Bill Text: IL SB3115 | 2023-2024 | 103rd 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 the transferee shall submit to the Department of Public Health a transition plan, signed by both the transferee and the transferor, that includes, at a minimum, a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of the facility operations occurs. Provides that the transition plan shall be submitted at the same time as notice to the Department of the transfer. Provides that the Department shall accept or reject the transition plan within 10 days after submission. Provides that, if the transition plan is rejected, the Department shall work with the facility, the transferee, and the transferor to bring the transition plan into compliance. Provides that, if the Department finds that an entity failed to follow an accepted transition plan and ensure residents are provided adequate care during the change of ownership process, and finds actual harm to a resident, the Department shall establish a high-risk designation pursuant to paragraph (9) of Section 3-305. Provides that the Department shall issue a violation to the entity that failed to carry out their responsibility under the transition plan that caused the violation. Provides that the change of ownership process shall begin upon submission of the transition plan to 30 days after the transfer of the facility. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0776 [SB3115 Detail]

Download: Illinois-2023-SB3115-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3115 Introduced 2/2/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-112 from Ch. 111 1/2, par. 4153-112
210 ILCS 45/3-114 from Ch. 111 1/2, par. 4153-114
Amends the Nursing Home Care Act. Provides that owners of a facility must submit a transition plan upon a change of ownership. Requires the transition plan to include a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of facility operations occurs. Provides that the Department of Public Health shall not approve any change of ownership without a sufficient transition plan. Provides penalties for failure to provide a transition plan and ensure residents are provided adequate care during the change of ownership process. Provides that the transferor's liability includes failure to have a sufficient transition plan during the change of ownership process. Effective immediately.
LRB103 36794 CES 66904 b
A BILL FOR
SB3115 LRB103 36794 CES 66904 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 Sections 3-112 and 3-114 as follows:
(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
Sec. 3-112. (a) Whenever ownership of a facility is
transferred from the person named in the license to any other
person, the transferee must obtain a new probationary license.
The transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer.
(b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee. The transferor shall
also submit a transition plan that includes, at a minimum, a
detailed explanation of how resident care and appropriate
staffing levels shall be maintained until the license has been
obtained and the transfer of facility operations occurs. The
Department shall not approve any change of ownership without a
sufficient transition plan from the transferor. The transferor
and transferee shall coordinate as necessary to ensure that

SB3115 - 2 - LRB103 36794 CES 66904 b
there are no gaps in care, staffing, and safety during the
transition period. Failure to provide a transition plan and
ensure residents are provided adequate care during the change
of ownership process shall be considered a high-risk
designation pursuant to paragraph (9) of Section 3-305 by the
Department. The Department shall assess penalties and fines 2
times the maximum amount otherwise allowed, which may be
assessed against both the transferor and transferee.
(Source: P.A. 98-756, eff. 7-16-14.)
(210 ILCS 45/3-114) (from Ch. 111 1/2, par. 4153-114)
Sec. 3-114. The transferor shall remain liable for all
penalties assessed against the facility which are imposed for
violations occurring prior to transfer of ownership. The
transferor's liability includes failure to have a sufficient
transition plan during the change of ownership process.
(Source: P.A. 81-223.)