Bill Text: IL SB0321 | 2009-2010 | 96th General Assembly | Introduced

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

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Bill Title: Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2010-03-01 - Public Act . . . . . . . . . 96-0883 [SB0321 Detail]

Download: Illinois-2009-SB0321-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0321 Introduced 2/6/2009, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-310 from Ch. 111 1/2, par. 4153-310
Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB0321 LRB096 03661 DRJ 13689 b
AN ACT concerning regulation.
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 3-310 as follows:
(210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
Sec. 3-310. Collection of penalties.
(a) Except as provided in subsection (b), all All penalties
shall be paid to the Department within 10 days of receipt of
notice of assessment or, if the penalty is contested under
Section 3-309, within 10 days of receipt of the final decision,
unless the decision is appealed and the order is stayed by
court order under Section 3-713. A penalty assessed under this
Act shall be collected by the Department and shall be deposited
with the State Treasurer into the Long Term Care
Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand
for payment within 30 days, the Director shall issue an order
to do any of the following:
(1) Direct the State Treasurer to deduct the amount of
the fine from amounts otherwise due from the State for the
penalty and remit that amount to the Department;
(2) Add the amount of the penalty to the facility's

SB0321 - 2 - LRB096 03661 DRJ 13689 b
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the
license shall not be renewed; or
(3) Bring an action in circuit court to recover the
amount of the penalty.
(b) If the Director determines that it would be in the best
interests of the residents of a facility to do so, the Director
may require that the facility use the amount of any penalty
assessed under this Act for the purpose of implementing a
directed plan of correction rather than pay the amount of the
penalty to the Department as provided in subsection (a). If the
Director requires a facility to use the amount of a penalty for
the purpose of implementing a directed plan of correction as
provided in this subsection, it is the Department's
responsibility to ensure that the facility in fact uses the
amount of the penalty for that purpose.
(c) With the approval of the federal centers for Medicaid
and Medicare services, the Director of Public Health shall set
aside 50% of the federal civil monetary penalties collected
each year to be used to award grants under the Innovations in
Long-term Care Quality Grants Act.
(Source: P.A. 92-784, eff. 8-6-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.