2014.
Persons who review or supervise the work of surveyors are
responsible for meeting the same training requirements as the
surveyors.
(Source: P.A. 95-823, eff. 1-1-09; 96-1372, eff. 7-29-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.