Bill Text: IL HB4134 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that within one month after the effective date of the amendatory Act, all facilities licensed under the Act must adopt and implement a COVID-19 vaccination mandate that requires all facility staff members licensed in this State to receive a single-shot COVID-19 vaccine or the first dose of a 2-dose COVID-19 vaccine within 7 business days after the facility's mandate takes effect. Provides that the mandate must also require those licensed facility staff members who receive the first dose of a 2-dose COVID-19 vaccine to receive the second dose within the timeframe recommended by the U.S. Food and Drug Administration. Requires the Department of Public Health to issue a notice of noncompliance to facilities and licensed facility staff members who violate the provisions of the amendatory Act. Provides that a facility shall be fined $500 for each week that the facility fails to comply, not to exceed $24,000 per calendar year. Provides that if a facility fails to comply with the requirements of the amendatory Act within 10 business days after receiving a notice of noncompliance, the Department shall notify the facility in writing that its operational license is subject to revocation. Provides that if a facility staff member fails to comply with a facility's COVID-19 vaccination mandate within 5 business days after receiving a notice of noncompliance, the facility staff member shall be notified by the Department that his or her occupational or professional license will be revoked. Provides that a facility staff member's license will be reinstituted upon providing proof of compliance with the facility's COVID-19 vaccination mandate to the Department. Amends the State Finance Act. Creates the Nursing Home Infection Control Fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-09-03 - Referred to Rules Committee [HB4134 Detail]

Download: Illinois-2021-HB4134-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4134 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
See Index
Amends the Nursing Home Care Act. Provides that within one month after the effective date of the amendatory Act, all facilities licensed under the Act must adopt and implement a COVID-19 vaccination mandate that requires all facility staff members licensed in this State to receive a single-shot COVID-19 vaccine or the first dose of a 2-dose COVID-19 vaccine within 7 business days after the facility's mandate takes effect. Provides that the mandate must also require those licensed facility staff members who receive the first dose of a 2-dose COVID-19 vaccine to receive the second dose within the timeframe recommended by the U.S. Food and Drug Administration. Requires the Department of Public Health to issue a notice of noncompliance to facilities and licensed facility staff members who violate the provisions of the amendatory Act. Provides that a facility shall be fined $500 for each week that the facility fails to comply, not to exceed $24,000 per calendar year. Provides that if a facility fails to comply with the requirements of the amendatory Act within 10 business days after receiving a notice of noncompliance, the Department shall notify the facility in writing that its operational license is subject to revocation. Provides that if a facility staff member fails to comply with a facility's COVID-19 vaccination mandate within 5 business days after receiving a notice of noncompliance, the facility staff member shall be notified by the Department that his or her occupational or professional license will be revoked. Provides that a facility staff member's license will be reinstituted upon providing proof of compliance with the facility's COVID-19 vaccination mandate to the Department. Amends the State Finance Act. Creates the Nursing Home Infection Control Fund. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.942 as follows:
(30 ILCS 105/5.942 new)
Sec. 5.942. Nursing Home Infection Control Fund. The
Nursing Home Infection Control Fund is created as a special
fund in the State treasury. The Fund shall consist of moneys
obtained from fees collected by the Department of Public
Health under Section 3-325 of the Nursing Home Care Act and
moneys appropriated to the Department of Public Health for the
purpose of infection control in facilities licensed under the
Nursing Home Care Act. Subject to appropriation, moneys in the
Fund shall be used by the Department of Public Health to carry
out the aforementioned purpose and for no other purpose. All
interest earned on moneys in the Fund shall be deposited into
the Fund.
Section 10. The Nursing Home Care Act is amended by adding
Section 3-325 as follows:
(210 ILCS 45/3-325 new)

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Sec. 3-325. COVID-19 vaccination mandate; penalties.
(a) Within one month after the effective date of this
amendatory Act of the 102nd General Assembly, all facilities
licensed under this Act must adopt and implement a COVID-19
vaccination mandate that requires all facility staff members
licensed in this State to receive a single-shot COVID-19
vaccine or the first dose of a 2-dose COVID-19 vaccine within 7
business days after the facility's mandate takes effect. The
mandate must also require those licensed facility staff
members who receive the first dose of a 2-dose COVID-19
vaccine to receive the second dose within the timeframe
recommended by the U.S. Food and Drug Administration. The
requirements of this Section shall remain in effect for the
duration of a disaster proclamation, and any subsequent
disaster proclamation, issued by the Governor in response to
the COVID-19 public health emergency.
(b) Upon discovering that a facility has failed to adopt
and implement a COVID-19 vaccination mandate as required under
subsection (a), the Department shall issue a written notice to
the facility informing the facility that it must comply with
subsection (a) within 5 business days after receipt of the
notice. If the facility does not comply with subsection (a)
within the 5-day period, then the facility shall be fined $500
for each week that the facility fails to comply, not to exceed
$24,000 per calendar year.
(c) If a facility does not comply with subsection (a)

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within 10 business days after receiving notice from the
Department under subsection (b), the Department shall notify
the facility that its operational license will be revoked if
it does not comply with subsection (a) within 3 business days
after receiving the notification required under this
subsection.
(d) Upon discovering that a licensed facility staff member
has failed to comply with a facility's COVID-19 vaccination
mandate, the Department shall issue a written notice to the
staff member informing the staff member that he or she must
comply with the facility's COVID-19 vaccination mandate within
5 business days after receipt of the notice.
(e) If a licensed facility staff member does not comply
with a facility's COVID-19 vaccination mandate within 5
business days after receiving notice from the Department under
subsection (d), the Department shall notify the staff member
that his or her occupational or professional license will be
revoked if he or she does not comply with the policy
implemented under subsection (a) within 3 business days after
receiving the notification required under this subsection. A
facility staff member's license will be reinstituted upon
providing proof of compliance with the facility's COVID-19
vaccination mandate to the Department.
(f) Fines collected by the Department under this Section
shall be deposited into the Nursing Home Infection Control
Fund created under Section 5.942 of the State Finance Act.

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(g) The Department may adopt rules to implement this
Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance