Bill Text: IL SB1292 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Nursing Home Care Act. Provides that all federal moneys received as a result of expenditures from the Long Term Care Monitor/Receiver Fund and all interest earned on moneys in the Fund shall be deposited into the Fund (rather than all federal moneys received as a result of expenditures from the Fund shall be deposited into the Fund). Provides that, with regard to the Long Term Care Monitor/Receiver Fund, deposits, balances, and expenditures shall be separately maintained for all federal fees, fines, and penalties and all State fees, fines, and penalties paid into the Fund. Provides that this shall include all interest earned and all federal dollars received as a result of expenditures from the Fund. Provides that with the exception of expenditures for monitors and receivers appointed by the courts or by the Department of Public Health under the authority granted in the Act, all authority for transfers or expenditures from the Fund is hereby suspended beginning fiscal year 2014; beginning in fiscal year 2014, expenditures in excess of those for monitors and receivers shall be made after consultation with the Long-Term Care Facility Advisory Board and based on the estimated amount of fines and penalties collected; and any funds transferred or expended in violation of this provision shall be immediately restored. Sets forth provisions concerning the Director of Public Health's plan for the reduction of violations and fines and list of recommended expenditures in excess of the amount needed for monitors and receivers. Provides that the Fund is not subject to sweeps, administrative chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any amount from the Fund into any other fund of the State. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2013-07-15 - Public Act . . . . . . . . . 98-0085 [SB1292 Detail]

Download: Illinois-2013-SB1292-Enrolled.html



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1 AN ACT concerning health facilities.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by changing
5Section 3-304.1 and by adding Section 3-518 as follows:
6 (210 ILCS 45/3-304.1)
7 Sec. 3-304.1. Public computer access to information.
8 (a) The Department must make information regarding nursing
9homes in the State available to the public in electronic form
10on the World Wide Web, including all of the following
11information:
12 (1) who regulates nursing homes;
13 (2) information in the possession of the Department
14 that is listed in Sections 3-210 and 3-304;
15 (3) deficiencies and plans of correction;
16 (4) enforcement remedies;
17 (5) penalty letters;
18 (6) designation of penalty monies;
19 (7) the U.S. Department of Health and Human Services'
20 Health Care Financing Administration special projects or
21 federally required inspections;
22 (8) advisory standards;
23 (9) deficiency-free surveys;

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1 (10) enforcement actions and enforcement summaries;
2 and
3 (11) distressed facilities; and .
4 (12) the report submitted under Section 3-518.
5 (b) No fee or other charge may be imposed by the Department
6as a condition of accessing the information.
7 (c) The electronic public access provided through the World
8Wide Web shall be in addition to any other electronic or print
9distribution of the information.
10 (d) The information shall be made available as provided in
11this Section in the shortest practicable time after it is
12publicly available in any other form.
13(Source: P.A. 96-1372, eff. 7-29-10.)
14 (210 ILCS 45/3-518 new)
15 Sec. 3-518. Fines. Beginning January 15, 2014, and each
16January 15 thereafter, the Department shall submit to the
17General Assembly, the Department's Long-Term Care Facility
18Advisory Board, and the State Ombudsman an accounting of all
19federal and State fines received by the Department in the
20preceding fiscal year by the fund in which they have been
21deposited. For each fund, the report shall show the source of
22all moneys that are deposited into each fund and the purpose
23and amount of all expenditures from each fund.
24 Section 99. Effective date. This Act takes effect upon
25becoming law.
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