Bill Amendment: IL HB3398 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NURSING HOME-STAFFING-NURSES
Status: 2015-09-09 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB3398 Detail]
Download: Illinois-2015-HB3398-House_Amendment_002.html
Bill Title: NURSING HOME-STAFFING-NURSES
Status: 2015-09-09 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB3398 Detail]
Download: Illinois-2015-HB3398-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 3398
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2 | AMENDMENT NO. ______. Amend House Bill 3398, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Nursing Home Care Act is amended by | ||||||
6 | changing Section 3-303.1 as follows:
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7 | (210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
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8 | Sec. 3-303.1. Waiver of requirements. | ||||||
9 | (a) Upon application by a facility, the Director may grant
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10 | or renew the waiver of the facility's compliance with a rule or | ||||||
11 | standard
for a period not to exceed the duration of the current | ||||||
12 | license or, in the
case of an application for license renewal, | ||||||
13 | the duration of the renewal
period. The waiver may be | ||||||
14 | conditioned upon the
facility taking action
prescribed by the | ||||||
15 | Director as a measure equivalent to compliance.
In determining | ||||||
16 | whether to grant or renew a waiver, the Director shall consider
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1 | the duration and basis for any current waiver with respect to | ||||||
2 | the same rule
or standard and the validity and effect upon | ||||||
3 | patient health and safety of
extending it on the same basis, | ||||||
4 | the effect upon the health and safety of
residents, the quality | ||||||
5 | of resident
care, the facility's history of compliance with the | ||||||
6 | rules and standards
of this Act and the facility's attempts to | ||||||
7 | comply
with the particular rule or standard in question. | ||||||
8 | (b) The Department may
provide, by rule, for the automatic | ||||||
9 | renewal of waivers concerning physical
plant requirements upon | ||||||
10 | the renewal of a license. The Department shall
renew waivers | ||||||
11 | relating to physical plant standards issued pursuant to this
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12 | Section at the time of the indicated reviews, unless it can | ||||||
13 | show why such
waivers should not be extended for the following | ||||||
14 | reasons:
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15 | (1) (a) the condition of the physical plant has | ||||||
16 | deteriorated or its use
substantially changed so that the | ||||||
17 | basis upon which the waiver was issued is
materially | ||||||
18 | different; or
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19 | (2) (b) the facility is renovated or substantially | ||||||
20 | remodeled in such a way
as to permit compliance with the | ||||||
21 | applicable rules and standards without
substantial | ||||||
22 | increase in cost.
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23 | (c) Upon application by a facility, the Director may grant | ||||||
24 | or renew a waiver of the registered nurse staffing requirements | ||||||
25 | contained in subsection (e) of Section 3-202.05, considering | ||||||
26 | the criteria in subsection (a), if the facility demonstrates to |
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1 | the Director's satisfaction that the facility is unable, | ||||||
2 | despite diligent efforts, including offering wages at a | ||||||
3 | competitive rate for registered nurses in the community, to | ||||||
4 | employ the required number of registered nurses. Waivers | ||||||
5 | granted under this subsection shall be reviewed quarterly by | ||||||
6 | the Department, including requiring a demonstration by the | ||||||
7 | facility that it has continued to make diligent efforts to | ||||||
8 | employ the required number of registered nurses, and shall be | ||||||
9 | revoked for noncompliance with any of the following | ||||||
10 | requirements: | ||||||
11 | (1) For periods in which the number of registered | ||||||
12 | nurses required by law is not in the facility, a physician | ||||||
13 | or registered nurse shall respond immediately to a | ||||||
14 | telephone call from the facility. | ||||||
15 | (2) The facility shall notify the following of the | ||||||
16 | waiver: the Office of the State Long Term Care Ombudsman, | ||||||
17 | the residents of the facility, the residents' guardians, | ||||||
18 | and the residents' representatives. | ||||||
19 | (d) A copy of each waiver application and each waiver | ||||||
20 | granted or renewed shall
be on file with the Department and | ||||||
21 | available for public inspection. The
Director shall annually | ||||||
22 | review such file and recommend to the Long Term
Care Facility | ||||||
23 | Advisory Board any modification in rules or standards suggested
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24 | by the number and nature of waivers requested and granted and | ||||||
25 | the difficulties
faced in compliance by similarly situated | ||||||
26 | facilities.
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1 | (Source: P.A. 85-1216.)".
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