Bill Text: IL HB0066 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Nursing Home Care Act. Provides that an owner or operator of a facility shall purchase and maintain not less than $500,000 in liability insurance for each facility. Provides that no person may establish, own, or operate a facility in the State unless and until the person provides proof of liability insurance coverage to the Department of Public Health. Provides that the Department shall issue a license if the applicant and the facilities meet specified requirements. Provides that each application for a license for a facility shall be accompanied by a license fee of $20 for each bed in the facility, with a minimum fee per facility of $200 (instead of an annual fee of $1,990). Provides that an application for a license to operate a facility also shall include affirmative evidence of the ability to comply with the liability insurance requirement. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0066 Detail]

Download: Illinois-2013-HB0066-Amended.html

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Rep. André M. Thapedi

Filed: 1/31/2013

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AMENDMENT TO HOUSE BILL 66
AMENDMENT NO. ______. Amend House Bill 66 by replacing
everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by
changing Section 3-103 and by adding Section 3-216 as follows:
(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
Sec. 3-103. The procedure for obtaining a valid license
shall be as follows:
(1) Application to operate a facility shall be made to
the Department on forms furnished by the Department and
shall contain such information as the Department
reasonably requires, which may include affirmative
evidence of the ability to comply with such reasonable
standards and rules as are lawfully prescribed under this
Article.
(2) All license applications shall be accompanied with

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an application fee. The fee for an annual license shall be
$999 $1,990. Facilities that pay a fee or assessment
pursuant to Article V-C of the Illinois Public Aid Code
shall be exempt from the license fee imposed under this
item (2). The fee for a 2-year license shall be double the
fee for the annual license. The fees collected shall be
deposited with the State Treasurer into the Long Term Care
Monitor/Receiver Fund, which has been created as a special
fund in the State treasury. This special fund is to be used
by the Department for expenses related to the appointment
of monitors and receivers as contained in Sections 3-501
through 3-517 of this Act, for the enforcement of this Act,
for expenses related to surveyor development, and for
implementation of the Abuse Prevention Review Team Act. All
federal moneys received as a result of expenditures from
the Fund shall be deposited into the Fund. The Department
may reduce or waive a penalty pursuant to Section 3-308
only if that action will not threaten the ability of the
Department to meet the expenses required to be met by the
Long Term Care Monitor/Receiver Fund. The application
shall be under oath and the submission of false or
misleading information shall be a Class A misdemeanor. The
application shall contain the following information:
(a) The name and address of the applicant if an
individual, and if a firm, partnership, or
association, of every member thereof, and in the case

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of a corporation, the name and address thereof and of
its officers and its registered agent, and in the case
of a unit of local government, the name and address of
its chief executive officer;
(b) The name and location of the facility for which
a license is sought;
(c) The name of the person or persons under whose
management or supervision the facility will be
conducted;
(d) The number and type of residents for which
maintenance, personal care, or nursing is to be
provided; and
(e) Such information relating to the number,
experience, and training of the employees of the
facility, any management agreements for the operation
of the facility, and of the moral character of the
applicant and employees as the Department may deem
necessary.
(3) Each initial application shall be accompanied by a
financial statement setting forth the financial condition
of the applicant and by a statement from the unit of local
government having zoning jurisdiction over the facility's
location stating that the location of the facility is not
in violation of a zoning ordinance. An initial application
for a new facility shall be accompanied by a permit as
required by the "Illinois Health Facilities Planning Act".

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After the application is approved, the applicant shall
advise the Department every 6 months of any changes in the
information originally provided in the application.
(4) Other information necessary to determine the
identity and qualifications of an applicant to operate a
facility in accordance with this Act shall be included in
the application as required by the Department in
regulations.
(5) An application for a license to operate a facility
also shall include affirmative evidence of the ability to
comply with the requirement of Section 3-216 of this Act.
(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10;
96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff.
1-1-12.)
(210 ILCS 45/3-216 new)
Sec. 3-216. Liability insurance requirement.
(a) An owner or operator of a facility shall purchase and
maintain not less than $750,000 in liability insurance for each
facility. The liability insurance shall cover each resident per
occurrence of negligence.
(b) The liability coverage amount described in this Section
shall include coverage for indemnity of the insured only. The
cost of defending the insured shall not be covered.
(c) No person may establish, own, or operate a facility in
the State unless and until the person provides proof of

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liability insurance coverage as described under this Section to
the Department.
(d) The Department shall suspend or revoke the license or
certificate of any facility whose owner or operator violates
the provisions of this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.".