Bill Text: IL HB4592 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that a majority of appointed members of the Long-Term Care Facility Advisory Board shall constitute a quorum. Provides that when a quorum is present, a majority of votes cast (rather than the affirmative vote of 6 members of the Board) shall be necessary for Board action.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2020-02-05 - Referred to Rules Committee [HB4592 Detail]

Download: Illinois-2019-HB4592-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4592 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED:
210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204
Amends the Nursing Home Care Act. Provides that a majority of appointed members of the Long-Term Care Facility Advisory Board shall constitute a quorum. Provides that when a quorum is present, a majority of votes cast (rather than the affirmative vote of 6 members of the Board) shall be necessary for Board action.
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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 Nursing Home Care Act is amended by changing
Section 2-204 as follows:
(210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
Sec. 2-204. The Director shall appoint a Long-Term Care
Facility Advisory Board to consult with the Department and the
residents' advisory councils created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and
(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human
Services, the Department on Aging, and the Office of the
State Fire Marshal, all nonvoting members;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse selected
from the recommendations of professional nursing
associations;
(5) Four members who shall be selected from the
recommendations by organizations whose membership consists

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of facilities;
(6) Two members who shall represent the general public
who are not members of a residents' advisory council
established under Section 2-203 and who have no
responsibility for management or formation of policy or
financial interest in a facility;
(7) One member who is a member of a residents' advisory
council established under Section 2-203 and is capable of
actively participating on the Board; and
(8) One member who shall be selected from the
recommendations of consumer organizations which engage
solely in advocacy or legal representation on behalf of
residents and their immediate families.
(b) The terms of those members of the Board appointed prior
to the effective date of this amendatory Act of 1988 shall
expire on December 31, 1988. Members of the Board created by
this amendatory Act of 1988 shall be appointed to serve for
terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4
years. The member of the Board added by this amendatory Act of
1989 shall be appointed to serve for a term of 4 years. Each
successor member shall be appointed for a term of 4 years. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. The Board
shall meet as frequently as the chairman deems necessary, but
not less than 4 times each year. Upon request by 4 or more

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members the chairman shall call a meeting of the Board. A
majority of appointed members shall constitute a quorum. When a
quorum is present, a majority of votes cast The affirmative
vote of 6 members of the Board shall be necessary for Board
action. A member of the Board can designate a replacement to
serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or
at the Board meeting. The Board members shall be reimbursed for
their actual expenses incurred in the performance of their
duties.
(c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under this
Act and the Specialized Mental Health Rehabilitation Act of
2013, including the format and content of any rules promulgated
by the Department of Public Health. Any such rules, except
emergency rules promulgated pursuant to Section 5-45 of the
Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.
In the event that the Department fails to follow the advice of
the Board, the Department shall, prior to the promulgation of
such rules, transmit a written explanation of the reason
thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those
rules. If the Advisory Board, having been asked for its advice,
fails to advise the Department within 90 days, the rules shall
be considered acted upon.

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(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13;
98-463, eff. 8-16-13.)