Bill Text: IL HB5849 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Nursing Home Care Act. Requires the Department of Public Health to establish a statewide central review team to review all alleged Type "AA" or Type "A" violations of the Act and all alleged violations, cited at the level of substandard quality of care, of federal rules concerning certification of long-term care facilities to participate in the Medicaid program. Requires such review before the Director of Public Health or his or her designee determines that a violation exists and serves a notice of violation. Requires the review team to analyze all available data and precedents for the purpose of ensuring that determinations of violations are consistent throughout the State. Provides that upon concluding a review of an alleged violation, the review team shall submit its written findings and recommendations to the Director. Effective January 1, 2013.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5849 Detail]
Download: Illinois-2011-HB5849-Engrossed.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
| 5 | Section 3-301 as follows:
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| 6 | (210 ILCS 45/3-301) (from Ch. 111 1/2, par. 4153-301)
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| 7 | Sec. 3-301. Determination of violation; notice; review | ||||||
| 8 | team. | ||||||
| 9 | (a) If after receiving the report specified in subsection | ||||||
| 10 | (c)
of Section 3-212 the Director or his designee determines | ||||||
| 11 | that a facility is
in violation of this Act or of any rule | ||||||
| 12 | promulgated thereunder, then, except as provided in subsection | ||||||
| 13 | (b), he shall
serve a notice of violation upon the licensee | ||||||
| 14 | within 10 days thereafter.
Each notice of violation shall be | ||||||
| 15 | prepared in
writing and shall specify the nature of the | ||||||
| 16 | violation, and the statutory
provision or rule alleged to have | ||||||
| 17 | been violated. The notice shall
inform the licensee of any | ||||||
| 18 | action the Department may take under the Act,
including the | ||||||
| 19 | requirement of a facility plan of correction under Section
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| 20 | 3-303; placement of the facility on a list prepared under | ||||||
| 21 | Section 3-304;
assessment of a penalty under Section 3-305; a | ||||||
| 22 | conditional license
under Sections 3-311 through 3-317; or | ||||||
| 23 | license suspension or revocation
under Section 3-119. The | ||||||
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| 1 | Director or his designee shall
also inform the licensee of | ||||||
| 2 | rights to a hearing under Section 3-703.
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| 3 | (b) The Department shall establish a statewide management | ||||||
| 4 | review team to review all alleged Type "AA" or Type "A" | ||||||
| 5 | violations of this Act or the rules promulgated thereunder. The | ||||||
| 6 | management review team shall review all such alleged violations | ||||||
| 7 | before the Director or his or her designee determines that a | ||||||
| 8 | violation exists and serves a notice of violation under | ||||||
| 9 | subsection (a). In conducting a review under this subsection, | ||||||
| 10 | the review team shall analyze all available data and precedents | ||||||
| 11 | for the purpose of ensuring that determinations of violations | ||||||
| 12 | are consistent throughout the State. | ||||||
| 13 | (Source: P.A. 85-1378.)
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| 14 | Section 99. Effective date. This Act takes effect January | ||||||
| 15 | 1, 2013.
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